E Relating to human services ARTICLE 1 LICENSING Modifying certain human services licensing provisions; including private licensing agencies in the definition of welfare system for welfare data classification purposes, defining private licensing agency; requiring the commissioner of human services to provide active and inactive investigative data including names of reporters of alleged maltreatment of minors or vulnerable adults to the ombudsman for mental health and mental retardation upon request of the ombudsman; authorizing the exchange of not public data relating to substantiated child or vulnerable adult maltreatment with the department of corrections for licensing background studies purposes; defining adult day care and annual or annually for licensure purposes; making permanent a certain exclusion from licensing requirements for certain board and lodge facilities serving mentally ill persons and clarifying the exclusion from licensure requirements for services provided and funded according to approved federal waiver plans; prohibiting the issuance of relative foster care emergency licenses to persons potentially disqualified from licensure through a background study; requiring applicants or license holders initiating background checks and receiving information on the possible criminal or maltreatment history resulting from the checks to immediately report the information to the commissioner and clarifying the prohibition on access by disqualified persons to persons served by the program; granting county agencies access to criminal history data in the same manner as county licensing agencies for background studies on legal nonlicensed child care providers to determine eligibility for child care funds; modifying certain requirements for reconsideration of disqualifications due to determinations of maltreatment, modifying fair hearing requirements and specifying certain determinations or dispositions considered to be conclusive; prohibiting program operation by license holders appealing final immediate licensing sanctions pending the final order; timely appeals of orders suspending or revoking licenses to stay the suspension or revocation pending final order of the commissioner; providing for the consolidation of certain hearings and reconsiderations; specifying certain minimum sudden infant death syndrome (SIDS) prevention training requirements for family and group family child care providers, requiring county licensing agency approval; authorizing fire inspections by local fire code inspectors; authorizing county agency variances for disqualified persons under certain conditions, specifying certain county reporting requirements; modifying certain standards of evidence for maltreatment and disqualification hearings ARTICLE 2 CONTINUING CARE AND HEALTH CAREExpanding the definition of project construction costs under the nursing home bed moratorium to include the cost of new technology and depreciable equipment, requiring inclusion in appraised value and allowable debt for reimbursement determination purposes; expanding transition planning grants eligibility to boarding care facilities; providing for optional registration with the commissioner of health of housing with services establishments not meeting certain resident age requirements, prohibiting the establishments from providing group residential housing; modifying continuing education requirements for case managers under the adult and children's mental health acts; modifying a certain provision regulating interstate contracts for mental health services, redefining agency and defining receiving state and sending state; stating the purpose of the contracts relating to appropriate treatment; expanding commissioner of human services and special contracting authority, providing for civil commitment under certain conditions; eliminating the authority of the commissioner of human services to administer a supplemental drug rebate program for drugs purchased under the prescription drug program; requiring the commissioner to act as the designated state agent for carrying out certain responsibilities required under the federal Ryan White comprehensive AIDS resources emergency (CARE) act, requiring rebates collected from pharmaceutical manufacturers on drugs purchased with federal AIDS drug assistance program funds to be deposited into the ADAP account in the special revenue fund and used for administration of the federal act; authorizing nursing homes between certain dates to elect to assume full participation in the medical assistance (MA) program by agreeing to comply with the requirements of the program and to begin to receive medical assistance recipients, providing for the determination of rates and rate adjustments; requiring the drug formulary committee to consider data from the state medicaid program in developing prior authorization criteria, requiring the commissioner to provide advance notice of drug prior authorization requirements, authorizing appeal of prior authorization denials, requiring provision of the drug without prior authorization pending a decision, prohibiting prior authorization requirements for antipsychotic drugs or temporarily for antihemophilic factor drugs without generic equivalents, commissioner patient safety determination exception, prohibition to apply to supplemental drug rebate programs established or administered by the commissioner; expanding coverage for special education services under medical assistance to school nurse administration of medications identified in individual education plans (IEP) and expanding medical assistance coverage for providers of family community support services, home based mental health services or therapeutic support of foster care services under certain conditions; recodifying and modifying the provision providing medical assistance coverage for case management services for vulnerable adults and adults with developmental disabilities; requiring recipients choosing to use the shared personal care assistant services option under medical assistance to utilize the same fiscal intermediary; expanding exceptions to nursing facility preadmission screening requirements to certain short term stay residents admitted directly from a hospital, requiring notice of eligibility for long term care consultation services, requiring assessment for longer stays; modifying the provision providing eligibility for case management services for certain nursing or certified boarding care home, hospital or intermediate care facility residents and clarifying certain other covered services under the medical assistance alternative care program; modifying the limit on annual and cash payments for other services for all clients in a county; modifying the supervision requirement for coverage for personal care services provided by relatives; granting the state immunity from liability for damages or injuries sustained through the purchase of direct supports or goods under the program; requiring written notice of denial of alternative care and eliminating a certain monthly client premium calculation requirement; requiring provider enrollment as Minnesota health care program providers; authorizing adjustment of the initially approved monthly conversion rate under the elderly waiver by certain legislatively adopted cost of living increases; requiring initial assessments of client strengths, informal supports and need for services under the elderly waiver, requiring elderly waiver clients to be provided a copy of the written care plan and specifying certain services and supports requirements; expanding the persons authorized for provider face to face contact for medical assistance or MinnesotaCare payment of targeted case management services for vulnerable adults and persons with developmental disabilities; modifying certain region 10 quality assurance pilot project federal and rule waiver requirements; subjecting the provision relating to division of cost between the state and county for certain longer term nursing facility placements of certain persons with disabilities under medical assistance to requirements of the unitary residence and financial responsibility act and exempting placements in facilities not certified to participate in medical assistance from the cost division requirement; providing for commissioner negotiation in lieu of contracting with nursing facilities eligible to receive medical assistance payments to provide services to ventilator dependent persons and specifying the payment rate limit upon implementation of the RUGs based case mix system; modifying and clarifying certain provisions under the nursing facility planned closure program; authorizing nursing facilities receiving a planned closure rate adjustment to reassign the adjustment to another facility under the same ownership within a certain number of years of the effective date, providing for computation, requiring commissioner recalculation of planned closure rate adjustments for facilities delicensing beds after a certain date to reflect increases in per bed dollar amounts; specifying a timeline for implementation of reimbursement classifications established under the case mix system; requiring the operating payment rate for intermediate care facilities for persons with mental retardation and related conditions (ICF MR) to be adjusted for increases in department of health licensing fees; authorizing managed care plans under the medical assistance prepayment demonstration project, MinnesotaCare and general assistance medical care (GAMC) to include as admitted assets amounts withheld and expected to be returned; increasing the medical assistance rates for outpatient mental health services provided by certain outpatient rehabilitation facilities; eliminating the requirement of the commissioner to seek federal funding to offset costs for GRH services; requiring the commissioner of human services to study case management services for persons with disabilities and report to the legislature by a certain date on strategies to improve and enhance the services; requiring prepaid health plans to pass through to service providers the mental health services rate increase; authorizing commissioner use of community services development grants for the development of housing options for certain persons residing in nursing facilities; requiring the commissioners of human services and the housing finance agency (HFA) to make recommendations to the long term care task force by a certain date on ways to increase the ability of persons with disabilities to access affordable housing, specifying certain recommendations requirements; requiring the commissioner of human services to review and report to the legislature by a certain date on the cost effectiveness of prior authorization of prescription drugs in the fee for service medical assistance program; requiring the commissioners of human services and children, families and learning and state services for the blind to meet with deaf blind persons and the Minnesota commission serving deaf and hard of hearing individuals to determine the most efficient and effective agency to develop and administer a pilot program for consumer directed services to deaf blind adults, children and families, requiring the agency developing the pilot program to report to the legislature by a certain date, specifying certain report content requirements; requiring the commissioner of human services to combine the existing biennial base level funding for deaf blind services into a single grant program and specifying authorized grant awards; requiring the commissioner to study and report to the legislature by a certain date on the feasibility of expanding medical assistance benefits to certain deaf blind services and exempting the study from the consulting contract moratoriumARTICLE 3 MISCELLANEOUS Modifying the requirement for annual transfer of a certain amount of money in the academic health center account to the commissioner of health for distribution to the university of Minnesota board of regents for academic health center costs; requiring commissioner of children, families and learning approval of all education programs for placement of children and youth in care and treatment facilities before licensure by the departments of human services or corrections and requiring the programs to conform to state and federal education laws, defining care and treatment placement, specifying the responsibility of the school district of facility location for the provision of education services, designating the department of corrections as the providing district for education programs operated by the department, specifying certain education services, individual education plan (IEP) and exit report requirements and providing for reimbursement for the services; requiring charter schools to generate state special education aid based on current year expenditures for the first years of operation; requiring the commissioner of health to post on the department web site information relating to unidentified deceased persons for identification assistance purposes; extending the availability of rural hospital capital improvement grant funds until expenditure by the grantee; prohibiting health care providers from charging fees for copies of patient health care records requested to appeal denials of social security benefits; requiring legislative approval of rules adopted after a certain date by the commissioner of health relating to the clean indoor air act, exceptions; eliminating a certain continuing education requirement relating to infection control for acupuncture practitioners licensure renewal purposes; relieving counties of certain poor relief obligations, defining poor relief, exempting county agencies from the responsibility to provide income support or cash assistance to needy persons no longer eligible for assistance under the general assistance (GA), Minnesota family investment (MFIP) or Minnesota supplemental aid (MSA) programs(je, ja)