E Relating to human services; making changes to public assistance + and health care programs, long term care, continuing care for persons with +disabilities, occupational licenses, children's and mental health services and +certain criminal justice provisions; providing for the organization, +operation and financing of state governmentARTICLE 1 � WELFARE REFORMPrioritizing persons no longer eligible for diversionary work program+ supports for transitional year child care under the basic sliding fee program; eliminating the food assistance program limit to certain noncitizens;+ defining qualified professional under the Minnesota family investment program; eliminating the requirement for county agencies to count a portion of subsidized rents as unearned income for MFIP standard of need +determination purposes; authorizing county agency recovery of overpayments to +caregivers; prohibiting appeal requests from extending diversionary work program +benefits beyond a certain limit; clarifying an exemption from the 60 month +limit on the receipt of assistance for persons over a certain age and exempting +receipt of DWP benefits from the limit and hardship extension eligibility for +certain participants; modifying the sanction policy for extended cases; +modifying the time limits for counties to provide employment and training services +to certain caregivers and for MFIP participants to inform job counselors of +employment status changes; establishing a new diversionary work program using +temporary assistance for needy families (TANF) funds, specifying eligibility +requirements and providing for grants; repealing the definition of professional certification, a certain provision establishing the status of +participants disqualified from hardship extension eligibility and certain laws +relating to noncitizen disqualification for state funded programs and to certain +pilot projects to test alternative approaches to improve compliance with +MFIP work requirements ARTICLE 2 � HEALTH CARERequiring the commissioner of human services to use physician clinic +rates in maximizing federal financial participation in medical education and +research costs; requiring drug manufacturers to periodically report certain +pricing criteria for each drug to the board of pharmacy and the commissioner, classifying the information reported as trade secret information; +modifying certain rebate requirements under the drug rebate program and +requiring the commissioner to evaluate the effectiveness of participation in a +multistate preferred drug list and supplemental rebate program in reducing costs+ or improving operations of the medical assistance program, authorizing +certain contracts; modifying the income eligibility of certain seniors for +the prescription drug program; restricting payments under medical +assistance (MA), MinnesotaCare and general assistance medical assistance to out of +state hospitals and delaying the rebasing of certain hospital payment +rates; reducing the total payment for fee for service inpatient admissions after a +certain date, excepting certain mental health services from the reduction; +requiring and providing for the board on aging to establish and administer a +prescription drug assistance program to assist individuals in accessing programs +offered by pharmaceutical manufacturers providing free or discounted +prescription drugs or providing coverage for the drugs; specifying certain income +deductions for children and eliminating certain income disregards for pregnant women+ and infants for medical assistance eligibility purposes; modifying +certain medical assistance eligibility requirements for employed persons with +disabilities and eliminating the determination of eligibility for certain applicants +in the month of application; providing medical assistance coverage for +dental services provided by licensed denturists and modifying coverage for certain +drugs and exempting atypical antipsychotic drugs from prior authorization +requirements under certain conditions; modifying the membership and duties of the +drug formulary committee, providing for the payment of honoraria for +member attendance at meetings and for reimbursement for mileage; requiring +the commissioner to develop a demonstration project to provide culturally+ specific pharmaceutical care to American Indian recipients over a certain age;+ modifying provisions relating to special modifying coverage for certain +transportation costs; requiring and providing for the commissioner in consultation +with the commissioner of health to periodically establish a list of health +care services ineligible for coverage under the medical assistance, GAMC and +MinnesotaCare programs; making continued medical assistance eligibility for certain recipients contingent on federal funding; imposing a temporary county+ share of medical assistance costs, requiring state reimbursement after a +certain date; providing for the allocation of certain intergovernmental transfers +to certain hospitals and clarifying certain provisions providing for the +inclusion of Fairview university medical center under the program; reducing +medical assistance payments for hospital emergency room and outpatient +services and clinic visits, excluding Indian health service facilities; modifying +certain enrollment eligibility and payment provisions under the prepayment demonstration project (PMAP); requiring medical assistance payments +for physician and professional services after a certain date to be based +on medicare relative value units (RVUs), change to be budget neutral, +providing for increased reimbursement for certain rehabilitation services +provided by designated essential community providers under certain conditions; +eliminating GAMC eligibility in the month of application and requiring more +frequent renewal of MinnesotaCare enrollee eligibility based on the +operational status of the HealthMatch system; requiring more frequent payment of +MinnesotaCare premiums; modifying MinnesotaCare eligibility for children relating +to employer subsidized or other health coverage, requiring the commissioner to +collect the premium contributions from employers choosing to participate in the +employer subsidized coverage exemption provided for certain children; removing+ the exemptions from the health care providers gross earnings tax and the +health plan companies insurance gross premium tax for payments received +under the medical assistance, GAMC and MinnesotaCare programs; requiring the +commissioner in consultation with the commissioner of transportation (DOT) and +special transportation service providers to review special transportation +service eligibility criteria and potential cost savings and to present +recommendations for changes to the legislature by a certain date, restricting use by +the commissioner of human services of brokers or coordinators to the +services; authorizing the commissioner to temporarily exempt certain managed +care plans from certain withhold requirements under certain conditions; +requiring the commissioner to seek a pharmacy plus federal waiver for the +prescription drug program, to evaluate the effectiveness of participation in multistate+ or multiagency drug purchasing programs in reducing costs or improving +operations of drug benefit programs and to assess the cost savings generated by +mail order dispensing of prescription drugs to medical assistance, GAMC and +prescription drug program recipients, requiring reports to the legislature by +certain dates; authorizing the commissioner to accept grants or donations from +nonprofit charitable foundations to increase dental access in the medical +assistance program; limiting coverage of certain health care diagnosis/treatment+ pairings under the medical assistance, GAMC and MinnesotaCare programs; +repealing the requirement for the commissioner to annually report to the +legislature on the prescription drug program and medical assistance coverage for +intensive early intervention behavior therapy services for children with autism +spectrum disorders ARTICLE 3 � HEALTH MISCELLANEOUSModifying the definition of major spending commitment for expenditure+ reporting purposes and specifying certain reporting requirements of health care+ providers intending to make a major spending commitment in excess of a certain +amount of money for medical equipment or for a capital project, authorizing +retrospective reviews by the commissioner of health; authorizing the commissioner +to audit referral patterns of providers qualifying for exceptions under the +federal Stark law; modifying certain medical education and research costs +(MERC) distribution provisions; requiring the commissioner to accept an +application for designation as an essential community provider from a certain +nonprofit community clinic in Hennepin county providing health care to an +underserved American Indian population and collaborating with other neighboring organizations on a community diabetes project and an immunization +project, deadline; requiring health plan coverage of communication aids or +devices for children with hearing loss due to functional congenital malformation +of the ears not correctable by other covered procedures; imposing fees for commissioner approval of plans and specifications for public swimming+ pool and spa construction, installation, alteration or variance requests and +for review of plumbing system plans and specifications; changing the program for+ testing infants for metabolic errors to the program for testing infants for +heritable and congenital disorders, requiring commissioner appointment of an +advisory committee; modifying the penalties for breach of contract under the +national health services corps state loan repayment program; establishing a +health professional education loan forgiveness program for certain medical practitioners agreeing to practice in underserved urban communities +and modifying the dentists loan forgiveness program for programs +equivalency purposes; expanding the provision prohibiting the deposit of sewage +or other matter impairing the healthfulness of domestic use water supplies +into ponds or streams to deposit in areas leaching into groundwater and granting +the commissioner access to and release of certain pesticide records to +determine appropriate medical care for exposed individuals and to evaluate a +possible public health threat, restricting further disclosure; providing for +the effectiveness of the tobacco use prevention and local public health +endowment fund and modifying certain local public health promotion and +protection funding requirements; eliminating the authority of patients in chemical +dependency treatment or mental health programs to smoke under the clean indoor +air act and prohibiting patients, staff, guests or visitors on the grounds of or +in state regional treatment centers, the Minnesota security hospital, the +Minnesota sex offender program or the Minnesota extended treatment options program +from possessing or using tobacco or tobacco related devices; increasing +certain license and training program fees charged by the emergency medical +services regulatory board and modifying the distribution of the EMS fund; +requiring information on all federal drug administration (FDA) approved methods+ of contraception including natural family planning to be offered to +women before performing abortions; imposing certain additional fees on the +registration of speech language pathologists and audiologists and modifying certain +fee requirements for occupational therapists and hearing instrument +dispensers; specifying certain reference and cross reference deletion +instructions to the revisor of statutes; repealing the health technology advisory +committee, the health data institute, the free inborn metabolic errors testing +program, certain loan forgiveness and education grant programs for certain +medical professionals and nursing facility transition planning and long term +care innovations in quality demonstration grants and certain rules +relating to certain loan forgiveness programs ARTICLE 4 � LONG TERM CARECreating an exception to the nursing home bed moratorium to add a +certain number of beds to an existing facility in St. Louis county under +certain conditions; increasing the nursing home license surcharge, +authorizing reduction and subsequent restoration by the commissioner of human +services; extending the deadline for enrollment of nursing homes in the medical assistance (MA) program; modifying the alternative care program and +certain nursing facility reimbursement provisions under medical assistance +and continuing the suspension of the automatic rate adjustment provision +under the nursing home contractual alternative payment demonstration project; +authorizing a certain nursing facility voluntarily delicensing beds without a closure plan to assign a planned closure medical assistance +reimbursement rate adjustment to a certain other nursing facility under common ownership and prohibiting the commissioner from rescinding the rate +adjustments to the facilities with the lowest rates in the development region; +modifying certain provisions under the group residential housing (GRH) act; +specifying certain internal cross reference deletion instructions to the revisor+ of statutes; repealing the seniors agenda for independent living (SAIL) +project and the requirement for the commissioner to plan and develop +community based services upon nursing home voluntary closures ARTICLE 5 � CONTINUING CARE FOR PERSONS WITH DISABILITIESModifying the family support program for persons with children with +mental retardation, expanding the program to families with children with +disabilities; placing certain limits on the consumer support program for +individuals with functional limitations; imposing an annual surcharge per licensed bed+ on intermediate care facilities for persons with mental retardation and +related conditions and specifying a payment schedule; modifying certain +qualification requirements for relocation targeted case management providers under +medical assistance (MA); providing medical assistance coverage for personal +care assistant services of licensed social workers, modifying the +definition of responsible party for coverage purposes, eliminating coverage for +certain services provided by relatives and modifying certain requirements for+ flexible use of personal care assistant hours; extending the time limit for +face to face nursing facility admission assessment of individuals under a certain +age following a telephone screening admission; authorizing the +commissioner of human services and the White Earth Indian reservation to develop a +model for tribal management of the elderly waiver program and to implement the +model through a contract between the state and the reservation; authorizing+ nursing facilities to meet the requirement for advance notice of rate changes+ to private paying residents by informing the residents or persons +responsible for payments on or before the effective date of the increase under +certain conditions relating to failure of the state to set rates by the +required deadline; increasing the total operating payment rate for ICF/MR +facilities for license surcharge reimbursement purposes; authorizing the +commissioner to designate a certain number of beds in ICF/MR facilities statewide to +provide crisis respite for medically fragile individuals; requiring the +commissioner to allow a certain existing ICF/MR in Goodhue county to be converted to +a certain number of separately licensed or certified cottages serving a certain+ number of children; specifying certain internal cross reference deletion +instructions to the revisor of statutes; repealing the individual service plan under +the family support program, the region 10 quality assurance project, temporary +ICF/MR rate adjustments to address occupancy and access and a certain requirement+ for the commissioner to fund the establishment of public guardianship +alternatives by county agencies ARTICLE 6 � OCCUPATIONAL LICENSINGModifying certain requirements for the licensing of alcohol and drug +counselors by the commissioner of health and requiring and providing for the +licensing and regulation of denturists and the practice of denturism by the board +of dentistry; repealing certain rules providing for the licensing of +alcohol and drug counselors ARTICLE 7 � CHILDREN'S SERVICESAuthorizing family services or children's mental health +collaboratives to consolidate decision making, pool resources and collectively act on +behalf of individual collaboratives upon agreement among the participating collaboratives; creating an exception to the hospital construction +moratorium for a certain number of psychiatric facilities or units for children +approved by the commissioner of human services; requiring and providing for +county boards to provide for mental health screening of certain children +receiving certain protective services or under court jurisdiction; providing +medical assistance (MA) coverage for children's mental health crisis response+ services, children's therapeutic services and supports and subacute psychiatric+ care for persons under a certain age; eliminating medical assistance coverage +for certain residential services for children with severe emotional +disturbance; providing adoption assistance eligibility for certain Indian +children; requiring and providing for the juvenile court to provide for mental +health screening of children alleged or found to be delinquent, authorizing +use of the results in disposition decisions; requiring the commissioner of human+ services in conjunction with the commissioner of corrections to develop a plan+ to secure medical assistance funding for mental health related services +provided in out of home placement settings and report to the legislature by a certain+ date; specifying certain internal cross reference deletion instructions to +the revisor of statutes; repealing certain provisions and rules +providing medical assistance coverage for certain existing community and therapeutic +support services ARTICLE 8 � PROHIBITED TRANSFERS; LIENS; ESTATE CLAIMS Expanding the prohibition on uncompensated asset transfers for +medical assistance eligibility determination purposes; delaying the start of +the period of ineligibility for uncompensated transfers and modifying the +formula the number of months of ineligibility, providing a cause of action for +recovery of medical assistance received during ineligibility periods; restricting+ the homestead exception to the transfer prohibition and the transfer of nonhomestead assets; modifying certain provisions regulating medical +assistance claims against estates, providing for policy, applicability, purpose +and construction, removing the exclusion of alternative care payments, +providing for state agency filing of notices of potential claim and for +subsequent liens against real estate interests, establishing certain policies relating+ to survivors and providing for release; providing for the placement of +liens for medical assistance on life estates and joint tenancies and +alternative care liens on real property, coordinating the provisions with the +classification of creditors claims under the uniform probate code ARTICLE 9 � ADULT MENTAL HEALTH AND ALTERNATIVE PROGRAMS FOR +OFFENDERS WITH MENTAL ILLNESSRequiring counties to contract with providers willing to provide +mental health case management services under medical assistance (MA); providing +medical assistance coverage for certain medically necessary intensive +rehabilitative mental health services subject to federal approval, specifying +certain eligibility requirements and certain standards for residential and nonresidential services providers; providing medical assistance +coverage for physician assistants providing medication education services under +adult rehabilitative mental health services and modifying provider entity certification and certain provider staff qualification requirements, authorizing the acceptance of certain previous diagnostic assessments+ for initial implementation of adult rehabilitative mental health services+ until a certain date; providing for coverage of the services under certain +prepaid plans; providing for alternative placement for certain criminal +offenders with serious and persistent mental illness and for the establishment of +alternative living programs for certain offenders with mental illness by the +commissioner of corrections, specifying certain evaluation requirements; requiring+ the commissioner of human services to approve additional rule 36 licenses+ to accommodate alternative living programs for certain offenders with +mental illness under certain conditions and requiring applicants for +licensure of rule programs to provide alternative living programs to be given + special financing consideration and priority by the housing finance agency +(HFA) ARTICLE 10 � DEPARTMENT OF HUMAN SERVICES MISCELLANEOUSRequiring the commissioner of human services to obtain federal +financial participation for eligible activity by the ombudsman for mental +health and mental retardation; modifying certain human services programs license+ fee requirements, prohibiting the commissioner from issuing licenses or certifications before the payment of required fees; authorizing the commissioner to temporarily issue adult foster care licenses with a +certain additional capacity under certain conditions; regulating the use of +cribs in licensed child care settings, requiring the commissioner to maintain +a link from the licensing division web site to the federal consumer product +safety commission web site addressing crib safety information; modifying +certain requirements for parental contributions to the cost of services to children with mental retardation; exempting treatment facilities +holding persons under civil commitment emergency admission for detoxification from certain +release notice requirements upon determination of the nonintoxicated status of the persons held; +requiring and providing for payment for services by counties and other entities +using the Minnesota merit system, exception, providing for withdrawal of +counties with personnel systems meeting federal merit system requirements from the +state system; establishing hearing and appeal procedures for certain human +services matters; providing for increased adult foster care capacity to serve+ persons with mental retardation, federal waiver requirement; requiring the +commissioner to obtain federal financial participation for eligible activity by +the ombudsperson for families; expanding the definition of agency under +the adoption assistance program to Minnesota federally recognized Indian +tribes; requiring the commissioner to seek federal funding to participate in +grant activities authorized under the federal ticket to work and work +incentives improvement act of 1999 to maintain the independence and employment +of workers with potentially severe physical or mental impairments; repealing the expiration date of the council on disability ARTICLE 11 � PROGRAMS AND FUNDING TRANSFERRED FROM THE DEPARTMENT OF +CHILDREN, FAMILIES AND LEARNINGModifying certain provisions relating to the determination of +eligibility for child care assistance, requiring a parent fee under the sliding fee +scale and specifying certain provider requirements, establishing the +reimbursement rate for legal nonlicensed family child care providers, expanding the +duties of child care resource and referral programs, the membership +representation requirements for the statewide advisory task force and fraud +disqualification provisions to child care assistance and modifying the parent fee +schedule; repealing the at home infant care program and a certain annual child +care report requirement of the commissioner of children, families and +learning ARTICLE 12 � APPROPRIATIONSAppropriating money to the commissioner of human services for agency management, for revenue and pass through of federal temporary +assistance for needy families funds, for children's services grants including +adoption assistance and fetal alcohol spectrum disorder (FASD) programs and +services, for child care services management, for health care grants, for the prescription drug program, for health care management, policy +administration and operations, for state operated services, for continuing care +grants including the seniors agenda for independent living (SAIL), mental +health counseling for farm families and certain compulsive gambling +programs, for community support grants, for medical assistance (MA) long term care facilities, home care alternative care, group residential housing +(GRH) and chemical dependency grants, for continuing care management, for the +Minnesota family investment program (MFIP), for economic support grants, +management and policy administration and for child support enforcement, general +assistance (GA), Minnesota supplemental aid (MSA) and refugee services grants, +to the commissioner of children, families and learning for child care +programs and development, for economic opportunity grants, for food shelf programs+ and for family assets for independence, to the commissioner of health for +health improvement, for health quality and access, for transfer to the CFL commissioner for regional training sites for HIV/STI education in +schools and for management and support services, to the veterans homes, emergency+ medical services (EMS) regulatory and health related licensing boards, to the+ council on disability and to the ombudspersons for mental health and mental +retardation and for families; specifying certain funds deposit requirements; +authorizing, requiring or providing for certain fund transfers; limiting certain expenditures and carryovers; restricting TANF expenditure reports and+ requiring and providing for the commissioner of human services to meet certain +federal TANF maintenance of effort requirements; shifting payments to +counties for certain developmental disabilities grants; increasing the capitation +rate under the medical assistance prepayment demonstration project; specifying +certain requirements for out of home placements; providing for updating to +federal poverty guidelines for basic health care grants eligibility purposes;+ providing for managed care rate increases; delaying certain payments to medical assistance and general assistance medical care (GAMC) providers; +modifying certain prepaid medical programs funding requirements; providing for +the restructuring of state operated and adult mental health services; +requiring and providing for certain rate and allocation reductions for continuing +care programs; requiring a commissioner of human services centers for +independent living study; requiring the commissioner to reduce the growth in the +MR/RC waiver and to manage the growth in the TBI waiver; delaying +implementation of the targeted case management benefit for home care recipients and of +the common service menu option within the home and community based waiver; +requiring the commissioner to set the monthly standard of assistance for certain +general assistance units; prohibiting reimbursement of retailers for +electronic benefit transfer transaction costs; providing for the availability of certain appropriations; prohibiting the commissioners of health and human +services from using indirect cost allocations to pay for program operational costs; sunsetting uncodified language; repealing a certain obsolete TANF/MOE requirementARTICLE 13 � HEALTH AND HUMAN SERVICES FORECAST ADJUSTMENTS Making certain adjustments to appropriations to the commissioners of +human services and health for certain health and human services programsARTICLE 14 � DEPARTMENT OF HUMAN SERVICES HEALTH CARE POLICY +AMENDMENTSRequiring the commissioners of health and human services to biennially report to the legislature on the status of the+ full range of long term care services for the elderly, specifying certain +report content requirements; making certain technical corrections in certain+ human services licensing, medical assistance (MA) and MinnesotaCare +provisions; modifying and clarifying a certain provision providing for the +assignment of medical assistance benefits to medical support and third party +payments; authorizing the commissioner of human services to suspend or +terminate vendor participation in the medical assistance program without providing +advance notice and the opportunity for hearing upon vendor exclusion from +participation in medicare, specifying certain subsequent notice requirements; +removing a certain provision relating to the assignment of benefits under +general assistance medical care (GAMC) and the effect on benefits paid under +automobile accident and private health care coverage to comply with federal law;+ requiring petitions alleging a child to be in need of protection or services to+ state the efforts of the responsible social services agency to finalize a plan +for permanent placement; requiring a certain report on long term care +services to address strategies for increasing the purchase of long term care +insurance and feasibility of offering government or private sector loans or lines +of credit to senior citizens for the purchase of long term care services; +repealing the senior drug discount program, a certain obsolete reporting +requirement of the commissioners of health and human services on long term care for the +elderly, a certain requirement for the commissioner of human services to monitor+ and analyze the distribution of older adult services and a certain +annual reporting requirement of the commissioner on the cost of increasing +the income standard and provider rates under medical assistance based on +inflation and certain obsolete rules regulating certain services for older adultsARTICLE 15 � CHILD SUPPORT FEDERAL COMPLIANCERequiring the department of public safety to disclose social security+ numbers in drivers license and motor vehicle registration records to the +department of natural resources (DNR) for license application administration +purposes and requiring applicants for noncommercial game and fish licenses and +applicants for all identification cards, drivers licenses or instruction permits to provide social security numbers on application forms, requiring certification by applicants without +social security numbers; classifying the data obtained by the commissioner +of natural resources through game and fish license applications, requiring +provision to the department of human services for child support enforcement +purposes in accordance with federal law; prohibiting the display, encrypting or +encoding of applicant social security numbers on drivers licenses or ID cards; +modifying certain provisions relating to occupational and drivers license +suspension for child support enforcement purposes for procedure consistency +purposes; modifying certain administration requirements for federal funds +received for access and visitation programs, authorizing the commissioner of human+ services to distribute the funds on a competitive basis and requiring the +commissioner to monitor, evaluate and report on access and visitation programs in +compliance with applicable regulations ARTICLE 16 - CRIMINAL JUSTICE APPROPRIATIONS AND POLICY PROVISIONS Appropriating money to the commissioner of corrections for +correctional institutions and juvenile and community services including grants to +counties to assist in incarcerating short term offenders and grants for +restorative justice programs and for operations support, to the board of public +defense and to the sentencing guidelines commission; requiring the commissioner +to charge a per diem under contracts to rent beds in the Rush City correctional +facility for state correctional system operation purposes, prohibiting use for+ the faith based prerelease program; expanding the authority of the commissioner+ to double bunk inmates, requiring correctional institutions classified as +custody level five to permit multiple occupancy not to exceed facility +infrastructure and programming space limits; regulating the frequency of meals provided +to inmates in state correctional facilities; increasing the surcharge on +criminal and traffic offenders collected by district court administrators and +providing for disbursement; requesting the supreme court to temporarily impose a +surcharge on attorney license renewals to support the public defender system; +requiring felony inmates with a remaining term of imprisonment of a certain +number of days or less to serve the remainder of the term at a workhouse, work +farm, county jail or other local correctional facility, defining remaining +term of imprisonment; requiring probation officers to provide to the court +before sentencing hearings jail credit determinations; expanding the crime +of fourth degree assault to assault of community crime prevention group members+ engaged in neighborhood patrol, defining community crime prevention group; +authorizing and providing for the state public defender to investigate decisions,+ acts and other matters of the department of corrections to promote the highest attainable standards of competence, efficiency and justice in +corrections administration and granting the office certain powers, prohibiting +certain actions against the state public defender or staff members and +providing for selection of matters for investigation; requiring law enforcement +agencies and prosecuting authorities in first class cities to notify requesting +community crime prevention groups of the outcome of criminal investigations and proceedings; repealing the office of ombudsman for corrections (mk, ja)