Relating to human services ARTICLE 1 � HUMAN SERVICESAuthorizing the commissioner of human services to provide liability +insurance for licensed providers of family adult day services; defining or +redefining certain terms; modifying certain exemptions from human services +licensing requirements; clarifying the authority of the commissioner to +sanction unlicensed programs; requiring applicants for licensure with +headquarters outside the state to operate a program office in the state; requiring+ applicant or license holder policies prohibiting employees, subcontractors and +volunteers from abusing prescription medication or being under the influence of +chemicals impairing the ability to provide services or care and specifying +certain training requirements; requiring a program grievance procedure +permitting persons served by the programs to bring grievances to the highest +level; clarifying the right of the commissioner to access program facilities+ and records; requiring license holders to notify and obtain approval of +the commissioner before making changes altering license information; +expanding the authority of the commissioner to deny licensure; specifying certain +additional requirements of residential programs handling resident funds and +property; providing for personal service of certain notices and reconsideration+ and appeal requests; expanding access by license holders to and modifying+ certain contested case or administrative hearing procedures; clarifying the +authority of the commissioner to order temporary immediate license suspensions;+ requiring the licensing of community collaborative child care providers +providing special family day care as nonresidential programs; specifying certain +licensing standards for family adult day services; modifying the independent +living assistance program for youth; modifying certain provisions providing +for licensed capacity for facility based day training and habilitation +services for persons with mental retardation and specifying and providing for +certain minimum staffing level requirements, requiring plans for responding +to and reporting incidents; clarifying the definition of serious +maltreatment for background studies purposes and clarifying and modifying certain +background studies requirements; expanding the requirement for the commissioner +to determine the need, location, size and program of public and private +day training and habilitation services; requiring local agencies +responsible for assessing or investigating child maltreatment reports to inform the +alleged offender at initial contact of the complaints or allegations against +the individual while protecting the rights of the person making the +report; requiring the commissioner to report to the legislature by a certain +date on the number of adult foster care, family adult day services, combined +adult foster care and family adult day services and adult day services +center licenses and capacities with changes in the number of licenses and +capacities between certain dates; specifying certain phrase insertion +instructions to the revisor of statutes; repealing certain rules regulating certain +residential and nonresidential services ARTICLE 2 � CORRECTIONS Clarifying certain background study requirements of the commissioner +of corrections ARTICLE 3 � MISCELLANEOUSRemoving personnel data on public employees relating to city and +county of residence from classification as public data; restricting the +disclosure of certain personnel data on employees of secure treatment or state +correctional facilities or of the department of corrections directly involved with supervision of offenders in the community; modifying certain accident+ and health insurance coverage requirements for dependents, requiring +nonprofit health service plan corporation contracts coverage of cleft lip and +palate for newborn infants; requiring pharmacists to disclose to purchasers the +costs of prescription drugs paid for or reimbursed by group purchasers, +prohibiting contracts between health plan companies and pharmacies from +prohibiting the disclosure; clarifying the provision prohibiting persons in state +correctional facilities or hospitals from possessing controlled substances or +intoxicating liquor; expanding the definition of mental health professional under +the adult mental health act to nurse practitioners and authorizing the +commissioner of human services to establish certain public private partnerships to +develop and provide more effective, efficient and accessible mental health +services; providing for continued availability of county case management +services for certain children with severe emotional disturbance over the age of +; requiring the commissioner of human services to create savings +accounts for patients receiving treatment in secure treatment facilities from a +portion of the patient share of the cost of care to be available upon transition+ of the patient into the community and to develop an employment option for +persons committed to sexual psychopathic personality treatment centers, +requiring earnings to be deposited in a productive day program account and +divided between the inmate and the center to reduce state costs; modifying +the definition of income for parental contribution responsibility for +the cost of services for children with mental retardation; defining +administrative restriction, safety and security under the civil commitment law and +providing for the right of patients to be free from unnecessary or excessive administrative restriction, authorizing the commissioner to limit the+ statutory rights of patients to ensure the safety and security of the treatment+ facility, staff, other patients and the public; authorizing the commissioner to+ conduct a demonstration program under a certain federal waiver to demonstrate +the impact of a single benefit level on the rate of permanency for children in +long term foster care and to contract directly with nonprofit organizations +providing homeless services to a certain number of counties; temporarily +expanding medical assistance (MA) coverage for certain pregnant women, infants +and children; clarifying the authority of counties to provide mental +health case management services under medical assistance; expanding medical +assistance coverage for rehabilitative mental health services; establishing an +additional priority category for home and community based waiver services under +medical assistance for certain persons with eliminated consumer support +grants; requiring the commissioner to expand the annual report required on +home and community based services to information on the county of residence +and financial responsibility, age and major diagnoses for persons +eligible for the waivers; providing for retroactive enrollment of infants born to +eligible women enrolled in the prepaid medical assistance program; expanding the qualifications for child welfare targeted case managers under the +Minnesota family preservation act to individuals certified by federally +recognized tribal governments within the state; clarifying the definition of foster +care for placement purposes and expanding certain permanent placement review requirements; modifying certain search requirements of county social +services agencies for children in placement, requiring immediate consideration+ of placement with a relative and the inclusion of both maternal and +paternal relatives of the child in foster care placement decisions, requiring +the commissioner to develop a best practices guide and specialized staff +training to assist the responsible social services agency in performing and +complying with relative search requirements; requiring the commissioner of +health in consultation with the department of employment and economic +development (DEED), the housing finance agency (HFA) and the department of human services+ to develop and evaluate the best strategies to reduce the number of +children endangered by lead paint; requiring the commissioner of human +services in consultation with interested stakeholders to evaluate the new +consumer directed community support option under the home and community based waiver +programs ARTICLE 4 � CHILD CARE; MINNESOTA FAMILY INVESMENT PLANTransferring the responsibility for child care assistance programs +from the commissioner of education to the commissioner of human services and +entitling diversionary work program participants to child care assistance; +requiring decreased funding allocations under certain conditions; authorizing +the commissioner of human services to develop and make available to +counties a child care addendum form to supplement combined or statewide +application forms for public assistance programs for families applying for public and +child care assistance; reinstating the at home infant child care program; +modifying certain parent fee requirements under the sliding fee scale; +requiring and providing for provider periodic reauthorization under the assistance +program; modifying the limit on the cost of services for county food stamp +employment and training programs under general assistance (GA), sunset; +modifying and clarifying the definition of qualified noncitizen and clarifying the +definition of shared household standard under the Minnesota family investment +program; modifying certain county agency referral and services determination +interview requirements; excluding county adoption assistance payments from +income for MFIP eligibility purposes; modifying the MFIP transitional standard; authorizing and providing for signed personal statements in lieu of +affidavits for information verification purposes; requiring and providing for +county agencies to convert unearned income received on a periodic basis to +monthly amounts; modifying a certain 60 month time limit notice requirement; +requiring county review of sanction status before denying hardship extensions; +providing alternative eligibility for hardship extensions for employed +participants and modifying the accrual of certain exempt months; imposing certain +sanctions on parents in extended two parent assistance units not complying with +certain employment and training service requirements; requiring +redetermination of eligibility for food support for families with closed financial +assistance cases; modifying the definition of employment and training service +provider; exempting applicants requesting and qualifying for a family violence +waiver from group overview attendance requirements; requiring the use of +employability assessments in determining participant qualification for a family +violence waiver, requiring a preference for activities relating to family +violence waivers in developing employment plans; modifying certain +requirements for approval of post-secondary education or training programs as an +activity in employment plans, authorizing the completion of approved employment +plans upon a return to MFIP under certain conditions; exempting certain +previously exempt employment and training services participants from certain employment+ and training services component requirements; modifying determination of +the base allocation of the consolidated fund to Indian tribes and the +allocation of performance base funds to counties and tribes; modifying certain DWP eligibility requirements; regulating DWP overpayments and +underpayments; requiring the commissioner of human services to transfer federal +funds received for child access and visitation programs to the FATHER project of Goodwill/Easter seals Minnesota, the Hennepin county African American+ men project and the Minnesota fathers and families network; requiring +counties to reserve the position of families receiving child care assistance or +on the basic sliding fee waiting list becoming temporarily ineligible for +assistance due to increased income from active military service upon +deactivation; repealing the child development education and training loan program administered by child care resource and referral programs and start +work grants under the food stamp program ARTICLE 5 � LONG TERM CARE Providing for the authorized use of profits derived from the +operation of wood shops at the Minnesota veterans homes; modifying adult foster care +license capacity for human services licensing purposes; clarifying medical +assistance (MA) coverage of skilled nursing facility services for persons +eligible for both medical assistance and medicare waiving the medicare skilled +nursing facility room and board benefit and enrolled in the medicare hospice +program; clarifying certain elderly waiver cost limits under medical +assistance and the disallowance of certain nursing facility enhanced payment rates +relating to closed facilities; designating certain nursing facilities as +metropolitan facilities for medical assistance reimbursement purposes; requiring +the commissioner of human services to issue requests for proposals for collaborative service models between counties and managed care +organizations to integrate the home and community based elderly waiver services and +additional nursing facility services into the prepaid medical assistance +program, requiring the commissioner to phase in implementation and to evaluate+ the models for statewide implementation selection purposes ARTICLE 6 � HEALTH CARERequiring health insurance coverage for ovarian cancer surveillance +tests for women at risk for the cancer; modifying certain provisions regulating+ joint self insurance employee health and disability benefit plans; +clarifying the right of individuals to participate in pharmaceutical, medical supply+ or medical device manufacturer, health plan company or pharmacy benefit +manager discount, price reduction, free supply or samples programs under +certain provisions prohibiting certain health care provider referral +conflicts of interest; authorizing the commissioners of health, commerce and human+ services to conduct routine audits and investigations of nonprofit health +service plan corporations, health maintenance organizations (HMO), community +integrated service networks (CISN) and managed care organizations operating +under medical assistance (MA), general assistance medical care (GAMC) or +MinnesotaCare respectively or to accept independent audit information from +qualified nationally recognized independent organizations using comparable or +more stringent audit procedures showing performance standards meeting or +exceeding state standards, authorizing use of findings of deficiency as the +basis for targeted audits or enforcement action; authorizing and providing for +health care purchasing alliances to provide coverage for seasonal employees,+ defining seasonal employee; modifying a certain requirement for swimming pools+ used for high school diving competitions; changing the birth defects registry +system to the Minnesota birth defects information system, requiring the +commissioner of health to establish and maintain an information system containing +data on the cause, treatment, prevention and cure of major birth defects and +developmental disabilities and regulating the dissemination of information in the +system to state or local government agencies inside or outside the state and to+ research entities; expanding the definition of health care facility for +residents health care directives execution authority purposes to licensed adult foster+ care facilities; modifying certain duties of the commissioner of human +services relating to first call Minnesota, requiring designation of community information and referral call centers; modifying eligibility under +the prescription drug program or the purchasing alliance stop loss fund +relating to eligibility for general assistance medical care; limiting copayments +under GAMC for nonpreventive office visits, eyeglasses and nonemergency visits +to hospital based emergency rooms; modifying the patient services provided by +hospitals, surgical centers or health care providers for MinnesotaCare gross +earnings tax imposition purposes, excluding certain home and community based +waivered, targeted case management and long term care services from the tax; +modifying certain exemptions from gross revenues subject to the health care +provider tax; requiring the annual transfer of a certain amount of the +appropriation to the commissioner of health for fetal alcohol spectrum (FAS) disorder +administration and grants to a statewide organization focusing solely on prevention +of and intervention with fetal alcohol spectrum disorder, requiring use for +prevention and intervention services and programs, authorizing the organization +to retain a certain percentage of the transferred money for administrative +costs and requiring an annual report to the commissioner on the services and +programs funded; requiring the commissioner of human services to amend a +certain rule to expand the definition of legal representative to health care agents +appointed under health care powers of attorney to make health care decisions; +requiring the commissioners of human services, health and commerce to meet with representatives of health plan companies and hospitals to evaluate +reporting requirements and develop recommendations for reducing required +reports, requiring a report to the legislature by a certain date; authorizing +an additional transfer of funds from the university of Minnesota to the +academic health center upon approval of the commissioners of human services, +health and finance; repealing the revenue fee payment requirement of joint self +insurers ARTICLE 7 � HEALTH CARE COST CONTAINMENTClarifying copayment, coinsurance, deductible and other enrollee cost+ sharing requirements for health insurance coverage for scalp hair prostheses;+ requiring state agencies to encourage the adoption of best practice guidelines +and participation in best practices measurement activities by physicians,+ other health care providers and health plan companies to reduce health care+ costs, requiring and providing for the commissioner of health to facilitate +access to best practice guidelines and quality of care measurement information +to providers, purchasers and consumers and the commissioners of health, +human services and employee relations (DOER) to report to the legislature +by a certain date on the status of best practices and quality of care +initiatives; requiring health care provider disclosure to consumers of payments +for health care services; authorizing and providing for health plan company +electronic transmission of data to enrollees under certain conditions; +authorizing the board of medical practice to conduct final interviews of applicants +applying for licensure to practice medicine by endorsement or reciprocity by teleconference; requiring the commissioner of human services to implement disease +management initiatives under medical assistance (MA) and general assistance +medical care (GAMC) for recipients not enrolled in prepaid programs to improve +patient care and health outcomes and reduce health care costs and report to the +legislature by a certain date; requiring the commissioner of health to convene an electronic health record planning and implementation work group to +study certain issues relating to electronic health records and standards +and report to the legislature by a certain date; repealing the requirement for +health plans to provide coverage for autologous bone marrow transplants for +the treatment of breast cancer(Ch. 288, 2004)