HF 2436

3rd Engrossment - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to health; providing for public health 
  1.3             emergencies; regulating public employees group 
  1.4             long-term care insurance; amending Minnesota Statutes 
  1.5             2002, sections 12.03, subdivision 4d; 12.39, 
  1.6             subdivision 2; 43A.318, subdivisions 1, 2; 144.419, 
  1.7             subdivision 1; 144.4195, subdivisions 1, 2, 3, 5; 
  1.8             Minnesota Statutes 2003 Supplement, section 13.37, 
  1.9             subdivision 3; proposing coding for new law in 
  1.10            Minnesota Statutes, chapters 12; 144; repealing Laws 
  1.11            2002, chapter 402, section 21. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 12.03, 
  1.14  subdivision 4d, is amended to read: 
  1.15     Subd. 4d.  [FACILITY.] "Facility" means any real property, 
  1.16  building, structure, or other improvement to real property or 
  1.17  any motor vehicle, rolling stock, aircraft, watercraft, or other 
  1.18  means of transportation.  Facility does not include a private 
  1.19  residence but may include a licensed health care facility only 
  1.20  when other alternatives are not feasible. 
  1.21     Sec. 2.  Minnesota Statutes 2002, section 12.39, 
  1.22  subdivision 2, is amended to read: 
  1.23     Subd. 2.  [INFORMATION GIVEN.] Where feasible, Before 
  1.24  performing examinations, testing, treatment, or vaccination of 
  1.25  an individual under subdivision 1, a health care provider shall 
  1.26  notify the individual of the right to refuse the examination, 
  1.27  testing, treatment, or vaccination, and the consequences, 
  1.28  including isolation or quarantine, upon refusal.  
  2.1      Sec. 3.  [12.60] [DEFINITIONS.] 
  2.2      Subdivision 1.  [APPLICABILITY.] For purposes of sections 
  2.3   12.60 to 12.64, the definitions in this section apply. 
  2.4      Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  2.5   commissioner of health. 
  2.6      Subd. 3.  [DIRECTOR.] "Director" means the director of the 
  2.7   Division of Homeland Security and Emergency Management. 
  2.8      Subd. 4.  [EMERGENCY PLAN.] "Emergency plan" includes: 
  2.9      (1) any plan for managing a public health emergency 
  2.10  developed by the commissioner or a local public health official; 
  2.11     (2) any plan for managing a public health emergency 
  2.12  developed by one or more hospitals, clinics, nursing homes, 
  2.13  health care plans, or other parts of the health care system and 
  2.14  approved by the commissioner or a local public health official 
  2.15  in consultation with the director or local emergency management 
  2.16  officials; or 
  2.17     (3) any provision for assistance by out-of-state responders 
  2.18  under an interstate or international compact, including, but not 
  2.19  limited to, the Emergency Management Assistance Compact. 
  2.20     Subd. 5.  [LOCAL GOVERNMENT.] "Local government" means: 
  2.21     (1) a board of health established under section 145A.03 or 
  2.22  145A.07; or 
  2.23     (2) a city, county, or other municipal or public 
  2.24  corporation or any instrumentality thereof. 
  2.25     Subd. 6.  [PUBLIC HEALTH EMERGENCY RESPONDER OR 
  2.26  RESPONDER.] "Public health emergency responder" or "responder" 
  2.27  means a person or organization that provides health care or 
  2.28  health services including, but not limited to, a physician, 
  2.29  physician assistant, registered or other nurse, certified 
  2.30  nursing assistant, or other applicable staff position within a 
  2.31  health care provider organization; pharmacist; chiropractor; 
  2.32  dentist; emergency medical technician; laboratory technician; 
  2.33  firefighter or another registered as a first responder; mental 
  2.34  health professional; hospital; nursing facility, boarding care 
  2.35  facility, home health care agency, or other long-term care 
  2.36  provider; medical or dental clinic; and medical laboratory and 
  3.1   including, but not limited to, ambulance service personnel and 
  3.2   dispatch services and a person not registered as a first 
  3.3   responder but who is affiliated with a medical response unit and 
  3.4   is dispatched to the scene of an emergency by a public safety 
  3.5   answering point or licensed ambulance service. 
  3.6      Subd. 7.  [STATE.] "State" means the state of Minnesota or 
  3.7   any of its agencies, departments, boards, or commissions. 
  3.8      Subd. 8.  [VOLUNTEER.] "Volunteer" means an individual that 
  3.9   offers services to state or local government without expectation 
  3.10  of compensation from the state or local government.  A volunteer 
  3.11  may receive lodging, meal, and transportation expenses 
  3.12  incidental to the services, or per diem payments intended to 
  3.13  approximate such expenses, without loss of volunteer status. 
  3.14     Sec. 4.  [12.61] [LIABILITY PROTECTION FOR PUBLIC HEALTH 
  3.15  VOLUNTEERS.] (a) The policy of the state is to encourage 
  3.16  preparation for and response to a catastrophic public health 
  3.17  emergency by all citizens, especially those trained in health 
  3.18  care and related fields. 
  3.19     (b) A volunteer shall have the same liability protection 
  3.20  and right to defense and indemnification as a paid employee of 
  3.21  the local government or of the state if the volunteer: 
  3.22     (1) registers with and is accepted by a local government or 
  3.23  the state to assist in a future or existing public health 
  3.24  emergency; 
  3.25     (2) acts at the express or implied request of the local 
  3.26  government or the state; 
  3.27     (3) acts within the scope of duties approved by the local 
  3.28  government or the state and within the volunteer's limits of 
  3.29  training and skills; 
  3.30     (4) cooperates with the local government or the state in 
  3.31  the defense or prosecution of any administrative or legal action 
  3.32  arising out of the volunteer's work; and 
  3.33     (5) has not acted, or failed to act, in a manner 
  3.34  constituting willful misconduct, gross negligence, or reckless 
  3.35  disregard for the life or health of those in the volunteer's 
  3.36  care. 
  4.1      (c) This section applies to volunteer activity both during 
  4.2   a public health emergency and during training or other 
  4.3   preparations directed to readiness for such an emergency. 
  4.4      Sec. 5.  [12.62] [TORT ACTION AGAINST A VOLUNTEER.] 
  4.5      (a) In the case of a local government volunteer, the 
  4.6   exclusive cause of action for any tort claim brought against a 
  4.7   volunteer who satisfies the requirements of section 12.61 is an 
  4.8   action under chapter 466 against the local government only. 
  4.9      (b) In the case of a state volunteer, the exclusive cause 
  4.10  of action for any tort claim brought against a volunteer who 
  4.11  satisfies the requirements of section 12.61 is an action under 
  4.12  section 3.736 against the state only. 
  4.13     (c) No tort action is permitted against a volunteer in an 
  4.14  individual capacity, or the volunteer's personal insurance 
  4.15  coverage, when the volunteer satisfies the requirements of 
  4.16  section 12.61. 
  4.17     (d) For any action brought under this section, the single 
  4.18  occurrence limit of sections 3.736, subdivision 4, and 466.04, 
  4.19  subdivision 1, applies to a volunteer's alleged action or 
  4.20  failure to act and not to the public health emergency. 
  4.21     (e) For any action brought under this section, the doctrine 
  4.22  of vicarious official immunity shall not apply. 
  4.23     Sec. 6.  [12.63] [RESPONDER LIABILITY LIMITATION; HOSPITAL 
  4.24  CAPACITY EXCEEDED.] 
  4.25     For purposes of this section, "regional hospital system" 
  4.26  means all hospitals in one of the hospital bioterrorism 
  4.27  preparedness program geographic regions of the state set forth 
  4.28  in the most recent hospital preparedness plan available on the 
  4.29  Minnesota Department of Health Web site at 
  4.30  www.health.state.mn.us/oep.  During a national security 
  4.31  emergency or a peacetime emergency due to a public health 
  4.32  emergency declared under section 12.31, the governor may issue 
  4.33  an emergency executive order upon finding that the number of 
  4.34  seriously ill or injured persons exceeds the emergency capacity 
  4.35  of one or more regional hospital systems and that care has to be 
  4.36  given in temporary facilities.  A responder in any impacted 
  5.1   region acting consistent with an emergency plan is not liable 
  5.2   for any civil damages as a result of good faith acts or 
  5.3   omissions by that responder in rendering emergency care, advice, 
  5.4   or assistance during the effective period of the emergency 
  5.5   executive order.  
  5.6      Sec. 7.  [12.64] [EMERGENCY VACCINE ADMINISTRATION AND 
  5.7   LEGEND DRUG DISPENSING.] 
  5.8      Notwithstanding any provision of law or rule to the 
  5.9   contrary, when the governor has declared, under section 12.31, a 
  5.10  national security emergency or a peacetime emergency due to a 
  5.11  public health emergency, the commissioner may authorize any 
  5.12  person, including, but not limited to, any person licensed or 
  5.13  otherwise credentialed under chapters 144E, 147 to 148, 150A, 
  5.14  151, 153, or 156, to administer vaccinations or dispense legend 
  5.15  drugs if the commissioner determines that such action is 
  5.16  necessary to protect the health and safety of the public.  The 
  5.17  authorization shall be in writing and shall contain the 
  5.18  categories of persons included in the authorization, any 
  5.19  additional training required before performance of the 
  5.20  vaccination or drug dispensing by such persons, any supervision 
  5.21  required for performance of the vaccination or drug dispensing, 
  5.22  and the duration of the authorization.  The commissioner may, in 
  5.23  writing, extend the scope and duration of the authorization as 
  5.24  the emergency warrants.  Any person licensed or otherwise 
  5.25  credentialed under chapters 144E, 147 to 148, 150A, 151, 153, or 
  5.26  156 shall not be subject to criminal liability, administrative 
  5.27  penalty, professional discipline, or other administrative 
  5.28  sanction because the person acted outside the scope of 
  5.29  activities allowed under the person's license or other 
  5.30  credential in good faith performance of vaccination or drug 
  5.31  dispensing duties assigned under this section.  
  5.32     Sec. 8.  Minnesota Statutes 2003 Supplement, section 13.37, 
  5.33  subdivision 3, is amended to read: 
  5.34     Subd. 3.  [DATA DISSEMINATION.] (a) Crime prevention block 
  5.35  maps and names, home addresses, and telephone numbers of 
  5.36  volunteers who participate in community crime prevention 
  6.1   programs may be disseminated to volunteers participating in 
  6.2   crime prevention programs.  The location of a National Night Out 
  6.3   event is public data.  
  6.4      (b) A government entity engaged in or temporarily assisting 
  6.5   with emergency preparedness or response may make any data 
  6.6   classified as security information under subdivision 1, 
  6.7   paragraph (a), accessible to another government entity or to a 
  6.8   private person or organization engaged in or temporarily 
  6.9   assisting with emergency preparedness or response, an agency or 
  6.10  political subdivision of another state or country, a federal 
  6.11  agency, an international organization, or a tribal authority if 
  6.12  the disclosing government entity determines that granting the 
  6.13  access will aid public health, promote public safety, assist law 
  6.14  enforcement, or otherwise reduce risk to the security of 
  6.15  information, possessions, individuals, or property.  
  6.16     Sec. 9.  Minnesota Statutes 2002, section 43A.318, 
  6.17  subdivision 1, is amended to read: 
  6.18     Subdivision 1.  [DEFINITIONS.] (a)  [SCOPE.] For the 
  6.19  purposes of this section, the terms defined have the meaning 
  6.20  given them. 
  6.21     (b)  [ADVISORY COMMITTEE; COMMITTEE.] "Advisory committee" 
  6.22  or "committee" means the committee created under subdivision 3. 
  6.23     (c)  [COMMITTEE MEMBER; MEMBER.] "Committee member" or 
  6.24  "member" means a person serving on the advisory committee 
  6.25  created under subdivision 3. 
  6.26     (d)  [ELIGIBLE PERSON.] "Eligible person" means: 
  6.27     (1) a person who is eligible for insurance and benefits 
  6.28  under section 43A.24, or for insurance and benefits provided to 
  6.29  employees of a political subdivision of this state; 
  6.30     (2) a person who at the time of separation from employment 
  6.31  was eligible to purchase coverage at personal expense under 
  6.32  section 43A.27, subdivision 3, regardless of whether the person 
  6.33  elected to purchase this coverage; 
  6.34     (3) a spouse of a person described in clause (1) or (2), 
  6.35  regardless of the enrollment status in the program of the person 
  6.36  described in clause (1) or (2); or 
  7.1      (4) a parent of a person described in clause (1), 
  7.2   regardless of the enrollment status in the program of the person 
  7.3   described in clause (1); or 
  7.4      (5) a parent of a person described in clause (3). 
  7.5      (e)  [PROGRAM.] "Program" means the statewide public 
  7.6   employees long-term care insurance program created under 
  7.7   subdivision 2. 
  7.8      (f)  [QUALIFIED VENDOR.] "Qualified vendor" means an entity 
  7.9   licensed or authorized to underwrite, provide, or administer 
  7.10  group long-term care insurance benefits in this state. 
  7.11     Sec. 10.  Minnesota Statutes 2002, section 43A.318, 
  7.12  subdivision 2, is amended to read: 
  7.13     Subd. 2.  [PROGRAM CREATION; GENERAL PROVISIONS.] (a) The 
  7.14  commissioner may administer a program to make long-term care 
  7.15  coverage available to eligible persons.  The commissioner may 
  7.16  determine the program's funding arrangements, request bids from 
  7.17  qualified vendors, and negotiate and enter into contracts with 
  7.18  qualified vendors.  The commissioner shall request new bids from 
  7.19  qualified vendors whenever additional groups of persons are made 
  7.20  eligible for coverage.  Contracts are not subject to the 
  7.21  requirements of section 16C.16 or 16C.19.  Contracts must be for 
  7.22  a uniform term of at least one year, but may be made 
  7.23  automatically renewable from term to term in the absence of 
  7.24  notice of termination by either party.  The program may not be 
  7.25  self-insured until the commissioner has completed an actuarial 
  7.26  study of the program and reported the results of the study to 
  7.27  the legislature and self-insurance has been specifically 
  7.28  authorized by law. 
  7.29     (b) The program may provide coverage for home, community, 
  7.30  and institutional long-term care and any other benefits as 
  7.31  determined by the commissioner.  Coverage is optional.  The 
  7.32  enrolled eligible person must pay the full cost of the coverage. 
  7.33     (c) The commissioner shall promote activities that attempt 
  7.34  to raise awareness of the need for long-term care insurance 
  7.35  among residents of the state and encourage the increased 
  7.36  prevalence of long-term care coverage.  These activities must 
  8.1   include the sharing of knowledge gained in the development of 
  8.2   the program. 
  8.3      (d) The commissioner may employ and contract with persons 
  8.4   and other entities to perform the duties under this section and 
  8.5   may determine their duties and compensation consistent with this 
  8.6   chapter. 
  8.7      (e) The benefits provided under this section are not terms 
  8.8   and conditions of employment as defined under section 179A.03, 
  8.9   subdivision 19, and are not subject to collective bargaining. 
  8.10     (f) The commissioner shall establish underwriting criteria 
  8.11  for entry of all eligible persons into the program.  Eligible 
  8.12  persons who would be immediately eligible for benefits may not 
  8.13  enroll. 
  8.14     (g) Eligible persons who meet underwriting criteria may 
  8.15  enroll in the program upon hiring and at other times established 
  8.16  by the commissioner.  The commissioner must, in any written 
  8.17  communication to "eligible persons" about participation in the 
  8.18  program, provide the following disclosure:  "NOTICE:  YOU SHOULD 
  8.19  SHOP AND OBTAIN INFORMATION ABOUT OTHER LONG-TERM CARE INSURANCE 
  8.20  POLICIES SOLD BY INSURANCE COMPANIES THAT MAY PROVIDE MORE 
  8.21  FAVORABLE COVERAGE AND RATES THAN THE PUBLIC EMPLOYEES 
  8.22  PROGRAM."  The commissioner must also include in the written 
  8.23  communication consumer education information about the long-term 
  8.24  care insurance marketplace including the names of other private 
  8.25  insurers licensed to sell long-term care insurance in 
  8.26  Minnesota.  The word "Notice" must be in 14-point type and the 
  8.27  text of the notice must be in 10-point type. 
  8.28     (h) An eligible person enrolled in the program may continue 
  8.29  to participate in the program even if an event, such as 
  8.30  termination of employment, changes the person's employment 
  8.31  status. 
  8.32     (i) Participating public employee pension plans and public 
  8.33  employers may provide automatic pension or payroll deduction for 
  8.34  payment of long-term care insurance premiums to qualified 
  8.35  vendors contracted with under this section. 
  8.36     (j) The premium charged to program enrollees must include 
  9.1   an administrative fee to cover all program expenses incurred in 
  9.2   addition to the cost of coverage.  All fees collected are 
  9.3   appropriated to the commissioner for the purpose of 
  9.4   administrating the program. 
  9.5      Sec. 11.  Minnesota Statutes 2002, section 144.419, 
  9.6   subdivision 1, is amended to read: 
  9.7      Subdivision 1.  [DEFINITIONS.] For purposes of this section 
  9.8   and section 144.4195 sections 144.419 to 144.4196, the following 
  9.9   definitions apply: 
  9.10     (1) "bioterrorism" means the intentional use of any 
  9.11  microorganism, virus, infectious substance, or biological 
  9.12  product that may be engineered as a result of biotechnology, or 
  9.13  any naturally occurring or bioengineered component of any such 
  9.14  microorganism, virus, infectious substance, or biological 
  9.15  product, to cause death, disease, or other biological 
  9.16  malfunction in a human, an animal, a plant, or another living 
  9.17  organism in order to influence the conduct of government or to 
  9.18  intimidate or coerce a civilian population; 
  9.19     (2) "communicable disease" means a disease caused by a 
  9.20  living organism or virus and believed to be caused by 
  9.21  bioterrorism or a new or novel or previously controlled or 
  9.22  eradicated infectious agent or biological toxin that can be 
  9.23  transmitted person to person and for which isolation or 
  9.24  quarantine is an effective control strategy, excluding a disease 
  9.25  that is directly transmitted as defined under section 144.4172, 
  9.26  subdivision 5; 
  9.27     (3) "isolation" means separation, during the period of 
  9.28  communicability, of a person infected with a communicable 
  9.29  disease, in a place and under conditions so as to prevent direct 
  9.30  or indirect transmission of an infectious agent to others; and 
  9.31     (4) "quarantine" means restriction, during a period of 
  9.32  communicability, of activities or travel of an otherwise healthy 
  9.33  person who likely has been exposed to a communicable disease to 
  9.34  prevent disease transmission during the period of 
  9.35  communicability in the event the person is infected. 
  9.36     Sec. 12.  Minnesota Statutes 2002, section 144.4195, 
 10.1   subdivision 1, is amended to read: 
 10.2      Subdivision 1.  [EX PARTE ORDER FOR ISOLATION OR 
 10.3   QUARANTINE.] (a) Before isolating or quarantining a person or 
 10.4   group of persons, the commissioner of health shall obtain a 
 10.5   written, ex parte order authorizing the isolation or quarantine 
 10.6   from the District Court of Ramsey County, the county where the 
 10.7   person or group of persons is located, or a county adjoining the 
 10.8   county where the person or group of persons is located.  The 
 10.9   evidence or testimony in support of an application may be made 
 10.10  or taken by telephone, facsimile transmission, video equipment, 
 10.11  or other electronic communication.  The court shall grant the 
 10.12  order upon a finding that probable cause exists to believe 
 10.13  isolation or quarantine is warranted to protect the public 
 10.14  health. 
 10.15     (b) The order must state the specific facts justifying 
 10.16  isolation or quarantine, must state that the person being 
 10.17  isolated or quarantined has a right to a court hearing under 
 10.18  this section and a right to be represented by counsel during any 
 10.19  proceeding under this section, and must be provided immediately 
 10.20  to each person isolated or quarantined.  The commissioner of 
 10.21  health shall provide a copy of the authorizing order to the 
 10.22  commissioner of public safety and other peace officers known to 
 10.23  the commissioner to have jurisdiction over the site of the 
 10.24  isolation or quarantine.  If feasible, the commissioner of 
 10.25  health shall give each person being isolated or quarantined an 
 10.26  estimate of the expected period of the person's isolation or 
 10.27  quarantine. 
 10.28     (c) If it is impracticable to provide individual orders to 
 10.29  a group of persons isolated or quarantined, one order shall 
 10.30  suffice to isolate or quarantine a group of persons believed to 
 10.31  have been commonly infected with or exposed to a communicable 
 10.32  disease.  A copy of the order and notice shall be posted in a 
 10.33  conspicuous place: 
 10.34     (1) in the isolation or quarantine premises, but only if 
 10.35  the persons to be isolated or quarantined are already at the 
 10.36  isolation or quarantine premises and have adequate access to the 
 11.1   order posted there; or 
 11.2      (2) in another location where the group of persons to be 
 11.3   isolated or quarantined is located, such that the persons have 
 11.4   adequate access to the order posted there. 
 11.5   If the court determines that posting the order according to 
 11.6   clause (1) or (2) is impractical due to the number of persons to 
 11.7   be isolated or quarantined or the geographical area affected, 
 11.8   the court must use the best means available to ensure that the 
 11.9   affected persons are fully informed of the order and notice. 
 11.10     (d) A peace officer, as defined under section 144.4803, 
 11.11  subdivision 16, shall enforce an order under this section and 
 11.12  may use all necessary and lawful means to apprehend, hold, 
 11.13  transport, quarantine, or isolate a person subject to the 
 11.14  order.  "Necessary and lawful means" includes reasonable force 
 11.15  but not deadly force as defined in section 609.066, subdivision 
 11.16  1.  The peace officer shall act upon telephone, facsimile, or 
 11.17  other electronic notification of the court order.  The 
 11.18  commissioner or an agent of a local board of health authorized 
 11.19  under section 145A.04 shall advise the peace officer, upon 
 11.20  request, of protective measures necessary to protect the peace 
 11.21  officer from possible transmission of the communicable disease.  
 11.22     (e) No person may be isolated or quarantined pursuant to an 
 11.23  order issued under this subdivision for longer than 21 days 
 11.24  without a court hearing under subdivision 3 to determine whether 
 11.25  isolation or quarantine should continue.  A person who is 
 11.26  isolated or quarantined may request a court hearing under 
 11.27  subdivision 3 at any time before the expiration of the order.  
 11.28     Sec. 13.  Minnesota Statutes 2002, section 144.4195, 
 11.29  subdivision 2, is amended to read: 
 11.30     Subd. 2.  [TEMPORARY HOLD UPON COMMISSIONER'S DIRECTIVE.] 
 11.31  (a) Notwithstanding subdivision 1, the commissioner of health 
 11.32  may by directive isolate or quarantine a person or group of 
 11.33  persons without first obtaining a written, ex parte order from 
 11.34  the court if a delay in isolating or quarantining the person or 
 11.35  group of persons would significantly jeopardize the commissioner 
 11.36  of health's ability to prevent or limit the transmission of a 
 12.1   communicable or potentially communicable disease to others.  The 
 12.2   commissioner must provide the person or group of persons subject 
 12.3   to the temporary hold with notice that the person has a right to 
 12.4   request a court hearing under this section and a right to be 
 12.5   represented by counsel during a proceeding under this section.  
 12.6   If it is impracticable to provide individual notice to each 
 12.7   person subject to the temporary hold, notice of these rights may 
 12.8   be posted in the same manner as the posting of orders under 
 12.9   subdivision 1, paragraph (c).  Following the imposition of 
 12.10  isolation or quarantine under this subdivision, the commissioner 
 12.11  of health shall within 24 hours apply for a written, ex parte 
 12.12  order pursuant to subdivision 1 authorizing the isolation or 
 12.13  quarantine.  The court must rule within 24 hours of receipt of 
 12.14  the application.  If the person is under a temporary hold, the 
 12.15  person may not be held in isolation or quarantine after the 
 12.16  temporary hold expires unless the court issues an ex parte order 
 12.17  under subdivision 1. 
 12.18     (b) A peace officer, as defined under section 144.4803, 
 12.19  subdivision 16, shall enforce a commissioner's directive under 
 12.20  paragraph (a) as the peace officer would enforce a court order 
 12.21  under this section.  The peace officer shall act upon telephone, 
 12.22  facsimile, or other electronic notification of the 
 12.23  commissioner's directive.  The commissioner or an agent of a 
 12.24  local board of health authorized under section 145A.04 shall 
 12.25  advise the peace officer, upon request, of protective measures 
 12.26  necessary to protect the peace officer from possible 
 12.27  transmission of the communicable disease. 
 12.28     (c) If a person subject to a commissioner's directive under 
 12.29  paragraph (a) is already institutionalized in an appropriate 
 12.30  health care facility, the commissioner of health may direct the 
 12.31  facility to continue to hold the person.  The facility shall 
 12.32  take all reasonable measures to prevent the person from exposing 
 12.33  others to the communicable disease. 
 12.34     Sec. 14.  Minnesota Statutes 2002, section 144.4195, 
 12.35  subdivision 3, is amended to read: 
 12.36     Subd. 3.  [COURT HEARING.] (a) A person isolated or 
 13.1   quarantined under an order issued pursuant to subdivision 1 or a 
 13.2   temporary hold under subdivision 2 or the person's 
 13.3   representative may petition the court to contest the court order 
 13.4   or temporary hold at any time prior to the expiration of the 
 13.5   order or temporary hold.  If a petition is filed, the court must 
 13.6   hold a hearing within 72 hours from the date of the filing.  A 
 13.7   petition for a hearing does not stay the order of isolation or 
 13.8   quarantine.  At the hearing, the commissioner of health must 
 13.9   show by clear and convincing evidence that the isolation or 
 13.10  quarantine is warranted to protect the public health. 
 13.11     (b) If the commissioner of health wishes to extend the 
 13.12  order for isolation or quarantine past the period of time stated 
 13.13  in subdivision 1, paragraph (d) (e), the commissioner must 
 13.14  petition the court to do so.  Notice of the hearing must be 
 13.15  served upon the person or persons who are being isolated or 
 13.16  quarantined at least three days before the hearing.  If it is 
 13.17  impracticable to provide individual notice to large groups who 
 13.18  are isolated or quarantined, a copy of the notice may be posted 
 13.19  in the same manner as described under subdivision 1, paragraph 
 13.20  (c).  
 13.21     (c) The notice must contain the following information: 
 13.22     (1) the time, date, and place of the hearing; 
 13.23     (2) the grounds and underlying facts upon which continued 
 13.24  isolation or quarantine is sought; 
 13.25     (3) the person's right to appear at the hearing; and 
 13.26     (4) the person's right to counsel, including the right, if 
 13.27  indigent, to be represented by counsel designated by the court 
 13.28  or county of venue.  
 13.29     (d) The court may order the continued isolation or 
 13.30  quarantine of the person or group of persons if it finds by 
 13.31  clear and convincing evidence that the person or persons would 
 13.32  pose an imminent health threat to others if isolation or 
 13.33  quarantine was lifted.  In no case may the isolation or 
 13.34  quarantine continue longer than 30 days from the date of the 
 13.35  court order issued under this subdivision unless the 
 13.36  commissioner petitions the court for an extension.  Any hearing 
 14.1   to extend an order is governed by this subdivision.  
 14.2      Sec. 15.  Minnesota Statutes 2002, section 144.4195, 
 14.3   subdivision 5, is amended to read: 
 14.4      Subd. 5.  [JUDICIAL PROCEDURES AND DECISIONS.] Court orders 
 14.5   issued pursuant to subdivision 3 or 4 shall be based upon clear 
 14.6   and convincing evidence and a written record of the disposition 
 14.7   of the case shall be made and retained.  Any person subject to 
 14.8   isolation or quarantine has the right to be represented by 
 14.9   counsel or other lawful representative.  The court may choose to 
 14.10  conduct a hearing under subdivision 3 or 4 by telephonic, 
 14.11  interactive video, or other electronic means to maintain 
 14.12  isolation or quarantine precautions and reduce the risk of 
 14.13  spread of a communicable disease.  Otherwise, the manner in 
 14.14  which the request for a hearing is filed and acted upon shall be 
 14.15  in accordance with the existing laws and rules of the courts of 
 14.16  this state or, if the isolation or quarantine occurs during a 
 14.17  national security or peacetime emergency, any rules that are 
 14.18  developed by the courts for use during a national security or 
 14.19  peacetime emergency. 
 14.20     Sec. 16.  [144.4196] [EMPLOYEE PROTECTION.] 
 14.21     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
 14.22     (1) "qualifying employee" means a person who performs 
 14.23  services for hire in Minnesota and who has been subject to 
 14.24  isolation or quarantine for a communicable disease, as defined 
 14.25  in section 144.419, subdivision 1, clause (2).  The term applies 
 14.26  to persons who comply with isolation or quarantine restrictions 
 14.27  because of: 
 14.28     (i) a commissioner's temporary hold directive; 
 14.29     (ii) an order of a federal quarantine officer; 
 14.30     (iii) a state or federal court order; or 
 14.31     (iv) a written recommendation of the commissioner or the 
 14.32  commissioner's designee that the person enter isolation or 
 14.33  quarantine.  A person qualifying under this item must 
 14.34  demonstrate that the person's isolation or quarantine was 
 14.35  subject to monitoring by the commissioner or the commissioner's 
 14.36  designee or by the person's own health care provider; and 
 15.1      (2) "employer" means a person having one or more employees 
 15.2   in Minnesota and includes the state and any political 
 15.3   subdivision of the state. 
 15.4      Subd. 2.  [PROTECTIONS.] (a) An employer shall not 
 15.5   discharge, discipline, threaten, or penalize a qualifying 
 15.6   employee, or otherwise discriminate in the work terms, 
 15.7   conditions, location, or privileges of the qualifying employee, 
 15.8   because the qualifying employee has been in isolation or 
 15.9   quarantine. 
 15.10     (b) A qualifying employee claiming a violation of paragraph 
 15.11  (a) may bring a civil action for recovery of lost wages or 
 15.12  benefits, for reinstatement, or for other relief within 90 days 
 15.13  of the claimed violation or within 90 days of the end of the 
 15.14  isolation or quarantine, whichever is later.  A qualifying 
 15.15  employee who prevails shall be allowed reasonable attorney fees 
 15.16  fixed by the court. 
 15.17     (c) Nothing in this subdivision is intended to alter sick 
 15.18  leave or sick pay terms of the employment relationship. 
 15.19     Subd. 3.  [LIMITATION.] This section does not apply to work 
 15.20  absences due to isolation or quarantine under subdivision 1 for 
 15.21  periods longer than 21 consecutive days. 
 15.22     Subd. 4.  [EXEMPTION.] This section does not apply to a 
 15.23  small business as defined in section 645.445. 
 15.24     Sec. 17.  [WORKERS' COMPENSATION ADVISORY COUNCIL REPORT.] 
 15.25     The Council on Workers' Compensation, established under 
 15.26  Minnesota Statutes, section 175.007, must study extending 
 15.27  workers' compensation to volunteers.  The report must be 
 15.28  completed and presented to the legislature by January 1, 2005.  
 15.29  The report must comply with Minnesota Statutes, sections 3.195 
 15.30  to 3.197. 
 15.31     Sec. 18.  [HEALTH STUDY.] 
 15.32     (a) The commissioner of health must prepare a plan for the 
 15.33  development and implementation of a statewide public health data 
 15.34  management system in cooperation and consultation with 
 15.35  representatives of local public health departments.  The plan 
 15.36  must provide state and local public health departments with a 
 16.1   cost-effective, reliable means for collecting, utilizing, and 
 16.2   disseminating public health data.  The plan must include cost 
 16.3   estimates for the planning and development of a statewide 
 16.4   system.  Nothing in this section requires the commissioner to 
 16.5   collect additional health data. 
 16.6      (b) The plan must be completed and presented to the 
 16.7   legislature by January 1, 2005.  The plan must comply with 
 16.8   Minnesota Statutes, sections 3.195 and 3.197. 
 16.9      Sec. 19.  [REPEALER.] 
 16.10     Laws 2002, chapter 402, section 21, is repealed. 
 16.11     Sec. 20.  [EXPIRATION.] 
 16.12     (a) Minnesota Statutes 2002, sections 12.03, subdivisions 
 16.13  1c, 4d, 6a, 9a; 12.311; 12.312; 12.381; 12.39; 13.3806, 
 16.14  subdivisions 1a and 10a; 144.419; and 144.4195; and sections 3 
 16.15  to 7, and 16, expire August 1, 2008. 
 16.16     (b) The amendments to Minnesota Statutes, by Laws 2002, 
 16.17  chapter 402, sections 6 to 9, 12, and 13, to sections 12.21, 
 16.18  subdivision 3; 12.31, subdivisions 1, 2, and 3; 12.32; 12.34, 
 16.19  subdivision 1, and the amendments in sections 2 and 8 expire 
 16.20  August 1, 2008. 
 16.21     Sec. 21.  [EFFECTIVE DATE.] 
 16.22     Sections 1 to 18 are effective the day following final 
 16.23  enactment.