HF 139

SPECIAL SESSION CHAPTER 4
EFFECTIVE DATE: Various

Omnibus health and human services bill providing policy and funding, establishing the tobacco health impact fee, and appropriating money.

ARTICLE 1¿LICENSING PROVISIONS

Section 1: Licensing data definition modified.
Sec. 2: Health care facility definition modified.
Sec. 3: Data usage effective date provided.
Sec. 4: School age child care program exclusion of scouting, boys clubs, girls clubs, sports, and art programs eliminated.
Sec. 5: Conforming change with section 4.
Sec. 6: Unlicensed program operation penalties clarified.
Sec. 7: Technical statutory reference added.
Sec. 8: Child foster care license application requirements expanded.
Sec. 9: License issuance prohibited for certain disqualified individuals.
Sec. 10: Fund and handling procedures modified.
Sec. 11: Family child care correction or conditional license order posting required.
Sec. 12: Temporary provisional license appeal process detailed.
Sec. 13: License suspension regulations clarified.
Sec. 14: Family child care correction or suspension order posting required.
Sec. 15: Contested maltreatment case hearing scope expanded.
Sec. 16: Revoked license reapplication procedure detailed.
Sec. 17: Child care center staff first aid training required.
Sec. 18: Cardiopulmonary resuscitation training requirement for child care workers required. CPR
Sec. 19: Shaken baby syndrome education for license holders required.
Sec. 20: Delegation of authority required for child foster care applications.
Sec. 21: Conflict of interest clarified.
Sec. 22: Child passenger restraint system training requirement modified and seat belt use required.
Sec. 23: Incident defined.
Sec. 24: Staff ratio requirement clarified.
Sec. 25: Technical modifications provided.
Sec. 26: Licensed program list modified.
Sec. 27: Study subject affiliated with multiple facilities regulations relating to license holders clarified.
Sec. 28: Background study requirements expanded.
Sec. 29: Data available for consideration from background studies by counties or private agencies specified.
Sec. 30: Permanent disqualification provision clarified.
Sec. 31: 15-year care license disqualification offenses expanded.
Sec. 32: 10-year care license disqualification offenses expanded.
Sec. 33: 7-year care license disqualification offenses expanded.
Sec. 34: Disqualification reconsideration time frame revised.
Sec. 35: Language clarified.
Sec. 36: Risk of harm reconsideration request regulated.
Sec. 37: License disqualification data classification provision expanded.
Sec. 38: Rescinded disqualification notice regulations established.
Sec. 39: Setting aside of disqualification prohibited.
Sec. 40: Ten-year bar to set aside disqualification regulations clarified.
Sec. 41: Fair hearing provisions expanded.
Sec. 42: Public employee disqualification details expanded.
Sec. 43: License holder variance technical reference added and request clarification provided.
Sec. 44: Disqualification reason disclosure required.
Sec. 45: Set-aside or variance notification required.
Sec. 46: Treatment facility definition modified.
Sec. 47: Guardian ad litem background study required.
Sec. 48: Conforming change.
Sec. 49: Effective date added.
Sec. 50: Background study of guardian ad litem requirements established.
Sec. 51: Criminal history and maltreatment records background study detailed.
Sec. 52: Background study rights detailed.
Sec. 53: Expunged conviction record opening rights specified.
Sec. 54: Maltreatment conviction reconsideration procedure clarified.
Sec. 55: Conforming change with section 54.
Sec. 56: Abuse prevention plan obligations expanded.
Sec. 57: Effective date.

ARTICLE 2¿MENTAL AND CHEMICAL HEALTH

Section 1: Application process for pediatricians requirements expanded.
Sec. 2: Budget transfer restructuring authorized.
Sec. 3: County board duties expanded.
Sec. 4: Admission criteria for children revised.
Sec. 5: Emergency admission for children regulations established.
Sec. 6: Care determination level for children procedure modified.
Sec. 7: ¿Intensive nonresidential rehabilitative mental health services¿ definition modified.
Sec. 8: Mental health telemedicine authorized in certain circumstances.
Sec. 9: Foster care services treatment detailed.
Sec. 10: Primary care practitioners psychiatric consultation regulated.
Sec. 11: Client eligibility determination procedure modified.
Sec. 12: Treatment foster care covered service modified.
Sec. 13: Transitional youth intensive rehabilitative mental health services regulations established and detailed.
Sec. 14: Cost division effective date provided.
Sec. 15: Conforming change to incorporate telemedicine.
Sec. 16: Special needs statutory reference added.
Sec. 17: Conforming change with section 15.
Sec. 18: Discharge plans for offenders with serious and persistent mental illness provided.
Sec. 19: Janitorial contract priority provided.
Sec. 20: Enhanced separation procedures established.
Sec. 21: Pension coverage for specific individual provided.
Sec. 22: Effective date.

ARTICLE 3¿FAMILY SUPPORT

Section 1: Subsidy restrictions provided.
Sec. 2: Absent day reimbursement limit provided.
Sec. 3: Child care provider training inclusion of shaken baby syndrome required.
Sec. 4: Annual license fees reduced for programs with licensed capacity.
Sec. 5: Sliding fee scale usage authorized.
Sec. 6: Date extended.
Sec. 7: Citizens advisory council expiration extended.
Sec. 8: American Indian child welfare projects established and eligibility specified.
Sec. 9: Eligibility modified for targeted case management services.
Sec. 10: State traumatic brain injury program extended.
Sec. 11: Eligibility requirements clarified technical references.
Sec. 12: SSI conversion procedure reporting requirements eliminated.
Sec. 13: Facility supplementary rate commencement date extended.
Sec. 14: MFIP assistance unit grant reduced.
Sec. 15: Employment and training services overview requirements modified.
Sec. 16: Long-term homeless supportive services program established and detailed.
Sec. 17: American Indian child welfare advisory council extended.
Sec. 18: Standard statewide child care license fee report recommendations provided.
Sec. 19: Parent fee schedule established.
Sec. 20: Repealer.
Sec. 21: Effective date.

ARTICLE 4 ¿ HEALTH IMPACT FEE
Section 1: Health impact fund established and fund reimbursements regulated.
Sec. 2: Tobacco health impact fee imposed on and collected from cigarette distributors and tobacco products distributors. Fee detailed.
Sec. 3: Sales and use tax permits revocation authorized.
Sec. 4: ¿Basic cost of cigarettes¿ definition modified to include fee.
Sec. 5: Floor stocks fee imposed on every person engaged in the business of distributing, retailing, vending, and manufacturing cigarettes.
Sec. 6: Tobacco products floor stocks fee imposed.

ARTICLE 5¿MISCELLANEOUS

Section 1: Social worker sexual conduct with a former client prohibited for two years.
Sec. 2: Cancer drug repository program established and detailed.
Sec. 3: Prescription drug purchasing authorized.
Sec. 4: Technical reference added.
Sec. 5: Commissioner duties modified.
Sec. 6: Annual license fee for residential-based habilitation services imposed.
Sec. 7: Supplemental nursing services agencies effective date provided.
Sec. 8: Effective date provided and fee increased.
Sec. 9-11: Effective dates provided
Sec. 12: Payment method authorization clarified.
Sec. 13: Assignment effect relating to child care support modified and effective date provided.
Sec. 14: Study requirements modified and effective date provided.
Sec. 15: Wholesale drug distributor tax modified.
Sec. 16: Long-term care insurance provision authorized.
Sec. 17: Medical aid provisions relating to rate limits clarified.
Sec. 18: Applicable tax rate increased for managed care.
Sec. 19: Repealer.

ARTICLE 6¿HEALTH DEPARTMENT

Section 1: Health information technology and infrastructure advisory committee established and duties provided.
Sec. 2: Variance fees increased.
Sec. 3: Well notification fees increased.
Sec. 4: Property permit fees increased.
Sec. 5: Well disclosure to buyer conveyance fees increased.
Sec. 6: Boring license fees increased and regulations provided.
Sec. 7: Outpatient surgical center, AOA hospital, and other facility license, permit, and survey fees increased.
Sec. 8: ¿Eligible rural hospital¿ definition modified.
Sec. 9: Authorized grant electronic records authorized.
Sec. 10: Rural pharmacy planning and transition grant program established and detailed.
Sec. 11: ¿Eligible project¿ and ¿eligible rural hospital¿ definitions modified.
Sec. 12: Rural health initiatives for community health centers modified.
Sec. 13: ¿Dentist¿ and ¿pharmacist¿ defined.
Sec. 14: Health professional education loan forgiveness program expanded.
Sec. 15: Loan forgiveness eligibility requirements modified.
Sec. 16: Conforming change.
Sec. 17: Fee for vital record issuance increased. Birth death stillbirth stillborn
Sec. 18: Vital records surcharge provided.
Sec. 19: Electronic verification fee established.
Sec. 20: Alternative payment methods approval authorized.
Sec. 21: Public water supply connection fee increased.
Sec. 22: Construction or relocation details clarified relating to Regions Hospital and HCMC.
Sec. 23: Critical access hospital license application details provided.
Sec. 24: Shaking infant education by hospitals required.
Sec. 25: ¿Commissioner,¿ ¿Major trauma,¿ and ¿trauma hospital¿ defined.
Sec. 26: Statewide trauma system criteria established.
Sec. 27: Trauma triage and transportation regulations established.
Sec. 28: Trauma hospital designation and verification procedures established.
Sec. 29: Interhospital transfer procedures detailed.
Sec. 30: Trauma registry participation required.
Sec. 31: Trauma advisory council established.
Sec. 32: Lead risk assessment requirements modified.
Sec. 33: Water and hazardous material certification fees increased.
Sec. 34: Trauma triage and transport guideline criteria established.
Sec. 35: Females desiring abortion required to be told whether or not an anesthetic or analgesic would eliminate or alleviate organic pain to the unborn child; and cost disclosure of analgesic or anesthetic required.
Sec. 36: Community-based program language clarified.
Sec. 37: Biennial report evaluation regulations clarified.
Sec. 38: Postpartum depression education and information provision required.
Sec. 39: Community clinic grant regulations modified.
Sec. 40: Technical references changed.
Sec. 41: Donated dental services language clarified to shift power to commissioner.
Sec. 42: Rule exemption for food establishments provided.
Sec. 43: ¿Statewide hospitality fee¿ defined.
Sec. 44: License renewal late fee for food and beverage service establishments increased.
Sec. 45: Food manager certification fee imposed.
Sec. 46: Establishment fees increased.
Sec. 47: Statewide hospitality fee imposed.
Sec. 48: Health inspection frequency clarified.
Sec. 49: School food service establishment inspection frequency detailed.
Sec. 50: Plumbing system fee regulations clarified.
Sec. 51: Technical reference modified.
Sec. 52: Cervical cancer elimination study required and established.
Sec. 53: Public health information network development required.
Sec. 54: Swing bed usage report to legislature provided.
Sec. 55: Electronic health records system implementation required.
Sec. 56: Rule amendment required.
Sec. 57: Commissioner direction provided.
Sec. 58: Repealer.

ARTICLE 7¿LONG-TERM CARE AND CONTINUING CARE

Section 1: Project amendment authorization provided.
Sec. 2: Moratorium exception extended.
Sec. 3: Required report detailed.
Sec. 4: Benefit increases in social security act excluded as income.
Sec. 5: Long-term care partnership provided, program established and detailed.
Sec. 6: ¿Relocation targeted case management¿ definition modified.
Sec. 7: Eligibility criteria clarified.
Sec. 8: ¿County¿ added to case management language.
Sec. 9: Home care targeted case management and relocation service coordination qualifications modified.
Sec. 10: Eligible services modified and detailed.
Sec. 11: Time line for case manager assignment modified.
Sec. 12: Data use agreement execution required.
Sec. 13: Skilled and intermediate nursing care coverage exemptions clarified.
Sec. 14: Covered personal care assistant services regulations expanded.
Sec. 15: ¿Personal care assistant¿ definition modified.
Sec. 16: Covered personal care assistant services regulations clarified.
Sec. 17: Medical assistance payment certification by physician renewal conditions specified.
Sec. 18: Personal care assistant hours flexible use regulations expanded.
Sec. 19: Enrolled personal care assistant services provider oversight procedures established.
Sec. 20: Service eligibility date limit extended.
Sec. 21: Conforming change.
Sec. 22: Covered alternative care services list modified.
Sec. 23: Service standards expanded.
Sec. 24: Quality assurance system establishment provided.
Sec. 25: Commission expiration date extended.
Sec. 26: Quality assurance team regulations modified.
Sec. 27: Technical modifications.
Sec. 28: Life estate and joint tenancy interest applicability specified.
Sec. 29: Survivor regulations clarified.
Sec. 30: Life estate or joint tenancy interest established.
Sec. 31: Liens for medical assistance ended.
Sec. 32: Liability immunity provided.
Sec. 33: Nursing facility rate increases imposed.
Sec. 34: Single-bed room establishment incentive provided.
Sec. 35: ¿Nursing facility¿ definition modified.
Sec. 36: Technical.
Sec. 37: Functional basis for allocable costs detailed.
Sec. 38: Allocation ratio expanded.
Sec. 39: Organization costs detailed.
Sec. 40: Four year duration of contracts provided.
Sec. 41: Nursing facility alternate rates provided.
Sec. 42: Facilities lacking APS contracts regulated.
Sec. 43: Nursing facility reimbursement system regulations established.
Sec. 44: Services and supports for waivers modified to include transitional supports allowance.
Sec. 45: ICF/MR rate increases imposed and detailed.
Sec. 46: PACE (programs for all inclusive care for the elderly) authorized.
Sec. 47: Health care services reimbursement authorized.
Sec. 48: Community living adjustment authorized.
Sec. 49: Conforming change relating to life estate and joint tenancy interests.
Sec. 50: Consumer directed community supports methodology detailed.
Sec. 51: Inclusion of covered costs associated with physical activity provided.
Sec. 52: Waiver amendment provided.
Sec. 53: Independent evaluation and review of unallowable items provided.
Sec. 54: Federal approval requested.
Sec. 55: Community services provider rate increases detailed.
Sec. 56: Commissioner¿s duties established related to change in effective date for life estate and joint tenancy interest provisions.
Sec. 57: Licensing and alternative quality assurance study direction provided.
Sec. 58: Disability services interagency work group established.
Sec. 59: Report to legislature required.
Sec. 60: Property payment system recommendations required.
Sec. 61: Repealer.
Sec. 62: Effective date.

ARTICLE 8¿HEALTH CARE-DEPARTMENT OF HUMAN SERVICES

Section 1: Health care access fund transfers authorized.
Sec. 2: Hospital charge disclosure electronic system development required.
Sec. 3: Discounted payments regulations modified.
Sec. 4: Human services report to legislature required.
Sec. 5: Drug rebate program authority provided.
Sec. 6: Test site authorization for health care programs provided.
Sec. 7: MinnesotaCare cost recovery retention of 50% by counties authorized.
Sec. 8: State agency hearings regulations clarified.
Sec. 9: Prepaid health plan claim notification limit eliminated.
Sec. 10: Hearing authority clarified.
Sec. 11: Surcharge withholding regulations established.
Sec. 12: Fee-for-service admissions payments regulated.
Sec. 13: Disproportionate services payment reductions implemented and clarified.
Sec. 14: Greater Minnesota payment adjustment regulations modified.
Sec. 15: Quarterly payment adjustment for hospitals established.
Sec. 16: Prescription drug assistance authorized.
Sec. 17: ¿Third-party payer¿ definition modified.
Sec. 18: Medicare prescription drug subsidy eligibility determination procedures established.
Sec. 19: medical assistance to correctional facility inmates regulations provided.
Sec. 20: Excess asset reductions authorized.
Sec. 21: Excess income assistance eligibility provision clarified.
Sec. 22: Income reporting required every twelve months.
Sec. 23: Six month reporting of income for certain individuals required.
Sec. 24: Eligibility period regulations clarified.
Sec. 25: Monetary claim notification to state agency required.
Sec. 26: Eligibility verification for medical assistance coverage required.
Sec. 27: Institutionalized persons income availability reasonable expenses clarified.
Sec. 28: Citizenship requirements for pregnant noncitizens clarified.
Sec. 29: Hospital emergency room services coverage prohibited.
Sec. 30: Sex reassignment surgery coverage by medical assistance prohibited.
Sec. 31: Circumcision for newborns not covered by medical assistance.
Sec. 32: Dental service coverage modified.
Sec. 33: Drug coverage modified and expanded.
Sec. 34: Drug utilization review board designation procedure clarified.
Sec. 35: Formulary committee staff specifications clarified.
Sec. 36: Drug formulary exclusion of erectile dysfunction or impotence drugs clarified.
Sec. 37: Drug coverage payment rates modified.
Sec. 38: Prior authorization grants established.
Sec. 39: Medication therapy management care coverage provided.
Sec. 40: Transportation cost reimbursement rates adjusted.
Sec. 41: Co-payments modified for drugs.
Sec. 42: Conforming change.
Sec. 43: Performance reporting and quality improvement program established.
Sec. 44: Fee-for-service pilot intensive care management program established.
Sec. 45: ¿Minnesota helath care programs¿ definition modified.
Sec. 46: Transitional supports allowance provided.
Sec. 47: Employee scholarship costs program established and selection criteria detailed.
Sec. 48: Nonfederal share payment portion expanded.
Sec. 49: safety net provider payment allocation clarified.
Sec. 50: Governmental entity payment reporting procedures regulated.
Sec. 51: Technical language clarification.
Sec. 52: Eligibility requirements for general assistance medical care expanded.
Sec. 53: Denture coverage modified and conforming changes provided.
Sec. 54: Social security number provision requirements clarified.
Sec. 55: ¿Gross individual or gross family income¿ definition modified.
Sec. 56: ¿Income¿ definition modified.
Sec. 57: Technical language modified.
Sec. 58: Pregnant woman coverage eligibility clarified.
Sec. 59: Co-payments for nonpreventive visits imposed.
Sec. 60: ¿Covered health services¿ definition modified.
Sec. 61: Conforming change with section 54.
Sec. 62: ¿Cooperation¿ definition modified.
Sec. 63: MinnesotaCare eligibility clarified.
Sec. 64: County agency enrollment of individuals in MinnesotaCare regulated.
Sec. 65: Commissioner¿s duties clarified relating to determining MinnesotaCare eligibility.
Sec. 66: Coverage effective date modified.
Sec. 67: Eligibility renewal criteria clarified.
Sec. 68: Commissioner¿s duties clarified.
Sec. 69: General requirements specified.
Sec. 70: Individual eligibility for those with access to postsecondary education institution health coverage eliminated.
Sec. 71: Language clarified.
Sec. 72: Adult exception eligibility specified.
Sec. 73: Ratable reduction total payment detailed.
Sec. 74: Sliding fee scale clarified.
Sec. 75: Sliding scale exceptions clarified.
Sec. 76: Transitioned adults exception provided.
Sec. 77: Single adults and households with no children exceptions detailed.
Sec. 78-79: Limitations provided.
Sec. 80: Contract amendment frequency modified.
Sec. 81: Nonemergency transportation services advisory committee established.
Sec. 82: Health care services coverage limits detailed for medical assistance, general assistance medical care, and MinnesotaCare programs.
Sec. 83: Oral health care pilot project established.
Sec. 84: Sole-source or single-plan managed care contract established.
Sec. 85: Managed care planning process development required.
Sec. 86: Federal match directive for alternative care program provided.
Sec. 87: Federal approval required.
Sec. 88: Repealer.

ARTICLE 9¿APPROPRIATIONS

Section 1: Health and human services appropriations summary by fund provided.
Sec. 2: Commissioner of human services money appropriated.
Sec. 3: Commissioner of health money appropriated.
Sec. 4: Veterans nursing homes board money appropriated.
Sec. 5: Health-related board money appropriated.
Sec. 6: Emergency medical services board money appropriated.
Sec. 7: Council on disability money appropriated.
Sec. 8: Ombudsman for mental health and mental retardation money appropriated.
Sec. 9: Ombudsman for families money appropriated.
Sec. 10: Technical reference added.
Sec. 11: Basic health care grant appropriations modified.
Sec. 12: Transfers provided.
Sec. 13: Special revenue transfer for certain programs provided.
Sec. 14: Indirect costs specified not to fund operational costs of programs.
Sec. 15: Uncodified language sunset provided.
Sec. 16: Effective date.

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