1.1A bill for an act1.2relating to state government; making changes to health and human services 1.3programs; changing children and family provisions; amending child welfare 1.4provisions; modifying licensing provisions; amending health care programs 1.5and policy; modifying continuing care programs and policy; amending mental 1.6and chemical health provisions; changing Department of Health provisions 1.7and policy; establishing a children's health program; changing public health 1.8provisions and policy; amending MinnesotaCare, medical assistance, and 1.9general assistance medical care; instituting health care reform; establishing the 1.10Minnesota Health Insurance Exchange; requiring Section 125 Plans; modifying 1.11health insurance provisions; establishing family supportive services; providing 1.12rate increases for certain providers and nursing facilities; changing health 1.13records information provisions; making technical changes; providing penalties; 1.14establishing task forces; changing certain fees; requiring reports; making forecast 1.15adjustments; appropriating money for human services and health; appropriating 1.16money for various state boards and councils;amending Minnesota Statutes 1.172006, sections 13.381, by adding a subdivision; 13.46, subdivision 2; 16A.10, 1.18by adding a subdivision; 16A.724, subdivision 2, by adding subdivisions; 1.1916B.61, by adding a subdivision; 16D.13, subdivision 3; 47.58, subdivision 8; 1.2062E.02, subdivision 7; 62H.02; 62J.07, subdivisions 1, 3; 62J.17, subdivisions 1.212, 4a, 6a, 7; 62J.41, subdivision 1; 62J.495; 62J.52, subdivisions 1, 2; 62J.60, 1.22subdivisions 2, 3; 62J.692, subdivisions 1, 4, 5, 8; 62J.81, subdivision 1; 62J.82; 1.2362L.02, subdivision 11; 62Q.165, subdivisions 1, 2; 62Q.80, subdivisions 3, 4, 1.2413, 14, by adding a subdivision; 69.021, subdivision 11; 103I.101, subdivision 1.256; 103I.208, subdivisions 1, 2; 103I.235, subdivision 1; 119B.011, by adding 1.26a subdivision; 119B.035, subdivision 1; 119B.05, subdivision 1; 119B.09, 1.27subdivisions 1, 7, by adding subdivisions; 119B.12; 119B.125, subdivision 2; 1.28119B.13, subdivisions 1, 3a, 6, 7; 119B.21, subdivision 5; 144.05, by adding a 1.29subdivision; 144.123; 144.125; 144.3345; 144.552; 144.553, subdivision 3; 1.30144.565; 144.651, subdivisions 9, 10, 26; 144.698, subdivision 1; 144.699, by 1.31adding a subdivision; 144.9507, by adding a subdivision; 144.9512; 144A.073, 1.32subdivision 4; 144A.351; 144D.03, subdivision 1; 144E.101, subdivision 6; 1.33144E.127; 144E.35, subdivision 1; 145A.17; 145C.05; 145C.07, by adding 1.34a subdivision; 148.235, by adding a subdivision; 148.6445, subdivisions 1, 1.352; 148B.53, subdivision 3; 148C.11, subdivision 1; 149A.52, subdivision 3; 1.36149A.97, subdivision 7; 151.19, subdivision 2; 151.37, subdivision 2; 152.11, 1.37by adding a subdivision; 157.16, subdivision 1; 169A.70, subdivision 4; 1.38179A.03, subdivision 7; 198.075; 245.462, subdivision 20; 245.465, by adding a 1.39subdivision; 245.4712, subdivision 1; 245.4874; 245.50, subdivision 5; 245.771, 2.1by adding a subdivision; 245.98, subdivision 2; 245A.035; 245A.10, subdivision 2.22; 245A.16, subdivisions 1, 3; 245C.02, by adding a subdivision; 245C.04, 2.3subdivision 1; 245C.05, subdivisions 1, 4, 5, 7, by adding a subdivision; 245C.08, 2.4subdivisions 1, 2; 245C.10, by adding a subdivision; 245C.11, subdivisions 1, 2; 2.5245C.12; 245C.16, subdivision 1; 245C.17, by adding a subdivision; 245C.21, 2.6by adding a subdivision; 245C.23, subdivision 2; 246.54, subdivisions 1, 2; 2.7252.27, subdivision 2a; 252.32, subdivision 3; 253B.185, subdivision 2, by 2.8adding a subdivision; 254A.03, subdivision 3; 254A.16, subdivision 2; 254B.02, 2.9subdivisions 1, 5; 254B.03, subdivisions 1, 3; 254B.06, subdivision 3; 256.01, 2.10subdivisions 2, 2b, 4, by adding subdivisions; 256.015, subdivision 7; 256.017, 2.11subdivisions 1, 9; 256.476, subdivisions 1, 2, 3, 4, 5, 10; 256.969, subdivisions 2.123a, 9, 27, by adding a subdivision; 256.974; 256.9741, subdivisions 1, 3; 2.13256.9742, subdivisions 3, 4, 6; 256.9744, subdivision 1; 256.975, subdivision 2.147, by adding a subdivision; 256.984, subdivision 1; 256B.04, subdivision 14, 2.15by adding a subdivision; 256B.055, subdivision 14; 256B.056, subdivisions 2.161a, 3, 10, by adding a subdivision; 256B.057, by adding a subdivision; 2.17256B.0621, subdivision 11; 256B.0622, subdivision 2; 256B.0623, subdivision 2.185; 256B.0625, subdivisions 3f, 13c, 13d, 18a, 20, 23, 47, by adding subdivisions; 2.19256B.0631, subdivisions 1, 3; 256B.0644; 256B.0651, subdivision 7; 256B.0655, 2.20subdivisions 1b, 1f, 3, 8, by adding subdivisions; 256B.0911, subdivisions 1a, 2.213a, 3b, 4b, 4c, 6, 7, by adding subdivisions; 256B.0913, subdivisions 4, 5, 2.225a, 8, 9, 10, 11, 12, 13, 14, by adding a subdivision; 256B.0915; 256B.0919, 2.23subdivision 3; 256B.0943, subdivisions 6, 8, 9, 11, 12; 256B.0945, subdivision 2.244; 256B.095; 256B.0951, subdivision 1; 256B.15, by adding a subdivision; 2.25256B.199; 256B.27, subdivision 2a; 256B.431, subdivisions 1, 2e, 3f, 17a, 17e, 2.2641; 256B.434, subdivision 4, by adding subdivisions; 256B.437, by adding a 2.27subdivision; 256B.441, subdivisions 1, 2, 5, 6, 10, 11, 13, 14, 17, 20, 24, 30, 31, 2.2834, 38, by adding subdivisions; 256B.49, subdivision 11, by adding a subdivision; 2.29256B.5012, by adding a subdivision; 256B.69, subdivisions 4, 5g, 5h, 23; 2.30256B.75; 256B.76; 256B.763; 256D.03, subdivisions 3, 4; 256E.35, subdivision 2.312; 256I.04, subdivision 3; 256I.05, by adding subdivisions; 256J.01, by adding 2.32a subdivision; 256J.02, subdivisions 1, 4, by adding a subdivision; 256J.021; 2.33256J.08, subdivision 65; 256J.20, subdivision 3; 256J.21, subdivision 2; 256J.32, 2.34subdivision 6; 256J.37, subdivision 3a; 256J.42, subdivision 1; 256J.46, by 2.35adding a subdivision; 256J.49, subdivision 13; 256J.521, subdivisions 1, 2; 2.36256J.53, subdivision 2; 256J.55, subdivision 1; 256J.626, subdivisions 1, 2, 3, 4, 2.375, 6, 7; 256J.751, subdivisions 2, 5; 256J.77; 256J.95, subdivision 3; 256K.45, 2.38by adding a subdivision; 256L.01, subdivisions 1, 4; 256L.03, subdivisions 2.391, 3, 5; 256L.04, subdivisions 1, 7, 12; 256L.05, subdivisions 1, 1b, 2, 3a; 2.40256L.07, subdivisions 1, 2, 6, by adding a subdivision; 256L.09, subdivision 4; 2.41256L.11, subdivision 7; 256L.12, subdivision 9a; 256L.15, subdivisions 1, 2, 3, 2.424; 256L.17, subdivisions 2, 3, 7; 259.20, subdivision 2; 259.24, subdivision 3; 2.43259.29, subdivision 1; 259.41; 259.53, subdivisions 1, 2; 259.57, subdivisions 2.441, 2; 259.67, subdivisions 4, 7; 259.75, subdivision 8; 260.012; 260.755, 2.45subdivisions 12, 20; 260.761, subdivision 7; 260.765, subdivision 5; 260.771, 2.46subdivisions 1, 2; 260B.157, subdivision 1; 260C.152, subdivision 5; 260C.163, 2.47subdivision 1; 260C.201, subdivision 11; 260C.209; 260C.212, subdivisions 1, 2, 2.484, 9; 260C.317, subdivision 3; 260C.331, subdivision 1; 270B.14, subdivision 1; 2.49462A.05, by adding a subdivision; 471.59, subdivision 1; 518A.32, subdivision 2.503; 518A.56, by adding a subdivision; 609.115, subdivisions 8, 9; 626.556, 2.51subdivisions 2, 3, 10, 10a, 10c, 10f, by adding subdivisions; Laws 2000, chapter 2.52340, section 19; Laws 2005, chapter 98, article 3, section 25; Laws 2005, First 2.53Special Session chapter 4, article 9, section 3, subdivision 2; Laws 2006, chapter 2.54282, article 20, section 37; proposing coding for new law in Minnesota Statutes, 2.55chapters 16C; 62J; 62Q; 144; 145; 148; 149A; 151; 152; 156; 245; 245A; 245C; 2.56252; 254A; 256; 256B; 256C; 256D; 256F; 256J; 256L; 260; repealing Minnesota 2.57Statutes 2006, sections 62A.301; 62J.052, subdivision 1; 62J.692, subdivision 2.5810; 119B.08, subdivision 4; 144.335; 252.21; 252.22; 252.23; 252.24; 252.25; 3.1252.261; 252.275, subdivision 5; 254A.02, subdivisions 7, 9, 12, 14, 15, 16; 3.2254A.085; 254A.086; 254A.12; 254A.14; 254A.15; 254A.16, subdivision 5; 3.3254A.175; 254A.18; 256.9743; 256B.0625, subdivisions 5a, 5b, 5c, 5d, 5e, 5f, 3.45g, 5h, 5i, 5j, 5k; 256B.0631, subdivision 4; 256B.0913, subdivisions 5b, 5c, 3.55d, 5e, 5f, 5g, 5h; 256B.441, subdivisions 12, 16, 21, 26, 28, 42, 45; 256J.24, 3.6subdivision 6; 256J.29; 256J.37, subdivision 3b; 256J.561, subdivision 1; 3.7256J.62, subdivision 9; 256J.626, subdivision 9; 256J.65; 256L.035; 256L.07, 3.8subdivision 2a; Laws 1997, chapter 8, section 1; Laws 2004, chapter 288, 3.9article 6, section 27; Laws 2006, chapter 249, section 6; Minnesota Rules, parts 3.104610.2800; 9503.0035, subpart 2; 9560.0102, subpart 2, item C; 9585.0030.3.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:3.12ARTICLE 13.13CHILD WELFARE POLICY3.14    Section 1. Minnesota Statutes 2006, section 256.01, subdivision 2, is amended to read:3.15    Subd. 2. Specific powers. Subject to the provisions of section 
         241.021, subdivision 3.162
         , the commissioner of human services shall carry out the specific duties in paragraphs (a) 3.17through (cc):3.18    (a) Administer and supervise all forms of public assistance provided for by state law 3.19and other welfare activities or services as are vested in the commissioner. Administration 3.20and supervision of human services activities or services includes, but is not limited to, 3.21assuring timely and accurate distribution of benefits, completeness of service, and quality 3.22program management. In addition to administering and supervising human services 3.23activities vested by law in the department, the commissioner shall have the authority to:3.24    (1) require county agency participation in training and technical assistance programs 3.25to promote compliance with statutes, rules, federal laws, regulations, and policies 3.26governing human services;3.27    (2) monitor, on an ongoing basis, the performance of county agencies in the 3.28operation and administration of human services, enforce compliance with statutes, rules, 3.29federal laws, regulations, and policies governing welfare services and promote excellence 3.30of administration and program operation;3.31    (3) develop a quality control program or other monitoring program to review county 3.32performance and accuracy of benefit determinations;3.33    (4) require county agencies to make an adjustment to the public assistance benefits 3.34issued to any individual consistent with federal law and regulation and state law and rule 3.35and to issue or recover benefits as appropriate;3.36    (5) delay or deny payment of all or part of the state and federal share of benefits and 3.37administrative reimbursement according to the procedures set forth in section 
         256.017;4.1    (6) make contracts with and grants to public and private agencies and organizations, 4.2both profit and nonprofit, and individuals, using appropriated funds; and4.3    (7) enter into contractual agreements with federally recognized Indian tribes with 4.4a reservation in Minnesota to the extent necessary for the tribe to operate a federally 4.5approved family assistance program or any other program under the supervision of the 4.6commissioner. The commissioner shall consult with the affected county or counties in 4.7the contractual agreement negotiations, if the county or counties wish to be included, 4.8in order to avoid the duplication of county and tribal assistance program services. The 4.9commissioner may establish necessary accounts for the purposes of receiving and 4.10disbursing funds as necessary for the operation of the programs.4.11    (b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law, 4.12regulation, and policy necessary to county agency administration of the programs.4.13    (c) Administer and supervise all child welfare activities; promote the enforcement of 4.14laws protecting disabled, dependent, neglected and delinquent children, and children born 4.15to mothers who were not married to the children's fathers at the times of the conception 4.16nor at the births of the children; license and supervise child-caring and child-placing 4.17agencies and institutions; supervise the care of children in boarding and foster homes or 4.18in private institutions; and generally perform all functions relating to the field of child 4.19welfare now vested in the State Board of Control.4.20    (d) Administer and supervise all noninstitutional service to disabled persons, 4.21including those who are visually impaired, hearing impaired, or physically impaired 4.22or otherwise disabled. The commissioner may provide and contract for the care and 4.23treatment of qualified indigent children in facilities other than those located and available 4.24at state hospitals when it is not feasible to provide the service in state hospitals.4.25    (e) Assist and actively cooperate with other departments, agencies and institutions, 4.26local, state, and federal, by performing services in conformity with the purposes of Laws 4.271939, chapter 431.4.28    (f) Act as the agent of and cooperate with the federal government in matters of 4.29mutual concern relative to and in conformity with the provisions of Laws 1939, chapter 4.30431, including the administration of any federal funds granted to the state to aid in the 4.31performance of any functions of the commissioner as specified in Laws 1939, chapter 431, 4.32and including the promulgation of rules making uniformly available medical care benefits 4.33to all recipients of public assistance, at such times as the federal government increases its 4.34participation in assistance expenditures for medical care to recipients of public assistance, 4.35the cost thereof to be borne in the same proportion as are grants of aid to said recipients.5.1    (g) Establish and maintain any administrative units reasonably necessary for the 5.2performance of administrative functions common to all divisions of the department.5.3    (h) Act as designated guardian of both the estate and the person of all the wards of 5.4the state of Minnesota, whether by operation of law or by an order of court, without any 5.5further act or proceeding whatever, except as to persons committed as developmentally 5.6disabled. For children under the guardianship of the commissioner or a tribe in Minnesota 5.7recognized by the Secretary of the Interior whose interests would be best served by 5.8adoptive placement, the commissioner may contract with a licensed child-placing agency 5.9or a Minnesota tribal social services agency to provide adoption services. A contract 5.10with a licensed child-placing agency must be designed to supplement existing county 5.11efforts and may not replace existing county programs or tribal social services, unless the 5.12replacement is agreed to by the county board and the appropriate exclusive bargaining 5.13representative, tribal governing body, or the commissioner has evidence that child 5.14placements of the county continue to be substantially below that of other counties. Funds 5.15encumbered and obligated under an agreement for a specific child shall remain available 5.16until the terms of the agreement are fulfilled or the agreement is terminated.5.17    (i) Act as coordinating referral and informational center on requests for service for 5.18newly arrived immigrants coming to Minnesota.5.19    (j) The specific enumeration of powers and duties as hereinabove set forth shall in no 5.20way be construed to be a limitation upon the general transfer of powers herein contained.5.21    (k) Establish county, regional, or statewide schedules of maximum fees and charges 5.22which may be paid by county agencies for medical, dental, surgical, hospital, nursing and 5.23nursing home care and medicine and medical supplies under all programs of medical 5.24care provided by the state and for congregate living care under the income maintenance 5.25programs.5.26    (l) Have the authority to conduct and administer experimental projects to test 5.27methods and procedures of administering assistance and services to recipients or potential 5.28recipients of public welfare. To carry out such experimental projects, it is further provided 5.29that the commissioner of human services is authorized to waive the enforcement of 5.30existing specific statutory program requirements, rules, and standards in one or more 5.31counties. The order establishing the waiver shall provide alternative methods and 5.32procedures of administration, shall not be in conflict with the basic purposes, coverage, or 5.33benefits provided by law, and in no event shall the duration of a project exceed four years. 5.34It is further provided that no order establishing an experimental project as authorized by 5.35the provisions of this section shall become effective until the following conditions have 5.36been met:6.1    (1) the secretary of health and human services of the United States has agreed, for 6.2the same project, to waive state plan requirements relative to statewide uniformity; and6.3    (2) a comprehensive plan, including estimated project costs, shall be approved by 6.4the Legislative Advisory Commission and filed with the commissioner of administration.6.5    (m) According to federal requirements, establish procedures to be followed by 6.6local welfare boards in creating citizen advisory committees, including procedures for 6.7selection of committee members.6.8    (n) Allocate federal fiscal disallowances or sanctions which are based on quality 6.9control error rates for the aid to families with dependent children program formerly 6.10codified in sections 
         256.72 to 
         256.87, medical assistance, or food stamp program in the 6.11following manner:6.12    (1) one-half of the total amount of the disallowance shall be borne by the county 6.13boards responsible for administering the programs. For the medical assistance and the 6.14AFDC program formerly codified in sections 
         256.72 to 
         256.87, disallowances shall be 6.15shared by each county board in the same proportion as that county's expenditures for the 6.16sanctioned program are to the total of all counties' expenditures for the AFDC program 6.17formerly codified in sections 
         256.72 to 
         256.87, and medical assistance programs. For the 6.18food stamp program, sanctions shall be shared by each county board, with 50 percent of 6.19the sanction being distributed to each county in the same proportion as that county's 6.20administrative costs for food stamps are to the total of all food stamp administrative costs 6.21for all counties, and 50 percent of the sanctions being distributed to each county in the 6.22same proportion as that county's value of food stamp benefits issued are to the total of 6.23all benefits issued for all counties. Each county shall pay its share of the disallowance 6.24to the state of Minnesota. When a county fails to pay the amount due hereunder, the 6.25commissioner may deduct the amount from reimbursement otherwise due the county, or 6.26the attorney general, upon the request of the commissioner, may institute civil action 6.27to recover the amount due; and6.28    (2) notwithstanding the provisions of clause (1), if the disallowance results from 6.29knowing noncompliance by one or more counties with a specific program instruction, and 6.30that knowing noncompliance is a matter of official county board record, the commissioner 6.31may require payment or recover from the county or counties, in the manner prescribed in 6.32clause (1), an amount equal to the portion of the total disallowance which resulted from the 6.33noncompliance, and may distribute the balance of the disallowance according to clause (1).6.34    (o) Develop and implement special projects that maximize reimbursements and 6.35result in the recovery of money to the state. For the purpose of recovering state money, 6.36the commissioner may enter into contracts with third parties. Any recoveries that result 7.1from projects or contracts entered into under this paragraph shall be deposited in the 7.2state treasury and credited to a special account until the balance in the account reaches 7.3$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be 7.4transferred and credited to the general fund. All money in the account is appropriated to 7.5the commissioner for the purposes of this paragraph.7.6    (p) Have the authority to make direct payments to facilities providing shelter 7.7to women and their children according to section 
         256D.05, subdivision 3. Upon 7.8the written request of a shelter facility that has been denied payments under section 7.9256D.05, subdivision 3
         , the commissioner shall review all relevant evidence and make 7.10a determination within 30 days of the request for review regarding issuance of direct 7.11payments to the shelter facility. Failure to act within 30 days shall be considered a 7.12determination not to issue direct payments.7.13    (q) Have the authority to establish and enforce the following county reporting 7.14requirements:7.15    (1) the commissioner shall establish fiscal and statistical reporting requirements 7.16necessary to account for the expenditure of funds allocated to counties for human 7.17services programs. When establishing financial and statistical reporting requirements, the 7.18commissioner shall evaluate all reports, in consultation with the counties, to determine if 7.19the reports can be simplified or the number of reports can be reduced;7.20    (2) the county board shall submit monthly or quarterly reports to the department 7.21as required by the commissioner. Monthly reports are due no later than 15 working days 7.22after the end of the month. Quarterly reports are due no later than 30 calendar days after 7.23the end of the quarter, unless the commissioner determines that the deadline must be 7.24shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines 7.25or risking a loss of federal funding. Only reports that are complete, legible, and in the 7.26required format shall be accepted by the commissioner;7.27    (3) if the required reports are not received by the deadlines established in clause (2), 7.28the commissioner may delay payments and withhold funds from the county board until 7.29the next reporting period. When the report is needed to account for the use of federal 7.30funds and the late report results in a reduction in federal funding, the commissioner shall 7.31withhold from the county boards with late reports an amount equal to the reduction in 7.32federal funding until full federal funding is received;7.33    (4) a county board that submits reports that are late, illegible, incomplete, or not 7.34in the required format for two out of three consecutive reporting periods is considered 7.35noncompliant. When a county board is found to be noncompliant, the commissioner 7.36shall notify the county board of the reason the county board is considered noncompliant 8.1and request that the county board develop a corrective action plan stating how the 8.2county board plans to correct the problem. The corrective action plan must be submitted 8.3to the commissioner within 45 days after the date the county board received notice 8.4of noncompliance;8.5    (5) the final deadline for fiscal reports or amendments to fiscal reports is one year 8.6after the date the report was originally due. If the commissioner does not receive a report 8.7by the final deadline, the county board forfeits the funding associated with the report for 8.8that reporting period and the county board must repay any funds associated with the 8.9report received for that reporting period;8.10    (6) the commissioner may not delay payments, withhold funds, or require repayment 8.11under clause (3) or (5) if the county demonstrates that the commissioner failed to 8.12provide appropriate forms, guidelines, and technical assistance to enable the county to 8.13comply with the requirements. If the county board disagrees with an action taken by the 8.14commissioner under clause (3) or (5), the county board may appeal the action according 8.15to sections 
         14.57 to 
         14.69; and8.16    (7) counties subject to withholding of funds under clause (3) or forfeiture or 8.17repayment of funds under clause (5) shall not reduce or withhold benefits or services to 8.18clients to cover costs incurred due to actions taken by the commissioner under clause 8.19(3) or (5).8.20    (r) Allocate federal fiscal disallowances or sanctions for audit exceptions when 8.21federal fiscal disallowances or sanctions are based on a statewide random sample for 8.22the foster care program under title IV-E of the Social Security Act, United States Code, 8.23title 42, in direct proportion to each county's title IV-E foster care maintenance claim 8.24for that period.8.25    (s) Be responsible for ensuring the detection, prevention, investigation, and 8.26resolution of fraudulent activities or behavior by applicants, recipients, and other 8.27participants in the human services programs administered by the department.8.28    (t) Require county agencies to identify overpayments, establish claims, and utilize 8.29all available and cost-beneficial methodologies to collect and recover these overpayments 8.30in the human services programs administered by the department.8.31    (u) Have the authority to administer a drug rebate program for drugs purchased 8.32pursuant to the prescription drug program established under section 
         256.955 after the 8.33beneficiary's satisfaction of any deductible established in the program. The commissioner 8.34shall require a rebate agreement from all manufacturers of covered drugs as defined in 8.35section 
         256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on 8.36or after July 1, 2002, must include rebates for individuals covered under the prescription 9.1drug program who are under 65 years of age. For each drug, the amount of the rebate shall 9.2be equal to the rebate as defined for purposes of the federal rebate program in United 9.3States Code, title 42, section 1396r-8. The manufacturers must provide full payment 9.4within 30 days of receipt of the state invoice for the rebate within the terms and conditions 9.5used for the federal rebate program established pursuant to section 1927 of title XIX of 9.6the Social Security Act. The manufacturers must provide the commissioner with any 9.7information necessary to verify the rebate determined per drug. The rebate program shall 9.8utilize the terms and conditions used for the federal rebate program established pursuant to 9.9section 1927 of title XIX of the Social Security Act.9.10    (v) Have the authority to administer the federal drug rebate program for drugs 9.11purchased under the medical assistance program as allowed by section 1927 of title XIX 9.12of the Social Security Act and according to the terms and conditions of section 1927. 9.13Rebates shall be collected for all drugs that have been dispensed or administered in an 9.14outpatient setting and that are from manufacturers who have signed a rebate agreement 9.15with the United States Department of Health and Human Services.9.16    (w) Have the authority to administer a supplemental drug rebate program for drugs 9.17purchased under the medical assistance program. The commissioner may enter into 9.18supplemental rebate contracts with pharmaceutical manufacturers and may require prior 9.19authorization for drugs that are from manufacturers that have not signed a supplemental 9.20rebate contract. Prior authorization of drugs shall be subject to the provisions of section 9.21256B.0625, subdivision 13
         .9.22    (x) Operate the department's communication systems account established in Laws 9.231993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared 9.24communication costs necessary for the operation of the programs the commissioner 9.25supervises. A communications account may also be established for each regional 9.26treatment center which operates communications systems. Each account must be used 9.27to manage shared communication costs necessary for the operations of the programs the 9.28commissioner supervises. The commissioner may distribute the costs of operating and 9.29maintaining communication systems to participants in a manner that reflects actual usage. 9.30Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and 9.31other costs as determined by the commissioner. Nonprofit organizations and state, county, 9.32and local government agencies involved in the operation of programs the commissioner 9.33supervises may participate in the use of the department's communications technology and 9.34share in the cost of operation. The commissioner may accept on behalf of the state any 9.35gift, bequest, devise or personal property of any kind, or money tendered to the state for 9.36any lawful purpose pertaining to the communication activities of the department. Any 10.1money received for this purpose must be deposited in the department's communication 10.2systems accounts. Money collected by the commissioner for the use of communication 10.3systems must be deposited in the state communication systems account and is appropriated 10.4to the commissioner for purposes of this section.10.5    (y) Receive any federal matching money that is made available through the medical 10.6assistance program for the consumer satisfaction survey. Any federal money received for 10.7the survey is appropriated to the commissioner for this purpose. The commissioner may 10.8expend the federal money received for the consumer satisfaction survey in either year of 10.9the biennium.10.10    (z) Designate community information and referral call centers and incorporate 10.11cost reimbursement claims from the designated community information and referral 10.12call centers into the federal cost reimbursement claiming processes of the department 10.13according to federal law, rule, and regulations. Existing information and referral centers 10.14provided by Greater Twin Cities United Way or existing call centers for which Greater 10.15Twin Cities United Way has legal authority to represent, shall be included in these 10.16designations upon review by the commissioner and assurance that these services are 10.17accredited and in compliance with national standards. Any reimbursement is appropriated 10.18to the commissioner and all designated information and referral centers shall receive 10.19payments according to normal department schedules established by the commissioner 10.20upon final approval of allocation methodologies from the United States Department of 10.21Health and Human Services Division of Cost Allocation or other appropriate authorities.10.22    (aa) Develop recommended standards for foster care homes that address the 10.23components of specialized therapeutic services to be provided by foster care homes with 10.24those services.10.25    (bb) Authorize the method of payment to or from the department as part of the 10.26human services programs administered by the department. This authorization includes the 10.27receipt or disbursement of funds held by the department in a fiduciary capacity as part of 10.28the human services programs administered by the department.10.29    (cc) Have the authority to administer a drug rebate program for drugs purchased for 10.30persons eligible for general assistance medical care under section 
         256D.03, subdivision 3. 10.31For manufacturers that agree to participate in the general assistance medical care rebate 10.32program, the commissioner shall enter into a rebate agreement for covered drugs as 10.33defined in section 
         256B.0625, subdivisions 13 and 13d. For each drug, the amount of the 10.34rebate shall be equal to the rebate as defined for purposes of the federal rebate program in 10.35United States Code, title 42, section 1396r-8. The manufacturers must provide payment 10.36within the terms and conditions used for the federal rebate program established under 11.1section 1927 of title XIX of the Social Security Act. The rebate program shall utilize 11.2the terms and conditions used for the federal rebate program established under section 11.31927 of title XIX of the Social Security Act.11.4    Effective January 1, 2006, drug coverage under general assistance medical care shall 11.5be limited to those prescription drugs that:11.6    (1) are covered under the medical assistance program as described in section 11.7256B.0625, subdivisions 13 and 13d
         ; and11.8    (2) are provided by manufacturers that have fully executed general assistance 11.9medical care rebate agreements with the commissioner and comply with such agreements. 11.10Prescription drug coverage under general assistance medical care shall conform to 11.11coverage under the medical assistance program according to section 
         256B.0625, 11.12subdivisions 13 to 13g
         .11.13    The rebate revenues collected under the drug rebate program are deposited in the 11.14general fund.11.15    Sec. 2. Minnesota Statutes 2006, section 259.24, subdivision 3, is amended to read:11.16    Subd. 3. Child. When the child to be adopted is over 14 years of age, the child's 11.17written consent to adoption by a particular person is also shall be necessary. A child 11.18of any age who is under the guardianship of the commissioner and is legally available 11.19for adoption may not refuse or waive the commissioner's agent's exhaustive efforts to 11.20recruit, identify, and place the child in an adoptive home required under section 260C.317, 11.21subdivision 3, paragraph (b), or sign a document relieving county social services agencies 11.22of all recruitment efforts on the child's behalf.11.23    Sec. 3. Minnesota Statutes 2006, section 259.53, subdivision 1, is amended to read:11.24    Subdivision 1. Notice to commissioner; referral for postplacement assessment.11.25    (a) Upon the filing of a petition for adoption of a child who is:11.26    (1) under the guardianship of the commissioner or a licensed child-placing agency 11.27according to section 260C.201, subdivision 11, or 260C.317;11.28    (2) placed by the commissioner, commissioner's agent, or licensed child-placing 11.29agency after a consent to adopt according to section 259.24 or under an agreement 11.30conferring authority to place for adoption according to section 259.25; or11.31    (3) placed by preadoptive custody order for a direct adoptive placement ordered 11.32by the district court under section 259.47,11.33the court administrator shall immediately transmit a copy of the petition to the 11.34commissioner of human services.12.1    (b) The court shall immediately refer the petition to the agency specified below for 12.2completion of a postplacement assessment and report as required by subdivision 2.12.3    (1) If the child to be adopted has been committed to the guardianship of the 12.4commissioner or an agency under section 
         260C.317 or an agency has been given authority 12.5to place the child under section 
         259.25, the court shall refer the petition to that agency, 12.6unless another agency is supervising the placement, in which case the court shall refer the 12.7petition to the supervising agency. 12.8    (2) If the child to be adopted has been placed in the petitioner's home by a direct 12.9adoptive placement, the court shall refer the petition to the agency supervising the 12.10placement under section 
         259.47, subdivision 3, paragraph (a), clause (6). 12.11    (3) If the child is to be adopted by an individual who is related to the child as defined 12.12by section 
         245A.02, subdivision 13, and in all other instances not described in clause (1) 12.13or (2), the court shall refer the petition to the local social services agency of the county in 12.14which the prospective adoptive parent lives. 12.15    Sec. 4. Minnesota Statutes 2006, section 259.57, subdivision 1, is amended to read:12.16    Subdivision 1. Findings; orders. Upon the hearing,12.17    (a) if the court finds that it is in the best interests of the child that the petition 12.18be granted, a decree of adoption shall be made and recorded in the office of the court 12.19administrator, ordering that henceforth the child shall be the child of the petitioner. In the 12.20decree the court may change the name of the child if desired. After the decree is granted12.21for a child who is:12.22    (1) under the guardianship of the commissioner or a licensed child-placing agency 12.23according to section 260C.201, subdivision 11, or 260C.317;12.24    (2) placed by the commissioner, commissioner's agent, or licensed child-placing 12.25agency after a consent to adopt according to section 259.24 or under an agreement 12.26conferring authority to place for adoption according to section 259.25; or12.27    (3) adopted after a direct adoptive placement ordered by the district court under 12.28section 259.47,12.29the court administrator shall immediately mail a copy of the recorded decree to the 12.30commissioner of human services;12.31    (b) if the court is not satisfied that the proposed adoption is in the best interests 12.32of the child, the court shall deny the petition, and shall order the child returned to the 12.33custody of the person or agency legally vested with permanent custody or certify the 12.34case for appropriate action and disposition to the court having jurisdiction to determine 12.35the custody and guardianship of the child.13.1    Sec. 5. Minnesota Statutes 2006, section 259.67, subdivision 7, is amended to read:13.2    Subd. 7. Reimbursement of costs. (a) Subject to rules of the commissioner, and 13.3the provisions of this subdivision a child-placing agency licensed in Minnesota or any 13.4other state, or local or tribal social services agency shall receive a reimbursement from the 13.5commissioner equal to 100 percent of the reasonable and appropriate cost of providing 13.6adoption services for a child certified as eligible for adoption assistance under subdivision 13.74. Such assistance. Adoption services under this subdivision may include adoptive family 13.8recruitment, counseling, and special training when needed. 13.9    (b) An eligible child must have a goal of adoption, which may include an adoption 13.10in accordance with tribal law, and meet one of the following criteria: 13.11    (1) is a ward of the commissioner of human services or a ward of tribal court 13.12pursuant to section 260.755, subdivision 20, who meets one of the criteria in subdivision 13.134, paragraph (b), clause (1), (2), or (3); or 13.14    (2) is under the guardianship of a Minnesota-licensed child-placing agency who 13.15meets one of the criteria in subdivision 4, paragraph (b), clause (1) or (2).13.16    (c) A child-placing agency licensed in Minnesota or any other state shall receive 13.17reimbursement for adoption services it purchases for or directly provides to an eligible 13.18child. Tribal social services shall receive reimbursement for adoption services it purchases 13.19for or directly provides to an eligible child. A local or tribal social services agency shall 13.20receive such reimbursement only for adoption services it purchases for an eligible child.13.21    (b) A child-placing agency licensed in Minnesota or any other state or local or tribal 13.22social services agency seeking reimbursement under this subdivision shall enter into13.23Before providing adoption services for which reimbursement will be sought under this 13.24subdivision, a reimbursement agreement, on the designated format, must be entered into13.25with the commissioner before providing adoption services for which reimbursement 13.26is sought. No reimbursement under this subdivision shall be made to an agency for 13.27services provided prior to entering a reimbursement agreement. Separate reimbursement 13.28agreements shall be made for each child and separate records shall be kept on each child 13.29for whom a reimbursement agreement is made. The commissioner of human services shall 13.30agree that the reimbursement costs are reasonable and appropriate. The commissioner 13.31may spend up to $16,000 for each purchase of service agreement. Only one agreement per 13.32child is allowed, unless an exception is granted by the commissioner. Funds encumbered 13.33and obligated under such an agreement for the child remain available until the terms of 13.34the agreement are fulfilled or the agreement is terminated.13.35    (c) When a local or tribal social services agency uses a purchase of service agreement 13.36to provide services reimbursable under a reimbursement agreement, The commissioner 14.1may shall make reimbursement payments directly to the agency providing the service if 14.2direct reimbursement is specified by the purchase of service agreement, and if the request 14.3for reimbursement is submitted by the local or tribal social services agency along with a 14.4verification that the service was provided.14.5    Sec. 6. Minnesota Statutes 2006, section 259.75, subdivision 8, is amended to read:14.6    Subd. 8. Reasons for deferral. Deferral of the listing of a child with the state 14.7adoption exchange shall be only for one or more of the following reasons:14.8    (a) the child is in an adoptive placement but is not legally adopted;14.9    (b) the child's foster parents or other individuals are now considering adoption;14.10    (c) diagnostic study or testing is required to clarify the child's problem and provide 14.11an adequate description; or14.12    (d) the child is currently in a hospital and continuing need for daily professional care 14.13will not permit placement in a family setting; or.14.14    (e) the child is 14 years of age or older and will not consent to an adoption plan.14.15Approval of a request to defer listing for any of the reasons specified in paragraph (b) or 14.16(c) shall be valid for a period not to exceed 90 days, with no subsequent deferrals for 14.17those reasons.14.18    Sec. 7. Minnesota Statutes 2006, section 260.012, is amended to read:14.19260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 14.20REUNIFICATION; REASONABLE EFFORTS.14.21    (a) Once a child alleged to be in need of protection or services is under the court's 14.22jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 14.23services, by the social services agency are made to prevent placement or to eliminate the 14.24need for removal and to reunite the child with the child's family at the earliest possible 14.25time, and when a child cannot be reunified with the parent or guardian from whom the14.26child was removed, the court must ensure that the responsible social services agency 14.27makes reasonable efforts to finalize an alternative permanent plan for the child as provided 14.28in paragraph (e). In determining reasonable efforts to be made with respect to a child and 14.29in making those reasonable efforts, the child's best interests, health, and safety must be of 14.30paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 14.31reunification are always required except upon a determination by the court that a petition 14.32has been filed stating a prima facie case that:14.33    (1) the parent has subjected a child to egregious harm as defined in section 14.34260C.007, subdivision 14
         ;15.1    (2) the parental rights of the parent to another child have been terminated 15.2involuntarily;15.3    (3) the child is an abandoned infant under section 
         260C.301, subdivision 2, 15.4paragraph (a), clause (2);15.5    (4) the parent's custodial rights to another child have been involuntarily transferred 15.6to a relative under section 
         260C.201, subdivision 11, paragraph (e), clause (1), or a similar 15.7law of another jurisdiction; or15.8    (5) the provision of services or further services for the purpose of reunification is 15.9futile and therefore unreasonable under the circumstances.15.10    (b) When the court makes one of the prima facie determinations under paragraph (a), 15.11either permanency pleadings under section 
         260C.201, subdivision 11, or a termination 15.12of parental rights petition under sections 
         260C.141 and 
         260C.301 must be filed. A 15.13permanency hearing under section 
         260C.201, subdivision 11, must be held within 30 15.14days of this determination.15.15    (c) In the case of an Indian child, in proceedings under sections 
         260B.178 or 15.16260C.178
         , 
         260C.201, and 
         260C.301 the juvenile court must make findings and conclusions 15.17consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 15.181901 et seq., as to the provision of active efforts. In cases governed by the Indian Child 15.19Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social 15.20services agency must provide active efforts as required under United States Code, title 15.2125, section 1911(d).15.22    (d) "Reasonable efforts to prevent placement" means:15.23    (1) the agency has made reasonable efforts to prevent the placement of the child in 15.24foster care; or15.25    (2) given the particular circumstances of the child and family at the time of the 15.26child's removal, there are no services or efforts available which could allow the child to 15.27safely remain in the home.15.28    (e) "Reasonable efforts to finalize a permanent plan for the child" means due 15.29diligence by the responsible social services agency to:15.30    (1) reunify the child with the parent or guardian from whom the child was removed;15.31    (2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 15.32where appropriate, provide services necessary to enable the noncustodial parent to safely 15.33provide the care, as required by section 
         260C.212, subdivision 4;15.34    (3) conduct a relative search as required under section 
         260C.212, subdivision 5; and15.35    (4) when the child cannot return to the parent or guardian from whom the child was 15.36removed, to plan for and finalize a safe and legally permanent alternative home for the 16.1child, and considers permanent alternative homes for the child inside or outside of the 16.2state, preferably through adoption or transfer of permanent legal and physical custody of 16.3the child.16.4    (f) Reasonable efforts are made upon the exercise of due diligence by the responsible 16.5social services agency to use culturally appropriate and available services to meet the 16.6needs of the child and the child's family. Services may include those provided by the 16.7responsible social services agency and other culturally appropriate services available in 16.8the community. At each stage of the proceedings where the court is required to review 16.9the appropriateness of the responsible social services agency's reasonable efforts as 16.10described in paragraphs (a), (d), and (e), the social services agency has the burden of 16.11demonstrating that:16.12    (1) it has made reasonable efforts to prevent placement of the child in foster care;16.13    (2) it has made reasonable efforts to eliminate the need for removal of the child from 16.14the child's home and to reunify the child with the child's family at the earliest possible time;16.15    (3) it has made reasonable efforts to finalize an alternative permanent home for 16.16the child, and considers permanent alternative homes for the child inside or outside of 16.17the state; or16.18    (4) reasonable efforts to prevent placement and to reunify the child with the parent 16.19or guardian are not required. The agency may meet this burden by stating facts in a sworn 16.20petition filed under section 
         260C.141, by filing an affidavit summarizing the agency's 16.21reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 16.22efforts to reunify the parent and child, or through testimony or a certified report required 16.23under juvenile court rules.16.24    (g) Once the court determines that reasonable efforts for reunification are not 16.25required because the court has made one of the prima facie determinations under paragraph 16.26(a), the court may only require reasonable efforts for reunification after a hearing according 16.27to section 
         260C.163, where the court finds there is not clear and convincing evidence of 16.28the facts upon which the court based its prima facie determination. In this case when there 16.29is clear and convincing evidence that the child is in need of protection or services, the 16.30court may find the child in need of protection or services and order any of the dispositions 16.31available under section 
         260C.201, subdivision 1. Reunification of a surviving child with a 16.32parent is not required if the parent has been convicted of:16.33    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections 16.34609.185
          to 
         609.20; 
         609.222, subdivision 2; or 
         609.223 in regard to another child of the 16.35parent;17.1    (2) a violation of section 
         609.222, subdivision 2; or 
         609.223, in regard to the 17.2surviving child; or17.3    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States 17.4Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.17.5    (h) The juvenile court, in proceedings under sections 
         260B.178 or 
         260C.178, 17.6260C.201
         , and 
         260C.301 shall make findings and conclusions as to the provision of 17.7reasonable efforts. When determining whether reasonable efforts have been made, the 17.8court shall consider whether services to the child and family were:17.9    (1) relevant to the safety and protection of the child;17.10    (2) adequate to meet the needs of the child and family;17.11    (3) culturally appropriate;17.12    (4) available and accessible;17.13    (5) consistent and timely; and17.14    (6) realistic under the circumstances.17.15    In the alternative, the court may determine that provision of services or further 17.16services for the purpose of rehabilitation is futile and therefore unreasonable under the 17.17circumstances or that reasonable efforts are not required as provided in paragraph (a).17.18    (i) This section does not prevent out-of-home placement for treatment of a child with 17.19a mental disability when the child's diagnostic assessment or individual treatment plan 17.20indicates that appropriate and necessary treatment cannot be effectively provided outside 17.21of a residential or inpatient treatment program.17.22    (j) If continuation of reasonable efforts to prevent placement or reunify the child 17.23with the parent or guardian from whom the child was removed is determined by the court 17.24to be inconsistent with the permanent plan for the child or upon the court making one of 17.25the prima facie determinations under paragraph (a), reasonable efforts must be made to 17.26place the child in a timely manner in a safe and permanent home and to complete whatever 17.27steps are necessary to legally finalize the permanent placement of the child.17.28    (k) Reasonable efforts to place a child for adoption or in another permanent 17.29placement may be made concurrently with reasonable efforts to prevent placement or to 17.30reunify the child with the parent or guardian from whom the child was removed. When 17.31the responsible social services agency decides to concurrently make reasonable efforts for 17.32both reunification and permanent placement away from the parent under paragraph (a), the 17.33agency shall disclose its decision and both plans for concurrent reasonable efforts to all 17.34parties and the court. When the agency discloses its decision to proceed on both plans for 17.35reunification and permanent placement away from the parent, the court's review of the 17.36agency's reasonable efforts shall include the agency's efforts under both plans.18.1    Sec. 8. Minnesota Statutes 2006, section 260.755, subdivision 12, is amended to read:18.2    Subd. 12. Indian tribe. "Indian tribe" means an Indian tribe, band, nation, or 18.3other organized group or community of Indians recognized as eligible for the services 18.4provided to Indians by the secretary because of their status as Indians, including any band18.5Native group under the Alaska Native Claims Settlement Act, United States Code, title 43, 18.6section 1602, and exercising tribal governmental powers.18.7    Sec. 9. Minnesota Statutes 2006, section 260.755, subdivision 20, is amended to read:18.8    Subd. 20. Tribal court. "Tribal court" means a court with federally recognized18.9jurisdiction over child custody proceedings and which is either a court of Indian offenses, 18.10or a court established and operated under the code or custom of an Indian tribe, or the18.11any other administrative body of a tribe which is vested with authority over child custody 18.12proceedings. Except as provided in section 
         260.771, subdivision 5, nothing in this chapter 18.13shall be construed as conferring jurisdiction on an Indian tribe. 18.14    Sec. 10. Minnesota Statutes 2006, section 260.761, subdivision 7, is amended to read:18.15    Subd. 7. Identification of extended family members. Any agency considering 18.16placement of an Indian child shall make reasonable active efforts to identify and locate 18.17extended family members.18.18    Sec. 11. Minnesota Statutes 2006, section 260.765, subdivision 5, is amended to read:18.19    Subd. 5. Identification of extended family members. Any agency considering 18.20placement of an Indian child shall make reasonable active efforts to identify and locate 18.21extended family members.18.22    Sec. 12. Minnesota Statutes 2006, section 260.771, subdivision 1, is amended to read:18.23    Subdivision 1. Indian tribe jurisdiction. An Indian tribe with a tribal court has 18.24exclusive jurisdiction over a child placement proceeding involving an Indian child who 18.25resides or is domiciled within the reservation of such the tribe at the commencement of 18.26the proceedings, except where jurisdiction is otherwise vested in the state by existing 18.27federal law. When an Indian child is in the legal custody of a person or agency pursuant 18.28to an order of a ward of the tribal court, the Indian tribe retains exclusive jurisdiction, 18.29notwithstanding the residence or domicile of the child.18.30    Sec. 13. Minnesota Statutes 2006, section 260.771, subdivision 2, is amended to read:19.1    Subd. 2. Court determination of tribal affiliation of child. In any child placement 19.2proceeding, the court shall establish whether an Indian child is involved and the identity 19.3of the Indian child's tribe. This chapter and the federal Indian Child Welfare Act are 19.4applicable without exception in any child custody proceeding, as defined in the federal act, 19.5involving an Indian child. This chapter applies to child custody proceedings involving 19.6an Indian child whether the child is in the physical or legal custody of an Indian parent, 19.7Indian custodian, Indian extended family member, or other person at the commencement 19.8of the proceedings. A court shall not determine the applicability of this chapter or the 19.9federal Indian Child Welfare Act to a child custody proceeding based upon whether an 19.10Indian child is part of an existing Indian family or based upon the level of contact a child 19.11has with the child's Indian tribe, reservation, society, or off-reservation community.19.12    Sec. 14. [260.852] PLACEMENT PROCEDURES.19.13    Subdivision 1.Home study.The state must have procedures for the orderly and 19.14timely interstate placement of children that are implemented in accordance with an 19.15interstate compact and that, within 60 days after the state receives from another state a 19.16request to conduct a study of a home environment for purposes of assessing the safety 19.17and suitability of placing a child in the home, the state shall, directly or by contract, 19.18conduct and complete a home study and return to the other state a report on the results of 19.19the study, which shall address the extent to which placement in the home would meet the 19.20needs of the child; except in the case of a home study begun before October 1, 2008, if the 19.21state fails to comply with conducting and completing the home study within the 60-day 19.22period and this is as a result of circumstances beyond the control of the state, the state has 19.2375 days to comply if the state documents the circumstances involved and certifies that 19.24completing the home study is in the best interests of the child. 19.25    This subdivision does not require the completion within the applicable period of 19.26the parts of the home study involving the education and training of the prospective foster 19.27or adoptive parents.19.28    Subd. 2.Effect of received report.The state shall treat any report described in 19.29subdivision 1 that is received from another state, an Indian tribe, or a private agency 19.30under contract with another state or Indian tribe as meeting any requirements imposed by 19.31the state for the completion of a home study before placing a child in the home, unless, 19.32within 14 days after receipt of the report, the state determines, based on grounds that 19.33are specific to the content of the report, that making a decision in reliance on the report 19.34would be contrary to the welfare of the child.20.1    Subd. 3.Resources.The state shall make effective use of cross-jurisdictional 20.2resources, including through contract for the purchase of services, and shall eliminate 20.3legal barriers to facilitate timely adoptive or permanent placements for waiting children. 20.4The state shall not impose any restriction on the use of private agencies for the purpose of 20.5conducting a home study to meet the 60-day requirement.20.6    Subd. 4.Incentive eligibility.Minnesota is an incentive-eligible state and must:20.7    (1) have an approved plan as required by the United States Secretary of Health 20.8and Human Services;20.9    (2) be in compliance with the data requirements of the United States Department of 20.10Health and Human Services; and20.11    (3) have data that verify that a home study is completed within 30 days.20.12    Subd. 5.Data requirements.The state shall provide to the United States Secretary 20.13of Health and Human Services a written report, covering the preceding fiscal year, that 20.14specifies:20.15    (1) the total number of interstate home studies requested by the state with respect 20.16to children in foster care under the responsibility of the state, and with respect to each 20.17study, the identity of the other state involved;20.18    (2) the total number of timely interstate home studies completed by the state with 20.19respect to children in foster care under the responsibility of other states and, with respect 20.20to each study, the identity of the other state involved; and20.21    (3) other information the United States Secretary of Health and Human Services 20.22requires in order to determine whether Minnesota is a home study incentive-eligible state.20.23    Subd. 6.Definitions.(a) The definitions in this subdivision apply to this section.20.24    (b) "Home study" means an evaluation of a home environment conducted in 20.25accordance with applicable requirements of the state in which the home is located, to 20.26determine whether a proposed placement of a child would meet the individual needs of the 20.27child, including the child's safety; permanency; health; well-being; and mental, emotional, 20.28and physical development.20.29    (c) "Interstate home study" means a home study conducted by a state at the request 20.30of another state to facilitate an adoptive or foster placement in the state of a child in foster 20.31care under the responsibility of the state.20.32    (d) "Timely interstate home study" means an interstate home study completed by a 20.33state if the state provides to the state that requested the study, within 30 days after receipt 20.34of the request, a report on the results of the study, except that there is no requirement 20.35for completion within the 30-day period of the parts of the home study involving the 20.36education and training of the prospective foster or adoptive parents.21.1    Subd. 7.Background study requirements for adoption and foster care.(a) 21.2Background study requirements for an adoption home study must be completed consistent 21.3with section 259.41, subdivisions 1, 2, and 3.21.4    (b) Background study requirements for a foster care license must be completed 21.5consistent with section 245C.08.21.6    Subd. 8.Home visits.If a child has been placed in foster care outside the state in 21.7which the home of the parents of the child is located, periodically, but at least every six 21.8months, a caseworker on the staff of the agency of the state in which the home of the 21.9parents of the child is located or the state in which the child has been placed, or a private 21.10agency under contract with either state, must visit the child in the home or institution and 21.11submit a report on each visit to the agency of the state in which the home of the parents of 21.12the child is located.21.13    Sec. 15. Minnesota Statutes 2006, section 260B.157, subdivision 1, is amended to read:21.14    Subdivision 1. Investigation. Upon request of the court the local social services 21.15agency or probation officer shall investigate the personal and family history and 21.16environment of any minor coming within the jurisdiction of the court under section 21.17260B.101
          and shall report its findings to the court. The court may order any minor coming 21.18within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or 21.19psychologist appointed by the court. 21.20    The court shall have order a chemical use assessment conducted when a child is 21.21(1) found to be delinquent for violating a provision of chapter 152, or for committing a 21.22felony-level violation of a provision of chapter 609 if the probation officer determines 21.23that alcohol or drug use was a contributing factor in the commission of the offense, or 21.24(2) alleged to be delinquent for violating a provision of chapter 152, if the child is being 21.25held in custody under a detention order. The assessor's qualifications and the assessment 21.26criteria shall comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under 21.27chapter 254B are to be used to pay for the recommended treatment, the assessment and 21.28placement must comply with all provisions of Minnesota Rules, parts 9530.6600 to 21.299530.6655 and 9530.7000 to 9530.7030. The commissioner of human services shall 21.30reimburse the court for the cost of the chemical use assessment, up to a maximum of $100.21.31    The court shall have order a children's mental health screening conducted when 21.32a child is found to be delinquent. The screening shall be conducted with a screening 21.33instrument approved by the commissioner of human services and shall be conducted by a 21.34mental health practitioner as defined in section 
         245.4871, subdivision 26, or a probation 21.35officer who is trained in the use of the screening instrument. If the screening indicates 22.1a need for assessment, the local social services agency, in consultation with the child's 22.2family, shall have a diagnostic assessment conducted, including a functional assessment, 22.3as defined in section 
         245.4871. 22.4    With the consent of the commissioner of corrections and agreement of the county to 22.5pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction 22.6in an institution maintained by the commissioner for the detention, diagnosis, custody and 22.7treatment of persons adjudicated to be delinquent, in order that the condition of the minor 22.8be given due consideration in the disposition of the case. Any funds received under the 22.9provisions of this subdivision shall not cancel until the end of the fiscal year immediately 22.10following the fiscal year in which the funds were received. The funds are available for 22.11use by the commissioner of corrections during that period and are hereby appropriated 22.12annually to the commissioner of corrections as reimbursement of the costs of providing 22.13these services to the juvenile courts.22.14    Sec. 16. Minnesota Statutes 2006, section 260C.152, subdivision 5, is amended to read:22.15    Subd. 5. Notice to foster parents and preadoptive parents and relatives. The 22.16foster parents, if any, of a child and any preadoptive parent or relative providing care 22.17for the child must be provided notice of and an opportunity a right to be heard in any 22.18review or hearing to be held with respect to the child. Any other relative may also request, 22.19and must be granted, a notice and the opportunity to be heard under this section. This 22.20subdivision does not require that a foster parent, preadoptive parent, or relative providing 22.21care for the child be made a party to a review or hearing solely on the basis of the notice 22.22and opportunity right to be heard.22.23    Sec. 17. Minnesota Statutes 2006, section 260C.163, subdivision 1, is amended to read:22.24    Subdivision 1. General. (a) Except for hearings arising under section 
         260C.425, 22.25hearings on any matter shall be without a jury and may be conducted in an informal 22.26manner. In all adjudicatory proceedings involving a child alleged to be in need of 22.27protection or services, the court shall admit only evidence that would be admissible in a 22.28civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of 22.29protection or services must be proved by clear and convincing evidence. 22.30    (b) Except for proceedings involving a child alleged to be in need of protection or 22.31services and petitions for the termination of parental rights, hearings may be continued or 22.32adjourned from time to time. In proceedings involving a child alleged to be in need of 22.33protection or services and petitions for the termination of parental rights, hearings may not 22.34be continued or adjourned for more than one week unless the court makes specific findings 23.1that the continuance or adjournment is in the best interests of the child. If a hearing is held 23.2on a petition involving physical or sexual abuse of a child who is alleged to be in need of 23.3protection or services or neglected and in foster care, the court shall file the decision with 23.4the court administrator as soon as possible but no later than 15 days after the matter is 23.5submitted to the court. When a continuance or adjournment is ordered in any proceeding, 23.6the court may make any interim orders as it deems in the best interests of the minor in 23.7accordance with the provisions of sections 
         260C.001 to 
         260C.421. 23.8    (c) Except as otherwise provided in this paragraph, the court shall exclude the 23.9general public from hearings under this chapter and shall admit only those persons who, in 23.10the discretion of the court, have a direct interest in the case or in the work of the court.23.11    (d) Adoption hearings shall be conducted in accordance with the provisions of 23.12laws relating to adoptions.23.13    (e) In any permanency hearing, including the transition of a child from foster care 23.14to independent living, the court shall ensure that any consult with the child is in an 23.15age-appropriate manner.23.16    Sec. 18. Minnesota Statutes 2006, section 260C.201, subdivision 11, is amended to 23.17read:23.18    Subd. 11. Review of court-ordered placements; permanent placement 23.19determination. (a) This subdivision and subdivision 11a do not apply in cases where 23.20the child is in placement due solely to the child's developmental disability or emotional 23.21disturbance, where legal custody has not been transferred to the responsible social services 23.22agency, and where the court finds compelling reasons under section 
         260C.007, subdivision 23.238
         , to continue the child in foster care past the time periods specified in this subdivision. 23.24Foster care placements of children due solely to their disability are governed by section 23.25260C.141, subdivision 2a
         . In all other cases where the child is in foster care or in the care 23.26of a noncustodial parent under subdivision 1, the court shall commence proceedings 23.27to determine the permanent status of a child not later than 12 months after the child is 23.28placed in foster care or in the care of a noncustodial parent. At the admit-deny hearing 23.29commencing such proceedings, the court shall determine whether there is a prima facie 23.30basis for finding that the agency made reasonable efforts, or in the case of an Indian 23.31child active efforts, required under section 
         260.012 and proceed according to the rules of 23.32juvenile court.23.33    For purposes of this subdivision, the date of the child's placement in foster care is 23.34the earlier of the first court-ordered placement or 60 days after the date on which the 23.35child has been voluntarily placed in foster care by the child's parent or guardian. For 24.1purposes of this subdivision, time spent by a child under the protective supervision of 24.2the responsible social services agency in the home of a noncustodial parent pursuant to 24.3an order under subdivision 1 counts towards the requirement of a permanency hearing 24.4under this subdivision or subdivision 11a. Time spent on a trial home visit does not count24.5counts towards the requirement of a permanency hearing under this subdivision orand a 24.6permanency review for a child under eight years of age under subdivision 11a.24.7    For purposes of this subdivision, 12 months is calculated as follows:24.8    (1) during the pendency of a petition alleging that a child is in need of protection 24.9or services, all time periods when a child is placed in foster care or in the home of a 24.10noncustodial parent are cumulated;24.11    (2) if a child has been placed in foster care within the previous five years under one 24.12or more previous petitions, the lengths of all prior time periods when the child was placed 24.13in foster care within the previous five years are cumulated. If a child under this clause 24.14has been in foster care for 12 months or more, the court, if it is in the best interests of the 24.15child and for compelling reasons, may extend the total time the child may continue out 24.16of the home under the current petition up to an additional six months before making a 24.17permanency determination.24.18    (b) Unless the responsible social services agency recommends return of the child 24.19to the custodial parent or parents, not later than 30 days prior to the admit-deny hearing 24.20required under paragraph (a) and the rules of juvenile court, the responsible social services 24.21agency shall file pleadings in juvenile court to establish the basis for the juvenile court to 24.22order permanent placement of the child, including a termination of parental rights petition, 24.23according to paragraph (d). Notice of the hearing and copies of the pleadings must be 24.24provided pursuant to section 
         260C.152.24.25    (c) The permanency proceedings shall be conducted in a timely fashion including 24.26that any trial required under section 
         260C.163 shall be commenced within 60 days of the 24.27admit-deny hearing required under paragraph (a). At the conclusion of the permanency 24.28proceedings, the court shall:24.29    (1) order the child returned to the care of the parent or guardian from whom the 24.30child was removed; or24.31    (2) order a permanent placement or termination of parental rights if permanent 24.32placement or termination of parental rights is in the child's best interests. The "best 24.33interests of the child" means all relevant factors to be considered and evaluated. Transfer 24.34of permanent legal and physical custody, termination of parental rights, or guardianship 24.35and legal custody to the commissioner through a consent to adopt are preferred 24.36permanency options for a child who cannot return home.25.1    (d) If the child is not returned to the home, the court must order one of the following 25.2dispositions:25.3    (1) permanent legal and physical custody to a relative in the best interests of the 25.4child according to the following conditions:25.5    (i) an order for transfer of permanent legal and physical custody to a relative shall 25.6only be made after the court has reviewed the suitability of the prospective legal and 25.7physical custodian;25.8    (ii) in transferring permanent legal and physical custody to a relative, the juvenile 25.9court shall follow the standards applicable under this chapter and chapter 260, and the 25.10procedures set out in the juvenile court rules;25.11    (iii) an order establishing permanent legal and physical custody under this 25.12subdivision must be filed with the family court;25.13    (iv) a transfer of legal and physical custody includes responsibility for the protection, 25.14education, care, and control of the child and decision making on behalf of the child;25.15    (v) the social services agency may bring a petition or motion naming a fit and 25.16willing relative as a proposed permanent legal and physical custodian. The commissioner 25.17of human services shall annually prepare for counties information that must be given to 25.18proposed custodians about their legal rights and obligations as custodians together with 25.19information on financial and medical benefits for which the child is eligible; and25.20    (vi) the juvenile court may maintain jurisdiction over the responsible social services 25.21agency, the parents or guardian of the child, the child, and the permanent legal and 25.22physical custodian for purposes of ensuring appropriate services are delivered to the child 25.23and permanent legal custodian or for the purpose of ensuring conditions ordered by the 25.24court related to the care and custody of the child are met;25.25    (2) termination of parental rights when the requirements of sections 
         260C.301 to 25.26260C.328
          are met or according to the following conditions:25.27    (i) order the social services agency to file a petition for termination of parental 25.28rights in which case all the requirements of sections 
         260C.301 to 
         260C.328 remain 25.29applicable; and25.30    (ii) an adoption completed subsequent to a determination under this subdivision may 25.31include an agreement for communication or contact under section 
         259.58;25.32    (3) long-term foster care according to the following conditions:25.33    (i) the court may order a child into long-term foster care only if it approves the 25.34responsible social service agency's compelling reasons that neither an award of permanent 25.35legal and physical custody to a relative, nor termination of parental rights is in the child's 25.36best interests;26.1    (ii) further, the court may only order long-term foster care for the child under this 26.2section if it finds the following:26.3    (A) the child has reached age 12 and the responsible social services agency has made 26.4reasonable efforts to locate and place the child with an adoptive family or with a fit and 26.5willing relative who will agree to a transfer of permanent legal and physical custody of 26.6the child, but such efforts have not proven successful; or26.7    (B) the child is a sibling of a child described in subitem (A) and the siblings have 26.8a significant positive relationship and are ordered into the same long-term foster care 26.9home; and26.10    (iii) at least annually, the responsible social services agency reconsiders its provision 26.11of services to the child and the child's placement in long-term foster care to ensure that:26.12    (A) long-term foster care continues to be the most appropriate legal arrangement 26.13for meeting the child's need for permanency and stability, including whether there is 26.14another permanent placement option under this chapter that would better serve the child's 26.15needs and best interests;26.16    (B) whenever possible, there is an identified long-term foster care family that is 26.17committed to being the foster family for the child as long as the child is a minor or under 26.18the jurisdiction of the court;26.19    (C) the child is receiving appropriate services or assistance to maintain or build 26.20connections with the child's family and community;26.21    (D) the child's physical and mental health needs are being appropriately provided 26.22for; and26.23    (E) the child's educational needs are being met;26.24    (4) foster care for a specified period of time according to the following conditions:26.25    (i) foster care for a specified period of time may be ordered only if:26.26    (A) the sole basis for an adjudication that the child is in need of protection or 26.27services is the child's behavior;26.28    (B) the court finds that foster care for a specified period of time is in the best 26.29interests of the child; and26.30    (C) the court approves the responsible social services agency's compelling reasons 26.31that neither an award of permanent legal and physical custody to a relative, nor termination 26.32of parental rights is in the child's best interests;26.33    (ii) the order does not specify that the child continue in foster care for any period 26.34exceeding one year; or26.35    (5) guardianship and legal custody to the commissioner of human services under 26.36the following procedures and conditions:27.1    (i) there is an identified prospective adoptive home agreed to by the responsible 27.2social services agency having legal custody of the child pursuant to court order under this 27.3section that has agreed to adopt the child and the court accepts the parent's voluntary 27.4consent to adopt under section 
         259.24, except that such consent executed by a parent under 27.5this item, following proper notice that consent given under this provision is irrevocable 27.6upon acceptance by the court, shall be irrevocable unless fraud is established and an order 27.7issues permitting revocation as stated in item (vii);27.8    (ii) if the court accepts a consent to adopt in lieu of ordering one of the other 27.9enumerated permanency dispositions, the court must review the matter at least every 90 27.10days. The review will address the reasonable efforts of the agency to achieve a finalized 27.11adoption;27.12    (iii) a consent to adopt under this clause vests all legal authority regarding the child, 27.13including guardianship and legal custody of the child, with the commissioner of human 27.14services as if the child were a state ward after termination of parental rights;27.15    (iv) the court must forward a copy of the consent to adopt, together with a certified 27.16copy of the order transferring guardianship and legal custody to the commissioner, to 27.17the commissioner;27.18    (v) if an adoption is not finalized by the identified prospective adoptive parent within 27.1912 months of the execution of the consent to adopt under this clause, the commissioner of 27.20human services or the commissioner's delegate shall pursue adoptive placement in another 27.21home unless the commissioner certifies that the failure to finalize is not due to either an 27.22action or a failure to act by the prospective adoptive parent;27.23    (vi) notwithstanding item (v), the commissioner of human services or the 27.24commissioner's designee must pursue adoptive placement in another home as soon as the 27.25commissioner or commissioner's designee determines that finalization of the adoption with 27.26the identified prospective adoptive parent is not possible, that the identified prospective 27.27adoptive parent is not willing to adopt the child, that the identified prospective adoptive 27.28parent is not cooperative in completing the steps necessary to finalize the adoption, or 27.29upon the commissioner's determination to withhold consent to the adoption.27.30    (vii) unless otherwise required by the Indian Child Welfare Act, United States Code, 27.31title 25, section 1913, a consent to adopt executed under this section, following proper 27.32notice that consent given under this provision is irrevocable upon acceptance by the court, 27.33shall be irrevocable upon acceptance by the court except upon order permitting revocation 27.34issued by the same court after written findings that consent was obtained by fraud.27.35    (e) In ordering a permanent placement of a child, the court must be governed by the 27.36best interests of the child, including a review of the relationship between the child and 28.1relatives and the child and other important persons with whom the child has resided or 28.2had significant contact. When the court has determined that permanent placement of the 28.3child away from the parent is necessary, the court shall consider permanent alternative 28.4homes that are available both inside and outside the state.28.5    (f) Once a permanent placement determination has been made and permanent 28.6placement has been established, further court reviews are necessary if:28.7    (1) the placement is long-term foster care or foster care for a specified period of time;28.8    (2) the court orders further hearings because it has retained jurisdiction of a transfer 28.9of permanent legal and physical custody matter;28.10    (3) an adoption has not yet been finalized; or28.11    (4) there is a disruption of the permanent or long-term placement.28.12    (g) Court reviews of an order for long-term foster care, whether under this section 28.13or section 
         260C.317, subdivision 3, paragraph (d), must be conducted at least yearly and 28.14must review the child's out-of-home placement plan and the reasonable efforts of the 28.15agency to finalize the permanent plan for the child including the agency's efforts to:28.16    (1) ensure that long-term foster care continues to be the most appropriate legal 28.17arrangement for meeting the child's need for permanency and stability or, if not, to identify 28.18and attempt to finalize another permanent placement option under this chapter that would 28.19better serve the child's needs and best interests;28.20    (2) identify a specific long-term foster home for the child, if one has not already 28.21been identified;28.22    (3) support continued placement of the child in the identified home, if one has been 28.23identified;28.24    (4) ensure appropriate services are provided to address the physical health, mental 28.25health, and educational needs of the child during the period of long-term foster care and 28.26also ensure appropriate services or assistance to maintain relationships with appropriate 28.27family members and the child's community; and28.28    (5) plan for the child's independence upon the child's leaving long-term foster care 28.29living as required under section 
         260C.212, subdivision 1.28.30    (h) In the event it is necessary for a child that has been ordered into foster care for a 28.31specified period of time to be in foster care longer than one year after the permanency 28.32hearing held under this section, not later than 12 months after the time the child was 28.33ordered into foster care for a specified period of time, the matter must be returned to 28.34court for a review of the appropriateness of continuing the child in foster care and of the 28.35responsible social services agency's reasonable efforts to finalize a permanent plan for 28.36the child; if it is in the child's best interests to continue the order for foster care for a 29.1specified period of time past a total of 12 months, the court shall set objectives for the 29.2child's continuation in foster care, specify any further amount of time the child may be in 29.3foster care, and review the plan for the safe return of the child to the parent.29.4    (i) An order permanently placing a child out of the home of the parent or guardian 29.5must include the following detailed findings:29.6    (1) how the child's best interests are served by the order;29.7    (2) the nature and extent of the responsible social service agency's reasonable efforts, 29.8or, in the case of an Indian child, active efforts to reunify the child with the parent or 29.9guardian where reasonable efforts are required;29.10    (3) the parent's or parents' efforts and ability to use services to correct the conditions 29.11which led to the out-of-home placement; and29.12    (4) that the conditions which led to the out-of-home placement have not been 29.13corrected so that the child can safely return home.29.14    (j) An order for permanent legal and physical custody of a child may be modified 29.15under sections 
         518.18 and 
         518.185. The social services agency is a party to the proceeding 29.16and must receive notice. A parent may only seek modification of an order for long-term 29.17foster care upon motion and a showing by the parent of a substantial change in the parent's 29.18circumstances such that the parent could provide appropriate care for the child and that 29.19removal of the child from the child's permanent placement and the return to the parent's 29.20care would be in the best interest of the child. The responsible social services agency may 29.21ask the court to vacate an order for long-term foster care upon a prima facie showing 29.22that there is a factual basis for the court to order another permanency option under this 29.23chapter and that such an option is in the child's best interests. Upon a hearing where 29.24the court determines that there is a factual basis for vacating the order for long-term 29.25foster care and that another permanent order regarding the placement of the child is in 29.26the child's best interests, the court may vacate the order for long-term foster care and 29.27enter a different order for permanent placement that is in the child's best interests. The 29.28court shall not require further reasonable efforts to reunify the child with the parent or 29.29guardian as a basis for vacating the order for long-term foster care and ordering a different 29.30permanent placement in the child's best interests. The county attorney must file pleadings 29.31and give notice as required under the rules of juvenile court in order to modify an order for 29.32long-term foster care under this paragraph.29.33    (k) The court shall issue an order required under this section within 15 days of the 29.34close of the proceedings. The court may extend issuing the order an additional 15 days 29.35when necessary in the interests of justice and the best interests of the child.30.1    (l) This paragraph applies to proceedings required under this subdivision when 30.2the child is on a trial home visit:30.3    (1) if the child is on a trial home visit 12 months after the child was placed in 30.4foster care or in the care of a noncustodial parent as calculated in this subdivision, the 30.5responsible social services agency may file a report with the court regarding the child's and 30.6parent's progress on the trial home visit and its reasonable efforts to finalize the child's safe 30.7and permanent return to the care of the parent in lieu of filing the pleadings required under 30.8paragraph (b). The court shall make findings regarding reasonableness of the responsible 30.9social services efforts to finalize the child's return home as the permanent order in the best 30.10interests of the child. The court may continue the trial home visit to a total time not to 30.11exceed six months as provided in subdivision 1. If the court finds the responsible social 30.12services agency has not made reasonable efforts to finalize the child's return home as the 30.13permanent order in the best interests of the child, the court may order other or additional 30.14efforts to support the child remaining in the care of the parent; and30.15    (2) if a trial home visit ordered or continued at proceedings under this subdivision 30.16terminates, the court shall re-commence proceedings under this subdivision to determine 30.17the permanent status of the child not later than 30 days after the child is returned to foster 30.18care.30.19    Sec. 19. Minnesota Statutes 2006, section 260C.212, subdivision 1, is amended to read:30.20    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan 30.21shall be prepared within 30 days after any child is placed in a residential facility by court 30.22order or by the voluntary release of the child by the parent or parents.30.23    For purposes of this section, a residential facility means any group home, family 30.24foster home or other publicly supported out-of-home residential facility, including any 30.25out-of-home residential facility under contract with the state, county or other political 30.26subdivision, or any agency thereof, to provide those services or foster care as defined in 30.27section 
         260C.007, subdivision 18.30.28    (b) An out-of-home placement plan means a written document which is prepared by 30.29the responsible social services agency jointly with the parent or parents or guardian of the 30.30child and in consultation with the child's guardian ad litem, the child's tribe, if the child is 30.31an Indian child, the child's foster parent or representative of the residential facility, and, 30.32where appropriate, the child. For a child in placement due solely or in part to the child's 30.33emotional disturbance, preparation of the out-of-home placement plan shall additionally 30.34include the child's mental health treatment provider. As appropriate, the plan shall be:30.35    (1) submitted to the court for approval under section 
         260C.178, subdivision 7;31.1    (2) ordered by the court, either as presented or modified after hearing, under section 31.2260C.178, subdivision 7
         , or 
         260C.201, subdivision 6; and31.3    (3) signed by the parent or parents or guardian of the child, the child's guardian ad 31.4litem, a representative of the child's tribe, the responsible social services agency, and, if 31.5possible, the child.31.6    (c) The out-of-home placement plan shall be explained to all persons involved in its 31.7implementation, including the child who has signed the plan, and shall set forth:31.8    (1) a description of the residential facility including how the out-of-home placement 31.9plan is designed to achieve a safe placement for the child in the least restrictive, most 31.10family-like, setting available which is in close proximity to the home of the parent or 31.11parents or guardian of the child when the case plan goal is reunification, and how the 31.12placement is consistent with the best interests and special needs of the child according to 31.13the factors under subdivision 2, paragraph (b);31.14    (2) the specific reasons for the placement of the child in a residential facility, and 31.15when reunification is the plan, a description of the problems or conditions in the home of 31.16the parent or parents which necessitated removal of the child from home and the changes 31.17the parent or parents must make in order for the child to safely return home;31.18    (3) a description of the services offered and provided to prevent removal of the child 31.19from the home and to reunify the family including:31.20    (i) the specific actions to be taken by the parent or parents of the child to eliminate 31.21or correct the problems or conditions identified in clause (2), and the time period during 31.22which the actions are to be taken; and31.23    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 31.24to achieve a safe and stable home for the child including social and other supportive 31.25services to be provided or offered to the parent or parents or guardian of the child, the 31.26child, and the residential facility during the period the child is in the residential facility;31.27    (4) a description of any services or resources that were requested by the child or the 31.28child's parent, guardian, foster parent, or custodian since the date of the child's placement 31.29in the residential facility, and whether those services or resources were provided and if 31.30not, the basis for the denial of the services or resources;31.31    (5) the visitation plan for the parent or parents or guardian, other relatives as defined 31.32in section 
         260C.007, subdivision 27, and siblings of the child if the siblings are not placed 31.33together in the residential facility, and whether visitation is consistent with the best interest 31.34of the child, during the period the child is in the residential facility;31.35    (6) documentation of steps to finalize the adoption or legal guardianship of the child 31.36if the court has issued an order terminating the rights of both parents of the child or of 32.1the only known, living parent of the child, and. At a minimum, the documentation must 32.2include child-specific recruitment efforts such as relative search and the use of state, 32.3regional, and national adoption exchanges to facilitate orderly and timely placements in 32.4and outside of the state. A copy of this documentation shall be provided to the court in the 32.5review required under section 
         260C.317, subdivision 3, paragraph (b);32.6    (7) to the extent available and accessible, the health and educational records of the 32.7child including the most recent information available regarding:32.8    (i) the names and addresses of the child's health and educational providers;32.9    (ii) the child's grade level performance;32.10    (iii) the child's school record;32.11    (iv) assurances that the child's placement in foster care takes into account proximity 32.12to the school in which the child is enrolled at the time of placement;32.13    (v) a record of the child's immunizations;32.14    (vi) the child's known medical problems, including any known communicable 32.15diseases, as defined in section 
         144.4172, subdivision 2;32.16    (vii) the child's medications; and32.17    (viii) any other relevant health and education information;32.18    (8) an independent living plan for a child age 16 or older who is in placement as 32.19a result of a permanency disposition. The plan should include, but not be limited to, 32.20the following objectives:32.21    (i) educational, vocational, or employment planning;32.22    (ii) health care planning and medical coverage;32.23    (iii) transportation including, where appropriate, assisting the child in obtaining a 32.24driver's license;32.25    (iv) money management;32.26    (v) planning for housing;32.27    (vi) social and recreational skills; and32.28    (vii) establishing and maintaining connections with the child's family and 32.29community; and32.30    (9) for a child in placement due solely or in part to the child's emotional disturbance, 32.31diagnostic and assessment information, specific services relating to meeting the mental 32.32health care needs of the child, and treatment outcomes.32.33    (d) The parent or parents or guardian and the child each shall have the right to legal 32.34counsel in the preparation of the case plan and shall be informed of the right at the time 32.35of placement of the child. The child shall also have the right to a guardian ad litem. 32.36If unable to employ counsel from their own resources, the court shall appoint counsel 33.1upon the request of the parent or parents or the child or the child's legal guardian. The 33.2parent or parents may also receive assistance from any person or social services agency 33.3in preparation of the case plan.33.4    After the plan has been agreed upon by the parties involved or approved or ordered 33.5by the court, the foster parents shall be fully informed of the provisions of the case plan 33.6and shall be provided a copy of the plan.33.7    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 33.8physical custodian, as appropriate, and the child, if appropriate, must be provided with 33.9a current copy of the child's health and education record.33.10    Sec. 20. Minnesota Statutes 2006, section 260C.212, subdivision 4, is amended to read:33.11    Subd. 4. Responsible social service agency's duties for children in placement. (a) 33.12When a child is in placement, the responsible social services agency shall make diligent 33.13efforts to identify, locate, and, where appropriate, offer services to both parents of the child.33.14    (1) The responsible social services agency shall assess whether a noncustodial or 33.15nonadjudicated parent is willing and capable of providing for the day-to-day care of the 33.16child temporarily or permanently. An assessment under this clause may include, but 33.17is not limited to, obtaining information under section 
         260C.209. If after assessment, 33.18the responsible social services agency determines that a noncustodial or nonadjudicated 33.19parent is willing and capable of providing day-to-day care of the child, the responsible 33.20social services agency may seek authority from the custodial parent or the court to have 33.21that parent assume day-to-day care of the child. If a parent is not an adjudicated parent, 33.22the responsible social services agency shall require the nonadjudicated parent to cooperate 33.23with paternity establishment procedures as part of the case plan.33.24    (2) If, after assessment, the responsible social services agency determines that the 33.25child cannot be in the day-to-day care of either parent, the agency shall:33.26    (i) prepare an out-of-home placement plan addressing the conditions that each parent 33.27must meet before the child can be in that parent's day-to-day care; and33.28    (ii) provide a parent who is the subject of a background study under section 33.29260C.209
          15 days' notice that it intends to use the study to recommend against putting the 33.30child with that parent, as well as the notice provided in section 
         260C.209, subdivision 4, 33.31and the court shall afford the parent an opportunity to be heard concerning the study.33.32    The results of a background study of a noncustodial parent shall not be used by the 33.33agency to determine that the parent is incapable of providing day-to-day care of the child 33.34unless the agency reasonably believes that placement of the child into the home of that 33.35parent would endanger the child's health, safety, or welfare.34.1    (3) If, after the provision of services following an out-of-home placement plan under 34.2this section, the child cannot return to the care of the parent from whom the child was 34.3removed or who had legal custody at the time the child was placed in foster care, the 34.4agency may petition on behalf of a noncustodial parent to establish legal custody with 34.5that parent under section 
         260C.201, subdivision 11. If paternity has not already been 34.6established, it may be established in the same proceeding in the manner provided for 34.7under chapter 257.34.8    (4) The responsible social services agency may be relieved of the requirement to 34.9locate and offer services to both parents by the juvenile court upon a finding of good cause 34.10after the filing of a petition under section 
         260C.141.34.11    (b) The responsible social services agency shall give notice to the parent or parents 34.12or guardian of each child in a residential facility, other than a child in placement due 34.13solely to that child's developmental disability or emotional disturbance, of the following 34.14information:34.15    (1) that residential care of the child may result in termination of parental rights or an 34.16order permanently placing the child out of the custody of the parent, but only after notice 34.17and a hearing as required under chapter 260C and the juvenile court rules;34.18    (2) time limits on the length of placement and of reunification services, including 34.19the date on which the child is expected to be returned to and safely maintained in the 34.20home of the parent or parents or placed for adoption or otherwise permanently removed 34.21from the care of the parent by court order;34.22    (3) the nature of the services available to the parent;34.23    (4) the consequences to the parent and the child if the parent fails or is unable to use 34.24services to correct the circumstances that led to the child's placement;34.25    (5) the first consideration for placement with relatives;34.26    (6) the benefit to the child in getting the child out of residential care as soon as 34.27possible, preferably by returning the child home, but if that is not possible, through a 34.28permanent legal placement of the child away from the parent;34.29    (7) when safe for the child, the benefits to the child and the parent of maintaining 34.30visitation with the child as soon as possible in the course of the case and, in any event, 34.31according to the visitation plan under this section; and34.32    (8) the financial responsibilities and obligations, if any, of the parent or parents for 34.33the support of the child during the period the child is in the residential facility.34.34    (c) The responsible social services agency shall inform a parent considering 34.35voluntary placement of a child who is not developmentally disabled or emotionally 34.36disturbed of the following information:35.1    (1) the parent and the child each has a right to separate legal counsel before signing a 35.2voluntary placement agreement, but not to counsel appointed at public expense;35.3    (2) the parent is not required to agree to the voluntary placement, and a parent 35.4who enters a voluntary placement agreement may at any time request that the agency 35.5return the child. If the parent so requests, the child must be returned within 24 hours of 35.6the receipt of the request;35.7    (3) evidence gathered during the time the child is voluntarily placed may be used 35.8at a later time as the basis for a petition alleging that the child is in need of protection 35.9or services or as the basis for a petition seeking termination of parental rights or other 35.10permanent placement of the child away from the parent;35.11    (4) if the responsible social services agency files a petition alleging that the child is 35.12in need of protection or services or a petition seeking the termination of parental rights 35.13or other permanent placement of the child away from the parent, the parent would have 35.14the right to appointment of separate legal counsel and the child would have a right to the 35.15appointment of counsel and a guardian ad litem as provided by law, and that counsel will 35.16be appointed at public expense if they are unable to afford counsel; and35.17    (5) the timelines and procedures for review of voluntary placements under 35.18subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a 35.19permanent placement determination hearing under section 
         260C.201, subdivision 11.35.20    (d) When an agency accepts a child for placement, the agency shall determine 35.21whether the child has had a physical examination by or under the direction of a licensed 35.22physician within the 12 months immediately preceding the date when the child came into 35.23the agency's care. If there is documentation that the child has had an examination within 35.24the last 12 months, the agency is responsible for seeing that the child has another physical 35.25examination within one year of the documented examination and annually in subsequent 35.26years. If the agency determines that the child has not had a physical examination within 35.27the 12 months immediately preceding placement, the agency shall ensure that the child 35.28has an examination within 30 days of coming into the agency's care and once a year 35.29in subsequent years.35.30    (e) If a child leaves foster care by reason of having attained the age of majority 35.31under state law, the child must be given at no cost a copy of the child's health and 35.32education report.35.33    Sec. 21. Minnesota Statutes 2006, section 260C.212, subdivision 9, is amended to read:35.34    Subd. 9. Review of certain child placements. (a) When a developmentally 35.35disabled child or emotionally disturbed child needs placement in a residential facility for 36.1the sole reason of accessing services or a level of skilled care that cannot be provided in 36.2the parent's home, the child must be placed pursuant to a voluntary placement agreement 36.3between the responsible social services agency and the child's parent. The voluntary 36.4placement agreement must give the responsible social services agency legal responsibility 36.5for the child's physical care, custody, and control, but must not transfer legal custody of 36.6the child to the agency. The voluntary placement agreement must be executed in a form 36.7developed and promulgated by the commissioner of human services. The responsible 36.8social services agency shall report to the commissioner the number of children who are the 36.9subject of a voluntary placement agreement under this subdivision and other information 36.10regarding these children as the commissioner may require.36.11    (b) If a developmentally disabled child or a child diagnosed as emotionally disturbed 36.12has been placed in a residential facility pursuant to a voluntary release by the child's parent 36.13or parents because of the child's disabling conditions or need for long-term residential 36.14treatment or supervision, the social services agency responsible for the placement shall 36.15report to the court and bring a petition for review of the child's foster care status as 36.16required in section 
         260C.141, subdivision 2a. 36.17    (b)(c) If a child is in placement due solely to the child's developmental disability or 36.18emotional disturbance, and the court finds compelling reasons not to proceed under section 36.19260C.201, subdivision 11
         , and custody of the child is not transferred to the responsible 36.20social services agency under section 
         260C.201, subdivision 1, paragraph (a), clause (2), 36.21and no petition is required by section 
         260C.201, subdivision 11. 36.22    (c)(d) Whenever a petition for review is brought pursuant to this subdivision, a 36.23guardian ad litem shall be appointed for the child.36.24    Sec. 22. Minnesota Statutes 2006, section 260C.317, subdivision 3, is amended to read:36.25    Subd. 3. Order; retention of jurisdiction. (a) A certified copy of the findings and 36.26the order terminating parental rights, and a summary of the court's information concerning 36.27the child shall be furnished by the court to the commissioner or the agency to which 36.28guardianship is transferred. The orders shall be on a document separate from the findings. 36.29The court shall furnish the individual to whom guardianship is transferred a copy of the 36.30order terminating parental rights.36.31    (b) The court shall retain jurisdiction in a case where adoption is the intended 36.32permanent placement disposition until the child's adoption is finalized, the child is 18 years 36.33of age, or the child is otherwise ordered discharged from the jurisdiction of the court. The 36.34guardian ad litem and counsel for the child shall continue on the case until an adoption 36.35decree is entered. A hearing must be held every 90 days following termination of parental 37.1rights for the court to review progress toward an adoptive placement and the specific 37.2recruitment efforts the agency has taken to find an adoptive family or other placement 37.3living arrangement for the child and to finalize the adoption or other permanency plan.37.4    (c) The responsible social services agency may make a determination of compelling 37.5reasons for a child to be in long-term foster care when the agency has made exhaustive 37.6efforts to recruit, identify, and place the child in an adoptive home, and the child continues 37.7in foster care for at least 24 months after the court has issued the order terminating 37.8parental rights. A child of any age who is under the guardianship of the commissioner of 37.9the Department of Human Services and is legally available for adoption may not refuse 37.10or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the 37.11child in an adoptive home required under paragraph (b) or sign a document relieving 37.12county social services agencies of all recruitment efforts on the child's behalf. Upon 37.13approving the agency's determination of compelling reasons, the court may order the 37.14child placed in long-term foster care. At least every 12 months thereafter as long as the 37.15child continues in out-of-home placement, the court shall conduct a permanency review 37.16hearing to determine the future status of the child using the review requirements of section 37.17260C.201, subdivision 11
         , paragraph (g).37.18    (d) The court shall retain jurisdiction through the child's minority in a case where 37.19long-term foster care is the permanent disposition whether under paragraph (c) or section 37.20260C.201, subdivision 11
         .37.21    Sec. 23. Minnesota Statutes 2006, section 260C.331, subdivision 1, is amended to read:37.22    Subdivision 1. Care, examination, or treatment. (a) Except where parental rights 37.23are terminated,37.24    (1) whenever legal custody of a child is transferred by the court to a responsible 37.25social services agency,37.26    (2) whenever legal custody is transferred to a person other than the responsible social 37.27services agency, but under the supervision of the responsible social services agency, or37.28    (3) whenever a child is given physical or mental examinations or treatment under 37.29order of the court, and no provision is otherwise made by law for payment for the care, 37.30examination, or treatment of the child, these costs are a charge upon the welfare funds of 37.31the county in which proceedings are held upon certification of the judge of juvenile court.37.32    (b) The court shall order, and the responsible social services agency shall require, 37.33the parents or custodian of a child, while the child is under the age of 18, to use the 37.34total income and resources attributable to the child for the period of care, examination, 37.35or treatment, except for clothing and personal needs allowance as provided in section 38.1256B.35
         , to reimburse the county for the cost of care, examination, or treatment. Income 38.2and resources attributable to the child include, but are not limited to, Social Security 38.3benefits, supplemental security income (SSI), veterans benefits, railroad retirement 38.4benefits and child support. When the child is over the age of 18, and continues to receive 38.5care, examination, or treatment, the court shall order, and the responsible social services 38.6agency shall require, reimbursement from the child for the cost of care, examination, or 38.7treatment from the income and resources attributable to the child less the clothing and 38.8personal needs allowance. Income does not include earnings from a child over the age of 38.918 who is working as part of a plan under section 260C.212, subdivision 1, paragraph (c), 38.10clause (8), to transition from foster care.38.11    (c) If the income and resources attributable to the child are not enough to reimburse 38.12the county for the full cost of the care, examination, or treatment, the court shall inquire 38.13into the ability of the parents to support the child and, after giving the parents a reasonable 38.14opportunity to be heard, the court shall order, and the responsible social services agency 38.15shall require, the parents to contribute to the cost of care, examination, or treatment of 38.16the child. When determining the amount to be contributed by the parents, the court shall 38.17use a fee schedule based upon ability to pay that is established by the responsible social 38.18services agency and approved by the commissioner of human services. The income of 38.19a stepparent who has not adopted a child shall be excluded in calculating the parental 38.20contribution under this section.38.21    (d) The court shall order the amount of reimbursement attributable to the parents 38.22or custodian, or attributable to the child, or attributable to both sources, withheld under 38.23chapter 518A from the income of the parents or the custodian of the child. A parent or 38.24custodian who fails to pay without good reason may be proceeded against for contempt, or 38.25the court may inform the county attorney, who shall proceed to collect the unpaid sums, 38.26or both procedures may be used.38.27    (e) If the court orders a physical or mental examination for a child, the examination 38.28is a medically necessary service for purposes of determining whether the service is 38.29covered by a health insurance policy, health maintenance contract, or other health 38.30coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan 38.31requirements for medical necessity. Nothing in this paragraph changes or eliminates 38.32benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions, 38.33or other requirements in the policy, contract, or plan that relate to coverage of other 38.34medically necessary services.38.35    Sec. 24. Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read:39.1    Subd. 2. Definitions. As used in this section, the following terms have the meanings 39.2given them unless the specific content indicates otherwise:39.3    (a) "Family assessment" means a comprehensive assessment of child safety, risk 39.4of subsequent child maltreatment, and family strengths and needs that is applied to a 39.5child maltreatment report that does not allege substantial child endangerment. Family 39.6assessment does not include a determination as to whether child maltreatment occurred 39.7but does determine the need for services to address the safety of family members and the 39.8risk of subsequent maltreatment.39.9    (b) "Investigation" means fact gathering related to the current safety of a child 39.10and the risk of subsequent maltreatment that determines whether child maltreatment 39.11occurred and whether child protective services are needed. An investigation must be used 39.12when reports involve substantial child endangerment, and for reports of maltreatment in 39.13facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 39.14144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 39.1513, and 124D.10; or in a nonlicensed personal care provider association as defined in 39.16sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.39.17    (c) "Substantial child endangerment" means a person responsible for a child's care, 39.18and in the case of sexual abuse includes a person who has a significant relationship to the 39.19child as defined in section 609.341, or a person in a position of authority as defined in 39.20section 609.341, who by act or omission commits or attempts to commit an act against a 39.21child under their care that constitutes any of the following:39.22    (1) egregious harm as defined in section 260C.007, subdivision 14;39.23    (2) sexual abuse as defined in paragraph (d);39.24    (3) abandonment under section 260C.301, subdivision 2;39.25    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 39.26child's physical or mental health, including a growth delay, which may be referred to as 39.27failure to thrive, that has been diagnosed by a physician and is due to parental neglect;39.28    (5) murder in the first, second, or third degree under section 609.185, 609.19, or 39.29609.195;39.30    (6) manslaughter in the first or second degree under section 609.20 or 609.205;39.31    (7) assault in the first, second, or third degree under section 609.221, 609.222, or 39.32609.223;39.33    (8) solicitation, inducement, and promotion of prostitution under section 609.322;39.34    (9) criminal sexual conduct under sections 609.342 to 609.3451;39.35    (10) solicitation of children to engage in sexual conduct under section 609.352;40.1    (11) malicious punishment or neglect or endangerment of a child under section 40.2609.377 or 609.378;40.3    (12) use of a minor in sexual performance under section 617.246; or40.4    (13) parental behavior, status, or condition which mandates that the county attorney 40.5file a termination of parental rights petition under section 260C.301, subdivision 3, 40.6paragraph (a).40.7    (d) "Sexual abuse" means the subjection of a child by a person responsible for the 40.8child's care, by a person who has a significant relationship to the child, as defined in 40.9section 609.341, or by a person in a position of authority, as defined in section 609.341, 40.10subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 40.11conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 40.12609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 40.13in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 40.14abuse also includes any act which involves a minor which constitutes a violation of 40.15prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 40.16threatened sexual abuse.40.17    (e) "Person responsible for the child's care" means (1) an individual functioning 40.18within the family unit and having responsibilities for the care of the child such as a 40.19parent, guardian, or other person having similar care responsibilities, or (2) an individual 40.20functioning outside the family unit and having responsibilities for the care of the child 40.21such as a teacher, school administrator, other school employees or agents, or other lawful 40.22custodian of a child having either full-time or short-term care responsibilities including, 40.23but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 40.24and coaching.40.25    (f) "Neglect" means:40.26    (1) failure by a person responsible for a child's care to supply a child with necessary 40.27food, clothing, shelter, health, medical, or other care required for the child's physical or 40.28mental health when reasonably able to do so;40.29    (2) failure to protect a child from conditions or actions that seriously endanger the 40.30child's physical or mental health when reasonably able to do so, including a growth delay, 40.31which may be referred to as a failure to thrive, that has been diagnosed by a physician and 40.32is due to parental neglect;40.33    (3) failure to provide for necessary supervision or child care arrangements 40.34appropriate for a child after considering factors as the child's age, mental ability, physical 40.35condition, length of absence, or environment, when the child is unable to care for the 40.36child's own basic needs or safety, or the basic needs or safety of another child in their care;41.1    (4) failure to ensure that the child is educated as defined in sections 120A.22 and 41.2260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 41.3child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;41.4    (5) nothing in this section shall be construed to mean that a child is neglected solely 41.5because the child's parent, guardian, or other person responsible for the child's care in 41.6good faith selects and depends upon spiritual means or prayer for treatment or care of 41.7disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 41.8or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 41.9if a lack of medical care may cause serious danger to the child's health. This section does 41.10not impose upon persons, not otherwise legally responsible for providing a child with 41.11necessary food, clothing, shelter, education, or medical care, a duty to provide that care;41.12    (6) prenatal exposure to a controlled substance, as defined in section 253B.02, 41.13subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 41.14symptoms in the child at birth, results of a toxicology test performed on the mother at 41.15delivery or the child at birth, or medical effects or developmental delays during the child's 41.16first year of life that medically indicate prenatal exposure to a controlled substance;41.17    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);41.18    (8) chronic and severe use of alcohol or a controlled substance by a parent or 41.19person responsible for the care of the child that adversely affects the child's basic needs 41.20and safety; or41.21    (9) emotional harm from a pattern of behavior which contributes to impaired 41.22emotional functioning of the child which may be demonstrated by a substantial and 41.23observable effect in the child's behavior, emotional response, or cognition that is not 41.24within the normal range for the child's age and stage of development, with due regard to 41.25the child's culture.41.26    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 41.27inflicted by a person responsible for the child's care on a child other than by accidental 41.28means, or any physical or mental injury that cannot reasonably be explained by the child's 41.29history of injuries, or any aversive or deprivation procedures, or regulated interventions, 41.30that have not been authorized under section 121A.67 or 245.825. Abuse does not include 41.31reasonable and moderate physical discipline of a child administered by a parent or legal 41.32guardian which does not result in an injury. Abuse does not include the use of reasonable 41.33force by a teacher, principal, or school employee as allowed by section 121A.582. Actions 41.34which are not reasonable and moderate include, but are not limited to, any of the following 41.35that are done in anger or without regard to the safety of the child:41.36    (1) throwing, kicking, burning, biting, or cutting a child;42.1    (2) striking a child with a closed fist;42.2    (3) shaking a child under age three;42.3    (4) striking or other actions which result in any nonaccidental injury to a child 42.4under 18 months of age;42.5    (5) unreasonable interference with a child's breathing;42.6    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;42.7    (7) striking a child under age one on the face or head;42.8    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 42.9substances which were not prescribed for the child by a practitioner, in order to control or 42.10punish the child; or other substances that substantially affect the child's behavior, motor 42.11coordination, or judgment or that results in sickness or internal injury, or subjects the 42.12child to medical procedures that would be unnecessary if the child were not exposed 42.13to the substances;42.14    (9) unreasonable physical confinement or restraint not permitted under section 42.15609.379, including but not limited to tying, caging, or chaining; or42.16    (10) in a school facility or school zone, an act by a person responsible for the child's 42.17care that is a violation under section 121A.58.42.18    (h) "Report" means any report received by the local welfare agency, police 42.19department, county sheriff, or agency responsible for assessing or investigating 42.20maltreatment pursuant to this section.42.21    (i) "Facility" means: 42.22    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 42.23sanitarium, or other facility or institution required to be licensed under sections 144.50 to 42.24144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; 42.25    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 42.26124D.10; or 42.27    (3) a nonlicensed personal care provider organization as defined in sections 256B.04, 42.28subdivision 16, and 256B.0625, subdivision 19a.42.29    (j) "Operator" means an operator or agency as defined in section 245A.02.42.30    (k) "Commissioner" means the commissioner of human services.42.31    (l) "Practice of social services," for the purposes of subdivision 3, includes but is 42.32not limited to employee assistance counseling and the provision of guardian ad litem and 42.33parenting time expeditor services.42.34    (m) "Mental injury" means an injury to the psychological capacity or emotional 42.35stability of a child as evidenced by an observable or substantial impairment in the child's 43.1ability to function within a normal range of performance and behavior with due regard to 43.2the child's culture.43.3    (n) "Threatened injury" means a statement, overt act, condition, or status that 43.4represents a substantial risk of physical or sexual abuse or mental injury. Threatened 43.5injury includes, but is not limited to, exposing a child to a person responsible for the 43.6child's care, as defined in paragraph (e), clause (1), who has:43.7    (1) subjected a child to, or failed to protect a child from, an overt act or condition 43.8that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 43.9similar law of another jurisdiction;43.10    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 43.11(4), or a similar law of another jurisdiction;43.12    (3) committed an act that has resulted in an involuntary termination of parental rights 43.13under section 260C.301, or a similar law of another jurisdiction; or43.14    (4) committed an act that has resulted in the involuntary transfer of permanent legal 43.15and physical custody of a child to a relative under section 260C.201, subdivision 11, 43.16paragraph (d), clause (1), or a similar law of another jurisdiction.43.17    (o) Persons who conduct assessments or investigations under this section shall take 43.18into account accepted child-rearing practices of the culture in which a child participates 43.19and accepted teacher discipline practices, which are not injurious to the child's health, 43.20welfare, and safety.43.21    Sec. 25. Minnesota Statutes 2006, section 626.556, subdivision 3, is amended to read:43.22    Subd. 3. Persons mandated to report. (a) A person who knows or has reason 43.23to believe a child is being neglected or physically or sexually abused, as defined in 43.24subdivision 2, or has been neglected or physically or sexually abused within the preceding 43.25three years, shall immediately report the information to the local welfare agency, agency 43.26responsible for assessing or investigating the report, police department, or the county 43.27sheriff if the person is:43.28    (1) a professional or professional's delegate who is engaged in the practice of 43.29the healing arts, social services, hospital administration, psychological or psychiatric 43.30treatment, child care, education, correctional supervision, probation and correctional 43.31services, or law enforcement; or43.32    (2) employed as a member of the clergy and received the information while 43.33engaged in ministerial duties, provided that a member of the clergy is not required by 43.34this subdivision to report information that is otherwise privileged under section 
         595.02, 43.35subdivision 1
         , paragraph (c).44.1    The police department or the county sheriff, upon receiving a report, shall 44.2immediately notify the local welfare agency or agency responsible for assessing or 44.3investigating the report, orally and in writing. The local welfare agency, or agency 44.4responsible for assessing or investigating the report, upon receiving a report, shall 44.5immediately notify the local police department or the county sheriff orally and in writing. 44.6The county sheriff and the head of every local welfare agency, agency responsible 44.7for assessing or investigating reports, and police department shall each designate a 44.8person within their agency, department, or office who is responsible for ensuring that 44.9the notification duties of this paragraph and paragraph (b) are carried out. Nothing in 44.10this subdivision shall be construed to require more than one report from any institution, 44.11facility, school, or agency.44.12    (b) Any person may voluntarily report to the local welfare agency, agency 44.13responsible for assessing or investigating the report, police department, or the county 44.14sheriff if the person knows, has reason to believe, or suspects a child is being or has been 44.15neglected or subjected to physical or sexual abuse. The police department or the county 44.16sheriff, upon receiving a report, shall immediately notify the local welfare agency or 44.17agency responsible for assessing or investigating the report, orally and in writing. The 44.18local welfare agency or agency responsible for assessing or investigating the report, upon 44.19receiving a report, shall immediately notify the local police department or the county 44.20sheriff orally and in writing.44.21    (c) A person mandated to report physical or sexual child abuse or neglect occurring 44.22within a licensed facility shall report the information to the agency responsible for 44.23licensing the facility under sections 
         144.50 to 
         144.58; 
         241.021; 
         245A.01 to 
         245A.16; or 44.24chapter 245B; or a nonlicensed personal care provider organization as defined in sections 44.25256B.04, subdivision 16
         ; and 
         256B.0625, subdivision 19. A health or corrections agency 44.26receiving a report may request the local welfare agency to provide assistance pursuant 44.27to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work 44.28within a school facility, upon receiving a complaint of alleged maltreatment, shall provide 44.29information about the circumstances of the alleged maltreatment to the commissioner of 44.30education. Section 
         13.03, subdivision 4, applies to data received by the commissioner of 44.31education from a licensing entity.44.32    (d) Any person mandated to report shall receive a summary of the disposition of 44.33any report made by that reporter, including whether the case has been opened for child 44.34protection or other services, or if a referral has been made to a community organization, 44.35unless release would be detrimental to the best interests of the child. Any person who is 44.36not mandated to report shall, upon request to the local welfare agency, receive a concise 45.1summary of the disposition of any report made by that reporter, unless release would be 45.2detrimental to the best interests of the child.45.3    (e) For purposes of this subdivision section, "immediately" means as soon as 45.4possible but in no event longer than 24 hours.45.5    Sec. 26. Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision 45.6to read:45.7    Subd. 3e.Agency responsibility for assessing or investigating reports of sexual 45.8abuse.The local welfare agency is the agency responsible for investigating allegations 45.9of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual 45.10functioning within the family unit as a person responsible for the child's care, or a person 45.11with a significant relationship to the child if that person resides in the child's household.45.12    Sec. 27. Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision 45.13to read:45.14    Subd. 3f.Law enforcement agency responsibility for investigating 45.15maltreatment.The local law enforcement agency has responsibility for investigating any 45.16report of child maltreatment if a violation of a criminal statute is alleged. Law enforcement 45.17and the responsible agency must coordinate their investigations or assessments as required 45.18under subdivision 10.45.19    Sec. 28. Minnesota Statutes 2006, section 626.556, subdivision 10, is amended to read:45.20    Subd. 10. Duties of local welfare agency and local law enforcement agency upon 45.21receipt of a report. (a) Upon receipt of a report, the local welfare agency shall determine 45.22whether to conduct a family assessment or an investigation as appropriate to prevent or 45.23provide a remedy for child maltreatment. The local welfare agency:45.24    (1) shall conduct an investigation on reports involving substantial child 45.25endangerment;45.26    (2) shall begin an immediate investigation if, at any time when it is using a family 45.27assessment response, it determines that there is reason to believe that substantial child 45.28endangerment or a serious threat to the child's safety exists;45.29    (3) may conduct a family assessment for reports that do not allege substantial child 45.30endangerment. In determining that a family assessment is appropriate, the local welfare 45.31agency may consider issues of child safety, parental cooperation, and the need for an 45.32immediate response; and46.1    (4) may conduct a family assessment on a report that was initially screened and 46.2assigned for an investigation. In determining that a complete investigation is not required, 46.3the local welfare agency must document the reason for terminating the investigation and 46.4notify the local law enforcement agency if the local law enforcement agency is conducting 46.5a joint investigation.46.6    If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, 46.7or individual functioning within the family unit as a person responsible for the child's 46.8care, or sexual abuse by a person with a significant relationship to the child when that 46.9person resides in the child's household or by a sibling, the local welfare agency shall 46.10immediately conduct a family assessment or investigation as identified in clauses (1) to 46.11(4). In conducting a family assessment or investigation, the local welfare agency shall 46.12gather information on the existence of substance abuse and domestic violence and offer 46.13services for purposes of preventing future child maltreatment, safeguarding and enhancing 46.14the welfare of the abused or neglected minor, and supporting and preserving family 46.15life whenever possible. If the report alleges a violation of a criminal statute involving 46.16sexual abuse, physical abuse, or neglect or endangerment, under section 
         609.378, the 46.17local law enforcement agency and local welfare agency shall coordinate the planning and 46.18execution of their respective investigation and assessment efforts to avoid a duplication of 46.19fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of 46.20the results of its investigation. In cases of alleged child maltreatment resulting in death, 46.21the local agency may rely on the fact-finding efforts of a law enforcement investigation 46.22to make a determination of whether or not maltreatment occurred. When necessary the 46.23local welfare agency shall seek authority to remove the child from the custody of a parent, 46.24guardian, or adult with whom the child is living. In performing any of these duties, the 46.25local welfare agency shall maintain appropriate records.46.26    If the family assessment or investigation indicates there is a potential for abuse of 46.27alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 46.28the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 46.29Rules, part 9530.6615. The local welfare agency shall report the determination of the 46.30chemical use assessment, and the recommendations and referrals for alcohol and other 46.31drug treatment services to the state authority on alcohol and drug abuse.46.32    (b) When a local agency receives a report or otherwise has information indicating 46.33that a child who is a client, as defined in section 
         245.91, has been the subject of physical 46.34abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 46.35245.91
         , it shall, in addition to its other duties under this section, immediately inform the 46.36ombudsman established under sections 
         245.91 to 
         245.97. The commissioner of education 47.1shall inform the ombudsman established under sections 
         245.91 to 
         245.97 of reports 47.2regarding a child defined as a client in section 
         245.91 that maltreatment occurred at a 47.3school as defined in sections 
         120A.05, subdivisions 9, 11, and 13, and 
         124D.10.47.4    (c) Authority of the local welfare agency responsible for assessing or investigating 47.5the child abuse or neglect report, the agency responsible for assessing or investigating 47.6the report, and of the local law enforcement agency for investigating the alleged abuse or 47.7neglect includes, but is not limited to, authority to interview, without parental consent, 47.8the alleged victim and any other minors who currently reside with or who have resided 47.9with the alleged offender. The interview may take place at school or at any facility or 47.10other place where the alleged victim or other minors might be found or the child may be 47.11transported to, and the interview conducted at, a place appropriate for the interview of a 47.12child designated by the local welfare agency or law enforcement agency. The interview 47.13may take place outside the presence of the alleged offender or parent, legal custodian, 47.14guardian, or school official. For family assessments, it is the preferred practice to request 47.15a parent or guardian's permission to interview the child prior to conducting the child 47.16interview, unless doing so would compromise the safety assessment. Except as provided in 47.17this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible 47.18local welfare or law enforcement agency no later than the conclusion of the investigation 47.19or assessment that this interview has occurred. Notwithstanding rule 
         49.02 32 of the 47.20Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on 47.21an ex parte motion by the local welfare agency, order that, where reasonable cause exists, 47.22the agency withhold notification of this interview from the parent, legal custodian, or 47.23guardian. If the interview took place or is to take place on school property, the order shall 47.24specify that school officials may not disclose to the parent, legal custodian, or guardian the 47.25contents of the notification of intent to interview the child on school property, as provided 47.26under this paragraph, and any other related information regarding the interview that may 47.27be a part of the child's school record. A copy of the order shall be sent by the local welfare 47.28or law enforcement agency to the appropriate school official.47.29    (d) When the local welfare, local law enforcement agency, or the agency responsible 47.30for assessing or investigating a report of maltreatment determines that an interview should 47.31take place on school property, written notification of intent to interview the child on school 47.32property must be received by school officials prior to the interview. The notification 47.33shall include the name of the child to be interviewed, the purpose of the interview, and 47.34a reference to the statutory authority to conduct an interview on school property. For 47.35interviews conducted by the local welfare agency, the notification shall be signed by the 47.36chair of the local social services agency or the chair's designee. The notification shall be 48.1private data on individuals subject to the provisions of this paragraph. School officials 48.2may not disclose to the parent, legal custodian, or guardian the contents of the notification 48.3or any other related information regarding the interview until notified in writing by the 48.4local welfare or law enforcement agency that the investigation or assessment has been 48.5concluded, unless a school employee or agent is alleged to have maltreated the child. 48.6Until that time, the local welfare or law enforcement agency or the agency responsible 48.7for assessing or investigating a report of maltreatment shall be solely responsible for any 48.8disclosures regarding the nature of the assessment or investigation.48.9    Except where the alleged offender is believed to be a school official or employee, 48.10the time and place, and manner of the interview on school premises shall be within the 48.11discretion of school officials, but the local welfare or law enforcement agency shall have 48.12the exclusive authority to determine who may attend the interview. The conditions as to 48.13time, place, and manner of the interview set by the school officials shall be reasonable and 48.14the interview shall be conducted not more than 24 hours after the receipt of the notification 48.15unless another time is considered necessary by agreement between the school officials and 48.16the local welfare or law enforcement agency. Where the school fails to comply with the 48.17provisions of this paragraph, the juvenile court may order the school to comply. Every 48.18effort must be made to reduce the disruption of the educational program of the child, other 48.19students, or school staff when an interview is conducted on school premises.48.20    (e) Where the alleged offender or a person responsible for the care of the alleged 48.21victim or other minor prevents access to the victim or other minor by the local welfare 48.22agency, the juvenile court may order the parents, legal custodian, or guardian to produce 48.23the alleged victim or other minor for questioning by the local welfare agency or the local 48.24law enforcement agency outside the presence of the alleged offender or any person 48.25responsible for the child's care at reasonable places and times as specified by court order.48.26    (f) Before making an order under paragraph (e), the court shall issue an order to 48.27show cause, either upon its own motion or upon a verified petition, specifying the basis for 48.28the requested interviews and fixing the time and place of the hearing. The order to show 48.29cause shall be served personally and shall be heard in the same manner as provided in 48.30other cases in the juvenile court. The court shall consider the need for appointment of a 48.31guardian ad litem to protect the best interests of the child. If appointed, the guardian ad 48.32litem shall be present at the hearing on the order to show cause.48.33    (g) The commissioner of human services, the ombudsman for mental health and 48.34developmental disabilities, the local welfare agencies responsible for investigating reports, 48.35the commissioner of education, and the local law enforcement agencies have the right to 48.36enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, 49.1including medical records, as part of the investigation. Notwithstanding the provisions of 49.2chapter 13, they also have the right to inform the facility under investigation that they are 49.3conducting an investigation, to disclose to the facility the names of the individuals under 49.4investigation for abusing or neglecting a child, and to provide the facility with a copy of 49.5the report and the investigative findings.49.6    (h) The local welfare agency responsible for conducting a family assessment or 49.7investigation shall collect available and relevant information to determine child safety, 49.8risk of subsequent child maltreatment, and family strengths and needs and share not public 49.9information with an Indian's tribal social services agency without violating any law of the 49.10state that may otherwise impose duties of confidentiality on the local welfare agency in 49.11order to implement the tribal state agreement. The local welfare agency or the agency 49.12responsible for investigating the report shall collect available and relevant information 49.13to ascertain whether maltreatment occurred and whether protective services are needed. 49.14Information collected includes, when relevant, information with regard to the person 49.15reporting the alleged maltreatment, including the nature of the reporter's relationship to the 49.16child and to the alleged offender, and the basis of the reporter's knowledge for the report; 49.17the child allegedly being maltreated; the alleged offender; the child's caretaker; and other 49.18collateral sources having relevant information related to the alleged maltreatment. The 49.19local welfare agency or the agency responsible for assessing or investigating the report 49.20may make a determination of no maltreatment early in an assessment, and close the case 49.21and retain immunity, if the collected information shows no basis for a full assessment or 49.22investigation.49.23    Information relevant to the assessment or investigation must be asked for, and 49.24may include:49.25    (1) the child's sex and age, prior reports of maltreatment, information relating 49.26to developmental functioning, credibility of the child's statement, and whether the 49.27information provided under this clause is consistent with other information collected 49.28during the course of the assessment or investigation;49.29    (2) the alleged offender's age, a record check for prior reports of maltreatment, and 49.30criminal charges and convictions. The local welfare agency or the agency responsible for 49.31assessing or investigating the report must provide the alleged offender with an opportunity 49.32to make a statement. The alleged offender may submit supporting documentation relevant 49.33to the assessment or investigation;49.34    (3) collateral source information regarding the alleged maltreatment and care of the 49.35child. Collateral information includes, when relevant: (i) a medical examination of the 49.36child; (ii) prior medical records relating to the alleged maltreatment or the care of the 50.1child maintained by any facility, clinic, or health care professional and an interview with 50.2the treating professionals; and (iii) interviews with the child's caretakers, including the 50.3child's parent, guardian, foster parent, child care provider, teachers, counselors, family 50.4members, relatives, and other persons who may have knowledge regarding the alleged 50.5maltreatment and the care of the child; and50.6    (4) information on the existence of domestic abuse and violence in the home of 50.7the child, and substance abuse.50.8    Nothing in this paragraph precludes the local welfare agency, the local law 50.9enforcement agency, or the agency responsible for assessing or investigating the report 50.10from collecting other relevant information necessary to conduct the assessment or 50.11investigation. Notwithstanding section 
         13.384 or 
         144.335, the local welfare agency has 50.12access to medical data and records for purposes of clause (3). Notwithstanding the data's 50.13classification in the possession of any other agency, data acquired by the local welfare 50.14agency or the agency responsible for assessing or investigating the report during the course 50.15of the assessment or investigation are private data on individuals and must be maintained 50.16in accordance with subdivision 11. Data of the commissioner of education collected 50.17or maintained during and for the purpose of an investigation of alleged maltreatment 50.18in a school are governed by this section, notwithstanding the data's classification as 50.19educational, licensing, or personnel data under chapter 13.50.20    In conducting an assessment or investigation involving a school facility as defined 50.21in subdivision 2, paragraph (i), the commissioner of education shall collect investigative 50.22reports and data that are relevant to a report of maltreatment and are from local law 50.23enforcement and the school facility.50.24    (i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face 50.25contact with the child reported to be maltreated and with the child's primary caregiver 50.26sufficient to complete a safety assessment and ensure the immediate safety of the child. 50.27The face-to-face contact with the child and primary caregiver shall occur immediately 50.28if substantial child endangerment is alleged and within five calendar days for all other 50.29reports. If the alleged offender was not already interviewed as the primary caregiver, the 50.30local welfare agency shall also conduct a face-to-face interview with the alleged offender 50.31in the early stages of the assessment or investigation. At the initial contact, the local child 50.32welfare agency or the agency responsible for assessing or investigating the report must 50.33inform the alleged offender of the complaints or allegations made against the individual in 50.34a manner consistent with laws protecting the rights of the person who made the report. 50.35The interview with the alleged offender may be postponed if it would jeopardize an active 50.36law enforcement investigation.51.1    (j) When conducting an investigation, the local welfare agency shall use a question 51.2and answer interviewing format with questioning as nondirective as possible to elicit 51.3spontaneous responses. For investigations only, the following interviewing methods and 51.4procedures must be used whenever possible when collecting information:51.5    (1) audio recordings of all interviews with witnesses and collateral sources; and51.6    (2) in cases of alleged sexual abuse, audio-video recordings of each interview with 51.7the alleged victim and child witnesses.51.8    (k) In conducting an assessment or investigation involving a school facility as 51.9defined in subdivision 2, paragraph (i), the commissioner of education shall collect 51.10available and relevant information and use the procedures in paragraphs (i), (k), and 51.11subdivision 3d, except that the requirement for face-to-face observation of the child 51.12and face-to-face interview of the alleged offender is to occur in the initial stages of the 51.13assessment or investigation provided that the commissioner may also base the assessment 51.14or investigation on investigative reports and data received from the school facility and 51.15local law enforcement, to the extent those investigations satisfy the requirements of 51.16paragraphs (i) and (k), and subdivision 3d.51.17    Sec. 29. Minnesota Statutes 2006, section 626.556, subdivision 10a, is amended to 51.18read:51.19    Subd. 10a. Abuse outside family unit Law enforcement agency responsibility 51.20for investigation; welfare agency reliance on law enforcement fact-finding; welfare 51.21agency offer of services.(a) If the report alleges neglect, physical abuse, or sexual abuse 51.22by a person who is not a parent, guardian, sibling, person responsible for the child's care 51.23functioning outside within the family unit, or a person who lives in the child's household 51.24and who has a significant relationship to the child, in a setting other than a facility as 51.25defined in subdivision 2, the local welfare agency shall immediately notify the appropriate 51.26law enforcement agency, which shall conduct an investigation of the alleged abuse or 51.27neglect if a violation of a criminal statute is alleged. 51.28    (b) The local agency may rely on the fact-finding efforts of the law enforcement 51.29investigation conducted under this subdivision to make a determination whether or not 51.30threatened harm or other maltreatment has occurred under subdivision 2 if an alleged 51.31offender has minor children or lives with minors.51.32    (c) The local welfare agency shall offer appropriate social services for the purpose of 51.33safeguarding and enhancing the welfare of the abused or neglected minor.52.1    Sec. 30. Minnesota Statutes 2006, section 626.556, subdivision 10c, is amended to 52.2read:52.3    Subd. 10c. Duties of local social service agency upon receipt of a report of 52.4medical neglect. If the report alleges medical neglect as defined in section 
         260C.007, 52.5subdivision 4 6, clause (5), the local welfare agency shall, in addition to its other duties 52.6under this section, immediately consult with designated hospital staff and with the parents 52.7of the infant to verify that appropriate nutrition, hydration, and medication are being 52.8provided; and shall immediately secure an independent medical review of the infant's 52.9medical charts and records and, if necessary, seek a court order for an independent medical 52.10examination of the infant. If the review or examination leads to a conclusion of medical 52.11neglect, the agency shall intervene on behalf of the infant by initiating legal proceedings 52.12under section 
         260C.141 and by filing an expedited motion to prevent the withholding 52.13of medically indicated treatment. 52.14    Sec. 31. Minnesota Statutes 2006, section 626.556, subdivision 10f, is amended to read:52.15    Subd. 10f. Notice of determinations. Within ten working days of the conclusion 52.16of a family assessment, the local welfare agency shall notify the parent or guardian of 52.17the child of the need for services to address child safety concerns or significant risk of 52.18subsequent child maltreatment. The local welfare agency and the family may also jointly 52.19agree that family support and family preservation services are needed. Within ten working 52.20days of the conclusion of an investigation, the local welfare agency or agency responsible 52.21for assessing or investigating the report shall notify the parent or guardian of the child, the 52.22person determined to be maltreating the child, and if applicable, the director of the facility, 52.23of the determination and a summary of the specific reasons for the determination. The 52.24notice must also include a certification that the information collection procedures under 52.25subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a 52.26data subject to obtain access to other private data on the subject collected, created, or 52.27maintained under this section. In addition, the notice shall include the length of time that 52.28the records will be kept under subdivision 11c. The investigating agency shall notify the 52.29parent or guardian of the child who is the subject of the report, and any person or facility 52.30determined to have maltreated a child, of their appeal or review rights under this section 52.31or section 
         256.022. The notice must also state that a finding of maltreatment may result 52.32in denial of a license application or background study disqualification under chapter 52.33245C related to employment or services that are licensed by the Department of Human 52.34Services under chapter 245A, the Department of Health under chapter 144 or 144A, the 53.1Department of Corrections under section 241.021, and from providing services related to 53.2an unlicensed personal care provider organization under chapter 256B.53.3    Sec. 32. REVISOR'S INSTRUCTION.53.4    (a) The revisor shall renumber Minnesota Statutes, section 626.556, subdivision 3d, 53.5as Minnesota Statutes, section 626.556, subdivision 3g.53.6    (b) The revisor shall change references to Minnesota Statutes, section 260.851, 53.7to section 260.853 and references to Minnesota Statutes, section 260.851, article 5, to 53.8section 260.853, article 4, wherever those references appear in Minnesota Statutes and 53.9Minnesota Rules.53.10ARTICLE 253.11CHILDREN AND FAMILY53.12    Section 1. Minnesota Statutes 2006, section 13.46, subdivision 2, is amended to read:53.13    Subd. 2. General. (a) Unless the data is summary data or a statute specifically 53.14provides a different classification, data on individuals collected, maintained, used, or 53.15disseminated by the welfare system is private data on individuals, and shall not be 53.16disclosed except:53.17    (1) according to section 
         13.05;53.18    (2) according to court order;53.19    (3) according to a statute specifically authorizing access to the private data;53.20    (4) to an agent of the welfare system, including a law enforcement person, attorney, 53.21or investigator acting for it in the investigation or prosecution of a criminal or civil 53.22proceeding relating to the administration of a program;53.23    (5) to personnel of the welfare system who require the data to verify an individual's 53.24identity; determine eligibility, amount of assistance, and the need to provide services to 53.25an individual or family across programs; evaluate the effectiveness of programs; and 53.26investigate suspected fraud;53.27    (6) to administer federal funds or programs;53.28    (7) between personnel of the welfare system working in the same program;53.29    (8) to the Department of Revenue to administer and evaluate tax refund or tax credit 53.30programs and to identify individuals who may benefit from these programs. The following 53.31information may be disclosed under this paragraph: an individual's and their dependent's 53.32names, dates of birth, Social Security numbers, income, addresses, and other data as 53.33required, upon request by the Department of Revenue. Disclosures by the commissioner 53.34of revenue to the commissioner of human services for the purposes described in this clause 54.1are governed by section 
         270B.14, subdivision 1. Tax refund or tax credit programs include, 54.2but are not limited to, the dependent care credit under section 
         290.067, the Minnesota 54.3working family credit under section 
         290.0671, the property tax refund and rental credit 54.4under section 
         290A.04, and the Minnesota education credit under section 
         290.0674;54.5    (9) between the Department of Human Services, the Department of Education, and 54.6the Department of Employment and Economic Development for the purpose of monitoring 54.7the eligibility of the data subject for unemployment benefits, for any employment or 54.8training program administered, supervised, or certified by that agency, for the purpose of 54.9administering any rehabilitation program or child care assistance program, whether alone 54.10or in conjunction with the welfare system, or to monitor and evaluate the Minnesota 54.11family investment program or the child care assistance program by exchanging data on 54.12recipients and former recipients of food support, cash assistance under chapter 256, 256D, 54.13256J, or 256K, child care assistance under chapter 119B, or medical programs under 54.14chapter 256B, 256D, or 256L;54.15    (10) to appropriate parties in connection with an emergency if knowledge of 54.16the information is necessary to protect the health or safety of the individual or other 54.17individuals or persons;54.18    (11) data maintained by residential programs as defined in section 
         245A.02 may 54.19be disclosed to the protection and advocacy system established in this state according 54.20to Part C of Public Law 98-527 to protect the legal and human rights of persons with 54.21developmental disabilities or other related conditions who live in residential facilities for 54.22these persons if the protection and advocacy system receives a complaint by or on behalf 54.23of that person and the person does not have a legal guardian or the state or a designee of 54.24the state is the legal guardian of the person;54.25    (12) to the county medical examiner or the county coroner for identifying or locating 54.26relatives or friends of a deceased person;54.27    (13) data on a child support obligor who makes payments to the public agency 54.28may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 54.29determine eligibility under section 
         136A.121, subdivision 2, clause (5);54.30    (14) participant Social Security numbers and names collected by the telephone 54.31assistance program may be disclosed to the Department of Revenue to conduct an 54.32electronic data match with the property tax refund database to determine eligibility under 54.33section 
         237.70, subdivision 4a;54.34    (15) the current address of a Minnesota family investment program participant 54.35may be disclosed to law enforcement officers who provide the name of the participant 54.36and notify the agency that:55.1    (i) the participant:55.2    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 55.3conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 55.4jurisdiction from which the individual is fleeing; or55.5    (B) is violating a condition of probation or parole imposed under state or federal law;55.6    (ii) the location or apprehension of the felon is within the law enforcement officer's 55.7official duties; and55.8    (iii) the request is made in writing and in the proper exercise of those duties;55.9    (16) the current address of a recipient of general assistance or general assistance 55.10medical care may be disclosed to probation officers and corrections agents who are 55.11supervising the recipient and to law enforcement officers who are investigating the 55.12recipient in connection with a felony level offense;55.13    (17) information obtained from food support applicant or recipient households may 55.14be disclosed to local, state, or federal law enforcement officials, upon their written request, 55.15for the purpose of investigating an alleged violation of the Food Stamp Act, according 55.16to Code of Federal Regulations, title 7, section 272.1(c);55.17    (18) the address, Social Security number, and, if available, photograph of any 55.18member of a household receiving food support shall be made available, on request, to a 55.19local, state, or federal law enforcement officer if the officer furnishes the agency with the 55.20name of the member and notifies the agency that:55.21    (i) the member:55.22    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 55.23crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;55.24    (B) is violating a condition of probation or parole imposed under state or federal 55.25law; or55.26    (C) has information that is necessary for the officer to conduct an official duty related 55.27to conduct described in subitem (A) or (B);55.28    (ii) locating or apprehending the member is within the officer's official duties; and55.29    (iii) the request is made in writing and in the proper exercise of the officer's official 55.30duty;55.31    (19) the current address of a recipient of Minnesota family investment program, 55.32general assistance, general assistance medical care, or food support may be disclosed to 55.33law enforcement officers who, in writing, provide the name of the recipient and notify the 55.34agency that the recipient is a person required to register under section 
         243.166, but is not 55.35residing at the address at which the recipient is registered under section 
         243.166;56.1    (20) certain information regarding child support obligors who are in arrears may be 56.2made public according to section 
         518A.74;56.3    (21) data on child support payments made by a child support obligor and data on 56.4the distribution of those payments excluding identifying information on obligees may be 56.5disclosed to all obligees to whom the obligor owes support, and data on the enforcement 56.6actions undertaken by the public authority, the status of those actions, and data on the 56.7income of the obligor or obligee may be disclosed to the other party;56.8    (22) data in the work reporting system may be disclosed under section 
         256.998, 56.9subdivision 7
         ;56.10    (23) to the Department of Education for the purpose of matching Department of 56.11Education student data with public assistance data to determine students eligible for free 56.12and reduced price meals, meal supplements, and free milk according to United States 56.13Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 56.14state funds that are distributed based on income of the student's family; and to verify 56.15receipt of energy assistance for the telephone assistance plan;56.16    (24) the current address and telephone number of program recipients and emergency 56.17contacts may be released to the commissioner of health or a local board of health as 56.18defined in section 
         145A.02, subdivision 2, when the commissioner or local board of health 56.19has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 56.20risk of illness, and the data are necessary to locate the person;56.21    (25) to other state agencies, statewide systems, and political subdivisions of this 56.22state, including the attorney general, and agencies of other states, interstate information 56.23networks, federal agencies, and other entities as required by federal regulation or law for 56.24the administration of the child support enforcement program;56.25    (26) to personnel of public assistance programs as defined in section 
         256.741, for 56.26access to the child support system database for the purpose of administration, including 56.27monitoring and evaluation of those public assistance programs;56.28    (27) to monitor and evaluate the Minnesota family investment program by 56.29exchanging data between the Departments of Human Services and Education, on 56.30recipients and former recipients of food support, cash assistance under chapter 256, 256D, 56.31256J, or 256K, child care assistance under chapter 119B, or medical programs under 56.32chapter 256B, 256D, or 256L;56.33    (28) to evaluate child support program performance and to identify and prevent 56.34fraud in the child support program by exchanging data between the Department of Human 56.35Services, Department of Revenue under section 
         270B.14, subdivision 1, paragraphs (a) 56.36and (b), without regard to the limitation of use in paragraph (c), Department of Health, 57.1Department of Employment and Economic Development, and other state agencies as is 57.2reasonably necessary to perform these functions; or57.3    (29) counties operating child care assistance programs under chapter 119B may 57.4disseminate data on program participants, applicants, and providers to the commissioner 57.5of education.57.6    (b) Information on persons who have been treated for drug or alcohol abuse may 57.7only be disclosed according to the requirements of Code of Federal Regulations, title 57.842, sections 2.1 to 
         2.67.57.9    (c) Data provided to law enforcement agencies under paragraph (a), clause (15), 57.10(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 57.11nonpublic while the investigation is active. The data are private after the investigation 57.12becomes inactive under section 
         13.82, subdivision 5, paragraph (a) or (b).57.13    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is 57.14not subject to the access provisions of subdivision 10, paragraph (b).57.15    For the purposes of this subdivision, a request will be deemed to be made in writing 57.16if made through a computer interface system.57.17    Sec. 2. Minnesota Statutes 2006, section 16D.13, subdivision 3, is amended to read:57.18    Subd. 3. Exclusion. A state agency may not charge interest under this section on 57.19overpayments of assistance benefits under the programs formerly codified in sections 57.20256.031
          to 
         256.0361, 
         256.72 to 
         256.87, and under chapters 119B, 256D, and 256I, or the 57.21federal food stamp program. Notwithstanding this prohibition, any debts that have been 57.22reduced to judgment under these programs are subject to the interest charges provided 57.23under section 
         549.09.57.24    Sec. 3. Minnesota Statutes 2006, section 119B.011, is amended by adding a subdivision 57.25to read:57.26    Subd. 13a.Family stabilization services."Family stabilization services" means the 57.27services under section 256J.575. 57.28    Sec. 4. Minnesota Statutes 2006, section 119B.035, subdivision 1, is amended to read:57.29    Subdivision 1. Establishment. A family in which a parent provides care for the 57.30family's infant child may receive a subsidy in lieu of assistance if the family is eligible for 57.31or is receiving assistance under the basic sliding fee program. An eligible family must 57.32meet the eligibility factors under section 
         119B.09, except as provided in subdivision 4, 57.33and the requirements of this section. Subject to federal match and maintenance of effort 58.1requirements for the child care and development fund, and up to available appropriations, 58.2the commissioner shall establish a pool of up to three percent of the annual state 58.3appropriation for the basic sliding fee program to provide assistance under the at-home 58.4infant child care program and for administrative costs associated with the program. At 58.5the end of a fiscal year, the commissioner may carry forward any unspent funds under 58.6this section to the next fiscal year within the same biennium for assistance under the 58.7basic sliding fee program.58.8    Sec. 5. Minnesota Statutes 2006, section 119B.05, subdivision 1, is amended to read:58.9    Subdivision 1. Eligible participants. Families eligible for child care assistance 58.10under the MFIP child care program are:58.11    (1) MFIP participants who are employed or in job search and meet the requirements 58.12of section 
         119B.10; 58.13    (2) persons who are members of transition year families under section 
         119B.011, 58.14subdivision 20
         , and meet the requirements of section 
         119B.10; 58.15    (3) families who are participating in employment orientation or job search, or 58.16other employment or training activities that are included in an approved employability 58.17development plan under section 
         256J.95; 58.18    (4) MFIP families who are participating in work job search, job support, 58.19employment, or training activities as required in their employment plan, or in appeals, 58.20hearings, assessments, or orientations according to chapter 256J;58.21    (5) MFIP families who are participating in social services activities under chapter 58.22256J as required in their employment plan approved according to chapter 256J;58.23    (6) families who are participating in services or activities that are included in an 58.24approved family stabilization plan under section 256J.575;58.25    (7) families who are participating in programs as required in tribal contracts under 58.26section 
         119B.02, subdivision 2, or 
         256.01, subdivision 2; and58.27    (7) (8)  families who are participating in the transition year extension under section 58.28119B.011, subdivision 20a
         . 58.29    Sec. 6. Minnesota Statutes 2006, section 119B.09, subdivision 1, is amended to read:58.30    Subdivision 1. General Eligibility requirements for all applicants for child 58.31care assistance. (a) Child care services must be available to families who need child 58.32care to find or keep employment or to obtain the training or education necessary to find 58.33employment and who:59.1    (1) have household income less than or equal to 250 percent of the federal poverty 59.2guidelines, adjusted for family size, and meet the requirements of section 
         119B.05; 59.3receive MFIP assistance; and are participating in employment and training services under 59.4chapter 256J or 256K; or59.5    (2) have household income less than or equal to 175 percent of the federal poverty 59.6guidelines, adjusted for family size, at program entry and less than 250 percent of the 59.7federal poverty guidelines, adjusted for family size, at program exit.; or59.8    (3) have household income less than or equal to 250 percent of the federal poverty 59.9guidelines, adjusted for family size, and were a family whose child care assistance was 59.10terminated due to insufficient funds under Minnesota Rules, part 3400.0183.59.11    (b) Child care services must be made available as in-kind services.59.12    (c) All applicants for child care assistance and families currently receiving child care 59.13assistance must be assisted and required to cooperate in establishment of paternity and 59.14enforcement of child support obligations for all children in the family as a condition 59.15of program eligibility. For purposes of this section, a family is considered to meet the 59.16requirement for cooperation when the family complies with the requirements of section 59.17256.741
         .59.18EFFECTIVE DATE.This section is effective July 1, 2008.59.19    Sec. 7. Minnesota Statutes 2006, section 119B.09, subdivision 7, is amended to read:59.20    Subd. 7. Date of eligibility for assistance. (a) The date of eligibility for child 59.21care assistance under this chapter is the later of the date the application was signed; the 59.22beginning date of employment, education, or training; the date the infant is born for 59.23applicants to the at-home infant care program; or the date a determination has been made 59.24that the applicant is a participant in employment and training services under Minnesota 59.25Rules, part 3400.0080, subpart 2a, or chapter 256J.59.26    (b) Payment ceases for a family under the at-home infant child care program when a 59.27family has used a total of 12 months of assistance as specified under section 
         119B.035. 59.28Payment of child care assistance for employed persons on MFIP is effective the date of 59.29employment or the date of MFIP eligibility, whichever is later. Payment of child care 59.30assistance for MFIP or DWP participants in employment and training services is effective 59.31the date of commencement of the services or the date of MFIP or DWP eligibility, 59.32whichever is later. Payment of child care assistance for transition year child care must be 59.33made retroactive to the date of eligibility for transition year child care. 60.1    (c) Notwithstanding paragraph (b), payment of child care assistance for participants 60.2eligible under section 119B.05, may only be made retroactively for a maximum of six 60.3months from the date of application for child care assistance.60.4EFFECTIVE DATE.This section is effective July 1, 2008.60.5    Sec. 8. Minnesota Statutes 2006, section 119B.09, is amended by adding a subdivision 60.6to read:60.7    Subd. 11.Payment of other child care expenses.Payment by a source other 60.8than the family, of part or all of a family's child care expenses not payable under this 60.9chapter, does not affect the family's eligibility for child care assistance, and the amount 60.10paid is excluded from the family's income, if the funds are paid directly to the family's 60.11child care provider on behalf of the family. Child care providers who accept third-party 60.12payments must maintain family-specific documentation of payment source, amount, type 60.13of expenses, and time period covered by the payment.60.14    Sec. 9. Minnesota Statutes 2006, section 119B.09, is amended by adding a subdivision 60.15to read:60.16    Subd. 12.Sliding fee.Child care services to families must be made available on a 60.17sliding fee basis. The commissioner shall convert eligibility requirements in section 60.18119B.09 and parent fee schedules in 119B.12 to state median income, based on a family 60.19size of three, adjusted for family size, by July 1, 2008. The commissioner shall report 60.20to the 2008 legislature with the necessary statutory changes to codify this conversion 60.21to state median income. 60.22    Sec. 10. Minnesota Statutes 2006, section 119B.12, is amended to read:60.23119B.12 SLIDING FEE SCALE.60.24    Subdivision 1. Fee schedule. In setting the sliding fee schedule, the commissioner 60.25shall exclude from the amount of income used to determine eligibility an amount for 60.26federal and state income and Social Security taxes attributable to that income level 60.27according to federal and state standardized tax tables. The commissioner shall base the 60.28parent fee on the ability of the family to pay for child care. The fee schedule must be 60.29designed to use any available tax credits.60.30    PARENT FEE SCHEDULE.   The parent fee schedule is as follows: 

60.3160.32Income Range (as a percent of the federal poverty guidelines)Co-payment (as a percentage of adjusted gross income)60.33 0-74.99%$0/month61.175.00-99.99%$5/month61.2100.00-104.99%2.61%61.3105.00-109.99%2.61%61.4110.00-114.99%2.61%61.5115.00-119.99%2.61%61.6120.00-124.99%2.91%61.7125.00-129.99%2.91%61.8130.00-134.99%2.91%61.9135.00-139.99%2.91%61.10140.00-144.99%3.21%61.11145.00-149.99%3.21%61.12150.00-154.99%3.21%61.13155.00-159.99%3.84%61.14160.00-164.99%3.84%61.15165.00-169.99%4.46%61.16170.00-174.99%4.76%61.17175.00-179.99%5.05%61.18180.00-184.99%5.65%61.19185.00-189.99%5.95%61.20190.00-194.99%6.24%61.21195.00-199.99%6.84%61.22200.00-204.99%7.58%61.23205.00-209.99%8.33%61.24210.00-214.99%9.20%61.25215.00-219.99%10.07%61.26220.00-224.99%10.94%61.27225.00-229.99%11.55%61.28230.00-234.99%12.16%61.29235.00-239.99%12.77%61.30240.00-244.99%13.38%61.31245.00-249.99%14.00%61.32250%ineligible

61.33    A family's monthly co-payment fee is the fixed percentage established for the 61.34income range multiplied by the highest possible income within that income range.61.35    Subd. 2. Parent fee. A family must be assessed a parent fee for each service period. 61.36A family's parent fee must be a fixed percentage of its annual gross income. Parent fees 61.37must apply to families eligible for child care assistance under sections 
         119B.03 and 61.38119B.05
         . Income must be as defined in section 
         119B.011, subdivision 15. The fixed 61.39percent is based on the relationship of the family's annual gross income to 100 percent 61.40of the annual federal poverty guidelines. Parent fees must begin at 75 percent of the 61.41poverty level. The minimum parent fees for families between 75 percent and 100 percent 62.1of poverty level must be $10 $5 per month. Parent fees must provide for graduated 62.2movement to full payment. Payment of part or all of a family's parent fee directly to the 62.3family's child care provider on behalf of the family by a source other than the family shall 62.4not affect the family's eligibility for child care assistance, and the amount paid shall be 62.5excluded from the family's income. Child care providers who accept third-party payments 62.6must maintain family specific documentation of payment source, amount, and time period 62.7covered by the payment.62.8EFFECTIVE DATE.(a) This section is effective July 1, 2007. 62.9    (b) Effective July 1, 2008, the parent fee scale for families with incomes greater than 62.10or equal to 100 percent of FPG shall be converted to state median income for a family size 62.11of three, adjusted for family size, as directed in section 119B.09, subdivision 12. 62.12    Sec. 11. Minnesota Statutes 2006, section 119B.125, subdivision 2, is amended to read:62.13    Subd. 2. Persons who cannot be authorized. (a) A person who meets any of the 62.14conditions under paragraphs (b) to (n) must not be authorized as a legal nonlicensed 62.15family child care provider. To determine whether any of the listed conditions exist, 62.16the county must request information about the provider from the Bureau of Criminal 62.17Apprehension, the juvenile courts, and social service agencies. When one of the listed 62.18entities does not maintain information on a statewide basis, the county must contact the 62.19entity in the county where the provider resides and any other county in which the provider 62.20previously resided in the past year. For purposes of this subdivision, a finding that a 62.21delinquency petition is proven in juvenile court must be considered a conviction in state 62.22district court. If a county has determined that a provider is able to be authorized in that 62.23county, and a family in another county later selects that provider, the provider is able to 62.24be authorized in the second county without undergoing a new background investigation 62.25unless one of the following conditions exists:62.26    (1) two years have passed since the first authorization;62.27    (2) another person age 13 or older has joined the provider's household since the 62.28last authorization;62.29    (3) a current household member has turned 13 since the last authorization; or62.30    (4) there is reason to believe that a household member has a factor that prevents 62.31authorization.62.32    (b) The person has been convicted of one of the following offenses or has admitted to 62.33committing or a preponderance of the evidence indicates that the person has committed an 62.34act that meets the definition of one of the following offenses: sections 
         609.185 to 
         609.195, 62.35murder in the first, second, or third degree; 
         609.2661 to 
         609.2663, murder of an unborn 63.1child in the first, second, or third degree; 
         609.322, solicitation, inducement, promotion 63.2of prostitution, or receiving profit from prostitution; 
         609.342 to 
         609.345, criminal sexual 63.3conduct in the first, second, third, or fourth degree; 
         609.352, solicitation of children to 63.4engage in sexual conduct; 
         609.365, incest; 
         609.377, felony malicious punishment of a 63.5child; 
         617.246, use of minors in sexual performance; 
         617.247, possession of pictorial 63.6representation of a minor; 
         609.2242 to 
         609.2243, felony domestic assault; a felony offense 63.7of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime 63.8against children; or an attempt or conspiracy to commit any of these offenses as defined in 63.9Minnesota Statutes; or an offense in any other state or country where the elements are 63.10substantially similar to any of the offenses listed in this paragraph.63.11    (c) Less than 15 years have passed since the discharge of the sentence imposed for 63.12the offense and the person has received a felony conviction for one of the following 63.13offenses, or the person has admitted to committing or a preponderance of the evidence 63.14indicates that the person has committed an act that meets the definition of a felony 63.15conviction for one of the following offenses: sections 
         609.20 to 
         609.205, manslaughter in 63.16the first or second degree; 
         609.21, criminal vehicular homicide; 
         609.215, aiding suicide 63.17or aiding attempted suicide; 
         609.221 to 
         609.2231, assault in the first, second, third, or 63.18fourth degree; 
         609.224, repeat offenses of fifth degree assault; 
         609.228, great bodily 63.19harm caused by distribution of drugs; 
         609.2325, criminal abuse of a vulnerable adult; 63.20609.2335
         , financial exploitation of a vulnerable adult; 
         609.235, use of drugs to injure or 63.21facilitate a crime; 
         609.24, simple robbery; 
         617.241, repeat offenses of obscene materials 63.22and performances; 
         609.245, aggravated robbery; 
         609.25, kidnapping; 
         609.255, false 63.23imprisonment; 
         609.2664 to 
         609.2665, manslaughter of an unborn child in the first or 63.24second degree; 
         609.267 to 
         609.2672, assault of an unborn child in the first, second, or third 63.25degree; 
         609.268, injury or death of an unborn child in the commission of a crime; 
         609.27, 63.26coercion; 
         609.275, attempt to coerce; 
         609.324, subdivision 1, other prohibited acts, minor 63.27engaged in prostitution; 
         609.3451, repeat offenses of criminal sexual conduct in the fifth 63.28degree; 
         609.378, neglect or endangerment of a child; 
         609.52, theft; 
         609.521, possession of 63.29shoplifting gear; 
         609.561 to 
         609.563, arson in the first, second, or third degree; 
         609.582, 63.30burglary in the first, second, third, or fourth degree; 
         609.625, aggravated forgery; 
         609.63, 63.31forgery; 
         609.631, check forgery, offering a forged check; 
         609.635, obtaining signature 63.32by false pretenses; 
         609.66, dangerous weapon; 
         609.665, setting a spring gun; 
         609.67, 63.33unlawfully owning, possessing, or operating a machine gun; 
         609.687, adulteration; 
         609.71, 63.34riot; 
         609.713, terrorist threats; 
         609.749, harassment, stalking; 
         260C.301, termination of 63.35parental rights; 
         152.021 to 
         152.022 and 
         152.0262, controlled substance crime in the first 63.36or second degree; 
         152.023, subdivision 1, clause (3) or (4), or 
         152.023, subdivision 2, 64.1clause (4), controlled substance crime in third degree; 
         152.024, subdivision 1, clause 64.2(2), (3), or (4), controlled substance crime in fourth degree; 
         617.23, repeat offenses of 64.3indecent exposure; an attempt or conspiracy to commit any of these offenses as defined in 64.4Minnesota Statutes; or an offense in any other state or country where the elements are 64.5substantially similar to any of the offenses listed in this paragraph.64.6    (d) Less than ten years have passed since the discharge of the sentence imposed for 64.7the offense and the person has received a gross misdemeanor conviction for one of the 64.8following offenses or the person has admitted to committing or a preponderance of the 64.9evidence indicates that the person has committed an act that meets the definition of a gross 64.10misdemeanor conviction for one of the following offenses: sections 
         609.224, fifth degree 64.11assault; 
         609.2242 to 
         609.2243, domestic assault; 
         518B.01, subdivision 14, violation of 64.12an order for protection; 
         609.3451, fifth degree criminal sexual conduct; 
         609.746, repeat 64.13offenses of interference with privacy; 
         617.23, repeat offenses of indecent exposure; 64.14617.241
         , obscene materials and performances; 
         617.243, indecent literature, distribution; 64.15617.293
         , disseminating or displaying harmful material to minors; 
         609.71, riot; 
         609.66, 64.16dangerous weapons; 
         609.749, harassment, stalking; 
         609.224, subdivision 2, paragraph 64.17(c), fifth degree assault against a vulnerable adult by a caregiver; 
         609.23, mistreatment 64.18of persons confined; 
         609.231, mistreatment of residents or patients; 
         609.2325, criminal 64.19abuse of a vulnerable adult; 
         609.2335, financial exploitation of a vulnerable adult; 64.20609.233
         , criminal neglect of a vulnerable adult; 
         609.234, failure to report maltreatment of 64.21a vulnerable adult; 
         609.72, subdivision 3, disorderly conduct against a vulnerable adult; 64.22609.265
         , abduction; 
         609.378, neglect or endangerment of a child; 
         609.377, malicious 64.23punishment of a child; 
         609.324, subdivision 1a, other prohibited acts, minor engaged 64.24in prostitution; 
         609.33, disorderly house; 
         609.52, theft; 
         609.582, burglary in the first, 64.25second, third, or fourth degree; 
         609.631, check forgery, offering a forged check; 
         609.275, 64.26attempt to coerce; an attempt or conspiracy to commit any of these offenses as defined in 64.27Minnesota Statutes; or an offense in any other state or country where the elements are 64.28substantially similar to any of the offenses listed in this paragraph.64.29    (e) Less than seven years have passed since the discharge of the sentence imposed 64.30for the offense and the person has received a misdemeanor conviction for one of the 64.31following offenses or the person has admitted to committing or a preponderance of 64.32the evidence indicates that the person has committed an act that meets the definition 64.33of a misdemeanor conviction for one of the following offenses: sections 
         609.224, fifth 64.34degree assault; 
         609.2242, domestic assault; 
         518B.01, violation of an order for protection; 64.35609.3232
         , violation of an order for protection; 
         609.746, interference with privacy; 
         609.79, 64.36obscene or harassing telephone calls; 
         609.795, letter, telegram, or package opening, 65.1harassment; 
         617.23, indecent exposure; 
         609.2672, assault of an unborn child, third degree; 65.2617.293
         , dissemination and display of harmful materials to minors; 
         609.66, dangerous 65.3weapons; 
         609.665, spring guns; an attempt or conspiracy to commit any of these offenses 65.4as defined in Minnesota Statutes; or an offense in any other state or country where the 65.5elements are substantially similar to any of the offenses listed in this paragraph.65.6    (f) The person has been identified by the child protection agency in the county where 65.7the provider resides or a county where the provider has resided or by the statewide child 65.8protection database as a person found by a preponderance of evidence under section 65.9626.556
          to be responsible for physical or sexual abuse of a child within the last seven years.65.10    (g) The person has been identified by the adult protection agency in the county 65.11where the provider resides or a county where the provider has resided or by the statewide 65.12adult protection database as the person responsible for abuse or neglect of a vulnerable 65.13adult within the last seven years.65.14    (h) The person has refused to give written consent for disclosure of criminal history 65.15records.65.16    (i) The person has been denied a family child care license or has received a fine or a 65.17sanction as a licensed child care provider that has not been reversed on appeal.65.18    (j) The person has a family child care licensing disqualification that has not been 65.19set aside.65.20    (k) The person has admitted or a county has found that there is a preponderance of 65.21evidence that fraudulent information was given to the county for child care assistance 65.22application purposes or was used in submitting child care assistance bills for payment.65.23    (l) The person has been convicted of the crime of theft by wrongfully obtaining 65.24public assistance or has been found guilty of wrongfully obtaining public assistance by a 65.25federal court, state court, or an administrative hearing determination or waiver, through a 65.26disqualification consent agreement, as part of an approved diversion plan under section 65.27401.065, or a court-ordered stay with probationary or other conditions.65.28    (m) The person has a household member age 13 or older who has access to children 65.29during the hours that care is provided and who meets one of the conditions listed in 65.30paragraphs (b) to (l).65.31    (n) The person has a household member ages ten to 12 who has access to children 65.32during the hours that care is provided; information or circumstances exist which provide 65.33the county with articulable suspicion that further pertinent information may exist showing 65.34the household member meets one of the conditions listed in paragraphs (b) to (l); and the 65.35household member actually meets one of the conditions listed in paragraphs (b) to (l).66.1    Sec. 12. Minnesota Statutes 2006, section 119B.13, subdivision 1, is amended to read:66.2    Subdivision 1. Subsidy restrictions. (a) Beginning July 1, 2006, the maximum rate 66.3paid for child care assistance in any county or multicounty region under the child care 66.4fund shall be the  rate for like-care arrangements in the county effective January 1, 2006, 66.5increased by six percent.66.6    (b) Rate changes shall be implemented for services provided in September 2006 66.7unless a participant eligibility redetermination or a new provider agreement is completed 66.8between July 1, 2006, and August 31, 2006.66.9    As necessary, appropriate notice of adverse action must be made according to 66.10Minnesota Rules, part 
         3400.0185, subparts 3 and 4.66.11    New cases approved on or after  July 1, 2006, shall have the maximum rates under 66.12paragraph (a), implemented immediately.66.13    (c) Not less than once every two years Every year, the commissioner shall survey 66.14rates charged by child care providers in Minnesota to determine the 75th percentile for 66.15like-care arrangements in counties. When the commissioner determines that, using the 66.16commissioner's established protocol, the number of providers responding to the survey is 66.17too small to determine the 75th percentile rate for like-care arrangements in a county or 66.18multicounty region, the commissioner may establish the 75th percentile maximum rate 66.19based on like-care arrangements in a county, region, or category that the commissioner 66.20deems to be similar.66.21    (d) A rate which includes a special needs rate paid under subdivision 3 or under 66.22a school readiness service agreement paid under section 61 may be in excess of the 66.23maximum rate allowed under this subdivision.66.24    (e) The department shall monitor the effect of this paragraph on provider rates. The 66.25county shall pay the provider's full charges for every child in care up to the maximum 66.26established. The commissioner shall determine the maximum rate for each type of care on 66.27an hourly, full-day, and weekly basis, including special needs and disability care.66.28    (f) When the provider charge is greater than the maximum provider rate allowed, 66.29the parent is responsible for payment of the difference in the rates in addition to any 66.30family co-payment fee.66.31    Sec. 13. Minnesota Statutes 2006, section 119B.13, subdivision 3a, is amended to read:66.32    Subd. 3a. Provider rate differential for accreditation. A family child care 66.33provider or child care center shall be paid a 15 percent differential above the maximum 66.34rate established in subdivision 1, up to the actual provider rate, if the provider or center 66.35holds a current early childhood development credential or is accredited.  For a family 67.1child care provider, early childhood development credential and accreditation includes 67.2an individual who has earned a child development associate degree, a child development 67.3associate credential, a diploma in child development from a Minnesota state technical 67.4college, or a bachelor's or post baccalaureate degree in early childhood education from 67.5an accredited college or university, or who is accredited by the National Association for 67.6Family Child Care or the Competency Based Training and Assessment Program.  For a 67.7child care center, accreditation includes accreditation by the National Association for the 67.8Education of Young Children, the Council on Accreditation, the National Early Childhood 67.9Program Accreditation, the National School-Age Care Association, or the National Head 67.10Start Association Program of Excellence.  For Montessori programs, accreditation includes 67.11the American Montessori Society, Association of Montessori International-USA, or the 67.12National Center for Montessori Education.67.13    Sec. 14. Minnesota Statutes 2006, section 119B.13, subdivision 6, is amended to read:67.14    Subd. 6. Provider payments. (a) Counties or the state shall make vendor payments 67.15to the child care provider or pay the parent directly for eligible child care expenses.67.16    (b) If payments for child care assistance are made to providers, the provider shall 67.17bill the county for services provided within ten days of the end of the service period. If 67.18bills are submitted within ten days of the end of the service period, a county or the state 67.19shall issue payment to the provider of child care under the child care fund within 30 days 67.20of receiving a bill from the provider. Counties or the state may establish policies that 67.21make payments on a more frequent basis.67.22    (c) All billsIf a provider has received an authorization of care and has been issued a 67.23billing form for an eligible family, the bill must be submitted within 60 days of the last 67.24date of service on the bill. A county may pay a bill submitted more than 60 days after 67.25the last date of service if the provider shows good cause why the bill was not submitted 67.26within 60 days. Good cause must be defined in the county's child care fund plan under 67.27section 
         119B.08, subdivision 3, and the definition of good cause must include county 67.28error. A county may not pay any bill submitted more than a year after the last date of 67.29service on the bill. 67.30    (d) If a provider provided care for a time period without receiving an authorization 67.31of care and a billing form for an eligible family, payment of child care assistance may only 67.32be made retroactively for a maximum of six months from the date the provider is issued an 67.33authorization of care and a billing form.67.34    (d)(e) A county may stop payment issued to a provider or may refuse to pay a 67.35bill submitted by a provider if:68.1    (1) the provider admits to intentionally giving the county materially false information 68.2on the provider's billing forms; or68.3    (2) a county finds by a preponderance of the evidence that the provider intentionally 68.4gave the county materially false information on the provider's billing forms.68.5    (e)(f) A county's payment policies must be included in the county's child care plan 68.6under section 
         119B.08, subdivision 3. If payments are made by the state, in addition to 68.7being in compliance with this subdivision, the payments must be made in compliance 68.8with section 
         16A.124. 68.9    Sec. 15. Minnesota Statutes 2006, section 119B.13, subdivision 7, is amended to read:68.10    Subd. 7. Absent days. (a) Child care providers may not be reimbursed for more 68.11than 25 full-day absent days per child, excluding holidays, in a fiscal year, or for more 68.12than ten consecutive full-day absent days, unless the child has a documented medical 68.13condition that causes more frequent absences. Absences due to a documented medical 68.14condition of a parent or sibling who lives in the same residence as the child receiving 68.15child care assistance do not count against the 25-day absent day limit in a fiscal year. 68.16Documentation of medical conditions must be on the forms and submitted according to 68.17the timelines established by the commissioner. A public health nurse or school nurse 68.18may verify the illness in lieu of a medical practitioner. If a provider sends a child home 68.19early due to a medical reason, including, but not limited to, fever or contagious illness, 68.20the child care center director or lead teacher may verify the illness in lieu of a medical 68.21practitioner. If a child attends for part of the time authorized to be in care in a day, but is 68.22absent for part of the time authorized to be in care in that same day, the absent time will be 68.23reimbursed but the time will not count toward the ten consecutive or 25 cumulative absent 68.24day limits. Children in families where at least one parent is under the age of 21, does not 68.25have a high school or general equivalency diploma, and is a student in a school district 68.26or another similar program that provides or arranges for child care, as well as parenting, 68.27social services, career and employment supports, and academic support to achieve high 68.28school graduation, may be exempt from the absent day limits upon request of the program 68.29and approval of the county. If a child attends part of an authorized day, payment to the 68.30provider must be for the full amount of care authorized for that day. Child care providers 68.31may only be reimbursed for absent days if the provider has a written policy for child 68.32absences and charges all other families in care for similar absences. 68.33    (b) Child care providers must be reimbursed for up to ten federal or state holidays 68.34or designated holidays per year when the provider charges all families for these days 68.35and the holiday or designated holiday falls on a day when the child is authorized to be 69.1in attendance. Parents may substitute other cultural or religious holidays for the ten 69.2recognized state and federal holidays. Holidays do not count toward the ten consecutive or 69.325 cumulative absent day limits. 69.4    (c) A family or child care provider may not be assessed an overpayment for an 69.5absent day payment unless (1) there was an error in the amount of care authorized for the 69.6family, (2) all of the allowed full-day absent payments for the child have been paid, or (3) 69.7the family or provider did not timely report a change as required under law.69.8    (d) The provider and family must receive notification of the number of absent days 69.9used upon initial provider authorization for a family and when the family has used 15 69.10cumulative absent days. Upon statewide implementation of the Minnesota Electronic 69.11Child Care System, the provider and family authorization for a family and ongoing 69.12notification of the number of absent days used as of the date of the notification.69.13    (e) A county may pay for more absent days than the statewide absent day policy 69.14established under this subdivision if current market practice in the county justifies payment 69.15for those additional days. County policies for payment of absent days in excess of the 69.16statewide absent day policy and justification for these county policies must be included in 69.17the county's child care fund plan under section 119B.08, subdivision 3. This paragraph 69.18may be implemented by counties on or after July 1, 2008.69.19    Sec. 16. Minnesota Statutes 2006, section 119B.21, subdivision 5, is amended to read:69.20    Subd. 5. Child care services grants. (a) A child care resource and referral program 69.21designated under section 
         119B.19, subdivision 1a, may award child care services grants 69.22for: 69.23    (1) creating new licensed child care facilities and expanding existing facilities, 69.24including, but not limited to, supplies, equipment, facility renovation, and remodeling;69.25    (2) improving licensed child care facility programs;69.26    (3) staff training and development services including, but not limited to, in-service 69.27training, curriculum development, accreditation, certification, consulting, resource centers, 69.28and program and resource materials, supporting effective teacher-child interactions, 69.29child-focused teaching, and content-driven classroom instruction;69.30    (4) interim financing;69.31    (5) capacity building through the purchase of appropriate technology to create, 69.32enhance, and maintain business management systems;69.33    (6) emergency assistance for child care programs;69.34    (7) new programs or projects for the creation, expansion, or improvement of 69.35programs that serve ethnic immigrant and refugee communities; and70.1    (8) targeted recruitment initiatives to expand and build the capacity of the child 70.2care system and to improve the quality of care provided by legal nonlicensed child care 70.3providers.70.4    (b) A child care resource and referral program designated under section 
         119B.19, 70.5subdivision 1a
         , may award child care services grants to: 70.6    (1) licensed providers;70.7    (2) providers in the process of being licensed;70.8    (3) corporations or public agencies that develop or provide child care services;70.9    (4) school-age care programs; or70.10    (5) any combination of clauses (1) to (4).70.11Unlicensed providers are only eligible for grants under paragraph (a), clause (7).70.12    (c) A recipient of a child care services grant for facility improvements, interim 70.13financing, or staff training and development must provide a 25 percent local match.70.14    Sec. 17. Minnesota Statutes 2006, section 256.01, subdivision 4, is amended to read:70.15    Subd. 4. Duties as state agency.(a) The state agency shall:70.16    (1) supervise the administration of assistance to dependent children under Laws 70.171937, chapter 438, by the county agencies in an integrated program with other service for 70.18dependent children maintained under the direction of the state agency;70.19    (2) may subpoena witnesses and administer oaths, make rules, and take such action 70.20as may be necessary, or desirable for carrying out the provisions of Laws 1937, chapter 70.21438. All rules made by the state agency shall be binding on the counties and shall be 70.22complied with by the respective county agencies;70.23    (3)(2) establish adequate standards for personnel employed by the counties and the 70.24state agency in the administration of Laws 1937, chapter 438, and make the necessary 70.25rules to maintain such standards;70.26    (4)(3) prescribe the form of and print and supply to the county agencies blanks 70.27for applications, reports, affidavits, and such other forms as it may deem necessary and 70.28advisable;70.29    (5)(4) cooperate with the federal government and its public welfare agencies 70.30in any reasonable manner as may be necessary to qualify for federal aid for temporary 70.31assistance for needy families and in conformity with title I of Public Law 104-193, the 70.32Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and successor 70.33amendments, including the making of such reports and such forms and containing such 70.34information as the Federal Social Security Board may from time to time require, and 71.1comply with such provisions as such board may from time to time find necessary to assure 71.2the correctness and verification of such reports;71.3    (6) may cooperate with other state agencies in establishing reciprocal agreements in 71.4instances where a child receiving Minnesota family investment program assistance moves 71.5or contemplates moving into or out of the state, in order that such child may continue to 71.6receive supervised aid from the state moved from until the child shall have resided for 71.7one year in the state moved to;71.8    (7)(5) on or before October 1 in each even-numbered year make a biennial report 71.9to the governor concerning the activities of the agency;71.10    (8)(6) enter into agreements with other departments of the state as necessary to meet 71.11all requirements of the federal government; and71.12    (9)(7) cooperate with the commissioner of education to enforce the requirements 71.13for program integrity and fraud prevention for investigation for child care assistance 71.14under chapter 119B.71.15    (b) The state agency may:71.16    (1) subpoena witnesses and administer oaths, make rules, and take such action as 71.17may be necessary or desirable for carrying out the provisions of Laws 1937, chapter 438. 71.18All rules made by the state agency shall be binding on the counties and shall be complied 71.19with by the respective county agencies;71.20    (2) cooperate with other state agencies in establishing reciprocal agreements in 71.21instances where a child receiving Minnesota family investment program assistance moves 71.22or contemplates moving into or out of the state, in order that the child may continue 71.23to receive supervised aid from the state moved from until the child has resided for one 71.24year in the state moved to; and71.25    (3) administer oaths and affirmations, take depositions, certify to official acts, and 71.26issue subpoenas to compel the attendance of individuals and the production of documents 71.27and other personal property necessary in connection with the administration of programs 71.28administered by the Department of Human Services.71.29    (c) The fees for service of a subpoena in paragraph (b), clause (3), must be paid in 71.30the same manner as prescribed by law for a service of process issued by a district court. 71.31Witnesses must receive the same fees and mileage as in civil actions.71.32    (d) The subpoena in paragraph (b), clause (3), shall be enforceable through the 71.33district court in the district where the subpoena is issued.71.34    Sec. 18. Minnesota Statutes 2006, section 256.01, is amended by adding a subdivision 71.35to read:72.1    Subd. 23.Administrative simplification; county cost study. (a) The commissioner 72.2shall establish and convene the first meeting of an advisory committee to identify ways 72.3to simplify and streamline human services laws and administrative requirements. The 72.4advisory committee shall select its chair from its membership at the first meeting.72.5    (b) The committee shall consist of three senators appointed by the senate 72.6Subcommittee on Committees of the Committee on Rules and Administration, three 72.7state representatives appointed by the speaker of the house of representatives, and 72.8nine department staff and county representatives appointed by the commissioner. The 72.9appointments required under this paragraph must be completed by September 1, 2007.72.10    (c) The committee shall discuss methods of reducing inconsistency between 72.11programs and complexity within programs in order to improve administrative efficiency 72.12and reduce the risk of recipient noncompliance. Topics for discussion may include child 72.13support enforcement, adoption services, child care licensing, child care assistance, and 72.14other programs. The state senators and state representatives on the advisory committee, 72.15in consultation with the advisory committee, shall report annually to the chairs of the 72.16legislative committees and divisions with jurisdiction over the Department of Human 72.17Services, beginning January 15, 2008, with recommendations developed by the advisory 72.18group.72.19    (d) The commissioner, in consultation with the advisory committee, shall study 72.20and report to the legislature by January 15, 2009, on the transfer of any responsibilities 72.21between the department and counties that would result in more efficient and effective 72.22administration of human services programs.72.23    (e) This section expires on June 30, 2012.72.24    Sec. 19. Minnesota Statutes 2006, section 256.015, subdivision 7, is amended to read:72.25    Subd. 7. Cooperation required. Upon the request of the Department of Human 72.26Services, any state agency or third party payer shall cooperate with the department in 72.27furnishing information to help establish a third party liability. Upon the request of the 72.28Department of Human Services or county child support or human service agencies, any 72.29employer or third party payer shall cooperate in furnishing information about group health 72.30insurance plans or medical benefit plans available to its employees. For purposes of 72.31section 176.191, subdivision 4, the Department of Labor and Industry may allow the 72.32Department of Human Services and county agencies direct access and data matching on 72.33information relating to workers' compensation claims in order to determine whether the 72.34claimant has reported the fact of a pending claim and the amount paid to or on behalf of 72.35the claimant to the Department of Human Services. The Department of Human Services 73.1and county agencies shall limit its use of information gained from agencies, third party 73.2payers, and employers to purposes directly connected with the administration of its public 73.3assistance and child support programs. The provision of information by agencies, third 73.4party payers, and employers to the department under this subdivision is not a violation of 73.5any right of confidentiality or data privacy.73.6    Sec. 20. Minnesota Statutes 2006, section 256.017, subdivision 1, is amended to read:73.7    Subdivision 1. Authority and purpose. The commissioner shall administer a 73.8compliance system for the Minnesota family investment program, the food stamp or food 73.9support program, emergency assistance, general assistance, medical assistance, general 73.10assistance medical care, emergency general assistance, Minnesota supplemental assistance, 73.11preadmission screening, and alternative care grants, and the child care assistance program73.12under the powers and authorities named in section 
         256.01, subdivision 2. The purpose of 73.13the compliance system is to permit the commissioner to supervise the administration of 73.14public assistance programs and to enforce timely and accurate distribution of benefits, 73.15completeness of service and efficient and effective program management and operations, 73.16to increase uniformity and consistency in the administration and delivery of public 73.17assistance programs throughout the state, and to reduce the possibility of sanctions and 73.18fiscal disallowances for noncompliance with federal regulations and state statutes. 73.19    The commissioner shall utilize training, technical assistance, and monitoring 73.20activities, as specified in section 
         256.01, subdivision 2, to encourage county agency 73.21compliance with written policies and procedures. 73.22    Sec. 21. Minnesota Statutes 2006, section 256.017, subdivision 9, is amended to read:73.23    Subd. 9. Timing and disposition of penalty and case disallowance funds. Quality 73.24control case penalty and administrative penalty amounts shall be disallowed or withheld 73.25from the next regular reimbursement made to the county agency for state and federal 73.26benefit reimbursements and federal administrative reimbursements for all programs 73.27covered in this section, according to procedures established in statute, but shall not be 73.28imposed sooner than 30 calendar days from the date of written notice of such penalties. 73.29Except for penalties withheld under the child care assistance program, all penalties 73.30must be deposited in the county incentive fund provided in section 
         256.018. Penalties 73.31withheld under the child care assistance program shall be reallocated to counties using the 73.32allocation formula under section 119B.03, subdivision 5. All penalties must be imposed 73.33according to this provision until a decision is made regarding the status of a written 74.1exception. Penalties must be returned to county agencies when a review of a written 74.2exception results in a decision in their favor. 74.3    Sec. 22. Minnesota Statutes 2006, section 256.984, subdivision 1, is amended to read:74.4    Subdivision 1. Declaration. Every application for public assistance under this 74.5chapter or chapters 256B, 256D, 256J, and 256L; child care programs under chapter 119B; 74.6and food stamps or food support under chapter 393 shall be in writing or reduced to 74.7writing as prescribed by the state agency and shall contain the following declaration which 74.8shall be signed by the applicant:74.9"I declare under the penalties of perjury that this application has been examined 74.10by me and to the best of my knowledge is a true and correct statement of every 74.11material point. I understand that a person convicted of perjury may be sentenced 74.12to imprisonment of not more than five years or to payment of a fine of not more 74.13than $10,000, or both."74.14    Sec. 23. [256D.0516] EXPIRATION OF FOOD SUPPORT BENEFITS AND 74.15REPORTING REQUIREMENTS.74.16    Subdivision 1.Expiration of food support benefits.Food support benefits shall 74.17not be stored off line or expunged from a recipient's account unless the benefits have not 74.18been accessed for 12 months after the month they were issued.74.19    Subd. 2.Food support reporting requirements.The commissioner of human 74.20services shall implement simplified reporting as permitted under the Food Stamp Act of 74.211977, as amended, and the food stamp regulations in Code of Federal Regulations, title 74.227, part 273. Food support recipient households required to report periodically shall not 74.23be required to report more often than one time every six months. This provision shall 74.24not apply to households receiving food benefits under the Minnesota family investment 74.25program waiver.74.26EFFECTIVE DATE.Subdivision 1 is effective February 1, 2008, and subdivision 74.272 is effective May 1, 2008.74.28    Sec. 24. [256F.15] GRANT PROGRAM FOR CRISIS NURSERIES.74.29    Subdivision 1.Crisis nurseries.The commissioner of human services shall 74.30establish a grant program to assist private and public agencies and organizations to 74.31provide crisis nurseries to offer services and temporary care to families experiencing crisis 74.32situations including children who are at high risk of abuse and neglect, children who have 74.33been abused and neglected, and children who are in families receiving child protective 75.1services. This service shall be provided without a fee for a maximum of 30 days in any 75.2year. Crisis nurseries shall provide short-term case management, family support services, 75.3parent education, crisis intervention, referrals, and resources, as needed.75.4    (a) The crisis nurseries must provide a spectrum of services that may include, but 75.5are not limited to:75.6    (1) being available 24 hours a day, seven days a week;75.7    (2) providing services for children up to 72 hours at any one time;75.8    (3) providing short-term case management to bridge the gap between crisis and 75.9successful living;75.10    (4) making referrals for parents to counseling services and other community 75.11resources to help alleviate the underlying cause of the precipitating stress or crisis;75.12    (5) providing services without a fee for a maximum of 30 days in any year;75.13    (6) providing services to families with children from birth through 12 years of age, 75.14as services are available;75.15    (7) providing an immediate response to family needs and strengths with an initial 75.16assessment and intake interview, making referrals to appropriate agencies or programs, 75.17and providing temporary care of children, as needed;75.18    (8) maintaining the clients' confidentiality to the extent required by law, and also 75.19complying with statutory reporting requirements which may mandate a report to child 75.20protective services;75.21    (9) providing a volunteer component and support for volunteers;75.22    (10) providing preservice training and ongoing training to providers and volunteers;75.23    (11) evaluating the services provided by documenting use of services, the result of 75.24family referrals made to community resources, and how the services reduced the risk of 75.25maltreatment;75.26    (12) providing developmental assessments;75.27    (13) providing medical assessments as determined by using a risk screening tool;75.28    (14) providing parent education classes or programs that include parent-child 75.29interaction either on site or in collaboration with other community agencies; and75.30    (15) having a multidisciplinary advisory board which may include one or more 75.31parents who have used the crisis nursery services.75.32    (b) The crisis nurseries are encouraged to provide opportunities for parents to 75.33volunteer, if appropriate.75.34    (c) Parents shall retain custody of their children during placement in a crisis facility.75.35    Subd. 2.Fund distribution.In distributing funds, the commissioner shall give 75.36priority consideration to agencies and organizations with experience in working with 76.1abused or neglected children and their families, and with children at high risk of abuse and 76.2neglect and their families, and serve communities which demonstrate the greatest need 76.3for these services. Funds shall be distributed to crisis nurseries according to a formula 76.4developed by the commissioner in consultation with the Minnesota Crisis Nursery 76.5Association. The formula shall include funding for all existing crisis nursery programs 76.6that have been previously funded through the Department of Human Services and that 76.7meet program requirements as specified in subdivision 1, paragraph (a), and consideration 76.8of factors reflecting the need for services in each service area, including but not limited to 76.9the number of children 18 years of age and under living in the service area, the percent 76.10of children 18 years of age and under living in poverty in the service area, and factors 76.11reflecting the cost of providing services, including but not limited to the number of hours 76.12of service provided in the previous year.76.13    Sec. 25. Minnesota Statutes 2006, section 256J.01, is amended by adding a subdivision 76.14to read:76.15    Subd. 6.Legislative approval to move programs or activities.The commissioner 76.16shall not move programs or activities funded with MFIP or TANF maintenance of effort 76.17funds to other funding sources without legislative approval.76.18    Sec. 26. Minnesota Statutes 2006, section 256J.02, subdivision 1, is amended to read:76.19    Subdivision 1. Commissioner's authority to administer block grant funds. The 76.20commissioner of human services is authorized to receive, administer, and expend funds 76.21available under the TANF block grant authorized under title I of Public Law 104-193, the 76.22Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and under 76.23Public Law 109-171, the Deficit Reduction Act of 2005.76.24    Sec. 27. Minnesota Statutes 2006, section 256J.02, subdivision 4, is amended to read:76.25    Subd. 4. Authority to transfer. Subject to limitations of title I of Public Law 76.26104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 76.27as amended, and under Public Law 109-171, the Deficit Reduction Act of 2005, the 76.28legislature may transfer money from the TANF block grant to the child care fund under 76.29chapter 119B, or the Title XX block grant.76.30    Sec. 28. Minnesota Statutes 2006, section 256J.021, is amended to read:76.31256J.021 SEPARATE STATE PROGRAM FOR USE OF STATE MONEY.77.1    (a) Until October 1,  2006, the commissioner of human services must treat MFIP 77.2expenditures made to or on behalf of any minor child under section 256J.02, subdivision 77.32, clause (1), who is a resident of this state under section 256J.12, and who is part of a 77.4two-parent eligible household as expenditures under a separately funded state program 77.5and report those expenditures to the federal Department of Health and Human Services as 77.6separate state program expenditures under Code of Federal Regulations, title 45, section 77.7263.5. Families receiving assistance under this section shall comply with all applicable 77.8requirements in this chapter.77.9    (b) Beginning October 1, 2006, the commissioner of human services must treat 77.10MFIP expenditures made to or on behalf of any minor child under section 
         256J.02, 77.11subdivision 2, clause (1), who is a resident of this state under section 256J.12, and who is 77.12part of a two-parent eligible household, as expenditures under a separately funded state 77.13program. These expenditures shall not count toward the state's maintenance of effort 77.14(MOE) requirements under the federal Temporary Assistance to Needy Families (TANF) 77.15program except if counting certain families would allow the commissioner to avoid a 77.16federal penalty. Families receiving assistance under this section must comply with all 77.17applicable requirements in this chapter.77.18    (c) Beginning July 1, 2007, the commissioner of human services shall treat MFIP 77.19expenditures made to or on behalf of any minor child who is part of a household that meets 77.20criteria in section 256J.575, subdivision 3, as expenditures under a separately funded state 77.21program under section 256J.575, subdivision 8.77.22    Sec. 29. Minnesota Statutes 2006, section 256J.08, subdivision 65, is amended to read:77.23    Subd. 65. Participant.(a) "Participant" means includes any of the following:77.24    (1) a person who is currently receiving cash assistance or the food portion available 77.25through MFIP. A person who fails to withdraw or access electronically any portion of the 77.26person's cash and food assistance payment by the end of the payment month, who makes a 77.27written request for closure before the first of a payment month and repays cash and food 77.28assistance electronically issued for that payment month within that payment month, or 77.29who returns any uncashed assistance check and food coupons and withdraws from the 77.30program is not a participant.;77.31    (2) a person who withdraws a cash or food assistance payment by electronic transfer 77.32or receives and cashes an MFIP assistance check or food coupons and is subsequently 77.33determined to be ineligible for assistance for that period of time is a participant, regardless 77.34whether that assistance is repaid. The term "participant" includes;78.1    (3) the caregiver relative and the minor child whose needs are included in the 78.2assistance payment.;78.3    (4) a person in an assistance unit who does not receive a cash and food assistance 78.4payment because the case has been suspended from MFIP is a participant.;78.5    (5) a person who receives cash payments under the diversionary work program 78.6under section 
         256J.95 is a participant.; and78.7    (6) a person who receives cash payments under family stabilization services under 78.8section 256J.575.78.9    (b) "Participant" does not include a person who fails to withdraw or access 78.10electronically any portion of the person's cash and food assistance payment by the end of 78.11the payment month, who makes a written request for closure before the first of a payment 78.12month and repays cash and food assistance electronically issued for that payment month 78.13within that payment month, or who returns any uncashed assistance check and food 78.14coupons and withdraws from the program.78.15EFFECTIVE DATE.This section is effective the day following final enactment.78.16    Sec. 30. Minnesota Statutes 2006, section 256J.20, subdivision 3, is amended to read:78.17    Subd. 3. Other property limitations. To be eligible for MFIP, the equity value of 78.18all nonexcluded real and personal property of the assistance unit must not exceed $2,000 78.19for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to 78.20(19) must be excluded when determining the equity value of real and personal property:78.21    (1) a licensed vehicle up to a loan value of less than or equal to $7,500. The county 78.22agency shall apply any excess loan value as if it were equity value to the asset limit 78.23described in this section. If the assistance unit owns more than one licensed vehicle, the 78.24county agency shall determine the vehicle with the highest loan value and count only the 78.25loan value over $7,500, the loan value of all additional vehicles and exclude the combined 78.26loan value of less than or equal to $7,500. The county agency shall apply any excess loan 78.27value as if it were equity value to the asset limit described in this section, excluding: (i) 78.28the value of one vehicle per physically disabled person when the vehicle is needed to 78.29transport the disabled unit member; this exclusion does not apply to mentally disabled 78.30people; (ii) the value of special equipment for a disabled member of the assistance unit; 78.31and (iii) any vehicle used for long-distance travel, other than daily commuting, for the 78.32employment of a unit member.78.33    The county agency shall count the loan value of all other vehicles and apply this 78.34amount as if it were equity value to the asset limit described in this section. To establish the 78.35loan value of vehicles, a county agency must use the N.A.D.A. Official Used Car Guide, 79.1Midwest Edition, for newer model cars. When a vehicle is not listed in the guidebook, 79.2or when the applicant or participant disputes the loan value listed in the guidebook as 79.3unreasonable given the condition of the particular vehicle, the county agency may require 79.4the applicant or participant document the loan value by securing a written statement from 79.5a motor vehicle dealer licensed under section 
         168.27, stating the amount that the dealer 79.6would pay to purchase the vehicle. The county agency shall reimburse the applicant or 79.7participant for the cost of a written statement that documents a lower loan value; 79.8    (2) the value of life insurance policies for members of the assistance unit;79.9    (3) one burial plot per member of an assistance unit;79.10    (4) the value of personal property needed to produce earned income, including 79.11tools, implements, farm animals, inventory, business loans, business checking and 79.12savings accounts used at least annually and used exclusively for the operation of a 79.13self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use 79.14is to produce income and if the vehicles are essential for the self-employment business;79.15    (5) the value of personal property not otherwise specified which is commonly 79.16used by household members in day-to-day living such as clothing, necessary household 79.17furniture, equipment, and other basic maintenance items essential for daily living;79.18    (6) the value of real and personal property owned by a recipient of Supplemental 79.19Security Income or Minnesota supplemental aid;79.20    (7) the value of corrective payments, but only for the month in which the payment 79.21is received and for the following month;79.22    (8) a mobile home or other vehicle used by an applicant or participant as the 79.23applicant's or participant's home;79.24    (9) money in a separate escrow account that is needed to pay real estate taxes or 79.25insurance and that is used for this purpose;79.26    (10) money held in escrow to cover employee FICA, employee tax withholding, 79.27sales tax withholding, employee worker compensation, business insurance, property rental, 79.28property taxes, and other costs that are paid at least annually, but less often than monthly;79.29    (11) monthly assistance payments for the current month's or short-term emergency 79.30needs under section 
         256J.626, subdivision 2; 79.31    (12) the value of school loans, grants, or scholarships for the period they are 79.32intended to cover;79.33    (13) payments listed in section 
         256J.21, subdivision 2, clause (9), which are held 79.34in escrow for a period not to exceed three months to replace or repair personal or real 79.35property; 79.36    (14) income received in a budget month through the end of the payment month;80.1    (15) savings from earned income of a minor child or a minor parent that are set aside 80.2in a separate account designated specifically for future education or employment costs;80.3    (16) the federal earned income credit, Minnesota working family credit, state and 80.4federal income tax refunds, state homeowners and renters credits under chapter 290A, 80.5property tax rebates and other federal or state tax rebates in the month received and the 80.6following month;80.7    (17) payments excluded under federal law as long as those payments are held in a 80.8separate account from any nonexcluded funds;80.9    (18) the assets of children ineligible to receive MFIP benefits because foster care or 80.10adoption assistance payments are made on their behalf; and80.11    (19) the assets of persons whose income is excluded under section 
         256J.21, 80.12subdivision 2
         , clause (43). 80.13    Sec. 31. Minnesota Statutes 2006, section 256J.21, subdivision 2, is amended to read:80.14    Subd. 2. Income exclusions. The following must be excluded in determining a 80.15family's available income:80.16    (1) payments for basic care, difficulty of care, and clothing allowances received for 80.17providing family foster care to children or adults under Minnesota Rules, parts 9555.5050 80.18to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, and payments received and used 80.19for care and maintenance of a third-party beneficiary who is not a household member;80.20    (2) reimbursements for employment training received through the Workforce 80.21Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;80.22    (3) reimbursement for out-of-pocket expenses incurred while performing volunteer 80.23services, jury duty, employment, or informal carpooling arrangements directly related to 80.24employment;80.25    (4) all educational assistance, except the county agency must count graduate student 80.26teaching assistantships, fellowships, and other similar paid work as earned income and, 80.27after allowing deductions for any unmet and necessary educational expenses, shall 80.28count scholarships or grants awarded to graduate students that do not require teaching 80.29or research as unearned income;80.30    (5) loans, regardless of purpose, from public or private lending institutions, 80.31governmental lending institutions, or governmental agencies;80.32    (6) loans from private individuals, regardless of purpose, provided an applicant or 80.33participant documents that the lender expects repayment;80.34    (7)(i) state income tax refunds; and80.35    (ii) federal income tax refunds;81.1    (8)(i) federal earned income credits;81.2    (ii) Minnesota working family credits;81.3    (iii) state homeowners and renters credits under chapter 290A; and81.4    (iv) federal or state tax rebates;81.5    (9) funds received for reimbursement, replacement, or rebate of personal or real 81.6property when these payments are made by public agencies, awarded by a court, solicited 81.7through public appeal, or made as a grant by a federal agency, state or local government, 81.8or disaster assistance organizations, subsequent to a presidential declaration of disaster;81.9    (10) the portion of an insurance settlement that is used to pay medical, funeral, and 81.10burial expenses, or to repair or replace insured property;81.11    (11) reimbursements for medical expenses that cannot be paid by medical assistance;81.12    (12) payments by a vocational rehabilitation program administered by the state 81.13under chapter 268A, except those payments that are for current living expenses;81.14    (13) in-kind income, including any payments directly made by a third party to a 81.15provider of goods and services;81.16    (14) assistance payments to correct underpayments, but only for the month in which 81.17the payment is received;81.18    (15) payments for short-term emergency needs under section 
         256J.626, subdivision 81.192
         ;81.20    (16) funeral and cemetery payments as provided by section 
         256.935;81.21    (17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in 81.22a calendar month;81.23    (18) any form of energy assistance payment made through Public Law 97-35, 81.24Low-Income Home Energy Assistance Act of 1981, payments made directly to energy 81.25providers by other public and private agencies, and any form of credit or rebate payment 81.26issued by energy providers;81.27    (19) Supplemental Security Income (SSI), including retroactive SSI payments and 81.28other income of an SSI recipient, except as described in section 
         256J.37, subdivision 3b;81.29    (20) Minnesota supplemental aid, including retroactive payments;81.30    (21) proceeds from the sale of real or personal property;81.31    (22) state adoption assistance payments under section 
         259.67, and up to an equal 81.32amount of county adoption assistance payments;81.33    (23) state-funded family subsidy program payments made under section 
         252.3281.34to help families care for children with developmental disabilities, consumer support 81.35grant funds under section 
         256.476, and resources and services for a disabled household 82.1member under one of the home and community-based waiver services programs under 82.2chapter 256B;82.3    (24) interest payments and dividends from property that is not excluded from and 82.4that does not exceed the asset limit;82.5    (25) rent rebates;82.6    (26) income earned by a minor caregiver, minor child through age 6, or a minor 82.7child who is at least a half-time student in an approved elementary or secondary education 82.8program;82.9    (27) income earned by a caregiver under age 20 who is at least a half-time student in 82.10an approved elementary or secondary education program;82.11    (28) MFIP child care payments under section 
         119B.05;82.12    (29) all other payments made through MFIP to support a caregiver's pursuit of 82.13greater economic stability;82.14    (30) income a participant receives related to shared living expenses;82.15    (31) reverse mortgages;82.16    (32) benefits provided by the Child Nutrition Act of 1966, United States Code, title 82.1742, chapter 13A, sections 1771 to 1790;82.18    (33) benefits provided by the women, infants, and children (WIC) nutrition program, 82.19United States Code, title 42, chapter 13A, section 1786;82.20    (34) benefits from the National School Lunch Act, United States Code, title 42, 82.21chapter 13, sections 1751 to 1769e;82.22    (35) relocation assistance for displaced persons under the Uniform Relocation 82.23Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title 82.2442, chapter 61, subchapter II, section 4636, or the National Housing Act, United States 82.25Code, title 12, chapter 13, sections 1701 to 1750jj;82.26    (36) benefits from the Trade Act of 1974, United States Code, title 19, chapter 82.2712, part 2, sections 2271 to 2322;82.28    (37) war reparations payments to Japanese Americans and Aleuts under United 82.29States Code, title 50, sections 1989 to 1989d;82.30    (38) payments to veterans or their dependents as a result of legal settlements 82.31regarding Agent Orange or other chemical exposure under Public Law 101-239, section 82.3210405, paragraph (a)(2)(E);82.33    (39) income that is otherwise specifically excluded from MFIP consideration in 82.34federal law, state law, or federal regulation;82.35    (40) security and utility deposit refunds;83.1    (41) American Indian tribal land settlements excluded under Public Laws 98-123, 83.298-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech 83.3Lake, and Mille Lacs reservations and payments to members of the White Earth Band, 83.4under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;83.5    (42) all income of the minor parent's parents and stepparents when determining the 83.6grant for the minor parent in households that include a minor parent living with parents or 83.7stepparents on MFIP with other children;83.8    (43) income of the minor parent's parents and stepparents equal to 200 percent of the 83.9federal poverty guideline for a family size not including the minor parent and the minor 83.10parent's child in households that include a minor parent living with parents or stepparents 83.11not on MFIP when determining the grant for the minor parent. The remainder of income is 83.12deemed as specified in section 
         256J.37, subdivision 1b;83.13    (44) payments made to children eligible for relative custody assistance under section 83.14257.85
         ;83.15    (45) vendor payments for goods and services made on behalf of a client unless the 83.16client has the option of receiving the payment in cash; and83.17    (46) the principal portion of a contract for deed payment.; and83.18    (47) cash payments to individuals enrolled for full-time service as a volunteer under 83.19AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps 83.20National, and AmeriCorps NCCC.83.21    Sec. 32. Minnesota Statutes 2006, section 256J.32, subdivision 6, is amended to read:83.22    Subd. 6. Recertification. The county agency shall recertify eligibility in an annual 83.23face-to-face interview with the participant and verify the following:83.24    (1) presence of the minor child in the home, if questionable;83.25    (2) income, unless excluded, including self-employment expenses used as a 83.26deduction or deposits or withdrawals from business accounts;83.27    (3) assets when the value is within $200 of the asset limit;83.28    (4) information to establish an exception under section 
         256J.24, subdivision 9, 83.29if questionable; and83.30    (5) inconsistent information, if related to eligibility; and83.31    (6) whether a single caregiver household meets requirements in section 256J.575, 83.32subdivision 3.83.33    Sec. 33. Minnesota Statutes 2006, section 256J.37, subdivision 3a, is amended to read:84.1    Subd. 3a. Rental subsidies; unearned income. (a) Effective July 1, 2003, the 84.2county agency shall count $50 $25 of the value of public and assisted rental subsidies 84.3provided through the Department of Housing and Urban Development (HUD) as unearned 84.4income to the cash portion of the MFIP grant. The full amount of the subsidy must be 84.5counted as unearned income when the subsidy is less than $50 $25. The income from this 84.6subsidy shall be budgeted according to section 
         256J.34. 84.7    (b) The provisions of this subdivision shall not apply to an MFIP assistance unit 84.8which includes a participant who is:84.9    (1) age 60 or older;84.10    (2) a caregiver who is suffering from an illness, injury, or incapacity that has been 84.11certified by a qualified professional when the illness, injury, or incapacity is expected 84.12to continue for more than 30 days and prevents the person from obtaining or retaining 84.13employment; or84.14    (3) a caregiver whose presence in the home is required due to the illness or 84.15incapacity of another member in the assistance unit, a relative in the household, or a foster 84.16child in the household when the illness or incapacity and the need for the participant's 84.17presence in the home has been certified by a qualified professional and is expected to 84.18continue for more than 30 days.84.19    (c) The provisions of this subdivision shall not apply to an MFIP assistance unit 84.20where the parental caregiver is an SSI recipient.84.21    (d) Prior to implementing this provision, the commissioner must identify the MFIP 84.22participants subject to this provision and provide written notice to these participants at 84.23least 30 days before the first grant reduction. The notice must inform the participant of the 84.24basis for the potential grant reduction, the exceptions to the provision, if any, and inform 84.25the participant of the steps necessary to claim an exception. A person who is found not to 84.26meet one of the exceptions to the provision must be notified and informed of the right to a 84.27fair hearing under section 
         256J.40. The notice must also inform the participant that the 84.28participant may be eligible for a rent reduction resulting from a reduction in the MFIP 84.29grant and encourage the participant to contact the local housing authority. 84.30    Sec. 34. Minnesota Statutes 2006, section 256J.42, subdivision 1, is amended to read:84.31    Subdivision 1. Time limit. (a) Except as otherwise provided for in this section, an 84.32assistance unit in which any adult caregiver has received 60 months of cash assistance 84.33funded in whole or in part by the TANF block grant in this or any other state or 84.34United States territory, or from a tribal TANF program, MFIP, the AFDC program 84.35formerly codified in sections 
         256.72 to 
         256.87, or the family general assistance program 85.1formerly codified in sections 
         256D.01 to 
         256D.23, funded in whole or in part by state 85.2appropriations, is ineligible to receive MFIP. Any cash assistance funded with TANF 85.3dollars in this or any other state or United States territory, or from a tribal TANF program, 85.4or MFIP assistance funded in whole or in part by state appropriations, that was received 85.5by the unit on or after the date TANF was implemented, including any assistance received 85.6in states or United States territories of prior residence, counts toward the 60-month 85.7limitation. Months during which any cash assistance is received by an assistance unit 85.8with a mandatory member who is disqualified for wrongfully obtaining public assistance 85.9under section 256.98, subdivision 8, counts toward the time limit for the disqualified 85.10member. The 60-month limit applies to a minor caregiver except under subdivision 5. The 85.1160-month time period does not need to be consecutive months for this provision to apply. 85.12    (b) The months before July 1998 in which individuals received assistance as part of 85.13the field trials as an MFIP, MFIP-R, or MFIP or MFIP-R comparison group family are 85.14not included in the 60-month time limit.85.15EFFECTIVE DATE.This section is effective October 1, 2007.85.16    Sec. 35. Minnesota Statutes 2006, section 256J.46, is amended by adding a subdivision 85.17to read:85.18    Subd. 3.Restrictions on sanctions.A participant shall not be sanctioned for 85.19failure to meet the agreed upon hours in a participant's employment plan under section 85.20256J.521, subdivision 2, when the participant fails to meet the agreed upon hours of 85.21participation in paid employment because the participant is not eligible for holiday pay 85.22and the participant's place of employment is closed for a holiday.85.23    Sec. 36. Minnesota Statutes 2006, section 256J.49, subdivision 13, is amended to read:85.24    Subd. 13. Work activity. "Work activity" means any activity in a participant's 85.25approved employment plan that leads to employment. For purposes of the MFIP program, 85.26this includes activities that meet the definition of work activity under the participation 85.27requirements of TANF. Work activity includes:85.28    (1) unsubsidized employment, including work study and paid apprenticeships or 85.29internships;85.30    (2) subsidized private sector or public sector employment, including grant diversion 85.31as specified in section 
         256J.69, on-the-job training as specified in section 
         256J.66, 85.32the self-employment investment demonstration program (SEID) as specified in section 85.33256J.65
         , paid work experience, and supported work when a wage subsidy is provided; 86.1    (3) unpaid work experience, including community service, volunteer work, 86.2the community work experience program as specified in section 
         256J.67, unpaid 86.3apprenticeships or internships, and supported work when a wage subsidy is not provided;. 86.4Unpaid work experience is only an option if the participant has been unable to obtain or 86.5maintain paid employment in the competitive labor market, and no paid work experience 86.6programs are available to the participant. Unless a participant consents to participating 86.7in unpaid work experience, the participant's employment plan may only include unpaid 86.8work experience if including the unpaid work experience in the plan will meet the 86.9following criteria:86.10    (i) the unpaid work experience will provide the participant specific skills or 86.11experience that cannot be obtained through other work activity options where the 86.12participant resides or is willing to reside; and 86.13    (ii) the skills or experience gained through the unpaid work experience will result 86.14in higher wages for the participant than the participant could earn without the unpaid 86.15work experience;86.16    (4) job search including job readiness assistance, job clubs, job placement, 86.17job-related counseling, and job retention services;86.18    (5) job readiness education, including English as a second language (ESL) or 86.19functional work literacy classes as limited by the provisions of section 
         256J.531, 86.20subdivision 2
         , general educational development (GED) course work, high school 86.21completion, and adult basic education as limited by the provisions of section 
         256J.531, 86.22subdivision 1
         ; 86.23    (6) job skills training directly related to employment, including education and 86.24training that can reasonably be expected to lead to employment, as limited by the 86.25provisions of section 
         256J.53; 86.26    (7) providing child care services to a participant who is working in a community 86.27service program;86.28    (8) activities included in the employment plan that is developed under section 86.29256J.521, subdivision 3
         ; and 86.30    (9) preemployment activities including chemical and mental health assessments, 86.31treatment, and services; learning disabilities services; child protective services; family 86.32stabilization services; or other programs designed to enhance employability.86.33    Sec. 37. Minnesota Statutes 2006, section 256J.521, subdivision 1, is amended to read:86.34    Subdivision 1. Assessments. (a) For purposes of MFIP employment services, 86.35assessment is a continuing process of gathering information related to employability 87.1for the purpose of identifying both participant's strengths and strategies for coping with 87.2issues that interfere with employment. The job counselor must use information from the 87.3assessment process to develop and update the employment plan under subdivision 2 or 3, 87.4as appropriate, and to determine whether the participant qualifies for a family violence 87.5waiver including an employment plan under subdivision 3, and to determine whether the 87.6participant should be referred to family stabilization services under section 256J.575.87.7    (b) The scope of assessment must cover at least the following areas:87.8    (1) basic information about the participant's ability to obtain and retain employment, 87.9including: a review of the participant's education level; interests, skills, and abilities; prior 87.10employment or work experience; transferable work skills; child care and transportation 87.11needs;87.12    (2) identification of personal and family circumstances that impact the participant's 87.13ability to obtain and retain employment, including: any special needs of the children, the 87.14level of English proficiency, family violence issues, and any involvement with social 87.15services or the legal system;87.16    (3) the results of a mental and chemical health screening tool designed by the 87.17commissioner and results of the brief screening tool for special learning needs. Screening 87.18tools for mental and chemical health and special learning needs must be approved by the 87.19commissioner and may only be administered by job counselors or county staff trained in 87.20using such screening tools. The commissioner shall work with county agencies to develop 87.21protocols for referrals and follow-up actions after screens are administered to participants, 87.22including guidance on how employment plans may be modified based upon outcomes 87.23of certain screens. Participants must be told of the purpose of the screens and how the 87.24information will be used to assist the participant in identifying and overcoming barriers to 87.25employment. Screening for mental and chemical health and special learning needs must 87.26be completed by participants who are unable to find suitable employment after six weeks 87.27of job search under subdivision 2, paragraph (b), and participants who are determined to 87.28have barriers to employment under subdivision 2, paragraph (d). Failure to complete the 87.29screens will result in sanction under section 
         256J.46; and 87.30    (4) a comprehensive review of participation and progress for participants who have 87.31received MFIP assistance and have not worked in unsubsidized employment during the 87.32past 12 months. The purpose of the review is to determine the need for additional services 87.33and supports, including placement in subsidized employment or unpaid work experience 87.34under section 
         256J.49, subdivision 13, or referral to family stabilization services under 87.35section 256J.575. 88.1    (c) Information gathered during a caregiver's participation in the diversionary work 88.2program under section 
         256J.95 must be incorporated into the assessment process. 88.3    (d) The job counselor may require the participant to complete a professional chemical 88.4use assessment to be performed according to the rules adopted under section 
         254A.03, 88.5subdivision 3
         , including provisions in the administrative rules which recognize the cultural 88.6background of the participant, or a professional psychological assessment as a component 88.7of the assessment process, when the job counselor has a reasonable belief, based on 88.8objective evidence, that a participant's ability to obtain and retain suitable employment 88.9is impaired by a medical condition. The job counselor may assist the participant with 88.10arranging services, including child care assistance and transportation, necessary to meet 88.11needs identified by the assessment. Data gathered as part of a professional assessment 88.12must be classified and disclosed according to the provisions in section 
         13.46.88.13    Sec. 38. Minnesota Statutes 2006, section 256J.521, subdivision 2, is amended to read:88.14    Subd. 2. Employment plan; contents. (a) Based on the assessment under 88.15subdivision 1, the job counselor and the participant must develop an employment plan 88.16that includes participation in activities and hours that meet the requirements of section 88.17256J.55, subdivision 1
         . The purpose of the employment plan is to identify for each 88.18participant the most direct path to unsubsidized employment and any subsequent steps that 88.19support long-term economic stability. The employment plan should be developed using 88.20the highest level of activity appropriate for the participant. Activities must be chosen from 88.21clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of 88.22preference for activities, priority must be given for activities related to a family violence 88.23waiver when developing the employment plan. The employment plan must also list the 88.24specific steps the participant will take to obtain employment, including steps necessary 88.25for the participant to progress from one level of activity to another, and a timetable for 88.26completion of each step. Levels of activity include:88.27    (1) unsubsidized employment;88.28    (2) job search;88.29    (3) subsidized employment or unpaid work experience;88.30    (4) unsubsidized employment and job readiness education or job skills training;88.31    (5) unsubsidized employment or unpaid work experience and activities related to 88.32a family violence waiver or preemployment needs; and88.33    (6) activities related to a family violence waiver or preemployment needs.88.34    (b) Participants who are determined to possess sufficient skills such that the 88.35participant is likely to succeed in obtaining unsubsidized employment must job search at 89.1least 30 hours per week for up to six weeks and accept any offer of suitable employment. 89.2The remaining hours necessary to meet the requirements of section 
         256J.55, subdivision 89.31
         , may be met through participation in other work activities under section 
         256J.49, 89.4subdivision 13
         . The participant's employment plan must specify, at a minimum: (1) 89.5whether the job search is supervised or unsupervised; (2) support services that will 89.6be provided; and (3) how frequently the participant must report to the job counselor. 89.7Participants who are unable to find suitable employment after six weeks must meet 89.8with the job counselor to determine whether other activities in paragraph (a) should be 89.9incorporated into the employment plan. Job search activities which are continued after six 89.10weeks must be structured and supervised. 89.11    (c) Beginning July 1, 2004, activities and hourly requirements in the employment 89.12plan may be adjusted as necessary to accommodate the personal and family circumstances 89.13of participants identified under section 
         256J.561, subdivision 2, paragraph (d). Participants 89.14who no longer meet the provisions of section 
         256J.561, subdivision 2, paragraph (d), 89.15must meet with the job counselor within ten days of the determination to revise the 89.16employment plan. 89.17    (d) Participants who are determined to have barriers to obtaining or retaining 89.18employment that will not be overcome during six weeks of job search under paragraph (b) 89.19must work with the job counselor to develop an employment plan that addresses those 89.20barriers by incorporating appropriate activities from paragraph (a), clauses (1) to (6). 89.21The employment plan must include enough hours to meet the participation requirements 89.22in section 
         256J.55, subdivision 1, unless a compelling reason to require fewer hours 89.23is noted in the participant's file. 89.24    (e) The job counselor and the participant must sign the employment plan to indicate 89.25agreement on the contents.89.26    (f) Except as provided under paragraph (g), failure to develop or comply with 89.27activities in the plan, or voluntarily quitting suitable employment without good cause, will 89.28result in the imposition of a sanction under section 
         256J.46. 89.29    (g) When a participant fails to meet the agreed upon hours of participation in paid 89.30employment because the participant is not eligible for holiday pay and the participant's 89.31place of employment is closed for a holiday, the job counselor shall not impose a sanction 89.32or increase the hours of participation in any other activity, including paid employment, to 89.33offset the hours that were missed due to the holiday.89.34    (f) (h)  Employment plans must be reviewed at least every three months to determine 89.35whether activities and hourly requirements should be revised. The job counselor is 89.36encouraged to allow participants who are participating in at least 20 hours of work 90.1activities to also participate in education and training activities in order to meet the federal 90.2hourly participations rates.90.3    Sec. 39. Minnesota Statutes 2006, section 256J.53, subdivision 2, is amended to read:90.4    Subd. 2. Approval of postsecondary education or training. (a) In order for a 90.5postsecondary education or training program to be an approved activity in an employment 90.6plan, the participant must be working in unsubsidized employment at least 20 hours per 90.7week. plan must include additional work activities if the education and training activities 90.8do not meet the minimum hours required to meet the federal work participation rate under 90.9Code of Federal Regulations, title 45, sections 261.31 and 261.35.90.10    (b) Participants seeking approval of a postsecondary education or training plan 90.11must provide documentation that:90.12    (1) the employment goal can only be met with the additional education or training;90.13    (2) there are suitable employment opportunities that require the specific education or 90.14training in the area in which the participant resides or is willing to reside;90.15    (3) the education or training will result in significantly higher wages for the 90.16participant than the participant could earn without the education or training;90.17    (4) the participant can meet the requirements for admission into the program; and90.18    (5) there is a reasonable expectation that the participant will complete the training 90.19program based on such factors as the participant's MFIP assessment, previous education, 90.20training, and work history; current motivation; and changes in previous circumstances.90.21    (c) The hourly unsubsidized employment requirement does not apply for intensive 90.22education or training programs lasting 12 weeks or less when full-time attendance is 90.23required.90.24    (d) Participants with an approved employment plan in place on July 1, 2003, which 90.25includes more than 12 months of postsecondary education or training shall be allowed to 90.26complete that plan provided that hourly requirements in section 256J.55, subdivision 1, 90.27and conditions specified in paragraph (b), and subdivisions 3 and 5 are met. A participant 90.28whose case is subsequently closed for three months or less for reasons other than 90.29noncompliance with program requirements and who returns to MFIP shall be allowed to 90.30complete that plan provided that hourly requirements in section 256J.55, subdivision 1, 90.31and conditions specified in paragraph (b) and subdivisions 3 and 5 are met.90.32    Sec. 40. Minnesota Statutes 2006, section 256J.55, subdivision 1, is amended to read:91.1    Subdivision 1. Participation requirements. (a) All caregivers must participate 91.2in employment services under sections 
         256J.515 to 
         256J.57 concurrent with receipt of 91.3MFIP assistance. 91.4    (b) Until July 1, 2004, participants who meet the requirements of section 
         256J.56 are 91.5exempt from participation requirements.91.6    (c) Participants under paragraph (a) must develop and comply with an employment 91.7plan under section 
         256J.521 or section 
         256J.54 in the case of a participant under the age of 91.820 who has not obtained a high school diploma or its equivalent.91.9    (d) With the exception of participants under the age of 20 who must meet the 91.10education requirements of section 
         256J.54, all participants must meet the hourly 91.11participation requirements of TANF or the hourly requirements listed in clauses (1) to 91.12(3), whichever is higher.91.13    (1) In single-parent families with no children under six years of age, the job 91.14counselor and the caregiver must develop an employment plan that includes 30 to 35 hours 91.15per week of work activities 130 hours per month of work activities.91.16    (2) In single-parent families with a child under six years of age, the job counselor 91.17and the caregiver must develop an employment plan that includes 20 to 35 hours per week 91.18of work activities 87 hours per month of work activities.91.19    (3) In two-parent families, the job counselor and the caregivers must develop 91.20employment plans which result in a combined total of at least 55 hours per week of work 91.21activities.91.22    (e) Failure to participate in employment services, including the requirement to 91.23develop and comply with an employment plan, including hourly requirements, without 91.24good cause under section 
         256J.57, shall result in the imposition of a sanction under section 91.25256J.46
         .91.26    Sec. 41. [256J.575] FAMILY STABILIZATION SERVICES.91.27    Subdivision 1.Purpose.(a) The family stabilization services serve families who are 91.28not making significant progress within the Minnesota family investment program (MFIP) 91.29due to a variety of barriers to employment.91.30    (b) The goal of the services is to stabilize and improve the lives of families at risk 91.31of long-term welfare dependency or family instability due to employment barriers such 91.32as physical disability, mental disability, age, or providing care for a disabled household 91.33member. These services promote and support families to achieve the greatest possible 91.34degree of self-sufficiency.92.1    Subd. 2.Definitions.The terms used in this section have the meanings given them 92.2in paragraphs (a) to (d).92.3    (a) "Case manager" means the county-designated staff person or employment 92.4services counselor.92.5    (b) "Case management" means the services provided by or through the county 92.6agency or through the employment services agency to participating families, including 92.7assessment, information, referrals, and assistance in the preparation and implementation 92.8of a family stabilization plan under subdivision 5.92.9    (c) "Family stabilization plan" means a plan developed by a case manager and 92.10the participant, which identifies the participant's most appropriate path to unsubsidized 92.11employment, family stability, and barrier reduction, taking into account the family's 92.12circumstances.92.13    (d) "Family stabilization services" means programs, activities, and services in this 92.14section that provide participants and their family members with assistance regarding, 92.15but not limited to:92.16    (1) obtaining and retaining unsubsidized employment;92.17    (2) family stability;92.18    (3) economic stability; and92.19    (4) barrier reduction.92.20    The goal of the services is to achieve the greatest degree of economic self-sufficiency 92.21and family well-being possible for the family under the circumstances.92.22    Subd. 3.Eligibility.(a) The following MFIP or diversionary work program (DWP) 92.23participants are eligible for the services under this section:92.24    (1) a participant who meets the requirements for or has been granted a hardship 92.25extension under section 256J.425, subdivision 2 or 3, except that it is not necessary for 92.26the participant to have reached or be approaching 60 months of eligibility for this section 92.27to apply;92.28    (2) a participant who is applying for supplemental security income or Social Security 92.29disability insurance; and92.30    (3) a participant who is a noncitizen who has been in the United States for 12 or 92.31fewer months.92.32    (b) Families must meet all other eligibility requirements for MFIP established in 92.33this chapter. Families are eligible for financial assistance to the same extent as if they 92.34were participating in MFIP.92.35    (c) A participant under paragraph (a), clause (3), must be provided with English as a 92.36second language opportunities and skills training for up to 12 months. After 12 months, 93.1the case manager and participant must determine whether the participant should continue 93.2with English as a second language classes or skills training, or both, and continue to 93.3receive family stabilization services.93.4    Subd. 4.Universal participation.All caregivers must participate in family 93.5stabilization services as defined in subdivision 2.93.6    Subd. 5.Case management; family stabilization plans; coordinated services.93.7    (a) The county agency or employment services provider shall provide family stabilization 93.8services to families through a case management model. A case manager shall be assigned 93.9to each participating family within 30 days after the family is determined to be eligible 93.10for family stabilization services. The case manager, with the full involvement of the 93.11participant, shall recommend, and the county agency shall establish and modify as 93.12necessary, a family stabilization plan for each participating family. If a participant is 93.13already assigned to a county case manager or a county-designated case manager in social 93.14services, disability services, or housing services that case manager already assigned may 93.15be the case manager for purposes of these services.93.16    (b) The family stabilization plan must include:93.17    (1) each participant's plan for long-term self-sufficiency, including an employment 93.18goal where applicable;93.19    (2) an assessment of each participant's strengths and barriers, and any special 93.20circumstances of the participant's family that impact, or are likely to impact, the 93.21participant's progress towards the goals in the plan; and93.22    (3) an identification of the services, supports, education, training, and 93.23accommodations needed to reduce or overcome any barriers to enable the family to 93.24achieve self-sufficiency and to fulfill each caregiver's personal and family responsibilities.93.25    (c) The case manager and the participant shall meet within 30 days of the family's 93.26referral to the case manager. The initial family stabilization plan must be completed within 93.2730 days of the first meeting with the case manager. The case manager shall establish a 93.28schedule for periodic review of the family stabilization plan that includes personal contact 93.29with the participant at least once per month. In addition, the case manager shall review 93.30and, if necessary, modify the plan under the following circumstances:93.31    (1) there is a lack of satisfactory progress in achieving the goals of the plan;93.32    (2) the participant has lost unsubsidized or subsidized employment;93.33    (3) a family member has failed or is unable to comply with a family stabilization 93.34plan requirement;93.35    (4) services, supports, or other activities required by the plan are unavailable;93.36    (5) changes to the plan are needed to promote the well-being of the children; or94.1    (6) the participant and case manager determine that the plan is no longer appropriate 94.2for any other reason.94.3    Subd. 6.Cooperation with services requirements.(a) To be eligible, a participant 94.4shall comply with paragraphs (b) to (d).94.5    (b) Participants shall engage in family stabilization plan services for the appropriate 94.6number of hours per week that the activities are scheduled and available, unless good 94.7cause exists for not doing so, as defined in section 256J.57, subdivision 1. The appropriate 94.8number of hours must be based on the participant's plan.94.9    (c) The case manager shall review the participant's progress toward the goals in the 94.10family stabilization plan every six months to determine whether conditions have changed, 94.11including whether revisions to the plan are needed.94.12    (d) A participant's requirement to comply with any or all family stabilization plan 94.13requirements under this subdivision is excused when the case management services, 94.14training and educational services, or family support services identified in the participant's 94.15family stabilization plan are unavailable for reasons beyond the control of the participant, 94.16including when money appropriated is not sufficient to provide the services.94.17    Subd. 7.Sanctions.(a) The financial assistance grant of a participating family is 94.18reduced according to section 256J.46, if a participating adult fails without good cause to 94.19comply or continue to comply with the family stabilization plan requirements in this 94.20subdivision, unless compliance has been excused under subdivision 6, paragraph (e).94.21    (b) Given the purpose of the family stabilization services  in this section and the 94.22nature of the underlying family circumstances that act as barriers to both employment and 94.23full compliance with program requirements, there must be a review by the county agency 94.24prior to imposing a sanction to determine whether the plan was appropriated to the needs 94.25of the participant and family, and that the participant in all ways had the ability to comply 94.26with the plan, as confirmed by a behavioral health or medical professional.94.27    (c) Prior to the imposition of a sanction, the county agency or employment services 94.28provider shall review the participant's case to determine if the family stabilization plan 94.29is still appropriate and meet with the participant face-to-face. The participant may bring 94.30an advocate to the face-to-face meeting. 94.31    During the face-to-face meeting, the county agency shall:94.32    (1) determine whether the continued noncompliance can be explained and mitigated 94.33by providing a needed family stabilization service, as defined in subdivision 2, paragraph 94.34(d);94.35    (2) determine whether the participant qualifies for a good cause exception under 94.36section 256J.57, or if the sanction is for noncooperation with child support requirements, 95.1determine if the participant qualifies for a good cause exemption under section 256.741, 95.2subdivision 10;95.3    (3) determine whether activities in the family stabilization plan are appropriate 95.4based on the family's circumstances;95.5    (4) explain the consequences of continuing noncompliance;95.6    (5) identify other resources that may be available to the participant to meet the 95.7needs of the family; and95.8    (6) inform the participant of the right to appeal under section 256J.40.95.9    If the lack of an identified activity or service can explain the noncompliance, the 95.10county shall work with the participant to provide the identified activity.95.11    (d) If the participant fails to come to the face-to-face meeting, the case manager or a 95.12designee shall attempt at least one home visit. If a face-to-face meeting is not conducted, 95.13the county agency shall send the participant a written notice that includes the information 95.14under paragraph (c).95.15    (e) After the requirements of paragraphs (c) and (d) are met and prior to imposition 95.16of a sanction, the county agency shall provide a notice of intent to sanction under section 95.17256J.57, subdivision 2, and, when applicable, a notice of adverse action under section 95.18256J.31.95.19    (f) Section 256J.57 applies to this section except to the extent that it is modified 95.20by this subdivision.95.21    Subd. 8.Funding.(a) The commissioner of human services shall treat MFIP 95.22expenditures made to or on behalf of any minor child under this section, who is part of a 95.23household that meets criteria in subdivision 3, as expenditures under a separately funded 95.24state program. These expenditures shall not count toward the state's maintenance of effort 95.25requirements under the federal TANF program.95.26    (b) A family is no longer part of a separately funded program under this section if 95.27the caregiver no longer meets the criteria for family stabilization services in subdivision 3, 95.28or if it is determined at recertification that a caregiver with a child under the age of six 95.29is working at least 87 hours per month in paid or unpaid employment, or a caregiver 95.30without a child under the age of six is working at least 130 hours per month in paid or 95.31unpaid employment, whichever occurs sooner.95.32    Sec. 42. [256J.621] WORK PARTICIPATION BONUS.95.33    (a) Upon exiting the diversionary work program (DWP) or upon terminating 95.34MFIP cash assistance with earnings, a participant who is employed may be eligible for 96.1transitional assistance of $100 per month to assist in meeting the family's basic needs as 96.2the participant continues to move toward self-sufficiency.96.3    (b) To be eligible for a transitional assistance payment, the participant shall not 96.4receive MFIP cash assistance or diversionary work program assistance during the month 96.5and the participant or participants must meet the following work requirements:96.6    (1) if the participant is a single caregiver and has a child under six years of age, the 96.7participant must be employed at least 87 hours per month;96.8    (2) if the participant is a single caregiver and does not have a child under six years of 96.9age, the participant must be employed at least 130 hours per month; or96.10    (3) if the household is a two-parent family, at least one of the parents must be 96.11employed an average of at least 130 hours per month.96.12    Whenever a participant exits the diversionary work program or is terminated from 96.13MFIP cash assistance and meets the other criteria in this section, transitional assistance is 96.14available for up to 24 consecutive months.96.15    (c) Expenditures on the program are maintenance of effort state funds for participants 96.16under paragraph (b), clauses (1) and (2). Expenditures for participants under paragraph 96.17(b), clause (3), are nonmaintenance of effort funds. Months in which a participant 96.18receives transitional assistance under this section do not count toward the participant's 96.19MFIP 60-month time limit.96.20EFFECTIVE DATE.This section is effective February 1, 2009.96.21    Sec. 43. Minnesota Statutes 2006, section 256J.626, subdivision 1, is amended to read:96.22    Subdivision 1. Consolidated fund. The consolidated fund is established to support 96.23counties and tribes in meeting their duties under this chapter. Counties and tribes must use 96.24funds from the consolidated fund to develop programs and services that are designed to 96.25improve participant outcomes as measured in section 
         256J.751, subdivision 2. Counties 96.26may use the funds for any allowable expenditures under subdivision 2, including case 96.27management. Tribes may use the funds for any allowable expenditures under subdivision 96.282, including case management, except those in subdivision 2, paragraph (a), clauses (1) 96.29and (6). 96.30    Sec. 44. Minnesota Statutes 2006, section 256J.626, subdivision 2, is amended to read:96.31    Subd. 2. Allowable expenditures. (a) The commissioner must restrict expenditures 96.32under the consolidated fund to benefits and services allowed under title IV-A of the federal 96.33Social Security Act. Allowable expenditures under the consolidated fund may include, but 96.34are not limited to:97.1    (1) short-term, nonrecurring shelter and utility needs that are excluded from the 97.2definition of assistance under Code of Federal Regulations, title 45, section 
         260.31, for 97.3families who meet the residency requirement in section 
         256J.12, subdivisions 1 and 1a. 97.4Payments under this subdivision are not considered TANF cash assistance and are not 97.5counted towards the 60-month time limit; 97.6    (2) transportation needed to obtain or retain employment or to participate in other 97.7approved work activities or activities under a family stabilization plan;97.8    (3) direct and administrative costs of staff to deliver employment services for 97.9MFIP or,  the diversionary work program, or family stabilization services;  to administer 97.10financial assistance,;  and to provide specialized services intended to assist hard-to-employ 97.11participants to transition to work or transition from family stabilization services to MFIP;97.12    (4) costs of education and training including functional work literacy and English as 97.13a second language;97.14    (5) cost of work supports including tools, clothing, boots, telephone service, and 97.15other work-related expenses;97.16    (6) county administrative expenses as defined in Code of Federal Regulations, title 97.1745, section 260(b);97.18    (7) services to parenting and pregnant teens;97.19    (8) supported work;97.20    (9) wage subsidies;97.21    (10) child care needed for MFIP or, the  diversionary work program, or family 97.22stabilization services  participants to participate in social services;97.23    (11) child care to ensure that families leaving MFIP or diversionary work program 97.24will continue to receive child care assistance from the time the family no longer qualifies 97.25for transition year child care until an opening occurs under the basic sliding fee child 97.26care program; and97.27    (12) services to help noncustodial parents who live in Minnesota and have minor 97.28children receiving MFIP or DWP assistance, but do not live in the same household as the 97.29child, obtain or retain employment; and97.30    (13) services to help families participating in family stabilization services achieve 97.31the greatest possible degree of self-sufficiency.97.32    (b) Administrative costs that are not matched with county funds as provided in 97.33subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation 97.34under this section. The commissioner shall define administrative costs for purposes of 97.35this subdivision.98.1    (c) The commissioner may waive the cap on administrative costs for a county or tribe 98.2that elects to provide an approved supported employment, unpaid work, or community 98.3work experience program for a major segment of the county's or tribe's MFIP population. 98.4The county or tribe must apply for the waiver on forms provided by the commissioner. In 98.5no case shall total administrative costs exceed the TANF limits.98.6    Sec. 45. Minnesota Statutes 2006, section 256J.626, subdivision 3, is amended to read:98.7    Subd. 3. Eligibility for services. Families with a minor child, a pregnant woman, 98.8or a noncustodial parent of a minor child receiving assistance, with incomes below 200 98.9percent of the federal poverty guideline for a family of the applicable size, are eligible 98.10for services funded under the consolidated fund. Counties and tribes must give priority 98.11to families currently receiving MFIP or, the  diversionary work program, or family 98.12stabilization services, and families at risk of receiving MFIP or diversionary work program.98.13    Sec. 46. Minnesota Statutes 2006, section 256J.626, subdivision 4, is amended to read:98.14    Subd. 4. County and tribal biennial service agreements. (a) Effective January 1, 98.152004, and each two-year period thereafter, each county and tribe must have in place an 98.16approved biennial service agreement related to the services and programs in this chapter. 98.17In counties with a city of the first class with a population over 300,000, the county must 98.18consider a service agreement that includes a jointly developed plan for the delivery of 98.19employment services with the city. Counties may collaborate to develop multicounty, 98.20multitribal, or regional service agreements.98.21    (b) The service agreements will be completed in a form prescribed by the 98.22commissioner. The agreement must include:98.23    (1) a statement of the needs of the service population and strengths and resources 98.24in the community;98.25    (2) numerical goals for participant outcomes measures to be accomplished during 98.26the biennial period. The commissioner may identify outcomes from section 
         256J.751, 98.27subdivision 2
         , as core outcomes for all counties and tribes; 98.28    (3) strategies the county or tribe will pursue to achieve the outcome targets. 98.29Strategies must include specification of how funds under this section will be used and may 98.30include community partnerships that will be established or strengthened; and98.31    (4) strategies the county or tribe will pursue under family stabilization services ; and 98.32    (5) other items prescribed by the commissioner in consultation with counties and 98.33tribes.99.1    (c) The commissioner shall provide each county and tribe with information needed 99.2to complete an agreement, including: (1) information on MFIP cases in the county or 99.3tribe; (2) comparisons with the rest of the state; (3) baseline performance on outcome 99.4measures; and (4) promising program practices.99.5    (d) The service agreement must be submitted to the commissioner by October 15, 99.62003, and October 15 of each second year thereafter. The county or tribe must allow 99.7a period of not less than 30 days prior to the submission of the agreement to solicit 99.8comments from the public on the contents of the agreement.99.9    (e) The commissioner must, within 60 days of receiving each county or tribal service 99.10agreement, inform the county or tribe if the service agreement is approved. If the service 99.11agreement is not approved, the commissioner must inform the county or tribe of any 99.12revisions needed prior to approval.99.13    (f) The service agreement in this subdivision supersedes the plan requirements 99.14of section 
         116L.88. 99.15    Sec. 47. Minnesota Statutes 2006, section 256J.626, subdivision 5, is amended to read:99.16    Subd. 5. Innovation projects. Beginning January 1, 2005, no more than $3,000,000 99.17of the funds annually appropriated to the commissioner for use in the consolidated fund 99.18shall be available to the commissioner for projects testing innovative approaches to 99.19improving outcomes for MFIP participants, family stabilization services  participants, 99.20and persons at risk of receiving MFIP as detailed in subdivision 3, and for providing 99.21incentives to counties and tribes that exceed performance. Projects shall be targeted to 99.22geographic areas with poor outcomes as specified in section 
         256J.751, subdivision 5, or to 99.23subgroups within the MFIP case load who are experiencing poor outcomes. For purposes 99.24of an incentive, a county or tribe exceeds performance if the county or tribe is above the 99.25top of the county or tribe's annualized range of expected performance on the three-year 99.26self-support index under section 256J.751, subdivision 2, clause (6), and achieves a 50 99.27percent MFIP participation rate under section 256J.751, subdivision 2, clause (7), as 99.28averaged across the four quarterly measurements for the most recent year for which the 99.29measurements are available.99.30    Sec. 48. Minnesota Statutes 2006, section 256J.626, subdivision 6, is amended to read:99.31    Subd. 6. Base allocation to counties and tribes; definitions. (a) For purposes of 99.32this section, the following terms have the meanings given.99.33    (1) "2002 historic spending base" means the commissioner's determination of 99.34the sum of the reimbursement related to fiscal year 2002 of county or tribal agency 100.1expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings 100.2related to calendar year 2002 in the base program listed in clause (6), item (v), and the 100.3amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi), 100.4issued to or on behalf of persons residing in the county or tribal service delivery area.100.5    (2) "Adjusted caseload factor" means a factor weighted:100.6    (i) 47 percent on the MFIP cases in each county at four points in time in the most 100.7recent 12-month period for which data is available multiplied by the county's caseload 100.8difficulty factor; and100.9    (ii) 53 percent on the count of adults on MFIP in each county and tribe at four points 100.10in time in the most recent 12-month period for which data is available multiplied by the 100.11county or tribe's caseload difficulty factor.100.12    (3) "Caseload difficulty factor" means a factor determined by the commissioner for 100.13each county and tribe based upon the self-support index described in section 
         256J.751, 100.14subdivision 2
         , clause (7)(6).100.15    (4) "Initial allocation" means the amount potentially available to each county or tribe 100.16based on the formula in paragraphs (b) through (h) (d).100.17    (5) "Final allocation" means the amount available to each county or tribe based on 100.18the formula in paragraphs (b) through (h) (d), after adjustment by subdivision 7.100.19    (6) "Base programs" means the:100.20    (i) MFIP employment and training services under Minnesota Statutes 2002, section 100.21256J.62, subdivision 1
         , in effect June 30, 2002;100.22    (ii) bilingual employment and training services to refugees under Minnesota Statutes 100.232002, section 
         256J.62, subdivision 6, in effect June 30, 2002;100.24    (iii) work literacy language programs under Minnesota Statutes 2002, section 100.25256J.62, subdivision 7
         , in effect June 30, 2002;100.26    (iv) supported work program authorized in Laws 2001, First Special Session chapter 100.279, article 17, section 2, in effect June 30, 2002;100.28    (v) administrative aid program under section 
         256J.76 in effect December 31, 2002; 100.29and100.30    (vi) emergency assistance program under Minnesota Statutes 2002, section 
         256J.48, 100.31in effect June 30, 2002.100.32    (b) The commissioner shall:100.33    (1) beginning July 1, 2003, determine the initial allocation of funds available under 100.34this section according to clause (2);101.1    (2) allocate all of the funds available for the period beginning July 1, 2003, and 101.2ending December 31, 2004, to each county or tribe in proportion to the county's or tribe's 101.3share of the statewide 2002 historic spending base;101.4    (3) determine for calendar year 2005 the initial allocation of funds to be made 101.5available under this section in proportion to the county or tribe's initial allocation for the 101.6period of July 1, 2003, to December 31, 2004;101.7    (4) determine for calendar year 2006 the initial allocation of funds to be made 101.8available under this section based 90 percent on the proportion of the county or tribe's 101.9share of the statewide 2002 historic spending base and ten percent on the proportion of 101.10the county or tribe's share of the adjusted caseload factor;101.11    (5) determine for calendar year 2007 the initial allocation of funds to be made 101.12available under this section based 70 percent on the proportion of the county or tribe's 101.13share of the statewide 2002 historic spending base and 30 percent on the proportion of the 101.14county or tribe's share of the adjusted caseload factor; and101.15    (6) determine for calendar year 2008 and subsequent years the initial allocation of 101.16funds to be made available under this section based 50 percent on the proportion of the 101.17county or tribe's share of the statewide 2002 historic spending base and 50 percent on the 101.18proportion of the county or tribe's share of the adjusted caseload factor.101.19    (c) With the commencement of a new or expanded tribal TANF program or an 101.20agreement under section 
         256.01, subdivision 2, paragraph (g), in which some or all of 101.21the responsibilities of particular counties under this section are transferred to a tribe, 101.22the commissioner shall:101.23    (1) in the case where all responsibilities under this section are transferred to a tribal 101.24program, determine the percentage of the county's current caseload that is transferring to a 101.25tribal program and adjust the affected county's allocation accordingly; and101.26    (2) in the case where a portion of the responsibilities under this section are 101.27transferred to a tribal program, the commissioner shall consult with the affected county or 101.28counties to determine an appropriate adjustment to the allocation.101.29    (d) Effective January 1, 2005, counties and tribes will have their final allocations 101.30adjusted based on the performance provisions of subdivision 7.101.31    Sec. 49. Minnesota Statutes 2006, section 256J.626, subdivision 7, is amended to read:101.32    Subd. 7. Performance base funds. (a) Beginning calendar year 2005 2008, each 101.33county and tribe will be allocated 95 percent of their initial calendar year allocation. 101.34Counties and tribes will be allocated additional funds based on performance as follows:102.1    (1) for calendar year 2005, a county or tribe that achieves a 30 percent rate or higher 102.2on the MFIP participation rate under section 256J.751, subdivision 2, clause (8), as 102.3averaged across the four quarterly measurements for the most recent year for which the 102.4measurements are available, will receive an additional allocation equal to 2.5 percent of 102.5its initial allocation; and102.6    (2) for calendar year 2006, a county or tribe that achieves a 40 percent rate or a 102.7five percentage point improvement over the previous year's MFIP participation rate 102.8under section 256J.751, subdivision 2, clause (8), as averaged across the four quarterly 102.9measurements for the most recent year for which the measurements are available, will 102.10receive an additional allocation equal to 2.5 percent of its initial allocation; and102.11    (3) for calendar year 2007, a county or tribe that achieves a 50 percent rate or a 102.12five percentage point improvement over the previous year's MFIP participation rate 102.13under section 256J.751, subdivision 2, clause (8), as averaged across the four quarterly 102.14measurements for the most recent year for which the measurements are available, will 102.15receive an additional allocation equal to 2.5 percent of its initial allocation; and102.16    (4) for calendar year 2008 and yearly thereafter, a county or tribe that achieves a 50 102.17percent MFIP participation rate or a five percentage point improvement over the previous 102.18year's MFIP participation rate under section 
         256J.751, subdivision 2, clause (8) (7), as 102.19averaged across the four quarterly measurements for the most recent year for which the 102.20measurements are available, will receive an additional allocation equal to 2.5 percent of 102.21its initial allocation; and102.22    (5) (2)  for calendar years 2005 and thereafter, a county or tribe that performs above 102.23the top of its annualized range of expected performance on the three-year self-support 102.24index under section 
         256J.751, subdivision 2, clause (7) (6), will receive an additional 102.25allocation equal to five percent of its initial allocation; or and 102.26    (6) (3)  for calendar years 2005 and thereafter, a county or tribe that performs within 102.27its range of expected performance on the annualized three-year self-support index under 102.28section 
         256J.751, subdivision 2, clause (7) (6), will receive an additional allocation equal 102.29to 2.5 percent of its initial allocation; and102.30    (4) for calendar years 2008 and thereafter, a county or tribe that does not achieve 102.31a 50 percent MFIP participation rate or a five percentage point improvement over the 102.32previous year's MFIP participation rate under section 256J.751, subdivision 2, clause (7), 102.33as averaged across the four quarterly measurements for the most recent year for which 102.34the measurements are available, will not receive an additional 2.5 percent of its initial 102.35allocation until after negotiating a multiyear improvement plan with the commissioner; or 103.1    (5) for calendar years 2008 and thereafter, a county or tribe that does not perform 103.2within its range of expected performance on the annualized three-year self-support index 103.3under section 256J.751, subdivision 2, clause (6), will not receive an additional allocation 103.4equal to 2.5 percent of its initial allocation until after negotiating a multiyear improvement 103.5plan with the commissioner.103.6    (b) Performance-based funds for a federally approved tribal TANF program in which 103.7the state and tribe have in place a contract under section 
         256.01, addressing consolidated 103.8funding, will be allocated as follows:103.9    (1) for calendar year 2006 and yearly thereafter, a tribe that achieves the participation 103.10rate approved in its federal TANF plan using the average of four quarterly measurements 103.11for the most recent year for which the measurements are available, will receive an 103.12additional allocation equal to 2.5 percent of its initial allocation; and103.13    (2) for calendar years 2006 and thereafter, a tribe that performs above the top of its 103.14annualized range of expected performance on the three-year self-support index under 103.15section 
         256J.751, subdivision 2, clause (7) (6), will receive an additional allocation equal 103.16to five percent of its initial allocation; or103.17    (3) for calendar years 2006 and thereafter, a tribe that performs within its range 103.18of expected performance on the annualized three-year self-support index under section 103.19256J.751, subdivision 2
         , clause (7) (6), will receive an additional allocation equal to 2.5 103.20percent of its initial allocation; or 103.21    (4) for calendar year 2008 and yearly thereafter, a tribe that does not achieve the 103.22participation rate approved in its federal TANF plan using the average of four quarterly 103.23measurements for the most recent year for which the measurements are available, will 103.24not receive an additional allocation equal to 2.5 percent of its initial allocation until after 103.25negotiating a multiyear improvement plan with the commissioner; or 103.26    (5) for calendar year 2008 and yearly thereafter, a tribe that does not perform within 103.27its range of expected performance on the annualized three-year self-support index under 103.28section 256J.751, subdivision 2, clause (6), will not receive an additional allocation equal 103.29to 2.5 percent until after negotiating a multiyear improvement plan with the commissioner.103.30    (c) Funds remaining unallocated after the performance-based allocations in 103.31paragraph (a) are available to the commissioner for innovation projects under subdivision 103.325.103.33    (d)(1) If available funds are insufficient to meet county and tribal allocations 103.34under paragraph (a), the commissioner may make available for allocation funds that are 103.35unobligated and available from the innovation projects through the end of the current 103.36biennium.104.1    (2) If after the application of clause (1) funds remain insufficient to meet county and 104.2tribal allocations under paragraph (a), the commissioner must proportionally reduce the 104.3allocation of each county and tribe with respect to their maximum allocation available 104.4under paragraph (a).104.5    Sec. 50. Minnesota Statutes 2006, section 256J.751, subdivision 2, is amended to read:104.6    Subd. 2. Quarterly comparison report. The commissioner shall report quarterly to 104.7all counties on each county's performance on the following measures:104.8    (1) percent of MFIP caseload working in paid employment;104.9    (2) percent of MFIP caseload receiving only the food portion of assistance;104.10    (3) number of MFIP cases that have left assistance;104.11    (4) median placement wage rate;104.12    (5) caseload by months of TANF assistance;104.13    (6) percent of MFIP and diversionary work program (DWP) cases off cash assistance 104.14or working 30 or more hours per week at one-year, two-year, and three-year follow-up 104.15points from a baseline quarter. This measure is called the self-support index. The 104.16commissioner shall report quarterly an expected range of performance for each county, 104.17county grouping, and tribe on the self-support index. The expected range shall be derived 104.18by a statistical methodology developed by the commissioner in consultation with the 104.19counties and tribes. The statistical methodology shall control differences across counties 104.20in economic conditions and demographics of the MFIP and DWP case load; and104.21    (7) the MFIP TANF work participation rate, defined as the participation requirements 104.22specified in title 1 of Public Law 104-193 applied to all MFIP cases except child only 104.23cases under Public Law 109-171, the Deficit Reduction Act of 2005.104.24    Sec. 51. Minnesota Statutes 2006, section 256J.751, subdivision 5, is amended to read:104.25    Subd. 5. Failure to meet federal performance standards. (a) If sanctions occur 104.26for failure to meet the performance standards specified in title 1 of Public Law 104-193 104.27of the Personal Responsibility and Work Opportunity Act of 1996, and under Public 104.28Law 109-171, the Deficit Reduction Act of 2005, the state shall pay 88 percent of the 104.29sanction. The remaining 12 percent of the sanction will be paid by the counties. The 104.30county portion of the sanction will be distributed across all counties in proportion to each 104.31county's percentage of the MFIP average monthly caseload during the period for which 104.32the sanction was applied.104.33    (b) If a county fails to meet the performance standards specified in title 1 of Public 104.34Law 104-193 of the Personal Responsibility and Work Opportunity Act of 1996, and 105.1Public Law 109-171, the Deficit Reduction Act of 2005, for any year, the commissioner 105.2shall work with counties to organize a joint state-county technical assistance team to work 105.3with the county. The commissioner shall coordinate any technical assistance with other 105.4departments and agencies including the Departments of Employment and Economic 105.5Development and Education as necessary to achieve the purpose of this paragraph.105.6    (c) For state performance measures, a low-performing county is one that:105.7    (1) performs below the bottom of their expected range for the measure in subdivision 105.82, clause (7) (6), in an annualized measurement reported in October of each year; or105.9    (2) performs below 40 percent for the measure in subdivision 2, clause (8) (7), as 105.10averaged across the four quarterly measurements for the year, or the ten counties with the 105.11lowest rates if more than ten are below 40 percent.105.12    (d) Low-performing counties under paragraph (c) must engage in corrective action 105.13planning as defined by the commissioner. The commissioner may coordinate technical 105.14assistance as specified in paragraph (b) for low-performing counties under paragraph (c).105.15    Sec. 52. Minnesota Statutes 2006, section 256J.95, subdivision 3, is amended to read:105.16    Subd. 3. Eligibility for diversionary work program. (a) Except for the categories 105.17of family units listed below, all family units who apply for cash benefits and who 105.18meet MFIP eligibility as required in sections 
         256J.11 to 
         256J.15 are eligible and must 105.19participate in the diversionary work program. Family units that are not eligible for the 105.20diversionary work program include:105.21    (1) child only cases;105.22    (2) a single-parent family unit that includes a child under 12 weeks of age. A parent 105.23is eligible for this exception once in a parent's lifetime and is not eligible if the parent 105.24has already used the previously allowed child under age one exemption from MFIP 105.25employment services;105.26    (3) a minor parent without a high school diploma or its equivalent;105.27    (4) an 18- or 19-year-old caregiver without a high school diploma or its equivalent 105.28who chooses to have an employment plan with an education option;105.29    (5) a caregiver age 60 or over;105.30    (6) family units with a caregiver who received DWP benefits in the 12 months prior 105.31to the month the family applied for DWP, except as provided in paragraph (c);105.32    (7) family units with a caregiver who received MFIP within the 12 months prior to 105.33the month the family unit applied for DWP;105.34    (8) a family unit with a caregiver who received 60 or more months of TANF 105.35assistance; and106.1    (9) a family unit with a caregiver who is disqualified from DWP or MFIP due to 106.2fraud.; and106.3    (10) refugees as defined in Code of Federal Regulations, title 45, chapter IV, section 106.4444.43, who arrived in the United States in the 12 months prior to the date of application 106.5for family cash assistance.106.6    (b) A two-parent family must participate in DWP unless both caregivers meet the 106.7criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit 106.8includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), or (9).106.9    (c) Once DWP eligibility is determined, the four months run consecutively. If a 106.10participant leaves the program for any reason and reapplies during the four-month period, 106.11the county must redetermine eligibility for DWP.106.12EFFECTIVE DATE.This section is effective the day following final enactment.106.13    Sec. 53. Minnesota Statutes 2006, section 256K.45, is amended by adding a 106.14subdivision to read:106.15    Subd. 6.Funding.Any funds appropriated for this section may be expended on 106.16programs described under subdivisions 3 to 5, technical assistance, and capacity building. 106.17Up to four percent of funds appropriated may be used for the purpose of monitoring and 106.18evaluating runaway and homeless youth programs receiving funding under this section. 106.19Funding shall be directed to meet the greatest need, with a significant share of the funding 106.20focused on homeless youth providers in greater Minnesota.106.21    Sec. 54. Minnesota Statutes 2006, section 259.67, subdivision 4, is amended to read:106.22    Subd. 4. Eligibility conditions. (a) The placing agency shall use the AFDC 106.23requirements as specified in federal law as of July 16, 1996, when determining the child's 106.24eligibility for adoption assistance under title IV-E of the Social Security Act. If the child 106.25does not qualify, the placing agency shall certify a child as eligible for state funded 106.26adoption assistance only if the following criteria are met:106.27    (1) Due to the child's characteristics or circumstances it would be difficult to provide 106.28the child an adoptive home without adoption assistance.106.29    (2)(i) A placement agency has made reasonable efforts to place the child for adoption 106.30without adoption assistance, but has been unsuccessful; or106.31    (ii) the child's licensed foster parents desire to adopt the child and it is determined by 106.32the placing agency that the adoption is in the best interest of the child.106.33    (3)(i) The child has been a ward of the commissioner, a Minnesota-licensed 106.34child-placing agency, or a tribal social service agency of Minnesota recognized by the 107.1Secretary of the Interior; or (ii) the child will be adopted according to tribal law without a 107.2termination of parental rights or relinquishment, provided that the tribe has documented 107.3the valid reason why the child cannot or should not be returned to the home of the child's 107.4parent. The placing agency shall not certify a child who remains under the jurisdiction 107.5of the sending agency pursuant to section 
         260.851, article 5, for state-funded adoption 107.6assistance when Minnesota is the receiving state.107.7    (b) For purposes of this subdivision, the characteristics or circumstances that may 107.8be considered in determining whether a child is a child with special needs under United 107.9States Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of 107.10paragraph (a), clause (1), are the following:107.11    (1) The child is a member of a sibling group to be placed as one unit in which at 107.12least one sibling is older than 15 months of age or is described in clause (2) or (3).107.13    (2) The child has documented physical, mental, emotional, or behavioral disabilities.107.14    (3) The child has a high risk of developing physical, mental, emotional, or behavioral 107.15disabilities.107.16    (4) The child is adopted according to tribal law without a termination of parental 107.17rights or relinquishment, provided that the tribe has documented the valid reason why the 107.18child cannot or should not be returned to the home of the child's parent.107.19    (4) The child is five years of age or older.107.20    (c) When a child's eligibility for adoption assistance is based upon the high risk of 107.21developing physical, mental, emotional, or behavioral disabilities, payments shall not be 107.22made under the adoption assistance agreement unless and until the potential disability 107.23manifests itself as documented by an appropriate health care professional.107.24    Sec. 55. Minnesota Statutes 2006, section 270B.14, subdivision 1, is amended to read:107.25    Subdivision 1. Disclosure to commissioner of human services. (a) On the request 107.26of the commissioner of human services, the commissioner shall disclose return information 107.27regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to 107.28the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).107.29    (b) Data that may be disclosed are limited to data relating to the identity, 107.30whereabouts, employment, income, and property of a person owing or alleged to be owing 107.31an obligation of child support.107.32    (c) The commissioner of human services may request data only for the purposes of 107.33carrying out the child support enforcement program and to assist in the location of parents 107.34who have, or appear to have, deserted their children. Data received may be used only 107.35as set forth in section 
         256.978. 108.1    (d) The commissioner shall provide the records and information necessary to 108.2administer the supplemental housing allowance to the commissioner of human services.108.3    (e) At the request of the commissioner of human services, the commissioner of 108.4revenue shall electronically match the Social Security numbers and names of participants 108.5in the telephone assistance plan operated under sections 
         237.69 to 
         237.711, with those of 108.6property tax refund filers, and determine whether each participant's household income is 108.7within the eligibility standards for the telephone assistance plan. 108.8    (f) The commissioner may provide records and information collected under sections 108.9295.50
          to 
         295.59 to the commissioner of human services for purposes of the Medicaid 108.10Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law 108.11102-234. Upon the written agreement by the United States Department of Health and 108.12Human Services to maintain the confidentiality of the data, the commissioner may provide 108.13records and information collected under sections 
         295.50 to 
         295.59 to the Centers for 108.14Medicare and Medicaid Services section of the United States Department of Health and 108.15Human Services for purposes of meeting federal reporting requirements. 108.16    (g) The commissioner may provide records and information to the commissioner of 108.17human services as necessary to administer the early refund of refundable tax credits.108.18    (h) The commissioner may disclose information to the commissioner of human 108.19services necessary to verify income for eligibility and premium payment under the 108.20MinnesotaCare program, under section 
         256L.05, subdivision 2. 108.21    (i) The commissioner may disclose information to the commissioner of human 108.22services necessary to verify whether applicants or recipients for the Minnesota family 108.23investment program, general assistance, food support, and Minnesota supplemental aid 108.24program, and child care assistance have claimed refundable tax credits under chapter 290 108.25and the property tax refund under chapter 290A, and the amounts of the credits.108.26    Sec. 56. MFIP PILOT PROGRAM; WORKFORCE U.108.27    Subdivision 1.Establishment.A pilot program is established in Stearns and 108.28Benton Counties to expand the Workforce U program administered by the Stearns-Benton 108.29Employment and Training Council.108.30    Subd. 2.Evaluation.The Workforce U pilot program must be evaluated by a 108.31research and evaluation organization with experience evaluating welfare programs. The 108.32evaluation must include information on the total number of persons served, percentage 108.33of participants exiting the program, percentage of former participants reentering the 108.34program, average wages of program participants, and recommendations to the legislature 109.1for possible statewide implementation of the program. The evaluation must be presented 109.2to the legislature by February 15, 2011.109.3    Subd. 3.Expiration.The Workforce U pilot program expires on June 30, 2011.109.4    Sec. 57. LEECH LAKE YOUTH TREATMENT CENTER PROPOSAL.109.5    (a) The commissioner of human services shall provide a planning grant to address 109.6the unmet need for local, effective, culturally relevant alcohol and drug treatment for 109.7American Indian youth, and develop a plan for a family-based youth treatment center in 109.8the Leech Lake area. The planning grant must be provided to a volunteer board consisting 109.9of at least four members appointed by the commissioner, to include at least the following:109.10    (1) two members of the Leech Lake Tribal Council or their designees;109.11    (2) one member appointed by the Cass County Social Services administrator; and109.12    (3) one member appointed by the Cass Lake-Bena Public School superintendent.109.13    (b) The plan must include:109.14    (1) an interest, feasibility, and suitability of location study;109.15    (2) defining scope of programs and services to be offered;109.16    (3) defining site use limitations and restrictions, including physical and capacity;109.17    (4) defining facilities required for programs and services offered;109.18    (5) identifying partners, partnership roles, and partner resources;109.19    (6) developing proposed operating and maintenance budgets;109.20    (7) identifying funding sources;109.21    (8) developing a long-term funding plan; and109.22    (9) developing a formal steering committee, structure, and bylaws.109.23    (c) The plan is due to the legislative committees having jurisdiction over chemical 109.24health issues no later than September 2008 in order to provide the 12 months necessary to 109.25complete the plan.109.26    Sec. 58. MINNESOTA FOOD SUPPORT PROGRAM SIMPLIFIED 109.27APPLICATION.109.28    The commissioner of human services shall implement a simplified application form 109.29and process for the food support program by January 1, 2008. The commissioner shall 109.30consult with counties and representatives of persons served by the program to develop the 109.31simplified application form and process. The application process shall:109.32    (1) include a simple, short form that can be completed by individuals with limited 109.33literacy skills;109.34    (2) include an application form for individuals without dependents;110.1    (3) include a process that does not require individuals to take time off work for a 110.2face-to-face interview; and110.3    (4) minimize demands on county staff in assisting applicants.110.4EFFECTIVE DATE.This section is effective January 1, 2008.110.5    Sec. 59. INSPECTION OF LEGAL UNLICENSED CHILD CARE PROVIDERS.110.6    The commissioner of human services, in consultation with the commissioner of 110.7health and the counties, shall develop and present recommendations to the legislature in 110.8January 2008 in order for each legally unlicensed child care provider receiving child 110.9care assistance funds to receive a onetime home visit to receive information on health 110.10and safety, and school readiness.110.11    Sec. 60. COMMISSIONER OF HUMAN SERVICES DUTIES; EARLY 110.12CHILDHOOD AND SCHOOL-AGE PROFESSIONAL DEVELOPMENT 110.13TRAINING.110.14    Subdivision 1.Development and implementation of an early childhood and 110.15school-age professional development system.(a) The commissioner of human services, 110.16in cooperation with the commissioners of education and health, shall develop and phase-in 110.17the implementation of a professional development system for practitioners serving 110.18children in early childhood and school-age programs. The system shall provide training 110.19options and supports for practitioners to voluntarily choose, as they complete or exceed 110.20existing licensing requirements.110.21    The system must, at a minimum, include the following features:110.22    (1) a continuum of training content based on the early childhood and school-age 110.23care practitioner core competencies that translates knowledge into improved practice to 110.24support children's school success;110.25    (2) training strategies that provide direct feedback about practice to practitioners 110.26through ongoing consultation, mentoring, or coaching with special emphasis on early 110.27literacy and early mathematics;110.28    (3) an approval process for trainers;110.29    (4) a professional development registry for early childhood and school-age care 110.30practitioners that will provide tracking and recognition of practitioner training/career 110.31development progress;110.32    (5) a career lattice that includes a range of professional development and educational 110.33opportunities that provide appropriate coursework and degree pathways;111.1    (6) development of a plan with public higher education institutions for an articulated 111.2system of education, training, and professional development that includes credit for prior 111.3learning and development of equivalences to two- and four-year degrees;111.4    (7) incentives and supports for early childhood and school-age care practitioners 111.5to seek additional training and education, including TEACH, other scholarships, and 111.6career guidance; and111.7    (8) coordinated and accessible delivery of training to early childhood and school-age 111.8care practitioners.111.9    (b) By January 1, 2008, the commissioner, in consultation with the organizations 111.10named in subdivision 2 shall develop additional opportunities in order to qualify more 111.11licensed family child care providers under section 119B.13, subdivision 3a.111.12    (c) The commissioner of human services must evaluate the professional development 111.13system and make continuous improvements.111.14    (d) Beginning July 1, 2007, as appropriations permit, the commissioner shall 111.15phase-in the professional development system.111.16    Subd. 2.Two-hour early childhood training.By January 15, 2008, the 111.17commissioner of human services, with input from the Minnesota Licensed Family Child 111.18Care Association and the Minnesota Professional Development Council, shall identify 111.19trainings that qualify for the two-hour early childhood development training requirement 111.20for new child care practitioners under Minnesota Statutes, section 245A.14, subdivision 111.219a, paragraphs (a) and (b). For licensed family child care, the commissioner shall also 111.22seek the input of labor unions that serve licensed family child care providers, if the union 111.23has been recognized by a county to serve licensed family child care providers.111.24    Sec. 61. SCHOOL READINESS SERVICE AGREEMENTS.111.25    Subdivision 1.Overview.(a) Effective July 1, 2007, funds must be made available 111.26to allow the commissioner to pay higher rates to up to 50 child care providers who are 111.27deemed by the commissioner to meet the requirements of a school readiness service 111.28agreement (SRSA) provider and perform services that support school readiness for 111.29children and economic stability for parents.111.30    (b) A provider may be paid a rate above that currently allowed under Minnesota 111.31Statutes, section 119B.13, if:111.32    (1) the provider has entered into an SRSA with the commissioner; 111.33    (2) a family using that provider receives child care assistance under any provision in 111.34Minnesota Statutes, chapter 119B, except Minnesota Statutes, section 119B.035; 111.35    (3) the family using that provider meets the criteria in this section; and 112.1    (4) funding is available under this section.112.2    Subd. 2.Provider eligibility.(a) To be considered for an SRSA, a provider shall 112.3apply to the commissioner. To be eligible to apply for an SRSA, a provider shall:112.4    (1) be eligible for child care assistance payments under Minnesota Statutes, chapter 112.5119B;112.6    (2) have at least 25 percent of the children enrolled with the provider subsidized 112.7through the child care assistance program;112.8    (3) provide full-time, full-year child care services; and 112.9    (4) serve at least one child who is subsidized through the child care assistance 112.10program and who is expected to enter kindergarten within the following 30 months.112.11    (b) The commissioner may waive the 25 percent requirement in paragraph (a), clause 112.12(2), if necessary to achieve geographic distribution of SRSA providers and diversity of 112.13types of care provided by SRSA providers.112.14    (c) An eligible provider who would like to enter into an SRSA with the commissioner 112.15shall submit an SRSA application. To determine whether to enter into an SRSA with a 112.16provider, the commissioner shall evaluate the following factors:112.17    (1) the qualifications of the provider and the provider's staff;112.18    (2) the provider's staff-child ratios;112.19    (3) the provider's curriculum;112.20    (4) the provider's current or planned parent education activities;112.21    (5) the provider's current or planned social service and employment linkages;112.22    (6) the provider's child development assessment plan;112.23    (7) the geographic distribution needed for SRSA providers;112.24    (8) the inclusion of a variety of child care delivery models; and 112.25    (9) other related factors determined by the commissioner.112.26    Subd. 3.Family and child eligibility.(a) A family eligible to choose an SRSA 112.27provider for their children shall:112.28    (1) be eligible to receive child care assistance under any provision in Minnesota 112.29Statutes, chapter 119B, except Minnesota Statutes, section 119B.035; 112.30    (2) be in an authorized activity for an average of at least 35 hours per week when 112.31initial eligibility is determined; and 112.32    (3) include a child who has not yet entered kindergarten.112.33    (b) A family who is determined to be eligible to choose an SRSA provider remains 112.34eligible to be paid at a higher rate through the SRSA provider when the following 112.35conditions exist:113.1    (1) the child attends child care with the SRSA provider a minimum of 25 hours per 113.2week, on average;113.3    (2) the family has a child who has not yet entered kindergarten; and 113.4    (3) the family maintains eligibility under Minnesota Statutes, chapter 119B, except 113.5Minnesota Statutes, section 119B.035.113.6    (c) For the 12 months after initial eligibility has been determined, a decrease in 113.7the family's authorized activities to an average of less than 35 hours per week does not 113.8result in ineligibility for the SRSA rate.113.9    (d) A family that moves between counties but continues to use the same SRSA 113.10provider shall continue to receive SRSA funding for the increased payments.113.11    Subd. 4.Requirements of providers.An SRSA must include assessment, 113.12evaluation, and reporting requirements that promote the goals of improved school 113.13readiness and movement toward appropriate child development milestones. A provider 113.14who enters into an SRSA shall comply with the assessment, evaluation, and reporting 113.15requirements in the SRSA.113.16    Subd. 5.Relationship to current law.(a) The following provisions in Minnesota 113.17Statutes, chapter 119B, must be waived or modified for families receiving services under 113.18this section.113.19    (b) Notwithstanding Minnesota Statutes, section 119B.13, subdivisions 1 and 1a, 113.20maximum weekly rates under this section are 125 percent of the existing maximum 113.21weekly rate for like-care. Providers eligible for a differential rate under Minnesota 113.22Statutes, section 119B.13, subdivision 3a, remain eligible for the differential above the 113.23rate identified in this section. Only care for children who have not yet entered kindergarten 113.24may be paid at the maximum rate under this section. The provider's charge for service 113.25provided through an SRSA may not exceed the rate that the provider charges a private-pay 113.26family for like-care arrangements.113.27    (c) A family or child care provider may not be assessed an overpayment for care 113.28provided through an SRSA unless: 113.29    (1) there was an error in the amount of care authorized for the family; or 113.30    (2) the family or provider did not timely report a change as required under the law.113.31    (d) Care provided through an SRSA is authorized on a weekly basis.113.32    (e) Funds appropriated under this section to serve families eligible under Minnesota 113.33Statutes, section 119B.03, are not allocated through the basic sliding fee formula under 113.34Minnesota Statutes, section 119B.03. Funds appropriated under this section are used to 113.35offset increased costs when payments are made under SRSA's.114.1    (f) Notwithstanding Minnesota Statutes, section 119B.09, subdivision 6, the 114.2maximum amount of child care assistance that may be authorized for a child receiving 114.3care through an SRSA in a two-week period is 160 hours per child.114.4    Subd. 6.Establishment of service agreements.(a) The commissioner shall 114.5approve SRSA's for up to 50 providers that represent diverse parts of the state and a 114.6variety of child care delivery models. Entering into a service agreement does not guarantee 114.7that a provider will receive payment at a higher rate for families receiving child care 114.8assistance. A family eligible under this section shall choose a provider participating in an 114.9SRSA in order for a higher rate to be paid. Payments through SRSA's are also limited by 114.10the availability of SRSA funds.114.11    (b) Nothing in this section shall be construed to limit parent choice as defined in 114.12Minnesota Statutes, section 119B.09, subdivision 5.114.13    (c) The commissioner may allow for startup time for some providers if failing to 114.14do so would limit geographic diversity of SRSA providers or a variety of child care 114.15delivery models.114.16    Sec. 62. FAMILY, FRIEND, AND NEIGHBOR GRANT PROGRAM.114.17    Subdivision 1.Establishment.A family, friend, and neighbor (FFN) grant program 114.18is established to promote children's early literacy, healthy development, and school 114.19readiness, and to foster community partnerships to promote children's school readiness. 114.20The commissioner shall attempt to ensure that grants are made in all areas of the state. The 114.21commissioner of human services shall make grants available to fund: community-based 114.22organizations, nonprofit organizations, and Indian tribes working with FFN caregivers 114.23under subdivision 2, paragraph (a); and community-based partnerships to implement early 114.24literacy programs under subdivision 2, paragraph (b).114.25    Subd. 2.Program components.(a)(1) Grants that the commissioner awards under 114.26this section must be used by community-based organizations, nonprofit organizations, and 114.27Indian tribes working with FFN caregivers in local communities, cultural communities, 114.28and Indian tribes to:114.29    (i) provide training, support, and resources to FFN caregivers in order to improve 114.30and promote children's health, safety, nutrition, and school readiness;114.31    (ii) connect FFN caregivers and children's families with appropriate community 114.32resources that support the families' health, mental health, economic, and developmental 114.33needs;114.34    (iii) connect FFN caregivers and children's families to early childhood screening 114.35programs and facilitate referrals where appropriate;115.1    (iv) provide FFN caregivers and children's families with information about early 115.2learning guidelines from the Departments of Human Services and Education;115.3    (v) provide FFN caregivers and children's families with information about becoming 115.4a licensed family child care provider; and115.5    (vi) provide FFN caregivers and children's families with information about early 115.6learning allowances and enrollment opportunities in high quality community-based 115.7child-care and preschool programs.115.8    (2) Grants that the commissioner awards under this paragraph also may be used for:115.9    (i) health and safety and early learning kits for FFN caregivers;115.10    (ii) play-and-learn groups with FFN caregivers;115.11    (iii) culturally appropriate early childhood training for FFN caregivers;115.12    (iv) transportation for FFN caregivers and children's families to school readiness and 115.13other early childhood training activities;115.14    (v) other activities that promote school readiness;115.15    (vi) data collection and evaluation;115.16    (vii) staff outreach and outreach activities;115.17    (viii) translation needs; or115.18    (ix) administrative costs that equal up to 12 percent of the recipient's grant award.115.19    (b) Grants that the commissioner awards under this section also must be used to fund 115.20partnerships among Minnesota public and regional library systems, community-based 115.21organizations, nonprofit organizations, and Indian tribes to implement early literacy 115.22programs in low-income communities, including tribal communities, to:115.23    (1) purchase and equip early childhood read-mobiles that provide FFN caregivers 115.24and children's families with books, training, and early literacy activities;115.25    (2) provide FFN caregivers and children's families with translations of early 115.26childhood books, training, and early literacy activities in native languages; or115.27    (3) provide FFN caregivers and children's families with early literacy activities in 115.28local libraries.115.29    Subd. 3.Grant awards.Interested entities eligible to receive a grant under 115.30this section may apply to the commissioner in the form and manner the commissioner 115.31determines. The commissioner shall awards grants to eligible entities consistent with 115.32the requirements of this section.115.33    Subd. 4.Evaluation.The commissioner, in consultation with early childhood 115.34care and education experts at the University of Minnesota, must evaluate the impact of 115.35the grants under subdivision 2 on children's school readiness and submit a written report 116.1to the human services and education finance and policy committees of the legislature by 116.2February 15, 2010.116.3EFFECTIVE DATE.This section is effective the day following final enactment.116.4    Sec. 63. CHILD CARE PROVIDER STUDY.116.5    If sufficient resources to support the costs are provided by one or more 116.6nongovernmental entities, the commissioner of human services is directed to study the 116.7implications of restricting the use of state subsidies in center-based child care to centers 116.8meeting state quality standards under Minnesota Statutes, section 124D.175, paragraph 116.9(c), and to publish the results no later than January 1, 2010. The study must include:116.10    (1) the likelihood of there being sufficient child care providers meeting the standards;116.11    (2) the cost to bring providers up to the standards and how this cost would be funded;116.12    (3) how the standards and the ratings would be communicated to both parents and 116.13the general public; and116.14    (4) a determination whether a similar system could be implemented for 116.15non-center-based care.116.16    Sec. 64. DIRECTION TO COMMISSIONER.116.17    (a) The commissioner of human services shall offer a request for proposals to 116.18identify a research and evaluation firm with experience working with:116.19    (1) homeless youth providers;116.20    (2) data; and116.21    (3) the topics of housing, homelessness, and a continuum of care for youth.116.22    (b) The research and evaluation firm identified under paragraph (a) shall monitor and 116.23evaluate the programs receiving funding under Minnesota Statutes, section 256K.45.116.24    Sec. 65. NOT ASSESSING TANF PENALTIES AGAINST COUNTIES.116.25    From October 2006 through October 2007, if the state does not meet the federal 116.26work participation requirements, and the state is penalized by a reduction in the TANF 116.27grant, the state shall not assess penalties against the counties.116.28    Sec. 66.  REPEALER.116.29(a) Minnesota Statutes 2006, sections 119B.08, subdivision 4; 256J.24, subdivision 116.306; 256J.29; 256J.37, subdivision 3b; and 256J.626, subdivision 9, are repealed.116.31(b) Laws 1997, chapter 8, section 1, is repealed.116.32(c) Minnesota Rules, part 9560.0102, subpart 2, item C, is repealed.117.1ARTICLE 3117.2LICENSING117.3    Section 1. Minnesota Statutes 2006, section 245A.035, is amended to read:117.4245A.035 RELATIVE FOSTER CARE; UNLICENSED EMERGENCY 117.5LICENSE RELATIVE PLACEMENT.117.6    Subdivision 1. Grant of Emergency license placement. Notwithstanding section 117.7245A.03, subdivision 2a
         , or 
         245C.13, subdivision 2, a county agency may place a child 117.8for foster care with a relative who is not licensed to provide foster care, provided the 117.9requirements of subdivision 2 this section are met. As used in this section, the term 117.10"relative" has the meaning given it under section 
         260C.007, subdivision 27.117.11    Subd. 2. Cooperation with emergency licensing placement process. (a) A county 117.12agency that places a child with a relative who is not licensed to provide foster care must 117.13begin the process of securing an emergency license for the relative as soon as possible 117.14and must conduct the initial inspection required by subdivision 3, clause (1), whenever 117.15possible, prior to placing the child in the relative's home, but no later than three working 117.16days after placing the child in the home. A child placed in the home of a relative who is 117.17not licensed to provide foster care must be removed from that home if the relative fails 117.18to cooperate with the county agency in securing an emergency foster care license. The 117.19commissioner may issue an emergency foster care license to a relative with whom the 117.20county agency wishes to place or has placed a child for foster care, or to a relative with 117.21whom a child has been placed by court order.117.22    (b) If a child is to be placed in the home of a relative not licensed to provide foster 117.23care, either the placing agency or the county agency in the county in which the relative 117.24lives shall conduct the emergency licensing placement process as required in this section.117.25    Subd. 3. Requirements for emergency license placement. Before an emergency 117.26license placement may be issued made, the following requirements must be met:117.27    (1) the county agency must conduct an initial inspection of the premises where 117.28the foster care placement is to be provided made to ensure the health and safety of any 117.29child placed in the home. The county agency shall conduct the inspection using a form 117.30developed by the commissioner;117.31    (2) at the time of the inspection or placement, whichever is earlier, the county 117.32agency must provide the relative being considered for an emergency license shall receive117.33placement an application form for a child foster care license;118.1    (3) whenever possible, prior to placing the child in the relative's home, the relative 118.2being considered for an emergency license placement shall provide the information 118.3required by section 
         245C.05; and 118.4    (4) if the county determines, prior to the issuance of an emergency license118.5placement, that anyone requiring a background study may be prior to licensure of the 118.6home is disqualified under section 245C.14 and chapter 245C, and the disqualification 118.7is one which the commissioner cannot set aside, an emergency license shall placement 118.8must not be issued made.118.9    Subd. 4. Applicant study. When the county agency has received the information 118.10required by section 
         245C.05, the county agency shall begin an applicant study according to 118.11the procedures in chapter 245C. The commissioner may issue an emergency license upon 118.12recommendation of the county agency once the initial inspection has been successfully 118.13completed and the information necessary to begin the applicant background study has been 118.14provided. If the county agency does not recommend that the emergency license be granted, 118.15the agency shall notify the relative in writing that the agency is recommending denial to the 118.16commissioner; shall remove any child who has been placed in the home prior to licensure; 118.17and shall inform the relative in writing of the procedure to request review pursuant to 118.18subdivision 6. An emergency license shall be effective until a child foster care license is 118.19granted or denied, but shall in no case remain in effect more than 120 days from the date 118.20of placement submit the information to the commissioner according to section 245C.05.118.21    Subd. 5. Child foster care license application. (a) The relatives with whom the118.22emergency license holder placement has been made shall complete the child foster care 118.23license application and necessary paperwork within ten days of the placement. The county 118.24agency shall assist the emergency license holder applicant to complete the application. 118.25The granting of a child foster care license to a relative shall be under the procedures in this 118.26chapter and according to the standards set forth by foster care rule in Minnesota Rules, 118.27chapter 2960. In licensing a relative, the commissioner shall consider the importance of 118.28maintaining the child's relationship with relatives as an additional significant factor in 118.29determining whether to a background study disqualification should be set aside a licensing 118.30disqualifier under section 
         245C.22, or to grant a variance of licensing requirements should 118.31be granted under sections 245C.21 to 245C.27 section 245C.30.118.32    (b) When the county or private child-placing agency is processing an application 118.33for child foster care licensure of a relative as defined in section 
         260B.007, subdivision 118.3412
         , or 
         260C.007, subdivision 27, the county agency or child-placing agency must explain 118.35the licensing process to the prospective licensee, including the background study process 118.36and the procedure for reconsideration of an initial disqualification for licensure. The 119.1county or private child-placing agency must also provide the prospective relative licensee 119.2with information regarding appropriate options for legal representation in the pertinent 119.3geographic area. If a relative is initially disqualified under section 
         245C.14, the county 119.4or child-placing agency commissioner must provide written notice of the reasons for the 119.5disqualification and the right to request a reconsideration by the commissioner as required 119.6under section 
         245C.17.119.7    (c) The commissioner shall maintain licensing data so that activities related to 119.8applications and licensing actions for relative foster care providers may be distinguished 119.9from other child foster care settings.119.10    Subd. 6.Denial of emergency license.If the commissioner denies an application 119.11for an emergency foster care license under this section, that denial must be in writing and 119.12must include reasons for the denial. Denial of an emergency license is not subject to 119.13appeal under chapter 14. The relative may request a review of the denial by submitting 119.14to the commissioner a written statement of the reasons an emergency license should be 119.15granted. The commissioner shall evaluate the request for review and determine whether 119.16to grant the emergency license. The commissioner's review shall be based on a review 119.17of the records submitted by the county agency and the relative. Within 15 working 119.18days of the receipt of the request for review, the commissioner shall notify the relative 119.19requesting review in written form whether the emergency license will be granted. The 119.20commissioner's review shall be based on a review of the records submitted by the county 119.21agency and the relative. A child shall not be placed or remain placed in the relative's home 119.22while the request for review is pending. Denial of an emergency license shall not preclude 119.23an individual from reapplying for an emergency license or from applying for a child foster 119.24care license. The decision of the commissioner is the final administrative agency action.119.25    Sec. 2. Minnesota Statutes 2006, section 245A.10, subdivision 2, is amended to read:119.26    Subd. 2. County fees for background studies and licensing inspections. (a) For 119.27purposes of family and group family child care licensing under this chapter, a county 119.28agency may charge a fee to an applicant or license holder to recover the actual cost of 119.29background studies, but in any case not to exceed $100 annually. A county agency may 119.30also charge alicense fee to an applicant or license holder to recover the actual cost of 119.31licensing inspections, but in any case not to exceed $150 annually$50 for a one-year 119.32license or $100 for a two-year license.119.33    (b) A county agency may charge a fee to a legal nonlicensed child care provider or 119.34applicant for authorization to recover the actual cost of background studies completed 119.35under section  
         119B.125, but in any case not to exceed $100 annually. 120.1    (c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):120.2    (1) in cases of financial hardship;120.3    (2)  if the county has a shortage of providers in the county's area;120.4    (3) for new providers; or120.5    (4) for providers who have attained at least 16 hours of training before seeking 120.6initial licensure.120.7    (d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on 120.8an installment basis for up to one year. If the provider is receiving child care assistance 120.9payments from the state, the provider may have the fees under paragraph (a) or (b) 120.10deducted from the child care assistance payments for up to one year and the state shall 120.11reimburse the county for the county fees collected in this manner.120.12EFFECTIVE DATE.This section is effective January 1, 2008.120.13    Sec. 3. Minnesota Statutes 2006, section 245A.16, subdivision 1, is amended to read:120.14    Subdivision 1. Delegation of authority to agencies. (a) County agencies and 120.15private agencies that have been designated or licensed by the commissioner to perform 120.16licensing functions and activities under section 
         245A.04andbackground studies for adult 120.17foster care, family adult day services, and until December 31, 2007, family child care, 120.18under chapter 245C,; to recommend denial of applicants under section 
         245A.05,; to issue 120.19correction orders, to issue variances, and recommend a conditional license under section 120.20245A.06
         , or to recommend suspending or revoking a license or issuing a fine under section 120.21245A.07
         , shall comply with rules and directives of the commissioner governing those 120.22functions and with this section. The following variances are excluded from the delegation 120.23of variance authority and may be issued only by the commissioner:120.24    (1) dual licensure of family child care and child foster care, dual licensure of child 120.25and adult foster care, and adult foster care and family child care;120.26    (2) adult foster care maximum capacity;120.27    (3) adult foster care minimum age requirement;120.28    (4) child foster care maximum age requirement;120.29    (5) variances regarding disqualified individuals except that county agencies may 120.30issue variances under section 
         245C.30 regarding disqualified individuals when the county 120.31is responsible for conducting a consolidated reconsideration according to sections 
         245C.25120.32and 
         245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination 120.33and a disqualification based on serious or recurring maltreatment; and120.34    (6) the required presence of a caregiver in the adult foster care residence during 120.35normal sleeping hours.121.1    (b) County agencies must report:121.2    (1) information about disqualification reconsiderations under sections 
         245C.25 and 121.3245C.27, subdivision 2
         , clauses paragraphs (a) and (b), and variances granted under 121.4paragraph (a), clause (5), to the commissioner at least monthly in a format prescribed by 121.5the commissioner; and.121.6    (2) for relative child foster care applicants and license holders, the number of 121.7relatives, as defined in section 260C.007, subdivision 27, and household members of 121.8relatives who are disqualified under section 245C.14; the disqualifying characteristics 121.9under section 245C.15; the number of these individuals who requested reconsideration 121.10under section 245C.21; the number of set-asides under section 245C.22; and variances 121.11under section 245C.30 issued. This information shall be reported to the commissioner 121.12annually by January 15 of each year in a format prescribed by the commissioner.121.13    (c) For family day care programs, the commissioner may authorize licensing reviews 121.14every two years after a licensee has had at least one annual review.121.15    (d) For family adult day services programs, the commissioner may authorize 121.16licensing reviews every two years after a licensee has had at least one annual review.121.17    (e) A license issued under this section may be issued for up to two years.121.18    Sec. 4. Minnesota Statutes 2006, section 245A.16, subdivision 3, is amended to read:121.19    Subd. 3. Recommendations to the commissioner. The county or private agency 121.20shall not make recommendations to the commissioner regarding licensure without 121.21first conducting an inspection, and for adult foster care, family adult day services, and 121.22until December 31, 2007, family child care, a background study of the applicant, and 121.23evaluation pursuant to under chapter 245C. The county or private agency must forward its 121.24recommendation to the commissioner regarding the appropriate licensing action within 20 121.25working days of receipt of a completed application.121.26    Sec. 5. Minnesota Statutes 2006, section 245C.02, is amended by adding a subdivision 121.27to read:121.28    Subd. 14a.Private agency."Private agency" has the meaning given in section 121.29245A.02, subdivision 12.121.30    Sec. 6. Minnesota Statutes 2006, section 245C.04, subdivision 1, is amended to read:121.31    Subdivision 1. Licensed programs. (a) The commissioner shall conduct a 121.32background study of an individual required to be studied under section 
         245C.03, 121.33subdivision 1
         , at least upon application for initial license for all license types. 122.1    (b) The commissioner shall conduct a background study of an individual required 122.2to be studied under section 
         245C.03, subdivision 1, at reapplication for a license for 122.3family child care,child foster care, and adult foster care, family adult day services, and 122.4until January 1, 2008, family child care. 122.5    (c) The commissioner is not required to conduct a study of an individual at the time 122.6of reapplication for a license if the individual's background study was completed by the 122.7commissioner of human services for an adult foster care license holder that is also:122.8    (1) registered under chapter 144D; or122.9    (2) licensed to provide home and community-based services to people with 122.10disabilities at the foster care location and the license holder does not reside in the foster 122.11care residence; and122.12    (3) the following conditions are met:122.13    (i) a study of the individual was conducted either at the time of initial licensure or 122.14when the individual became affiliated with the license holder;122.15    (ii) the individual has been continuously affiliated with the license holder since 122.16the last study was conducted; and122.17    (iii) the last study of the individual was conducted on or after October 1, 1995.122.18    (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall 122.19conduct a study of an individual required to be studied under section 245C.03, at the 122.20time of reapplication for a child foster care license. The county or private agency shall 122.21collect and forward to the commissioner the information required under section 245C.05, 122.22subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background 122.23study conducted by the commissioner of human services under this paragraph must 122.24include a review of the information required under section 245C.08, subdivisions 1, 122.25paragraph (a), clauses (1) to (5), 3, and 4.122.26    (e) From January 1, 2008, to December 31, 2009, the commissioner shall conduct 122.27a study of an individual required to be studied under section 245C.03, at the time of 122.28reapplication for a family child care license. The county shall collect and forward to the 122.29commissioner the information required under section 245C.05, subdivisions 1, paragraphs 122.30(a) and (b), and 5, paragraphs (a) and (b). The background study conducted by the 122.31commissioner under this paragraph must include a review of the information required 122.32under section 245C.08, subdivisions 1, paragraph (a), clauses (1) to (5), 3, and 4.122.33    (f) The commissioner of human services shall conduct a background study of an 122.34individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), 122.35who is newly affiliated with a child foster care license holder, and beginning January 1, 122.362008, a family child care license. The county or private agency shall collect and forward 123.1to the commissioner the information required under section 245C.05, subdivisions 1 and 123.25. The background study conducted by the commissioner of human services under this 123.3paragraph must include a review of the information required under section 245C.08, 123.4subdivisions 1, 3, and 4.123.5    (g) Applicants for licensure, license holders, and other entities as provided in this 123.6chapter must submit completed background study forms to the commissioner before 123.7individuals specified in section 
         245C.03, subdivision 1, begin positions allowing direct 123.8contact in any licensed program. 123.9    (e) (h) For purposes of this section, a physician licensed under chapter 147 is 123.10considered to be continuously affiliated upon the license holder's receipt from the 123.11commissioner of health or human services of the physician's background study results.123.12    Sec. 7. Minnesota Statutes 2006, section 245C.05, subdivision 1, is amended to read:123.13    Subdivision 1. Individual studied. (a) The individual who is the subject of the 123.14background study must provide the applicant, license holder, or other entity under section 123.15245C.04
          with sufficient information to ensure an accurate study, including: 123.16    (1) the individual's first, middle, and last name and all other names by which the 123.17individual has been known;123.18    (2) home address, city, and state of residence;123.19    (3) zip code;123.20    (4) sex;123.21    (5) date of birth; and123.22    (6) Minnesota driver's license number or state identification number.123.23    (b) Every subject of a background study conducted or initiated by counties or private 123.24agencies under this chapter must also provide the home address, city, county, and state of 123.25residence for the past five years.123.26    (c) Every subject of a background study related to private agency adoptions or 123.27related to child foster care licensed through a private agency, who is 18 years of age 123.28or older, shall also provide the commissioner a signed consent for the release of any 123.29information received from national crime information databases to the private agency that 123.30initiated the background study.123.31    (d) The subject of a background study shall provide fingerprints as required in 123.32subdivision 5, paragraph (c).123.33    Sec. 8. Minnesota Statutes 2006, section 245C.05, is amended by adding a subdivision 123.34to read:124.1    Subd. 2a.County or private agency.For background studies related to child 124.2foster care, and beginning January 1, 2008, for studies related to family child care, county 124.3and private agencies must collect the information under subdivision 1 and forward it to 124.4the commissioner.124.5    Sec. 9. Minnesota Statutes 2006, section 245C.05, subdivision 4, is amended to read:124.6    Subd. 4. Electronic transmission. For background studies conducted by the 124.7Department of Human Services, the commissioner shall implement a system for the 124.8electronic transmission of:124.9    (1) background study information to the commissioner; and124.10    (2) background study results to the license holder.; and124.11    (3) background study results to county and private agencies for background studies 124.12conducted by the commissioner for child foster care, and beginning January 1, 2008, 124.13also for family child care.124.14    Sec. 10. Minnesota Statutes 2006, section 245C.05, subdivision 5, is amended to read:124.15    Subd. 5. Fingerprints. (a) Except as provided in paragraph (c), for any background 124.16study completed under this chapter, when the commissioner has reasonable cause to 124.17believe that further pertinent information may exist on the subject of the background 124.18study, the subject shall provide the commissioner with a set of classifiable fingerprints 124.19obtained from an authorized law enforcement agency.124.20    (b) For purposes of requiring fingerprints, the commissioner has reasonable cause 124.21when, but not limited to, the:124.22    (1) information from the Bureau of Criminal Apprehension indicates that the subject 124.23is a multistate offender;124.24    (2) information from the Bureau of Criminal Apprehension indicates that multistate 124.25offender status is undetermined; or124.26    (3) commissioner has received a report from the subject or a third party indicating 124.27that the subject has a criminal history in a jurisdiction other than Minnesota.124.28    (c) Except as specified under section 245C.04, subdivision 1, paragraph (d), for 124.29background studies conducted by the commissioner for child foster care or adoptions, 124.30the subject of the background study, who is 18 years of age or older, shall provide the 124.31commissioner with a set of classifiable fingerprints obtained from an authorized agency.124.32    Sec. 11. Minnesota Statutes 2006, section 245C.05, subdivision 7, is amended to read:125.1    Subd. 7. Probation officer and corrections agent. (a) A probation officer or 125.2corrections agent shall notify the commissioner of an individual's conviction if the 125.3individual is:125.4    (1) affiliated with a program or facility regulated by the Department of Human 125.5Services or Department of Health, a facility serving children or youth licensed by the 125.6Department of Corrections, or any type of home care agency or provider of personal care 125.7assistance services; and125.8    (2) convicted of a crime constituting a disqualification under section 
         245C.14. 125.9    (b) For the purpose of this subdivision, "conviction" has the meaning given it 125.10in section 
         609.02, subdivision 5. 125.11    (c) The commissioner, in consultation with the commissioner of corrections, shall 125.12develop forms and information necessary to implement this subdivision and shall provide 125.13the forms and information to the commissioner of corrections for distribution to local 125.14probation officers and corrections agents.125.15    (d) The commissioner shall inform individuals subject to a background study that 125.16criminal convictions for disqualifying crimes will be reported to the commissioner by the 125.17corrections system.125.18    (e) A probation officer, corrections agent, or corrections agency is not civilly or 125.19criminally liable for disclosing or failing to disclose the information required by this 125.20subdivision.125.21    (f) Upon receipt of disqualifying information, the commissioner shall provide the 125.22notice required under section 
         245C.17, as appropriate, to agencies on record as having 125.23initiated a background study or making a request for documentation of the background 125.24study status of the individual. 125.25    (g) This subdivision does not apply to family child care and child foster care125.26programs until January 1, 2008.125.27    Sec. 12. Minnesota Statutes 2006, section 245C.08, subdivision 1, is amended to read:125.28    Subdivision 1. Background studies conducted by commissioner of human 125.29services. (a) For a background study conducted by the commissioner, the commissioner 125.30shall review:125.31    (1) information related to names of substantiated perpetrators of maltreatment of 125.32vulnerable adults that has been received by the commissioner as required under section 125.33626.557, subdivision 9c
         , paragraph (i);126.1    (2) the commissioner's records relating to the maltreatment of minors in licensed 126.2programs, and from county agency findings of maltreatment of minors as indicated 126.3through the social service information system;126.4    (3) information from juvenile courts as required in subdivision 4 for individuals 126.5listed in section 
         245C.03, subdivision 1, clauses (2), (5), and (6); and126.6    (4) information from the Bureau of Criminal Apprehension.; 126.7    (5) except as provided in clause (6), information from the national crime information 126.8system when the commissioner has reasonable cause as defined under section 245C.05, 126.9subdivision 5; and126.10    (6) for a background study related to a child foster care application for licensure or 126.11adoptions, the commissioner shall also review:126.12    (i) information from the child abuse and neglect registry for any state in which the 126.13background study subject has resided for the past five years; and126.14    (ii) information from national crime information databases, when the background 126.15study object is 18 years of age or older.126.16    (b) Notwithstanding expungement by a court, the commissioner may consider 126.17information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 126.18received notice of the petition for expungement and the court order for expungement is 126.19directed specifically to the commissioner.126.20    Sec. 13. Minnesota Statutes 2006, section 245C.08, subdivision 2, is amended to read:126.21    Subd. 2. Background studies conducted by a county or private agency. (a) For 126.22a background study conducted by a county or private agency for child foster care, adult 126.23foster care, family adult day services, and until January 1, 2008, family child care homes126.24services, the commissioner shall review:126.25    (1) information from the county agency's record of substantiated maltreatment 126.26of adults and the maltreatment of minors;126.27    (2) information from juvenile courts as required in subdivision 4 for individuals 126.28listed in section 
         245C.03, subdivision 1, clauses (2), (5), and (6);126.29    (3) information from the Bureau of Criminal Apprehension; and126.30    (4) arrest and investigative records maintained by the Bureau of Criminal 126.31Apprehension, county attorneys, county sheriffs, courts, county agencies, local police, the 126.32National Criminal Records Repository, and criminal records from other states.126.33    (b) If the individual has resided in the county for less than five years, the study shall 126.34include the records specified under paragraph (a) for the previous county or counties of 126.35residence for the past five years.127.1    (c) Notwithstanding expungement by a court, the county or private agency may 127.2consider information obtained under paragraph (a), clauses (3) and (4), unless the 127.3commissioner received notice of the petition for expungement and the court order for 127.4expungement is directed specifically to the commissioner.127.5    Sec. 14. Minnesota Statutes 2006, section 245C.10, is amended by adding a 127.6subdivision to read:127.7    Subd. 4.Temporary personnel agencies, educational programs, and professional 127.8services agencies.The commissioner shall recover the cost of the background studies 127.9initiated by temporary personnel agencies, educational programs, and professional 127.10services agencies that initiate background studies under section 245C.03, subdivision 4, 127.11through a fee of no more than $20 per study charged to the agency. The fees collected 127.12under this subdivision are appropriated to the commissioner for the purpose of conducting 127.13background studies.127.14    Sec. 15. Minnesota Statutes 2006, section 245C.11, subdivision 1, is amended to read:127.15    Subdivision 1. Adult foster care; criminal conviction data. For individuals who 127.16are required to have background studies under section 
         245C.03, subdivisions 1 and 2, and 127.17who have been continuously affiliated with a an adult foster care provider that is licensed 127.18in more than one county, criminal conviction data may be shared among those counties in 127.19which the adult foster care programs are licensed. A county agency's receipt of criminal 127.20conviction data from another county agency shall meet the criminal data background 127.21study requirements of this chapter. 127.22    Sec. 16. Minnesota Statutes 2006, section 245C.11, subdivision 2, is amended to read:127.23    Subd. 2. Jointly licensed programs. A county agency may accept a background 127.24study completed by the commissioner under this chapter in place of the background study 127.25required under section 
         245A.16, subdivision 3, in programs with joint licensure as home 127.26and community-based services and adult foster care for people with developmental 127.27disabilities when the license holder does not reside in the adult foster care residence and 127.28the subject of the study has been continuously affiliated with the license holder since the 127.29date of the commissioner's study. 127.30    Sec. 17. Minnesota Statutes 2006, section 245C.12, is amended to read:127.31245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.128.1    (a) For the purposes of background studies completed by tribal organizations 128.2performing licensing activities otherwise required of the commissioner under this chapter, 128.3after obtaining consent from the background study subject, tribal licensing agencies shall 128.4have access to criminal history data in the same manner as county licensing agencies and 128.5private licensing agencies under this chapter.128.6    (b) Tribal organizations may contract with the commissioner to obtain background 128.7study data on individuals under tribal jurisdiction related to adoptions according to 128.8section 245C.34. Tribal organizations may also contract with the commissioner to obtain 128.9background study data on individuals under tribal jurisdiction related to child foster care 128.10according to section 245C.34.128.11    Sec. 18. Minnesota Statutes 2006, section 245C.16, subdivision 1, is amended to read:128.12    Subdivision 1. Determining immediate risk of harm. (a) If the commissioner 128.13determines that the individual studied has a disqualifying characteristic, the commissioner 128.14shall review the information immediately available and make a determination as to the 128.15subject's immediate risk of harm to persons served by the program where the individual 128.16studied will have direct contact.128.17    (b) The commissioner shall consider all relevant information available, including the 128.18following factors in determining the immediate risk of harm:128.19    (1) the recency of the disqualifying characteristic;128.20    (2) the recency of discharge from probation for the crimes;128.21    (3) the number of disqualifying characteristics;128.22    (4) the intrusiveness or violence of the disqualifying characteristic;128.23    (5) the vulnerability of the victim involved in the disqualifying characteristic;128.24    (6) the similarity of the victim to the persons served by the program where the 128.25individual studied will have direct contact; and128.26    (7) whether the individual has a disqualification from a previous background study 128.27that has not been set aside.128.28    (c) This section does not apply when the subject of a background study is regulated 128.29by a health-related licensing board as defined in chapter 214, and the subject is determined 128.30to be responsible for substantiated maltreatment under section 
         626.556 or 
         626.557. 128.31    (d) This section does not apply to a background study related to an initial application 128.32for a child foster care license.128.33    (e) If the commissioner has reason to believe, based on arrest information or an 128.34active maltreatment investigation, that an individual poses an imminent risk of harm to 128.35persons receiving services, the commissioner may order that the person be continuously 129.1supervised or immediately removed pending the conclusion of the maltreatment 129.2investigation or criminal proceedings.129.3    Sec. 19. Minnesota Statutes 2006, section 245C.17, is amended by adding a 129.4subdivision to read:129.5    Subd. 5.Notice to county or private agency.For studies on individuals related 129.6to a license to provide child foster care, and beginning January 1, 2008, for family child 129.7care, the commissioner shall also provide a notice of the background study results to the 129.8county or private agency that initiated the background study.129.9    Sec. 20. Minnesota Statutes 2006, section 245C.21, is amended by adding a 129.10subdivision to read:129.11    Subd. 1a.Submission of reconsideration request to county or private agency.129.12    (a) For disqualifications related to studies conducted by county agencies, and for 129.13disqualifications related to studies conducted by the commissioner for child foster care, and 129.14beginning January 1, 2008, for family child care, the individual shall submit the request 129.15for reconsideration to the county or private agency that initiated the background study.129.16    (b) A reconsideration request shall be submitted within 30 days of the individual's 129.17receipt of the disqualification notice or the time frames specified in subdivision 2, 129.18whichever time frame is shorter.129.19    (c) The county or private agency shall forward the individual's request for 129.20reconsideration and provide the commissioner with a recommendation whether to set aside 129.21the individual's disqualification.129.22    Sec. 21. Minnesota Statutes 2006, section 245C.23, subdivision 2, is amended to read:129.23    Subd. 2. Commissioner's notice of disqualification that is not set aside. (a) The 129.24commissioner shall notify the license holder of the disqualification and order the license 129.25holder to immediately remove the individual from any position allowing direct contact 129.26with persons receiving services from the license holder if:129.27    (1) the individual studied does not submit a timely request for reconsideration 129.28under section 
         245C.21;129.29    (2) the individual submits a timely request for reconsideration, but the commissioner 129.30does not set aside the disqualification for that license holder under section 
         245C.22;129.31    (3) an individual who has a right to request a hearing under sections 
         245C.27 and 129.32256.045
         , or 
         245C.28 and chapter 14 for a disqualification that has not been set aside, does 129.33not request a hearing within the specified time; or130.1    (4) an individual submitted a timely request for a hearing under sections 
         245C.27130.2and 
         256.045, or 
         245C.28 and chapter 14, but the commissioner does not set aside the 130.3disqualification under section 
         245A.08, subdivision 5, or 
         256.045.130.4    (b) If the commissioner does not set aside the disqualification under section 
         245C.22, 130.5and the license holder was previously ordered under section 
         245C.17 to immediately 130.6remove the disqualified individual from direct contact with persons receiving services or 130.7to ensure that the individual is under continuous, direct supervision when providing direct 130.8contact services, the order remains in effect pending the outcome of a hearing under 130.9sections 
         245C.27 and 
         256.045, or 
         245C.28 and chapter 14.130.10    (c) For background studies related to child foster care, and beginning January 130.111, 2008, for family child care, the commissioner shall also notify the county or private 130.12agency that initiated the study of the results of the reconsideration.130.13    Sec. 22. [245C.33] ADOPTION BACKGROUND STUDY REQUIREMENTS.130.14    Subdivision 1.Background studies conducted by commissioner.Before 130.15placement of a child for purposes of adoption, the commissioner shall conduct a 130.16background study on individuals listed in section 259.41, subdivision 3, for county 130.17agencies and private agencies licensed to place children for adoption.130.18    Subd. 2.Information and data provided to county or private agency.The subject 130.19of the background study shall provide the information specified in section 245C.05.130.20    Subd. 3.Information and data provided to commissioner.The county or private 130.21agency shall forward the data collected under subdivision 2 to the commissioner.130.22    Subd. 4.Information commissioner reviews.(a) The commissioner shall review 130.23the following information regarding the background study subject:130.24    (1) the information under section 245C.08, subdivisions 1, 3, and 4;130.25    (2) information from the child abuse and neglect registry for any state in which the 130.26subject has resided for the past five years; and130.27    (3) information from national crime information databases, when required under 130.28section 245C.08.130.29    (b) The commissioner shall provide any information collected under this subdivision 130.30to the county or private agency that initiated the background study. The commissioner 130.31shall indicate if the information collected shows that the subject of the background study 130.32has a conviction listed in United States Code, title 42, section 671(a)(20)(A).130.33    Sec. 23. [245C.34] ADOPTION AND CHILD FOSTER CARE BACKGROUND 130.34STUDIES; TRIBAL ORGANIZATIONS.131.1    Subdivision 1.Background studies may be conducted by commissioner.(a) 131.2Tribal organizations may contract with the commissioner under section 245C.12 to obtain 131.3background study data on individuals under tribal jurisdiction related to adoptions.131.4    (b) Tribal organizations may contract with the commissioner under section 245C.12 131.5to obtain background study data on individuals under tribal jurisdiction related to child 131.6foster care.131.7    (c) Background studies initiated by tribal organizations under paragraphs (a) and (b) 131.8must be conducted as provided in subdivisions 2 and 3.131.9    Subd. 2.Information and data provided to tribal organization.The background 131.10study subject must provide the information specified in section 245C.05.131.11    Subd. 3.Information and data provided to commissioner.The tribal organization 131.12shall forward the data collected under subdivision 2 to the commissioner.131.13    Subd. 4.Information commissioner reviews.(a) The commissioner shall review 131.14the following information regarding the background study subject:131.15    (1) the information under section 245C.08, subdivisions 1, 3, and 4;131.16    (2) information from the child abuse and neglect registry for any state in which the 131.17subject has resided for the past five years; and131.18    (3) information from national crime information databases, when required under 131.19section 245C.08.131.20    (b) The commissioner shall provide any information collected under this subdivision 131.21to the tribal organization that initiated the background study. The commissioner shall 131.22indicate if the information collected shows that the subject of the background study has a 131.23conviction listed in United States Code, title 42, section 671(a)(20)(A).131.24    Sec. 24. Minnesota Statutes 2006, section 259.20, subdivision 2, is amended to read:131.25    Subd. 2. Other applicable law.(a) Portions of chapters 245A, 245C, 257, 260, and 131.26317A may also affect the adoption of a particular child. 131.27    (b) Provisions of the Indian Child Welfare Act, United States Code, title 25, chapter 131.2821, sections 1901-1923, may also apply in the adoption of an Indian child, and may 131.29preempt specific provisions of this chapter.131.30    (c) Consistent with section 245C.33 and Public Law 109-248, a completed 131.31background study is required before the approval of any foster or adoptive placement in 131.32a related or an unrelated home.131.33    Sec. 25. Minnesota Statutes 2006, section 259.29, subdivision 1, is amended to read:132.1    Subdivision 1. Best interests of the child. (a) The policy of the state of Minnesota 132.2is to ensure that the best interests of the child are met by requiring individualized 132.3determination of the needs of the child and of how the adoptive placement will serve the 132.4needs of the child.132.5    (b) Among the factors the agency shall consider in determining the needs of the child 132.6are those specified under section 
         260C.193, subdivision 3, paragraph (b).132.7    (c) Except for emergency placements provided for in section 245A.035, a completed 132.8background study is required under section 245C.33 before the approval of an adoptive 132.9placement in a home.132.10    Sec. 26. Minnesota Statutes 2006, section 259.41, is amended to read:132.11259.41 ADOPTION STUDY.132.12    Subdivision 1. Study required before placement; certain relatives excepted. (a) 132.13An approved adoption study; completed background study, as required under section 132.14245C.33; and written report must be completed before the child is placed in a prospective 132.15adoptive home under this chapter, except as allowed by section 
         259.47, subdivision 6. 132.16In an agency placement, the report must be filed with the court at the time the adoption 132.17petition is filed. In a direct adoptive placement, the report must be filed with the court in 132.18support of a motion for temporary preadoptive custody under section 
         259.47, subdivision 132.193
         , or, if the study and report are complete, in support of an emergency order under section 132.20259.47, subdivision 6
         . The study and report shall be completed by a licensed child-placing 132.21agency and must be thorough and comprehensive. The study and report shall be paid for 132.22by the prospective adoptive parent, except as otherwise required under section 
         259.67132.23or 
         259.73. 132.24    (b) A placement for adoption with an individual who is related to the child, as 132.25defined by section 
         245A.02, subdivision 13, is not subject to this section except as required 132.26by section sections 245C.33 and259.53, subdivision 2, paragraph (c). 132.27    (c) In the case of a licensed foster parent seeking to adopt a child who is in the foster 132.28parent's care, any portions of the foster care licensing process that duplicate requirements 132.29of the home study may be submitted in satisfaction of the relevant requirements of this 132.30section.132.31    Subd. 2. Form of study. (a) The adoption study must include at least one in-home 132.32visit with the prospective adoptive parent. At a minimum, the study must include132.33document the following information about the prospective adoptive parent:132.34    (1) a background check study as required by subdivision 3 and section 245C.33, 132.35and including:133.1    (i) an evaluation assessment of the data and information provided by section 133.2245C.33, subdivision 4, to determine if the prospective adoptive parent and any other 133.3person over the age of 13 living in the home has a felony conviction consistent with 133.4subdivision 3 and section 471(a)(2) of the Social Security Act; and133.5    (ii) an assessment of the effect of a any conviction or finding of substantiated 133.6maltreatment on the ability to capacity of the prospective adoptive parent to safely care 133.7for and parent a child;133.8    (2) a medical and social history and assessment of current health;133.9    (3) an assessment of potential parenting skills;133.10    (4) an assessment of ability to provide adequate financial support for a child; and133.11    (5) an assessment of the level of knowledge and awareness of adoption issues 133.12including, where appropriate, matters relating to interracial, cross-cultural, and special 133.13needs adoptions.133.14    (b) The adoption study is the basis for completion of a written report. The report 133.15must be in a format specified by the commissioner and must contain recommendations 133.16regarding the suitability of the subject of the study to be an adoptive parent.133.17    Subd. 3. Background check; affidavit of history study. (a) At the time an adoption 133.18study is commenced, each prospective adoptive parent must:133.19    (1) authorize access by the agency to any private data needed to complete the study;133.20    (2) provide all addresses at which the prospective adoptive parent and anyone in the 133.21household over the age of 13 has resided in the previous five years; and133.22    (3) disclose any names used previously other than the name used at the time of 133.23the study.133.24    (b) When the requirements of paragraph (a) have been met, the agency shall 133.25immediately begin initiate a background check, study under section 245C.33 to be 133.26completed by the commissioner on each person over the age of 13 living in the home, 133.27consisting, at a minimum, of the following:. As required under section 245C.33 and Public 133.28Law 109-248, a completed background study is required before the approval of any foster 133.29or adoptive placement in a related or an unrelated home. The required background study 133.30must be completed as part of the home study.133.31    (1) a check of criminal conviction data with the Bureau of Criminal Apprehension 133.32and local law enforcement authorities;133.33    (2) a check for data on substantiated maltreatment of a child or vulnerable adult 133.34and domestic violence data with local law enforcement and social services agencies and 133.35district courts; and133.36    (3) for those persons under the age of 25, a check of juvenile court records.134.1    Notwithstanding the provisions of section 260B.171 or 260C.171, the Bureau of 134.2Criminal Apprehension, local law enforcement and social services agencies, district courts, 134.3and juvenile courts shall release the requested information to the agency completing 134.4the adoption study.134.5    (c) When paragraph (b) requires checking the data or records of local law 134.6enforcement and social services agencies and district and juvenile courts, the agency 134.7shall check with the law enforcement and social services agencies and courts whose 134.8jurisdictions cover the addresses under paragraph (a), clause (2). In the event that the 134.9agency is unable to complete any of the record checks required by paragraph (b), the 134.10agency shall document the fact and the agency's efforts to obtain the information.134.11    (d) For a study completed under this section, when the agency has reasonable 134.12cause to believe that further information may exist on the prospective adoptive parent or 134.13household member over the age of 13 that may relate to the health, safety, or welfare of 134.14the child, the prospective adoptive parent or household member over the age of 13 shall 134.15provide the agency with a set of classifiable fingerprints obtained from an authorized law 134.16enforcement agency and the agency may obtain criminal history data from the National 134.17Criminal Records Repository by submitting fingerprints to the Bureau of Criminal 134.18Apprehension. The agency has reasonable cause when, but not limited to, the:134.19    (1) information from the Bureau of Criminal Apprehension indicates that the 134.20prospective adoptive parent or household member over the age of 13 is a multistate 134.21offender;134.22    (2) information from the Bureau of Criminal Apprehension indicates that multistate 134.23offender status is undetermined;134.24    (3) the agency has received a report from the prospective adoptive parent or 134.25household member over the age of 13 or a third party indicating that the prospective 134.26adoptive parent or household member over the age of 13 has a criminal history in a 134.27jurisdiction other than Minnesota; or134.28    (4) the prospective adoptive parent or household member over the age of 13 is or has 134.29been a resident of a state other than Minnesota in the prior five years.134.30    (e) At any time prior to completion of the background check required under 134.31paragraph (b), a prospective adoptive parent may submit to the agency conducting the 134.32study a sworn affidavit stating whether they or any person residing in the household have 134.33been convicted of a crime. The affidavit shall also state whether the adoptive parent or any 134.34other person residing in the household is the subject of an open investigation of, or have 134.35been the subject of a substantiated allegation of, child or vulnerable-adult maltreatment 134.36within the past ten years. A complete description of the crime, open investigation, or 135.1substantiated abuse, and a complete description of any sentence, treatment, or disposition 135.2must be included. The affidavit must contain an acknowledgment that if, at any time 135.3before the adoption is final, a court receives evidence leading to a conclusion that a 135.4prospective adoptive parent knowingly gave false information in the affidavit, it shall be 135.5determined that the adoption of the child by the prospective adoptive parent is not in the 135.6best interests of the child.135.7    (f) For the purposes of subdivision 1 and section 259.47, subdivisions 3 and 6, an 135.8adoption study is complete for placement, even though the background checks required by 135.9paragraph (b) have not been completed, if each prospective adoptive parent has completed 135.10the affidavit allowed by paragraph (e) and the other requirements of this section have been 135.11met. The background checks required by paragraph (b) must be completed before an 135.12adoption petition is filed. If an adoption study has been submitted to the court under section 135.13259.47, subdivision 3 or 6, before the background checks required by paragraph (b) were 135.14complete, an updated adoption study report which includes the results of the background 135.15check must be filed with the adoption petition. In the event that an agency is unable to 135.16complete any of the records checks required by paragraph (b), the agency shall submit with 135.17the petition to adopt an affidavit documenting the agency's efforts to complete the checks.135.18    (c) A home study under paragraph (b) used to consider placement of any child 135.19on whose behalf Title IV-E adoption assistance payments are to be made must not be 135.20approved if a background study reveals a felony conviction at any time for:135.21    (1) child abuse or neglect;135.22    (2) spousal abuse;135.23    (3) a crime against children, including child pornography; or135.24    (4) a crime involving violence, including rape, sexual assault, or homicide, but not 135.25including other physical assault or battery.135.26    (d) A home study under paragraph (b) used to consider placement of any child 135.27on whose behalf Title IV-E adoption assistance payments are to be made must not be 135.28approved if a background study reveals a felony conviction within the past five years for:135.29    (1) physical assault or battery; or135.30    (2) a drug-related offense.135.31    Subd. 4. Updates to adoption study; period of validity. An agency may update 135.32an adoption study and report as needed, regardless of when the original study and report 135.33or most recent update was completed. An update must be in a format specified by the 135.34commissioner and must verify the continuing accuracy of the elements of the original 135.35report and document any changes to elements of the original report. An update to a study 135.36and report not originally completed under this section must ensure that the study and 136.1report, as updated, meet the requirements of this section. An adoption study is valid if the 136.2report has been completed or updated within the previous 12 months.136.3    Sec. 27. Minnesota Statutes 2006, section 259.53, subdivision 2, is amended to read:136.4    Subd. 2. Adoption agencies; postplacement assessment and report. (a) The 136.5agency to which the petition has been referred under subdivision 1 shall conduct a 136.6postplacement assessment and file a report with the court within 90 days of receipt 136.7of a copy of the adoption petition. The agency shall send a copy of the report to the 136.8commissioner at the time it files the report with the court. The assessment and report 136.9must evaluate the environment and antecedents of the child to be adopted, the home of 136.10the petitioners, whether placement with the petitioners meets the needs of the child as 136.11described in section 
         259.57, subdivision 2. The report must include a recommendation to 136.12the court as to whether the petition should or should not be granted. 136.13    In making evaluations and recommendations, the postplacement assessment and 136.14report must, at a minimum, address the following:136.15    (1) the level of adaptation by the prospective adoptive parents to parenting the child;136.16    (2) the health and well-being of the child in the prospective adoptive parents' home;136.17    (3) the level of incorporation by the child into the prospective adoptive parents' 136.18home, extended family, and community; and136.19    (4) the level of inclusion of the child's previous history into the prospective adoptive 136.20home, such as cultural or ethnic practices, or contact with former foster parents or 136.21biological relatives.136.22    (b) A postplacement adoption report is valid for 12 months following its date 136.23of completion.136.24    (c) If the petitioner is an individual who is related to the child, as defined by section 136.25245A.02, subdivision 13, the agency, as part of its postplacement assessment and report 136.26under paragraph (a), shall conduct a background check meeting the requirements of 136.27section 259.41, subdivision 3, paragraph (b). The prospective adoptive parent shall 136.28cooperate in the completion of the background check by supplying the information and 136.29authorizations described in section 259.41, subdivision 3, paragraph (a).136.30    (d) (c) If the report recommends that the court not grant the petition to adopt the 136.31child, the provisions of this paragraph apply. Unless the assessment and report were 136.32completed by the local social services agency, the agency completing the report, at the 136.33time it files the report with the court under paragraph (a), must provide a copy of the report 136.34to the local social services agency in the county where the prospective adoptive parent 136.35lives. The agency or local social services agency may recommend that the court dismiss 137.1the petition. If the local social services agency determines that continued placement in the 137.2home endangers the child's physical or emotional health, the agency shall seek a court 137.3order to remove the child from the home.137.4    (e) (d) If, through no fault of the petitioner, the agency to whom the petition was 137.5referred under subdivision 1, paragraph (b), fails to complete the assessment and file the 137.6report within 90 days of the date it received a copy of the adoption petition, the court may 137.7hear the petition upon giving the agency and the local social services agency, if different, 137.8five days' notice by mail of the time and place of the hearing.137.9    Sec. 28. Minnesota Statutes 2006, section 259.57, subdivision 2, is amended to read:137.10    Subd. 2. Protection of child's best interests. (a) The policy of the state of 137.11Minnesota is to ensure that the best interests of children are met by requiring an 137.12individualized determination of the needs of the child and how the adoptive placement 137.13will serve the needs of the child.137.14    (b) Among the factors the court shall consider in determining the needs of the child 137.15are those specified under section 
         260C.193, subdivision 3, paragraph (b). Consistent with 137.16section 245C.33 and Public Law 109-248, a complete background study is required before 137.17the approval of an adoptive placement in a home. 137.18    (c) In reviewing adoptive placement and in determining appropriate adoption, 137.19the court shall consider placement, consistent with the child's best interests and in the 137.20following order, with (1) a relative or relatives of the child, or (2) an important friend with 137.21whom the child has resided or had significant contact. Placement of a child cannot be 137.22delayed or denied based on race, color, or national origin of the adoptive parent or the 137.23child. Whenever possible, siblings should be placed together unless it is determined 137.24not to be in the best interests of a sibling.137.25    (d) If the child's birth parent or parents explicitly request that relatives and important 137.26friends not be considered, the court shall honor that request consistent with the best 137.27interests of the child.137.28    If the child's birth parent or parents express a preference for placing the child in an 137.29adoptive home of the same or a similar religious background to that of the birth parent 137.30or parents, the court shall place the child with a family that also meets the birth parent's 137.31religious preference. Only if no family is available as described in clause (a) or (b) 137.32may the court give preference to a family described in clause (c) that meets the parent's 137.33religious preference.138.1    (e) This subdivision does not affect the Indian Child Welfare Act, United States 138.2Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 138.3Act, sections 
         260.751 to 
         260.835.138.4    Sec. 29. Minnesota Statutes 2006, section 260C.209, is amended to read:138.5260C.209 BACKGROUND CHECKS.138.6    Subdivision 1. Subjects. The responsible social services agency must conduct138.7initiate a background check study to be completed by the commissioner under this section 138.8of chapter 245C on the following individuals:138.9    (1) a noncustodial parent or nonadjudicated parent who is being assessed for 138.10purposes of providing day-to-day care of a child temporarily or permanently under section 138.11260C.212, subdivision 4
         , and any member of the parent's household who is over the age of 138.1213 when there is a reasonable cause to believe that the parent or household member over 138.13age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult 138.14which would endanger the child's health, safety, or welfare;138.15    (2) an individual whose suitability for relative placement under section 
         260C.212, 138.16subdivision 5
         , is being determined and any member of the relative's household who is 138.17over the age of 13 when:138.18    (i) the relative must be licensed for foster care; or138.19    (ii) the agency must conduct a background study is required under section 
         259.53, 138.20subdivision 2
         ; or138.21    (iii) the agency or the commissioner has reasonable cause to believe the relative 138.22or household member over the age of 13 has a criminal history which would not make 138.23transfer of permanent legal and physical custody to the relative under section 
         260C.201, 138.24subdivision 11
         , in the child's best interest; and138.25    (3) a parent, following an out-of-home placement, when the responsible social 138.26services agency has reasonable cause to believe that the parent has been convicted of a 138.27crime directly related to the parent's capacity to maintain the child's health, safety, or 138.28welfare or the parent is the subject of an open investigation of, or has been the subject 138.29of a substantiated allegation of, child or vulnerable-adult maltreatment within the past 138.30ten years.138.31"Reasonable cause" means that the agency has received information or a report from the 138.32subject or a third person that creates an articulable suspicion that the individual has a 138.33history that may pose a risk to the health, safety, or welfare of the child. The information 138.34or report must be specific to the potential subject of the background check and shall not 139.1be based on the race, religion, ethnic background, age, class, or lifestyle of the potential 139.2subject.139.3    Subd. 2. General procedures. (a) When conducting initiating a background check 139.4under subdivision 1, the agency may shall require the individual being assessed to provide 139.5sufficient information to ensure an accurate assessment under this section, including:139.6    (1) the individual's first, middle, and last name and all other names by which the 139.7individual has been known;139.8    (2) home address, zip code, city, county, and state of residence for the past ten five139.9years;139.10    (3) sex;139.11    (4) date of birth; and139.12    (5) driver's license number or state identification number.139.13    (b) When notified by the commissioner or the responsible social services agency that 139.14it is conducting an assessment under this section, the Bureau of Criminal Apprehension, 139.15commissioners of health and human services, law enforcement, and county agencies must 139.16provide the commissioner or the responsible social services agency or county attorney 139.17with the following information on the individual being assessed: criminal history data, 139.18reports about the maltreatment of adults substantiated under section 
         626.557, and reports 139.19of maltreatment of minors substantiated under section 
         626.556.139.20    Subd. 3. Multistate information.(a) For any assessment every background study139.21completed under this section, if the responsible social services agency has reasonable 139.22cause to believe that the individual is a multistate offender, the individual must the subject 139.23of the background study shall provide the responsible social services agency or the 139.24county attorney with a set of classifiable fingerprints obtained from an authorized law 139.25enforcement agency. The responsible social services agency or county attorney may shall 139.26provide the fingerprints to the commissioner, and the commissioner shall obtain criminal 139.27history data from the National Criminal Records Repository by submitting the fingerprints 139.28to the Bureau of Criminal Apprehension.139.29    (b) For purposes of this subdivision, the responsible social services agency has 139.30reasonable cause when, but not limited to:139.31    (1) information from the Bureau of Criminal Apprehension indicates that the 139.32individual is a multistate offender;139.33    (2) information from the Bureau of Criminal Apprehension indicates that multistate 139.34offender status is undetermined;140.1    (3) the social services agency has received a report from the individual or a third 140.2party indicating that the individual has a criminal history in a jurisdiction other than 140.3Minnesota; or140.4    (4) the individual is or has been a resident of a state other than Minnesota at any 140.5time during the prior ten years.140.6    Subd. 4. Notice upon receipt. The responsible social services agency commissioner140.7must provide the subject of the background study with the results of the study as required140.8under this section within 15 business days of receipt or at least 15 days prior to the hearing 140.9at which the results will be presented, whichever comes first. The subject may provide 140.10written information to the agency that the results are incorrect and may provide additional 140.11or clarifying information to the agency and to the court through a party to the proceeding. 140.12This provision does not apply to any background study conducted under chapters 245A 140.13and chapter 245C.140.14    Sec. 30. Minnesota Statutes 2006, section 260C.212, subdivision 2, is amended to read:140.15    Subd. 2. Placement decisions based on best interest of the child. (a) The policy 140.16of the state of Minnesota is to ensure that the child's best interests are met by requiring an 140.17individualized determination of the needs of the child and of how the selected placement 140.18will serve the needs of the child being placed. The authorized child-placing agency shall 140.19place a child, released by court order or by voluntary release by the parent or parents, in 140.20a family foster home selected by considering placement with relatives and important 140.21friends in the following order:140.22    (1) with an individual who is related to the child by blood, marriage, or adoption; or140.23    (2) with an individual who is an important friend with whom the child has resided or 140.24had significant contact.140.25    (b) Among the factors the agency shall consider in determining the needs of the 140.26child are the following:140.27    (1) the child's current functioning and behaviors;140.28    (2) the medical, educational, and developmental needs of the child;140.29    (3) the child's history and past experience;140.30    (4) the child's religious and cultural needs;140.31    (5) the child's connection with a community, school, and church;140.32    (6) the child's interests and talents;140.33    (7) the child's relationship to current caretakers, parents, siblings, and relatives; and141.1    (8) the reasonable preference of the child, if the court, or the child-placing agency 141.2in the case of a voluntary placement, deems the child to be of sufficient age to express 141.3preferences.141.4    (c) Placement of a child cannot be delayed or denied based on race, color, or national 141.5origin of the foster parent or the child.141.6    (d) Siblings should be placed together for foster care and adoption at the earliest 141.7possible time unless it is determined not to be in the best interests of a sibling or unless it 141.8is not possible after appropriate efforts by the responsible social services agency.141.9    (e) Except for emergency placement as provided for in section 245A.035, a 141.10completed background study is required under section 245C.08 before the approval of a 141.11foster placement in a related or unrelated home.141.12    Sec. 31. LICENSING MORATORIUM.141.13    A program operated by a nonpublic school for children 33 months or older is 141.14exempt from the human services licensing requirements in Minnesota Statutes, chapter 141.15245A, until July 1, 2009. Nothing in this section prohibits an already licensed nonpublic 141.16school program from continuing its licensure or a nonpublic school program from seeking 141.17licensure.141.18EFFECTIVE DATE.This moratorium is effective the day following final 141.19enactment.141.20    Sec. 32. ANNUAL LICENSE REVIEW.141.21    The commissioner of human services shall work with counties to determine the cost 141.22and propose an ongoing funding allocation from the general fund to cover the cost to 141.23counties to implement an annual license review for licensed family child care providers. 141.24The commissioner shall solicit input from counties to determine the outcome. The 141.25commissioner shall report to the house and senate committees having jurisdiction over 141.26early childhood programs by January 15, 2008, as to the costs and the funding allocation 141.27recommended for future use.141.28EFFECTIVE DATE.This section is effective the day following final enactment.141.29    Sec. 33. EFFECTIVE DATE.141.30    Changes made to sections in this article related to family child care are effective 141.31January 1, 2008.142.1ARTICLE 4142.2HEALTH CARE POLICY142.3    Section 1. Minnesota Statutes 2006, section 16A.724, subdivision 2, is amended to 142.4read:142.5    Subd. 2. Transfers. (a) Notwithstanding section 
         295.581, to the extent available 142.6resources in the health care access fund exceed expenditures in that fund, effective with142.7for the biennium beginning July 1, 2007, the commissioner of finance shall transfer the 142.8excess funds from the health care access fund to the general fund on June 30 of each year, 142.9provided that the amount transferred in any fiscal biennium shall not exceed $96,000,000.142.10The purpose of this transfer is to meet the rate increase required under Laws 2003, First 142.11Special Session chapter 14, article 13C, section 2, subdivision 6.142.12    (b) For fiscal years 2006 to 2009, MinnesotaCare shall be a forecasted program, and, 142.13if necessary, the commissioner shall reduce these transfers from the health care access 142.14fund to the general fund to meet annual MinnesotaCare expenditures or, if necessary, 142.15transfer sufficient funds from the general fund to the health care access fund to meet 142.16annual MinnesotaCare expenditures.142.17    Sec. 2. [254A.171] INTERVENTION AND ADVOCACY PROGRAM.142.18    Within the limit of money available, the commissioner shall fund voluntary outreach 142.19programs targeted at women who deliver children affected by prenatal alcohol or drug use. 142.20The programs shall help women obtain treatment, stay in recovery, and plan any future 142.21pregnancies. An advocate shall be assigned to each woman in the program to provide 142.22guidance and advice with respect to treatment programs, child safety and parenting, 142.23housing, family planning, and any other personal issues that are barriers to remaining free 142.24of chemical dependency.142.25    Sec. 3. Minnesota Statutes 2006, section 256B.055, subdivision 14, is amended to read:142.26    Subd. 14. Persons detained by law. (a) Medical assistance may be paid for an 142.27inmate of a correctional facility who is conditionally released as authorized under section 142.28241.26
         , 
         244.065, or 
         631.425, if the individual does not require the security of a public 142.29detention facility and is housed in a halfway house or community correction center, or 142.30under house arrest and monitored by electronic surveillance in a residence approved 142.31by the commissioner of corrections, and if the individual meets the other eligibility 142.32requirements of this chapter.143.1    (b) An individual who is enrolled in medical assistance, and who is charged with a 143.2crime and incarcerated for less than 12 months shall be suspended from eligibility at the 143.3time of incarceration until the individual is released. Upon release, medical assistance 143.4eligibility is reinstated without reapplication using a reinstatement process and form, if the 143.5individual is otherwise eligible.143.6    (c) An individual, regardless of age, who is considered an inmate of a public 143.7institution as defined in Code of Federal Regulations, title 42, section 
         435.1009, is not 143.8eligible for medical assistance.143.9    Sec. 4. Minnesota Statutes 2006, section 256B.056, is amended by adding a 143.10subdivision to read:143.11    Subd. 1d.Treatment of certain monetary gifts.The commissioner shall disregard 143.12as income any portion of a monetary gift received by an applicant or enrollee that is 143.13designated to purchase a prosthetic device not covered by insurance, other third-party 143.14payers, or medical assistance.143.15    Sec. 5. Minnesota Statutes 2006, section 256B.0625, subdivision 13c, is amended to 143.16read:143.17    Subd. 13c. Formulary committee. The commissioner, after receiving 143.18recommendations from professional medical associations and professional pharmacy 143.19associations, and consumer groups shall designate a Formulary Committee to carry 143.20out duties as described in subdivisions 13 to 13g. The Formulary Committee shall be 143.21comprised of four licensed physicians actively engaged in the practice of medicine in 143.22Minnesota one of whom must be actively engaged in the treatment of persons with mental 143.23illness; at least three licensed pharmacists actively engaged in the practice of pharmacy 143.24in Minnesota; and one consumer representative; the remainder to be made up of health 143.25care professionals who are licensed in their field and have recognized knowledge in the 143.26clinically appropriate prescribing, dispensing, and monitoring of covered outpatient drugs. 143.27Members of the Formulary Committee shall not be employed by the Department of 143.28Human Services, but the committee shall be staffed by an employee of the department 143.29who shall serve as an ex officio, nonvoting member of the board committee. The 143.30department's medical director shall also serve as an ex officio, nonvoting member for the 143.31committee. Committee members shall serve three-year terms and may be reappointed 143.32by the commissioner. The Formulary Committee shall meet at least quarterly. The 143.33commissioner may require more frequent Formulary Committee meetings as needed. An 144.1honorarium of $100 per meeting and reimbursement for mileage shall be paid to each 144.2committee member in attendance.144.3    Sec. 6. Minnesota Statutes 2006, section 256B.0625, subdivision 13d, is amended to 144.4read:144.5    Subd. 13d. Drug formulary.(a) The commissioner shall establish a drug 144.6formulary. Its establishment and publication shall not be subject to the requirements of the 144.7Administrative Procedure Act, but the Formulary Committee shall review and comment 144.8on the formulary contents.144.9    (b) The formulary shall not include:144.10    (1) drugs or products for which there is no federal funding;144.11    (2) over-the-counter drugs, except as provided in subdivision 13;144.12    (3) drugs used for weight loss, except that medically necessary lipase inhibitors may 144.13be covered for a recipient with type II diabetes;144.14    (4) drugs when used for the treatment of impotence or erectile dysfunction;144.15    (5) drugs for which medical value has not been established; and144.16    (6) drugs from manufacturers who have not signed a rebate agreement with the 144.17Department of Health and Human Services pursuant to section 1927 of title XIX of the 144.18Social Security Act.144.19    (c) If a single-source drug used by at least two percent of the fee-for-service 144.20medical assistance recipients is removed from the formulary due to the failure of the 144.21manufacturer to sign a rebate agreement with the Department of Health and Human 144.22Services, the commissioner shall notify prescribing practitioners within 30 days of 144.23receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a 144.24rebate agreement was not signed.144.25EFFECTIVE DATE.This section is effective the day following final enactment.144.26    Sec. 7. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 144.27subdivision to read:144.28    Subd. 49.Community health worker.(a) Medical assistance covers the care 144.29coordination and patient education services provided by a community health worker if 144.30the community health worker has: 144.31    (1) received a certificate from the Minnesota State Colleges and Universities System 144.32approved community health worker curriculum; or144.33    (2) at least five years of supervised experience with an enrolled physician, registered 144.34nurse, or advanced practice registered nurse.145.1Community health workers eligible for payment under clause (2) must complete the 145.2certification program by January 1, 2010, to continue to be eligible for payment.145.3    (b) Community health workers must work under the supervision of a medical 145.4assistance enrolled physician, registered nurse, or advanced practice registered nurse.145.5    Sec. 8. Minnesota Statutes 2006, section 256L.03, subdivision 5, is amended to read:145.6    Subd. 5. Co-payments and coinsurance. (a) Except as provided in paragraphs (b) 145.7and (c), the MinnesotaCare benefit plan shall include the following co-payments and 145.8coinsurance requirements for all enrollees:145.9    (1) ten percent of the paid charges for inpatient hospital services for adult enrollees, 145.10subject to an annual inpatient out-of-pocket maximum of $1,000 per individual and 145.11$3,000 per family;145.12    (2) $3 per prescription for adult enrollees;145.13    (3) $25 for eyeglasses for adult enrollees;145.14    (4) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an 145.15episode of service which is required because of a recipient's symptoms, diagnosis, or 145.16established illness, and which is delivered in an ambulatory setting by a physician or 145.17physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse, 145.18audiologist, optician, or optometrist; and145.19    (5) $6 for nonemergency visits to a hospital-based emergency room.145.20    (b) Paragraph (a), clause (1), does not apply to parents and relative caretakers of 145.21children under the age of 21 in households with family income equal to or less than 175 145.22percent of the federal poverty guidelines. Paragraph (a), clause (1), does not apply to 145.23parents and relative caretakers of children under the age of 21 in households with family 145.24income greater than 175 percent of the federal poverty guidelines for inpatient hospital 145.25admissions occurring on or after January 1, 2001.145.26    (c) Paragraph (a), clauses (1) to (4), dodoes not apply to pregnant women and 145.27children under the age of 21.145.28    (d) Adult enrollees with family gross income that exceeds 175 percent of the 145.29federal poverty guidelines and who are not pregnant shall be financially responsible for 145.30the coinsurance amount, if applicable, and amounts which exceed the $10,000 inpatient 145.31hospital benefit limit.145.32    (e) When a MinnesotaCare enrollee becomes a member of a prepaid health plan, 145.33or changes from one prepaid health plan to another during a calendar year, any charges 145.34submitted towards the $10,000 annual inpatient benefit limit, and any out-of-pocket 146.1expenses incurred by the enrollee for inpatient services, that were submitted or incurred 146.2prior to enrollment, or prior to the change in health plans, shall be disregarded.146.3    Sec. 9. Minnesota Statutes 2006, section 256L.04, subdivision 12, is amended to read:146.4    Subd. 12. Persons in detention. Beginning January 1, 1999, an applicant residing 146.5in a correctional or detention facility is not eligible for MinnesotaCare. An enrollee 146.6residing in a correctional or detention facility is not eligible at renewal of eligibility under 146.7section 
         256L.05, subdivision 3b 3a.146.8    Sec. 10. Minnesota Statutes 2006, section 256L.17, subdivision 3, is amended to read:146.9    Subd. 3. Documentation. (a) The commissioner of human services shall require 146.10individuals and families, at the time of application or renewal, to indicate on a checkoff 146.11form developed by the commissioner whether they satisfy the MinnesotaCare asset 146.12requirement. This form must include the following or similar language: "To be eligible for 146.13MinnesotaCare, individuals and families must not own net assets in excess of $30,000 146.14for a household of two or more persons or $15,000 for a household of one person, not 146.15including a homestead, household goods and personal effects, assets owned by children, 146.16vehicles used for employment, court-ordered settlements up to $10,000, individual 146.17retirement accounts, and capital and operating assets of a trade or business up to $200,000. 146.18Do you and your household own net assets in excess of these limits?"146.19    (b) The commissioner may require individuals and families to provide any 146.20information the commissioner determines necessary to verify compliance with the asset 146.21requirement, if the commissioner determines that there is reason to believe that an 146.22individual or family has assets that exceed the program limit.146.23ARTICLE 5146.24HEALTH CARE146.25    Section 1. Minnesota Statutes 2006, section 16A.724, subdivision 2, is amended to 146.26read:146.27    Subd. 2. Transfers. (a) Notwithstanding section 
         295.581, to the extent available 146.28resources in the health care access fund exceed expenditures in that fund, effective with146.29for the biennium beginning July 1, 2007, the commissioner of finance shall transfer the 146.30excess funds from the health care access fund to the general fund on June 30 of each year, 146.31provided that the amount transferred in any fiscal biennium shall not exceed $96,000,000.146.32The purpose of this transfer is to meet the rate increase required under Laws 2003, First 146.33Special Session chapter 14, article 13C, section 2, subdivision 6.147.1    (b) For fiscal years 2006 to 2009 2011, MinnesotaCare shall be a forecasted 147.2program, and, if necessary, the commissioner shall reduce these transfers from the health 147.3care access fund to the general fund to meet annual MinnesotaCare expenditures or, if 147.4necessary, transfer sufficient funds from the general fund to the health care access fund to 147.5meet annual MinnesotaCare expenditures.147.6    Sec. 2. [256.962] MINNESOTA HEALTH CARE PROGRAMS OUTREACH.147.7    Subdivision 1.Public awareness and education.The commissioner, in consultation 147.8with community organizations, health plans, and other public entities experienced in 147.9outreach to the uninsured, shall design and implement a statewide campaign to raise public 147.10awareness on the availability of health coverage through medical assistance, general 147.11assistance medical care, and MinnesotaCare and to educate the public on the importance of 147.12obtaining and maintaining health care coverage. The campaign shall include multimedia 147.13messages directed to the general population.147.14    Subd. 2.Outreach grants.(a) The commissioner shall award grants to public and 147.15private organizations, regional collaboratives, and regional health care outreach centers 147.16for outreach activities, including, but not limited to: 147.17    (1) providing information, applications, and assistance in obtaining coverage 147.18through Minnesota public health care programs;147.19    (2) collaborating with public and private entities such as hospitals, providers, health 147.20plans, legal aid offices, pharmacies, insurance agencies, and faith-based organizations to 147.21develop outreach activities and partnerships to ensure the distribution of information 147.22and applications and provide assistance in obtaining coverage through Minnesota health 147.23care programs; and147.24    (3) providing or collaborating with public and private entities to provide multilingual 147.25and culturally specific information and assistance to applicants in areas of high 147.26uninsurance in the state or populations with high rates of uninsurance.147.27    (b) The commissioner shall ensure that all outreach materials are available in 147.28languages other than English.147.29    (c) The commissioner shall establish an outreach trainer program to provide 147.30training to designated individuals from the community and public and private entities on 147.31application assistance in order for these individuals to provide training to others in the 147.32community on an as-needed basis.147.33    Subd. 3. Application and assistance.(a) The Minnesota health care programs 147.34application must be made available at provider offices, local human services agencies, 147.35school districts, public and private elementary schools in which 25 percent or more of 148.1the students receive free or reduced price lunches, community health offices, Women, 148.2Infants and Children (WIC) program sites, Head Start program sites, public housing 148.3councils, child care centers, early childhood education and preschool program sites, legal 148.4aid offices, and libraries. The commissioner shall ensure that applications are available 148.5in languages other than English.148.6    (b) Local human service agencies, hospitals, and health care community clinics 148.7receiving state funds must provide direct assistance in completing the application 148.8form, including the free use of a copy machine and a drop box for applications. These 148.9locations must ensure that the drop box is checked at least weekly and any applications 148.10are submitted to the commissioner. The commissioner shall provide these entities with 148.11an identification number to stamp on each application to identify the entity that provided 148.12assistance. Other locations where applications are required to be available shall either 148.13provide direct assistance in completing the application form or provide information on 148.14where an applicant can receive application assistance.148.15    (c) Counties must offer applications and application assistance when providing 148.16child support collection services.148.17    (d) Local public health agencies and counties that provide immunization clinics must 148.18offer applications and application assistance during these clinics.148.19    (e) The commissioner shall coordinate with the commissioner of health to ensure 148.20that maternal and child health outreach efforts include information on Minnesota health 148.21care programs and application assistance, when needed.148.22    Subd. 4.Statewide toll-free telephone number.The commissioner shall provide 148.23funds for a statewide toll-free telephone number to provide information on public and 148.24private health coverage options and sources of free and low-cost health care. The 148.25statewide telephone number must provide the option of obtaining this information in 148.26languages other than English.148.27    Subd. 5.Incentive program.Beginning January 1, 2008, the commissioner 148.28shall establish an incentive program for organizations that directly identify and assist 148.29potential enrollees in filling out and submitting an application. For each applicant who is 148.30successfully enrolled in MinnesotaCare, medical assistance, or general assistance medical 148.31care, the commissioner shall pay the organization a $25 application assistance bonus. The 148.32organization may provide an applicant a gift certificate or other incentive upon enrollment.148.33    Subd. 6.School districts.(a) At the beginning of each school year, a school district 148.34shall provide information to each student on the availability of health care coverage 148.35through the Minnesota health care programs.149.1    (b) For each child who is determined to be eligible for a free or reduced priced lunch, 149.2the district shall provide the child's family with an application for the Minnesota health 149.3care programs and information on how to obtain application assistance.149.4    (c) A district shall also ensure that applications and information on application 149.5assistance are available at early childhood education sites and public schools located 149.6within the district's jurisdiction. 149.7    (d) Each district shall designate an enrollment specialist to provide application 149.8assistance and follow-up services with families who are eligible for the reduced or free 149.9lunch program or who have indicated an interest in receiving information or an application 149.10for the Minnesota health care program.149.11    (e) Each school district shall provide on their Web site a link to information on how 149.12to obtain an application and application assistance.149.13    Subd. 7.Renewal notice.(a) Beginning December 1, 2007, the commissioner shall 149.14mail a renewal notice to enrollees notifying the enrollees that the enrollees eligibility must 149.15be renewed. A notice shall be sent at least 90 days prior to the renewal date and at least 149.1660 days prior to the renewal date.149.17    (b) For enrollees who are receiving services through managed care plans, the 149.18managed care plan must provide a follow-up renewal call at least 60 days prior to the 149.19enrollees' renewal dates.149.20    (c) The commissioner shall include the end of coverage dates on the monthly rosters 149.21of enrollees provided to managed care organizations.149.22    Subd. 8.MinnesotaCare small employer buy-in option.The commissioner shall 149.23provide information on the small employer buy-in option for MinnesotaCare to insurance 149.24agents and local chambers of commerce.149.25    Sec. 3. [256.963] PRIMARY CARE ACCESS INITIATIVE.149.26    Subdivision 1.Establishment.(a) The commissioner shall award a grant to 149.27implement in Hennepin and Ramsey Counties a Web-based primary care access pilot 149.28project designed as a collaboration between private and public sectors to connect, where 149.29appropriate, a patient with a primary care medical home, and schedule patients into 149.30available community-based appointments as an alternative to nonemergency use of the 149.31hospital emergency room. The grantee must establish a program that diverts patients 149.32presenting at an emergency room for nonemergency care to more appropriate outpatient 149.33settings. The program must refer the patient to an appropriate health care professional 149.34based on the patient's health care needs and situation. The program must provide the 149.35patient with a scheduled appointment that is timely, with an appropriate provider who is 150.1conveniently located. If the patient is uninsured and potentially eligible for a Minnesota 150.2health care program, the program must connect the patient to a primary care provider, 150.3community clinic, or agency that can assist the patient with the application process. The 150.4program must also ensure that discharged patients are connected with a community-based 150.5primary care provider and assist in scheduling any necessary follow-up visits before 150.6the patient is discharged.150.7    (b) The program must not require a provider to pay a fee for accepting charity care 150.8patients or patients enrolled in a Minnesota public health care program.150.9    Subd. 2.Evaluation.(a) The grantee must report to the commissioner on a quarterly 150.10basis the following information:150.11    (1) the total number of appointments available for scheduling by specialty;150.12    (2) the average length of time between scheduling and actual appointment;  150.13    (3) the total number of patients referred and whether the patient was insured or 150.14uninsured; and150.15    (4) the total number of appointments resulting in visits completed and number of 150.16patients continuing services with the referring clinic.150.17    (b) The commissioner, in consultation with the Minnesota Hospital Association, 150.18shall conduct an evaluation of the emergency room diversion pilot project and submit the 150.19results to the legislature by January 15, 2009. The evaluation shall compare the number of 150.20nonemergency visits and repeat visits to hospital emergency rooms for the period before 150.21the commencement of the project and one year after the commencement, and an estimate 150.22of the costs saved from any documented reductions.150.23    Sec. 4. Minnesota Statutes 2006, section 256.969, subdivision 3a, is amended to read:150.24    Subd. 3a. Payments. (a) Acute care hospital billings under the medical 150.25assistance program must not be submitted until the recipient is discharged. However, 150.26the commissioner shall establish monthly interim payments for inpatient hospitals that 150.27have individual patient lengths of stay over 30 days regardless of diagnostic category. 150.28Except as provided in section 
         256.9693, medical assistance reimbursement for treatment 150.29of mental illness shall be reimbursed based on diagnostic classifications. Individual 150.30hospital payments established under this section and sections 
         256.9685, 
         256.9686, and 150.31256.9695
         , in addition to third party and recipient liability, for discharges occurring during 150.32the rate year shall not exceed, in aggregate, the charges for the medical assistance covered 150.33inpatient services paid for the same period of time to the hospital. This payment limitation 150.34shall be calculated separately for medical assistance and general assistance medical 150.35care services. The limitation on general assistance medical care shall be effective for 151.1admissions occurring on or after July 1, 1991. Services that have rates established under 151.2subdivision 11 or 12, must be limited separately from other services. After consulting with 151.3the affected hospitals, the commissioner may consider related hospitals one entity and 151.4may merge the payment rates while maintaining separate provider numbers. The operating 151.5and property base rates per admission or per day shall be derived from the best Medicare 151.6and claims data available when rates are established. The commissioner shall determine 151.7the best Medicare and claims data, taking into consideration variables of recency of the 151.8data, audit disposition, settlement status, and the ability to set rates in a timely manner. 151.9The commissioner shall notify hospitals of payment rates by December 1 of the year 151.10preceding the rate year. The rate setting data must reflect the admissions data used to 151.11establish relative values. Base year changes from 1981 to the base year established for the 151.12rate year beginning January 1, 1991, and for subsequent rate years, shall not be limited 151.13to the limits ending June 30, 1987, on the maximum rate of increase under subdivision 151.141. The commissioner may adjust base year cost, relative value, and case mix index data 151.15to exclude the costs of services that have been discontinued by the October 1 of the year 151.16preceding the rate year or that are paid separately from inpatient services. Inpatient stays 151.17that encompass portions of two or more rate years shall have payments established based 151.18on payment rates in effect at the time of admission unless the date of admission preceded 151.19the rate year in effect by six months or more. In this case, operating payment rates for 151.20services rendered during the rate year in effect and established based on the date of 151.21admission shall be adjusted to the rate year in effect by the hospital cost index.151.22    (b) For fee-for-service admissions occurring on or after July 1, 2002, the total 151.23payment, before third-party liability and spenddown, made to hospitals for inpatient 151.24services is reduced by .5 percent from the current statutory rates.151.25    (c) In addition to the reduction in paragraph (b), the total payment for fee-for-service 151.26admissions occurring on or after July 1, 2003, made to hospitals for inpatient services 151.27before third-party liability and spenddown, is reduced five percent from the current 151.28statutory rates. Mental health services within diagnosis related groups 424 to 432, and151.29facilities defined under subdivision 16, and, effective for admissions occurring on or after 151.30July 1, 2007, a long-term hospital as designated by the Medicare program that is located in 151.31a city of the first class as defined in section 410.01, are excluded from this paragraph.151.32    (d) In addition to the reduction in paragraphs (b) and (c), the total payment for 151.33fee-for-service admissions occurring on or after July 1, 2005, made to hospitals for 151.34inpatient services before third-party liability and spenddown, is reduced 6.0 percent from 151.35the current statutory rates. Mental health services within diagnosis related groups 424 to 151.36432 and, facilities defined under subdivision 16, and, effective for admissions occurring 152.1on or after July 1, 2007, a long-term hospital as designated by the Medicare program 152.2that is located in a city of the first class as defined in section 410.01, are excluded from 152.3this paragraph. Notwithstanding section 
         256.9686, subdivision 7, for purposes of this 152.4paragraph, medical assistance does not include general assistance medical care. Payments 152.5made to managed care plans shall be reduced for services provided on or after January 152.61, 2006, to reflect this reduction.152.7    Sec. 5. Minnesota Statutes 2006, section 256.969, subdivision 9, is amended to read:152.8    Subd. 9. Disproportionate numbers of low-income patients served. (a) For 152.9admissions occurring on or after October 1, 1992, through December 31, 1992, the 152.10medical assistance disproportionate population adjustment shall comply with federal law 152.11and shall be paid to a hospital, excluding regional treatment centers and facilities of the 152.12federal Indian Health Service, with a medical assistance inpatient utilization rate in excess 152.13of the arithmetic mean. The adjustment must be determined as follows:152.14    (1) for a hospital with a medical assistance inpatient utilization rate above the 152.15arithmetic mean for all hospitals excluding regional treatment centers and facilities of the 152.16federal Indian Health Service but less than or equal to one standard deviation above the 152.17mean, the adjustment must be determined by multiplying the total of the operating and 152.18property payment rates by the difference between the hospital's actual medical assistance 152.19inpatient utilization rate and the arithmetic mean for all hospitals excluding regional 152.20treatment centers and facilities of the federal Indian Health Service; and152.21    (2) for a hospital with a medical assistance inpatient utilization rate above one 152.22standard deviation above the mean, the adjustment must be determined by multiplying 152.23the adjustment that would be determined under clause (1) for that hospital by 1.1. If 152.24federal matching funds are not available for all adjustments under this subdivision, the 152.25commissioner shall reduce payments on a pro rata basis so that all adjustments qualify for 152.26federal match. The commissioner may establish a separate disproportionate population 152.27operating payment rate adjustment under the general assistance medical care program. 152.28For purposes of this subdivision medical assistance does not include general assistance 152.29medical care. The commissioner shall report annually on the number of hospitals likely to 152.30receive the adjustment authorized by this paragraph. The commissioner shall specifically 152.31report on the adjustments received by public hospitals and public hospital corporations 152.32located in cities of the first class.152.33    (b) For admissions occurring on or after July 1, 1993, the medical assistance 152.34disproportionate population adjustment shall comply with federal law and shall be paid to 152.35a hospital, excluding regional treatment centers and facilities of the federal Indian Health 153.1Service, with a medical assistance inpatient utilization rate in excess of the arithmetic 153.2mean. The adjustment must be determined as follows:153.3    (1) for a hospital with a medical assistance inpatient utilization rate above the 153.4arithmetic mean for all hospitals excluding regional treatment centers and facilities of the 153.5federal Indian Health Service but less than or equal to one standard deviation above the 153.6mean, the adjustment must be determined by multiplying the total of the operating and 153.7property payment rates by the difference between the hospital's actual medical assistance 153.8inpatient utilization rate and the arithmetic mean for all hospitals excluding regional 153.9treatment centers and facilities of the federal Indian Health Service;153.10    (2) for a hospital with a medical assistance inpatient utilization rate above one 153.11standard deviation above the mean, the adjustment must be determined by multiplying 153.12the adjustment that would be determined under clause (1) for that hospital by 1.1. The 153.13commissioner may establish a separate disproportionate population operating payment 153.14rate adjustment under the general assistance medical care program. For purposes of this 153.15subdivision, medical assistance does not include general assistance medical care. The 153.16commissioner shall report annually on the number of hospitals likely to receive the 153.17adjustment authorized by this paragraph. The commissioner shall specifically report on 153.18the adjustments received by public hospitals and public hospital corporations located 153.19in cities of the first class;153.20    (3) for a hospital that had medical assistance fee-for-service payment volume during 153.21calendar year 1991 in excess of 13 percent of total medical assistance fee-for-service 153.22payment volume, a medical assistance disproportionate population adjustment shall be 153.23paid in addition to any other disproportionate payment due under this subdivision as 153.24follows: $1,515,000 due on the 15th of each month after noon, beginning July 15, 1995. 153.25For a hospital that had medical assistance fee-for-service payment volume during calendar 153.26year 1991 in excess of eight percent of total medical assistance fee-for-service payment 153.27volume and was the primary hospital affiliated with the University of Minnesota, a 153.28medical assistance disproportionate population adjustment shall be paid in addition to any 153.29other disproportionate payment due under this subdivision as follows: $505,000 due on 153.30the 15th of each month after noon, beginning July 15, 1995; and153.31    (4) effective August 1, 2005, the payments in paragraph (b), clause (3), shall be 153.32reduced to zero.153.33    (c) The commissioner shall adjust rates paid to a health maintenance organization 153.34under contract with the commissioner to reflect rate increases provided in paragraph (b), 153.35clauses (1) and (2), on a nondiscounted hospital-specific basis but shall not adjust those 153.36rates to reflect payments provided in clause (3).154.1    (d) If federal matching funds are not available for all adjustments under paragraph 154.2(b), the commissioner shall reduce payments under paragraph (b), clauses (1) and (2), on a 154.3pro rata basis so that all adjustments under paragraph (b) qualify for federal match.154.4    (e) For purposes of this subdivision, medical assistance does not include general 154.5assistance medical care.154.6    (f) For hospital services occurring on or after July 1, 2005, to June 30, 2007, :154.7    (1) general assistance medical care expenditures for fee-for-service inpatient 154.8and outpatient hospital payments made by the department and by prepaid health 154.9plans participating in general assistance medical care shall be considered Medicaid 154.10disproportionate share hospital payments, except as limited below:154.11    (1) (i) only the portion of Minnesota's disproportionate share hospital allotment 154.12under section 1923(f) of the Social Security Act that is not spent on the disproportionate 154.13population adjustments in paragraph (b), clauses (1) and (2), may be used for general 154.14assistance medical care expenditures;154.15    (2) (ii) only those general assistance medical care expenditures made to hospitals that 154.16qualify for disproportionate share payments under section 1923 of the Social Security Act 154.17and the Medicaid state plan may be considered disproportionate share hospital payments;154.18    (3) (iii) only those general assistance medical care expenditures made to an 154.19individual hospital that would not cause the hospital to exceed its individual hospital limits 154.20under section 1923 of the Social Security Act may be considered; and154.21    (4) (iv) general assistance medical care expenditures may be considered only to the 154.22extent of Minnesota's aggregate allotment under section 1923 of the Social Security Act.154.23All hospitals and prepaid health plans participating in general assistance medical care 154.24must provide any necessary expenditure, cost, and revenue information required by the 154.25commissioner as necessary for purposes of obtaining federal Medicaid matching funds for 154.26general assistance medical care expenditures; and154.27    (2) certified public expenditures made by Hennepin County Medical Center shall 154.28be considered Medicaid disproportionate share hospital payments. Hennepin County 154.29and Hennepin County Medical Center shall report by June 15, 2007, on payments made 154.30beginning July 1, 2005, or another date specified by the commissioner, that may qualify 154.31for reimbursement under federal law. Based on these reports, the commissioner shall 154.32apply for federal matching funds.154.33    (g) Upon federal approval of the related state plan amendment, paragraph (f) is 154.34effective retroactively from July 1, 2005, or the earliest effective date approved by the 154.35Centers for Medicare and Medicaid Services.155.1EFFECTIVE DATE.This section is effective retroactively from July 1, 2005.155.2    Sec. 6. Minnesota Statutes 2006, section 256.969, subdivision 27, is amended to read:155.3    Subd. 27. Quarterly payment adjustment. (a) In addition to any other payment 155.4under this section, the commissioner shall make the following payments effective July 155.51, 2007:155.6    (1) for a hospital located in Minnesota and not eligible for payments under 155.7subdivision 20, with a medical assistance inpatient utilization rate greater than 17.8 155.8percent of total patient days as of the base year in effect on July 1, 2005, a payment equal 155.9to 13 percent of the total of the operating and property payment rates;155.10    (2) for a hospital located in Minnesota in a specified urban area outside of the 155.11seven-county metropolitan area and not eligible for payments under subdivision 20, with 155.12a medical assistance inpatient utilization rate less than or equal to 17.8 percent of total 155.13patient days as of the base year in effect on July 1, 2005, a payment equal to ten percent 155.14of the total of the operating and property payment rates. For purposes of this clause, the 155.15following cities are specified urban areas: Detroit Lakes, Rochester, Willmar, Alexandria, 155.16Austin, Cambridge, Brainerd, Hibbing, Mankato, Duluth, St. Cloud, Grand Rapids, 155.17Wyoming, Fergus Falls, Albert Lea, Winona, Virginia, Thief River Falls, and Wadena; and155.18    (3) for a hospital located in Minnesota but not located in a specified urban area under 155.19clause (2), with a medical assistance inpatient utilization rate less than or equal to 17.8 155.20percent of total patient days as of the base year in effect on July 1, 2005, a payment equal to 155.21four percent of the total of the operating and property payment rates. A hospital located in 155.22Woodbury and not in existence during the base year shall be reimbursed under this clause.155.23    (b) The state share of payments under paragraph (a) shall be equal to federal 155.24reimbursements to the commissioner to reimburse nonstate expenditures reported under 155.25section 
         256B.199. The commissioner shall ratably reduce or increase payments under this 155.26subdivision in order to ensure that these payments equal the amount of reimbursement 155.27received by the commissioner under section 
         256B.199, except that payments shall be 155.28ratably reduced by an amount equivalent to the state share of a four percent reduction in 155.29MinnesotaCare and medical assistance payments for inpatient hospital services. Effective 155.30July 1, 2009, the ratable reduction shall be equivalent to the state share of a three percent 155.31reduction in these payments.155.32    (c) The payments under paragraph (a) shall be paid quarterly based on each hospital's 155.33operating and property payments from the second previous quarter, beginning on July 155.3415, 2007, or upon federal approval of federal reimbursements under section 
         256B.199, 155.35whichever occurs later.156.1    (d) The commissioner shall not adjust rates paid to a prepaid health plan under 156.2contract with the commissioner to reflect payments provided in paragraph (a).156.3    (e) The commissioner shall maximize the use of available federal money for 156.4disproportionate share hospital payments and shall maximize payments to qualifying 156.5hospitals. In order to accomplish these purposes, the commissioner may, in consultation 156.6with the nonstate entities identified in section 
         256B.199, adjust, on a pro rata basis 156.7if feasible, the amounts reported by nonstate entities under section 
         256B.199 when 156.8application for reimbursement is made to the federal government, and otherwise adjust 156.9the provisions of this subdivision. The commissioner shall utilize a settlement process 156.10based on finalized data to maximize revenue under section 256B.199 and payments 156.11under this section.156.12    (f) By January 15 of each year, beginning January 15, 2006, the commissioner 156.13shall report to the chairs of the house and senate finance committees and divisions with 156.14jurisdiction over funding for the Department of Human Services the following estimates 156.15for the current and upcoming federal and state fiscal years:156.16    (1) the difference between the Medicare upper payment limit and actual or 156.17anticipated medical assistance payments for hospital services;156.18    (2) the amount of federal disproportionate share hospital funding available to 156.19Minnesota and the amount expected to be claimed by the state; and156.20    (3) the methodology used to calculate the results reported for clauses (1) and (2).156.21    (g) For purposes of this subdivision, medical assistance does not include general 156.22assistance medical care.156.23    (h) This section sunsets on June 30, 2009. The commissioner shall report to 156.24the legislature by December 15, 2008, with recommendations for maximizing federal 156.25disproportionate share hospital payments after June 30, 2009.156.26    Sec. 7. Minnesota Statutes 2006, section 256.969, is amended by adding a subdivision 156.27to read:156.28    Subd. 28.Long-term hospital payment adjustment.For admissions occurring on 156.29or after July 1, 2007, the commissioner shall increase the medical assistance payments 156.30to a long-term hospital with a medical assistance inpatient utilization rate of 17.95 156.31percent of total patient days as of the base year in effect on July 1, 2005, by an amount 156.32equal to 13 percent of the total of the operating and property payment rates. Payments 156.33made to managed care plans shall not reflect this payment increase. For purposes of 156.34this subdivision, medical assistance does not include general assistance medical care. 157.1Payments to a hospital under this subdivision shall be reduced by the amount of any 157.2payments made under subdivision 27. 157.3    Sec. 8. Minnesota Statutes 2006, section 256B.04, subdivision 14, is amended to read:157.4    Subd. 14. Competitive bidding. (a) When determined to be effective, economical, 157.5and feasible, the commissioner may utilize volume purchase through competitive bidding 157.6and negotiation under the provisions of chapter 16C, to provide items under the medical 157.7assistance program including but not limited to the following:157.8    (1) eyeglasses;157.9    (2) oxygen. The commissioner shall provide for oxygen needed in an emergency 157.10situation on a short-term basis, until the vendor can obtain the necessary supply from 157.11the contract dealer;157.12    (3) hearing aids and supplies; and157.13    (4) durable medical equipment, including but not limited to:157.14    (i) hospital beds;157.15    (ii) commodes;157.16    (iii) glide-about chairs;157.17    (iv) patient lift apparatus;157.18    (v) wheelchairs and accessories;157.19    (vi) oxygen administration equipment;157.20    (vii) respiratory therapy equipment;157.21    (viii) electronic diagnostic, therapeutic and life support systems;157.22    (5) specialnonemergency medical transportation services level of need 157.23determinations, disbursement of public transportation passes and tokens, and volunteer 157.24and recipient mileage and parking reimbursements; and157.25    (6) drugs.157.26    (b) Rate changes under this chapter and chapters 256D and 256L do not affect 157.27contract payments under this subdivision unless specifically identified.157.28    (c) The commissioner may not utilize volume purchase through competitive bidding 157.29and negotiation for special transportation services under the provisions of chapter 16C.157.30    Sec. 9. Minnesota Statutes 2006, section 256B.04, is amended by adding a subdivision 157.31to read:157.32    Subd. 14a.Level of need determination.Nonemergency medical transportation 157.33level of need determinations must be performed by a physician, a registered nurse working 157.34under direct supervision of a physician, a physician's assistant, a nurse practitioner, a 158.1licensed practical nurse, or a discharge planner. Nonemergency medical transportation 158.2level of need determinations must not be performed more than semiannually on any 158.3individual, unless the individual's circumstances have sufficiently changed so as to require 158.4a new level of need determination. Individuals residing in licensed nursing facilities are 158.5exempt from a level of need determination and are eligible for special transportation 158.6services until the individual no longer resides in a licensed nursing facility. If a person 158.7authorized by this subdivision to perform a level of need determination determines that an 158.8individual requires stretcher transportation, the individual is presumed to maintain that 158.9level of need until otherwise determined by a person authorized to perform a level of need 158.10determination, or for six months, whichever is sooner.158.11    Sec. 10. Minnesota Statutes 2006, section 256B.056, subdivision 10, is amended to 158.12read:158.13    Subd. 10. Eligibility verification. (a) The commissioner shall require women who 158.14are applying for the continuation of medical assistance coverage following the end of the 158.1560-day postpartum period to update their income and asset information and to submit 158.16any required income or asset verification.158.17    (b) The commissioner shall determine the eligibility of private-sector health care 158.18coverage for infants less than one year of age eligible under section 
         256B.055, subdivision 158.1910
         , or 
         256B.057, subdivision 1, paragraph (d), and shall pay for private-sector coverage 158.20if this is determined to be cost-effective.158.21    (c) The commissioner shall modify the application for Minnesota health care 158.22programs to require more detailed information related to verification of assets and income, 158.23and shall verify assets and income for all applicants, and for all recipients upon renewal.158.24    (d) The commissioner shall require Minnesota health care program recipients to 158.25report new or an increase in earned income within ten days of the change, and to verify new 158.26or an increase in earned income that affects eligibility within ten days of notification by 158.27the agency that the new or increased earned income affects eligibility. Recipients who fail 158.28to verify new or an increase in earned income that affects eligibility shall be disenrolled.158.29    Sec. 11. Minnesota Statutes 2006, section 256B.0625, subdivision 3f, is amended to 158.30read:158.31    Subd. 3f. Circumcision for newborns.Newborn Circumcision is not covered, 158.32unless the procedure is medically necessary or required because of a well-established 158.33religious practice.159.1    Sec. 12. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 159.2subdivision to read:159.3    Subd. 13i.Medicare Part D.Notwithstanding subdivision 13, paragraph (d), for 159.4recipients who are enrolled in a Medicare Part D prescription drug plan or Medicare 159.5Advantage special needs plan, medical assistance covers co-payments which the recipient 159.6is responsible for under a Medicare Part D prescription drug plan or Medicare Advantage 159.7special needs plan, once the recipient has paid $12 per month in prescription drug 159.8co-payments, and according to the requirements of the plan.159.9EFFECTIVE DATE.This section is effective January 1, 2008, or upon federal 159.10approval, whichever is later.159.11    Sec. 13. Minnesota Statutes 2006, section 256B.0631, subdivision 1, is amended to 159.12read:159.13    Subdivision 1. Co-payments. (a) Except as provided in subdivision 2, the medical 159.14assistance benefit plan shall include the following co-payments for all recipients, effective 159.15for services provided on or after October 1, 2003, and before January 1, 2008:159.16    (1) $3 per nonpreventive visit. For purposes of this subdivision, a visit means an 159.17episode of service which is required because of a recipient's symptoms, diagnosis, or 159.18established illness, and which is delivered in an ambulatory setting by a physician or 159.19physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse, 159.20audiologist, optician, or optometrist;159.21    (2) $3 for eyeglasses;159.22    (3) $6 for nonemergency visits to a hospital-based emergency room; and159.23    (4) $3 per brand-name drug prescription and $1 per generic drug prescription, 159.24subject to a $12 per month maximum for prescription drug co-payments. No co-payments 159.25shall apply to antipsychotic drugs when used for the treatment of mental illness.159.26    (b) Except as provided in subdivision 2, the medical assistance benefit plan shall 159.27include the following co-payments for all recipients, effective for services provided on 159.28or after January 1, 2008:159.29    (1) $6 for nonemergency visits to a hospital-based emergency room; and159.30    (2) $3 per brand-name drug prescription and $1 per generic drug prescription, 159.31subject to a $7 per month maximum for prescription drug co-payments. No co-payments 159.32shall apply to antipsychotic drugs when used for the treatment of mental illness.159.33    (c) Recipients of medical assistance are responsible for all co-payments in this 159.34subdivision.160.1    Sec. 14. Minnesota Statutes 2006, section 256B.0631, subdivision 3, is amended to 160.2read:160.3    Subd. 3. Collection.(a) The medical assistance reimbursement to the provider shall 160.4be reduced by the amount of the co-payment, except that reimbursement for prescription 160.5drugs shall not be reduced once a recipient has reached the $12 per month maximum or 160.6the $7 per month maximum effective January 1, 2008, for prescription drug co-payments. 160.7    (b) The provider collects the co-payment from the recipient. Providers may not 160.8deny services to recipients who are unable to pay the co-payment, except as provided in 160.9subdivision 4.160.10    (c) Medical assistance reimbursement to fee-for-service providers and payments to 160.11managed care plans shall not be increased as a result of the removal of the co-payments 160.12effective January 1, 2008.160.13    Sec. 15. Minnesota Statutes 2006, section 256B.0644, is amended to read:160.14256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE 160.15PROGRAMS.160.16    (a) A vendor of medical care, as defined in section 
         256B.02, subdivision 7, and a 160.17health maintenance organization, as defined in chapter 62D, must participate as a provider 160.18or contractor in the medical assistance program, general assistance medical care program, 160.19and MinnesotaCare as a condition of participating as a provider in health insurance plans 160.20and programs or contractor for state employees established under section 
         43A.18, the 160.21public employees insurance program under section 
         43A.316, for health insurance plans 160.22offered to local statutory or home rule charter city, county, and school district employees, 160.23the workers' compensation system under section 
         176.135, and insurance plans provided 160.24through the Minnesota Comprehensive Health Association under sections 
         62E.01 to 160.2562E.19
         . The limitations on insurance plans offered to local government employees shall 160.26not be applicable in geographic areas where provider participation is limited by managed 160.27care contracts with the Department of Human Services. 160.28    (b) For providers other than health maintenance organizations, participation in the 160.29medical assistance program means that:160.30     (1) the provider accepts new medical assistance, general assistance medical care, 160.31and MinnesotaCare patients or;160.32    (2) for providers other than dental service providers, at least 20 percent of the 160.33provider's patients are covered by medical assistance, general assistance medical care, and 160.34MinnesotaCare as their primary source of coverage, or; or161.1    (3) for dental service providers, at least ten percent of the provider's patients are 161.2covered by medical assistance, general assistance medical care, and MinnesotaCare as 161.3their primary source of coverage, or the provider accepts new medical assistance and 161.4MinnesotaCare patients who are children with special health care needs. For purposes 161.5of this section, "children with special health care needs" means children up to age 18 161.6who: (i) require health and related services beyond that required by children generally; 161.7and (ii) have or are at risk for a chronic physical, developmental, behavioral, or emotional 161.8condition, including: bleeding and coagulation disorders; immunodeficiency disorders; 161.9cancer; endocrinopathy; developmental disabilities; epilepsy, cerebral palsy, and other 161.10neurological diseases; visual impairment or deafness; Down syndrome and other genetic 161.11disorders; autism; fetal alcohol syndrome; and other conditions designated by the 161.12commissioner after consultation with representatives of pediatric dental providers and 161.13consumers. 161.14    (c) Patients seen on a volunteer basis by the provider at a location other than the 161.15provider's usual place of practice may be considered in meeting this the participation 161.16requirement in this section. The commissioner shall establish participation requirements 161.17for health maintenance organizations. The commissioner shall provide lists of 161.18participating medical assistance providers on a quarterly basis to the commissioner of 161.19employee relations, the commissioner of labor and industry, and the commissioner of 161.20commerce. Each of the commissioners shall develop and implement procedures to exclude 161.21as participating providers in the program or programs under their jurisdiction those 161.22providers who do not participate in the medical assistance program. The commissioner 161.23of employee relations shall implement this section through contracts with participating 161.24health and dental carriers. 161.25    Sec. 16. Minnesota Statutes 2006, section 256B.199, is amended to read:161.26256B.199 PAYMENTS REPORTED BY GOVERNMENTAL ENTITIES.161.27    (a) Effective July 1, 2007, the commissioner shall apply for federal matching funds 161.28for the expenditures in paragraphs (b) and (c).161.29    (b) The commissioner shall apply for federal matching funds for certified public 161.30expenditures as follows:161.31     (1) Hennepin County, Hennepin County Medical Center, Ramsey County, Regions 161.32Hospital, the University of Minnesota, and Fairview-University Medical Center shall 161.33report quarterly to the commissioner beginning June 1, 2007, payments made during the 161.34second previous quarter that may qualify for reimbursement under federal law.;162.1    (b) (2)  based on these reports, the commissioner shall apply for federal matching 162.2funds. These funds are appropriated to the commissioner for the payments under section 162.3256.969, subdivision 27
         .; and162.4    (c) (3) by May 1 of each year, beginning May 1, 2007, the commissioner shall inform 162.5the nonstate entities listed in paragraph (a) of the amount of federal disproportionate share 162.6hospital payment money expected to be available in the current federal fiscal year.162.7    (c) The commissioner shall apply for federal matching funds for general assistance 162.8medical care expenditures as follows:162.9    (1) for hospital services occurring on or after July 1, 2007, general assistance medical 162.10care expenditures for fee-for-service inpatient and outpatient hospital payments made by 162.11the department shall be used to apply for federal matching funds, except as limited below:162.12    (i) only those general assistance medical care expenditures made to an individual 162.13hospital that would not cause the hospital to exceed its individual hospital limits under 162.14section 1923 of the Social Security Act may be considered; and162.15    (ii) general assistance medical care expenditures may be considered only to the extent 162.16of Minnesota's aggregate allotment under section 1923 of the Social Security Act; and162.17    (2) all hospitals must provide any necessary expenditure, cost, and revenue 162.18information required by the commissioner as necessary for purposes of obtaining federal 162.19Medicaid matching funds for general assistance medical care expenditures.162.20    (d) This section sunsets on June 30, 2009. The commissioner shall report to 162.21the legislature by December 15, 2008, with recommendations for maximizing federal 162.22disproportionate share hospital payments after June 30, 2009.162.23EFFECTIVE DATE.This section is effective the day following final enactment.162.24    Sec. 17. Minnesota Statutes 2006, section 256B.75, is amended to read:162.25256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.162.26    (a) For outpatient hospital facility fee payments for services rendered on or after 162.27October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted 162.28charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those 162.29services for which there is a federal maximum allowable payment. Effective for services 162.30rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital 162.31facility fees and emergency room facility fees shall be increased by eight percent over the 162.32rates in effect on December 31, 1999, except for those services for which there is a federal 162.33maximum allowable payment. Services for which there is a federal maximum allowable 162.34payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum 163.1allowable payment. Total aggregate payment for outpatient hospital facility fee services 163.2shall not exceed the Medicare upper limit. If it is determined that a provision of this 163.3section conflicts with existing or future requirements of the United States government with 163.4respect to federal financial participation in medical assistance, the federal requirements 163.5prevail. The commissioner may, in the aggregate, prospectively reduce payment rates to 163.6avoid reduced federal financial participation resulting from rates that are in excess of 163.7the Medicare upper limitations.163.8    (b) Notwithstanding paragraph (a), payment for outpatient, emergency, and 163.9ambulatory surgery hospital facility fee services for critical access hospitals designated 163.10under section 
         144.1483, clause (10), shall be paid on a cost-based payment system that is 163.11based on the cost-finding methods and allowable costs of the Medicare program. Effective 163.12for services provided on or after July 1, 2007, a children's hospital that was formerly 163.13a state hospital must be paid for the services in this paragraph using the methodology 163.14established for critical access hospitals at a rate equal to 71 percent of allowable costs. 163.15    (c) Effective for services provided on or after July 1, 2003, rates that are based 163.16on the Medicare outpatient prospective payment system shall be replaced by a budget 163.17neutral prospective payment system that is derived using medical assistance data. The 163.18commissioner shall provide a proposal to the 2003 legislature to define and implement 163.19this provision.163.20    (d) For fee-for-service services provided on or after July 1, 2002, the total payment, 163.21before third-party liability and spenddown, made to hospitals for outpatient hospital 163.22facility services is reduced by .5 percent from the current statutory rate.163.23    (e) In addition to the reduction in paragraph (d), the total payment for fee-for-service 163.24services provided on or after July 1, 2003, made to hospitals for outpatient hospital 163.25facility services before third-party liability and spenddown, is reduced five percent from 163.26the current statutory rates. Facilities defined under section 
         256.969, subdivision 16, are 163.27excluded from this paragraph.163.28    Sec. 18. Minnesota Statutes 2006, section 256B.76, is amended to read:163.29256B.76 PHYSICIAN AND DENTAL REIMBURSEMENT.163.30    (a) Effective for services rendered on or after October 1, 1992, the commissioner 163.31shall make payments for physician services as follows:163.32    (1) payment for level one Centers for Medicare and Medicaid Services' common 163.33procedural coding system codes titled "office and other outpatient services," "preventive 163.34medicine new and established patient," "delivery, antepartum, and postpartum care," 163.35"critical care," cesarean delivery and pharmacologic management provided to psychiatric 164.1patients, and level three codes for enhanced services for prenatal high risk, shall be paid 164.2at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 164.330, 1992. If the rate on any procedure code within these categories is different than the 164.4rate that would have been paid under the methodology in section 
         256B.74, subdivision 2, 164.5then the larger rate shall be paid; 164.6    (2) payments for all other services shall be paid at the lower of (i) submitted charges, 164.7or (ii) 15.4 percent above the rate in effect on June 30, 1992;164.8    (3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th 164.9percentile of 1989, less the percent in aggregate necessary to equal the above increases 164.10except that payment rates for home health agency services shall be the rates in effect 164.11on September 30, 1992;164.12    (4) effective for services rendered on or after January 1, 2000, payment rates for 164.13physician and professional services shall be increased by three percent over the rates in 164.14effect on December 31, 1999, except for home health agency and family planning agency 164.15services; and164.16    (5) the increases in clause (4) shall be implemented January 1, 2000, for managed 164.17care.164.18    (b) Effective for services rendered on or after October 1, 1992, the commissioner 164.19shall make payments for dental services as follows:164.20    (1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25 164.21percent above the rate in effect on June 30, 1992;164.22    (2) dental rates shall be converted from the 50th percentile of 1982 to the 50th 164.23percentile of 1989, less the percent in aggregate necessary to equal the above increases;164.24    (3) effective for services rendered on or after January 1, 2000, payment rates for 164.25dental services shall be increased by three percent over the rates in effect on December 164.2631, 1999;164.27    (4) the commissioner shall award grants to community clinics or other nonprofit 164.28community organizations, political subdivisions, professional associations, or other 164.29organizations that demonstrate the ability to provide dental services effectively to public 164.30program recipients. Grants may be used to fund the costs related to coordinating access for 164.31recipients, developing and implementing patient care criteria, upgrading or establishing 164.32new facilities, acquiring furnishings or equipment, recruiting new providers, or other 164.33development costs that will improve access to dental care in a region. In awarding grants, 164.34the commissioner shall give priority to applicants that plan to serve areas of the state in 164.35which the number of dental providers is not currently sufficient to meet the needs of 165.1recipients of public programs or uninsured individuals. The commissioner shall consider 165.2the following in awarding the grants:165.3    (i) potential to successfully increase access to an underserved population;165.4    (ii) the ability to raise matching funds;165.5    (iii) the long-term viability of the project to improve access beyond the period 165.6of initial funding;165.7    (iv) the efficiency in the use of the funding; and165.8    (v) the experience of the proposers in providing services to the target population.165.9    The commissioner shall monitor the grants and may terminate a grant if the grantee 165.10does not increase dental access for public program recipients. The commissioner shall 165.11consider grants for the following:165.12    (i) implementation of new programs or continued expansion of current access 165.13programs that have demonstrated success in providing dental services in underserved 165.14areas;165.15    (ii) a pilot program for utilizing hygienists outside of a traditional dental office to 165.16provide dental hygiene services; and165.17    (iii) a program that organizes a network of volunteer dentists, establishes a system to 165.18refer eligible individuals to volunteer dentists, and through that network provides donated 165.19dental care services to public program recipients or uninsured individuals;165.20    (5) beginning October 1, 1999, the payment for tooth sealants and fluoride treatments 165.21shall be the lower of (i) submitted charge, or (ii) 80 percent of median 1997 charges;165.22    (6) the increases listed in clauses (3) and (5) shall be implemented January 1, 2000, 165.23for managed care; and165.24    (7) effective for services provided on or after January 1, 2002, payment for 165.25diagnostic examinations and dental x-rays provided to children under age 21 shall be the 165.26lower of (i) the submitted charge, or (ii) 85 percent of median 1999 charges.165.27    (c) Effective for dental services rendered on or after January 1, 2002, the 165.28commissioner may, within the limits of available appropriation,shall increase 165.29reimbursements to dentists and dental clinics deemed by the commissioner to be critical 165.30access dental providers. Reimbursement to a critical access dental provider may be 165.31increased by not more than 50 percent above the reimbursement rate that would otherwise 165.32be paid to the provider. Payments to health plan companies shall be adjusted toFor dental 165.33services rendered on or after July 1, 2007, the commissioner shall increase reimbursement 165.34by 30 percent above the reimbursement rate that would otherwise be paid to the critical 165.35access dental provider. The commissioner shall pay the health plan companies in amounts 165.36sufficient to reflect increased reimbursements to critical access dental providers as 166.1approved by the commissioner. In determining which dentists and dental clinics shall be 166.2deemed critical access dental providers, the commissioner shall review:166.3    (1) the utilization rate in the service area in which the dentist or dental clinic operates 166.4for dental services to patients covered by medical assistance, general assistance medical 166.5care, or MinnesotaCare as their primary source of coverage;166.6    (2) the level of services provided by the dentist or dental clinic to patients covered 166.7by medical assistance, general assistance medical care, or MinnesotaCare as their primary 166.8source of coverage; and166.9    (3) whether the level of services provided by the dentist or dental clinic is critical to 166.10maintaining adequate levels of patient access within the service area.166.11In the absence of a critical access dental provider in a service area, the commissioner may 166.12designate a dentist or dental clinic as a critical access dental provider if the dentist or 166.13dental clinic is willing to provide care to patients covered by medical assistance, general 166.14assistance medical care, or MinnesotaCare at a level which significantly increases access 166.15to dental care in the service area.166.16    The commissioner shall annually establish a reimbursement schedule for critical 166.17access dental providers and provider-specific limits on total reimbursement received 166.18under the reimbursement schedule, and shall notify each critical access dental provider 166.19of the schedule and limit.166.20    (d) An entity that operates both a Medicare certified comprehensive outpatient 166.21rehabilitation facility and a facility which was certified prior to January 1, 1993, that is 166.22licensed under Minnesota Rules, parts 
         9570.2000 to 
         9570.3600, and for whom at least 33 166.23percent of the clients receiving rehabilitation services in the most recent calendar year are 166.24medical assistance recipients, shall be reimbursed by the commissioner for rehabilitation 166.25services at rates that are 38 percent greater than the maximum reimbursement rate 166.26allowed under paragraph (a), clause (2), when those services are (1) provided within the 166.27comprehensive outpatient rehabilitation facility and (2) provided to residents of nursing 166.28facilities owned by the entity.166.29    (e) Effective for services rendered on or after January 1, 2007, the commissioner 166.30shall make payments for physician and professional services based on the Medicare 166.31relative value units (RVU's). This change shall be budget neutral and the cost of 166.32implementing RVU's will be incorporated in the established conversion factor.166.33    Sec. 19. [256B.764] REIMBURSEMENT FOR FAMILY PLANNING SERVICES.166.34    Effective for services rendered on or after July 1, 2007, payment rates for family 166.35planning services shall be increased by 25 percent over the rates in effect June 30, 2007, 167.1when these services are provided by a community clinic as defined in section 145.9268, 167.2subdivision 1.167.3    Sec. 20. Minnesota Statutes 2006, section 256D.03, subdivision 3, is amended to read:167.4    Subd. 3. General assistance medical care; eligibility. (a) General assistance 167.5medical care may be paid for any person who is not eligible for medical assistance under 167.6chapter 256B, including eligibility for medical assistance based on a spenddown of excess 167.7income according to section 
         256B.056, subdivision 5, or MinnesotaCare as defined in 167.8paragraph (b), except as provided in paragraph (c), and:167.9    (1) who is receiving assistance under section 
         256D.05, except for families with 167.10children who are eligible under Minnesota family investment program (MFIP), or who is 167.11having a payment made on the person's behalf under sections 
         256I.01 to 
         256I.06; or167.12    (2) who is a resident of Minnesota; and167.13    (i) who has gross countable income not in excess of 75 percent of the federal poverty 167.14guidelines for the family size, using a six-month budget period and whose equity in assets 167.15is not in excess of $1,000 per assistance unit. General assistance medical care is not 167.16available for applicants or enrollees who are otherwise eligible for medical assistance but 167.17fail to verify their assets. Enrollees who become eligible for medical assistance shall be 167.18terminated and transferred to medical assistance. Exempt assets, the reduction of excess 167.19assets, and the waiver of excess assets must conform to the medical assistance program in 167.20section 
         256B.056, subdivision 3, with the following exception: the maximum amount of 167.21undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by 167.22the trustee, assuming the full exercise of the trustee's discretion under the terms of the 167.23trust, must be applied toward the asset maximum;167.24    (ii) who has gross countable income above 75 percent of the federal poverty 167.25guidelines but not in excess of 175 percent of the federal poverty guidelines for the 167.26family size, using a six-month budget period, whose equity in assets is not in excess 167.27of the limits in section 
         256B.056, subdivision 3c, and who applies during an inpatient 167.28hospitalization; or167.29    (iii) the commissioner shall adjust the income standards under this section each July 167.301 by the annual update of the federal poverty guidelines following publication by the 167.31United States Department of Health and Human Services.167.32    (b) Effective for applications and renewals processed on or after September 1, 2006, 167.33general assistance medical care may not be paid for applicants or recipients who are adults 167.34with dependent children under 21 whose gross family income is equal to or less than 275 167.35percent of the federal poverty guidelines who are not described in paragraph (e).168.1    (c) Effective for applications and renewals processed on or after September 1, 2006, 168.2general assistance medical care may be paid for applicants and recipients who meet all 168.3eligibility requirements of paragraph (a), clause (2), item (i), for a temporary period 168.4beginning the date of application. Immediately following approval of general assistance 168.5medical care, enrollees shall be enrolled in MinnesotaCare under section 
         256L.04, 168.6subdivision 7
         , with covered services as provided in section 
         256L.03 for the rest of the 168.7six-month general assistance medical care eligibility period, until their six-month renewal. 168.8    (d) To be eligible for general assistance medical care following enrollment in 168.9MinnesotaCare as required by paragraph (c), an individual must complete a new 168.10application.168.11    (e) Applicants and recipients eligible under paragraph (a), clause (1); who have 168.12applied for and are awaiting a determination of blindness or disability by the state medical 168.13review team or a determination of eligibility for Supplemental Security Income or Social 168.14Security Disability Insurance by the Social Security Administration; who fail to meet the 168.15requirements of section 
         256L.09, subdivision 2; who are homeless as defined by United 168.16States Code, title 42, section 11301, et seq.;  who are classified as end-stage renal disease 168.17beneficiaries in the Medicare program; who are enrolled in private health care coverage as 168.18defined in section 
         256B.02, subdivision 9; who are eligible under paragraph (j); or who 168.19receive treatment funded pursuant to section 
         254B.02 are exempt from the MinnesotaCare 168.20enrollment requirements of this subdivision.168.21    (f) For applications received on or after October 1, 2003, eligibility may begin no 168.22earlier than the date of application. For individuals eligible under paragraph (a), clause 168.23(2), item (i), a redetermination of eligibility must occur every 12 months. Individuals are 168.24eligible under paragraph (a), clause (2), item (ii), only during inpatient hospitalization but 168.25may reapply if there is a subsequent period of inpatient hospitalization.168.26    (g) Beginning September 1, 2006, Minnesota health care program applications and 168.27renewals completed by recipients and applicants who are persons described in paragraph 168.28(c) and submitted to the county agency shall be determined for MinnesotaCare eligibility 168.29by the county agency. If all other eligibility requirements of this subdivision are met, 168.30eligibility for general assistance medical care shall be available in any month during which 168.31MinnesotaCare enrollment is pending. Upon notification of eligibility for MinnesotaCare, 168.32notice of termination for eligibility for general assistance medical care shall be sent to 168.33an applicant or recipient. If all other eligibility requirements of this subdivision are 168.34met, eligibility for general assistance medical care shall be available until enrollment in 168.35MinnesotaCare subject to the provisions of paragraphs (c), (e), and (f).169.1    (h) The date of an initial Minnesota health care program application necessary to 169.2begin a determination of eligibility shall be the date the applicant has provided a name, 169.3address, and Social Security number, signed and dated, to the county agency or the 169.4Department of Human Services. If the applicant is unable to provide a name, address, 169.5Social Security number, and signature when health care is delivered due to a medical 169.6condition or disability, a health care provider may act on an applicant's behalf to establish 169.7the date of an initial Minnesota health care program application by providing the county 169.8agency or Department of Human Services with provider identification and a temporary 169.9unique identifier for the applicant. The applicant must complete the remainder of the 169.10application and provide necessary verification before eligibility can be determined. The 169.11county agency must assist the applicant in obtaining verification if necessary.169.12    (i) County agencies are authorized to use all automated databases containing 169.13information regarding recipients' or applicants' income in order to determine eligibility for 169.14general assistance medical care or MinnesotaCare. Such use shall be considered sufficient 169.15in order to determine eligibility and premium payments by the county agency.169.16    (j) General assistance medical care is not available for a person in a correctional 169.17facility unless the person is detained by law for less than one year in a county correctional 169.18or detention facility as a person accused or convicted of a crime, or admitted as an 169.19inpatient to a hospital on a criminal hold order, and the person is a recipient of general 169.20assistance medical care at the time the person is detained by law or admitted on a criminal 169.21hold order and as long as the person continues to meet other eligibility requirements 169.22of this subdivision.169.23    (k) General assistance medical care is not available for applicants or recipients who 169.24do not cooperate with the county agency to meet the requirements of medical assistance.169.25    (l) In determining the amount of assets of an individual eligible under paragraph 169.26(a), clause (2), item (i), there shall be included any asset or interest in an asset, including 169.27an asset excluded under paragraph (a), that was given away, sold, or disposed of for 169.28less than fair market value within the 60 months preceding application for general 169.29assistance medical care or during the period of eligibility. Any transfer described in this 169.30paragraph shall be presumed to have been for the purpose of establishing eligibility for 169.31general assistance medical care, unless the individual furnishes convincing evidence to 169.32establish that the transaction was exclusively for another purpose. For purposes of this 169.33paragraph, the value of the asset or interest shall be the fair market value at the time it 169.34was given away, sold, or disposed of, less the amount of compensation received. For any 169.35uncompensated transfer, the number of months of ineligibility, including partial months, 169.36shall be calculated by dividing the uncompensated transfer amount by the average monthly 170.1per person payment made by the medical assistance program to skilled nursing facilities 170.2for the previous calendar year. The individual shall remain ineligible until this fixed period 170.3has expired. The period of ineligibility may exceed 30 months, and a reapplication for 170.4benefits after 30 months from the date of the transfer shall not result in eligibility unless 170.5and until the period of ineligibility has expired. The period of ineligibility begins in the 170.6month the transfer was reported to the county agency, or if the transfer was not reported, 170.7the month in which the county agency discovered the transfer, whichever comes first. For 170.8applicants, the period of ineligibility begins on the date of the first approved application.170.9    (m) When determining eligibility for any state benefits under this subdivision, 170.10the income and resources of all noncitizens shall be deemed to include their sponsor's 170.11income and resources as defined in the Personal Responsibility and Work Opportunity 170.12Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and 170.13subsequently set out in federal rules.170.14    (n) Undocumented noncitizens and nonimmigrants are ineligible for general 170.15assistance medical care. For purposes of this subdivision, a nonimmigrant is an individual 170.16in one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and 170.17an undocumented noncitizen is an individual who resides in the United States without the 170.18approval or acquiescence of the Immigration and Naturalization Service.170.19    (o) Notwithstanding any other provision of law, a noncitizen who is ineligible for 170.20medical assistance due to the deeming of a sponsor's income and resources, is ineligible 170.21for general assistance medical care.170.22    (p) Effective July 1, 2003, general assistance medical care emergency services end.170.23EFFECTIVE DATE.This section is effective July 1, 2007.170.24    Sec. 21. Minnesota Statutes 2006, section 256D.03, subdivision 4, is amended to read:170.25    Subd. 4. General assistance medical care; services. (a)(i) For a person who is 170.26eligible under subdivision 3, paragraph (a), clause (2), item (i), general assistance medical 170.27care covers, except as provided in paragraph (c):170.28    (1) inpatient hospital services;170.29    (2) outpatient hospital services;170.30    (3) services provided by Medicare certified rehabilitation agencies;170.31    (4) prescription drugs and other products recommended through the process 170.32established in section 
         256B.0625, subdivision 13;170.33    (5) equipment necessary to administer insulin and diagnostic supplies and equipment 170.34for diabetics to monitor blood sugar level;170.35    (6) eyeglasses and eye examinations provided by a physician or optometrist;171.1    (7) hearing aids;171.2    (8) prosthetic devices;171.3    (9) laboratory and X-ray services;171.4    (10) physician's services;171.5    (11) medical transportation except special transportation;171.6    (12) chiropractic services as covered under the medical assistance program;171.7    (13) podiatric services;171.8    (14) dental services as covered under the medical assistance program;171.9    (15) outpatient services provided by a mental health center or clinic that is under 171.10contract with the county board and is established under section 
         245.62;171.11    (16) day treatment services for mental illness provided under contract with the 171.12county board;171.13    (17) prescribed medications for persons who have been diagnosed as mentally ill as 171.14necessary to prevent more restrictive institutionalization;171.15    (18) psychological services, medical supplies and equipment, and Medicare 171.16premiums, coinsurance and deductible payments;171.17    (19) medical equipment not specifically listed in this paragraph when the use of 171.18the equipment will prevent the need for costlier services that are reimbursable under 171.19this subdivision;171.20    (20) services performed by a certified pediatric nurse practitioner, a certified family 171.21nurse practitioner, a certified adult nurse practitioner, a certified obstetric/gynecological 171.22nurse practitioner, a certified neonatal nurse practitioner, or a certified geriatric nurse 171.23practitioner in independent practice, if (1) the service is otherwise covered under this 171.24chapter as a physician service, (2) the service provided on an inpatient basis is not included 171.25as part of the cost for inpatient services included in the operating payment rate, and (3) the 171.26service is within the scope of practice of the nurse practitioner's license as a registered 171.27nurse, as defined in section 
         148.171;171.28    (21) services of a certified public health nurse or a registered nurse practicing in 171.29a public health nursing clinic that is a department of, or that operates under the direct 171.30authority of, a unit of government, if the service is within the scope of practice of the 171.31public health nurse's license as a registered nurse, as defined in section 
         148.171;171.32    (22) telemedicine consultations, to the extent they are covered under section 171.33256B.0625, subdivision 3b
         ; and171.34    (23) mental health telemedicine and psychiatric consultation as covered under 171.35section 
         256B.0625, subdivisions 46 and 48.;172.1    (24) care coordination and patient education services provided by a community 172.2health worker according to section 256B.0625, subdivision 49; and172.3    (25) regardless of the number of employees that an enrolled health care provider 172.4may have, sign language interpreter services when provided by an enrolled health care 172.5provider during the course of providing a direct, person-to-person covered health care 172.6service to an enrolled recipient who has a hearing loss and uses interpreting services.172.7    (ii) Effective October 1, 2003, for a person who is eligible under subdivision 3, 172.8paragraph (a), clause (2), item (ii), general assistance medical care coverage is limited 172.9to inpatient hospital services, including physician services provided during the inpatient 172.10hospital stay. A $1,000 deductible is required for each inpatient hospitalization.172.11    (b) Effective August 1, 2005, sex reassignment surgery is not covered under this 172.12subdivision.172.13    (c) In order to contain costs, the commissioner of human services shall select 172.14vendors of medical care who can provide the most economical care consistent with high 172.15medical standards and shall where possible contract with organizations on a prepaid 172.16capitation basis to provide these services. The commissioner shall consider proposals by 172.17counties and vendors for prepaid health plans, competitive bidding programs, block grants, 172.18or other vendor payment mechanisms designed to provide services in an economical 172.19manner or to control utilization, with safeguards to ensure that necessary services are 172.20provided. Before implementing prepaid programs in counties with a county operated or 172.21affiliated public teaching hospital or a hospital or clinic operated by the University of 172.22Minnesota, the commissioner shall consider the risks the prepaid program creates for the 172.23hospital and allow the county or hospital the opportunity to participate in the program in a 172.24manner that reflects the risk of adverse selection and the nature of the patients served by 172.25the hospital, provided the terms of participation in the program are competitive with the 172.26terms of other participants considering the nature of the population served. Payment for 172.27services provided pursuant to this subdivision shall be as provided to medical assistance 172.28vendors of these services under sections 
         256B.02, subdivision 8, and 
         256B.0625. For 172.29payments made during fiscal year 1990 and later years, the commissioner shall consult 172.30with an independent actuary in establishing prepayment rates, but shall retain final control 172.31over the rate methodology.172.32    (d) Effective January 1, 2008, drug coverage under general assistance medical care 172.33is limited to prescription drugs that:172.34    (i) are covered under the medical assistance program as described in section 172.35256B.0625, subdivisions 13 and 13d; and173.1    (ii) are provided by manufacturers that have fully executed general assistance 173.2medical care rebate agreements with the commissioner and comply with the agreements. 173.3Prescription drug coverage under general assistance medical care must conform to 173.4coverage under the medical assistance program according to section 256B.0625, 173.5subdivisions 13 to 13g.173.6    (d) (e) Recipients eligible under subdivision 3, paragraph (a), shall pay the following 173.7co-payments for services provided on or after October 1, 2003, and before January 1, 2008:173.8    (1) $25 for eyeglasses;173.9    (2) $25 for nonemergency visits to a hospital-based emergency room;173.10    (3) $3 per brand-name drug prescription and $1 per generic drug prescription, 173.11subject to a $12 per month maximum for prescription drug co-payments. No co-payments 173.12shall apply to antipsychotic drugs when used for the treatment of mental illness; and173.13    (4) 50 percent coinsurance on restorative dental services.173.14    (e)(f) Recipients eligible under subdivision 3, paragraph (a), shall include the 173.15following co-payments for services provided on or after January 1, 2008: 173.16    (1) $25 for nonemergency visits to a hospital-based emergency room; and173.17    (2) $3 per brand-name drug prescription and $1 per generic drug prescription, 173.18subject to a $7 per month maximum for prescription drug co-payments. No co-payments 173.19shall apply to antipsychotic drugs when used for the treatment of mental illness.173.20    (g) Co-payments shall be limited to one per day per provider for nonpreventive visits, 173.21eyeglasses, and nonemergency visits to a hospital-based emergency room. Recipients of 173.22general assistance medical care are responsible for all co-payments in this subdivision. 173.23The general assistance medical care reimbursement to the provider shall be reduced by the 173.24amount of the co-payment, except that reimbursement for prescription drugs shall not be 173.25reduced once a recipient has reached the $12 per month maximum for prescription drug 173.26co-payments. The provider collects the co-payment from the recipient. Providers may 173.27not deny services to recipients who are unable to pay the co-payment, except as provided 173.28in paragraph (f). This paragraph expires January 1, 2008.173.29    (f) If it is the routine business practice of a provider to refuse service to an individual 173.30with uncollected debt, the provider may include uncollected co-payments under this 173.31section. A provider must give advance notice to a recipient with uncollected debt before 173.32services can be denied.173.33    (h) Effective January 1, 2008, co-payments shall be limited to one per day per 173.34provider for nonemergency visits to a hospital-based emergency room. Recipients of 173.35general assistance medical care are responsible for all co-payments in this subdivision. 173.36The general assistance medical care reimbursement to the provider shall be reduced by the 174.1amount of the co-payment, except that reimbursement for prescription drugs shall not be 174.2reduced once a recipient has reached the $7 per month maximum for prescription drug 174.3co-payments. The provider collects the co-payment from the recipient. Providers may not 174.4deny services to recipients who are unable to pay the co-payment.174.5    (i) General assistance medical care reimbursement to fee-for-service providers 174.6and payments to managed care plans shall not be increased as a result of the removal of 174.7the co-payments effective January 1, 2008.174.8    (g)(j) Any county may, from its own resources, provide medical payments for 174.9which state payments are not made.174.10    (h)(k) Chemical dependency services that are reimbursed under chapter 254B must 174.11not be reimbursed under general assistance medical care.174.12    (i)(l) The maximum payment for new vendors enrolled in the general assistance 174.13medical care program after the base year shall be determined from the average usual and 174.14customary charge of the same vendor type enrolled in the base year.174.15    (j)(m) The conditions of payment for services under this subdivision are the same 174.16as the conditions specified in rules adopted under chapter 256B governing the medical 174.17assistance program, unless otherwise provided by statute or rule.174.18    (k) (n) Inpatient and outpatient payments shall be reduced by five percent, effective 174.19July 1, 2003. This reduction is in addition to the five percent reduction effective July 1, 174.202003, and incorporated by reference in paragraph (i) (l).174.21    (l)(o) Payments for all other health services except inpatient, outpatient, and 174.22pharmacy services shall be reduced by five percent, effective July 1, 2003.174.23    (m)(p) Payments to managed care plans shall be reduced by five percent for services 174.24provided on or after October 1, 2003, or upon federal approval, whichever is later.174.25    (n)(q) A hospital receiving a reduced payment as a result of this section may apply 174.26the unpaid balance toward satisfaction of the hospital's bad debts.174.27    (o)(r) Fee-for-service payments for nonpreventive visits shall be reduced by $3 174.28for services provided on or after January 1, 2006. For purposes of this subdivision, a 174.29visit means an episode of service which is required because of a recipient's symptoms, 174.30diagnosis, or established illness, and which is delivered in an ambulatory setting by 174.31a physician or physician ancillary, chiropractor, podiatrist, advance practice nurse, 174.32audiologist, optician, or optometrist.174.33    (p)(s) Payments to managed care plans shall not be increased as a result of the 174.34removal of the $3 nonpreventive visit co-payment effective January 1, 2006.174.35EFFECTIVE DATE.This section is effective July 1, 2007, unless another effective 174.36date is explicit.175.1    Sec. 22. Minnesota Statutes 2006, section 256L.01, subdivision 1, is amended to read:175.2    Subdivision 1. Scope. For purposes of sections 256L.01 to 256L.18 this chapter, 175.3the following terms shall have the meanings given them. 175.4    Sec. 23. Minnesota Statutes 2006, section 256L.01, subdivision 4, is amended to read:175.5    Subd. 4. Gross individual or gross family income. (a) "Gross individual or gross 175.6family income" for nonfarm self-employed means income calculated for the six-month175.712-month period of eligibility using the net profit or loss reported on the applicant's 175.8federal income tax form for the previous year and using the medical assistance families 175.9with children methodology for determining allowable and nonallowable self-employment 175.10expenses and countable income.175.11    (b) "Gross individual or gross family income" for farm self-employed means income 175.12calculated for the six-month12-month period of eligibility using as the baseline the 175.13adjusted gross income reported on the applicant's federal income tax form for the previous 175.14year and adding back in reported depreciation amounts that apply to the business in which 175.15the family is currently engaged.175.16    (c) "Gross individual or gross family income" means the total income for all family 175.17members, calculated for the six-month12-month period of eligibility.175.18EFFECTIVE DATE.This section is effective July 1, 2007, or upon federal 175.19approval, whichever is later.175.20    Sec. 24. Minnesota Statutes 2006, section 256L.03, subdivision 1, is amended to read:175.21    Subdivision 1. Covered health services.For individuals under section 256L.04, 175.22subdivision 7, with income no greater than 75 percent of the federal poverty guidelines 175.23or for families with children under section 256L.04, subdivision 1, all subdivisions of 175.24this section apply. "Covered health services" means the health services reimbursed 175.25under chapter 256B, with the exception of inpatient hospital services, special education 175.26services, private duty nursing services, adult dental care services other than services 175.27covered under section 
         256B.0625, subdivision 9, orthodontic services, nonemergency 175.28medical transportation services, personal care assistant and case management services, 175.29nursing home or intermediate care facilities services, inpatient mental health services, 175.30and chemical dependency services. Outpatient mental health services covered under the 175.31MinnesotaCare program are limited to diagnostic assessments, psychological testing, 175.32explanation of findings, mental health telemedicine, psychiatric consultation, medication 175.33management by a physician, day treatment, partial hospitalization, and individual, family, 175.34and group psychotherapy.176.1    No public funds shall be used for coverage of abortion under MinnesotaCare 176.2except where the life of the female would be endangered or substantial and irreversible 176.3impairment of a major bodily function would result if the fetus were carried to term; or 176.4where the pregnancy is the result of rape or incest.176.5    Covered health services shall be expanded as provided in this section.176.6EFFECTIVE DATE.This section is effective January 1, 2008.176.7    Sec. 25. Minnesota Statutes 2006, section 256L.03, subdivision 3, is amended to read:176.8    Subd. 3. Inpatient hospital services. (a) Covered health services shall include 176.9inpatient hospital services, including inpatient hospital mental health services and inpatient 176.10hospital and residential chemical dependency treatment, subject to those limitations 176.11necessary to coordinate the provision of these services with eligibility under the medical 176.12assistance spenddown. Prior to July 1, 1997, the inpatient hospital benefit for adult 176.13enrollees is subject to an annual benefit limit of $10,000. The inpatient hospital benefit 176.14for adult enrollees who qualify under section 
         256L.04, subdivision 7, or who qualify 176.15under section 
         256L.04, subdivisions 1 and 2, with family gross income that exceeds 176.16175 200 percent of the federal poverty guidelines or 215 percent of the federal poverty 176.17guidelines on or after July 1, 2009, and who are not pregnant, is subject to an annual 176.18limit of $10,000 $20,000. 176.19    (b) Admissions for inpatient hospital services paid for under section 
         256L.11, 176.20subdivision 3
         , must be certified as medically necessary in accordance with Minnesota 176.21Rules, parts 9505.0500 to 9505.0540, except as provided in clauses (1) and (2): 176.22    (1) all admissions must be certified, except those authorized under rules established 176.23under section 
         254A.03, subdivision 3, or approved under Medicare; and 176.24    (2) payment under section 
         256L.11, subdivision 3, shall be reduced by five percent 176.25for admissions for which certification is requested more than 30 days after the day of 176.26admission. The hospital may not seek payment from the enrollee for the amount of the 176.27payment reduction under this clause. 176.28EFFECTIVE DATE.For parents and relative caretakers, this section is effective 176.29July 1, 2008, or upon federal approval, whichever is later. For single adults and households 176.30with no children, this section is effective January 1, 2008.176.31    Sec. 26. Minnesota Statutes 2006, section 256L.03, subdivision 5, is amended to read:177.1    Subd. 5. Co-payments and coinsurance. (a) Except as provided in paragraphs (b) 177.2and (c), the MinnesotaCare benefit plan shall include the following co-payments and 177.3coinsurance requirements for all enrollees:177.4    (1) ten percent of the paid charges for inpatient hospital services for adult enrollees, 177.5subject to an annual inpatient out-of-pocket maximum of $1,000 per individual and 177.6$3,000 per family;177.7    (2) $3 per prescription for adult enrollees;177.8    (3) $25 for eyeglasses for adult enrollees;177.9    (4) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an 177.10episode of service which is required because of a recipient's symptoms, diagnosis, or 177.11established illness, and which is delivered in an ambulatory setting by a physician or 177.12physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse, 177.13audiologist, optician, or optometrist; and177.14    (5) $6 for nonemergency visits to a hospital-based emergency room.177.15    (b) Paragraph (a), clause (1), does not apply to parents and relative caretakers of 177.16children under the age of 21 in households with family income equal to or less than 175 177.17percent of the federal poverty guidelines. Paragraph (a), clause (1), does not apply to 177.18parents and relative caretakers of children under the age of 21 in households with family 177.19income greater than 175 percent of the federal poverty guidelines for inpatient hospital 177.20admissions occurring on or after January 1, 2001.177.21    (c) Paragraph (a), clauses (1) to (4), do does not apply to pregnant women and 177.22children under the age of 21.177.23    (d) Adult enrollees with family gross income that exceeds 175 200 percent of the 177.24federal poverty guidelines or 215 percent of the federal poverty guidelines on or after July 177.251, 2009, and who are not pregnant shall be financially responsible for the coinsurance 177.26amount, if applicable, and amounts which exceed the $10,000 $20,000 inpatient hospital 177.27benefit limit.177.28    (e) When a MinnesotaCare enrollee becomes a member of a prepaid health 177.29plan, or changes from one prepaid health plan to another during a calendar year, any 177.30charges submitted towards the $10,000 $20,000 annual inpatient benefit limit, and any 177.31out-of-pocket expenses incurred by the enrollee for inpatient services, that were submitted 177.32or incurred prior to enrollment, or prior to the change in health plans, shall be disregarded.177.33EFFECTIVE DATE.For parents and relative caretakers, this section is effective 177.34July 1, 2008, or upon federal approval, whichever is later. For single adults and households 177.35with no children, this section is effective January 1, 2008.178.1    Sec. 27. Minnesota Statutes 2006, section 256L.04, subdivision 7, is amended to read:178.2    Subd. 7. Single adults and households with no children. The definition of eligible 178.3persons includes all individuals and households with no children who have gross family 178.4incomes that are equal to or less than 175 200 percent of the federal poverty guidelines.178.5Effective July 1, 2009, the definition of eligible persons includes all individuals and 178.6households with no children who have gross family incomes that are equal to or less than 178.7215 percent of the federal poverty guidelines.178.8EFFECTIVE DATE.This section is effective January 1, 2008.178.9    Sec. 28. Minnesota Statutes 2006, section 256L.05, subdivision 1, is amended to read:178.10    Subdivision 1. Application and information availability. Applications and other 178.11information application assistance must be made available to at provider offices, local 178.12human services agencies, school districts, public and private elementary schools in which 178.1325 percent or more of the students receive free or reduced price lunches, community health 178.14offices, and Women, Infants and Children (WIC) program sites, Head Start program sites, 178.15public housing councils, crisis nurseries, child care centers, early childhood education 178.16and preschool program sites, legal aid offices, and libraries. These sites may accept 178.17applications and forward the forms to the commissioner or local county human services 178.18agencies that choose to participate as an enrollment site. Otherwise, applicants may apply 178.19directly to the commissioner or to participating local county human services agencies. 178.20Beginning January 1, 2000, MinnesotaCare enrollment sites will be expanded to include 178.21local county human services agencies which choose to participate.178.22    Sec. 29. Minnesota Statutes 2006, section 256L.05, subdivision 1b, is amended to read:178.23    Subd. 1b. MinnesotaCare enrollment by county agencies. Beginning September 178.241, 2006, county agencies shall enroll single adults and households with no children 178.25formerly enrolled in general assistance medical care in MinnesotaCare according to 178.26section 
         256D.03, subdivision 3. County agencies shall perform all duties necessary 178.27to administer the MinnesotaCare program ongoing for these enrollees, including the 178.28redetermination of MinnesotaCare eligibility at six-month renewal.178.29    Sec. 30. Minnesota Statutes 2006, section 256L.05, subdivision 2, is amended to read:178.30    Subd. 2. Commissioner's duties.(a) The commissioner or county agency shall 178.31use electronic verification as the primary method of income verification. If there is a 178.32discrepancy between reported income and electronically verified income, an individual 178.33may be required to submit additional verification. In addition, the commissioner shall 179.1perform random audits to verify reported income and eligibility. The commissioner 179.2may execute data sharing arrangements with the Department of Revenue and any other 179.3governmental agency in order to perform income verification related to eligibility and 179.4premium payment under the MinnesotaCare program.179.5    (b) In determining eligibility for MinnesotaCare, the commissioner shall require 179.6applicants and enrollees seeking renewal of eligibility to verify both earned and unearned 179.7income. The commissioner shall also require applicants and enrollees to submit the names 179.8of their employers and a contact name with a telephone number for each employer for 179.9purposes of verifying whether the applicant or enrollee, and any dependents, are eligible 179.10for employer-subsidized coverage. Data collected is nonpublic data as defined in section 179.1113.02, subdivision 9.179.12    Sec. 31. Minnesota Statutes 2006, section 256L.05, subdivision 3a, is amended to read:179.13    Subd. 3a. Renewal of eligibility. (a) Beginning January 1, 1999 July 1, 2007, an 179.14enrollee's eligibility must be renewed every 12 months. The 12-month period begins in 179.15the month after the month the application is approved.179.16    (b) Beginning October 1, 2004, an enrollee's eligibility must be renewed every 179.17six months. The first six-month period of eligibility begins the month the application is 179.18received by the commissioner. The effective date of coverage within the first six-month 179.19period of eligibility is as provided in subdivision 3. Each new period of eligibility must 179.20take into account any changes in circumstances that impact eligibility and premium 179.21amount. An enrollee must provide all the information needed to redetermine eligibility by 179.22the first day of the month that ends the eligibility period. The premium for the new period 179.23of eligibility must be received as provided in section 
         256L.06 in order for eligibility to 179.24continue.179.25    (c) For single adults and households with no children formerly enrolled in general 179.26assistance medical care and enrolled in MinnesotaCare according to section 
         256D.03, 179.27subdivision 3
         , the first six-month period of eligibility begins the month the enrollee 179.28submitted the application or renewal for general assistance medical care.179.29EFFECTIVE DATE.This section is effective July 1, 2007, or upon federal 179.30approval, whichever is later.179.31    Sec. 32. Minnesota Statutes 2006, section 256L.07, subdivision 1, is amended to read:179.32    Subdivision 1. General requirements. (a) Children enrolled in the original 179.33children's health plan as of September 30, 1992, children who enrolled in the 179.34MinnesotaCare program after September 30, 1992, pursuant to Laws 1992, chapter 549, 180.1article 4, section 17, and children who have family gross incomes that are equal to or 180.2less than 150 percent of the federal poverty guidelines are eligible without meeting 180.3the requirements of subdivision 2 and the four-month requirement in subdivision 3, as 180.4long as they maintain continuous coverage in the MinnesotaCare program or medical 180.5assistance. Children who apply for MinnesotaCare on or after the implementation date 180.6of the employer-subsidized health coverage program as described in Laws 1998, chapter 180.7407, article 5, section 45, who have family gross incomes that are equal to or less than 150 180.8percent of the federal poverty guidelines, must meet the requirements of subdivision 2 to 180.9be eligible for MinnesotaCare.180.10    (b) Families enrolled in MinnesotaCare under section 
         256L.04, subdivision 1, whose 180.11income increases above 275 percent of the federal poverty guidelines, are no longer 180.12eligible for the program and shall be disenrolled by the commissioner. Beginning January 180.131, 2008, individuals enrolled in MinnesotaCare under section 
         256L.04, subdivision 7, 180.14whose income increases above 175 200 percent of the federal poverty guidelines or 215 180.15percent of the federal poverty guidelines on or after July 1, 2009, are no longer eligible for 180.16the program and shall be disenrolled by the commissioner. For persons disenrolled under 180.17this subdivision, MinnesotaCare coverage terminates the last day of the calendar month 180.18following the month in which the commissioner determines that the income of a family or 180.19individual exceeds program income limits.180.20    (c) (b)  Notwithstanding paragraph (b) (a), children may remain enrolled in 180.21MinnesotaCare if ten percent of their gross individual or gross family income as defined 180.22in section 
         256L.01, subdivision 4, is less than the annual premium for a six-month180.23policy with a $500 deductible available through the Minnesota Comprehensive Health 180.24Association. Children who are no longer eligible for MinnesotaCare under this clause shall 180.25be given a 12-month notice period from the date that ineligibility is determined before 180.26disenrollment. The premium for children remaining eligible under this clause shall be the 180.27maximum premium determined under section 
         256L.15, subdivision 2, paragraph (b).180.28    (d) (c) Notwithstanding paragraphs (b) (a) and (c) (b), parents are not eligible for 180.29MinnesotaCare if gross household income exceeds $25,000 for the six-month period 180.30of eligibility.180.31EFFECTIVE DATE.This section is effective July 1, 2007, or upon federal 180.32approval, whichever is later.180.33    Sec. 33. Minnesota Statutes 2006, section 256L.07, subdivision 2, is amended to read:180.34    Subd. 2. Must not have access to employer-subsidized coverage. (a) To be 180.35eligible, a family or individual an adult must not have access to subsidized health coverage 181.1through an employer and must not have had access to employer-subsidized coverage 181.2through a current employer for 18 months prior to application or reapplication. A family 181.3or individual An adult whose employer-subsidized coverage is lost due to an employer 181.4terminating health care coverage as an employee benefit during the previous 18 months 181.5is not eligible.181.6    (b) This subdivision does not apply to a family or individual an adult who was 181.7enrolled in MinnesotaCare within six months or less of reapplication and who no longer 181.8has employer-subsidized coverage due to the employer terminating health care coverage 181.9as an employee benefit.181.10    (c) For purposes of this requirement, subsidized health coverage means health 181.11coverage for which the employer pays at least 50 percent of the cost of coverage for 181.12the employee or dependent, or a higher percentage as specified by the commissioner. 181.13Children are eligible for employer-subsidized coverage through either parent, including 181.14the noncustodial parent. The commissioner must treat employer contributions to Internal 181.15Revenue Code Section 125 plans and any other employer benefits intended to pay 181.16health care costs as qualified employer subsidies toward the cost of health coverage for 181.17employees for purposes of this subdivision.181.18    (d) This subdivision does not apply to children.181.19EFFECTIVE DATE.This section is effective July 1, 2007, or upon federal 181.20approval, whichever is later.181.21    Sec. 34. Minnesota Statutes 2006, section 256L.07, subdivision 6, is amended to read:181.22    Subd. 6. Exception for certain adults. Single adults and households with 181.23no children formerly enrolled in general assistance medical care and enrolled in 181.24MinnesotaCare according to section 
         256D.03, subdivision 3, are eligible without meeting 181.25the requirements of this section until six-month renewal.181.26    Sec. 35. Minnesota Statutes 2006, section 256L.09, subdivision 4, is amended to read:181.27    Subd. 4. Eligibility as Minnesota resident. (a) For purposes of this section, a 181.28permanent Minnesota resident is a person who has demonstrated, through persuasive and 181.29objective evidence, that the person is domiciled in the state and intends to live in the 181.30state permanently.181.31    (b) To be eligible as a permanent resident, an applicant must demonstrate the 181.32requisite intent to live in the state permanently by:182.1    (1) showing that the applicant maintains a residence at a verified address other than a 182.2place of public accommodation, through the use of evidence of residence described in 182.3section 
         256D.02, subdivision 12a, paragraph (b), clause (1) (2); 182.4    (2) demonstrating that the applicant has been continuously domiciled in the state for 182.5no less than 180 days immediately before the application; and182.6    (3) signing an affidavit declaring that (A) the applicant currently resides in the state 182.7and intends to reside in the state permanently; and (B) the applicant did not come to the 182.8state for the primary purpose of obtaining medical coverage or treatment.182.9    (c) A person who is temporarily absent from the state does not lose eligibility for 182.10MinnesotaCare. "Temporarily absent from the state" means the person is out of the state 182.11for a temporary purpose and intends to return when the purpose of the absence has been 182.12accomplished. A person is not temporarily absent from the state if another state has 182.13determined that the person is a resident for any purpose. If temporarily absent from the 182.14state, the person must follow the requirements of the health plan in which the person is 182.15enrolled to receive services.182.16    Sec. 36. Minnesota Statutes 2006, section 256L.11, subdivision 7, is amended to read:182.17    Subd. 7. Critical access dental providers. Effective for dental services provided 182.18to MinnesotaCare enrollees on or after January 1, 2007, the commissioner shall increase 182.19payment rates to dentists and dental clinics deemed by the commissioner to be critical 182.20access providers under section 
         256B.76, paragraph (c), by 50 percent above the payment 182.21rate that would otherwise be paid to the provider. The commissioner shall adjust the rates 182.22paid on or after January 1, 2007, topay the prepaid health plans under contract with the 182.23commissioner amounts sufficient to reflect this rate increase. The prepaid health plan must 182.24pass this rate increase to providers who have been identified by the commissioner as 182.25critical access dental providers under section 
         256B.76, paragraph (c).182.26    Sec. 37. Minnesota Statutes 2006, section 256L.15, subdivision 1, is amended to read:182.27    Subdivision 1. Premium determination. (a) Families with children and individuals 182.28shall pay a premium determined according to subdivision 2.182.29    (b) Pregnant women and children under age two are exempt from the provisions 182.30of section 
         256L.06, subdivision 3, paragraph (b), clause (3), requiring disenrollment 182.31for failure to pay premiums. For pregnant women, this exemption continues until the 182.32first day of the month following the 60th day postpartum. Women who remain enrolled 182.33during pregnancy or the postpartum period, despite nonpayment of premiums, shall be 183.1disenrolled on the first of the month following the 60th day postpartum for the penalty 183.2period that otherwise applies under section 
         256L.06, unless they begin paying premiums. 183.3    (c) Members of the military and their families who meet the eligibility criteria 183.4for MinnesotaCare upon eligibility approval made within 24 months following the end 183.5of the member's tour of active duty shall have their premiums paid by the commissioner. 183.6The effective date of coverage for an individual or family who meets the criteria of this 183.7paragraph shall be the first day of the month following the month in which eligibility is 183.8approved. This exemption applies for 12 months. 183.9EFFECTIVE DATE.This section is effective July 1, 2007, or upon federal 183.10approval, whichever is later. The commissioner of human services shall notify the Office 183.11of the Revisor of Statutes when federal approval is obtained.183.12    Sec. 38. Minnesota Statutes 2006, section 256L.15, subdivision 2, is amended to read:183.13    Subd. 2. Sliding fee scale; monthly gross individual or family income. (a) The 183.14commissioner shall establish a sliding fee scale to determine the percentage of monthly 183.15gross individual or family income that households at different income levels must pay 183.16to obtain coverage through the MinnesotaCare program. The sliding fee scale must be 183.17based on the enrollee's monthly gross individual or family income. The sliding fee scale 183.18must contain separate tables based on enrollment of one, two, or three or more persons. 183.19The sliding fee scale begins with a premium of 1.5 percent of monthly gross individual or 183.20family income for individuals or families with incomes below the limits for the medical 183.21assistance program for families and children in effect on January 1, 1999, and proceeds 183.22through the following evenly spaced steps: 1.8, 2.3, 3.1, 3.8, 4.8, 5.9, 7.4, and 8.8 percent. 183.23These percentages are matched to evenly spaced income steps ranging from the medical 183.24assistance income limit for families and children in effect on January 1, 1999, to 275 183.25percent of the federal poverty guidelines for the applicable family size, up to a family size 183.26of five. The sliding fee scale for a family of five must be used for families of more than 183.27five. Effective October 1, 2003, the commissioner shall increase each percentage by 0.5 183.28percentage points for enrollees with income greater than 100 percent but not exceeding 183.29200 percent of the federal poverty guidelines and shall increase each percentage by 1.0 183.30percentage points for families and children with incomes greater than 200 percent of 183.31the federal poverty guidelines. The sliding fee scale and percentages are not subject to 183.32the provisions of chapter 14. If a family or individual reports increased income after 183.33enrollment, premiums shall be adjusted at the time the change in income is reported.183.34    (b) Children in Families whose gross income is above 275 percent of the federal 183.35poverty guidelines shall pay the maximum premium. The maximum premium is defined 184.1as a base charge for one, two, or three or more enrollees so that if all MinnesotaCare 184.2cases paid the maximum premium, the total revenue would equal the total cost of 184.3MinnesotaCare medical coverage and administration. In this calculation, administrative 184.4costs shall be assumed to equal ten percent of the total. The costs of medical coverage 184.5for pregnant women and children under age two and the enrollees in these groups shall 184.6be excluded from the total. The maximum premium for two enrollees shall be twice the 184.7maximum premium for one, and the maximum premium for three or more enrollees shall 184.8be three times the maximum premium for one.184.9    (c) After calculating the percentage of premium each enrollee shall pay under 184.10paragraph (a), eight percent shall be added to the premium.184.11EFFECTIVE DATE.This section is effective July 1, 2007, or upon federal 184.12approval, whichever is later.184.13    Sec. 39. Minnesota Statutes 2006, section 256L.15, subdivision 3, is amended to read:184.14    Subd. 3. Exceptions to sliding scale. Children in families with income at or below 184.15150200 percent of the federal poverty guidelines pay a monthly premium of $4.184.16EFFECTIVE DATE.This section is effective October 1, 2008, or upon federal 184.17approval, whichever is later.184.18    Sec. 40. Minnesota Statutes 2006, section 256L.15, subdivision 4, is amended to read:184.19    Subd. 4. Exception for transitioned adults. County agencies shall pay premiums 184.20for single adults and households with no children formerly enrolled in general assistance 184.21medical care and enrolled in MinnesotaCare according to section 
         256D.03, subdivision 3, 184.22until six-month renewal. The county agency has the option of continuing to pay premiums 184.23for these enrollees past the first six-month renewal period.184.24EFFECTIVE DATE.This section is effective July 1, 2007.184.25    Sec. 41. Minnesota Statutes 2006, section 256L.17, subdivision 2, is amended to read:184.26    Subd. 2. Limit on total assets. (a) Effective July 1, 2002, or upon federal approval, 184.27whichever is later, in order to be eligible for the MinnesotaCare program, a household of 184.28two or more persons must not own more than $20,000 in total net assets, and a household 184.29of one person must not own more than $10,000 in total net assets.184.30    (b) For purposes of this subdivision, assets are determined according to section 184.31256B.056, subdivision 3c
         , except that workers' compensation settlements received due to 184.32a work-related injury shall not be considered. 185.1    (c) State-funded MinnesotaCare is not available for applicants or enrollees who are 185.2otherwise eligible for medical assistance but fail to verify assets. Enrollees who become 185.3eligible for federally funded medical assistance shall be terminated from state-funded 185.4MinnesotaCare and transferred to medical assistance.185.5EFFECTIVE DATE.This section is effective July 1, 2007, or upon federal 185.6approval, whichever is later.185.7    Sec. 42. Minnesota Statutes 2006, section 256L.17, subdivision 7, is amended to read:185.8    Subd. 7. Exception for certain adults. Single adults and households with 185.9no children formerly enrolled in general assistance medical care and enrolled in 185.10MinnesotaCare according to section 
         256D.03, subdivision 3, are exempt from the 185.11requirements of this section until six-month renewal.185.12    Sec. 43. [256L.20] MINNESOTACARE OPTION FOR SMALL EMPLOYERS.185.13    Subdivision 1.Definitions.(a) For the purposes of this section, the following terms 185.14have the meanings given them.185.15    (b) "Dependent" means an unmarried child who is under the age of 21 and who is 185.16not eligible for employer-subsidized health coverage. 185.17    (c) "Eligible employee" means an employee who works at least 20 hours per week 185.18for an eligible employer. Eligible employee does not include an employee who works 185.19on a temporary or substitute basis or who does not work more than 26 weeks annually. 185.20Coverage of an eligible employee includes the employee's spouse if the spouse does not 185.21have access to employer-subsidized health coverage. 185.22    (d) "Eligible employer" means a business that employs at least two, but not more 185.23than 50, eligible employees, the majority of whom are employed in the state, and includes 185.24a municipality that has 50 or fewer employees. 185.25    (e) "Employer-subsidized health coverage" has the meaning given under section 185.26256L.07, subdivision 2, paragraph (c).185.27    (f) "Maximum premium" has the meaning given under section 256L.15, subdivision 185.282, paragraph (b), except that the cost of medical coverage for single adults and households 185.29without children formerly enrolled in general assistance medical care and enrolled in 185.30MinnesotaCare in accordance with section 256D.03, subdivision 3, paragraph (c), are 185.31excluded from the total cost when determining the maximum premium.185.32    (g) "Participating employer" means an eligible employer who meets the requirements 185.33in subdivision 3 and applies to the commissioner to enroll its eligible employees and their 185.34dependents in the MinnesotaCare program.186.1    (h) "Program" means the MinnesotaCare program. 186.2    Subd. 2.Application and renewal procedures.(a) Eligible employees and their 186.3dependents may enroll in MinnesotaCare through their employer if their employer meets 186.4the requirements of subdivision 3. The commissioner shall establish procedures for an 186.5eligible employer to participate in the program. The commissioner shall provide an 186.6employer with applications for each eligible employee. The employee must fill out the 186.7application and submit it to the employer. The employer must submit the completed 186.8applications to the commissioner. The commissioner shall determine eligibility for the 186.9program and determine the premiums owed by the employer for each eligible employee. 186.10The commissioner may require eligible employees to provide income verification to 186.11determine premiums.186.12    (b) The effective date of coverage is according to section 256L.05, subdivision 3.186.13    (c) An employer's eligibility must be renewed every 12 months. At that time, all 186.14eligible employees enrolled in the program regardless of their enrollment date must 186.15reapply.186.16    (d) A participating employer must inform the commissioner of any changes in its 186.17employees and premiums must be adjusted accordingly beginning the first day of the 186.18month following the month in which the change is reported. An employer's premiums 186.19shall not be adjusted due to a change in an employee's income until the next renewal 186.20period. Eligible employees hired after enrollment must fill out an application and submit 186.21the application to the commissioner. Employees who terminate their employment with 186.22the participating employer shall remain enrolled in the program until the last day of the 186.23month in which employment is terminated. A terminating employee may remain in the 186.24MinnesotaCare program if the employee meets the eligibility requirements of enrollment 186.25described in sections 256L.01 to 256L.18.186.26    Subd. 3.Employer requirements. In order to participate, an eligible employer 186.27must meet the following requirements:186.28    (1) agree to contribute toward the cost of the premium for the employee, the 186.29employee's spouse, and the employee's dependents according to subdivision 4; 186.30    (2) certify that each eligible employee was informed of the availability of coverage 186.31through the program and that at least 75 percent of its eligible employees are planning to 186.32or are enrolled in the program; and186.33    (3) have not provided employer-subsidized health coverage as an employee benefit 186.34during the previous 12 months, as defined in section 256L.07, subdivision 2, paragraph (c). 187.1    Subd. 4.Premiums.(a) The premium for coverage provided under this section is 187.2equal to the maximum premium as defined in subdivision 1 regardless of the income 187.3of the eligible employee.187.4    (b) For eligible employees without dependents with a gross family income equal to 187.5or less than 200 percent of the federal poverty guidelines or 215 percent of the federal 187.6poverty guidelines on or after July 1, 2009, and for eligible employees with dependents 187.7whose gross family income is equal to or less than 275 percent of the federal poverty 187.8guidelines, the participating employer shall pay 50 percent of the premium established 187.9under paragraph (a) for the eligible employee, the employee's spouse, and any dependents, 187.10if applicable. 187.11    (c) For eligible employees without dependents with a gross family income over 200 187.12percent of the federal poverty guidelines or 215 percent of the federal poverty guidelines 187.13on or after July 1, 2009, and for eligible employees with dependents with a gross family 187.14income over 275 percent of the federal poverty guidelines, the participating employer shall 187.15pay the full cost of the premium established under paragraph (a) for the eligible employee, 187.16the employee's spouse, and any dependents, if applicable. The participating employer may 187.17require the employee to pay a portion of the cost of the premium so long as the employer 187.18pays at least 50 percent. If the employer requires the employee to pay a portion of the 187.19premium, the employee shall pay the portion of the cost to the employer. 187.20    (d) The commissioner shall collect premium payments from participating employers 187.21for eligible employees, spouses, and dependents who are covered by the program as 187.22provided under this section. All premiums collected shall be deposited in the health care 187.23access fund. 187.24    (e) Nonpayment of premiums by a participating employer will result in the 187.25disenrollment of all eligible employees, spouses, and dependents from the program 187.26effective the end of the month in which the premium was due.187.27    Subd. 5.Coverage.(a) The coverage offered to those enrolled in the program under 187.28this section shall include all health services described under section 256L.03 and all 187.29co-payments and coinsurance requirements under section 256L.03 shall apply except for 187.30as provided under paragraph (b).187.31    (b) Notwithstanding paragraph (a), the inpatient hospital benefit annual limit in 187.32section 256L.03, subdivision 3, does not apply to adult enrollees enrolled in the program 187.33under this section.187.34    Subd. 6.Enrollment.For purposes of enrollment under this section, income 187.35eligibility limits established under sections 256L.04 and 256L.07, asset limits established 187.36under section 256L.17, and the barriers established under section 256L.07, subdivision 2 188.1or 3, do not apply to applicants eligible for this program unless specified in this section. 188.2The residency requirement under section 256L.09 applies to this section.188.3    Subd. 7.Outreach.The commissioner shall provide information on the availability 188.4of this buy-in option for small employers and application forms to entities that provide 188.5insurance information to small employers, including, but not limited to, insurance agents 188.6and chambers of commerce. The commissioner shall establish an assistance fee of $25 per 188.7enrolled employee for such entities that assist eligible employers and their employees in 188.8applying to the program.188.9    Subd. 8.Provider payment.(a) Payment to providers under this section shall be 188.10the same rates and conditions under section 256L.12 except that payments for inpatient 188.11hospital services for employees without dependents and for the adult employees with 188.12dependents with gross family incomes greater than 200 percent of the federal poverty 188.13guidelines shall be paid according to paragraph (b).188.14    (b) The commissioner shall pay hospitals the medical assistance rate for inpatient 188.15hospital services established under section 256.969 minus the $20,000 annual inpatient 188.16benefit limit and any applicable co-payments or coinsurance requirements.188.17EFFECTIVE DATE.This section is effective January 1, 2009.188.18    Sec. 44. HENNEPIN COUNTY PILOT PROJECT.188.19    The commissioner of human services shall support a pilot project in Hennepin 188.20County to demonstrate the effectiveness of alternative strategies to redetermine eligibility 188.21for certain recipient populations in the medical assistance program. The target populations 188.22for the demonstration are persons who are eligible based upon disability or age, who have 188.23chronic medical conditions, and who are expected to experience minimal change in income 188.24or assets from month to month. The commissioner and the county shall analyze the issues 188.25and strategies employed and the outcomes to determine reasonable efforts to streamline 188.26eligibility statewide. The duration of the pilot project shall be no more than two years. 188.27The commissioner shall apply for any federal waivers needed to implement this section.188.28    Sec. 45. PHARMACY REPORT ON DRA IMPACT.188.29    Subdivision 1.Fiscal impact of deficit reduction act.The commissioner of 188.30human services shall report to the legislature by January 15, 2008, on the fiscal impact of 188.31Deficit Reduction Act reforms on the Minnesota Medicaid pharmacy program, including 188.32but not limited to:188.33    (1) overall cost reductions to the Minnesota Medicaid pharmacy program as a result 188.34of the Deficit Reduction Act of 2005;189.1    (2) the impact of reforms on the federal upper limit on pharmacy reimbursement, 189.2and the amount that the dispensing fee for multiple-source generic drugs would have to 189.3be adjusted to offset any reductions resulting from federal upper limits implemented as a 189.4result of the Deficit Reduction Act of 2005;189.5    (3) the change in federal rebates received from pharmaceutical manufacturers 189.6as a result of Deficit Reduction Act reforms, and strategies that could be employed in 189.7administering the Medicaid drug formulary to compensate for lost manufacturer rebates; 189.8    (4) a comparison of published federal upper limits and state maximum allowable 189.9cost (MAC) prices prior to and following implementation of the Deficit Reduction Act 189.10federal upper limit reforms;189.11    (5) the number of participating pharmacies in the program as of January 1, 2007, 189.12July 1, 2007, and November 1, 2007; and189.13    (6) the Minnesota Medicaid fee-for-service pharmacy program rate of generic 189.14dispensing before and after state implementation of Deficit Reduction Act of 2005 generic 189.15reimbursement reform.189.16EFFECTIVE DATE.This section is effective the day following final enactment.189.17    Sec. 46. CHIROPRACTIC COVERAGE.189.18    The commissioner of human services, through the Health Services Policy 189.19Committee established under Minnesota Statutes, section 256B.0625, subdivision 3c, and 189.20using existing funding, shall study whether medical assistance coverage for chiropractic 189.21services should be expanded to include initial and progress exams, and shall report 189.22recommendations to the legislature by January 15, 2008.189.23    Sec. 47. MINNESOTACARE APPLICATION PROCESSING CENTERS.189.24    If the commissioner of human services establishes regional out-state processing 189.25centers for MinnesotaCare application processing, one of the centers must be located in 189.26Granite Falls to provide processing services to the southern portion of the state.189.27    Sec. 48. IMPLEMENTATION.189.28    The commissioner of human services shall implement the amendments to Minnesota 189.29Statutes, sections 256.969, subdivision 9; 256.969, subdivision 27; and 256B.199, on the 189.30earliest date for which the Centers for Medicare and Medicaid Services grants approval. 189.31The commissioner may alter the reporting date for Hennepin County and Hennepin 189.32County Medical Center in Minnesota Statutes, section 256.969, subdivision 9, paragraph 189.33(f), clause (2), to reflect the approved effective date.190.1    Sec. 49.  REPEALER.190.2(a) Minnesota Statutes 2006, sections 256B.0631, subdivision 4; and 256L.035, are 190.3repealed effective January 1, 2008.190.4(b) Minnesota Statutes 2006, sections 256B.0625, subdivisions 5a, 5b, 5c, 5d, 5e, 5f, 190.55g, 5h, 5i, 5j, and 5k; and 256L.07, subdivision 2a, are repealed effective July 1, 2007.190.6ARTICLE 6190.7CONTINUING CARE POLICY190.8    Section 1. Minnesota Statutes 2006, section 144A.351, is amended to read:190.9144A.351 BALANCING LONG-TERM CARE: REPORT REQUIRED.190.10    The commissioners of health and human services, with the cooperation of counties 190.11and regional entities, shall prepare a report to the legislature by JanuaryAugust 15, 2004, 190.12and biennially thereafter, regarding the status of the full range of long-term care services 190.13for the elderly in Minnesota. The report shall address:190.14    (1) demographics and need for long-term care in Minnesota;190.15    (2) summary of county and regional reports on long-term care gaps, surpluses, 190.16imbalances, and corrective action plans;190.17    (3) status of long-term care services by county and region including:190.18    (i) changes in availability of the range of long-term care services and housing 190.19options;190.20    (ii) access problems regarding long-term care; and190.21    (iii) comparative measures of long-term care availability and progress over time; and190.22    (4) recommendations regarding goals for the future of long-term care services, 190.23policy changes, and resource needs.190.24    Sec. 2. Minnesota Statutes 2006, section 252.32, subdivision 3, is amended to read:190.25    Subd. 3. Amount of support grant; use. Support grant amounts shall be 190.26determined by the county social service agency. Services and items purchased with a 190.27support grant must:190.28    (1) be over and above the normal costs of caring for the dependent if the dependent 190.29did not have a disability;190.30    (2) be directly attributable to the dependent's disabling condition; and190.31    (3) enable the family to delay or prevent the out-of-home placement of the dependent.190.32    The design and delivery of services and items purchased under this section must 190.33suit the dependent's chronological age and be provided in the least restrictive environment 190.34possible, consistent with the needs identified in the individual service plan.191.1    Items and services purchased with support grants must be those for which there 191.2are no other public or private funds available to the family. Fees assessed to parents 191.3for health or human services that are funded by federal, state, or county dollars are not 191.4reimbursable through this program.191.5    In approving or denying applications, the county shall consider the following factors:191.6    (1) the extent and areas of the functional limitations of the disabled child;191.7    (2) the degree of need in the home environment for additional support; and191.8    (3) the potential effectiveness of the grant to maintain and support the person in 191.9the family environment.191.10    The maximum monthly grant amount shall be $250 per eligible dependent, or 191.11$3,000 per eligible dependent per state fiscal year, within the limits of available funds and 191.12as adjusted by any legislatively authorized cost of living adjustment. The county social 191.13service agency may consider the dependent's supplemental security income in determining 191.14the amount of the support grant.191.15    Any adjustments to their monthly grant amount must be based on the needs of the 191.16family and funding availability.191.17    Sec. 3. Minnesota Statutes 2006, section 256.476, subdivision 1, is amended to read:191.18    Subdivision 1. Purpose and goals. The commissioner of human services shall 191.19establish a consumer support grant program for individuals with functional limitations and 191.20their families who wish to purchase and secure their own supports. The commissioner and 191.21local agencies shall jointly develop an implementation plan which must include a way to 191.22resolve the issues related to county liability. The program shall:191.23    (1) make support grants available to individuals or families as an effective alternative 191.24to the developmental disability family support program, personal care attendant services, 191.25home health aide services, and private duty nursing services;191.26    (2) provide consumers more control, flexibility, and responsibility over their services 191.27and supports;191.28    (3) promote local program management and decision making; and191.29    (4) encourage the use of informal and typical community supports.191.30    Sec. 4. Minnesota Statutes 2006, section 256.476, subdivision 2, is amended to read:191.31    Subd. 2. Definitions. For purposes of this section, the following terms have the 191.32meanings given them:191.33    (a) "County board" means the county board of commissioners for the county of 191.34financial responsibility as defined in section 
         256G.02, subdivision 4, or its designated 192.1representative. When a human services board has been established under sections 
         402.01192.2to 
         402.10, it shall be considered the county board for the purposes of this section. 192.3    (b) "Family" means the person's birth parents, adoptive parents or stepparents, 192.4siblings or stepsiblings, children or stepchildren, grandparents, grandchildren, niece, 192.5nephew, aunt, uncle, or spouse. For the purposes of this section, a family member is 192.6at least 18 years of age.192.7    (c) "Functional limitations" means the long-term inability to perform an activity or 192.8task in one or more areas of major life activity, including self-care, understanding and use 192.9of language, learning, mobility, self-direction, and capacity for independent living. For the 192.10purpose of this section, the inability to perform an activity or task results from a mental, 192.11emotional, psychological, sensory, or physical disability, condition, or illness.192.12    (d) "Informed choice" means a voluntary decision made by the person or,192.13the person's legal representative, or other authorized representative after becoming 192.14familiarized with the alternatives to:192.15    (1) select a preferred alternative from a number of feasible alternatives;192.16    (2) select an alternative which may be developed in the future; and192.17    (3) refuse any or all alternatives.192.18    (e) "Local agency" means the local agency authorized by the county board or, 192.19for counties not participating in the consumer grant program by July 1, 2002, the 192.20commissioner, to carry out the provisions of this section.192.21    (f) "Person" or "persons" means a person or persons meeting the eligibility criteria in 192.22subdivision 3.192.23    (g) "Authorized representative" means an individual designated by the person or 192.24their legal representative to act on their behalf. This individual may be a family member, 192.25guardian, representative payee, or other individual designated by the person or their legal 192.26representative, if any, to assist in purchasing and arranging for supports. For the purposes 192.27of this section, an authorized representative is at least 18 years of age.192.28    (h) "Screening" means the screening of a person's service needs under sections 192.29256B.0911
          and 
         256B.092. 192.30    (i) "Supports" means services, care, aids, environmental modifications, or assistance 192.31purchased by the person or the person's family, the person's legal representative, or other 192.32authorized representative. Examples of supports include respite care, assistance with daily 192.33living, and assistive technology. For the purpose of this section, notwithstanding the 192.34provisions of section 
         144A.43, supports purchased under the consumer support program 192.35are not considered home care services. 193.1    (j) "Program of origination" means the program the individual transferred from 193.2when approved for the consumer support grant program.193.3    Sec. 5. Minnesota Statutes 2006, section 256.476, subdivision 3, is amended to read:193.4    Subd. 3. Eligibility to apply for grants. (a) A person is eligible to apply for a 193.5consumer support grant if the person meets all of the following criteria:193.6    (1) the person is eligible for and has been approved to receive services under 193.7medical assistance as determined under sections 
         256B.055 and 
         256B.056 or the person 193.8has been approved to receive a grant under the developmental disability family support 193.9program under section 
         252.32; 193.10    (2) the person is able to direct and purchase the person's own care and supports, or 193.11the person has a family member, legal representative, or other authorized representative 193.12who can purchase and arrange supports on the person's behalf;193.13    (3) the person has functional limitations, requires ongoing supports to live in the 193.14community, and is at risk of or would continue institutionalization without such supports; 193.15and193.16    (4) the person will live in a home. For the purpose of this section, "home" means the 193.17person's own home or home of a person's family member. These homes are natural home 193.18settings and are not licensed by the Department of Health or Human Services.193.19    (b) Persons may not concurrently receive a consumer support grant if they are:193.20    (1) receiving personal care attendant and home health aide services, or private duty 193.21nursing under section 
         256B.0625; a developmental disability family support grant; or 193.22alternative care services under section 
         256B.0913; or 193.23    (2) residing in an institutional or congregate care setting.193.24    (c) A person or person's family receiving a consumer support grant shall not be 193.25charged a fee or premium by a local agency for participating in the program.193.26    (d) Individuals receiving home and community-based waivers under United States 193.27Code, title 42, section 1396h(c), are not eligible for the consumer support grant, except 193.28for individuals receiving consumer support grants before July 1, 2003, as long as other 193.29eligibility criteria are met.193.30    (e) The commissioner shall establish a budgeted appropriation each fiscal year 193.31for the consumer support grant program. The number of individuals participating in 193.32the program will be adjusted so the total amount allocated to counties does not exceed 193.33the amount of the budgeted appropriation. The budgeted appropriation will be adjusted 193.34annually to accommodate changes in demand for the consumer support grants.194.1    Sec. 6. Minnesota Statutes 2006, section 256.476, subdivision 4, is amended to read:194.2    Subd. 4. Support grants; criteria and limitations. (a) A county board may 194.3choose to participate in the consumer support grant program. If a county has not chosen 194.4to participate by July 1, 2002, the commissioner shall contract with another county or 194.5other entity to provide access to residents of the nonparticipating county who choose 194.6the consumer support grant option. The commissioner shall notify the county board 194.7in a county that has declined to participate of the commissioner's intent to enter into 194.8a contract with another county or other entity at least 30 days in advance of entering 194.9into the contract. The local agency shall establish written procedures and criteria to 194.10determine the amount and use of support grants. These procedures must include, at least, 194.11the availability of respite care, assistance with daily living, and adaptive aids. The local 194.12agency may establish monthly or annual maximum amounts for grants and procedures 194.13where exceptional resources may be required to meet the health and safety needs of the 194.14person on a time-limited basis, however, the total amount awarded to each individual may 194.15not exceed the limits established in subdivision 11.194.16    (b) Support grants to a person or a person's family, a person's legal representative, 194.17or other authorized representative will be provided through a monthly subsidy payment 194.18and be in the form of cash, voucher, or direct county payment to vendor. Support grant 194.19amounts must be determined by the local agency. Each service and item purchased with a 194.20support grant must meet all of the following criteria:194.21    (1) it must be over and above the normal cost of caring for the person if the person 194.22did not have functional limitations;194.23    (2) it must be directly attributable to the person's functional limitations;194.24    (3) it must enable the person or the person's family, a person's legal representative, 194.25or other authorized representative to delay or prevent out-of-home placement of the 194.26person; and194.27    (4) it must be consistent with the needs identified in the service agreement, when 194.28applicable.194.29    (c) Items and services purchased with support grants must be those for which there 194.30are no other public or private funds available to the person or the person's family, a person's 194.31legal representative, or other authorized representative. Fees assessed to the person or the 194.32person's family for health and human services are not reimbursable through the grant.194.33    (d) In approving or denying applications, the local agency shall consider the 194.34following factors:194.35    (1) the extent and areas of the person's functional limitations;194.36    (2) the degree of need in the home environment for additional support; and195.1    (3) the potential effectiveness of the grant to maintain and support the person in the 195.2family environment or the person's own home.195.3    (e) At the time of application to the program or screening for other services, 195.4the person or the person's family, a person's legal representative, or other authorized 195.5representative shall be provided sufficient information to ensure an informed choice 195.6of alternatives by the person, the person's legal representative, or other authorized 195.7representative, if any, or the person's family. The application shall be made to the local 195.8agency and shall specify the needs of the person and family, the form and amount of 195.9grant requested, the items and services to be reimbursed, and evidence of eligibility for 195.10medical assistance.195.11    (f) Upon approval of an application by the local agency and agreement on a support 195.12plan for the person or person's family, the local agency shall make grants to the person or 195.13the person's family. The grant shall be in an amount for the direct costs of the services or 195.14supports outlined in the service agreement.195.15    (g) Reimbursable costs shall not include costs for resources already available, such as 195.16special education classes, day training and habilitation, case management, other services to 195.17which the person is entitled, medical costs covered by insurance or other health programs, 195.18or other resources usually available at no cost to the person or the person's family.195.19    (h) The state of Minnesota, the county boards participating in the consumer 195.20support grant program, or the agencies acting on behalf of the county boards in the 195.21implementation and administration of the consumer support grant program shall not be 195.22liable for damages, injuries, or liabilities sustained through the purchase of support by 195.23the individual, the individual's family, or the authorized representative under this section 195.24with funds received through the consumer support grant program. Liabilities include but 195.25are not limited to: workers' compensation liability, the Federal Insurance Contributions 195.26Act (FICA), or the Federal Unemployment Tax Act (FUTA). For purposes of this section, 195.27participating county boards and agencies acting on behalf of county boards are exempt 195.28from the provisions of section 
         268.04.195.29    Sec. 7. Minnesota Statutes 2006, section 256.476, subdivision 5, is amended to read:195.30    Subd. 5. Reimbursement, allocations, and reporting. (a) For the purpose of 195.31transferring persons to the consumer support grant program from the developmental 195.32disability family support program and personal care assistant services, home health 195.33aide services, or private duty nursing services, the amount of funds transferred by the 195.34commissioner between the developmental disability family support program account, the 195.35medical assistance account, or the consumer support grant account shall be based on each 196.1county's participation in transferring persons to the consumer support grant program 196.2from those programs and services.196.3    (b) At the beginning of each fiscal year, county allocations for consumer support 196.4grants shall be based on:196.5    (1) the number of persons to whom the county board expects to provide consumer 196.6supports grants;196.7    (2) their eligibility for current program and services;196.8    (3) the amount of nonfederal dollars allowed under subdivision 11; and196.9    (4) projected dates when persons will start receiving grants. County allocations shall 196.10be adjusted periodically by the commissioner based on the actual transfer of persons or 196.11service openings, and the nonfederal dollars associated with those persons or service 196.12openings, to the consumer support grant program.196.13    (c) The amount of funds transferred by the commissioner from the medical 196.14assistance account for an individual may be changed if it is determined by the county or its 196.15agent that the individual's need for support has changed.196.16    (d) The authority to utilize funds transferred to the consumer support grant account 196.17for the purposes of implementing and administering the consumer support grant program 196.18will not be limited or constrained by the spending authority provided to the program 196.19of origination.196.20    (e) The commissioner may use up to five percent of each county's allocation, as 196.21adjusted, for payments for administrative expenses, to be paid as a proportionate addition 196.22to reported direct service expenditures.196.23    (f) The county allocation for each individual or individual's family cannot exceed 196.24the amount allowed under subdivision 11.196.25    (g) The commissioner may recover, suspend, or withhold payments if the county 196.26board, local agency, or grantee does not comply with the requirements of this section.196.27    (h) Grant funds unexpended by consumers shall return to the state once a year. The 196.28annual return of unexpended grant funds shall occur in the quarter following the end of 196.29the state fiscal year.196.30    Sec. 8. Minnesota Statutes 2006, section 256.476, subdivision 10, is amended to read:196.31    Subd. 10. Consumer responsibilities. Persons receiving grants under this section 196.32shall:196.33    (1) spend the grant money in a manner consistent with their agreement with the 196.34local agency;197.1    (2) notify the local agency of any necessary changes in the grant or the items on 197.2which it is spent;197.3    (3) notify the local agency of any decision made by the person, the a person's legal 197.4representative, or the person's family or other authorized representative that would change 197.5their eligibility for consumer support grants;197.6    (4) arrange and pay for supports; and197.7    (5) inform the local agency of areas where they have experienced difficulty securing 197.8or maintaining supports.197.9    Sec. 9. Minnesota Statutes 2006, section 256.974, is amended to read:197.10256.974 OFFICE OF OMBUDSMAN FOR OLDER MINNESOTANS197.11LONG-TERM CARE; LOCAL PROGRAMS.197.12    The ombudsman for older Minnesotans long-term care serves in the classified service 197.13under section 
         256.01, subdivision 7, in an office within the Minnesota Board on Aging that 197.14incorporates the long-term care ombudsman program required by the Older Americans 197.15Act, Public Law 100-75 as amended, United States Code, title 42, section 3027(a)(12)197.16(9) and 3058g (a), and established within the Minnesota Board on Aging. The Minnesota 197.17Board on Aging may make grants to and designate local programs for the provision of 197.18ombudsman services to clients in county or multicounty areas. The local program may not 197.19be an agency engaged in the provision of nursing home care, hospital care, or home care 197.20services either directly or by contract, or have the responsibility for planning, coordinating, 197.21funding, or administering nursing home care, hospital care, or home care services.197.22    Sec. 10. Minnesota Statutes 2006, section 256.9741, subdivision 1, is amended to read:197.23    Subdivision 1. Long-term care facility. "Long-term care facility" means a nursing 197.24home licensed under sections 
         144A.02 to 
         144A.10or; a boarding care home licensed 197.25under sections 
         144.50 to 
         144.56; or a licensed or registered residential setting that provides 197.26or arranges for the provision of home care services. 197.27    Sec. 11. Minnesota Statutes 2006, section 256.9741, subdivision 3, is amended to read:197.28    Subd. 3. Client. "Client" means an individual who requests, or on whose behalf a 197.29request is made for, ombudsman services and is (a) a resident of a long-term care facility 197.30or (b) a Medicare beneficiary who requests assistance relating to access, discharge, or 197.31denial of inpatient or outpatient services, or (c) an individual reserving, receiving, or 197.32requesting a home care service.198.1    Sec. 12. Minnesota Statutes 2006, section 256.9742, subdivision 3, is amended to read:198.2    Subd. 3. Posting. Every long-term care facility and acute care facility shall post in a 198.3conspicuous place the address and telephone number of the office. A home care service 198.4provider shall provide all recipients, including those in elderly housing with services 198.5under chapter 144D, with the address and telephone number of the office. Counties shall 198.6provide clients receiving a consumer support grant or a service allowancelong-term care 198.7consultation services under section 256B.0911 or home and community-based services 198.8through a state or federally funded program with the name, address, and telephone number 198.9of the office. The posting or notice is subject to approval by the ombudsman.198.10    Sec. 13. Minnesota Statutes 2006, section 256.9742, subdivision 4, is amended to read:198.11    Subd. 4. Access to long-term care and acute care facilities and clients. The 198.12ombudsman or designee may:198.13    (1) enter any long-term care facility without notice at any time;198.14    (2) enter any acute care facility without notice during normal business hours;198.15    (3) enter any acute care facility without notice at any time to interview a patient or 198.16observe services being provided to the patient as part of an investigation of a matter that is 198.17within the scope of the ombudsman's authority, but only if the ombudsman's or designee's 198.18presence does not intrude upon the privacy of another patient or interfere with routine 198.19hospital services provided to any patient in the facility;198.20    (4) communicate privately and without restriction with any client in accordance 198.21with section 144.651, as long as the ombudsman has the client's consent for such 198.22communication; 198.23    (5) inspect records of a long-term care facility, home care service provider, or acute 198.24care facility that pertain to the care of the client according to sectionssection 144.335and 198.25144.651; and 198.26    (6) with the consent of a client or client's legal guardian, the ombudsman or 198.27designated staff shall have access to review records pertaining to the care of the client 198.28according to sectionssection 144.335and 144.651. If a client cannot consent and has no 198.29legal guardian, access to the records is authorized by this section. 198.30    A person who denies access to the ombudsman or designee in violation of this 198.31subdivision or aids, abets, invites, compels, or coerces another to do so is guilty of a 198.32misdemeanor.198.33    Sec. 14. Minnesota Statutes 2006, section 256.9742, subdivision 6, is amended to read:199.1    Subd. 6. Prohibition against discrimination or retaliation. (a) No entity shall take 199.2discriminatory, disciplinary, or retaliatory action against an employee or volunteer, or a 199.3patient, resident, or guardian or family member of a patient, resident, or guardian for filing 199.4in good faith a complaint with or providing information to the ombudsman or designee 199.5including volunteers. A person who violates this subdivision or who aids, abets, invites, 199.6compels, or coerces another to do so is guilty of a misdemeanor.199.7    (b) There shall be a rebuttable presumption that any adverse action, as defined below, 199.8within 90 days of report, is discriminatory, disciplinary, or retaliatory. For the purpose 199.9of this clause, the term "adverse action" refers to action taken by the entity involved in a 199.10report against the person making the report or the person with respect to whom the report 199.11was made because of the report, and includes, but is not limited to:199.12    (1) discharge or transfer from a facility;199.13    (2) termination of service;199.14    (3) restriction or prohibition of access to the facility or its residents;199.15    (4) discharge from or termination of employment;199.16    (5) demotion or reduction in remuneration for services; and199.17    (6) any restriction of rights set forth in section 
         144.651or,144A.44, or 144A.751. 199.18    Sec. 15. Minnesota Statutes 2006, section 256.9744, subdivision 1, is amended to read:199.19    Subdivision 1. Classification. Except as provided in this section, data maintained 199.20by the office under sections 
         256.974 to 
         256.9744 are private data on individuals or 199.21nonpublic data as defined in section 
         13.02, subdivision 9 or 12, and must be maintained 199.22in accordance with the requirements of Public Law 100-75 the Older Americans Act, as 199.23amended, United States Code, title 42, section 3027(a)(12)(D) 3058g(d).199.24    Sec. 16. Minnesota Statutes 2006, section 256.975, is amended by adding a subdivision 199.25to read:199.26    Subd. 2a.Electronic meetings.(a) Notwithstanding section 13D.01, the Minnesota 199.27Board on Aging may conduct a meeting of its members by telephone or other electronic 199.28means so long as the following conditions are met:199.29    (1) all members of the board participating in the meeting, wherever their physical 199.30location, can hear one another and can hear all discussion and testimony;199.31    (2) members of the public present at the regular meeting location of the board can 199.32hear all discussion and testimony and all votes of members of the board;199.33    (3) at least one member of the board is physically present at the regular meeting 199.34location; and200.1    (4) all votes are conducted by roll call, so that each member's vote on each issue 200.2can be identified and recorded.200.3    (b) Each member of the board participating in a meeting by telephone or other 200.4electronic means is considered present at the meeting for purposes of determining a 200.5quorum and participating in all proceedings.200.6    (c) If telephone or other electronic means is used to conduct a meeting, the board, 200.7to the extent practical, shall allow a person to monitor the meeting electronically from 200.8a remote location. The board may require the person making a connection to pay for 200.9documented marginal costs that the board incurs as a result of the additional connection.200.10    (d) If telephone or other electronic means is used to conduct a regular, special, or 200.11emergency meeting, the board shall provide notice of the regular meeting location, of the 200.12fact that some members may participate by telephone or other electronic means, and of 200.13the provisions of paragraph (c). The timing and method of providing notice is governed 200.14by section 13D.04.200.15    Sec. 17. Minnesota Statutes 2006, section 256B.0621, subdivision 11, is amended to 200.16read:200.17    Subd. 11. Data use agreement; Notice of relocation assistance. The commissioner 200.18shall execute a data use agreement with the Centers for Medicare and Medicaid Services 200.19to obtain the long-term care minimum data set data to assist residents of nursing facilities 200.20who have establish a process with the Centers for Independent Living that allows a person 200.21residing in a Minnesota nursing facility to receive needed information, consultation, and 200.22assistance from one of the centers about the available community support options that may 200.23enable the person to relocate to the community, if the person: (1) is under the age of 65, 200.24(2) has indicated a desire to live in the community. The commissioner shall in turn enter 200.25into agreements with the Centers for Independent Living to provide information about 200.26assistance for persons who want to move to the community. The commissioner shall work 200.27with the Centers for Independent Living on both the content of the information to be 200.28provided and privacy protections for the individual residents, and (3) has signed a release 200.29of information authorized by the person or the person's appointed legal representative. 200.30The process established under this subdivision shall be coordinated with the long-term 200.31care consultation service activities established in section 256B.0911.200.32    Sec. 18. Minnesota Statutes 2006, section 256B.0625, subdivision 23, is amended to 200.33read:201.1    Subd. 23. Day treatment services. Medical assistance covers day treatment 201.2services as specified in sections 
         245.462, subdivision 8, and 
         245.4871, subdivision 10, that 201.3are provided under contract with the county board. Notwithstanding Minnesota Rules, 201.4part 9505.0323, subpart 15, the commissioner may set authorization thresholds for day 201.5treatment for adults according to section 
         256B.0625, subdivision 25. Notwithstanding 201.6Minnesota Rules, part 9505.0323, subpart 15, effective July 1, 2004, medical assistance 201.7covers day treatment services for children as specified under section 
         256B.0943. 201.8    Sec. 19. Minnesota Statutes 2006, section 256B.0655, subdivision 1f, is amended to 201.9read:201.10    Subd. 1f. Personal care assistant.(a) "Personal care assistant" means a person who:201.11    (1) is at least 18 years old, except for persons 16 to 18 years of age who participated 201.12in a related school-based job training program or have completed a certified home health 201.13aide competency evaluation;201.14    (2) is able to effectively communicate with the recipient and personal care provider 201.15organization;201.16    (3) effective July 1, 1996, has completed one of the training requirements as 201.17specified in Minnesota Rules, part 9505.0335, subpart 3, items A to E paragraph (b);201.18    (4) has the ability to, and provides covered personal care assistant services according 201.19to the recipient's care plan, responds appropriately to recipient needs, and reports changes 201.20in the recipient's condition to the supervising qualified professional or physician;201.21    (5) is not a consumer of personal care assistant services;201.22    (6) maintains daily written records detailing:201.23    (i) the actual services provided to the recipient; and201.24    (ii) the amount of time spent providing the services; and201.25    (7) is subject to criminal background checks and procedures specified in chapter 201.26245C.201.27    (b) Personal care assistant training must include successful completion of one or 201.28more training requirements in:201.29    (1) a nursing assistant training program or its equivalent for which competency as a 201.30nursing assistant is determined according to a test administered by the Minnesota State 201.31Board of Technical Colleges;201.32    (2) a homemaker home health aide preservice training program using a curriculum 201.33recommended by the Department of Health;201.34    (3) an accredited educational program for registered nurses or licensed practical 201.35nurses;202.1    (4) a training program that provides the assistant with skills required to perform 202.2personal care assistant services specified in subdivision 2; or202.3    (5) a determination by the personal care provider that the assistant has, through 202.4training or experience, the skills required to perform the personal care services specified in 202.5subdivision 2.202.6    Sec. 20. Minnesota Statutes 2006, section 256B.0655, is amended by adding a 202.7subdivision to read:202.8    Subd. 12.Personal care provider responsibilities.The personal care provider 202.9shall:202.10    (1) employ or contract with services staff to provide personal care services and to 202.11train services staff as necessary;202.12    (2) supervise the personal care services as provided in subdivision 2, paragraph (f);202.13    (3) employ a personal care assistant that a qualified recipient brings to the personal 202.14care provider as the recipient's choice of assistant and who meets the employment 202.15qualifications of the provider, except that a personal care provider who must comply with 202.16the requirements of a governmental personnel administration system is exempt from 202.17this clause;202.18    (4) bill the medical assistance program for a personal care service by the personal 202.19care assistant and a visit by the qualified professional supervising the personal care 202.20assistant;202.21    (5) establish a grievance mechanism to resolve consumer complaints about personal 202.22care services, including the personal care provider's decision whether to employ the 202.23qualified recipient's choice of a personal care assistant;202.24    (6) keep records as required in Minnesota Rules, parts 9505.2160 to 9505.2195;202.25    (7) perform functions and provide services specified in the personal care provider's 202.26contract;202.27    (8) comply with applicable rules and statutes; and202.28    (9) perform other functions as necessary to carry out the responsibilities in clauses 202.29(1) to (8).202.30    Sec. 21. Minnesota Statutes 2006, section 256B.0655, is amended by adding a 202.31subdivision to read:202.32    Subd. 13.Personal care provider; employment prohibition.A personal care 202.33provider shall not employ a person to provide personal care service for a qualified 202.34recipient if the person:203.1    (1) refuses to provide full disclosure of criminal history records as specified in 203.2subdivision 1g, clause (1);203.3    (2) has been convicted of a crime that directly relates to the occupation of providing 203.4personal care services to a qualified recipient;203.5    (3) has jeopardized the health or welfare of a vulnerable adult through physical 203.6abuse, sexual abuse, or neglect as defined in section 626.557; or203.7    (4) is misusing or is dependent on mood-altering chemicals, including alcohol, to 203.8the extent that the personal care provider knows or has reason to believe that the use of 203.9chemicals has a negative effect on the person's ability to provide personal care services 203.10or the use of chemicals is apparent during the hours the person is providing personal 203.11care services.203.12    Sec. 22. Minnesota Statutes 2006, section 256B.0655, is amended by adding a 203.13subdivision to read:203.14    Subd. 14.Supervision of personal care services.A personal care service to a 203.15qualified recipient as described in subdivision 4 shall be under the supervision of a 203.16qualified professional who shall have the following duties:203.17    (1) ensure that the personal care assistant is capable of providing the required 203.18personal care services through direct observation of the assistant's work or through 203.19consultation with the qualified recipient;203.20    (2) ensure that the personal care assistant is knowledgeable about the plan of 203.21personal care services before the personal care assistant performs personal care services;203.22    (3) ensure that the personal care assistant is knowledgeable about essential 203.23observations of the recipient's health, and about any conditions that should be immediately 203.24brought to the attention of either the qualified professional or the attending physician;203.25    (4) evaluate the personal care services of a recipient through direct observation of 203.26the personal care assistant's work or through consultation with the qualified recipient. 203.27Evaluation shall be made:203.28    (i) within 14 days after the placement of a personal care assistant with the qualified 203.29recipient;203.30    (ii) at least once every 30 days during the first 90 days after the qualified recipient 203.31first receives personal care services according to the plan of personal care service; and203.32    (iii) at least once every 120 days following the period of evaluations in item (ii). The 203.33qualified professional shall record in writing the results of the evaluation and actions taken 203.34to correct any deficiencies in the work of the personal care assistant;204.1    (5) review, together with the recipient, and revise, as necessary, the plan of 204.2personal care services at least once every 120 days after a plan of personal care services 204.3is developed;204.4    (6) ensure that the personal care assistant and recipient are knowledgeable about a 204.5change in the plan of personal care services;204.6    (7) ensure that records are kept, showing the services provided to the recipient 204.7by the personal care assistant as described in subdivision 2, paragraph (f), and the time 204.8spent providing the services;204.9    (8) determine that a qualified recipient is still capable of directing the recipient's 204.10own care or has a responsible party; and204.11    (9) determine with a physician that a recipient is a qualified recipient.204.12    Sec. 23. Minnesota Statutes 2006, section 256B.0911, subdivision 3b, is amended to 204.13read:204.14    Subd. 3b. Transition assistance. (a) A long-term care consultation team shall 204.15provide assistance to persons residing in a nursing facility, hospital, regional treatment 204.16center, or intermediate care facility for persons with developmental disabilities who 204.17request or are referred for assistance. Transition assistance must include assessment, 204.18community support plan development, referrals to Minnesota health care programs, 204.19and referrals to programs that provide assistance with housing. Transition assistance 204.20must also include information about the Centers for Independent Living and about other 204.21organizations that can provide assistance with relocation efforts, and information about 204.22contacting these organizations to obtain their assistance and support. 204.23    (b) The county shall develop transition processes with institutional social workers 204.24and discharge planners to ensure that:204.25    (1) persons admitted to facilities receive information about transition assistance 204.26that is available;204.27    (2) the assessment is completed for persons within ten working days of the date of 204.28request or recommendation for assessment; and204.29    (3) there is a plan for transition and follow-up for the individual's return to the 204.30community. The plan must require notification of other local agencies when a person 204.31who may require assistance is screened by one county for admission to a facility located 204.32in another county.204.33    (c) If a person who is eligible for a Minnesota health care program is admitted to a 204.34nursing facility, the nursing facility must include a consultation team member or the case 204.35manager in the discharge planning process.205.1    Sec. 24. Minnesota Statutes 2006, section 256B.0911, subdivision 4b, is amended to 205.2read:205.3    Subd. 4b. Exemptions and emergency admissions. (a) Exemptions from the 205.4federal screening requirements outlined in subdivision 4a, paragraphs (b) and (c), are 205.5limited to:205.6    (1) a person who, having entered an acute care facility from a certified nursing 205.7facility, is returning to a certified nursing facility;205.8    (2) a person transferring from one certified nursing facility in Minnesota to another 205.9certified nursing facility in Minnesota; and205.10    (3) a person, 21 years of age or older, who satisfies the following criteria, as specified 205.11in Code of Federal Regulations, title 42, section 483.106(b)(2):205.12    (i) the person is admitted to a nursing facility directly from a hospital after receiving 205.13acute inpatient care at the hospital;205.14    (ii) the person requires nursing facility services for the same condition for which 205.15care was provided in the hospital; and205.16    (iii) the attending physician has certified before the nursing facility admission that 205.17the person is likely to receive less than 30 days of nursing facility services.205.18    (b) Persons who are exempt from preadmission screening for purposes of level of 205.19care determination include:205.20    (1) persons described in paragraph (a);205.21    (2) an individual who has a contractual right to have nursing facility care paid for 205.22indefinitely by the veterans' administration;205.23    (3) an individual enrolled in a demonstration project under section 
         256B.69, 205.24subdivision 8
         , at the time of application to a nursing facility; and205.25    (4) an individual currently being served under the alternative care program or under 205.26a home and community-based services waiver authorized under section 1915(c) of the 205.27federal Social Security Act; and.205.28    (5) individuals admitted to a certified nursing facility for a short-term stay, which 205.29is expected to be 14 days or less in duration based upon a physician's certification, and 205.30who have been assessed and approved for nursing facility admission within the previous 205.31six months. This exemption applies only if the consultation team member determines at 205.32the time of the initial assessment of the six-month period that it is appropriate to use the 205.33nursing facility for short-term stays and that there is an adequate plan of care for return to 205.34the home or community-based setting. If a stay exceeds 14 days, the individual must be 205.35referred no later than the first county working day following the 14th resident day for a 205.36screening, which must be completed within five working days of the referral. The payment 206.1limitations in subdivision 7 apply to an individual found at screening to not meet the level 206.2of care criteria for admission to a certified nursing facility.206.3    (c) Persons admitted to a Medicaid-certified nursing facility from the community 206.4on an emergency basis as described in paragraph (d) or from an acute care facility on a 206.5nonworking day must be screened the first working day after admission.206.6    (d) Emergency admission to a nursing facility prior to screening is permitted when 206.7all of the following conditions are met:206.8    (1) a person is admitted from the community to a certified nursing or certified 206.9boarding care facility during county nonworking hours;206.10    (2) a physician has determined that delaying admission until preadmission screening 206.11is completed would adversely affect the person's health and safety;206.12    (3) there is a recent precipitating event that precludes the client from living safely in 206.13the community, such as sustaining an injury, sudden onset of acute illness, or a caregiver's 206.14inability to continue to provide care;206.15    (4) the attending physician has authorized the emergency placement and has 206.16documented the reason that the emergency placement is recommended; and206.17    (5) the county is contacted on the first working day following the emergency 206.18admission.206.19Transfer of a patient from an acute care hospital to a nursing facility is not considered 206.20an emergency except for a person who has received hospital services in the following 206.21situations: hospital admission for observation, care in an emergency room without hospital 206.22admission, or following hospital 24-hour bed care.206.23    (e) A nursing facility must provide a written notice to persons who satisfy the criteria 206.24in paragraph (a), clause (3),information to all persons admitted regarding the person's 206.25right to request and receive long-term care consultation services as defined in subdivision 206.261a. The noticeinformation must be provided prior to the person's discharge from the 206.27facility and in a format specified by the commissioner.206.28    Sec. 25. Minnesota Statutes 2006, section 256B.0911, subdivision 4c, is amended to 206.29read:206.30    Subd. 4c. Screening requirements. (a) A person may be screened for nursing 206.31facility admission by telephone or in a face-to-face screening interview. Consultation team 206.32members shall identify each individual's needs using the following categories:206.33    (1) the person needs no face-to-face screening interview to determine the need 206.34for nursing facility level of care based on information obtained from other health care 206.35professionals;207.1    (2) the person needs an immediate face-to-face screening interview to determine the 207.2need for nursing facility level of care and complete activities required under subdivision 207.34a; or207.4    (3) the person may be exempt from screening requirements as outlined in subdivision 207.54b, but will need transitional assistance after admission or in-person follow-along after 207.6a return home.207.7    (b) Persons admitted on a nonemergency basis to a Medicaid-certified nursing 207.8facility must be screened prior to admission.207.9    (c) The long-term care consultation team shall recommend a case mix classification 207.10for persons admitted to a certified nursing facility when sufficient information is received 207.11to make that classification. The nursing facility is authorized to conduct all case mix 207.12assessments for persons who have been screened prior to admission for whom the county 207.13did not recommend a case mix classification. The nursing facility is authorized to conduct 207.14all case mix assessments for persons admitted to the facility prior to a preadmission 207.15screening. The county retains the responsibility of distributing appropriate case mix 207.16forms to the nursing facility.207.17    (d) (c) The county screening or intake activity must include processes to identify 207.18persons who may require transition assistance as described in subdivision 3b.207.19    Sec. 26. Minnesota Statutes 2006, section 256B.0911, subdivision 6, is amended to 207.20read:207.21    Subd. 6. Payment for long-term care consultation services. (a) The total payment 207.22for each county must be paid monthly by certified nursing facilities in the county. The 207.23monthly amount to be paid by each nursing facility for each fiscal year must be determined 207.24by dividing the county's annual allocation for long-term care consultation services by 12 207.25to determine the monthly payment and allocating the monthly payment to each nursing 207.26facility based on the number of licensed beds in the nursing facility. Payments to counties 207.27in which there is no certified nursing facility must be made by increasing the payment 207.28rate of the two facilities located nearest to the county seat.207.29    (b) The commissioner shall include the total annual payment determined under 207.30paragraph (a) for each nursing facility reimbursed under section 
         256B.431 or 
         256B.434207.31according to section 
         256B.431, subdivision 2b, paragraph (g), or 256B.435.207.32    (c) In the event of the layaway, delicensure and decertification, or removal from 207.33layaway of 25 percent or more of the beds in a facility, the commissioner may adjust 207.34the per diem payment amount in paragraph (b) and may adjust the monthly payment 207.35amount in paragraph (a). The effective date of an adjustment made under this paragraph 208.1shall be on or after the first day of the month following the effective date of the layaway, 208.2delicensure and decertification, or removal from layaway.208.3    (d) Payments for long-term care consultation services are available to the county 208.4or counties to cover staff salaries and expenses to provide the services described in 208.5subdivision 1a. The county shall employ, or contract with other agencies to employ, within 208.6the limits of available funding, sufficient personnel to provide long-term care consultation 208.7services while meeting the state's long-term care outcomes and objectives as defined in 208.8section 
         256B.0917, subdivision 1. The county shall be accountable for meeting local 208.9objectives as approved by the commissioner in the biennial home and community-based 208.10services quality assurance plan on a form provided by the commissioner.208.11    (e) Notwithstanding section 
         256B.0641, overpayments attributable to payment of the 208.12screening costs under the medical assistance program may not be recovered from a facility.208.13    (f) The commissioner of human services shall amend the Minnesota medical 208.14assistance plan to include reimbursement for the local consultation teams.208.15    (g) The county may bill, as case management services, assessments, support 208.16planning, and follow-along provided to persons determined to be eligible for case 208.17management under Minnesota health care programs. No individual or family member 208.18shall be charged for an initial assessment or initial support plan development provided 208.19under subdivision 3a or 3b.208.20    Sec. 27. Minnesota Statutes 2006, section 256B.0911, is amended by adding a 208.21subdivision to read:208.22    Subd. 6a.Withholding.If any provider obligated to pay the long-term care 208.23consultation amount as described in subdivision 6 is more than two months delinquent in 208.24the timely payment of the monthly installment, the commissioner may withhold payments, 208.25penalties, and interest in accordance with the methods outlined in section 256.9657, 208.26subdivision 7a. Any amount withheld under this provision must be returned to the county 208.27to whom the delinquent payments were due.208.28    Sec. 28. Minnesota Statutes 2006, section 256B.0911, subdivision 7, is amended to 208.29read:208.30    Subd. 7. Reimbursement for certified nursing facilities. (a) Medical assistance 208.31reimbursement for nursing facilities shall be authorized for a medical assistance recipient 208.32only if a preadmission screening has been conducted prior to admission or the county has 208.33authorized an exemption. Medical assistance reimbursement for nursing facilities shall 208.34not be provided for any recipient who the local screener has determined does not meet the 209.1level of care criteria for nursing facility placement or, if indicated, has not had a level II 209.2OBRA evaluation as required under the federal Omnibus Budget Reconciliation Act of 209.31987 completed unless an admission for a recipient with mental illness is approved by the 209.4local mental health authority or an admission for a recipient with developmental disability 209.5is approved by the state developmental disability authority.209.6    (b) The nursing facility must not bill a person who is not a medical assistance 209.7recipient for resident days that preceded the date of completion of screening activities as 209.8required under subdivisions 4a, 4b, and 4c. The nursing facility must include unreimbursed 209.9resident days in the nursing facility resident day totals reported to the commissioner.209.10    (c) The commissioner shall make a request to the Centers for Medicare and Medicaid 209.11Services for a waiver allowing team approval of Medicaid payments for certified nursing 209.12facility care. An individual has a choice and makes the final decision between nursing 209.13facility placement and community placement after the screening team's recommendation, 209.14except as provided in subdivision 4a, paragraph (c).209.15    Sec. 29. Minnesota Statutes 2006, section 256B.0913, subdivision 4, is amended to 209.16read:209.17    Subd. 4. Eligibility for funding for services for nonmedical assistance recipients.209.18    (a) Funding for services under the alternative care program is available to persons who 209.19meet the following criteria:209.20    (1) the person has been determined by a community assessment under section 209.21256B.0911
          to be a person who would require the level of care provided in a nursing 209.22facility, but for the provision of services under the alternative care program;209.23    (2) the person is age 65 or older;209.24    (3) the person would be eligible for medical assistance within 135 days of admission 209.25to a nursing facility;209.26    (4) the person is not ineligible for the payment of long-term care services by the209.27medical assistance program due to an asset transfer penalty under section 256B.0595 or 209.28equity interest in the home exceeding $500,000 as stated in section 256B.056;209.29    (5) the person needs long-term care services that are not funded through other state 209.30or federal funding;209.31    (6) the monthly cost of the alternative care services funded by the program for 209.32this person does not exceed 75 percent of the monthly limit described under section 209.33256B.0915, subdivision 3a
         . This monthly limit does not prohibit the alternative care client 209.34from payment for additional services, but in no case may the cost of additional services 209.35purchased under this section exceed the difference between the client's monthly service 210.1limit defined under section 
         256B.0915, subdivision 3, and the alternative care program 210.2monthly service limit defined in this paragraph. If medical care-related supplies and 210.3equipment or environmental modifications and adaptations are or will be purchased for 210.4an alternative care services recipient, the costs may be prorated on a monthly basis for 210.5up to 12 consecutive months beginning with the month of purchase. If the monthly cost 210.6of a recipient's other alternative care services exceeds the monthly limit established in 210.7this paragraph, the annual cost of the alternative care services shall be determined. In this 210.8event, the annual cost of alternative care services shall not exceed 12 times the monthly 210.9limit described in this paragraph; and210.10    (7) the person is making timely payments of the assessed monthly fee.210.11A person is ineligible if payment of the fee is over 60 days past due, unless the person 210.12agrees to:210.13    (i) the appointment of a representative payee;210.14    (ii) automatic payment from a financial account;210.15    (iii) the establishment of greater family involvement in the financial management of 210.16payments; or210.17    (iv) another method acceptable to the county lead agency to ensure prompt fee 210.18payments.210.19    The county shall lead agency may extend the client's eligibility as necessary while 210.20making arrangements to facilitate payment of past-due amounts and future premium 210.21payments. Following disenrollment due to nonpayment of a monthly fee, eligibility shall 210.22not be reinstated for a period of 30 days.210.23    (b) Alternative care funding under this subdivision is not available for a person 210.24who is a medical assistance recipient or who would be eligible for medical assistance 210.25without a spenddown or waiver obligation. A person whose initial application for medical 210.26assistance and the elderly waiver program is being processed may be served under the 210.27alternative care program for a period up to 60 days. If the individual is found to be eligible 210.28for medical assistance, medical assistance must be billed for services payable under the 210.29federally approved elderly waiver plan and delivered from the date the individual was 210.30found eligible for the federally approved elderly waiver plan. Notwithstanding this 210.31provision, alternative care funds may not be used to pay for any service the cost of which: 210.32(i) is payable by medical assistance; (ii) is used by a recipient to meet a waiver obligation; 210.33or (iii) is used to pay a medical assistance income spenddown for a person who is eligible 210.34to participate in the federally approved elderly waiver program under the special income 210.35standard provision.211.1    (c) Alternative care funding is not available for a person who resides in a licensed 211.2nursing home, certified boarding care home, hospital, or intermediate care facility, except 211.3for case management services which are provided in support of the discharge planning 211.4process for a nursing home resident or certified boarding care home resident to assist with 211.5a relocation process to a community-based setting.211.6    (d) Alternative care funding is not available for a person whose income is greater 211.7than the maintenance needs allowance under section 
         256B.0915, subdivision 1d, but equal 211.8to or less than 120 percent of the federal poverty guideline effective July 1 in the fiscal211.9year for which alternative care eligibility is determined, who would be eligible for the 211.10elderly waiver with a waiver obligation.211.11    Sec. 30. Minnesota Statutes 2006, section 256B.0913, subdivision 5, is amended to 211.12read:211.13    Subd. 5. Services covered under alternative care. Alternative care funding may 211.14be used for payment of costs of:211.15    (1) adult day care;211.16    (2) home health aide;211.17    (3) homemaker services;211.18    (4) personal care;211.19    (5) case management;211.20    (6) respite care;211.21    (7) care-related supplies and equipment;211.22    (8) meals delivered to the home;211.23    (9) nonmedical transportation;211.24    (10) nursing services;211.25    (11) chore services;211.26    (12) companion services;211.27    (13) nutrition services;211.28    (14) training for direct informal caregivers;211.29    (15) telehome care to provide services in their own homes in conjunction with 211.30in-home visits;211.31    (16) discretionary services, for which counties may make payment from their 211.32alternative care program allocation or services not otherwise defined in this section 211.33or section 256B.0625, following approval by the commissioner consumer-directed 211.34community services under the alternative care programs which are available statewide and 211.35limited to the average monthly expenditures representative of all alternative care program 212.1participants for the same case mix resident class assigned in the most recent fiscal year for 212.2which complete expenditure data is available;212.3    (17) environmental modifications and adaptations; and212.4    (18) direct cash payments for which counties may make payment from their 212.5alternative care program allocation to clients for the purpose of purchasing services, 212.6following approval by the commissioner, and subject to the provisions of subdivision 5h, 212.7until approval and implementation of consumer-directed services through the federally 212.8approved elderly waiver plan. Upon implementation, consumer-directed services under 212.9the alternative care program are available statewide and limited to the average monthly 212.10expenditures representative of all alternative care program participants for the same case 212.11mix resident class assigned in the most recent fiscal year for which complete expenditure 212.12data is available discretionary services, for which lead agencies may make payment from 212.13their alternative care program allocation for services not otherwise defined in this section 212.14or section 256B.0625, following approval by the commissioner.212.15    Total annual payments for discretionary services and direct cash payments, until 212.16the federally approved consumer-directed service option is implemented statewide, for 212.17all clients within a county may served by a lead agency must not exceed 25 percent of 212.18that county's lead agency's annual alternative care program base allocation. Thereafter, 212.19discretionary services are limited to 25 percent of the county's annual alternative care 212.20program base allocation.212.21    Sec. 31. Minnesota Statutes 2006, section 256B.0913, subdivision 5a, is amended to 212.22read:212.23    Subd. 5a. Services; service definitions; service standards. (a) Unless specified in 212.24statute, the services, service definitions, and standards for alternative care services shall 212.25be the same as the services, service definitions, and standards specified in the federally 212.26approved elderly waiver plan, except foralternative care does not cover transitional 212.27support services, assisted living services, adult foster care services, and residential care 212.28services and benefits defined under section 256B.0625 that meet primary and acute 212.29health care needs.212.30    (b) The county lead agency must ensure that the funds are not used to supplant 212.31or supplement services available through other public assistance or services programs., 212.32including supplementation of client co-pays, deductibles, premiums, or other cost-sharing 212.33arrangements for health-related benefits and services or entitlement programs and services 212.34that are available to the person, but in which they have elected not to enroll. For a provider 212.35of supplies and equipment when the monthly cost of the supplies and equipment is less 213.1than $250, persons or agencies must be employed by or under a contract with the county213.2lead agency or the public health nursing agency of the local board of health in order to 213.3receive funding under the alternative care program. Supplies and equipment may be 213.4purchased from a vendor not certified to participate in the Medicaid program if the cost for 213.5the item is less than that of a Medicaid vendor.213.6    (c) Personal care services must meet the service standards defined in the federally 213.7approved elderly waiver plan, except that a county lead agency may contract with a 213.8client's relative who meets the relative hardship waiver requirements or a relative who 213.9meets the criteria and is also the responsible party under an individual service plan that 213.10ensures the client's health and safety and supervision of the personal care services by a 213.11qualified professional as defined in section 
         256B.0625, subdivision 19c. Relative hardship 213.12is established by the county lead agency when the client's care causes a relative caregiver 213.13to do any of the following: resign from a paying job, reduce work hours resulting in lost 213.14wages, obtain a leave of absence resulting in lost wages, incur substantial client-related 213.15expenses, provide services to address authorized, unstaffed direct care time, or meet 213.16special needs of the client unmet in the formal service plan.213.17    Sec. 32. Minnesota Statutes 2006, section 256B.0913, subdivision 8, is amended to 213.18read:213.19    Subd. 8. Requirements for individual care plan. (a) The case manager shall 213.20implement the plan of care for each alternative care client and ensure that a client's 213.21service needs and eligibility are reassessed at least every 12 months. The plan shall 213.22include any services prescribed by the individual's attending physician as necessary to 213.23allow the individual to remain in a community setting. In developing the individual's care 213.24plan, the case manager should include the use of volunteers from families and neighbors, 213.25religious organizations, social clubs, and civic and service organizations to support the 213.26formal home care services. The county lead agency shall be held harmless for damages or 213.27injuries sustained through the use of volunteers under this subdivision including workers' 213.28compensation liability. The county of service case manager shall provide documentation 213.29in each individual's plan of care and, if requested, to the commissioner that the most 213.30cost-effective alternatives available have been offered to the individual and that the 213.31individual was free to choose among available qualified providers, both public and private, 213.32including qualified case management or service coordination providers other than those 213.33employed by any county; however, the county or tribe maintains responsibility for prior 213.34authorizing services in accordance with statutory and administrative requirements. The 214.1case manager must give the individual a ten-day written notice of any denial, termination, 214.2or reduction of alternative care services.214.3    (b) The county of service or tribe must provide access to and arrange for case 214.4management services, including assuring implementation of the plan. "County of service" 214.5has the meaning given it in Minnesota Rules, part 9505.0015, subpart 11. The county of 214.6service must notify the county of financial responsibility of the approved care plan and 214.7the amount of encumbered funds.214.8    Sec. 33. Minnesota Statutes 2006, section 256B.0913, subdivision 9, is amended to 214.9read:214.10    Subd. 9. Contracting provisions for providers. Alternative care funds paid to 214.11service providers are subject to audit by the commissioner for fiscal and utilization control.214.12    The lead agency must select providers for contracts or agreements using the 214.13following criteria and other criteria established by the county lead agency:214.14    (1) the need for the particular services offered by the provider;214.15    (2) the population to be served, including the number of clients, the length of time 214.16services will be provided, and the medical condition of clients;214.17    (3) the geographic area to be served;214.18    (4) quality assurance methods, including appropriate licensure, certification, or 214.19standards, and supervision of employees when needed;214.20    (5) rates for each service and unit of service exclusive of county lead agency214.21administrative costs;214.22    (6) evaluation of services previously delivered by the provider; and214.23    (7) contract or agreement conditions, including billing requirements, cancellation, 214.24and indemnification.214.25    The county lead agency must evaluate its own agency services under the criteria 214.26established for other providers.214.27    Sec. 34. Minnesota Statutes 2006, section 256B.0913, subdivision 10, is amended to 214.28read:214.29    Subd. 10. Allocation formula. (a) The alternative care appropriation for fiscal 214.30years 1992 and beyond shall cover only alternative care eligible clients. By July 1 15 of 214.31each year, the commissioner shall allocate to county agencies the state funds available for 214.32alternative care for persons eligible under subdivision 2.214.33    (b) The adjusted base for each county lead agency is the county's lead agency's214.34current fiscal year base allocation plus any targeted funds approved during the current 215.1fiscal year. Calculations for paragraphs (c) and (d) are to be made as follows: for each 215.2county lead agency, the determination of alternative care program expenditures shall be 215.3based on payments for services rendered from April 1 through March 31 in the base year, 215.4to the extent that claims have been submitted and paid by June 1 of that year.215.5    (c) If the alternative care program expenditures as defined in paragraph (b) are 95 215.6percent or more of the county's lead agency's adjusted base allocation, the allocation for 215.7the next fiscal year is 100 percent of the adjusted base, plus inflation to the extent that 215.8inflation is included in the state budget.215.9    (d) If the alternative care program expenditures as defined in paragraph (b) are less 215.10than 95 percent of the county's lead agency's adjusted base allocation, the allocation 215.11for the next fiscal year is the adjusted base allocation less the amount of unspent funds 215.12below the 95 percent level.215.13    (e) If the annual legislative appropriation for the alternative care program is 215.14inadequate to fund the combined county lead agency allocations for a biennium, the 215.15commissioner shall distribute to each county lead agency the entire annual appropriation 215.16as that county's lead agency's percentage of the computed base as calculated in paragraphs 215.17(c) and (d).215.18    (f) On agreement between the commissioner and the lead agency, the commissioner 215.19may have discretion to reallocate alternative care base allocations distributed to lead 215.20agencies in which the base amount exceeds program expenditures.215.21    Sec. 35. Minnesota Statutes 2006, section 256B.0913, subdivision 11, is amended to 215.22read:215.23    Subd. 11. Targeted funding. (a) The purpose of targeted funding is to make 215.24additional money available to counties lead agencies with the greatest need. Targeted 215.25funds are not intended to be distributed equitably among all counties lead agencies, but 215.26rather, allocated to those with long-term care strategies that meet state goals.215.27    (b) The funds available for targeted funding shall be the total appropriation for each 215.28fiscal year minus county lead agency allocations determined under subdivision 10 as 215.29adjusted for any inflation increases provided in appropriations for the biennium.215.30    (c) The commissioner shall allocate targeted funds to counties lead agencies that 215.31demonstrate to the satisfaction of the commissioner that they have developed feasible 215.32plans to increase alternative care spending. In making targeted funding allocations, the 215.33commissioner shall use the following priorities:216.1    (1) counties lead agencies that received a lower allocation in fiscal year 1991 than in 216.2fiscal year 1990. Counties remain in this priority until they have been restored to their 216.3fiscal year 1990 level plus inflation;216.4    (2) counties lead agencies that sustain a base allocation reduction for failure to spend 216.595 percent of the allocation if they demonstrate that the base reduction should be restored;216.6    (3) counties lead agencies that propose projects to divert community residents from 216.7nursing home placement or convert nursing home residents to community living; and216.8    (4) counties lead agencies that can otherwise justify program growth by 216.9demonstrating the existence of waiting lists, demographically justified needs, or other 216.10unmet needs.216.11    (d) Counties Lead agencies that would receive targeted funds according to 216.12paragraph (c) must demonstrate to the commissioner's satisfaction that the funds 216.13would be appropriately spent by showing how the funds would be used to further the 216.14state's alternative care goals as described in subdivision 1, and that the county has the 216.15administrative and service delivery capability to use them.216.16    (e) The commissioner shall request applications make applications available for 216.17targeted funds by November 1 of each year. The counties lead agencies selected for 216.18targeted funds shall be notified of the amount of their additional funding. Targeted funds 216.19allocated to a county lead agency in one year shall be treated as part of the county's lead 216.20agency's base allocation for that year in determining allocations for subsequent years. No 216.21reallocations between counties lead agencies shall be made.216.22    Sec. 36. Minnesota Statutes 2006, section 256B.0913, subdivision 12, is amended to 216.23read:216.24    Subd. 12. Client fees. (a) A fee is required for all alternative care eligible clients 216.25to help pay for the cost of participating in the program. The amount of the fee for the 216.26alternative care client shall be determined as follows:216.27    (1) when the alternative care client's income less recurring and predictable medical 216.28expenses is less than 100 percent of the federal poverty guideline effective on July 1 of 216.29the state fiscal year in which the fee is being computed, and total assets are less than 216.30$10,000, the fee is zero;216.31    (2) when the alternative care client's income less recurring and predictable medical 216.32expenses is equal to or greater than 100 percent but less than 150 percent of the federal 216.33poverty guideline effective on July 1 of the state fiscal year in which the fee is being 216.34computed, and total assets are less than $10,000, the fee is five percent of the cost of 216.35alternative care services;217.1    (3) when the alternative care client's income less recurring and predictable medical 217.2expenses is equal to or greater than 150 percent but less than 200 percent of the federal 217.3poverty guidelines effective on July 1 of the state fiscal year in which the fee is being 217.4computed and assets are less than $10,000, the fee is 15 percent of the cost of alternative 217.5care services;217.6    (4) when the alternative care client's income less recurring and predictable medical 217.7expenses is equal to or greater than 200 percent of the federal poverty guidelines effective 217.8on July 1 of the state fiscal year in which the fee is being computed and assets are less than 217.9$10,000, the fee is 30 percent of the cost of alternative care services; and217.10    (5) when the alternative care client's assets are equal to or greater than $10,000, the 217.11fee is 30 percent of the cost of alternative care services.217.12    For married persons, total assets are defined as the total marital assets less the 217.13estimated community spouse asset allowance, under section 
         256B.059, if applicable. For 217.14married persons, total income is defined as the client's income less the monthly spousal 217.15allotment, under section 
         256B.058. 217.16    All alternative care services shall be included in the estimated costs for the purpose 217.17of determining the fee.217.18    Fees are due and payable each month alternative care services are received unless the 217.19actual cost of the services is less than the fee, in which case the fee is the lesser amount.217.20    (b) The fee shall be waived by the commissioner when:217.21    (1) a person who is residing in a nursing facility is receiving case management only;217.22    (2) a married couple is requesting an asset assessment under the spousal 217.23impoverishment provisions;217.24    (3) a person is found eligible for alternative care, but is not yet receiving alternative 217.25care services including case management services; or217.26    (4) a person has chosen to participate in a consumer-directed service plan for which 217.27the cost is no greater than the total cost of the person's alternative care service plan less 217.28the monthly fee amount that would otherwise be assessed.217.29    (c) The county agency must record in the state's receivable system the client's 217.30assessed fee amount or the reason the fee has been waived. The commissioner will bill 217.31and collect the fee from the client. Money collected must be deposited in the general fund 217.32and is appropriated to the commissioner for the alternative care program. The client must 217.33supply the county lead agency with the client's Social Security number at the time of 217.34application. The county lead agency shall supply the commissioner with the client's Social 217.35Security number and other information the commissioner requires to collect the fee from 217.36the client. The commissioner shall collect unpaid fees using the Revenue Recapture Act in 218.1chapter 270A and other methods available to the commissioner. The commissioner may 218.2require counties lead agencies to inform clients of the collection procedures that may be 218.3used by the state if a fee is not paid. This paragraph does not apply to alternative care 218.4pilot projects authorized in Laws 1993, First Special Session chapter 1, article 5, section 218.5133, if a county operating under the pilot project reports the following dollar amounts 218.6to the commissioner quarterly:218.7    (1) total fees billed to clients;218.8    (2) total collections of fees billed; and218.9    (3) balance of fees owed by clients.218.10If a county lead agency does not adhere to these reporting requirements, the commissioner 218.11may terminate the billing, collecting, and remitting portions of the pilot project and require 218.12the county lead agency involved to operate under the procedures set forth in this paragraph.218.13    Sec. 37. Minnesota Statutes 2006, section 256B.0913, subdivision 13, is amended to 218.14read:218.15    Subd. 13. County Lead agency biennial plan. The county lead agency biennial 218.16plan for long-term care consultation services under section 
         256B.0911, the alternative 218.17care program under this section, and waivers for the elderly under section 
         256B.0915, 218.18shall be submitted by the lead agency as the home and community-based services quality 218.19assurance plan on a form provided by the commissioner.218.20    Sec. 38. Minnesota Statutes 2006, section 256B.0913, subdivision 14, is amended to 218.21read:218.22    Subd. 14. Provider requirements, payment, and rate adjustments. (a) Unless 218.23otherwise specified in statute, providers must be enrolled as Minnesota health care 218.24program providers and abide by the requirements for provider participation according to 218.25Minnesota Rules, part 9505.0195.218.26    (b) Payment for provided alternative care services as approved by the client's 218.27case manager shall occur through the invoice processing procedures of the department's 218.28Medicaid Management Information System (MMIS). To receive payment, the county lead 218.29agency or vendor must submit invoices within 12 months following the date of service. 218.30The county lead agency and its vendors under contract shall not be reimbursed for services 218.31which exceed the county allocation.218.32    (c) The county lead agency shall negotiate individual rates with vendors and may 218.33authorize service payment for actual costs up to the county's current approved rate. 218.34Notwithstanding any other rule or statutory provision to the contrary, the commissioner 219.1shall not be authorized to increase rates by an annual inflation factor, unless so authorized 219.2by the legislature. To improve access to community services and eliminate payment 219.3disparities between the alternative care program and the elderly waiver program, the 219.4commissioner shall establish statewide maximum service rate limits and eliminate 219.5county-specific service rate limits.219.6    (1) Effective July 1, 2001, for service rate limits, except those in subdivision 5, 219.7paragraphs (d) and (i), the rate limit for each service shall be the greater of the alternative 219.8care statewide maximum rate or the elderly waiver statewide maximum rate.219.9    (2) Counties Lead agencies may negotiate individual service rates with vendors for 219.10actual costs up to the statewide maximum service rate limit.219.11    Sec. 39. Minnesota Statutes 2006, section 256B.0919, subdivision 3, is amended to 219.12read:219.13    Subd. 3. County certification of persons providing adult foster care to related 219.14persons. A person exempt from licensure under section 
         245A.03, subdivision 2, who 219.15provides adult foster care to a related individual age 65 and older, and who meets the 219.16requirements in Minnesota Rules, parts 9555.5105 to 9555.6265, may be certified by the 219.17county to provide adult foster care. A person certified by the county to provide adult foster 219.18care may be reimbursed for services provided and eligible for funding under sections 219.19256B.0913 and section256B.0915, if the relative would suffer a financial hardship as 219.20a result of providing care. For purposes of this subdivision, financial hardship refers 219.21to a situation in which a relative incurs a substantial reduction in income as a result of 219.22resigning from a full-time job or taking a leave of absence without pay from a full-time 219.23job to care for the client. 219.24    Sec. 40. Minnesota Statutes 2006, section 256B.27, subdivision 2a, is amended to read:219.25    Subd. 2a. On-siteCost and statistical data audits.Each year The commissioner 219.26shall provide for the on-sitean audit of the cost reportsand statistical data of nursing homes219.27facilities participating as vendors of medical assistance. The commissioner shall select for 219.28audit at least 15 percent of thesethe nursing homesfacilities' data reported at random or 219.29using factors including, but not limited to: data reported to the public as criteria for rating 219.30nursing facilities; data used to set limits for other medical assistance programs or vendors 219.31of services to nursing facilities; change in ownership; frequent changes in administration 219.32in excess of normal turnover rates; complaints to the commissioner of health about care, 219.33safety, or rights; where previous inspections or reinspections under section 
         144A.10 have 220.1resulted in correction orders related to care, safety, or rights; or where persons involved in 220.2ownership or administration of the facility have been indicted for alleged criminal activity. 220.3    The commissioner shall meet the 15 percent requirement by either conducting an 220.4audit focused on an individual nursing facility, a group of facilities, or targeting specific 220.5data categories in multiple nursing facilities. These audits may be conducted on site 220.6at the nursing facility, at office space used by a nursing facility or a nursing facility's 220.7parent organization, or at the commissioner's office. Data being audited may be collected 220.8electronically, in person, or by any other means the commissioner finds acceptable.220.9    Sec. 41. Minnesota Statutes 2006, section 256B.431, subdivision 1, is amended to read:220.10    Subdivision 1. In general. The commissioner shall determine prospective 220.11payment rates for resident care costs. For rates established on or after July 1, 1985, the 220.12commissioner shall develop procedures for determining operating cost payment rates that 220.13take into account the mix of resident needs, geographic location, and other factors as 220.14determined by the commissioner. The commissioner shall consider whether the fact that a 220.15facility is attached to a hospital or has an average length of stay of 180 days or less should 220.16be taken into account in determining rates. The commissioner shall consider the use of the 220.17standard metropolitan statistical areas when developing groups by geographic location. 220.18The commissioner shall provide notice to each nursing facility on or before May 1 August 220.1915 of the rates effective for the following rate year except that if legislation is pending on 220.20May 1 August 15 that may affect rates for nursing facilities, the commissioner shall set the 220.21rates after the legislation is enacted and provide notice to each facility as soon as possible.220.22    Compensation for top management personnel shall continue to be categorized as a 220.23general and administrative cost and is subject to any limits imposed on that cost category.220.24    Sec. 42. Minnesota Statutes 2006, section 256B.431, subdivision 3f, is amended to 220.25read:220.26    Subd. 3f. Property costs after July 1, 1988. (a) Investment per bed limit. For the 220.27rate year beginning July 1, 1988, the replacement-cost-new per bed limit must be $32,571 220.28per licensed bed in multiple bedrooms and $48,857 per licensed bed in a single bedroom. 220.29For the rate year beginning July 1, 1989, the replacement-cost-new per bed limit for a 220.30single bedroom must be $49,907 adjusted according to Minnesota Rules, part 9549.0060, 220.31subpart 4, item A, subitem (1). Beginning January 1, 1990, the replacement-cost-new per 220.32bed limits must be adjusted annually as specified in Minnesota Rules, part 9549.0060, 220.33subpart 4, item A, subitem (1). Beginning January 1, 1991, the replacement-cost-new per 220.34bed limits will be adjusted annually as specified in Minnesota Rules, part 9549.0060, 221.1subpart 4, item A, subitem (1), except that the index utilized will be the Bureau of the 221.2Census: Composite fixed-weighted price index as published in the C30 Report, Value 221.3of New Construction Put in Place Economic Analysis: Price Indexes for Private Fixed 221.4Investments in Structures; Special Care. 221.5    (b)  Rental factor. For the rate year beginning July 1, 1988, the commissioner shall 221.6increase the rental factor as established in Minnesota Rules, part 9549.0060, subpart 8, 221.7item A, by 6.2 percent rounded to the nearest 100th percent for the purpose of reimbursing 221.8nursing facilities for soft costs and entrepreneurial profits not included in the cost valuation 221.9services used by the state's contracted appraisers. For rate years beginning on or after July 221.101, 1989, the rental factor is the amount determined under this paragraph for the rate year 221.11beginning July 1, 1988. 221.12    (c)  Occupancy factor. For rate years beginning on or after July 1, 1988, in order 221.13to determine property-related payment rates under Minnesota Rules, part 9549.0060, 221.14for all nursing facilities except those whose average length of stay in a skilled level of 221.15care within a nursing facility is 180 days or less, the commissioner shall use 95 percent 221.16of capacity days. For a nursing facility whose average length of stay in a skilled level of 221.17care within a nursing facility is 180 days or less, the commissioner shall use the greater of 221.18resident days or 80 percent of capacity days but in no event shall the divisor exceed 95 221.19percent of capacity days. 221.20    (d)  Equipment allowance. For rate years beginning on July 1, 1988, and July 1, 221.211989, the commissioner shall add ten cents per resident per day to each nursing facility's 221.22property-related payment rate. The ten-cent property-related payment rate increase is not 221.23cumulative from rate year to rate year. For the rate year beginning July 1, 1990, the 221.24commissioner shall increase each nursing facility's equipment allowance as established 221.25in Minnesota Rules, part 9549.0060, subpart 10, by ten cents per resident per day. For 221.26rate years beginning on or after July 1, 1991, the adjusted equipment allowance must be 221.27adjusted annually for inflation as in Minnesota Rules, part 9549.0060, subpart 10, item E. 221.28For the rate period beginning October 1, 1992, the equipment allowance for each nursing 221.29facility shall be increased by 28 percent. For rate years beginning after June 30, 1993, the 221.30allowance must be adjusted annually for inflation. 221.31    (e)  Post chapter 199 related-organization debts and interest expense. For rate 221.32years beginning on or after July 1, 1990, Minnesota Rules, part 9549.0060, subpart 5, item 221.33E, shall not apply to outstanding related organization debt incurred prior to May 23, 1983, 221.34provided that the debt was an allowable debt under Minnesota Rules, parts 9510.0010 221.35to 9510.0480, the debt is subject to repayment through annual principal payments, and 221.36the nursing facility demonstrates to the commissioner's satisfaction that the interest rate 222.1on the debt was less than market interest rates for similar arm's-length transactions at 222.2the time the debt was incurred. If the debt was incurred due to a sale between family 222.3members, the nursing facility must also demonstrate that the seller no longer participates 222.4in the management or operation of the nursing facility. Debts meeting the conditions of 222.5this paragraph are subject to all other provisions of Minnesota Rules, parts 9549.0010 222.6to 9549.0080. 222.7    (f)  Building capital allowance for nursing facilities with operating leases. For 222.8rate years beginning on or after July 1, 1990, a nursing facility with operating lease costs 222.9incurred for the nursing facility's buildings shall receive its building capital allowance 222.10computed in accordance with Minnesota Rules, part 9549.0060, subpart 8. If an operating 222.11lease provides that the lessee's rent is adjusted to recognize improvements made by the 222.12lessor and related debt, the costs for capital improvements and related debt shall be allowed 222.13in the computation of the lessee's building capital allowance, provided that reimbursement 222.14for these costs under an operating lease shall not exceed the rate otherwise paid. 222.15    Sec. 43. Minnesota Statutes 2006, section 256B.431, subdivision 17e, is amended to 222.16read:222.17    Subd. 17e. Replacement-costs-new per bed limit effective JulyOctober 1, 2001222.182007. Notwithstanding Minnesota Rules, part 9549.0060, subpart 11, item C, subitem 222.19(2), for a total replacement, as defined in paragraph (f) subdivision 17d, authorized 222.20under section   
         144A.071 or   
         144A.073 after July 1, 1999, or any building project that is a 222.21relocation, renovation, upgrading, or conversion completed on or after July 1, 2001, or 222.22any building project eligible for reimbursement under section 256B.434, subdivision 4f, 222.23the replacement-costs-new per bed limit shall be $74,280 per licensed bed in multiple-bed 222.24rooms, $92,850 per licensed bed in semiprivate rooms with a fixed partition separating 222.25the resident beds, and $111,420 per licensed bed in single rooms. Minnesota Rules, part 222.269549.0060, subpart 11, item C, subitem (2), does not apply. These amounts must be 222.27adjusted annually as specified in subdivision 3f, paragraph (a), beginning January 1, 2000. 222.28    Sec. 44. Minnesota Statutes 2006, section 256B.431, subdivision 41, is amended to 222.29read:222.30    Subd. 41. Rate increases for October 1, 2005, and October 1, 2006. (a) For the 222.31rate period beginning October 1, 2005, the commissioner shall make available to each 222.32nursing facility reimbursed under this section or section 
         256B.434 an adjustment equal to 222.332.2553
          percent of the total operating payment rate, and for the rate year beginning October 222.341, 2006, the commissioner shall make available to each nursing facility reimbursed 223.1under this section or section 
         256B.434 an adjustment equal to 
         1.2553 percent of the total 223.2operating payment rate.223.3    (b) 75 percent of the money resulting from the rate adjustment under paragraph (a) 223.4must be used to increase wages and benefits and pay associated costs for all employees, 223.5except management fees, the administrator, and central office staff. Except as provided 223.6in paragraph (c), 75 percent of the money received by a facility as a result of the rate 223.7adjustment provided in paragraph (a) must be used only for wage, benefit, and staff 223.8increases implemented on or after the effective date of the rate increase each year, and 223.9must not be used for increases implemented prior to that date.223.10    (c) With respect only to the October 1, 2005, rate increase, a nursing facility that 223.11incurred costs for salary and employee benefit increases first provided after July 1, 2003, 223.12may count those costs towards the amount required to be spent on salaries and benefits 223.13under paragraph (b). These costs must be reported to the commissioner in the form and 223.14manner specified by the commissioner.223.15    (d) Nursing facilities may apply for the portion of the rate adjustment under 223.16paragraph (a) for employee wages and benefits and associated costs. The application 223.17must be made to the commissioner and contain a plan by which the nursing facility 223.18will distribute the funds according to paragraph (b). For nursing facilities in which the 223.19employees are represented by an exclusive bargaining representative, an agreement 223.20negotiated and agreed to by the employer and the exclusive bargaining representative 223.21constitutes the plan. A negotiated agreement may constitute the plan only if the agreement 223.22is finalized after the date of enactment of all increases for the rate year and signed by both 223.23parties prior to submission to the commissioner. The commissioner shall review the 223.24plan to ensure that the rate adjustments are used as provided in paragraph (b). To be 223.25eligible, a facility must submit its distribution plan by March 31, 2006, and March 31, 223.262007, respectively. The commissioner may approve distribution plans on or before June 223.2730, 2006, and June 30, 2007, respectively. The commissioner may waive the deadlines in 223.28this paragraph under extraordinary circumstances, either retroactively or prospectively, to 223.29be determined at the sole discretion of the commissioner. If a facility's distribution plan is 223.30effective after the first day of the applicable rate period that the funds are available, the 223.31rate adjustments are effective the same date as the facility's plan.223.32    (e) A copy of the approved distribution plan must be made available to all employees 223.33by giving each employee a copy or by posting a copy in an area of the nursing facility 223.34to which all employees have access. If an employee does not receive the wage and 223.35benefit adjustment described in the facility's approved plan and is unable to resolve the 223.36problem with the facility's management or through the employee's union representative, 224.1the employee may contact the commissioner at an address or telephone number provided 224.2by the commissioner and included in the approved plan.224.3EFFECTIVE DATE.This section is effective upon enactment and is retroactive 224.4from October 1, 2005.224.5    Sec. 45. Minnesota Statutes 2006, section 256B.49, subdivision 11, is amended to read:224.6    Subd. 11. Authority. (a) The commissioner is authorized to apply for home and 224.7community-based service waivers, as authorized under section 1915(c) of the Social 224.8Security Act to serve persons under the age of 65 who are determined to require the level 224.9of care provided in a nursing home and persons who require the level of care provided in a 224.10hospital. The commissioner shall apply for the home and community-based waivers in 224.11order to:224.12    (i) promote the support of persons with disabilities in the most integrated settings;224.13    (ii) expand the availability of services for persons who are eligible for medical 224.14assistance;224.15    (iii) promote cost-effective options to institutional care; and224.16    (iv) obtain federal financial participation.224.17    (b) The provision of waivered services to medical assistance recipients with 224.18disabilities shall comply with the requirements outlined in the federally approved 224.19applications for home and community-based services and subsequent amendments, 224.20including provision of services according to a service plan designed to meet the needs of 224.21the individual. For purposes of this section, the approved home and community-based 224.22application is considered the necessary federal requirement.224.23    (c) The commissioner shall provide interested persons serving on agency advisory 224.24committees and, task forces, the Centers for Independent Living, and others upon who224.25request, with to be on a list to receive, notice of, and an opportunity to comment on, 224.26at least 30 days before any effective dates, (1) any substantive changes to the state's 224.27disability services program manual, or (2) changes or amendments to the federally 224.28approved applications for home and community-based waivers, prior to their submission 224.29to the federal Centers for Medicare and Medicaid Services.224.30    (d) The commissioner shall seek approval, as authorized under section 1915(c) of 224.31the Social Security Act, to allow medical assistance eligibility under this section for 224.32children under age 21 without deeming of parental income or assets.224.33    (e) The commissioner shall seek approval, as authorized under section 1915(c) of 224.34the Social Act, to allow medical assistance eligibility under this section for individuals 224.35under age 65 without deeming the spouse's income or assets.225.1    Sec. 46. Laws 2000, chapter 340, section 19, is amended to read:225.2    Sec. 19. ALTERNATIVE CARE PILOT PROJECTS.225.3    (a) Expenditures for housing with services and adult foster care shall be excluded 225.4when determining average monthly expenditures per client for alternative care pilot 225.5projects authorized in Laws 1993, First Special Session chapter 1, article 5, section 133.225.6    (b) Alternative care pilot projects shall not expire on June 30, 2001, but shall 225.7continue until June 30, 2005 2007.225.8EFFECTIVE DATE.This section is effective retroactively from June 29, 2005, for 225.9activities related to discontinuing pilot projects under this section.225.10    Sec. 47. LICENSURE; SERVICES FOR YOUTH WITH DISABILITIES.225.11    (a) Notwithstanding the requirements of Minnesota Statutes, chapter 245A, upon 225.12the recommendation of a county agency, the commissioner of human services shall 225.13grant a license with any necessary variances to a nonresidential program for youth 225.14that provides services to youth with disabilities under age 21 during nonschool hours 225.15established to ensure health and safety, prevent out-of-home placement, and increase 225.16community inclusion of youth with disabilities. The nonresidential youth program is 225.17subject to the conditions of any variances granted and to consumer rights standards under 225.18Minnesota Statutes, section 245B.04; consumer protection standards under Minnesota 225.19Statutes, section 245B.05; service standards under Minnesota Statutes, section 245B.06; 225.20management standards under Minnesota Statutes, section 245B.07; and fire marshal 225.21inspections under Minnesota Statutes, section 245A.151, until the commissioner develops 225.22other licensure requirements for this type of program.225.23    (b) By February 1, 2008, the commissioner shall recommend amendments to 225.24licensure requirements in Minnesota Statutes, chapter 245A, to allow licensure of 225.25appropriate services for school-age youth with disabilities under age 21 who need 225.26supervision and services to develop skills necessary to maintain personal safety and 225.27increase their independence, productivity, and participation in their communities during 225.28nonschool hours. As part of developing the recommendations, the commissioner shall 225.29survey county agencies to determine how the needs of youth with disabilities under age 21 225.30who require supervision and support services are being met and the funding sources used. 225.31The recommendations must be provided to the house and senate chairs of the committees 225.32with jurisdiction over licensing of programs for youth with disabilities.226.1ARTICLE 7226.2CONTINUING CARE226.3    Section 1. Minnesota Statutes 2006, section 47.58, subdivision 8, is amended to read:226.4    Subd. 8. Counseling; requirement; penalty. A lender, mortgage banking company, 226.5or other mortgage lender not related to the mortgagor must keep a certificate on file 226.6documenting that the borrower, prior to entering into the reverse mortgage loan, received 226.7counseling as defined in this subdivision from an organization that meets the requirements 226.8of section 
         462A.209 and is a housing counseling agency approved by the Department of 226.9Housing and Urban Development. The certificate must be signed by the mortgagor and 226.10the counselor and include the date of the counseling, the name, address, and telephone 226.11number of both the mortgagor and the organization providing counseling. A failure by 226.12the lender to comply with this subdivision results in a $1,000 civil penalty payable to 226.13the mortgagor. For the purposes of this subdivision, "counseling" means the following 226.14services are provided to the borrower: 226.15    (1) a review of the advantages and disadvantages of reverse mortgage programs;226.16    (2) an explanation of how the reverse mortgage affects the borrower's estate and 226.17public benefits;226.18    (3) an explanation of the lending process;226.19    (4) a discussion of the borrower's supplemental income needs; and226.20    (5) an explanation of the provisions of sections 256B.0913, subdivision 17, and 226.21462A.05, subdivision 42; and226.22    (6) an opportunity to ask questions of the counselor.226.23    Sec. 2. Minnesota Statutes 2006, section 144A.073, subdivision 4, is amended to read:226.24    Subd. 4. Criteria for review. The following criteria shall be used in a consistent 226.25manner to compare, evaluate, and rank all proposals submitted. Except for the criteria 226.26specified in clause (3), the application of criteria listed under this subdivision shall not 226.27reflect any distinction based on the geographic location of the proposed project:226.28    (1) the extent to which the proposal furthers state long-term care goals, including 226.29the goal of enhancing the availability and use of alternative care services and the goal of 226.30reducing the number of long-term care resident rooms with more than two beds;226.31    (2) the proposal's long-term effects on state costs including the cost estimate of the 226.32project according to section 
         144A.071, subdivision 5a; 226.33    (3) the extent to which the proposal promotes equitable access to long-term care 226.34services in nursing homes through redistribution of the nursing home bed supply, as 227.1measured by the number of beds relative to the population 85 or older, projected to the 227.2year 2000 by the state demographer, and according to items (i) to (iv):227.3    (i) reduce beds in counties where the supply is high, relative to the statewide mean, 227.4and increase beds in counties where the supply is low, relative to the statewide mean;227.5    (ii) adjust the bed supply so as to create the greatest benefits in improving the 227.6distribution of beds;227.7    (iii) adjust the existing bed supply in counties so that the bed supply in a county 227.8moves toward the statewide mean; and227.9    (iv) adjust the existing bed supply so that the distribution of beds as projected for the 227.10year 2020 would be consistent with projected need, based on the methodology outlined in 227.11the Interagency Long-Term Care Committee's nursing home bed distribution study;227.12    (4) the extent to which the project improves conditions that affect the health or 227.13safety of residents, such as narrow corridors, narrow door frames, unenclosed fire exits, 227.14and wood frame construction, and similar provisions contained in fire and life safety 227.15codes and licensure and certification rules;227.16    (5) the extent to which the project improves conditions that affect the comfort or 227.17quality of life of residents in a facility or the ability of the facility to provide efficient 227.18care, such as a relatively high number of residents in a room; inadequate lighting or 227.19ventilation; poor access to bathing or toilet facilities; a lack of available ancillary space for 227.20dining rooms, day rooms, or rooms used for other activities; problems relating to heating, 227.21cooling, or energy efficiency; inefficient location of nursing stations; narrow corridors; or 227.22other provisions contained in the licensure and certification rules;227.23    (6) the extent to which the applicant demonstrates the delivery of quality care, as 227.24defined in state and federal statutes and rules, to residents as evidenced by the two most 227.25recent state agency certification surveys and the applicants' response to those surveys;227.26    (7) the extent to which the project removes the need for waivers or variances 227.27previously granted by either the licensing agency, certifying agency, fire marshal, or 227.28local government entity;227.29    (8) the extent to which the project increases the number of private or single bed 227.30rooms; and227.31    (9) the extent to which the applicant demonstrates the continuing need for nursing 227.32facility care in the community and adjacent communities; and227.33    (10) other factors that may be developed in permanent rule by the commissioner of 227.34health that evaluate and assess how the proposed project will further promote or protect 227.35the health, safety, comfort, treatment, or well-being of the facility's residents.227.36EFFECTIVE DATE.This section is effective July 1, 2007.228.1    Sec. 3. Minnesota Statutes 2006, section 252.27, subdivision 2a, is amended to read:228.2    Subd. 2a. Contribution amount. (a) The natural or adoptive parents of a minor 228.3child, including a child determined eligible for medical assistance without consideration of 228.4parental income, must contribute to the cost of services used by making monthly payments 228.5on a sliding scale based on income, unless the child is married or has been married, 228.6parental rights have been terminated, or the child's adoption is subsidized according to 228.7section 
         259.67 or through title IV-E of the Social Security Act. The parental contribution 228.8is a partial or full payment for medical services provided for diagnostic, therapeutic, 228.9curing, treating, mitigating, rehabilitation, maintenance, and personal care services as 228.10defined in United States Code, title 26, section 213, needed by the child with a chronic 228.11illness or disability.228.12    (b) For households with adjusted gross income equal to or greater than 100 percent 228.13of federal poverty guidelines, the parental contribution shall be computed by applying the 228.14following schedule of rates to the adjusted gross income of the natural or adoptive parents:228.15    (1) if the adjusted gross income is equal to or greater than 100 percent of federal 228.16poverty guidelines and less than 175 percent of federal poverty guidelines, the parental 228.17contribution is $4 per month;228.18    (2) if the adjusted gross income is equal to or greater than 175 percent of federal 228.19poverty guidelines and less than or equal to 545 percent of federal poverty guidelines, 228.20the parental contribution shall be determined using a sliding fee scale established by the 228.21commissioner of human services which begins at one percent of adjusted gross income 228.22at 175 percent of federal poverty guidelines and increases to 7.5 percent of adjusted 228.23gross income for those with adjusted gross income up to 545 percent of federal poverty 228.24guidelines;228.25    (3) if the adjusted gross income is greater than 545 percent of federal poverty 228.26guidelines and less than 675 percent of federal poverty guidelines, the parental 228.27contribution shall be 7.5 percent of adjusted gross income;228.28    (4) if the adjusted gross income is equal to or greater than 675 percent of federal 228.29poverty guidelines and less than 975 percent of federal poverty guidelines, the parental 228.30contribution shall be determined using a sliding fee scale established by the commissioner 228.31of human services which begins at 7.5 percent of adjusted gross income at 675 percent of 228.32federal poverty guidelines and increases to ten percent of adjusted gross income for those 228.33with adjusted gross income up to 975 percent of federal poverty guidelines; and228.34    (5) if the adjusted gross income is equal to or greater than 975 percent of federal 228.35poverty guidelines, the parental contribution shall be 12.5 percent of adjusted gross 228.36income.229.1    If the child lives with the parent, the annual adjusted gross income is reduced by 229.2$2,400 prior to calculating the parental contribution. If the child resides in an institution 229.3specified in section 
         256B.35, the parent is responsible for the personal needs allowance 229.4specified under that section in addition to the parental contribution determined under this 229.5section. The parental contribution is reduced by any amount required to be paid directly to 229.6the child pursuant to a court order, but only if actually paid.229.7    (c) The household size to be used in determining the amount of contribution under 229.8paragraph (b) includes natural and adoptive parents and their dependents, including the 229.9child receiving services. Adjustments in the contribution amount due to annual changes 229.10in the federal poverty guidelines shall be implemented on the first day of July following 229.11publication of the changes.229.12    (d) For purposes of paragraph (b), "income" means the adjusted gross income of the 229.13natural or adoptive parents determined according to the previous year's federal tax form, 229.14except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds 229.15have been used to purchase a home shall not be counted as income.229.16    (e) The contribution shall be explained in writing to the parents at the time eligibility 229.17for services is being determined. The contribution shall be made on a monthly basis 229.18effective with the first month in which the child receives services. Annually upon 229.19redetermination or at termination of eligibility, if the contribution exceeded the cost of 229.20services provided, the local agency or the state shall reimburse that excess amount to 229.21the parents, either by direct reimbursement if the parent is no longer required to pay 229.22a contribution, or by a reduction in or waiver of parental fees until the excess amount 229.23is exhausted.229.24    (f) The monthly contribution amount must be reviewed at least every 12 months; 229.25when there is a change in household size; and when there is a loss of or gain in income 229.26from one month to another in excess of ten percent. The local agency shall mail a written 229.27notice 30 days in advance of the effective date of a change in the contribution amount. 229.28A decrease in the contribution amount is effective in the month that the parent verifies a 229.29reduction in income or change in household size.229.30    (g) Parents of a minor child who do not live with each other shall each pay the 229.31contribution required under paragraph (a). An amount equal to the annual court-ordered 229.32child support payment actually paid on behalf of the child receiving services shall be 229.33deducted from the adjusted gross income of the parent making the payment prior to 229.34calculating the parental contribution under paragraph (b).229.35    (h) The contribution under paragraph (b) shall be increased by an additional five 229.36percent if the local agency determines that insurance coverage is available but not 230.1obtained for the child. For purposes of this section, "available" means the insurance is a 230.2benefit of employment for a family member at an annual cost of no more than five percent 230.3of the family's annual income. For purposes of this section, "insurance" means health 230.4and accident insurance coverage, enrollment in a nonprofit health service plan, health 230.5maintenance organization, self-insured plan, or preferred provider organization.230.6    Parents who have more than one child receiving services shall not be required 230.7to pay more than the amount for the child with the highest expenditures. There shall 230.8be no resource contribution from the parents. The parent shall not be required to pay 230.9a contribution in excess of the cost of the services provided to the child, not counting 230.10payments made to school districts for education-related services. Notice of an increase in 230.11fee payment must be given at least 30 days before the increased fee is due.230.12    (i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, 230.13in the 12 months prior to July 1:230.14    (1) the parent applied for insurance for the child;230.15    (2) the insurer denied insurance;230.16    (3) the parents submitted a complaint or appeal, in writing to the insurer, submitted 230.17a complaint or appeal, in writing, to the commissioner of health or the commissioner of 230.18commerce, or litigated the complaint or appeal; and230.19    (4) as a result of the dispute, the insurer reversed its decision and granted insurance.230.20    For purposes of this section, "insurance" has the meaning given in paragraph (h).230.21    A parent who has requested a reduction in the contribution amount under this 230.22paragraph shall submit proof in the form and manner prescribed by the commissioner or 230.23county agency, including, but not limited to, the insurer's denial of insurance, the written 230.24letter or complaint of the parents, court documents, and the written response of the insurer 230.25approving insurance. The determinations of the commissioner or county agency under this 230.26paragraph are not rules subject to chapter 14.230.27    Sec. 4. [252.295] LICENSING EXCEPTION.230.28    (a) Notwithstanding section 252.294, the commissioner may license two six-bed, 230.29level B intermediate care facilities for persons with developmental disabilities (ICF's/MR) 230.30to replace a 15-bed level A facility in Minneapolis that is not accessible to persons with 230.31disabilities. The new facilities must be accessible to persons with disabilities and must 230.32be located on a different site or sites in Hennepin County. Notwithstanding section 230.33256B.5012, the payment rate at the new facilities is $200.47 plus any rate adjustments for 230.34ICF's/MR effective on or after July 1, 2007.231.1    (b) Notwithstanding section 252.294, the commissioner may license one six-bed 231.2level B intermediate care facility for persons with developmental disabilities to replace 231.3a downsized 21-bed facility attached to a day training and habilitation program in 231.4Chisholm. Notwithstanding section 256B.5012, the facility must serve persons who 231.5require substantial nursing care and are able to leave the facility to receive day training 231.6and habilitation services. The payment rate at this facility is $274.50.231.7    (c) Notwithstanding section 256B.5012, the payment rate of a six-bed level B 231.8intermediate care facility for persons with developmental disabilities in Hibbing, with a 231.9per diem rate of $164.13 as of March 1, 2007, for persons who require substantial nursing 231.10care and are able to leave the facility to receive day training and habilitation services shall 231.11be increased to $250.84.231.12    (d) The payment rates in paragraphs (b) and (c) are effective October 1, 2009.231.13    Sec. 5. Minnesota Statutes 2006, section 256.01, is amended by adding a subdivision 231.14to read:231.15    Subd. 23.Reverse mortgage information and referral.The commissioner, in 231.16cooperation with the commissioner of the Minnesota Housing Finance Agency, shall: 231.17    (1) establish an information and referral system to inform eligible persons regarding 231.18the availability of reverse mortgages and state incentives available to persons who take 231.19out certain reverse mortgages. The information and referral system shall be established 231.20involving the Senior LinkAge Line, county and tribal agencies, community housing 231.21agencies and organizations, Minnesota-certified reverse mortgage counselors, reverse 231.22mortgage lenders, senior and elder community organizations, and other relevant entities; 231.23and 231.24    (2) coordinate necessary training for Senior LinkAge Line employees, mortgage 231.25counselors, and lenders regarding the provisions of sections 256B.0913, subdivision 231.2617, and 462A.05, subdivision 42.231.27    Sec. 6. Minnesota Statutes 2006, section 256.01, is amended by adding a subdivision 231.28to read:231.29    Subd. 24.Disability linkage line.The commissioner shall establish the disability 231.30linkage line, a statewide consumer information, referral, and assistance system for people 231.31with disabilities and chronic illnesses that: 231.32    (1) provides information about state and federal eligibility requirements, benefits, 231.33and service options; 231.34    (2) makes referrals to appropriate support entities; 232.1    (3) delivers information and assistance based on national and state standards; 232.2    (4) assists people to make well-informed decisions; and 232.3    (5) supports the timely resolution of service access and benefit issues.232.4    Sec. 7. Minnesota Statutes 2006, section 256.975, subdivision 7, is amended to read:232.5    Subd. 7. Consumer information and assistance; senior linkage. (a) The 232.6Minnesota Board on Aging shall operate a statewide information and assistance service 232.7to aid older Minnesotans and their families in making informed choices about long-term 232.8care options and health care benefits. Language services to persons with limited English 232.9language skills may be made available. The service, known as Senior LinkAge Line, must 232.10be available during business hours through a statewide toll-free number and must also 232.11be available through the Internet.232.12    (b) The service must assist older adults, caregivers, and providers in accessing 232.13information about choices in long-term care services that are purchased through private 232.14providers or available through public options. The service must:232.15    (1) develop a comprehensive database that includes detailed listings in both 232.16consumer- and provider-oriented formats;232.17    (2) make the database accessible on the Internet and through other telecommunication 232.18and media-related tools;232.19    (3) link callers to interactive long-term care screening tools and make these tools 232.20available through the Internet by integrating the tools with the database;232.21    (4) develop community education materials with a focus on planning for long-term 232.22care and evaluating independent living, housing, and service options;232.23    (5) conduct an outreach campaign to assist older adults and their caregivers in 232.24finding information on the Internet and through other means of communication;232.25    (6) implement a messaging system for overflow callers and respond to these callers 232.26by the next business day;232.27    (7) link callers with county human services and other providers to receive more 232.28in-depth assistance and consultation related to long-term care options; and232.29    (8) link callers with quality profiles for nursing facilities and other providers 232.30developed by the commissioner of health.;232.31    (9) provide information and assistance to inform older adults about reverse 232.32mortgages, including the provisions of sections 47.58, 256B.0913, subdivision 17, and 232.33462A.05, subdivision 42; and232.34    (10) incorporate information about housing with services and consumer rights 232.35within the MinnesotaHelp.info network long-term care database to facilitate consumer 233.1comparison of services and costs among housing with services establishments and with 233.2other in-home services and to support financial self-sufficiency as long as possible. 233.3Housing with services establishments and their arranged home care providers shall provide 233.4information to the commissioner of human services that is consistent with information 233.5required by the commissioner of health under section 144G.06, the Uniform Consumer 233.6Information Guide. The commissioner of human services shall provide the data to the 233.7Minnesota Board on Aging for inclusion in the MinnesotaHelp.info network long-term 233.8care database.233.9    (c) The Minnesota Board on Aging shall conduct an evaluation of the effectiveness 233.10of the statewide information and assistance, and submit this evaluation to the legislature 233.11by December 1, 2002. The evaluation must include an analysis of funding adequacy, gaps 233.12in service delivery, continuity in information between the service and identified linkages, 233.13and potential use of private funding to enhance the service.233.14EFFECTIVE DATE.This section is effective the day following final enactment.233.15    Sec. 8. Minnesota Statutes 2006, section 256B.056, subdivision 1a, is amended to read:233.16    Subd. 1a. Income and assets generally. Unless specifically required by state law or 233.17rule or federal law or regulation, the methodologies used in counting income and assets 233.18to determine eligibility for medical assistance for persons whose eligibility category is 233.19based on blindness, disability, or age of 65 or more years, the methodologies for the 233.20supplemental security income program shall be used, except as provided under subdivision 233.213, paragraph (f). Increases in benefits under title II of the Social Security Act shall not be 233.22counted as income for purposes of this subdivision until July 1 of each year. Effective 233.23upon federal approval, for children eligible under section 
         256B.055, subdivision 12, or 233.24for home and community-based waiver services whose eligibility for medical assistance 233.25is determined without regard to parental income, child support payments, including any 233.26payments made by an obligor in satisfaction of or in addition to a temporary or permanent 233.27order for child support, and Social Security payments are not counted as income. For 233.28families and children, which includes all other eligibility categories, the methodologies 233.29under the state's AFDC plan in effect as of July 16, 1996, as required by the Personal 233.30Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public 233.31Law 104-193, shall be used, except that effective October 1, 2003, the earned income 233.32disregards and deductions are limited to those in subdivision 1c. For these purposes, a 233.33"methodology" does not include an asset or income standard, or accounting method, 233.34or method of determining effective dates.234.1    Sec. 9. Minnesota Statutes 2006, section 256B.056, subdivision 3, is amended to read:234.2    Subd. 3. Asset limitations for aged, blind, or disabled individuals and families.234.3    To be eligible for medical assistance, a person must not individually own more than $3,000 234.4in assets, or if a member of a household with two family members, husband and wife, 234.5or parent and child, the household must not own more than $6,000 in assets, plus $200 234.6for each additional legal dependent. In addition to these maximum amounts, an eligible 234.7individual or family may accrue interest on these amounts, but they must be reduced to the 234.8maximum at the time of an eligibility redetermination. The accumulation of the clothing 234.9and personal needs allowance according to section 
         256B.35 must also be reduced to the 234.10maximum at the time of the eligibility redetermination. The value of assets that are not 234.11considered in determining eligibility for medical assistance is the value of those assets 234.12excluded under the supplemental security income program for aged, blind, and disabled 234.13persons, with the following exceptions: 234.14    (a) Household goods and personal effects are not considered.234.15    (b) Capital and operating assets of a trade or business that the local agency 234.16determines are necessary to the person's ability to earn an income are not considered.234.17    (c) Motor vehicles are excluded to the same extent excluded by the supplemental 234.18security income program.234.19    (d) Assets designated as burial expenses are excluded to the same extent excluded by 234.20the supplemental security income program. Burial expenses funded by annuity contracts 234.21or life insurance policies must irrevocably designate the individual's estate as contingent 234.22beneficiary to the extent proceeds are not used for payment of selected burial expenses.234.23    (e) Effective upon federal approval, for a person who no longer qualifies as an 234.24employed person with a disability due to loss of earnings, assets allowed while eligible 234.25for medical assistance under section 
         256B.057, subdivision 9, are not considered for 12 234.26months, beginning with the first month of ineligibility as an employed person with a 234.27disability, to the extent that the person's total assets remain within the allowed limits of 234.28section 
         256B.057, subdivision 9, paragraph (b). 234.29    (f) When a person enrolled in medical assistance under section 256B.057, 234.30subdivision 9, reaches age 65 and has been enrolled during each of the 24 consecutive 234.31months before the person's 65th birthday, the assets owned by the person and the person's 234.32spouse must be disregarded, up to the limits of section 256B.057, subdivision 9, paragraph 234.33(b), when determining eligibility for medical assistance under section 256B.055, 234.34subdivision 7. The income of a spouse of a person enrolled in medical assistance under 234.35section 256B.057, subdivision 9, during each of the 24 consecutive months before the 234.36person's 65th birthday must be disregarded when determining eligibility for medical 235.1assistance under section 256B.055, subdivision 7, when the person reaches age 65. This 235.2paragraph does not apply at the time the person or the person's spouse requests medical 235.3assistance payment for long-term care services.235.4EFFECTIVE DATE.This section is effective July 1, 2007, or upon federal 235.5approval, whichever is later.235.6    Sec. 10. Minnesota Statutes 2006, section 256B.0625, subdivision 18a, is amended to 235.7read:235.8    Subd. 18a. Access to medical services. (a) Medical assistance reimbursement for 235.9meals for persons traveling to receive medical care may not exceed $5.50 for breakfast, 235.10$6.50 for lunch, or $8 for dinner.235.11    (b) Medical assistance reimbursement for lodging for persons traveling to receive 235.12medical care may not exceed $50 per day unless prior authorized by the local agency.235.13    (c) Medical assistance direct mileage reimbursement to the eligible person or the 235.14eligible person's driver may not exceed 20 cents per mile.235.15    (d) Regardless of the number of employees that an enrolled health care provider 235.16may have, medical assistance covers sign and oral language interpreter services when 235.17provided by an enrolled health care provider during the course of providing a direct, 235.18person-to-person covered health care service to an enrolled recipient with limited English 235.19proficiency or who has a hearing loss and uses interpreting services.235.20    Sec. 11. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 235.21subdivision to read:235.22    Subd. 49.Self-directed supports option.Upon federal approval, medical 235.23assistance covers the self-directed supports option as defined under section 256B.0657 and 235.24section 6087 of the Federal Deficit Reduction Act of 2005, Public Law 109-171.235.25EFFECTIVE DATE.This section is effective upon federal approval of the state 235.26Medicaid plan amendment. The commissioner of human services shall inform the Office 235.27of the Revisor of Statutes when approval is obtained.235.28    Sec. 12. Minnesota Statutes 2006, section 256B.0651, subdivision 7, is amended to 235.29read:235.30    Subd. 7. Prior authorization; time limits. The commissioner or the commissioner's 235.31designee shall determine the time period for which a prior authorization shall be effective 235.32and, if flexible use has been requested, whether to allow the flexible use option. If 236.1the recipient continues to require home care services beyond the duration of the prior 236.2authorization, the home care provider must request a new prior authorization. A personal 236.3care provider agency must request a new personal care assistant services assessment, or 236.4service update if allowed, at least 60 days prior to the end of the current prior authorization 236.5time period. The request for the assessment must be made on a form approved by the 236.6commissioner. Under no circumstances, other than the exceptions in subdivision 4, shall a 236.7prior authorization be valid prior to the date the commissioner receives the request or for 236.8more than 12 months. A recipient who appeals a reduction in previously authorized home 236.9care services may continue previously authorized services, other than temporary services 236.10under subdivision 8, pending an appeal under section 
         256.045. The commissioner must 236.11provide a detailed explanation of why the authorized services are reduced in amount from 236.12those requested by the home care provider.236.13    Sec. 13. Minnesota Statutes 2006, section 256B.0655, subdivision 1b, is amended to 236.14read:236.15    Subd. 1b. Assessment. "Assessment" means a review and evaluation of a recipient's 236.16need for home care services conducted in person. Assessments for personal care assistant 236.17services shall be conducted by the county public health nurse or a certified public 236.18health nurse under contract with the county. A face-to-face assessment must include: 236.19documentation of health status, determination of need, evaluation of service effectiveness, 236.20identification of appropriate services, service plan development or modification, 236.21coordination of services, referrals and follow-up to appropriate payers and community 236.22resources, completion of required reports, recommendation of service authorization, and 236.23consumer education. Once the need for personal care assistant services is determined 236.24under this section or sections 
         256B.0651, 
         256B.0653, 
         256B.0654, and 
         256B.0656, the 236.25county public health nurse or certified public health nurse under contract with the county 236.26is responsible for communicating this recommendation to the commissioner and the 236.27recipient. A face-to-face assessment for personal care assistant services is conducted 236.28on those recipients who have never had a county public health nurse assessment. A 236.29face-to-face assessment must occur at least annually or when there is a significant change 236.30in the recipient's condition or when there is a change in the need for personal care assistant 236.31services. A service update may substitute for the annual face-to-face assessment when 236.32there is not a significant change in recipient condition or a change in the need for personal 236.33care assistant service. A service update may be completed by telephone, used when there 236.34is no need for an increase in personal care assistant services, and used for two consecutive 236.35assessments if followed by a face-to-face assessment. A service update must be completed 237.1on a form approved by the commissioner. A service update or review for temporary 237.2increase includes a review of initial baseline data, evaluation of service effectiveness, 237.3redetermination of service need, modification of service plan and appropriate referrals, 237.4update of initial forms, obtaining service authorization, and on going consumer education. 237.5Assessments must be completed on forms provided by the commissioner within 30 days 237.6of a request for home care services by a recipient or responsible party or personal care 237.7provider agency.237.8    Sec. 14. Minnesota Statutes 2006, section 256B.0655, subdivision 3, is amended to 237.9read:237.10    Subd. 3. Assessment and service plan. Assessments under subdivision 1b 237.11and sections 
         256B.0651, subdivision 1, paragraph (b), and 
         256B.0654, subdivision 1, 237.12paragraph (a), shall be conducted initially, and at least annually thereafter, in person 237.13with the recipient and result in a completed service plan using forms specified by 237.14the commissioner. A personal care provider agency must use a form approved by 237.15the commissioner to request a county public health nurse to conduct a personal care 237.16assistant services assessment. When requesting a reassessment, the personal care provider 237.17agency must notify the county and the recipient at least 60 days prior to the end of the 237.18current prior authorization for personal care assistant services. The recipient notice 237.19shall include information on the recipient's appeal rights. Within 30 days of recipient 237.20or responsible party or personal care assistant provider agency request for home care 237.21services, the assessment, the service plan, and other information necessary to determine 237.22medical necessity such as diagnostic or testing information, social or medical histories, 237.23and hospital or facility discharge summaries shall be submitted to the commissioner. 237.24Notwithstanding the provisions of subdivision 8, the commissioner shall maximize 237.25federal financial participation to pay for public health nurse assessments for personal care 237.26services. For personal care assistant services:237.27    (1) The amount and type of service authorized based upon the assessment and 237.28service plan will follow the recipient if the recipient chooses to change providers.237.29    (2) If the recipient's need changes, the recipient's provider may assess the need for 237.30a change in service authorization and request the change from the county public health 237.31nurse. The request must be made on a form approved by the commissioner. Within 30 237.32days of the request, the public health nurse will determine whether to request the change 237.33in services based upon the provider assessment, or conduct a home visit to assess the need 237.34and determine whether the change is appropriate. If the change in service need is due to 238.1a change in medical condition, a new physician's statement of need required by section 238.2256B.0625, subdivision 19c
         , must be obtained.238.3    (3) To continue to receive personal care assistant services after the first year, 238.4the recipient or the responsible party, in conjunction with the public health nurse, 238.5may complete a service update on forms developed by the commissioner according to 238.6criteria and procedures in subdivisions 1a to 1i and sections 
         256B.0651, subdivision 1; 238.7256B.0653, subdivision 1
         ; and 
         256B.0654, subdivision 1.238.8    Sec. 15. Minnesota Statutes 2006, section 256B.0655, subdivision 8, is amended to 238.9read:238.10    Subd. 8. Public health nurse assessment rate. (a) The reimbursement rates for 238.11public health nurse visits that relate to the provision of personal care services under this 238.12section and section 
         256B.0625, subdivision 19a, are:238.13    (i) $210.50 for a face-to-face assessment visit;238.14    (ii) $105.25 for each service update; and238.15    (iii) $105.25 for each request for a temporary service increase.238.16    (b) The rates specified in paragraph (a) must be adjusted to reflect provider rate 238.17increases for personal care assistant services that are approved by the legislature for the 238.18fiscal year ending June 30, 2000, and subsequent fiscal years. Any requirements applied 238.19by the legislature to provider rate increases for personal care assistant services also apply 238.20to adjustments under this paragraph.238.21    (c) Effective July 1, 2008, the payment rate for an assessment under this section and 238.22section 256B.0651 shall be reduced by 25 percent when the assessment is not completed 238.23on time or the service agreement documentation is not submitted in time to continue 238.24services. The commissioner shall recoup these amounts on a retroactive basis.238.25    Sec. 16. [256B.0657] SELF-DIRECTED SUPPORTS OPTION.238.26    Subdivision 1.Definition."Self-directed supports option" means personal 238.27assistance, supports, items, and related services purchased under an approved budget 238.28plan and budget by a recipient.238.29    Subd. 2.Eligibility.(a) The self-directed supports option is available to a person 238.30who:238.31    (1) is a recipient of medical assistance as determined under sections 256B.055, 238.32256B.056, and 256B.057, subdivision 9;238.33    (2) is eligible for personal care assistant services under section 256B.0655;239.1    (3) lives in the person's own apartment or home, which is not owned, operated, or 239.2controlled by a provider of services not related by blood or marriage;239.3    (4) has the ability to hire, fire, supervise, establish staff compensation for, and 239.4manage the individuals providing services, and to choose and obtain items, related 239.5services, and supports as described in the participant's plan. If the recipient is not able to 239.6carry out these functions but has a legal guardian or parent to carry them out, the guardian 239.7or parent may fulfill these functions on behalf of the recipient; and239.8    (5) has not been excluded or disenrolled by the commissioner.239.9    (b) The commissioner may disenroll or exclude recipients, including guardians and 239.10parents, under the following circumstances:239.11    (1) recipients who have been restricted by the Primary Care Utilization Review 239.12Committee may be excluded for a specified time period; 239.13    (2) recipients who exit the self-directed supports option during the recipient's 239.14service plan year shall not access the self-directed supports option for the remainder of 239.15that service plan year; and239.16    (3) when the department determines that the recipient cannot manage recipient 239.17responsibilities under the program.239.18    Subd. 3.Eligibility for other services.Selection of the self-directed supports 239.19option by a recipient shall not restrict access to other medically necessary care and 239.20services furnished under the state plan medical assistance benefit, including home care 239.21targeted case management, except that a person receiving home and community-based 239.22waiver services, a family support grant or a consumer support grant is not eligible for 239.23funding under the self-directed supports option.239.24    Subd. 4.Assessment requirements.(a) The self-directed supports option 239.25assessment must meet the following requirements:239.26    (1) it shall be conducted by the county public health nurse or a certified public 239.27health nurse under contract with the county;239.28    (2) it shall be conducted face-to-face in the recipient's home initially, and at least 239.29annually thereafter; when there is a significant change in the recipient's condition; and 239.30when there is a change in the need for personal care assistant services. A recipient who is 239.31residing in a facility may be assessed for the self-directed support option for the purpose 239.32of returning to the community using this option; and 239.33    (3) it shall be completed using the format established by the commissioner.239.34    (b) The results of the assessment and recommendations shall be communicated to 239.35the commissioner and the recipient by the county public health nurse or certified public 239.36health nurse under contract with the county.240.1    Subd. 5.Self-directed supports option plan requirements.(a) The plan for the 240.2self-directed supports option must meet the following requirements:240.3    (1) the plan must be completed using a person-centered process that:240.4    (i) builds upon the recipient's capacity to engage in activities that promote 240.5community life;240.6    (ii) respects the recipient's preferences, choices, and abilities;240.7    (iii) involves families, friends, and professionals in the planning or delivery of 240.8services or supports as desired or required by the recipient; and 240.9    (iv) addresses the need for personal care assistant services identified in the recipient's 240.10self-directed supports option assessment;240.11    (2) the plan shall be developed by the recipient or by the guardian of an adult 240.12recipient or by a parent or guardian of a minor child, with the assistance of an enrolled 240.13medical assistance home care targeted case manager provider who meets the requirements 240.14established for using a person-centered planning process and shall be reviewed at least 240.15annually upon reassessment or when there is a significant change in the recipient's 240.16condition; and 240.17    (3) the plan must include the total budget amount available divided into monthly 240.18amounts that cover the number of months of personal care assistant services authorization 240.19included in the budget. The amount used each month may vary, but additional funds shall 240.20not be provided above the annual personal care assistant services authorized amount 240.21unless a change in condition is documented.240.22    (b) The commissioner shall:240.23    (1) establish the format and criteria for the plan as well as the requirements for 240.24providers who assist with plan development;240.25    (2) review the assessment and plan and, within 30 days after receiving the 240.26assessment and plan, make a decision on approval of the plan;240.27    (3) notify the recipient, parent, or guardian of approval or denial of the plan and 240.28provide notice of the right to appeal under section 256.045; and 240.29    (4) provide a copy of the plan to the fiscal support entity selected by the recipient.240.30    Subd. 6.Services covered.(a) Services covered under the self-directed supports 240.31option include:240.32    (1) personal care assistant services under section 256B.0655; and 240.33    (2) items, related services, and supports, including assistive technology, that increase 240.34independence or substitute for human assistance to the extent expenditures would 240.35otherwise be used for human assistance.241.1    (b) Items, supports, and related services purchased under this option shall not be 241.2considered home care services for the purposes of section 144A.43.241.3    Subd. 7.Noncovered services.Services or supports that are not eligible for 241.4payment under the self-directed supports option include:241.5    (1) services, goods, or supports that do not benefit the recipient;241.6    (2) any fees incurred by the recipient, such as Minnesota health care program fees 241.7and co-pays, legal fees, or costs related to advocate agencies;241.8    (3) insurance, except for insurance costs related to employee coverage or fiscal 241.9support entity payments;241.10    (4) room and board and personal items that are not related to the disability, except 241.11that medically prescribed specialized diet items may be covered if they reduce the need for 241.12human assistance;241.13    (5) home modifications that add square footage;241.14    (6) home modifications for a residence other than the primary residence of the 241.15recipient, or in the event of a minor with parents not living together, the primary residences 241.16of the parents;241.17    (7) expenses for travel, lodging, or meals related to training the recipient, the parent 241.18or guardian of an adult recipient, or the parent or guardian of a minor child, or paid or 241.19unpaid caregivers that exceed $500 in a 12-month period;241.20    (8) experimental treatment;241.21    (9) any service or item covered by other medical assistance state plan services, 241.22including prescription and over-the-counter medications, compounds, and solutions and 241.23related fees, including premiums and co-payments;241.24    (10) membership dues or costs, except when the service is necessary and appropriate 241.25to treat a physical condition or to improve or maintain the recipient's physical condition. 241.26The condition must be identified in the recipient's plan of care and monitored by a 241.27Minnesota health care program enrolled physician;241.28    (11) vacation expenses other than the cost of direct services;241.29    (12) vehicle maintenance or modifications not related to the disability;241.30    (13) tickets and related costs to attend sporting or other recreational events; and241.31    (14) costs related to Internet access, except when necessary for operation of assistive 241.32technology, to increase independence, or to substitute for human assistance.241.33    Subd. 8.Self-directed budget requirements.The budget for the provision of the 241.34self-directed service option shall be equal to the greater of either:241.35    (1) the annual amount of personal care assistant services under section 256B.0655 241.36that the recipient has used in the most recent 12-month period; or 242.1    (2) the amount determined using the consumer support grant methodology under 242.2section 256.476, subdivision 11, except that the budget amount shall include the federal 242.3and nonfederal share of the average service costs.242.4    Subd. 9.Quality assurance and risk management.(a) The commissioner 242.5shall establish quality assurance and risk management measures for use in developing 242.6and implementing self-directed plans and budgets that (1) recognize the roles and 242.7responsibilities involved in obtaining services in a self-directed manner, and (2) assure 242.8the appropriateness of such plans and budgets based upon a recipient's resources and 242.9capabilities. These measures must include (i) background studies, and (ii) backup and 242.10emergency plans, including disaster planning.242.11    (b) The commissioner shall provide ongoing technical assistance and resource and 242.12educational materials for families and recipients selecting the self-directed option.242.13    (c) Performance assessments measures, such as of a recipient's satisfaction with the 242.14services and supports, and ongoing monitoring of health and well-being shall be identified 242.15in consultation with the stakeholder group.242.16    Subd. 10.Fiscal support entity.(a) Each recipient shall choose a fiscal support 242.17entity provider certified by the commissioner to make payments for services, items, 242.18supports, and administrative costs related to managing a self-directed service plan 242.19authorized for payment in the approved plan and budget. Recipients shall also choose 242.20the payroll, agency with choice, or the fiscal conduit model of financial and service 242.21management.242.22    (b) The fiscal support entity:242.23    (1) may not limit or restrict the recipient's choice of service or support providers, 242.24including use of the payroll, agency with choice, or fiscal conduit model of financial 242.25and service management; 242.26    (2) must have a written agreement with the recipient or the recipient's representative 242.27that identifies the duties and responsibilities to be performed and the specific related 242.28charges; 242.29    (3) must provide the recipient and the home care targeted case manager with a 242.30monthly written summary of the self-directed supports option services that were billed, 242.31including charges from the fiscal support entity;242.32    (4) must be knowledgeable of and comply with Internal Revenue Service 242.33requirements necessary to process employer and employee deductions, provide appropriate 242.34and timely submission of employer tax liabilities, and maintain documentation to support 242.35medical assistance claims; 243.1    (5) must have current and adequate liability insurance and bonding and sufficient 243.2cash flow and have on staff or under contract a certified public accountant or an individual 243.3with a baccalaureate degree in accounting; and 243.4    (6) must maintain records to track all self-directed supports option services 243.5expenditures, including time records of persons paid to provide supports and receipts for 243.6any goods purchased. The records must be maintained for a minimum of five years from 243.7the claim date and be available for audit or review upon request. Claims submitted by 243.8the fiscal support entity must correspond with services, amounts, and time periods as 243.9authorized in the recipient's self-directed supports option plan.243.10    (c) The commissioner shall have authority to:243.11    (1) set or negotiate rates with fiscal support entities;243.12    (2) limit the number of fiscal support entities;243.13    (3) identify a process to certify and recertify fiscal support entities and assure fiscal 243.14support entities are available to recipients throughout the state; and 243.15    (4) establish a uniform format and protocol to be used by eligible fiscal support 243.16entities.243.17    Subd. 11.Stakeholder consultation.The commissioner shall consult with a 243.18statewide consumer-directed services stakeholder group, including representatives of 243.19all types of consumer-directed service users, advocacy organizations, counties, and 243.20consumer-directed service providers. The commissioner shall seek recommendations 243.21from this stakeholder group in developing:243.22    (1) the self-directed plan format;243.23    (2) requirements and guidelines for the person-centered plan assessment and 243.24planning process;243.25    (3) implementation of the option and the quality assurance and risk management 243.26techniques; and 243.27    (4) standards and requirements, including rates for the personal support plan 243.28development provider and the fiscal support entity; policies; training; and implementation. 243.29The stakeholder group shall provide recommendations on the repeal of the personal care 243.30assistant choice option, transition issues, and whether the consumer support grant program 243.31under section 256.476 should be modified. The stakeholder group shall meet at least 243.32three times each year to provide advice on policy, implementation, and other aspects of 243.33consumer and self-directed services.243.34EFFECTIVE DATE.Subdivisions 1 to 10 are effective upon federal approval of 243.35the state Medicaid plan amendment. The commissioner of human services shall inform 244.1the Office of the Revisor of Statutes when federal approval is obtained. Subdivision 11 244.2is effective July 1, 2007.244.3    Sec. 17. Minnesota Statutes 2006, section 256B.0911, subdivision 1a, is amended to 244.4read:244.5    Subd. 1a. Definitions. For purposes of this section, the following definitions apply:244.6    (a) "Long-term care consultation services" means:244.7    (1) providing information and education to the general public regarding availability 244.8of the services authorized under this section;244.9    (2) an intake process that provides access to the services described in this section;244.10    (3) assessment of the health, psychological, and social needs of referred individuals;244.11    (4) assistance in identifying services needed to maintain an individual in the least 244.12restrictive environment;244.13    (5) providing recommendations on cost-effective community services that are 244.14available to the individual;244.15    (6) development of an individual's community support plan, which may include the 244.16use of reverse mortgage payments to pay for services needed to maintain the individual in 244.17the person's home;244.18    (7) providing information regarding eligibility for Minnesota health care programs;244.19    (8) preadmission screening to determine the need for a nursing facility level of care;244.20    (9) preliminary determination of Minnesota health care programs eligibility for 244.21individuals who need a nursing facility level of care, with appropriate referrals for final 244.22determination;244.23    (10) providing recommendations for nursing facility placement when there are no 244.24cost-effective community services available; and244.25    (11) assistance to transition people back to community settings after facility 244.26admission.244.27    (b) "Minnesota health care programs" means the medical assistance program under 244.28chapter 256B and the alternative care program under section 
         256B.0913.244.29    Sec. 18. Minnesota Statutes 2006, section 256B.0911, subdivision 3a, is amended to 244.30read:244.31    Subd. 3a. Assessment and support planning. (a) Persons requesting assessment, 244.32services planning, or other assistance intended to support community-based living, 244.33including persons who need assessment in order to determine waiver or alternative care 244.34program eligibility, must be visited by a long-term care consultation team within ten 245.1working days after the date on which an assessment was requested or recommended. 245.2Assessments must be conducted according to paragraphs (b) to (g) (i).245.3    (b) The county may utilize a team of either the social worker or public health nurse, 245.4or both, to conduct the assessment in a face-to-face interview. The consultation team 245.5members must confer regarding the most appropriate care for each individual screened or 245.6assessed.245.7    (c) The long-term care consultation team must assess the health and social needs of 245.8the person, using an assessment form provided by the commissioner.245.9    (d) The team must conduct the assessment in a face-to-face interview with the 245.10person being assessed and the person's legal representative, if applicable.245.11    (e) The team must provide the person, or the person's legal representative, with 245.12written recommendations for facility- or community-based services. The team must 245.13document that the most cost-effective alternatives available were offered to the individual. 245.14For purposes of this requirement, "cost-effective alternatives" means community services 245.15and living arrangements that cost the same as or less than nursing facility care.245.16    (f) If the person chooses to use community-based services, the team must provide 245.17the person or the person's legal representative with a written community support plan, 245.18regardless of whether the individual is eligible for Minnesota health care programs. 245.19The person may request assistance in developing a community support plan without 245.20participating in a complete assessment. If the person chooses to obtain a reverse mortgage 245.21under section 47.58 as part of the community support plan, the plan must include a 245.22spending plan for the reverse mortgage payments.245.23    (g) The person has the right to make the final decision between nursing facility 245.24placement and community placement after the screening team's recommendation, except 245.25as provided in subdivision 4a, paragraph (c).245.26    (h) The team must give the person receiving assessment or support planning, or 245.27the person's legal representative, materials, and forms supplied by the commissioner 245.28containing the following information:245.29    (1) the need for and purpose of preadmission screening and assessment if the person 245.30selects nursing facility placement;245.31    (2) the role of the long-term care consultation assessment and support planning in 245.32waiver and alternative care program eligibility determination;245.33    (2) (3) information about Minnesota health care programs and about reverse 245.34mortgages, including the provisions of sections 47.58; 256B.0913, subdivision 17; and 245.35462A.05, subdivision 42;245.36    (3) (4) the person's freedom to accept or reject the recommendations of the team;246.1    (4) (5) the person's right to confidentiality under the Minnesota Government Data 246.2Practices Act, chapter 13; and246.3    (6) the long-term care consultant's decision regarding the person's need for nursing 246.4facility level of care;246.5    (5) (7) the person's right to appeal the decision regarding the need for nursing facility 246.6level of care or the county's final decisions regarding public programs eligibility according 246.7to section 
         256.045, subdivision 3. 246.8    (i) Face-to-face assessment completed as part of eligibility determination for 246.9the alternative care, elderly waiver, community alternatives for disabled individuals, 246.10community alternative care, and traumatic brain injury waiver programs under sections 246.11256B.0915, 256B.0917, and 256B.49 is valid to establish service eligibility for no more 246.12than 60 calendar days after the date of assessment. The effective eligibility start date 246.13for these programs can never be prior to the date of assessment. If an assessment was 246.14completed more than 60 days before the effective waiver or alternative care program 246.15eligibility start date, assessment and support plan information must be updated in a 246.16face-to-face visit and documented in the department's Medicaid Management Information 246.17System (MMIS). The effective date of program eligibility in this case cannot be prior to 246.18the date the updated assessment is completed.246.19    Sec. 19. Minnesota Statutes 2006, section 256B.0911, is amended by adding a 246.20subdivision to read:246.21    Subd. 3c.Transition to housing with services.(a) Housing with services 246.22establishments offering or providing assisted living under chapter 144G shall inform 246.23all prospective residents of the availability of and contact information for transitional 246.24consultation services under this subdivision prior to executing a lease or contract with the 246.25prospective resident. The purpose of transitional long-term care consultation is to support 246.26persons with current or anticipated long-term care needs in making informed choices 246.27among options that include the most cost-effective and least restrictive settings, and to 246.28delay spenddown to eligibility for publicly funded programs by connecting people to 246.29alternative services in their homes before transition to housing with services. Regardless 246.30of the consultation, prospective residents maintain the right to choose housing with 246.31services or assisted living if that option is their preference.246.32    (b) Transitional consultation services are provided as determined by the 246.33commissioner of human services in partnership with county long-term care consultation 246.34units, and the Area Agencies on Aging, and are a combination of telephone-based 246.35and in-person assistance provided under models developed by the commissioner. The 247.1consultation shall be performed in a manner that provides objective and complete 247.2information. Transitional consultation must be provided within five working days of the 247.3request of the prospective resident as follows:247.4    (1) the consultation must be provided by a qualified professional as determined by 247.5the commissioner;247.6    (2) the consultation must include a review of the prospective resident's reasons for 247.7considering assisted living, the prospective resident's personal goals, a discussion of the 247.8prospective resident's immediate and projected long-term care needs, and alternative 247.9community services or assisted living settings that may meet the prospective resident's 247.10needs; and247.11    (3) the prospective resident shall be informed of the availability of long-term care 247.12consultation services described in subdivision 3a that are available at no charge to the 247.13prospective resident to assist the prospective resident in assessment and planning to meet 247.14the prospective resident's long-term care needs.247.15EFFECTIVE DATE.This section is effective October 1, 2008.247.16    Sec. 20. Minnesota Statutes 2006, section 256B.0913, is amended by adding a 247.17subdivision to read:247.18    Subd. 17.Services for persons using reverse mortgages.(a) Alternative care 247.19services are available to a person if:247.20    (1) the person qualifies for the reverse mortgage incentive program under section 247.21462A.05, subdivision 42, and has received the final payment on a qualifying reverse 247.22mortgage, or the person satisfies the criteria in section 462A.05, subdivision 42, paragraph 247.23(b), clauses (1) to (5), and has otherwise obtained a reverse mortgage and payments from 247.24the reverse mortgage for a period of at least 24 months or in an amount of at least $15,000 247.25are used for services and supports, including basic shelter needs, home maintenance, and 247.26modifications or adaptations, necessary to allow the person to remain in the home as an 247.27alternative to a nursing facility placement; and 247.28    (2) the person satisfies the eligibility criteria under this section, other than age, 247.29income, and assets, and verifies that reverse mortgage expenditures were made according 247.30to the spending plan established under section 256B.0911, if one has been established.247.31    (b) In addition to the other services provided under this section, a person who 247.32qualifies under this subdivision shall not be assessed a monthly participation fee under 247.33subdivision 12 nor be subject to an estate claim under section 256B.15 for services 247.34received under this section.248.1    (c) The commissioner shall require a certification of loan satisfaction or other 248.2documentation that the person qualifies under this subdivision. 248.3    Sec. 21. Minnesota Statutes 2006, section 256B.0915, is amended to read:248.4256B.0915 MEDICAID WAIVER FOR ELDERLY SERVICES.248.5    Subdivision 1. Authority. The commissioner is authorized to apply for a home 248.6and community-based services waiver for the elderly, authorized under section 1915(c) 248.7of the Social Security Act, in order to obtain federal financial participation to expand 248.8the availability of services for persons who are eligible for medical assistance. The 248.9commissioner may apply for additional waivers or pursue other federal financial 248.10participation which is advantageous to the state for funding home care services for the 248.11frail elderly who are eligible for medical assistance. The provision of waivered services 248.12to elderly and disabled medical assistance recipients must comply with the criteria for 248.13service definitions and provider standards approved in the waiver.248.14    Subd. 1a. Elderly waiver case management services. (a) Elderly case management 248.15services under the home and community-based services waiver for elderly individuals are 248.16available from providers meeting qualification requirements and the standards specified 248.17in subdivision 1b. Eligible recipients may choose any qualified provider of elderly case 248.18management services.248.19    Case management services assist individuals who receive waiver services in gaining 248.20access to needed waiver and other state plan services, as well as needed medical, social, 248.21educational, and other services regardless of the funding source for the services to which 248.22access is gained.248.23    A case aide shall provide assistance to the case manager in carrying out 248.24administrative activities of the case management function. The case aide may not assume 248.25responsibilities that require professional judgment including assessments, reassessments, 248.26and care plan development. The case manager is responsible for providing oversight of 248.27the case aide.248.28    Case managers shall be responsible for ongoing monitoring of the provision of 248.29services included in the individual's plan of care. Case managers shall initiate and oversee 248.30the process of assessment and reassessment of the individual's care and review plan of 248.31care at intervals specified in the federally approved waiver plan.248.32    (b) The county of service or tribe must provide access to and arrange for case 248.33management services. County of service has the meaning given it in Minnesota Rules, 248.34part 9505.0015, subpart 11.249.1    Subd. 1b. Provider qualifications and standards. The commissioner must 249.2enroll qualified providers of elderly case management services under the home 249.3and community-based waiver for the elderly under section 1915(c) of the Social 249.4Security Act. The enrollment process shall ensure the provider's ability to meet the 249.5qualification requirements and standards in this subdivision and other federal and state 249.6requirements of this service. An elderly case management provider is an enrolled medical 249.7assistance provider who is determined by the commissioner to have all of the following 249.8characteristics:249.9    (1) the demonstrated capacity and experience to provide the components of 249.10case management to coordinate and link community resources needed by the eligible 249.11population;249.12    (2) administrative capacity and experience in serving the target population for 249.13whom it will provide services and in ensuring quality of services under state and federal 249.14requirements;249.15    (3) a financial management system that provides accurate documentation of services 249.16and costs under state and federal requirements;249.17    (4) the capacity to document and maintain individual case records under state and 249.18federal requirements; and249.19    (5) the countylead agency may allow a case manager employed by the countylead 249.20agency to delegate certain aspects of the case management activity to another individual 249.21employed by the countylead agency provided there is oversight of the individual by 249.22the case manager. The case manager may not delegate those aspects which require 249.23professional judgment including assessments, reassessments, and care plan development.249.24Lead agencies include counties, health plans, and federally recognized tribes who 249.25authorize services under this section.249.26    Subd. 1c.Case management activities under the state plan.The commissioner 249.27shall seek an amendment to the home and community-based services waiver for the 249.28elderly to implement the provisions of subdivisions 1a and 1b. If the commissioner 249.29is unable to secure the approval of the secretary of health and human services for the 249.30requested waiver amendment by December 31, 1993, the commissioner shall amend 249.31the medical assistance state plan to provide that case management provided under the 249.32home and community-based services waiver for the elderly is performed by counties 249.33as an administrative function for the proper and effective administration of the state 249.34medical assistance plan. The state shall reimburse counties for the nonfederal share of 249.35costs for case management performed as an administrative function under the home and 249.36community-based services waiver for the elderly.250.1    Subd. 1d. Posteligibility treatment of income and resources for elderly waiver.250.2    Notwithstanding the provisions of section 
         256B.056, the commissioner shall make the 250.3following amendment to the medical assistance elderly waiver program effective July 1, 250.41999, or upon federal approval, whichever is later. 250.5    A recipient's maintenance needs will be an amount equal to the Minnesota 250.6supplemental aid equivalent rate as defined in section 
         256I.03, subdivision 5, plus the 250.7medical assistance personal needs allowance as defined in section 
         256B.35, subdivision 250.81
         , paragraph (a), when applying posteligibility treatment of income rules to the gross 250.9income of elderly waiver recipients, except for individuals whose income is in excess of 250.10the special income standard according to Code of Federal Regulations, title 42, section 250.11435.236
         . Recipient maintenance needs shall be adjusted under this provision each July 1. 250.12    Subd. 2. Spousal impoverishment policies. The commissioner shall seek to amend 250.13the federal waiver and the medical assistance state plan to allowapply:250.14    (1) the spousal impoverishment criteria as authorized under United States Code, title 250.1542, section 1396r-5, and as implemented in sections 
         256B.0575, 
         256B.058, and 
         256B.059, 250.16except that the amendment shall seek to add to;250.17    (2)  the personal needs allowance permitted in section 
         256B.0575,; and250.18    (3) an amount equivalent to the group residential housing rate as set by section 250.19256I.03, subdivision 5
         , and according to the approved federal waiver and medical 250.20assistance state plan. 250.21    Subd. 3. Limits of cases. The number of medical assistance waiver recipients that 250.22a countylead agency may serve must be allocated according to the number of medical 250.23assistance waiver cases open on July 1 of each fiscal year. Additional recipients may be 250.24served with the approval of the commissioner.250.25    Subd. 3a. Elderly waiver cost limits. (a) The monthly limit for the cost of waivered 250.26services to an individual elderly waiver client shall be the weighted average monthly 250.27nursing facility rate of the case mix resident class to which the elderly waiver client would 250.28be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, less the recipient's 250.29maintenance needs allowance as described in subdivision 1d, paragraph (a), until the first 250.30day of the state fiscal year in which the resident assessment system as described in section 250.31256B.437
          for nursing home rate determination is implemented. Effective on the first day 250.32of the state fiscal year in which the resident assessment system as described in section 250.33256B.437
          for nursing home rate determination is implemented and the first day of each 250.34subsequent state fiscal year, the monthly limit for the cost of waivered services to an 250.35individual elderly waiver client shall be the rate of the case mix resident class to which the 250.36waiver client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, 251.1in effect on the last day of the previous state fiscal year, adjusted by the greater of any 251.2legislatively adopted home and community-based services percentage rate increase or the 251.3average statewide percentage increase in nursing facility payment rates. 251.4    (b) If extended medical supplies and equipment or environmental modifications are 251.5or will be purchased for an elderly waiver client, the costs may be prorated for up to 251.612 consecutive months beginning with the month of purchase. If the monthly cost of a 251.7recipient's waivered services exceeds the monthly limit established in paragraph (a), the 251.8annual cost of all waivered services shall be determined. In this event, the annual cost of 251.9all waivered services shall not exceed 12 times the monthly limit of waivered services as 251.10described in paragraph (a).251.11    Subd. 3b. Cost limits for elderly waiver applicants who reside in a nursing 251.12facility. (a) For a person who is a nursing facility resident at the time of requesting a 251.13determination of eligibility for elderly waivered services, a monthly conversion limit 251.14for the cost of elderly waivered services may be requested. The monthly conversion 251.15limit for the cost of elderly waiver services shall be the resident class assigned under 251.16Minnesota Rules, parts 9549.0050 to 9549.0059, for that resident in the nursing facility 251.17where the resident currently resides until July 1 of the state fiscal year in which the 251.18resident assessment system as described in section 
         256B.437256B.438 for nursing home 251.19rate determination is implemented. Effective on July 1 of the state fiscal year in which 251.20the resident assessment system as described in section 
         256B.437256B.438 for nursing 251.21home rate determination is implemented, the monthly conversion limit for the cost of 251.22elderly waiver services shall be the per diem nursing facility rate as determined by the 251.23resident assessment system as described in section 
         256B.437256B.438 for that resident in 251.24the nursing facility where the resident currently resides multiplied by 365 and divided 251.25by 12, less the recipient's maintenance needs allowance as described in subdivision 1d. 251.26The initially approved conversion rate may be adjusted by the greater of any subsequent 251.27legislatively adopted home and community-based services percentage rate increase or 251.28the average statewide percentage increase in nursing facility payment rates. The limit 251.29under this subdivision only applies to persons discharged from a nursing facility after a 251.30minimum 30-day stay and found eligible for waivered services on or after July 1, 1997. 251.31For conversions from the nursing home to the elderly waiver with consumer directed 251.32community support services, the conversion rate limit is equal to the nursing facility rate 251.33reduced by a percentage equal to the percentage difference between the consumer directed 251.34services budget limit that would be assigned according to the federally approved waiver 251.35plan and the corresponding community case mix cap, but not to exceed 50 percent.252.1    (b) The following costs must be included in determining the total monthly costs 252.2for the waiver client:252.3    (1) cost of all waivered services, including extended medical supplies and equipment 252.4and environmental modifications and adaptations; and252.5    (2) cost of skilled nursing, home health aide, and personal care services reimbursable 252.6by medical assistance.252.7    Subd. 3c. Service approval and contracting provisions. (a) Medical assistance 252.8funding for skilled nursing services, private duty nursing, home health aide, and personal 252.9care services for waiver recipients must be approved by the case manager and included in 252.10the individual care plan.252.11    (b) A countylead agency is not required to contract with a provider of supplies and 252.12equipment if the monthly cost of the supplies and equipment is less than $250.252.13    Subd. 3d. Adult foster care rate. The adult foster care rate shall be considered 252.14a difficulty of care payment and shall not include room and board. The adult foster 252.15care service rate shall be negotiated between the countylead agency and the foster care 252.16provider. The elderly waiver payment for the foster care service in combination with 252.17the payment for all other elderly waiver services, including case management, must not 252.18exceed the limit specified in subdivision 3a, paragraph (a).252.19    Subd. 3e. Assisted livingCustomized living service rate. (a) Payment for assisted 252.20living servicecustomized living services shall be a monthly rate negotiated and authorized 252.21by the county agency based on an individualized service plan for each resident and may 252.22not cover direct rent or food costs. lead agency within the parameters established by 252.23the commissioner. The payment agreement must delineate the services that have been 252.24customized for each recipient and specify the amount of each service to be provided. The 252.25lead agency shall ensure that there is a documented need for all services authorized. 252.26Customized living services must not include rent or raw food costs. The negotiated 252.27payment rate must be based on services to be provided. Negotiated rates must not exceed 252.28payment rates for comparable elderly waiver or medical assistance services and must 252.29reflect economies of scale.252.30    (b) The individualized monthly negotiated payment for assisted livingcustomized 252.31living services as described in section 256B.0913, subdivisions 5d to 5f, and residential 252.32care services as described in section 256B.0913, subdivision 5c, shall not exceed the 252.33nonfederal share, in effect on July 1 of the state fiscal year for which the rate limit 252.34is being calculated, of the greater of either the statewide or any of the geographic 252.35groups' weighted average monthly nursing facility rate of the case mix resident class 252.36to which the elderly waiver eligible client would be assigned under Minnesota Rules, 253.1parts 9549.0050 to 9549.0059, less the maintenance needs allowance as described in 253.2subdivision 1d, paragraph (a), until the July 1 of the state fiscal year in which the resident 253.3assessment system as described in section 
         256B.437 for nursing home rate determination 253.4is implemented. Effective on July 1 of the state fiscal year in which the resident 253.5assessment system as described in section 
         256B.437 for nursing home rate determination 253.6is implemented and July 1 of each subsequent state fiscal year, the individualized monthly 253.7negotiated payment for the services described in this clause shall not exceed the limit 253.8described in this clause which was in effect on June 30 of the previous state fiscal year 253.9and which has been adjusted by the greater of any legislatively adopted home and 253.10community-based services cost-of-living percentage increase or any legislatively adopted 253.11statewide percent rate increase for nursing facilities. 253.12    (c) The individualized monthly negotiated payment for assisted Customized living 253.13services described in section 144A.4605 and are delivered by a provider licensed by the 253.14Department of Health as a class A or class F home care provider or an assisted living 253.15home care provider and provided in a building that is registered as a housing with services 253.16establishment under chapter 144D and that provides 24-hour supervision in combination 253.17with the payment for other elderly waiver services, including case management, must not 253.18exceed the limit specified in subdivision 3a. 253.19    Subd. 3f. Individual service rates; expenditure forecasts. (a) The countylead 253.20agency shall negotiate individual service rates with vendors and may authorize payment 253.21for actual costs up to the county'slead agency's current approved rate. Persons or agencies 253.22must be employed by or under a contract with the countylead agency or the public health 253.23nursing agency of the local board of health in order to receive funding under the elderly 253.24waiver program, except as a provider of supplies and equipment when the monthly cost of 253.25the supplies and equipment is less than $250.253.26    (b) Reimbursement for the medical assistance recipients under the approved waiver 253.27shall be made from the medical assistance account through the invoice processing 253.28procedures of the department's Medicaid Management Information System (MMIS), 253.29only with the approval of the client's case manager. The budget for the state share of the 253.30Medicaid expenditures shall be forecasted with the medical assistance budget, and shall 253.31be consistent with the approved waiver.253.32    Subd. 3g. Service rate limits; state assumption of costs. (a) To improve access 253.33to community services and eliminate payment disparities between the alternative care 253.34program and the elderly waiver, the commissioner shall establish statewide maximum 253.35service rate limits and eliminate county-specificlead agency-specific service rate limits.254.1    (b) Effective July 1, 2001, for service rate limits, except those described or defined in 254.2subdivisions 3d and 3e, the rate limit for each service shall be the greater of the alternative 254.3care statewide maximum rate or the elderly waiver statewide maximum rate.254.4    (c) CountiesLead agencies may negotiate individual service rates with vendors for 254.5actual costs up to the statewide maximum service rate limit.254.6    Subd. 3h.Service rate limits; 24-hour customized living services.The payment 254.7rates for 24-hour customized living services is a monthly rate negotiated and authorized by 254.8the lead agency within the parameters established by the commissioner of human services. 254.9The payment agreement must delineate the services that have been customized for each 254.10recipient and specify the amount of each service to be provided. The lead agency shall 254.11ensure that there is a documented need for all services authorized. The lead agency shall 254.12not authorize 24-hour customized living services unless there is a documented need for 254.1324-hour supervision. For purposes of this section, "24-hour supervision" means that the 254.14recipient requires assistance due to needs related to one or more of the following:254.15    (1) intermittent assistance with toileting or transferring;254.16    (2) cognitive or behavioral issues;254.17    (3) a medical condition that requires clinical monitoring; or254.18    (4) other conditions or needs as defined by the commissioner of human services. 254.19The lead agency shall ensure that the frequency and mode of supervision of the recipient 254.20and the qualifications of staff providing supervision are described and meet the needs 254.21of the recipient. Customized living services must not include rent or raw food costs. 254.22The negotiated payment rate for 24-hour customized living services must be based on 254.23services to be provided. Negotiated rates must not exceed payment rates for comparable 254.24elderly waiver or medical assistance services and must reflect economies of scale. The 254.25individually negotiated 24-hour customized living payments, in combination with the 254.26payment for other elderly waiver services, including case management, must not exceed 254.27the recipient's community budget cap specified in subdivision 3a.254.28    Subd. 4. Termination notice. The case manager must give the individual a ten-day 254.29written notice of any denial, reduction, or termination of waivered services.254.30    Subd. 5. Assessments and reassessments for waiver clients. Each client shall 254.31receive an initial assessment of strengths, informal supports, and need for services in 254.32accordance with section 
         256B.0911, subdivisions 3, 3a, and 3b. A reassessment of a 254.33client served under the elderly waiver must be conducted at least every 12 months and 254.34at other times when the case manager determines that there has been significant change 254.35in the client's functioning. This may include instances where the client is discharged 254.36from the hospital. 255.1    Subd. 6. Implementation of care plan. Each elderly waiver client shall be provided 255.2a copy of a written care plan that meets the requirements outlined in section 
         256B.0913, 255.3subdivision 8
         . The care plan must be implemented by the county administering waivered 255.4servicesof service when it is different than the county of financial responsibility. The 255.5county of service administering waivered services must notify the county of financial 255.6responsibility of the approved care plan.255.7    Subd. 7. Prepaid elderly waiver services. An individual for whom a prepaid health 255.8plan is liable for nursing home services or elderly waiver services according to section 255.9256B.69, subdivision 6a
         , is not eligible to also receive county-administered elderly waiver 255.10services under this section. 255.11    Subd. 8. Services and supports. (a) Services and supports shall meet the 255.12requirements set out in United States Code, title 42, section 1396n.255.13    (b) Services and supports shall promote consumer choice and be arranged and 255.14provided consistent with individualized, written care plans.255.15    (c) The state of Minnesota, county, managed care organization, or tribal government 255.16under contract to administer the elderly waiver shall not be liable for damages, injuries, 255.17or liabilities sustained through the purchase of direct supports or goods by the person, 255.18the person's family, or the authorized representatives with funds received through 255.19consumer-directed community support services under the federally approved waiver plan. 255.20Liabilities include, but are not limited to, workers' compensation liability, the Federal 255.21Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act (FUTA).255.22    Subd. 9. Tribal management of elderly waiver. Notwithstanding contrary 255.23provisions of this section, or those in other state laws or rules, the commissioner may 255.24develop a model for tribal management of the elderly waiver program and implement this 255.25model through a contract between the state and any of the state's federally recognized tribal 255.26governments. The model shall include the provision of tribal waiver case management, 255.27assessment for personal care assistance, and administrative requirements otherwise carried 255.28out by countieslead agencies but shall not include tribal financial eligibility determination 255.29for medical assistance.255.30EFFECTIVE DATE.Subdivision 3h is effective the day following final enactment.255.31    Sec. 22. Minnesota Statutes 2006, section 256B.095, is amended to read:255.32256B.095 QUALITY ASSURANCE SYSTEM ESTABLISHED.255.33    (a) Effective July 1, 1998, a quality assurance system for persons with developmental 255.34disabilities, which includes an alternative quality assurance licensing system for programs, 256.1is established in Dodge, Fillmore, Freeborn, Goodhue, Houston, Mower, Olmsted, Rice, 256.2Steele, Wabasha, and Winona Counties for the purpose of improving the quality of 256.3services provided to persons with developmental disabilities. A county, at its option, may 256.4choose to have all programs for persons with developmental disabilities located within 256.5the county licensed under chapter 245A using standards determined under the alternative 256.6quality assurance licensing system or may continue regulation of these programs under 256.7the licensing system operated by the commissioner. The project expires on June 30, 256.820092014.256.9    (b) Effective July 1, 2003, a county not listed in paragraph (a) may apply to 256.10participate in the quality assurance system established under paragraph (a). The 256.11commission established under section 
         256B.0951 may, at its option, allow additional 256.12counties to participate in the system.256.13    (c) Effective July 1, 2003, any county or group of counties not listed in paragraph (a) 256.14may establish a quality assurance system under this section. A new system established 256.15under this section shall have the same rights and duties as the system established 256.16under paragraph (a). A new system shall be governed by a commission under section 256.17256B.0951
         . The commissioner shall appoint the initial commission members based 256.18on recommendations from advocates, families, service providers, and counties in the 256.19geographic area included in the new system. Counties that choose to participate in a 256.20new system shall have the duties assigned under section 
         256B.0952. The new system 256.21shall establish a quality assurance process under section 
         256B.0953. The provisions of 256.22section 
         256B.0954 shall apply to a new system established under this paragraph. The 256.23commissioner shall delegate authority to a new system established under this paragraph 256.24according to section 
         256B.0955.256.25    (d) Effective July 1, 2007, the quality assurance system may be expanded to include 256.26programs for persons with disabilities and older adults.256.27    Sec. 23. Minnesota Statutes 2006, section 256B.0951, subdivision 1, is amended to 256.28read:256.29    Subdivision 1. Membership. The Quality Assurance Commission is established. 256.30The commission consists of at least 14 but not more than 21 members as follows: at 256.31least three but not more than five members representing advocacy organizations; at 256.32least three but not more than five members representing consumers, families, and their 256.33legal representatives; at least three but not more than five members representing service 256.34providers; at least three but not more than five members representing counties; and the 256.35commissioner of human services or the commissioner's designee. The first commission 257.1shall establish membership guidelines for the transition and recruitment of membership for 257.2the commission's ongoing existence. Members of the commission who do not receive a 257.3salary or wages from an employer for time spent on commission duties may receive a per 257.4diem payment when performing commission duties and functions. All members may be 257.5reimbursed for expenses related to commission activities. Notwithstanding the provisions 257.6of section 
         15.059, subdivision 5, the commission expires on June 30, 20092014.257.7    Sec. 24. [256B.096] QUALITY MANAGEMENT, ASSURANCE, AND 257.8IMPROVEMENT SYSTEM FOR MINNESOTANS RECEIVING DISABILITY 257.9SERVICES.257.10    Subdivision 1.Scope.In order to improve the quality of services provided to 257.11Minnesotans with disabilities and to meet the requirements of the federally approved home 257.12and community-based waivers under section 1915c of the Social Security Act, a statewide 257.13quality assurance and improvement system for Minnesotans receiving disability services 257.14shall be developed. The disability services included are the home and community-based 257.15services waiver programs for persons with developmental disabilities under section 257.16256B.092, subdivision 4, and for persons with disabilities under section 256B.49.257.17    Subd. 2.Stakeholder advisory group.The commissioner shall consult with a 257.18stakeholder advisory group on the development and implementation of the state quality 257.19management, assurance, and improvement system, including representatives of disability 257.20service recipients, disability service providers, disability advocacy groups, county human 257.21service agencies, and state agency staff from the Departments of Human Services and 257.22Health, and the ombudsman for mental health and developmental disabilities on the 257.23development of a statewide quality assurance and improvement system.257.24    Subd. 3.Annual survey of service recipients.The commissioner, in consultation 257.25with the stakeholder advisory group, shall develop  an annual independent random 257.26statewide survey of between five and ten percent of service recipients to determine the 257.27effectiveness and quality of disability services. The survey shall be consistent with the 257.28system performance expectations of the Centers for Medicare and Medicaid Services 257.29quality management requirements and framework. The survey shall analyze whether 257.30desired outcomes have been achieved for persons with different demographic, diagnostic, 257.31health, and functional needs receiving different types of services, in different settings, 257.32with different costs. The survey shall be field tested during 2008. The biennial report 257.33established in subdivision 5 shall include recommendations on statewide and regional 257.34reports of the survey results that, if published, would be useful to regions, counties, and 257.35providers to plan and measure the impact of quality improvement activities.258.1    Subd. 4.Improvements for incident reporting, investigation, analysis, and 258.2follow-up. In consultation with the stakeholder advisory group, the commissioner shall 258.3identify the information, data sources, and technology needed to improve the system 258.4of incident reporting, including:258.5    (1) reports made under the Maltreatment of Minors and Vulnerable Adults Acts; and 258.6    (2) investigation, analysis, and follow-up for disability services.258.7The commissioner must ensure that the federal home and community-based waiver 258.8requirements are met and that incidents that may have jeopardized safety and health or 258.9violated service-related assurances, civil and human rights, and other protections designed 258.10to prevent abuse, neglect, and exploitation, are reviewed, investigated, and acted upon 258.11in a timely manner.258.12    Subd. 5.Biennial report.The commissioner shall provide a biennial report to the 258.13chairs of the legislative committees with jurisdiction over health and human services 258.14policy and funding beginning January 15, 2009, on the development and activities of the 258.15quality management, assurance, and improvement system designed to meet the federal 258.16requirements under the home and community-based services waiver programs for persons 258.17with disabilities. By January 15, 2008, the commissioner shall provide a preliminary 258.18report on priorities for meeting the federal requirements, progress on development and 258.19field testing of the annual survey, appropriations necessary to implement an annual survey 258.20of service recipients once field testing is completed, recommendations for improvements 258.21in the incident reporting system, and a plan for incorporating quality assurance efforts 258.22under section 256B.095 and other regional efforts into the statewide system.258.23    Sec. 25. Minnesota Statutes 2006, section 256B.15, is amended by adding a 258.24subdivision to read:258.25    Subd. 9.Recovery of alternative care and certain reverse mortgages.The state 258.26and a county agency shall not recover alternative care paid for a person under section 258.27256B.0913, subdivision 17, under this section.258.28    Sec. 26. Minnesota Statutes 2006, section 256B.431, subdivision 2e, is amended to 258.29read:258.30    Subd. 2e. Contracts for services for ventilator-dependent persons.(a) 258.31The commissioner may negotiate with a nursing facility eligible to receive medical 258.32assistance payments to provide services to a ventilator-dependent person identified by the 258.33commissioner according to criteria developed by the commissioner, including:259.1    (1) nursing facility care has been recommended for the person by a preadmission 259.2screening team;259.3    (2) the person has been hospitalized and no longer requires inpatient acute care 259.4hospital services; and259.5    (3) the commissioner has determined that necessary services for the person cannot 259.6be provided under existing nursing facility rates.259.7    The commissioner may negotiate an adjustment to the operating cost payment 259.8rate for a nursing facility with a resident who is ventilator-dependent, for that resident. 259.9The negotiated adjustment must reflect only the actual additional cost of meeting the 259.10specialized care needs of a ventilator-dependent person identified by the commissioner 259.11for whom necessary services cannot be provided under existing nursing facility rates and 259.12which are not otherwise covered under Minnesota Rules, parts 9549.0010 to 9549.0080 or 259.139505.0170 to 9505.0475. For persons who are initially admitted to a nursing facility before 259.14July 1, 2001, and have their payment rate under this subdivision negotiated after July 1, 259.152001, the negotiated payment rate must not exceed 200 percent of the highest multiple 259.16bedroom payment rate for the facility, as initially established by the commissioner for the 259.17rate year for case mix classification K; or, upon implementation of the RUG's-based case 259.18mix system, 200 percent of the highest RUG's rate. For persons initially admitted to a 259.19nursing facility on or after July 1, 2001, the negotiated payment rate must not exceed 300 259.20percent of the facility's multiple bedroom payment rate for case mix classification K; or, 259.21upon implementation of the RUG's-based case mix system, 300 percent of the highest 259.22RUG's rate. The negotiated adjustment shall not affect the payment rate charged to private 259.23paying residents under the provisions of section   
         256B.48, subdivision 1. 259.24    (b) Effective July 1, 2007, or upon opening a unit of at least ten beds dedicated to 259.25care of ventilator-dependent persons in partnership with Mayo Health Systems, whichever 259.26is later, the operating payment rates for residents determined eligible under paragraph (a) 259.27of a nursing facility in Waseca County that on February 1, 2007, was licensed for 70 beds 259.28and reimbursed under this section, section 256B.434, or section 256B.441, shall be 300 259.29percent of the facility's highest RUG rate.259.30    Sec. 27. Minnesota Statutes 2006, section 256B.431, subdivision 17a, is amended to 259.31read:259.32    Subd. 17a. Allowable interest expense. (a) Notwithstanding Minnesota Rules, part 259.339549.0060, subparts 5, item A, subitems (1) and (3), and 7, item D, allowable interest 259.34expense on debt shall include:260.1    (1) interest expense on debt related to the cost of purchasing or replacing depreciable 260.2equipment, excluding vehicles, not to exceed six ten percent of the total historical cost 260.3of the project; and260.4    (2) interest expense on debt related to financing or refinancing costs, including costs 260.5related to points, loan origination fees, financing charges, legal fees, and title searches; and 260.6issuance costs including bond discounts, bond counsel, underwriter's counsel, corporate 260.7counsel, printing, and financial forecasts. Allowable debt related to items in this clause 260.8shall not exceed seven percent of the total historical cost of the project. To the extent 260.9these costs are financed, the straight-line amortization of the costs in this clause is not an 260.10allowable cost; and260.11    (3) interest on debt incurred for the establishment of a debt reserve fund, net of the 260.12interest earned on the debt reserve fund.260.13    (b) Debt incurred for costs under paragraph (a) is not subject to Minnesota Rules, 260.14part 9549.0060, subpart 5, item A, subitem (5) or (6).260.15EFFECTIVE DATE.This section is effective October 1, 2007.260.16    Sec. 28. Minnesota Statutes 2006, section 256B.434, subdivision 4, is amended to read:260.17    Subd. 4. Alternate rates for nursing facilities. (a) For nursing facilities which 260.18have their payment rates determined under this section rather than section 
         256B.431, the 260.19commissioner shall establish a rate under this subdivision. The nursing facility must enter 260.20into a written contract with the commissioner.260.21    (b) A nursing facility's case mix payment rate for the first rate year of a facility's 260.22contract under this section is the payment rate the facility would have received under 260.23section 
         256B.431.260.24    (c) A nursing facility's case mix payment rates for the second and subsequent years 260.25of a facility's contract under this section are the previous rate year's contract payment 260.26rates plus an inflation adjustment and, for facilities reimbursed under this section or 260.27section 
         256B.431, an adjustment to include the cost of any increase in Health Department 260.28licensing fees for the facility taking effect on or after July 1, 2001. The index for the 260.29inflation adjustment must be based on the change in the Consumer Price Index-All Items 260.30(United States City average) (CPI-U) forecasted by the commissioner of finance's national 260.31economic consultant, as forecasted in the fourth quarter of the calendar year preceding 260.32the rate year. The inflation adjustment must be based on the 12-month period from the 260.33midpoint of the previous rate year to the midpoint of the rate year for which the rate is 260.34being determined. For the rate years beginning on July 1, 1999, July 1, 2000, July 1, 260.352001, July 1, 2002, July 1, 2003, July 1, 2004, July 1, 2005, July 1, 2006, July 1, 2007, 261.1and July 1, 2008,  October 1, 2009, and October 1, 2010,this paragraph shall apply only 261.2to the property-related payment rate, except that adjustments to include the cost of any 261.3increase in Health Department licensing fees taking effect on or after July 1, 2001, shall 261.4be provided. Beginning in 2005, adjustment to the property payment rate under this 261.5section and section 
         256B.431 shall be effective on October 1. In determining the amount 261.6of the property-related payment rate adjustment under this paragraph, the commissioner 261.7shall determine the proportion of the facility's rates that are property-related based on the 261.8facility's most recent cost report. 261.9    (d) The commissioner shall develop additional incentive-based payments of up to 261.10five percent above a facility's operating payment rate for achieving outcomes specified 261.11in a contract. The commissioner may solicit contract amendments and implement those 261.12which, on a competitive basis, best meet the state's policy objectives. The commissioner 261.13shall limit the amount of any incentive payment and the number of contract amendments 261.14under this paragraph to operate the incentive payments within funds appropriated for this 261.15purpose. The contract amendments may specify various levels of payment for various 261.16levels of performance. Incentive payments to facilities under this paragraph may be in the 261.17form of time-limited rate adjustments or onetime supplemental payments. In establishing 261.18the specified outcomes and related criteria, the commissioner shall consider the following 261.19state policy objectives:261.20    (1) successful diversion or discharge of residents to the residents' prior home or other 261.21community-based alternatives;261.22    (2) adoption of new technology to improve quality or efficiency; 261.23    (3) improved quality as measured in the Nursing Home Report Card; 261.24    (4) reduced acute care costs; and261.25    (5) any additional outcomes proposed by a nursing facility that the commissioner 261.26finds desirable.261.27    (e) Notwithstanding the threshold in section 256B.431, subdivision 16, facilities that 261.28take action to come into compliance with existing or pending requirements of the life 261.29safety code provisions or federal regulations governing sprinkler systems must receive 261.30reimbursement for the costs associated with compliance if all of the following conditions 261.31are met:261.32    (1) the expenses associated with compliance occurred on or after January 1, 2005, 261.33and before December 31, 2008;261.34    (2) the costs were not otherwise reimbursed under subdivision 4f or section 261.35144A.071 or 144A.073; and262.1    (3) the total allowable costs reported under this paragraph are  less than the minimum 262.2threshold established under section 256B.431, subdivision 15, paragraph (e), and 262.3subdivision 16.262.4The commissioner shall use money appropriated for this purpose to provide to qualifying 262.5nursing facilities a rate adjustment beginning October 1, 2007, and ending September 30, 262.62008. Nursing facilities that have spent money or anticipate the need to spend money 262.7to satisfy the most recent life safety code requirements by (1) installing a sprinkler 262.8system or (2) replacing all or portions of an existing sprinkler system may submit to the 262.9commissioner by June 30, 2007, on a form provided by the commissioner the actual 262.10costs of a completed project or the estimated costs, based on a project bid, of a planned 262.11project. The commissioner shall calculate a rate adjustment equal to the allowable 262.12costs of the project divided by the resident days reported for the report year ending 262.13September 30, 2006. If the costs from all projects exceed the appropriation for this 262.14purpose, the commissioner shall allocate the money appropriated on a pro rata basis to the 262.15qualifying facilities by reducing the rate adjustment determined for each facility by an 262.16equal percentage. Facilities that used estimated costs when requesting the rate adjustment 262.17shall report to the commissioner by January 31, 2009, on the use of this money on a 262.18form provided by the commissioner. If the nursing facility fails to provide the report, the 262.19commissioner shall recoup the money paid to the facility for this purpose. If the facility 262.20reports expenditures allowable under this subdivision that are less than the amount received 262.21in the facility's annualized rate adjustment, the commissioner shall recoup the difference.262.22    Sec. 29. Minnesota Statutes 2006, section 256B.434, is amended by adding a 262.23subdivision to read:262.24    Subd. 4j.Rate increase for facilities in Chisago County.Effective October 1, 262.252007, to September 30, 2008, operating payment rates of all nursing facilities in Chisago 262.26County that are reimbursed under this section or section 256B.441 shall be increased to be 262.27equal, for a RUG's rate with a weight of 1.00, to the geographic group III median rate for 262.28the same RUG's weight. The percentage of the operating payment rate for each facility 262.29to be case-mix adjusted shall be equal to the percentage that is case-mix adjusted in that 262.30facility's September 30, 2007, operating payment rate. This subdivision applies only if it 262.31results in a rate increase. Increases provided by this subdivision shall be added to the rate 262.32determined under any new reimbursement system established under section 256B.441.262.33    Sec. 30. Minnesota Statutes 2006, section 256B.434, is amended by adding a 262.34subdivision to read:263.1    Subd. 19.Nursing facility rate increases beginning October 1, 2007. (a) For the 263.2rate year beginning October 1, 2007, the commissioner shall make available to each 263.3nursing facility reimbursed under this section operating payment rate adjustments equal to 263.42.62 percent of the operating payment rates in effect on September 30, 2007.263.5    (b) Seventy-five percent of the money resulting from the rate adjustment under 263.6paragraph (a) must be used for increases in compensation-related costs for employees 263.7directly employed by the nursing facility on or after the effective date of the rate 263.8adjustment, except:263.9    (1) the administrator;263.10    (2) persons employed in the central office of a corporation that has an ownership 263.11interest in the nursing facility or exercises control over the nursing facility; and 263.12    (3) persons paid by the nursing facility under a management contract.263.13    (c) Two-thirds of the money available under paragraph (b) must be used for wage 263.14increases for all employees directly employed by the nursing facility on or after the 263.15effective date of the rate adjustment, except those listed in paragraph (b), clauses (1) to 263.16(3). The wage adjustment that employees receive under this paragraph must be paid as 263.17an equal hourly percentage wage increase for all eligible employees. All wage increases 263.18under this paragraph must be effective on the same date. Only costs associated with the 263.19portion of the equal hourly percentage wage increase that goes to all employees shall 263.20qualify under this paragraph. Costs associated with wage increases in excess of the 263.21amount of the equal hourly percentage wage increase provided to all employees shall be 263.22allowed only for meeting the requirements in paragraph (b). This paragraph shall not 263.23apply to employees covered by a collective bargaining agreement.263.24    (d) The commissioner shall allow as compensation-related costs all costs for:263.25    (1) wages and salaries;263.26    (2) FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' 263.27compensation;263.28    (3) the employer's share of health and dental insurance, life insurance, disability 263.29insurance, long-term care insurance, uniform allowance, and pensions; and263.30    (4) other benefits provided, subject to the approval of the commissioner.263.31    (e) The portion of the rate adjustment under paragraph (a) that is not subject to the 263.32requirements in paragraphs (b) and (c) shall be provided to nursing facilities effective 263.33October 1, 2007.263.34    (f) Nursing facilities may apply for the portion of the rate adjustment under 263.35paragraph (a) that is subject to the requirements in paragraphs (b) and (c). The application 263.36must be submitted to the commissioner within six months of the effective date of the 264.1rate adjustment, and the nursing facility must provide additional information required 264.2by the commissioner within nine months of the effective date of the rate adjustment. 264.3The commissioner must respond to all applications within three weeks of receipt. 264.4The commissioner may waive the deadlines in this paragraph under extraordinary 264.5circumstances, to be determined at the sole discretion of the commissioner. The 264.6application must contain:264.7    (1) an estimate of the amounts of money that must be used as specified in paragraphs 264.8(b) and (c);264.9    (2) a detailed distribution plan specifying the allowable compensation-related and 264.10wage increases the nursing facility will implement to use the funds available in clause (1);264.11    (3) a description of how the nursing facility will notify eligible employees of 264.12the contents of the approved application, which must provide for giving each eligible 264.13employee a copy of the approved application, excluding the information required in clause 264.14(1), or posting a copy of the approved application, excluding the information required in 264.15clause (1), for a period of at least six weeks in an area of the nursing facility to which all 264.16eligible employees have access; and264.17    (4) instructions for employees who believe they have not received the 264.18compensation-related or wage increases specified in clause (2), as approved by the 264.19commissioner, and which must include a mailing address, e-mail address, and the 264.20telephone number that may be used by the employee to contact the commissioner or the 264.21commissioner's representative.264.22    (g) The commissioner shall ensure that cost increases in distribution plans under 264.23paragraph (f), clause (2), that may be included in approved applications, comply with the 264.24following requirements:264.25    (1) costs to be incurred during the applicable rate year resulting from wage and 264.26salary increases effective after October 1, 2006, and prior to the first day of the nursing 264.27facility's payroll period that includes October 1, 2007, shall be allowed if they were not 264.28used in the prior year's application;264.29    (2) a portion of the costs resulting from tenure-related wage or salary increases 264.30may be considered to be allowable wage increases, according to formulas that the 264.31commissioner shall provide, where employee retention is above the average statewide 264.32rate of retention of direct care employees;264.33    (3) the annualized amount of increases in costs for the employer's share of health 264.34and dental insurance, life insurance, disability insurance, and workers' compensation 264.35shall be allowable compensation-related increases if they are effective on or after April 264.361, 2007, and prior to April 1, 2008; and 265.1    (4) for nursing facilities in which employees are represented by an exclusive 265.2bargaining representative, the commissioner shall approve the application only upon 265.3receipt of a letter of acceptance of the distribution plan, in regard to members of the 265.4bargaining unit, signed by the exclusive bargaining agent and dated after enactment of 265.5this subdivision. Upon receipt of the letter of acceptance, the commissioner shall deem 265.6all requirements of this section as having been met in regard to the members of the 265.7bargaining unit.265.8    (h) The commissioner shall review applications received under paragraph (f) and 265.9shall provide the portion of the rate adjustment under paragraphs (b) and (c) if the 265.10requirements of this subdivision have been met. The rate adjustment shall be effective 265.11October 1. Notwithstanding paragraph (a), if the approved application distributes less 265.12money than is available, the amount of the rate adjustment shall be reduced so that the 265.13amount of money made available is equal to the amount to be distributed.265.14    Sec. 31. Minnesota Statutes 2006, section 256B.434, is amended by adding a 265.15subdivision to read:265.16    Subd. 20.Payment of Public Employees Retirement Association costs.Nursing 265.17facilities that participate in the Public Employees Retirement Association (PERA) shall 265.18have the component of their payment rate associated with the costs of PERA determined 265.19for each rate year. Effective for rate years beginning on and after October 1, 2007, the 265.20commissioner shall determine the portion of the payment rate in effect on September 30 265.21each year and shall subtract that amount from the payment rate to be effective on the 265.22following October 1. The portion that shall be deemed to be included in the September 30, 265.232007, rate that is associated with PERA costs shall be the allowed costs in the facility's 265.24base for determining rates under this section, divided by the resident days reported for that 265.25year. The commissioner shall add to the payment rate to be effective on October 1 each 265.26year an amount equal to the reported costs associated with PERA, for the year ended on 265.27the most recent September 30 for which data is available, divided by total resident days 265.28for that year, as reported by the facility and audited under section 256B.441.265.29    Sec. 32. Minnesota Statutes 2006, section 256B.437, is amended by adding a 265.30subdivision to read:265.31    Subd. 10.Big Stone County rate adjustment. Notwithstanding the  requirements 265.32of this section, the commissioner shall approve a planned closure rate adjustment in Big 265.33Stone County for an eight-bed facility in Clinton for reassignment to a 50-bed facility in 265.34Graceville. The adjustment shall be calculated according to subdivisions 3 and 6.266.1    Sec. 33. Minnesota Statutes 2006, section 256B.441, subdivision 1, is amended to read:266.2    Subdivision 1. Rate determination Rebasing of nursing facility operating cost 266.3payment rates. (a) The commissioner shall establish a value-based nursing facility 266.4reimbursement system which will provide facility-specific, prospective rates for nursing 266.5facilities participating in the medical assistance program. The rates shall be determined 266.6using an annual statistical and cost report filed by each nursing facility. The total payment 266.7rate shall be composed of four rate components: direct care services, support services, 266.8external fixed, and property-related rate components. The payment rate shall be derived 266.9from statistical measures of actual costs incurred in facility operation of nursing facilities. 266.10From this cost basis, the components of the total payment rate shall be adjusted for quality 266.11of services provided, recognition of staffing levels, geographic variation in labor costs, and 266.12resident acuity. The commissioner shall rebase nursing facility operating cost payment 266.13rates to align payments to facilities with the cost of providing care. The rebased operating 266.14cost payment rates shall be calculated using the statistical and cost report filed by each 266.15nursing facility for the report period ending one year prior to the rate year.266.16    (b) Rates shall be rebased annually. The new operating cost payment rates based on 266.17this section shall take effect beginning with the rate year beginning October 1, 2008, and 266.18shall be phased in over five rate years through October 1, 2012.266.19    (c) Operating cost payment rates shall be rebased on October 1, 2013, and every 266.20two years after that date.266.21    (d) Each cost reporting year shall begin on October 1 and end on the following 266.22September 30. Beginning in 2006, a statistical and cost report shall be filed by each 266.23nursing facility by January 15. Notice of rates shall be distributed by August 15 and the 266.24rates shall go into effect on October 1 for one year.266.25    (c) The commissioner shall begin to phase in the new reimbursement system 266.26beginning October 1, 2007. Full phase-in shall be completed by October 1, 2011.266.27    (e) Effective October 1, 2011, property rates shall be rebased in accordance with 266.28section 256B.431 and Minnesota Rules, chapter 9549. The commissioner shall determine 266.29what the property payment rate for a nursing facility would be had the facility not had its 266.30property rate determined under section 256B.434. The commissioner shall allow nursing 266.31facilities to provide information affecting this rate determination that would have been 266.32filed annually under Minnesota Rules, chapter 9549, and nursing facilities shall report 266.33information necessary to determine allowable debt. The commissioner shall use this 266.34information to determine the property payment rate.266.35    Sec. 34. Minnesota Statutes 2006, section 256B.441, subdivision 2, is amended to read:267.1    Subd. 2. Definitions. For purposes of this section, the terms in subdivisions 3 to 267.242 42a  have the meanings given unless otherwise provided for in this section.267.3    Sec. 35. Minnesota Statutes 2006, section 256B.441, subdivision 5, is amended to read:267.4    Subd. 5. Administrative costs. "Administrative costs" means the direct costs for 267.5administering the overall activities of the nursing home. These costs include salaries and 267.6wages of the administrator, assistant administrator, business office employees, security 267.7guards, and associated fringe benefits and payroll taxes, fees, contracts, or purchases 267.8related to business office functions, licenses, and permits except as provided in the 267.9external fixed costs category, employee recognition, travel including meals and lodging, 267.10training, voice and data communication or transmission, office supplies, liability insurance 267.11and other forms of insurance not designated to other areas, personnel recruitment, legal 267.12services, accounting services, management or business consultants, data processing, 267.13information technology, Web site, central or home office costs, business meetings and 267.14seminars, postage, fees for professional organizations, subscriptions, security services, 267.15advertising, board of director's fees, working capital interest expense, and bad debts and 267.16bad debt collection fees.267.17    Sec. 36. Minnesota Statutes 2006, section 256B.441, subdivision 6, is amended to read:267.18    Subd. 6. Allowed costs. "Allowed costs" means the amounts reported by the 267.19facility which are necessary for the operation of the facility and the care of residents 267.20and which are reviewed by the department for accuracy,; reasonableness, in accordance 267.21with the requirements set forth in Title XVIII of the federal Social Security Act and the 267.22interpretations in the provider reimbursement manual; and compliance with this section 267.23and generally accepted accounting principles. All references to costs in this section shall 267.24be assumed to refer to allowed costs.267.25    Sec. 37. Minnesota Statutes 2006, section 256B.441, subdivision 10, is amended to 267.26read:267.27    Subd. 10. Dietary costs. "Dietary costs" means the costs for the salaries and wages 267.28of the dietary supervisor, dietitians, chefs, cooks, dishwashers, and other employees 267.29assigned to the kitchen and dining room, and associated fringe benefits and payroll 267.30taxes. Dietary costs also includes the salaries or fees of dietary consultants, direct costs 267.31of raw food (both normal and special diet food), dietary supplies, and food preparation 267.32and serving. Also included are special dietary supplements used for tube feeding or oral 268.1feeding, such as elemental high nitrogen diet, even if written as a prescription item by a 268.2physician.268.3    Sec. 38. Minnesota Statutes 2006, section 256B.441, subdivision 11, is amended to 268.4read:268.5    Subd. 11. Direct care costs category."Direct care costs category" "Direct care 268.6costs" means costs for nursing services, activities, and social services the wages of nursing 268.7administration, staff education, direct care registered nurses, licensed practical nurses, 268.8certified nursing assistants, trained medication aides, and associated fringe benefits and 268.9payroll taxes; services from a supplemental nursing services agency; supplies that are 268.10stocked at nursing stations or on the floor and distributed or used individually, including, 268.11but not limited to: alcohol, applicators, cotton balls, incontinence pads, disposable ice 268.12bags, dressings, bandages, water pitchers, tongue depressors, disposable gloves, enemas, 268.13enema equipment, soap, medication cups, diapers, plastic waste bags, sanitary products, 268.14thermometers, hypodermic needles and syringes, clinical reagents or similar diagnostic 268.15agents, drugs that are not paid on a separate fee schedule by the medical assistance 268.16program or any other payer, and technology related to the provision of nursing care to 268.17residents, such as electronic charting systems.268.18    Sec. 39. Minnesota Statutes 2006, section 256B.441, subdivision 13, is amended to 268.19read:268.20    Subd. 13. External fixed costs category."External fixed costs category" "External 268.21fixed costs"  means costs related to the nursing home surcharge under section 
         256.9657, 268.22subdivision 1
         ; licensure fees under section 
         144.122; long-term care consultation fees 268.23under section 
         256B.0911, subdivision 6; family advisory council fee under section 268.24 144A.33
         ; scholarships under section 
         256B.431, subdivision 36; planned closure rate 268.25adjustments under section 256B.436 or256B.437; or single bed room incentives under 268.26section 256B.431, subdivision 42; property taxes and property insurance; and PERA.268.27    Sec. 40. Minnesota Statutes 2006, section 256B.441, subdivision 14, is amended to 268.28read:268.29    Subd. 14. Facility average case mix index. "Facility average case mix index" or 268.30"CMI" means a numerical value score that describes the relative resource use for all 268.31residents within the groups under the resource utilization group (RUG-III) classification 268.32system prescribed by the commissioner based on an assessment of each resident. The 268.33facility average CMI shall be computed as the standardized days divided by total days for 269.1all residents in the facility. The RUG's weights used in this section shall be as follows 269.2for each RUG's class: SE3 1.605; SE2 1.247; SE1 1.081; RAD 1.509; RAC 1.259; RAB 269.31.109; RAA 0.957; SSC 1.453; SSB 1.224; SSA 1.047; CC2 1.292; CC1 1.200; CB2 269.41.086; CB1 1.017; CA2 0.908; CA1 0.834; IB2 0.877; IB1 0.817; IA2 0.720; IA1 0.676; 269.5BB2 0.956; BB1 0.885; BA2 0.716; BA1 0.673; PE2 1.199; PE1 1.104; PD2 1.023; 269.6PD1 0.948; PC2 0.926; PC1 0.860; PB2 0.786; PB1 0.734; PA2 0.691; PA1 0.651; BC1 269.70.651; and DDF 1.000.269.8    Sec. 41. Minnesota Statutes 2006, section 256B.441, is amended by adding a 269.9subdivision to read:269.10    Subd. 14a.Facility type groups.Facilities shall be classified into two groups, 269.11called "facility type groups," which shall consist of:269.12    (1) C&NC/R80: facilities that are hospital-attached, or are licensed under Minnesota 269.13Rules, parts 9570.2000 to 9570.3400; and 269.14    (2) freestanding: all other facilities.269.15    Sec. 42. Minnesota Statutes 2006, section 256B.441, subdivision 17, is amended to 269.16read:269.17    Subd. 17. Fringe benefit costs. "Fringe benefit costs" means the costs for group 269.18life, health, dental, workers' compensation, and other employee insurances and pension, 269.19profit-sharing, and retirement plans for which the employer pays all or a portion of the 269.20costs and that are available to at least all employees who work at least 20 hours per week.269.21    Sec. 43. Minnesota Statutes 2006, section 256B.441, subdivision 20, is amended to 269.22read:269.23    Subd. 20. Housekeeping costs. "Housekeeping costs" means the costs for the 269.24salaries and wages of the housekeeping supervisor, housekeepers, and other cleaning 269.25employees and associated fringe benefits and payroll taxes. It also includes the cost of 269.26housekeeping supplies, including, but not limited to,  cleaning and lavatory supplies and 269.27contract services.269.28    Sec. 44. Minnesota Statutes 2006, section 256B.441, subdivision 24, is amended to 269.29read:269.30    Subd. 24. Maintenance and plant operations costs. "Maintenance and plant 269.31operations costs" means the costs for the salaries and wages of the maintenance supervisor, 269.32engineers, heating-plant employees, and other maintenance employees and associated 270.1fringe benefits and payroll taxes. It also includes direct costs for maintenance and 270.2operation of the building and grounds, including, but not limited to,  fuel, electricity, 270.3medical waste and garbage removal, water, sewer, supplies, tools, and repairs.270.4    Sec. 45. Minnesota Statutes 2006, section 256B.441, is amended by adding a 270.5subdivision to read:270.6    Subd. 28a.Other direct care costs."Other direct care costs" means the costs 270.7for the salaries and wages and associated fringe benefits and payroll taxes of mental 270.8health workers, religious personnel, and other direct care employees not specified in 270.9the definition of direct care costs. 270.10    Sec. 46. Minnesota Statutes 2006, section 256B.441, subdivision 30, is amended to 270.11read:270.12    Subd. 30. Peer groups. Facilities shall be classified into three groups, called "peer 270.13groups," which by county. The groups  shall consist of:270.14    (1) C&NC/Short Stay/R80 - facilities that have three or more admissions per bed 270.15per year, are hospital-attached, or are licensed under Minnesota Rules, parts 9570.2000 270.16to 9570.3600 group one: facilities in Anoka, Benton, Carlton, Carver, Chisago, Dakota, 270.17Dodge, Goodhue, Hennepin, Isanti, Mille Lacs, Morrison, Olmsted, Ramsey, Rice, Scott, 270.18Sherburne, St. Louis, Stearns, Steele, Wabasha, Washington, Winona, or Wright County;270.19    (2) boarding care homes - facilities that have more than 50 percent of their beds 270.20licensed as boarding care homes group two: facilities in Aitkin, Beltrami, Blue Earth, 270.21Brown, Cass, Clay, Cook, Crow Wing, Faribault, Fillmore, Freeborn, Houston, Hubbard, 270.22Itasca, Kanabec, Koochiching, Lake, Lake of the Woods, Le Sueur, Martin, McLeod, 270.23Meeker, Mower, Nicollet, Norman, Pine, Roseau, Sibley, Todd, Wadena, Waseca, 270.24Watonwan, or Wilkin County; and270.25    (3) standard - all other facilities group three: facilities in all other counties.270.26    Sec. 47. Minnesota Statutes 2006, section 256B.441, subdivision 31, is amended to 270.27read:270.28    Subd. 31. Prior rate-setting method system operating cost payment rate."Prior 270.29rate-setting method" "Prior system operating cost payment rate"  means the operating cost 270.30payment rate determination process in effect prior to October 1, 2006 on September 30, 270.312008, under Minnesota Rules and Minnesota Statutes, not including planned closure rate 270.32adjustments under section 256B.436 or 256B.437, or single bed room incentives under 270.33section 256B.431, subdivision 42.271.1    Sec. 48. Minnesota Statutes 2006, section 256B.441, is amended by adding a 271.2subdivision to read:271.3    Subd. 33a.Raw food costs."Raw food costs" means the cost of food provided to 271.4nursing facility residents. Also included are special dietary supplements used for tube 271.5feeding or oral feeding, such as elemental high nitrogen diet.271.6    Sec. 49. Minnesota Statutes 2006, section 256B.441, subdivision 34, is amended to 271.7read:271.8    Subd. 34. Related organization. "Related organization" means a person that 271.9furnishes goods or services to a nursing facility and that is a close relative of a nursing 271.10facility, an affiliate of a nursing facility, a close relative of an affiliate of a nursing facility, 271.11or an affiliate of a close relative of an affiliate of a nursing facility. As used in this 271.12subdivision, paragraphs (a) to (d) apply:271.13    (a) "Affiliate" means a person that directly, or indirectly through one or more 271.14intermediaries, controls or is controlled by, or is under common control with another 271.15person.271.16    (b) "Person" means an individual, a corporation, a partnership, an association, a 271.17trust, an unincorporated organization, or a government or political subdivision.271.18    (c) "Close relative of an affiliate of a nursing facility" means an individual whose 271.19relationship by blood, marriage, or adoption to an individual who is an affiliate of a 271.20nursing facility is no more remote than first cousin.271.21    (d) "Control" including the terms "controlling," "controlled by," and "under common 271.22control with" means the possession, direct or indirect, of the power to direct or cause the 271.23direction of the management, operations, or policies of a person, whether through the 271.24ownership of voting securities, by contract, or otherwise, or to influence in any manner 271.25other than through an arms length, legal transaction.271.26    Sec. 50. Minnesota Statutes 2006, section 256B.441, subdivision 38, is amended to 271.27read:271.28    Subd. 38. Social services costs. "Social services costs" means the costs for the 271.29salaries and wages of the supervisor and other social work employees, associated fringe 271.30benefits and payroll taxes, supplies, services, and consultants. This category includes the 271.31cost of those employees who manage and process admission to the nursing facility.271.32    Sec. 51. Minnesota Statutes 2006, section 256B.441, is amended by adding a 271.33subdivision to read:272.1    Subd. 42a.Therapy costs."Therapy costs" means any costs related to medical 272.2assistance therapy services provided to residents that are not billed separately from the 272.3daily operating rate.272.4    Sec. 52. Minnesota Statutes 2006, section 256B.441, is amended by adding a 272.5subdivision to read:272.6    Subd. 46a.Calculation of quality add-on for the rate year beginning October 272.71, 2007.(a) The payment rate for the rate year beginning October 1, 2007, for the 272.8quality add-on, is a variable amount based on each facility's quality score. For the rate 272.9year, the maximum quality add-on is .3 percent of the operating payment rate in effect 272.10on September 30, 2007. The commissioner shall determine the quality add-on for each 272.11facility according to paragraphs (b) to (d).272.12    (b) For each facility, the commissioner shall determine the operating payment rate 272.13in effect on September 30, 2007.272.14    (c) For each facility, the commissioner shall determine a ratio of the quality score of 272.15the facility determined in subdivision 44, subtract 40, and then divide by 60. If this value 272.16is less than zero, the commissioner shall use the value zero.272.17    (d) For each facility, the quality add-on is the value determined in paragraph (b), 272.18multiplied by the value determined in paragraph (c), multiplied by .3 percent.272.19    Sec. 53. Minnesota Statutes 2006, section 256B.441, is amended by adding a 272.20subdivision to read:272.21    Subd. 48.Calculation of operating per diems.The direct care per diem for 272.22each facility shall be the facility's direct care costs divided by its standardized days. 272.23The other care-related per diem shall be the sum of the facility's activities costs, other 272.24direct care costs, raw food costs, therapy costs, and social services costs, divided by the 272.25facility's resident days. The other operating per diem shall be the sum of the facility's 272.26administrative costs, dietary costs, housekeeping costs, laundry costs, and maintenance 272.27and plant operations costs divided by the facility's resident days.272.28    Sec. 54. Minnesota Statutes 2006, section 256B.441, is amended by adding a 272.29subdivision to read:272.30    Subd. 49.Determination of total care-related per diem.The total care-related 272.31per diem for each facility shall be the sum of the direct care per diem and the other 272.32care-related per diem.273.1    Sec. 55. Minnesota Statutes 2006, section 256B.441, is amended by adding a 273.2subdivision to read:273.3    Subd. 50.Determination of total care-related limit.(a) The limit on the total 273.4care-related per diem shall be determined for each peer group and facility type group 273.5combination. A facility's total care-related per diems shall be limited to 120 percent of the 273.6median for the facility's peer and facility type group. The facility-specific direct care costs 273.7used in making this comparison and in the calculation of the median shall be based on a 273.8RUG's weight of 1.00. A facility that is above that limit shall have its total care-related per 273.9diem reduced to the limit. If a reduction of the total care-related per diem is necessary 273.10because of this limit, the reduction shall be made proportionally to both the direct care per 273.11diem and the other care-related per diem.273.12    (b) Beginning with rates determined for October 1, 2013, the total care-related limit 273.13shall be a variable amount based on each facility's quality score, as determined under 273.14section 256B.441, subdivision 44, in accordance with clauses (1) to (4):273.15    (1) for each facility, the commissioner shall determine the quality score, subtract 40, 273.16divide by 40, and convert to a percentage;273.17    (2) if the value determined in clause (1) is less than zero, the total care-related limit 273.18shall be 105 percent of the median for the facility's peer and facility type group;273.19    (3) if the value determined in clause (1) is greater than 100 percent, the total 273.20care-related limit shall be 125 percent of the median for the facility's peer and facility 273.21type group; and 273.22    (4) if the value determined in clause (1) is greater than zero and less than 100 273.23percent, the total care-related limit shall be 105 percent of the median for the facility's peer 273.24and facility type group plus one-fifth of the percentage determined in clause (1).273.25    Sec. 56. Minnesota Statutes 2006, section 256B.441, is amended by adding a 273.26subdivision to read:273.27    Subd. 50a.Determination of proximity adjustments.For a nursing facility 273.28located in close proximity to another nursing facility of the same facility group type but in 273.29a different peer group and that has higher limits for care-related or other operating costs, 273.30the commissioner shall adjust the limits in accordance with clauses (1) to (4):273.31    (1) determine the difference between the limits;273.32    (2) determine the distance between the two facilities, by the shortest driving route. If 273.33the distance exceeds 20 miles, no adjustment shall be made;273.34    (3) subtract the value in clause (2) from 20 miles, divide by 20, and convert to a 273.35percentage; and 274.1    (4) increase the limits for the nursing facility with the lower limits by the value 274.2determined in clause (1) multiplied by the value determined in clause (3).274.3    Sec. 57. Minnesota Statutes 2006, section 256B.441, is amended by adding a 274.4subdivision to read:274.5    Subd. 51.Determination of other operating limit.The limit on the other operating 274.6per diem shall be determined for each peer group. A facility's other operating per diem 274.7shall be limited to 105 percent of the median for its peer group. A facility that is above 274.8that limit shall have its other operating per diem reduced to the limit.274.9    Sec. 58. Minnesota Statutes 2006, section 256B.441, is amended by adding a 274.10subdivision to read:274.11    Subd. 51a.Exception allowing contracting for specialized care.(a) For rate years 274.12beginning on or after October 1, 2013, the commissioner may negotiate increases to 274.13the care-related limit for nursing facilities that provide specialized care, at a cost to the 274.14general fund not to exceed $600,000 per year. The commissioner shall publish a request 274.15for proposals annually, and may negotiate increases to the limits that shall apply for either 274.16one or two years before the increase shall be subject to a new proposal and negotiation. 274.17The care-related limit may be increased by up to 50 percent.274.18    (b) In selecting facilities with which to negotiate, the commissioner shall consider:274.19    (1) the diagnoses or other circumstances of residents in the specialized program that 274.20require care that costs substantially more than the RUG's rates associated with those 274.21residents;274.22    (2) the nature of the specialized program or programs offered to meet the needs 274.23of these individuals; and 274.24    (3) outcomes achieved by the specialized program.274.25    Sec. 59. Minnesota Statutes 2006, section 256B.441, is amended by adding a 274.26subdivision to read:274.27    Subd. 52.Determination of efficiency incentive.Each facility shall be eligible 274.28for an efficiency incentive based on its other operating per diem. A facility with an other 274.29operating per diem that exceeds the limit in subdivision 51 shall receive no efficiency 274.30incentive. All other facilities shall receive an incentive calculated as 50 percent times the 274.31difference between the facility's other operating per diem and its other operating per diem 274.32limit, up to a maximum incentive of $3.275.1    Sec. 60. Minnesota Statutes 2006, section 256B.441, is amended by adding a 275.2subdivision to read:275.3    Subd. 53.Calculation of payment rate for external fixed costs.The commissioner 275.4shall calculate a payment rate for external fixed costs.275.5    (a) For a facility licensed as a nursing home, the portion related to section 256.9657 275.6shall be equal to $8.86. For a facility licensed as both a nursing home and a boarding care 275.7home, the portion related to section 256.9657 shall be equal to $8.86 multiplied by the 275.8result of its number of nursing home beds divided by its total number of licensed beds.275.9    (b) The portion related to the licensure fee under section 144.122, paragraph (d), 275.10shall be the amount of the fee divided by actual resident days.275.11    (c) The portion related to scholarships shall be determined under section 256B.431, 275.12subdivision 36.275.13    (d) The portion related to long-term care consultation shall be determined according 275.14to section 256B.0911, subdivision 6.275.15    (e) The portion related to development and education of resident and family advisory 275.16councils under section 144A.33 shall be $5 divided by 365.275.17    (f) The portion related to planned closure rate adjustments shall be as determined 275.18under sections 256B.436 and 256B.437, subdivision 6. Planned closure rate adjustments 275.19that take effect before October 1, 2011, shall no longer be included in the payment rate 275.20for external fixed costs beginning October 1, 2013. Planned closure rate adjustments that 275.21take effect on or after October 1, 2011, shall no longer be included in the payment rate 275.22for external fixed costs beginning on October 1 of the first year not less than two years 275.23after their effective date.275.24    (g) The portions related to property insurance, real estate taxes, special assessments, 275.25and payments made in lieu of real estate taxes directly identified or allocated to the nursing 275.26facility shall be the actual amounts divided by actual resident days.275.27    (h) The portion related to the Public Employees Retirement Association shall be 275.28actual costs divided by resident days.275.29    (i) The single bed room incentives shall be as determined under section 256B.431, 275.30subdivision 42. Single bed room incentives that take effect before October 1, 2011, shall 275.31no longer be included in the payment rate for external fixed costs beginning October 1, 275.322013. Single bed room incentives that take effect on or after October 1, 2011, shall no 275.33longer be included in the payment rate for external fixed costs beginning on October 1 of 275.34the first year not less than two years after their effective date.275.35    (j) The payment rate for external fixed costs shall be the sum of the amounts in 275.36paragraphs (a) to (i).276.1    Sec. 61. Minnesota Statutes 2006, section 256B.441, is amended by adding a 276.2subdivision to read:276.3    Subd. 54.Determination of total payment rates.In rate years when rates are 276.4rebased, the total payment rate for a RUG's weight of 1.00 shall be the sum of the total 276.5care-related payment rate, other operating payment rate, efficiency incentive, external 276.6fixed cost rate, and the property rate determined under section 256B.434. To determine 276.7a total payment rate for each RUG's level, the total care-related payment rate shall be 276.8divided into the direct care payment rate and the other care-related payment rate, and the 276.9direct care payment rate multiplied by the RUG's weight for each RUG's level using the 276.10weights in subdivision 14.276.11    Sec. 62. Minnesota Statutes 2006, section 256B.441, is amended by adding a 276.12subdivision to read:276.13    Subd. 55.Phase-in of rebased operating cost payment rates. (a) For the rate years 276.14beginning October 1, 2008, to October 1, 2012, the operating cost payment rate calculated 276.15under this section shall be phased in by blending the operating cost rate with the operating 276.16cost payment rate determined under section 256B.434. For the rate year beginning 276.17October 1, 2008, the operating cost payment rate for each facility shall be 24.9 percent of 276.18the operating cost payment rate from this section, and 75.1 percent of the operating cost 276.19payment rate from section 256B.434. For the rate year beginning October 1, 2009, the 276.20operating cost payment rate for each facility shall be 57.6 percent of the operating cost 276.21payment rate from this section, and 42.4 percent of the operating cost payment rate from 276.22section 256B.434. For the rate year beginning October 1, 2010, the operating cost payment 276.23rate for each facility shall be 92.1 percent of the operating cost payment rate from this 276.24section, and 7.9 percent of the operating cost payment rate from section 256B.434. For 276.25the rate year beginning October 1, 2011, the operating cost payment rate for each facility 276.26shall be 96 percent of the operating cost payment rate from this section, and 4 percent 276.27of the operating cost payment rate from section 256B.434. For the rate year beginning 276.28October 1, 2012, the operating cost payment rate for each facility shall be the operating 276.29cost payment rate determined under this section. The blending of operating cost payment 276.30rates under this section shall be performed separately for each RUG's class.276.31    (b) A portion of the funds received under this subdivision that are in excess of 276.32operating cost payment rates that a facility would have received under section 256B.434, 276.33as determined in accordance with clauses (1) to (3), shall be subject to the requirements in 276.34section 256B.434, subdivision 19, paragraphs (b) to (h).277.1    (1) Determine the amount of additional funding available to a facility, which shall be 277.2equal to total medical assistance resident days from the most recent reporting year times 277.3the difference between the blended rate determined in paragraph (a) for the rate year being 277.4computed and the blended rate for the prior year.277.5    (2) Determine the portion of all operating costs, for the most recent reporting year, 277.6that are compensation related. If this value exceeds 75 percent, use 75 percent.277.7    (3) Subtract the amount determined in clause (2) from 75 percent.277.8    (4) The portion of the fund received under this subdivision that shall be subject to 277.9the requirements in section 256B.434, subdivision 19, paragraphs (b) to (h), shall equal 277.10the amount determined in clause (1) times the amount determined in clause (3).277.11    Sec. 63. Minnesota Statutes 2006, section 256B.441, is amended by adding a 277.12subdivision to read:277.13    Subd. 56.Hold harmless.For the rate years beginning October 1, 2008, to October 277.141, 2012, no nursing facility shall receive an operating cost payment rate less than its 277.15operating cost payment rate under section 256B.434. The comparison of operating cost 277.16payment rates under this section shall be made for a RUG's rate with a weight of 1.00.277.17    Sec. 64. Minnesota Statutes 2006, section 256B.441, is amended by adding a 277.18subdivision to read:277.19    Subd. 57.Appeals.Nursing facilities may appeal, as described under section 277.20256B.50, the determination of a payment rate established under this chapter.277.21    Sec. 65. Minnesota Statutes 2006, section 256B.441, is amended by adding a 277.22subdivision to read:277.23    Subd. 58.Implementation delay.Within six months prior to the effective date of 277.24(1) rebasing of property payment rates under subdivision 1; (2) quality-based rate limits 277.25under subdivision 50; and (3) the removal of planned closure rate adjustments and single 277.26bed room incentives from external fixed costs under subdivision 53, the commissioner 277.27shall compare the average operating cost for all facilities combined from the most recent 277.28cost reports to the average medical assistance operating payment rates for all facilities 277.29combined from the same time period. Each provision shall not go into effect until the 277.30average medical assistance operating payment rate is at least 92 percent of the average 277.31operating cost.278.1    Sec. 66. Minnesota Statutes 2006, section 256B.49, is amended by adding a 278.2subdivision to read:278.3    Subd. 16a.Medical assistance reimbursement.(a) The commissioner shall 278.4seek federal approval for medical assistance reimbursement of independent living skills 278.5services, foster care waiver service, supported employment, prevocational service, 278.6structured day service, and adult day care under the home and community-based waiver 278.7for persons with a traumatic brain injury, the community alternatives for disabled 278.8individuals waivers, and the community alternative care waivers.278.9    (b) Medical reimbursement shall be made only when the provider demonstrates 278.10evidence of its capacity to meet basic health, safety, and protection standards through 278.11one of the methods in paragraphs (c) to (e).278.12    (c) The provider is licensed to provide services under chapter 245B and agrees to 278.13apply these standards to services funded through the traumatic brain injury, community 278.14alternatives for disabled, or community alternative care home and community-based 278.15waivers.278.16    (d) The local agency contracting for the services certifies on a form provided by the 278.17commissioner that the provider has the capacity to meet the individual needs as identified 278.18in each person's individual service plan. When certifying that the service provider meets 278.19the necessary provider qualifications, the local agency shall verify that the provider has 278.20policies and procedures governing the following:278.21    (1) protection of the consumer's rights and privacy;278.22    (2) risk assessment and planning;278.23    (3) record keeping and reporting of incidents and emergencies with documentation 278.24of corrective action if needed;278.25    (4) service outcomes, regular reviews of progress, and periodic reports;278.26    (5) complaint and grievance procedures;278.27    (6) service termination or suspension;278.28    (7) necessary training and supervision of direct care staff that includes:278.29    (i) documentation in personnel files of 20 hours of orientation training in providing 278.30training related to service provision;278.31    (ii) training in recognizing the symptoms and effects of certain disabilities, health 278.32conditions, and positive behavioral supports and interventions; and 278.33    (iii) a minimum of five hours of related training annually; and 278.34    (iv) when applicable:278.35    (A) safe medication administration;278.36    (B) proper handling of consumer funds; and 279.1    (C) compliance with prohibitions and standards developed by the commissioner to 279.2satisfy federal requirements regarding the use of restraints and restrictive interventions. 279.3The local agency shall review at least annually each service provider's continued 279.4compliance with the standards governing basic health, safety, and protection of rights.279.5    (h) The commissioner shall seek federal approval for Medicaid reimbursement 279.6of foster care services under the home and community-based waiver for persons with 279.7a traumatic brain injury, the community alternatives for disabled individuals waiver, 279.8and community alternative care waiver when the provider demonstrates evidence of its 279.9capacity to meet basic health, safety, and protection standards. The local agency shall 279.10verify that the provider is licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, 279.11and certify that the provider has policies and procedures that govern:279.12    (1) compliance with prohibitions and standards developed by the commissioner to 279.13meet federal requirements regarding the use of restraints and restrictive interventions; and 279.14    (2) documentation of service needs and outcomes, regular reviews of progress, 279.15and periodic reports.279.16The local agency shall review at least annually each service provider's continued 279.17compliance with the standards governing basic health, safety, and protection of rights 279.18standards.279.19EFFECTIVE DATE.This section is effective the day following final enactment.279.20    Sec. 67. Minnesota Statutes 2006, section 256B.5012, is amended by adding a 279.21subdivision to read:279.22    Subd. 7.ICF/MR rate increases effective October 1, 2007, and October 1, 2008.279.23    (a) For the rate year beginning October 1, 2007, the commissioner shall make available to 279.24each facility reimbursed under this section operating payment rate adjustments equal to 279.252.75 percent of the operating payment rates in effect on September 30, 2007. For the rate 279.26year beginning October 1, 2008, the commissioner shall make available to each facility 279.27reimbursed under this section operating payment rate adjustments equal to 3.0 percent 279.28of the operating payment rates in effect on September 30, 2008. For each facility, the 279.29commissioner shall make available an adjustment, based on occupied beds, using the 279.30percentage specified in this paragraph multiplied by the total payment rate, including the 279.31variable rate but excluding the property-related payment rate, in effect on the preceding 279.32day. The total payment rate shall include the adjustment provided in section 256B.501, 279.33subdivision 12. A facility whose payment rates are governed by closure agreements, 280.1receivership agreements, or Minnesota Rules, part 9553.0075, is not eligible for an 280.2adjustment otherwise granted under this subdivision.280.3    (b) Seventy-five percent of the money resulting from the rate adjustments under 280.4paragraph (a) must be used for increases in compensation-related costs for employees 280.5directly employed by the facility on or after the effective date of the rate adjustments, 280.6except:280.7    (1) the administrator;280.8    (2) persons employed in the central office of a corporation that has an ownership 280.9interest in the facility or exercises control over the facility; and 280.10    (3) persons paid by the facility under a management contract.280.11    (c) Two-thirds of the money available under paragraph (b) must be used for wage 280.12increases for all employees directly employed by the facility on or after the effective 280.13date of the rate adjustments, except those listed in paragraph (b), clauses (1) to (3). The 280.14wage adjustment that employees receive under this paragraph must be paid as an equal 280.15hourly percentage wage increase for all eligible employees. All wage increases under this 280.16paragraph must be effective on the same date. Only costs associated with the portion of 280.17the equal hourly percentage wage increase that goes to all employees shall qualify under 280.18this paragraph. Costs associated with wage increases in excess of the amount of the equal 280.19hourly percentage wage increase provided to all employees shall be allowed only for 280.20meeting the requirements in paragraph (b). This paragraph shall not apply to employees 280.21covered by a collective bargaining agreement.280.22    (d) The commissioner shall allow as compensation-related costs all costs for:280.23    (1) wages and salaries;280.24    (2) FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' 280.25compensation;280.26    (3) the employer's share of health and dental insurance, life insurance, disability 280.27insurance, long-term care insurance, uniform allowance, and pensions; and280.28    (4) other benefits provided, subject to the approval of the commissioner.280.29    (e) The portion of the rate adjustments under paragraph (a) that is not subject to the 280.30requirements in paragraphs (b) and (c) shall be provided to facilities effective October 280.311 of each year.280.32    (f) Facilities may apply for the portion of the rate adjustments under paragraph 280.33(a) that is subject to the requirements in paragraphs (b) and (c). The application 280.34must be submitted to the commissioner within six months of the effective date of the 280.35rate adjustments, and the facility must provide additional information required by 280.36the commissioner within nine months of the effective date of the rate adjustments. 281.1The commissioner must respond to all applications within three weeks of receipt. 281.2The commissioner may waive the deadlines in this paragraph under extraordinary 281.3circumstances, to be determined at the sole discretion of the commissioner. The 281.4application must contain:281.5    (1) an estimate of the amounts of money that must be used as specified in paragraphs 281.6(b) and (c);281.7    (2) a detailed distribution plan specifying the allowable compensation-related and 281.8wage increases the facility will implement to use the funds available in clause (1);281.9    (3) a description of how the facility will notify eligible employees of the contents of 281.10the approved application, which must provide for giving each eligible employee a copy of 281.11the approved application, excluding the information required in clause (1), or posting a 281.12copy of the approved application, excluding the information required in clause (1), for 281.13a period of at least six weeks in an area of the facility to which all eligible employees 281.14have access; and281.15    (4) instructions for employees who believe they have not received the 281.16compensation-related or wage increases specified in clause (2), as approved by the 281.17commissioner, and which must include a mailing address, e-mail address, and the 281.18telephone number that may be used by the employee to contact the commissioner or the 281.19commissioner's representative.281.20    (g) The commissioner shall ensure that cost increases in distribution plans under 281.21paragraph (f), clause (2), that may be included in approved applications, comply with 281.22requirements in clauses (1) to (4):281.23    (1) costs to be incurred during the applicable rate year resulting from wage and 281.24salary increases effective after October 1, 2006, and prior to the first day of the facility's 281.25payroll period that includes October 1 of each year shall be allowed if they were not used 281.26in the prior year's application and they meet the requirements of paragraphs (b) and (c);281.27    (2) a portion of the costs resulting from tenure-related wage or salary increases 281.28may be considered to be allowable wage increases, according to formulas that the 281.29commissioner shall provide, where employee retention is above the average statewide 281.30rate of retention of direct care employees;281.31    (3) the annualized amount of increases in costs for the employer's share of health 281.32and dental insurance, life insurance, disability insurance, and workers' compensation shall 281.33be allowable compensation-related increases if they are effective on or after April 1 of 281.34the year in which the rate adjustments are effective and prior to April 1 of the following 281.35year; and 282.1    (4) for facilities in which employees are represented by an exclusive bargaining 282.2representative, the commissioner shall approve the application only upon receipt of a letter 282.3of acceptance of the distribution plan, as regards members of the bargaining unit, signed 282.4by the exclusive bargaining agent and dated after enactment of this subdivision. Upon 282.5receipt of the letter of acceptance, the commissioner shall deem all requirements of this 282.6section as having been met in regard to the members of the bargaining unit.282.7    (h) The commissioner shall review applications received under paragraph (f) and 282.8shall provide the portion of the rate adjustments under paragraphs (b) and (c) if the 282.9requirements of this subdivision have been met. The rate adjustments shall be effective 282.10October 1 of each year. Notwithstanding paragraph (a), if the approved application 282.11distributes less money than is available, the amount of the rate adjustment shall be reduced 282.12so that the amount of money made available is equal to the amount to be distributed.282.13    Sec. 68. Minnesota Statutes 2006, section 256B.69, subdivision 23, is amended to read:282.14    Subd. 23. Alternative services; elderly and disabled persons. (a) The 282.15commissioner may implement demonstration projects to create alternative integrated 282.16delivery systems for acute and long-term care services to elderly persons and persons 282.17with disabilities as defined in section 
         256B.77, subdivision 7a, that provide increased 282.18coordination, improve access to quality services, and mitigate future cost increases. 282.19The commissioner may seek federal authority to combine Medicare and Medicaid 282.20capitation payments for the purpose of such demonstrations and may contract with 282.21Medicare-approved special needs plans to provide Medicaid services. Medicare funds and 282.22services shall be administered according to the terms and conditions of the federal contract 282.23and demonstration provisions. For the purpose of administering medical assistance funds, 282.24demonstrations under this subdivision are subject to subdivisions 1 to 22. The provisions 282.25of Minnesota Rules, parts 
         9500.1450 to 
         9500.1464, apply to these demonstrations, 282.26with the exceptions of parts 
         9500.1452, subpart 2, item B; and 
         9500.1457, subpart 1, 282.27items B and C, which do not apply to persons enrolling in demonstrations under this 282.28section. An initial open enrollment period may be provided. Persons who disenroll from 282.29demonstrations under this subdivision remain subject to Minnesota Rules, parts 
         9500.1450282.30to 
         9500.1464. When a person is enrolled in a health plan under these demonstrations and 282.31the health plan's participation is subsequently terminated for any reason, the person shall 282.32be provided an opportunity to select a new health plan and shall have the right to change 282.33health plans within the first 60 days of enrollment in the second health plan. Persons 282.34required to participate in health plans under this section who fail to make a choice of 282.35health plan shall not be randomly assigned to health plans under these demonstrations. 283.1Notwithstanding section 
         256L.12, subdivision 5, and Minnesota Rules, part 
         9505.5220, 283.2subpart 1, item A, if adopted, for the purpose of demonstrations under this subdivision, 283.3the commissioner may contract with managed care organizations, including counties, to 283.4serve only elderly persons eligible for medical assistance, elderly and disabled persons, or 283.5disabled persons only. For persons with a primary diagnosis of developmental disability, 283.6serious and persistent mental illness, or serious emotional disturbance, the commissioner 283.7must ensure that the county authority has approved the demonstration and contracting 283.8design. Enrollment in these projects for persons with disabilities shall be voluntary. The 283.9commissioner shall not implement any demonstration project under this subdivision for 283.10persons with a primary diagnosis of developmental disabilities, serious and persistent 283.11mental illness, or serious emotional disturbance, without approval of the county board of 283.12the county in which the demonstration is being implemented.283.13    (b) Notwithstanding chapter 245B, sections 
         252.40 to 
         252.46, 
         256B.092, 
         256B.501283.14to 
         256B.5015, and Minnesota Rules, parts 
         9525.0004 to 
         9525.0036, 
         9525.1200 to 283.159525.1330
         , 
         9525.1580, and 
         9525.1800 to 
         9525.1930, the commissioner may implement 283.16under this section projects for persons with developmental disabilities. The commissioner 283.17may capitate payments for ICF/MR services, waivered services for developmental 283.18disabilities, including case management services, day training and habilitation and 283.19alternative active treatment services, and other services as approved by the state and by 283.20the federal government. Case management and active treatment must be individualized 283.21and developed in accordance with a person-centered plan. Costs under these projects may 283.22not exceed costs that would have been incurred under fee-for-service. Beginning July 1, 283.232003, and until twofour years after the pilot project implementation date, subcontractor 283.24participation in the long-term care developmental disability pilot is limited to a nonprofit 283.25long-term care system providing ICF/MR services, home and community-based waiver 283.26services, and in-home services to no more than 120 consumers with developmental 283.27disabilities in Carver, Hennepin, and Scott Counties. The commissioner shall report to the 283.28legislature prior to expansion of the developmental disability pilot project. This paragraph 283.29expires twofour years after the implementation date of the pilot project.283.30    (c) Before implementation of a demonstration project for disabled persons, the 283.31commissioner must provide information to appropriate committees of the house of 283.32representatives and senate and must involve representatives of affected disability groups 283.33in the design of the demonstration projects.283.34    (d) A nursing facility reimbursed under the alternative reimbursement methodology 283.35in section 
         256B.434 may, in collaboration with a hospital, clinic, or other health care entity 284.1provide services under paragraph (a). The commissioner shall amend the state plan and 284.2seek any federal waivers necessary to implement this paragraph.284.3    (e) The commissioner, in consultation with the commissioners of commerce and 284.4health, may approve and implement programs for all-inclusive care for the elderly (PACE) 284.5according to federal laws and regulations governing that program and state laws or rules 284.6applicable to participating providers. The process for approval of these programs shall 284.7begin only after the commissioner receives grant money in an amount sufficient to cover 284.8the state share of the administrative and actuarial costs to implement the programs during 284.9state fiscal years 2006 and 2007. Grant amounts for this purpose shall be deposited in an 284.10account in the special revenue fund and are appropriated to the commissioner to be used 284.11solely for the purpose of PACE administrative and actuarial costs. A PACE provider is 284.12not required to be licensed or certified as a health plan company as defined in section 284.1362Q.01, subdivision 4
         . Persons age 55 and older who have been screened by the county 284.14and found to be eligible for services under the elderly waiver or community alternatives 284.15for disabled individuals or who are already eligible for Medicaid but meet level of 284.16care criteria for receipt of waiver services may choose to enroll in the PACE program. 284.17Medicare and Medicaid services will be provided according to this subdivision and 284.18federal Medicare and Medicaid requirements governing PACE providers and programs. 284.19PACE enrollees will receive Medicaid home and community-based services through the 284.20PACE provider as an alternative to services for which they would otherwise be eligible 284.21through home and community-based waiver programs and Medicaid State Plan Services. 284.22The commissioner shall establish Medicaid rates for PACE providers that do not exceed 284.23costs that would have been incurred under fee-for-service or other relevant managed care 284.24programs operated by the state.284.25    (f) The commissioner shall seek federal approval to expand the Minnesota disability 284.26health options (MnDHO) program established under this subdivision in stages, first to 284.27regional population centers outside the seven-county metro area and then to all areas 284.28of the state. Until January 1, 2008July 1, 2009, expansion for MnDHO projects that 284.29include home and community-based services is limited to the two projects and service 284.30areas in effect on March 1, 2006.  Enrollment in integrated MnDHO programs that 284.31include home and community-based services shall remain voluntary. Costs for home 284.32and community-based services included under MnDHO must not exceed costs that 284.33would have been incurred under the fee-for-service program. In developing program 284.34specifications for expansion of integrated programs, the commissioner shall involve and 284.35consult the state-level stakeholder group established in subdivision 28, paragraph (d), 284.36including consultation on whether and how to include home and community-based waiver 285.1programs. Plans for further expansion of MnDHO projects shall be presented to the chairs 285.2of the house and senate committees with jurisdiction over health and human services 285.3policy and finance by February 1, 2007.285.4    (g) Notwithstanding section 
         256B.0261, health plans providing services under this 285.5section are responsible for home care targeted case management and relocation targeted 285.6case management. Services must be provided according to the terms of the waivers and 285.7contracts approved by the federal government.285.8    Sec. 69. [256C.261] SERVICES FOR DEAF-BLIND PERSONS.285.9     (a) The commissioner of human services shall combine the existing biennial base 285.10level funding for deaf-blind services into a single grant program. At least 35 percent 285.11of the total funding is awarded for services and other supports to deaf-blind children 285.12and their families and at least 25 percent is awarded for services and other supports to 285.13deaf-blind adults.285.14    The commissioner shall award grants for the purposes of: 285.15    (1) providing services and supports to individuals who are deaf-blind; and 285.16    (2) developing and providing training to counties and the network of senior citizen 285.17service providers. The purpose of the training grants is to teach counties how to use 285.18existing programs that capture federal financial participation to meet the needs of eligible 285.19deaf-blind persons and to build capacity of senior service programs to meet the needs of 285.20seniors with a dual sensory hearing and vision loss.285.21    (b) The commissioner may make grants:285.22    (1) for services and training provided by organizations; and285.23    (2) to develop and administer consumer-directed services.285.24    (c) Any entity that is able to satisfy the grant criteria is eligible to receive a grant 285.25under paragraph (a).285.26    (d) Deaf-blind service providers may, but are not required to, provide intervenor 285.27services as part of the service package provided with grant funds under this section.285.28    Sec. 70. Minnesota Statutes 2006, section 256I.04, subdivision 3, is amended to read:285.29    Subd. 3. Moratorium on the development of group residential housing beds. (a) 285.30County agencies shall not enter into agreements for new group residential housing beds 285.31with total rates in excess of the MSA equivalent rate except: (1) for group residential 285.32housing establishments licensed under Minnesota Rules, parts 9525.0215 to 9525.0355, 285.33provided the facility is needed to meet the census reduction targets for persons with 285.34developmental disabilities at regional treatment centers; (2) to ensure compliance with 286.1the federal Omnibus Budget Reconciliation Act alternative disposition plan requirements 286.2for inappropriately placed persons with developmental disabilities or mental illness; 286.3(3) up to 80 beds in a single, specialized facility located in Hennepin County that will 286.4provide housing for chronic inebriates who are repetitive users of detoxification centers 286.5and are refused placement in emergency shelters because of their state of intoxication, 286.6and planning for the specialized facility must have been initiated before July 1, 1991, in 286.7anticipation of receiving a grant from the Housing Finance Agency under section 
         462A.05, 286.8subdivision 20a
         , paragraph (b); (4) notwithstanding the provisions of subdivision 2a, for 286.9up to 190 supportive housing units in Anoka, Dakota, Hennepin, or Ramsey County 286.10for homeless adults with a mental illness, a history of substance abuse, or human 286.11immunodeficiency virus or acquired immunodeficiency syndrome. For purposes of this 286.12section, "homeless adult" means a person who is living on the street or in a shelter or 286.13discharged from a regional treatment center, community hospital, or residential treatment 286.14program and has no appropriate housing available and lacks the resources and support 286.15necessary to access appropriate housing. At least 70 percent of the supportive housing 286.16units must serve homeless adults with mental illness, substance abuse problems, or human 286.17immunodeficiency virus or acquired immunodeficiency syndrome who are about to be 286.18or, within the previous six months, has been discharged from a regional treatment center, 286.19or a state-contracted psychiatric bed in a community hospital, or a residential mental 286.20health or chemical dependency treatment program. If a person meets the requirements of 286.21subdivision 1, paragraph (a), and receives a federal or state housing subsidy, the group 286.22residential housing rate for that person is limited to the supplementary rate under section 286.23256I.05, subdivision 1a
         , and is determined by subtracting the amount of the person's 286.24countable income that exceeds the MSA equivalent rate from the group residential housing 286.25supplementary rate. A resident in a demonstration project site who no longer participates 286.26in the demonstration program shall retain eligibility for a group residential housing 286.27payment in an amount determined under section 
         256I.06, subdivision 8, using the MSA 286.28equivalent rate. Service funding under section 
         256I.05, subdivision 1a, will end June 30, 286.291997, if federal matching funds are available and the services can be provided through a 286.30managed care entity. If federal matching funds are not available, then service funding will 286.31continue under section 
         256I.05, subdivision 1a; or (6) (5) for group residential housing 286.32beds in settings meeting the requirements of subdivision 2a, clauses (1) and (3), which 286.33are used exclusively for recipients receiving home and community-based waiver services 286.34under sections 
         256B.0915, 
         256B.092, subdivision 5, 
         256B.093, and 
         256B.49, and who 286.35resided in a nursing facility for the six months immediately prior to the month of entry 286.36into the group residential housing setting. The group residential housing rate for these 287.1beds must be set so that the monthly group residential housing payment for an individual 287.2occupying the bed when combined with the nonfederal share of services delivered under 287.3the waiver for that person does not exceed the nonfederal share of the monthly medical 287.4assistance payment made for the person to the nursing facility in which the person resided 287.5prior to entry into the group residential housing establishment. The rate may not exceed 287.6the MSA equivalent rate plus $426.37 for any case.; (6) for an additional two beds, 287.7resulting in a total of 32 beds, for a facility located in Hennepin County providing services 287.8for recovering and chemically dependent men that has had a group residential housing 287.9contract with the county and has been licensed as a board and lodge facility with special 287.10services since 1980; (7) for a group residential housing provider located in Stearns County 287.11that operates a 40-bed facility, that received financing through the Minnesota Housing 287.12Finance Agency Ending Long-Term Homelessness Initiative and serves chemically 287.13dependent clientele, providing 24-hour-a-day supervision; (8) for a new 65-bed facility in 287.14Crow Wing County that will serve chemically dependent persons, operated by a group 287.15residential housing provider that currently operates a 304-bed facility in Minneapolis, and 287.16a 44-bed facility in Duluth; and (9) for a group residential housing provider that operates 287.17two ten-bed facilities, one located in Hennepin County and one located in Ramsey County, 287.18that provide community support and 24-hour-a-day supervision to serve the mental health 287.19needs of individuals who have chronically lived unsheltered.287.20    (b) A county agency may enter into a group residential housing agreement for beds 287.21with rates in excess of the MSA equivalent rate in addition to those currently covered 287.22under a group residential housing agreement if the additional beds are only a replacement 287.23of beds with rates in excess of the MSA equivalent rate which have been made available 287.24due to closure of a setting, a change of licensure or certification which removes the beds 287.25from group residential housing payment, or as a result of the downsizing of a group 287.26residential housing setting. The transfer of available beds from one county to another can 287.27only occur by the agreement of both counties.287.28    Sec. 71. Minnesota Statutes 2006, section 256I.05, is amended by adding a subdivision 287.29to read:287.30    Subd. 1h.Supplementary rate for certain facilities serving chemically 287.31dependent males.Notwithstanding subdivisions 1a and 1c, beginning July 1, 2007, a 287.32county agency shall negotiate a supplementary rate in addition to the rate specified in 287.33subdivision 1, not to exceed $737.87 per month, including any legislatively authorized 287.34inflationary adjustments, for a group residential housing provider that:288.1    (1) is located in Ramsey County and has had a group residential housing contract 288.2with the county since 1982 and has been licensed as a board and lodge facility with special 288.3services since 1979; and288.4    (2) serves recovering and chemically dependent males, providing 24-hour-a-day 288.5supervision.288.6    Sec. 72. Minnesota Statutes 2006, section 256I.05, is amended by adding a subdivision 288.7to read:288.8    Subd. 1i.Supplementary rate for certain facilities; Hennepin County.288.9    Notwithstanding the provisions of subdivisions 1a and 1c, a county agency shall negotiate 288.10a supplementary rate in addition to the rate specified in subdivision 1, not to exceed $700 288.11per month, including any legislatively authorized inflationary adjustments, up to the 288.12available appropriation, for a facility located in Hennepin County with a capacity of up to 288.1348 beds that has been licensed since 1978 as a board and lodging facility and that until 288.14August 1, 2007, operated as a licensed chemical dependency treatment program.288.15EFFECTIVE DATE.This section is effective the day following final enactment.288.16    Sec. 73. Minnesota Statutes 2006, section 256I.05, is amended by adding a subdivision 288.17to read:288.18    Subd. 1j.Supplementary rate for certain facilities; Crow Wing County.288.19    Notwithstanding the provisions of subdivisions 1a and 1c, beginning July 1, 2007, a 288.20county agency shall negotiate a supplementary rate in addition to the rate specified in 288.21subdivision 1, not to exceed $700 per month, including any legislatively authorized 288.22inflationary adjustments, for a new 65-bed facility in Crow Wing County that will serve 288.23chemically dependent persons operated by a group residential housing provider that 288.24currently operates a 304-bed facility in Minneapolis and a 44-bed facility in Duluth which 288.25opened in January of 2006.288.26    Sec. 74. Minnesota Statutes 2006, section 256I.05, is amended by adding a subdivision 288.27to read:288.28    Subd. 1k.Supplementary rate for certain facilities; Stearns County.288.29    Notwithstanding the provisions of this section, beginning July 1, 2007, a county agency 288.30shall negotiate a supplementary service rate in addition to the rate specified in subdivision 288.311, not to exceed $700 per month, including any legislatively authorized inflationary 288.32adjustments, for a group residential housing provider located in Stearns County that 288.33operates a 40-bed facility, that received financing through the Minnesota Housing Finance 289.1Agency Ending Long-Term Homelessness Initiative and serves chemically dependent 289.2clientele, providing 24-hour-a-day supervision.289.3    Sec. 75. Minnesota Statutes 2006, section 256I.05, is amended by adding a subdivision 289.4to read:289.5    Subd. 1l.Supplementary rate for certain facilities; St. Louis County.289.6    Notwithstanding the provisions of this section, beginning July 1, 2007, a county agency 289.7shall negotiate a supplementary service rate in addition to the rate specified in subdivision 289.81, not to exceed $700 per month, including any legislatively authorized inflationary 289.9adjustments, for a group residential housing provider located in St. Louis County that 289.10operates a 30-bed facility, that received financing through the Minnesota Housing Finance 289.11Agency Ending Long-Term Homelessness Initiative and serves chemically dependent 289.12clientele, providing 24-hour-a-day supervision. 289.13    Sec. 76. Minnesota Statutes 2006, section 256I.05, is amended by adding a subdivision 289.14to read:289.15    Subd. 1m.Supplemental rate for certain facilities; Hennepin and Ramsey 289.16Counties.(a) Notwithstanding the provisions of this section, beginning July 1, 2007, a 289.17county agency shall negotiate a supplemental service rate in addition to the rate specified 289.18in subdivision 1, not to exceed $700 per month or the existing monthly rate, whichever 289.19is higher, including any legislatively authorized inflationary adjustments, for a group 289.20residential housing provider that operates two ten-bed facilities, one located in Hennepin 289.21County and one located in Ramsey County, which provide community support and serve 289.22the mental health needs of individuals who have chronically lived unsheltered, providing 289.2324-hour per day supervision.289.24    (b) An individual who has lived in one of the facilities under paragraph (a), who 289.25is being transitioned to independent living as part of the program plan continues to be 289.26eligible for group residential housing and the supplemental service rate negotiated with 289.27the county under paragraph (a).289.28EFFECTIVE DATE.This section is effective July 1, 2008.289.29    Sec. 77. Minnesota Statutes 2006, section 462A.05, is amended by adding a 289.30subdivision to read:289.31    Subd. 42.Reverse mortgage incentive program.(a) The agency shall, within the 289.32limits of appropriations made available for this purpose, establish, in cooperation with 289.33the commissioner of human services, a program to encourage eligible persons to obtain 290.1reverse mortgages to pay for eligible costs of maintaining the person in the home as an 290.2alternative to a nursing facility placement. 290.3    (b) The incentive program shall be made available to a person who has been 290.4determined by the commissioner of human services or the commissioner's designated 290.5agent to meet all of the following criteria:290.6    (1) is age 62 or older; 290.7    (2) would be eligible for medical assistance within 365 days of admission to a 290.8nursing home;290.9    (3) is not a medical assistance recipient, is not eligible for medical assistance without 290.10a spenddown or waiver obligation, is not ineligible for the medical assistance program due 290.11to an asset transfer penalty, and does not have income greater than the maintenance needs 290.12allowance under section 256B.0915, subdivision 1d, but equal to or less than 120 percent 290.13of the federal poverty guidelines effective July 1 in the year for which program eligibility 290.14is established, who would be eligible for the elderly waiver with a waiver obligation; 290.15    (4) needs services that are not funded through other state or federal funding for 290.16which the person qualifies; 290.17    (5) obtains a reverse mortgage loan under section 47.58 on a home with an estimated 290.18market value not to exceed $156,000. This limit shall be adjusted annually on April 1 290.19by the percentage change for the previous calendar year in the housing component of the 290.20United States Consumer Price Index - all urban consumers; and 290.21    (6) agrees to make expenditures of reverse mortgage payments according to a 290.22spending plan established under section 256B.0911, subdivision 3a, in which payments, 290.23services, and supports meet the following standards: 290.24    (i) payments received under the loan for a period of at least 24 months or in an 290.25amount of at least $15,000 are used for services and supports, including basic shelter 290.26needs, home maintenance, and modifications or adaptations, necessary to allow the person 290.27to remain in the home as an alternative to a nursing facility placement; 290.28    (ii) reimbursements for services, supplies, and equipment shall not exceed the 290.29market rate; and 290.30    (iii) if the person's spouse qualifies under section 256B.0913, subdivisions 1 to 14, 290.31the reverse mortgage payments may be used to pay client fees under that section. 290.32    (c) The incentives available under this program shall include: 290.33    (1) payment of the initial mortgage insurance premium for a reverse mortgage. 290.34The maximum payment under this clause shall be limited to $1,560. This limit shall be 290.35adjusted annually on April 1 by the percentage change for the previous calendar year in 290.36the housing component of the United States Consumer Price Index - all urban consumers;291.1    (2) with federal approval, payments to reduce service fee set-asides, through an 291.2advance payment to the lender, an agreement to guarantee fee payments after 60 months 291.3if the set-aside is limited to 60 months, or through other mechanisms approved by the 291.4commissioner; and  291.5    (3) other incentives approved by the commissioner. 291.6    (d) After calculating the adjusted maximum payment limits under paragraphs (b) 291.7and (c), the commissioner shall annually notify the Office of the Revisor of Statutes in 291.8writing, on or before May 1, of the adjusted limits. The revisor shall annually publish in 291.9the Minnesota Statutes the adjusted maximum payment limits under paragraph (b).291.10    Sec. 78. Laws 2006, chapter 282, article 20, section 37, is amended to read:291.11    Sec. 37. REPAYMENT DELAY.291.12    (a) A county that overspent its allowed amounts in calendar year 2004 or 2005 under 291.13the waivered services program for persons with developmental disabilities shall not be 291.14required to pay back the amount of overspending until May 31, 2007. This section applies 291.15to Fillmore, Steele, and St. Louis Counties.291.16    (b) Carver County is not required to pay back the amount of overspending under 291.17the waivered services program for persons with developmental disabilities for calendar 291.18years 2004 and 2005 until June 30, 2009.291.19EFFECTIVE DATE.This section is effective the day following final enactment.291.20    Sec. 79. ASSISTIVE TECHNOLOGY RECOMMENDATIONS.291.21    Subdivision 1.Review.During the biennium ending June 30, 2009, the Council on 291.22Disability shall facilitate a statewide review of the assistive technology needs of people 291.23with disabling conditions, and seniors. The council shall identify community-based 291.24service providers, state agencies, and other entities involved in providing assistive 291.25technology supports.291.26    Subd. 2.Recommendations.The council shall present to the chairs of the house 291.27and senate committees having jurisdiction over human services, by January 1, 2009, 291.28recommendations, including proposed legislation creating a statewide comprehensive plan 291.29to meet the assistive technology needs of people with disabling conditions and seniors. 291.30The statewide plan must include steps to coordinate and streamline assistive technology 291.31services.291.32    Sec. 80. PROVIDER RATE INCREASES.292.1    (a) The commissioner of human services shall increase allocations, reimbursement 292.2rates, or rate limits, as applicable, by 2.75 percent beginning October 1, 2007, and by 3.00 292.3percent beginning October 1, 2008, effective for services rendered on or after those dates. 292.4County contracts for services specified in this section must be amended to pass through 292.5these rate adjustments within 60 days of the effective date of the increase and must be 292.6retroactive from the effective date of the rate adjustment.292.7    (b) The annual rate increases described in this section must be provided to: 292.8    (1) home and community-based waivered services for persons with developmental 292.9disabilities or related conditions, including consumer-directed community supports, under 292.10Minnesota Statutes, section 256B.501; 292.11    (2) home and community-based waivered services for the elderly, including 292.12consumer-directed community supports, under Minnesota Statutes, section 256B.0915; 292.13    (3) waivered services under community alternatives for disabled individuals, 292.14including consumer-directed community supports, under Minnesota Statutes, section 292.15256B.49; 292.16    (4) community alternative care waivered services, including consumer-directed 292.17community supports, under Minnesota Statutes, section 256B.49; 292.18    (5) traumatic brain injury waivered services, including consumer-directed 292.19community supports, under Minnesota Statutes, section 256B.49; 292.20    (6) nursing services and home health services under Minnesota Statutes, section 292.21256B.0625, subdivision 6a; 292.22    (7) personal care services and qualified professional supervision of personal care 292.23services under Minnesota Statutes, section 256B.0625, subdivision 19a; 292.24    (8) private duty nursing services under Minnesota Statutes, section 256B.0625, 292.25subdivision 7; 292.26    (9) day training and habilitation services for adults with developmental disabilities 292.27or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the 292.28additional cost of rate adjustments on day training and habilitation services, provided as a 292.29social service under Minnesota Statutes, section 256M.60; 292.30    (10) alternative care services under Minnesota Statutes, section 256B.0913; 292.31    (11) adult residential program grants under Minnesota Statutes, section 245.73;292.32    (12) children's community-based mental health services grants and adult community 292.33support and case management services grants under Minnesota Rules, parts 9535.1700 292.34to 9535.1760; 292.35    (13) the group residential housing supplementary service rate under Minnesota 292.36Statutes, section 256I.05, subdivision 1a; 293.1    (14) adult mental health integrated fund grants under Minnesota Statutes, section 293.2245.4661;293.3    (15) semi-independent living services (SILS) under Minnesota Statutes, section 293.4252.275, including SILS funding under county social services grants formerly funded 293.5under Minnesota Statutes, chapter 256I; 293.6    (16) community support services for deaf and hard-of-hearing adults with mental 293.7illness who use or wish to use sign language as their primary means of communication 293.8under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing 293.9grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9, 293.10article 1; and Laws 1997, First Special Session chapter 5, section 20; 293.11    (17) living skills training programs for persons with intractable epilepsy who need 293.12assistance in the transition to independent living under Laws 1988, chapter 689; 293.13    (18) physical therapy services under sections 256B.0625, subdivision 8, and 293.14256D.03, subdivision 4; 293.15    (19) occupational therapy services under sections 256B.0625, subdivision 8a, and 293.16256D.03, subdivision 4; 293.17    (20) speech-language therapy services under section 256D.03, subdivision 4, and 293.18Minnesota Rules, part 9505.0390; 293.19    (21) respiratory therapy services under section 256D.03, subdivision 4, and 293.20Minnesota Rules, part 9505.0295; 293.21    (22) adult rehabilitative mental health services under section 256B.0623;293.22    (23) children's therapeutic services and support services under section 256B.0943;293.23    (24) tier I chemical health services under Minnesota Statutes, chapter 254B;293.24    (25) consumer support grants under Minnesota Statutes, section 256.476;293.25    (26) family support grants under Minnesota Statutes, section 252.32; 293.26    (27) grants for case management services to persons with HIV or AIDS under 293.27Minnesota Statutes, section 256.01, subdivision 19; and 293.28    (28) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917, 293.29and 256B.0928.293.30    (c) For services funded through Minnesota disability health options, the rate 293.31increases under this section apply to all medical assistance payments, including former 293.32group residential housing supplementary rates under Minnesota Statutes, chapter 256I.293.33    (d) The commissioner may recoup payments made under this section from a provider 293.34that does not comply with paragraphs (f) and (g).294.1    (e) A managed care plan receiving state payments for the services in this section 294.2must include these increases in their payments to providers on a prospective basis, 294.3effective on January 1 following the effective date of the rate increase.294.4    (f) Providers that receive a rate increase under this section shall use 75 percent of 294.5the additional revenue to increase compensation-related costs for employees directly 294.6employed by the program on or after the effective date of the rate adjustments, except: 294.7    (1) the administrator;294.8    (2) persons employed in the central office of a corporation or entity that has an 294.9ownership interest in the provider or exercises control over the provider; and 294.10    (3) persons paid by the provider under a management contract.294.11Compensation-related costs include: wages and salaries; FICA taxes, Medicare taxes, 294.12state and federal unemployment taxes, and workers' compensation; and the employer's 294.13share of health and dental insurance, life insurance, disability insurance, long-term care 294.14insurance, uniform allowance, and pensions.294.15    (g) Two-thirds of the money available under paragraph (f) must be used for wage 294.16increases for all employees directly employed by the provider on or after the effective 294.17date of the rate adjustments, except those listed in paragraph (f), clauses (1) to (3). The 294.18wage adjustment that employees receive under this paragraph must be paid as an equal 294.19hourly percentage wage increase for all eligible employees. All wage increases under this 294.20paragraph must be effective on the same date. This paragraph shall not apply to employees 294.21covered by a collective bargaining agreement.294.22    (h) For public employees, the increase for wages and benefits for certain staff is 294.23available and pay rates must be increased only to the extent that they comply with laws 294.24governing public employees collective bargaining. Money received by a provider for pay 294.25increases under this section may be used only for increases implemented on or after the 294.26first day of the rate period in which the increase is available and must not be used for 294.27increases implemented prior to that date. 294.28    (i) The commissioner shall amend state grant contracts that include direct 294.29personnel-related grant expenditures to include the allocation for the portion of the contract 294.30that is employee compensation related. Grant contracts for compensation-related services 294.31must be amended to pass through these adjustments within 60 days of the effective date of 294.32the increase and must be retroactive to the effective date of the rate adjustment.294.33    (j) The Board on Aging and its Area Agencies on Aging shall amend their 294.34grants that include direct personnel-related grant expenditures to include the rate 294.35adjustment for the portion of the grant that is employee compensation related. Grants 294.36for compensation-related services must be amended to pass through these adjustments 295.1within 60 days of the effective date of the increase and must be retroactive to the effective 295.2date of the rate adjustment.295.3    (k) The calendar year 2008 rate for vendors reimbursed under Minnesota Statutes, 295.4chapter 254B, shall be at least 2.75 percent above the rate in effect on January 1, 2007. 295.5The calendar year 2009 rate shall be at least 3.0 percent above the rate in effect on January 295.61, 2008.295.7    (l) Providers that receive a rate adjustment under paragraph (a) that is subject to 295.8paragraphs (f) and (g) shall provide to the commissioner, and those counties with whom 295.9they have a contract, within six months after the effective date of each rate adjustment, a 295.10letter, in a format specified by the commissioner, that provides assurances that the provider 295.11has developed and implemented a compensation plan and complied with paragraphs (f) 295.12and (g). The provider shall keep on file, and produce for the commissioner or county 295.13upon request, its plan, which must specify:295.14    (1) an estimate of the amounts of money that must be used as specified in paragraphs 295.15(f) and (g); and 295.16    (2) a detailed distribution plan specifying the allowable compensation-related and 295.17wage increases the provider will implement to use the funds available in clause (1).295.18    (m) Within six months after the effective date of each rate adjustment, the provider 295.19shall post this plan, excluding the information required in paragraph (l), clause (1), for 295.20a period of at least six weeks in an area of the provider's operation to which all eligible 295.21employees have access and provide instructions for employees who believe they have 295.22not received the wage and other compensation-related increases specified in paragraph 295.23(l), clause (2). Instructions must include a mailing address, e-mail address, and the 295.24telephone number that may be used by the employee to contact the commissioner or the 295.25commissioner's representative. Providers shall also make assurances to the commissioner 295.26and counties with whom they have a contract that they have complied with the requirement 295.27in this paragraph.295.28    Sec. 81. MINNESOTA RULES.295.29    The Department of Administration shall publish adopted rules in the State Register 295.30making the terminology changes specified in section 84 in Minnesota Rules. Upon 295.31publication in the State Register, the terminology changes for Minnesota Rules are 295.32adopted without further administrative action.295.33    Sec. 82. HOUSING WITH SERVICES AND HOME CARE PROVIDERS 295.34STUDY; REPORT.296.1    The commissioner of human services shall conduct a study of how the state of 296.2Minnesota can most effectively assist persons age 65 and older in selecting long-term care 296.3services that meet their needs, reflect their preferences, and enable them to maintain 296.4financial self-sufficiency as long as possible. The study shall include surveys of both 296.5consumers and providers of housing with services, assisted living, and in-home services, 296.6as well as an evaluation of what role the long-term care consultation program under 296.7Minnesota Statutes, section 256B.0911, does or could play in helping consumers to 296.8evaluate their options. Upon request of the commissioner, providers covered by the 296.9study shall provide data that the commissioner determines is reasonably necessary to 296.10achieve study outcomes. The preliminary results of this study shall be reported to the 296.11senate and house of representatives committees with jurisdiction over health and human 296.12services policy and finance issues by February 15, 2008, with a final report completed 296.13by December 15, 2008.296.14    Sec. 83. PROVIDER RATE INCREASE.296.15    Effective July 1, 2007, a day training and habilitation provider in St. Louis County 296.16providing services for up to 80 individuals shall have a reimbursement rate that equals 94 296.17percent of 125 percent of the statewide median per diem.296.18    Sec. 84. REVISOR'S INSTRUCTION.296.19    The revisor of statutes shall change the terms in column A to the terms in column B 296.20wherever they appear in Minnesota Statutes:

296.21Column AColumn B296.22296.23296.24296.25296.26"Office of Ombudsman for Older Minnesotans" and "Office of the Ombudsman for Older Minnesotans""Office of Ombudsman for Long-Term Care"296.27296.28"ombudsman for older Minnesotans""ombudsman for long-term care"

296.29    Sec. 85. REPEALER.296.30Minnesota Statutes 2006, sections 252.21; 252.22; 252.23; 252.24; 252.25; 252.261; 296.31252.275, subdivision 5; 256.9743; 256B.0913, subdivisions 5b, 5c, 5d, 5e, 5f, 5g, and 5h; 296.32and 256B.441, subdivisions 12, 16, 21, 26, 28, 42, and 45, are repealed.297.1ARTICLE 8297.2MENTAL HEALTH297.3    Section 1. [16C.155] JANITORIAL CONTRACTS FOR REHABILITATION 297.4PROGRAMS AND EXTENDED EMPLOYMENT PROVIDERS.297.5    The commissioner of administration shall ensure that a portion of all janitorial 297.6services contracts be awarded by the state to rehabilitation programs and extended 297.7employment providers listed under section 16C.15. The total value of the contracts under 297.8this section must exceed 19 percent of the total value of janitorial services contracts 297.9entered into in the previous fiscal year. The amount of each contract awarded under this 297.10section may exceed the estimated fair market price for the same goods and services by 297.11up to five percent.297.12    Sec. 2. Minnesota Statutes 2006, section 148C.11, subdivision 1, is amended to read:297.13    Subdivision 1. Other professionals. (a) Nothing in this chapter prevents members 297.14of other professions or occupations from performing functions for which they are qualified 297.15or licensed. This exception includes, but is not limited to: licensed physicians; registered 297.16nurses; licensed practical nurses; licensed psychological practitioners; members of 297.17the clergy; American Indian medicine men and women; licensed attorneys; probation 297.18officers; licensed marriage and family therapists; licensed social workers; social workers 297.19employed by city, county, or state agencies; licensed professional counselors; licensed 297.20school counselors; registered occupational therapists or occupational therapy assistants; 297.21city, county, or state employees when providing assessments or case management under 297.22Minnesota Rules, chapter 9530; and until July 1, 2007 2009, individuals providing 297.23integrated dual-diagnosis treatment in adult mental health rehabilitative programs certified 297.24by the Department of Human Services under section 
         256B.0622 or 
         256B.0623.297.25    (b) Nothing in this chapter prohibits technicians and resident managers in programs 297.26licensed by the Department of Human Services from discharging their duties as provided 297.27in Minnesota Rules, chapter 9530.297.28    (c) Any person who is exempt under this subdivision but who elects to obtain a 297.29license under this chapter is subject to this chapter to the same extent as other licensees. 297.30The board shall issue a license without examination to an applicant who is licensed or 297.31registered in a profession identified in paragraph (a) if the applicant:297.32    (1) shows evidence of current licensure or registration; and298.1    (2) has submitted to the board a plan for supervision during the first 2,000 hours of 298.2professional practice or has submitted proof of supervised professional practice that is 298.3acceptable to the board.298.4    (d) Any person who is exempt from licensure under this section must not use a 298.5title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug 298.6counselor" or otherwise hold themselves out to the public by any title or description 298.7stating or implying that they are engaged in the practice of alcohol and drug counseling, 298.8or that they are licensed to engage in the practice of alcohol and drug counseling unless 298.9that person is also licensed as an alcohol and drug counselor. Persons engaged in the 298.10practice of alcohol and drug counseling are not exempt from the board's jurisdiction 298.11solely by the use of one of the above titles.298.12    Sec. 3. Minnesota Statutes 2006, section 245.462, subdivision 20, is amended to read:298.13    Subd. 20. Mental illness. (a) "Mental illness" means an organic disorder of the 298.14brain or a clinically significant disorder of thought, mood, perception, orientation, 298.15memory, or behavior that is listed in the clinical manual of the International Classification 298.16of Diseases (ICD-9-CM), current edition, code range 290.0 to 
         302.99 or 306.0 to 316.0 298.17or the corresponding code in the American Psychiatric Association's Diagnostic and 298.18Statistical Manual of Mental Disorders (DSM-MD), current edition, Axes I, II, or III, and 298.19that seriously limits a person's capacity to function in primary aspects of daily living such 298.20as personal relations, living arrangements, work, and recreation. 298.21    (b) An "adult with acute mental illness" means an adult who has a mental illness that 298.22is serious enough to require prompt intervention.298.23    (c) For purposes of case management and community support services, a "person 298.24with serious and persistent mental illness" means an adult who has a mental illness and 298.25meets at least one of the following criteria:298.26    (1) the adult has undergone two or more episodes of inpatient care for a mental 298.27illness within the preceding 24 months;298.28    (2) the adult has experienced a continuous psychiatric hospitalization or residential 298.29treatment exceeding six months' duration within the preceding 12 months;298.30    (3) the adult has been treated by a crisis team two or more times within the preceding 298.3124 months;298.32    (4) the adult:298.33    (i) has a diagnosis of schizophrenia, bipolar disorder, major depression, or borderline 298.34personality disorder;298.35    (ii) indicates a significant impairment in functioning; and299.1    (iii) has a written opinion from a mental health professional, in the last three years, 299.2stating that the adult is reasonably likely to have future episodes requiring inpatient or 299.3residential treatment, of a frequency described in clause (1) or (2), unless ongoing case 299.4management or community support services are provided;299.5    (4) (5) the adult has, in the last three years, been committed by a court as a person 299.6who is mentally ill under chapter 253B, or the adult's commitment has been stayed or 299.7continued; or299.8    (5) (6) the adult (i) was eligible under clauses (1) to (4) (5), but the specified time 299.9period has expired or the adult was eligible as a child under section 
         245.4871, subdivision 299.106
         ; and (ii) has a written opinion from a mental health professional, in the last three years, 299.11stating that the adult is reasonably likely to have future episodes requiring inpatient or 299.12residential treatment, of a frequency described in clause (1) or (2), unless ongoing case 299.13management or community support services are provided. 299.14    Sec. 4. Minnesota Statutes 2006, section 245.465, is amended by adding a subdivision 299.15to read:299.16    Subd. 3.Responsibility not duplicated.For individuals who have health care 299.17coverage, the county board is not responsible for providing mental health services which 299.18are within the limits of the individual's health care coverage.299.19    Sec. 5. [245.4682] MENTAL HEALTH SERVICE DELIVERY AND FINANCE 299.20REFORM.299.21    Subdivision 1.Policy.The commissioner of human services shall undertake a series 299.22of reforms to address the underlying structural, financial, and organizational problems in 299.23Minnesota's mental health system with the goal of improving the availability, quality, and 299.24accountability of mental health care within the state.299.25    Subd. 2.General provisions.(a) In the design and implementation of reforms to 299.26the mental health system, the commissioner shall:299.27    (1) consult with consumers, families, counties, tribes, advocates, providers, and 299.28other stakeholders;299.29    (2) bring to the legislature, and the State Advisory Council on Mental Health, by 299.30January 15, 2008, recommendations for legislation to update the role of counties and to 299.31clarify the case management roles, functions, and decision-making authority of health 299.32plans and counties, and to clarify county retention of the responsibility for the delivery of 299.33social services as required under subdivision 3, paragraph (a);300.1    (3) withhold implementation of any recommended changes in case management 300.2roles, functions, and decision-making authority until after the release of the report due 300.3January 15, 2008;300.4    (4) ensure continuity of care for persons affected by these reforms including 300.5ensuring client choice of provider by requiring broad provider networks and developing 300.6mechanisms to facilitate a smooth transition of service responsibilities;300.7    (5) provide accountability for the efficient and effective use of public and private 300.8resources in achieving positive outcomes for consumers;300.9    (6) ensure client access to applicable protections and appeals; and300.10    (7) make budget transfers necessary to implement the reallocation of services and 300.11client responsibilities between counties and health care programs that do not increase the 300.12state and county costs and efficiently allocate state funds.300.13    (b) When making transfers under paragraph (a) necessary to implement movement 300.14of responsibility for clients and services between counties and health care programs, 300.15the commissioner, in consultation with counties, shall ensure that any transfer of state 300.16grants to health care programs, including the value of case management transfer grants 300.17under section 256B.0625, subdivision 20, does not exceed the value of the services being 300.18transferred for the latest 12-month period for which data is available. The commissioner 300.19may make quarterly adjustments based on the availability of additional data during the 300.20first four quarters after the transfers first occur. If case management transfer grants under 300.21section 256B.0625, subdivision 20, are repealed and the value, based on the last year prior 300.22to repeal, exceeds the value of the services being transferred, the difference becomes an 300.23ongoing part of each county's adult and children's mental health grants under sections 300.24245.4661, 245.4889, and 256E.12.300.25    (c) This appropriation is not authorized to be expended after December 31, 2010, 300.26unless approved by the legislature.300.27    Subd. 3.Projects for coordination of care.(a) Consistent with section 256B.69 300.28and chapters 256D and 256L, the commissioner is authorized to solicit, approve, and 300.29implement up to three projects to demonstrate the integration of physical and mental 300.30health services within prepaid health plans and their coordination with social services. 300.31The commissioner shall require that each project be based on locally defined partnerships 300.32that include at least one health maintenance organization, community integrated service 300.33network, or accountable provider network authorized and operating under chapter 62D, 300.3462N, or 62T, or county-based purchasing entity under section 256B.692 that is eligible to 300.35contract with the commissioner as a prepaid health plan, and the county or counties within 301.1the service area. Counties shall retain responsibility and authority for social services in 301.2these locally defined partnerships.301.3    (b) The commissioner, in consultation with consumers, families, and their 301.4representatives, shall:301.5    (1) determine criteria for approving the projects and use those criteria to solicit 301.6proposals for preferred integrated networks. The commissioner must develop criteria to 301.7evaluate the partnership proposed by the county and prepaid health plan to coordinate 301.8access and delivery of services. The proposal must at a minimum address how the 301.9partnership will coordinate the provision of:301.10    (i) client outreach and identification of health and social service needs paired with 301.11expedited access to appropriate resources;301.12    (ii) activities to maintain continuity of health care coverage;301.13    (iii) children's residential mental health treatment and treatment foster care;301.14    (iv) court-ordered assessments and treatments;301.15    (v) prepetition screening and commitments under chapter 253B;301.16    (vi) assessment and treatment of children identified through mental health screening 301.17of child welfare and juvenile corrections cases;301.18    (vii) home and community-based waiver services;301.19    (viii) assistance with finding and maintaining employment;301.20    (ix) housing; and301.21    (x) transportation;301.22    (2) determine specifications for contracts with prepaid health plans to improve the 301.23plan's ability to serve persons with mental health conditions, including specifications 301.24addressing:301.25    (i) early identification and intervention of physical and behavioral health problems;301.26    (ii) communication between the enrollee and the health plan;301.27    (iii) facilitation of enrollment for persons who are also eligible for a Medicare 301.28special needs plan offered by the health plan;301.29    (iv) risk screening procedures;301.30    (v) health care coordination;301.31    (vi) member services and access to applicable protections and appeal processes;301.32    (vii) specialty provider networks;301.33    (viii) transportation services;301.34    (ix) treatment planning; and301.35    (x) administrative simplification for providers;302.1    (3) begin implementation of the projects no earlier than January 1, 2009, with not 302.2more than 40 percent of the statewide population  included during calendar year 2009 and 302.3additional counties included in subsequent years;302.4    (4) waive any administrative rule not consistent with the implementation of the 302.5projects;302.6    (5) allow potential bidders at least 90 days to respond to the request for proposals; 302.7and302.8    (6) conduct an independent evaluation to determine if mental health outcomes have 302.9improved in that county or counties according to measurable standards designed in 302.10consultation with the advisory body established under this subdivision and reviewed by 302.11the State Advisory Council on Mental Health.302.12    (c) Notwithstanding any statute or administrative rule to the contrary, the 302.13commissioner may enroll all persons eligible for medical assistance with serious mental 302.14illness or emotional disturbance in the prepaid plan of their choice within the project 302.15service area unless:302.16    (1) the individual is eligible for home and community-based services for persons 302.17with developmental disabilities and related conditions under section 256B.092; or302.18    (2) the individual has a basis for exclusion from the prepaid plan under section 302.19256B.69, subdivision 4, other than disability, mental illness, or emotional disturbance.302.20    (d) The commissioner shall involve organizations representing persons with mental 302.21illness and their families in the development and distribution of information used to 302.22educate potential enrollees regarding their options for health care and mental health 302.23service delivery under this subdivision.302.24    (e) If the person described in paragraph (c) does not elect to remain in fee-for-service 302.25medical assistance, or declines to choose a plan, the commissioner may preferentially 302.26assign that person to the prepaid plan participating in the preferred integrated network. 302.27The commissioner shall implement the enrollment changes within a project's service area 302.28on the timeline specified in that project's approved application.302.29    (f) A person enrolled in a prepaid health plan under paragraphs (c) and (d) may 302.30disenroll from the plan at any time.302.31    (g) The commissioner, in consultation with consumers, families, and their 302.32representatives, shall evaluate the projects begun in 2009, and shall refine the design of the 302.33service integration projects before expanding the projects. The commissioner shall report 302.34to the chairs of the legislative committees with jurisdiction over mental health services 302.35by March 1, 2008, on plans for evaluation of preferred integrated networks established 302.36under this subdivision.303.1    (h) The commissioner shall apply for any federal waivers necessary to implement 303.2these changes.303.3    (i) Payment for Medicaid service providers under this subdivision for the months of 303.4May and June will be made no earlier than July 1 of the same calendar year.303.5    Sec. 6. Minnesota Statutes 2006, section 245.4712, subdivision 1, is amended to read:303.6    Subdivision 1. Availability of community support services.(a) County boards 303.7must provide or contract for sufficient community support services within the county to 303.8meet the needs of adults with serious and persistent mental illness who are residents of the 303.9county. Adults may be required to pay a fee according to section 
         245.481. The community 303.10support services program must be designed to improve the ability of adults with serious 303.11and persistent mental illness to: 303.12    (1) work in a regular or supported work environment;303.13    (2) handle basic activities of daily living;303.14    (3) participate in leisure time activities;303.15    (4) set goals and plans; and303.16    (5) obtain and maintain appropriate living arrangements.303.17    The community support services program must also be designed to reduce the 303.18need for and use of more intensive, costly, or restrictive placements both in number of 303.19admissions and length of stay.303.20    (b) Community support services are those services that are supportive in nature and 303.21not necessarily treatment oriented, and include:303.22    (1) conducting outreach activities such as home visits, health and wellness checks, 303.23and problem solving;303.24    (2) connecting people to resources to meet their basic needs;303.25    (3) finding, securing, and supporting people in their housing;303.26    (4) attaining and maintaining health insurance benefits;303.27    (5) assisting with job applications, finding and maintaining employment, and 303.28securing a stable financial situation;303.29    (6) fostering social support, including support groups, mentoring, peer support, and 303.30other efforts to prevent isolation and promote recovery; and303.31    (7) educating about mental illness, treatment, and recovery.303.32    (c) Community support services shall use all available funding streams. The county 303.33shall maintain the level of expenditures for this program, as required under section 303.34245.4835. County boards must continue to provide funds for those services not covered 303.35by other funding streams and to maintain an infrastructure to carry out these services.304.1    (d) The commissioner shall collect data on community support services programs, 304.2including, but not limited to, demographic information such as age, sex, race, the number 304.3of people served, and information related to housing, employment, hospitalization, 304.4symptoms, and satisfaction with services.304.5    Sec. 7. Minnesota Statutes 2006, section 245.4874, is amended to read:304.6245.4874 DUTIES OF COUNTY BOARD.304.7    Subdivision 1.Duties of the county board. (a) The county board must:304.8    (1) develop a system of affordable and locally available children's mental health 304.9services according to sections 
         245.487 to 
         245.4887;304.10    (2) establish a mechanism providing for interagency coordination as specified in 304.11section 
         245.4875, subdivision 6;304.12    (3) consider the assessment of unmet needs in the county as reported by the local 304.13children's mental health advisory council under section 
         245.4875, subdivision 5, paragraph 304.14(b), clause (3). The county shall provide, upon request of the local children's mental health 304.15advisory council, readily available data to assist in the determination of unmet needs;304.16    (4) assure that parents and providers in the county receive information about how to 304.17gain access to services provided according to sections 
         245.487 to 
         245.4887;304.18    (5) coordinate the delivery of children's mental health services with services 304.19provided by social services, education, corrections, health, and vocational agencies to 304.20improve the availability of mental health services to children and the cost-effectiveness of 304.21their delivery;304.22    (6) assure that mental health services delivered according to sections 
         245.487304.23to 
         245.4887 are delivered expeditiously and are appropriate to the child's diagnostic 304.24assessment and individual treatment plan;304.25    (7) provide the community with information about predictors and symptoms of 304.26emotional disturbances and how to access children's mental health services according to 304.27sections 
         245.4877 and 
         245.4878;304.28    (8) provide for case management services to each child with severe emotional 304.29disturbance according to sections 
         245.486; 
         245.4871, subdivisions 3 and 4; and 
         245.4881, 304.30subdivisions 1, 3, and 5
         ;304.31    (9) provide for screening of each child under section 
         245.4885 upon admission 304.32to a residential treatment facility, acute care hospital inpatient treatment, or informal 304.33admission to a regional treatment center;305.1    (10) prudently administer grants and purchase-of-service contracts that the county 305.2board determines are necessary to fulfill its responsibilities under sections 
         245.487 to 305.3245.4887
         ;305.4    (11) assure that mental health professionals, mental health practitioners, and case 305.5managers employed by or under contract to the county to provide mental health services 305.6are qualified under section 
         245.4871;305.7    (12) assure that children's mental health services are coordinated with adult mental 305.8health services specified in sections 
         245.461 to 
         245.486 so that a continuum of mental 305.9health services is available to serve persons with mental illness, regardless of the person's 305.10age;305.11    (13) assure that culturally informedcompetent mental health consultants are used as 305.12necessary to assist the county board in assessing and providing appropriate treatment for 305.13children of cultural or racial minority heritage; and305.14    (14) consistent with section 
         245.486, arrange for or provide a children's mental 305.15health screening to a child receiving child protective services or a child in out-of-home 305.16placement, a child for whom parental rights have been terminated, a child found to be 305.17delinquent, and a child found to have committed a juvenile petty offense for the third or 305.18subsequent time, unless a screening has been performed within the previous 180 days, or 305.19the child is currently under the care of a mental health professional. The court or county 305.20agency must notify a parent or guardian whose parental rights have not been terminated of 305.21the potential mental health screening and the option to prevent the screening by notifying 305.22the court or county agency in writing. The screening shall be conducted with a screening 305.23instrument approved by the commissioner of human services according to criteria that 305.24are updated and issued annually to ensure that approved screening instruments are valid 305.25and useful for child welfare and juvenile justice populations, and shall be conducted 305.26by a mental health practitioner as defined in section 
         245.4871, subdivision 26, or a 305.27probation officer or local social services agency staff person who is trained in the use of 305.28the screening instrument. Training in the use of the instrument shall include training in the 305.29administration of the instrument, the interpretation of its validity given the child's current 305.30circumstances, the state and federal data practices laws and confidentiality standards, the 305.31parental consent requirement, and providing respect for families and cultural values. 305.32If the screen indicates a need for assessment, the child's family, or if the family lacks 305.33mental health insurance, the local social services agency, in consultation with the child's 305.34family, shall have conducted a diagnostic assessment, including a functional assessment, 305.35as defined in section 
         245.4871. The administration of the screening shall safeguard the 305.36privacy of children receiving the screening and their families and shall comply with the 306.1Minnesota Government Data Practices Act, chapter 13, and the federal Health Insurance 306.2Portability and Accountability Act of 1996, Public Law 104-191. Screening results shall be 306.3considered private data and the commissioner shall not collect individual screening results.306.4    (b) When the county board refers clients to providers of children's therapeutic 306.5services and supports under section 
         256B.0943, the county board must clearly identify 306.6the desired services components not covered under section 
         256B.0943 and identify the 306.7reimbursement source for those requested services, the method of payment, and the 306.8payment rate to the provider.306.9    Subd. 2.Responsibility not duplicated.For individuals who have health care 306.10coverage, the county board is not responsible for providing mental health services which 306.11are within the limits of the individual's health care coverage.306.12    Sec. 8. [245.4889] CHILDREN'S MENTAL HEALTH GRANTS.306.13    Subdivision 1.Establishment and authority.(a) The commissioner is authorized 306.14to make grants from available appropriations to assist: 306.15    (1) counties;306.16    (2) Indian tribes;306.17    (3) children's collaboratives under section 124D.23 or 245.493; or306.18    (4) mental health service providers306.19for providing services to children with emotional disturbances as defined in section 306.20245.4871, subdivision 15, and their families. The commissioner may also authorize 306.21grants to young adults meeting the criteria for transition services in section 245.4875, 306.22subdivision 8, and their families. 306.23    (b) Services under paragraph (a) must be designed to help each child to function and 306.24remain with the child's family in the community and delivered consistent with the child's 306.25treatment plan. Transition services to eligible young adults under paragraph (a) must be 306.26designed to foster independent living in the community.306.27    Subd. 2.Grant application and reporting requirements.To apply for a grant, 306.28an applicant organization shall submit an application and budget for the use of the 306.29money in the form specified by the commissioner. The commissioner shall make grants 306.30only to entities whose applications and budgets are approved by the commissioner. In 306.31awarding grants, the commissioner shall give priority to applications that indicate plans 306.32to collaborate in the development, funding, and delivery of services with other agencies 306.33in the local system of care. The commissioner shall specify requirements for reports, 306.34including quarterly fiscal reports under section 256.01, subdivision 2, paragraph (q). The 307.1commissioner shall require collection of data and periodic reports that the commissioner 307.2deems necessary to demonstrate the effectiveness of each service.307.3    Sec. 9. Minnesota Statutes 2006, section 245.50, subdivision 5, is amended to read:307.4    Subd. 5. Special contracts; bordering states. (a) An individual who is detained, 307.5committed, or placed on an involuntary basis under chapter 253B may be confined or 307.6treated in a bordering state pursuant to a contract under this section. An individual who is 307.7detained, committed, or placed on an involuntary basis under the civil law of a bordering 307.8state may be confined or treated in Minnesota pursuant to a contract under this section. A 307.9peace or health officer who is acting under the authority of the sending state may transport 307.10an individual to a receiving agency that provides services pursuant to a contract under 307.11this section and may transport the individual back to the sending state under the laws 307.12of the sending state. Court orders valid under the law of the sending state are granted 307.13recognition and reciprocity in the receiving state for individuals covered by a contract 307.14under this section to the extent that the court orders relate to confinement for treatment 307.15or care of mental illness or chemical dependency. Such treatment or care may address 307.16other conditions that may be co-occurring with the mental illness or chemical dependency. 307.17These court orders are not subject to legal challenge in the courts of the receiving state. 307.18Individuals who are detained, committed, or placed under the law of a sending state and 307.19who are transferred to a receiving state under this section continue to be in the legal 307.20custody of the authority responsible for them under the law of the sending state. Except 307.21in emergencies, those individuals may not be transferred, removed, or furloughed from 307.22a receiving agency without the specific approval of the authority responsible for them 307.23under the law of the sending state.307.24    (b) While in the receiving state pursuant to a contract under this section, an 307.25individual shall be subject to the sending state's laws and rules relating to length of 307.26confinement, reexaminations, and extensions of confinement. No individual may be sent 307.27to another state pursuant to a contract under this section until the receiving state has 307.28enacted a law recognizing the validity and applicability of this section.307.29    (c) If an individual receiving services pursuant to a contract under this section leaves 307.30the receiving agency without permission and the individual is subject to involuntary 307.31confinement under the law of the sending state, the receiving agency shall use all 307.32reasonable means to return the individual to the receiving agency. The receiving agency 307.33shall immediately report the absence to the sending agency. The receiving state has the 307.34primary responsibility for, and the authority to direct, the return of these individuals 308.1within its borders and is liable for the cost of the action to the extent that it would be 308.2liable for costs of its own resident.308.3    (d) Responsibility for payment for the cost of care remains with the sending agency.308.4    (e) This subdivision also applies to county contracts under subdivision 2 which 308.5include emergency care and treatment provided to a county resident in a bordering state.308.6    (f) If a Minnesota resident is admitted to a facility in a bordering state under this 308.7chapter, a physician, licensed psychologist who has a doctoral degree in psychology, or 308.8an advance practice registered nurse certified in mental health, who is licensed in the 308.9bordering state, may act as an examiner under sections 253B.07, 253B.08, 253B.092, 308.10253B.12, and 253B.17 subject to the same requirements and limitations in section 308.11253B.02, subdivision 7.308.12    Sec. 10. Minnesota Statutes 2006, section 245.98, subdivision 2, is amended to read:308.13    Subd. 2. Program. The commissioner of human services shall establish a program 308.14for the treatment of compulsive gamblers. The commissioner may contract with an 308.15entity with expertise regarding the treatment of compulsive gambling to operate the 308.16program. The program may include the establishment of a statewide toll-free number, 308.17resource library, public education programs; regional in-service training programs and 308.18conferences for health care professionals, educators, treatment providers, employee 308.19assistance programs, and criminal justice representatives; and the establishment of 308.20certification standards for programs and service providers. The commissioner may enter 308.21into agreements with other entities and may employ or contract with consultants to 308.22facilitate the provision of these services or the training of individuals to qualify them to 308.23provide these services. The program may also include inpatient and outpatient treatment 308.24and rehabilitation services and for residents in different settings, including a temporary or 308.25permanent residential setting for mental health or chemical dependency, and individuals 308.26in jails or correctional facilities. The program may also include research studies. The 308.27research studies must include baseline and prevalence studies for adolescents and adults to 308.28identify those at the highest risk. The program must be approved by the commissioner 308.29before it is established.308.30    Sec. 11. [245A.175] MENTAL HEALTH TRAINING REQUIREMENT.308.31    Prior to a nonemergency placement of a child in a foster care home, the child 308.32foster care provider, licensed after July 1, 2007, must complete two hours of training 308.33that addresses the causes, symptoms, and key warning signs of mental health disorders; 308.34cultural considerations; and effective approaches for dealing with a child's behaviors. At 309.1least one hour of the annual 12-hour training requirement for foster parents must be on 309.2children's mental health issues and treatment. Training curriculum shall be approved 309.3by the commissioner of human services.309.4    Sec. 12. Minnesota Statutes 2006, section 246.54, subdivision 1, is amended to read:309.5    Subdivision 1. County portion for cost of care.(a) Except for chemical 309.6dependency services provided under sections 
         254B.01 to 
         254B.09, the client's county 309.7shall pay to the state of Minnesota a portion of the cost of care provided in a regional 309.8treatment center or a state nursing facility to a client legally settled in that county. A 309.9county's payment shall be made from the county's own sources of revenue and payments 309.10shall be paid as follows: payments to the state from the county shall equal 20 percenta 309.11percentage of the cost of care, as determined by the commissioner, for each day, or the 309.12portion thereof, that the client spends at a regional treatment center or a state nursing 309.13facility. according to the following schedule:309.14    (1) zero percent for the first 30 days;309.15    (2) 20 percent for days 31 to 60; and309.16    (3) 50 percent for any days over 60.309.17    (b) The increase in the county portion for cost of care under paragraph (a), clause 309.18(3), shall be imposed when the treatment facility has determined that it is clinically 309.19appropriate for the client to be discharged.309.20     (c) If payments received by the state under sections 
         246.50 to 
         246.53 exceed 80 309.21percent of the cost of care for days 31 to 60, or 50 percent for days over 60, the county 309.22shall be responsible for paying the state only the remaining amount. The county shall 309.23not be entitled to reimbursement from the client, the client's estate, or from the client's 309.24relatives, except as provided in section 
         246.53. No such payments shall be made for any 309.25client who was last committed prior to July 1, 1947.309.26EFFECTIVE DATE.This section is effective January 1, 2008.309.27    Sec. 13. Minnesota Statutes 2006, section 246.54, subdivision 2, is amended to read:309.28    Subd. 2. Exceptions.(a) Subdivision 1 does not apply to services provided at the 309.29Minnesota Security Hospital, the Minnesota sex offender program, or the Minnesota 309.30extended treatment options program. For services at these facilities, a county's payment 309.31shall be made from the county's own sources of revenue and payments shall be paid as 309.32follows: payments to the state from the county shall equal ten percent of the cost of care, 309.33as determined by the commissioner, for each day, or the portion thereof, that the client 309.34spends at the facility. If payments received by the state under sections 
         246.50 to 
         246.53310.1exceed 90 percent of the cost of care, the county shall be responsible for paying the state 310.2only the remaining amount. The county shall not be entitled to reimbursement from the 310.3client, the client's estate, or from the client's relatives, except as provided in section 
         246.53. 310.4    (b) Regardless of the facility to which the client is committed, subdivision 1 does not 310.5apply to the following individuals:310.6    (1) clients who are committed as mentally ill and dangerous under section 253B.02, 310.7subdivision 17;310.8    (2) clients who are committed as sexual psychopathic personalities under section 310.9253B.02, subdivision 18b; and310.10    (3) clients who are committed as sexually dangerous persons under section 253B.02, 310.11subdivision 18c.310.12    For each of the individuals in clauses (1) to (3), the payment by the county to the state 310.13shall equal ten percent of the cost of care for each day as determined by the commissioner.310.14    Sec. 14. Minnesota Statutes 2006, section 253B.185, is amended by adding a 310.15subdivision to read:310.16    Subd. 8.Petition and report required.(a) Within 120 days of receipt of a 310.17preliminary determination from a court under section 609.1351, or a referral from the 310.18commissioner of corrections pursuant to section 244.05, subdivision 7, a county attorney 310.19shall determine whether good cause under this section exists to file a petition, and if good 310.20cause exists, the county attorney or designee shall file the petition with the court.310.21    (b) Failure to meet the requirements of paragraph (a) does not bar filing a petition 310.22under subdivision 1 any time the county attorney determines pursuant to subdivision 1 310.23that good cause for such a petition exists.310.24    (c) By February 1 of each year, the commissioner of human services shall annually 310.25report to the respective chairs of the divisions or committees of the senate and house 310.26of representatives that oversee human services finance regarding compliance with this 310.27subdivision.310.28    Sec. 15. [254A.25] DUTIES OF COMMISSIONER RELATED TO CHEMICAL 310.29HEALTH.310.30    The commissioner shall:310.31    (1) annually distribute information to chemical health assessors on best practices in 310.32assessments, including model instruments for adults and adolescents;310.33    (2) monitor the compliance of local agencies with assessment and referral rules;311.1    (3) develop a directory that identifies key characteristics of each licensed chemical 311.2dependency treatment program;311.3    (4) work with the commissioner of health to develop guidelines and training 311.4materials for health care organizations on the use of brief interventions for alcohol and 311.5chemical substance abuse;311.6    (5) provide local agencies with examples of best practices for addressing needs of 311.7persons being considered for repeat placements into publicly funded treatment;311.8    (6) identify best practices to help local agencies monitor the progress of clients 311.9placed in treatment;311.10    (7) periodically provide local agencies with statewide information on treatment 311.11outcomes; and311.12    (8) post copies of state licensing reviews  at an online location where they may be 311.13reviewed by agencies that make client placements.311.14    Sec. 16. [256B.0615] MENTAL HEALTH CERTIFIED PEER SPECIALIST.311.15    Subdivision 1.Scope.Medical assistance covers mental health certified peers 311.16specialists services, as established in subdivision 2, subject to federal approval, if provided 311.17to recipients who are eligible for services under sections 256B.0622 and 256B.0623, 311.18and are provided by a certified peer specialist who has completed the training under 311.19subdivision 5.311.20    Subd. 2.Establishment.The commissioner of human services shall establish a 311.21certified peer specialists program model, which:311.22    (1) provides nonclinical peer support counseling by certified peer specialists;311.23    (2) provides a part of a wraparound continuum of services in conjunction with 311.24other community mental health services;311.25    (3) is individualized to the consumer; and311.26    (4) promotes socialization, recovery, self-sufficiency, self-advocacy, development of 311.27natural supports, and maintenance of skills learned in other support services.311.28    Subd. 3.Eligibility.Peer support services may be made available to consumers 311.29of the intensive rehabilitative mental health services under section 256B.0622 and adult 311.30rehabilitative mental health services under section 256B.0623.311.31    Subd. 4.Peer support specialist program providers.The commissioner shall 311.32develop a process to certify peer support specialist programs, in accordance with the 311.33federal guidelines, in order for the program to bill for reimbursable services. Peer support 311.34programs may be freestanding or within existing mental health community provider 311.35centers.312.1    Subd. 5.Certified peer specialist training and certification.The commissioner 312.2of human services shall develop a training and certification process for certified peer 312.3specialists, who must be at least 21 years of age and have a high school diploma or its 312.4equivalent. The candidates must have had a primary diagnosis of mental illness, be a 312.5current or former consumer of mental health services, and must demonstrate leadership 312.6and advocacy skills and a strong dedication to recovery. The training curriculum must 312.7teach participating consumers specific skills relevant to providing peer support to other 312.8consumers. In addition to initial training and certification, the commissioner shall develop 312.9ongoing continuing educational workshops on pertinent issues related to peer support 312.10counseling.312.11    Sec. 17. Minnesota Statutes 2006, section 256B.0622, subdivision 2, is amended to 312.12read:312.13    Subd. 2. Definitions. For purposes of this section, the following terms have the 312.14meanings given them.312.15    (a) "Intensive nonresidential rehabilitative mental health services" means adult 312.16rehabilitative mental health services as defined in section 
         256B.0623, subdivision 2, 312.17paragraph (a), except that these services are provided by a multidisciplinary staff using 312.18a total team approach consistent with assertive community treatment, the Fairweather 312.19Lodge treatment model, as defined by the standards established by the National Coalition 312.20for Community Living, and other evidence-based practices, and directed to recipients with 312.21a serious mental illness who require intensive services.312.22    (b) "Intensive residential rehabilitative mental health services" means short-term, 312.23time-limited services provided in a residential setting to recipients who are in need of 312.24more restrictive settings and are at risk of significant functional deterioration if they do 312.25not receive these services. Services are designed to develop and enhance psychiatric 312.26stability, personal and emotional adjustment, self-sufficiency, and skills to live in a more 312.27independent setting. Services must be directed toward a targeted discharge date with 312.28specified client outcomes and must be consistent with the Fairweather Lodge treatment 312.29model as defined in paragraph (a), and other evidence-based practices.312.30    (c) "Evidence-based practices" are nationally recognized mental health services that 312.31are proven by substantial research to be effective in helping individuals with serious 312.32mental illness obtain specific treatment goals.312.33    (d) "Overnight staff" means a member of the intensive residential rehabilitative 312.34mental health treatment team who is responsible during hours when recipients are 312.35typically asleep.313.1    (e) "Treatment team" means all staff who provide services under this section 313.2to recipients. At a minimum, this includes the clinical supervisor, mental health 313.3professionals, as defined in section 245.462, subdivision 18, clauses (1) to (5); mental 313.4health practitioners, and as defined in section 245.462, subdivision 17; mental health 313.5rehabilitation workers under section 256B.0623, subdivision 5, clause (3); and certified 313.6peer specialists under section 256B.0615.313.7    Sec. 18. Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to 313.8read:313.9    Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health 313.10services must be provided by qualified individual provider staff of a certified provider 313.11entity. Individual provider staff must be qualified under one of the following criteria:313.12    (1) a mental health professional as defined in section 
         245.462, subdivision 18, 313.13clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed 313.14mental health professional as defined in section 
         245.462, subdivision 18, clauses (1) to 313.15(5), recommending receipt of adult mental health rehabilitative services, the definition of 313.16mental health professional for purposes of this section includes a person who is qualified 313.17under section 
         245.462, subdivision 18, clause (6), and who holds a current and valid 313.18national certification as a certified rehabilitation counselor or certified psychosocial 313.19rehabilitation practitioner; 313.20    (2) a mental health practitioner as defined in section 
         245.462, subdivision 17. The 313.21mental health practitioner must work under the clinical supervision of a mental health 313.22professional; or313.23    (3) a certified peer specialist under section 256B.0615. The certified peer specialist 313.24must work under the clinical supervision of a mental health professional; or313.25    (3) (4) a mental health rehabilitation worker. A mental health rehabilitation worker 313.26means a staff person working under the direction of a mental health practitioner or mental 313.27health professional and under the clinical supervision of a mental health professional in 313.28the implementation of rehabilitative mental health services as identified in the recipient's 313.29individual treatment plan who:313.30    (i) is at least 21 years of age;313.31    (ii) has a high school diploma or equivalent;313.32    (iii) has successfully completed 30 hours of training during the past two years in all 313.33of the following areas: recipient rights, recipient-centered individual treatment planning, 313.34behavioral terminology, mental illness, co-occurring mental illness and substance abuse, 314.1psychotropic medications and side effects, functional assessment, local community 314.2resources, adult vulnerability, recipient confidentiality; and314.3    (iv) meets the qualifications in subitem (A) or (B):314.4    (A) has an associate of arts degree in one of the behavioral sciences or human 314.5services, or is a registered nurse without a bachelor's degree, or who within the previous 314.6ten years has:314.7    (1) three years of personal life experience with serious and persistent mental illness;314.8    (2) three years of life experience as a primary caregiver to an adult with a serious 314.9mental illness or traumatic brain injury; or314.10    (3) 4,000 hours of supervised paid work experience in the delivery of mental health 314.11services to adults with a serious mental illness or traumatic brain injury; or314.12    (B)(1) is fluent in the non-English language or competent in the culture of the 314.13ethnic group to which at least 20 percent of the mental health rehabilitation worker's 314.14clients belong;314.15    (2) receives during the first 2,000 hours of work, monthly documented individual 314.16clinical supervision by a mental health professional;314.17    (3) has 18 hours of documented field supervision by a mental health professional 314.18or practitioner during the first 160 hours of contact work with recipients, and at least six 314.19hours of field supervision quarterly during the following year;314.20    (4) has review and cosignature of charting of recipient contacts during field 314.21supervision by a mental health professional or practitioner; and314.22    (5) has 40 hours of additional continuing education on mental health topics during 314.23the first year of employment.314.24    Sec. 19. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 314.25subdivision to read:314.26    Subd. 5l.Intensive mental health outpatient treatment.Medical assistance 314.27covers intensive mental health outpatient treatment for dialectical behavioral therapy for 314.28adults. The commissioner shall establish:314.29    (1) certification procedures to ensure that providers of these services are qualified; 314.30and314.31    (2) treatment protocols including required service components and criteria for 314.32admission, continued treatment, and discharge.314.33EFFECTIVE DATE.This section is effective July 1, 2008, and subject to federal 314.34approval. The commissioner shall notify the revisor of statutes when federal approval is 314.35obtained.315.1    Sec. 20. Minnesota Statutes 2006, section 256B.0625, subdivision 20, is amended to 315.2read:315.3    Subd. 20. Mental health case management. (a) To the extent authorized by rule 315.4of the state agency, medical assistance covers case management services to persons with 315.5serious and persistent mental illness and children with severe emotional disturbance. 315.6Services provided under this section must meet the relevant standards in sections 
         245.461315.7to 
         245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota 315.8Rules, parts 
         9520.0900 to 
         9520.0926, and 
         9505.0322, excluding subpart 10. 315.9    (b) Entities meeting program standards set out in rules governing family community 315.10support services as defined in section 
         245.4871, subdivision 17, are eligible for medical 315.11assistance reimbursement for case management services for children with severe 315.12emotional disturbance when these services meet the program standards in Minnesota 315.13Rules, parts 
         9520.0900 to 
         9520.0926 and 
         9505.0322, excluding subparts 6 and 10. 315.14    (c) Medical assistance and MinnesotaCare payment for mental health case 315.15management shall be made on a monthly basis. In order to receive payment for an eligible 315.16child, the provider must document at least a face-to-face contact with the child, the child's 315.17parents, or the child's legal representative. To receive payment for an eligible adult, the 315.18provider must document:315.19    (1) at least a face-to-face contact with the adult or the adult's legal representative; or315.20    (2) at least a telephone contact with the adult or the adult's legal representative and 315.21document a face-to-face contact with the adult or the adult's legal representative within 315.22the preceding two months.315.23    (d) Payment for mental health case management provided by county or state staff 315.24shall be based on the monthly rate methodology under section 
         256B.094, subdivision 6, 315.25paragraph (b), with separate rates calculated for child welfare and mental health, and 315.26within mental health, separate rates for children and adults. 315.27    (e) Payment for mental health case management provided by Indian health services 315.28or by agencies operated by Indian tribes may be made according to this section or other 315.29relevant federally approved rate setting methodology.315.30    (f) Payment for mental health case management provided by vendors who contract 315.31with a county or Indian tribe shall be based on a monthly rate negotiated by the host county 315.32or tribe. The negotiated rate must not exceed the rate charged by the vendor for the same 315.33service to other payers. If the service is provided by a team of contracted vendors, the 315.34county or tribe may negotiate a team rate with a vendor who is a member of the team. The 315.35team shall determine how to distribute the rate among its members. No reimbursement 316.1received by contracted vendors shall be returned to the county or tribe, except to reimburse 316.2the county or tribe for advance funding provided by the county or tribe to the vendor.316.3    (g) If the service is provided by a team which includes contracted vendors, tribal 316.4staff, and county or state staff, the costs for county or state staff participation in the team 316.5shall be included in the rate for county-provided services. In this case, the contracted 316.6vendor, the tribal agency, and the county may each receive separate payment for services 316.7provided by each entity in the same month. In order to prevent duplication of services, 316.8each entity must document, in the recipient's file, the need for team case management and 316.9a description of the roles of the team members.316.10    (h) The commissioner shall calculate the nonfederal share of actual medical 316.11assistance and general assistance medical care payments for each county, based on the 316.12higher of calendar year 1995 or 1996, by service date, project that amount forward to 1999, 316.13and transfer one-half of the result from medical assistance and general assistance medical 316.14care to each county's mental health grants under section 256E.12 for calendar year 1999. 316.15The annualized minimum amount added to each county's mental health grant shall be 316.16$3,000 per year for children and $5,000 per year for adults. The commissioner may reduce 316.17the statewide growth factor in order to fund these minimums. The annualized total amount 316.18transferred shall become part of the base for future mental health grants for each county. 316.19    (i)(h) Notwithstanding section 
         256B.19, subdivision 1, the nonfederal share of 316.20costs for mental health case management shall be provided by the recipient's county of 316.21responsibility, as defined in sections 
         256G.01 to 
         256G.12, from sources other than federal 316.22funds or funds used to match other federal funds. If the service is provided by a tribal 316.23agency, the nonfederal share, if any, shall be provided by the recipient's tribe. When this 316.24service is paid by the state without a federal share through fee-for-service, 50 percent of 316.25the cost shall be provided by the recipient's county of responsibility.316.26    (i) Notwithstanding any administrative rule to the contrary, prepaid medical 316.27assistance, general assistance medical care, and MinnesotaCare include mental health case 316.28management. When the service is provided through prepaid capitation, the nonfederal 316.29share is paid by the state and the county pays no share.316.30    (j) The commissioner may suspend, reduce, or terminate the reimbursement to a 316.31provider that does not meet the reporting or other requirements of this section. The county 316.32of responsibility, as defined in sections 
         256G.01 to 
         256G.12, or, if applicable, the tribal 316.33agency, is responsible for any federal disallowances. The county or tribe may share this 316.34responsibility with its contracted vendors. 317.1    (k) The commissioner shall set aside a portion of the federal funds earned for county 317.2expenditures under this section to repay the special revenue maximization account under 317.3section 
         256.01, subdivision 2, clause (15). The repayment is limited to: 317.4    (1) the costs of developing and implementing this section; and317.5    (2) programming the information systems.317.6    (l) Payments to counties and tribal agencies for case management expenditures 317.7under this section shall only be made from federal earnings from services provided 317.8under this section. When this service is paid by the state without a federal share through 317.9fee-for-service, 50 percent of the cost shall be provided by the state. Payments to 317.10county-contracted vendors shall include both the federal earnings, the state share,  and the 317.11county share.317.12    (m) Notwithstanding section 256B.041, county payments for the cost of mental 317.13health case management services provided by county or state staff shall not be made 317.14to the commissioner of finance. For the purposes of mental health case management 317.15services provided by county or state staff under this section, the centralized disbursement 317.16of payments to counties under section 256B.041 consists only of federal earnings from 317.17services provided under this section. 317.18    (n)(m) Case management services under this subdivision do not include therapy, 317.19treatment, legal, or outreach services.317.20    (o)(n) If the recipient is a resident of a nursing facility, intermediate care facility, 317.21or hospital, and the recipient's institutional care is paid by medical assistance, payment 317.22for case management services under this subdivision is limited to the last 180 days of 317.23the recipient's residency in that facility and may not exceed more than six months in a 317.24calendar year.317.25    (p)(o) Payment for case management services under this subdivision shall not 317.26duplicate payments made under other program authorities for the same purpose.317.27    (q) By July 1, 2000, the commissioner shall evaluate the effectiveness of the changes 317.28required by this section, including changes in number of persons receiving mental health 317.29case management, changes in hours of service per person, and changes in caseload size.317.30    (r) For each calendar year beginning with the calendar year 2001, the annualized 317.31amount of state funds for each county determined under paragraph (h) shall be adjusted by 317.32the county's percentage change in the average number of clients per month who received 317.33case management under this section during the fiscal year that ended six months prior to 317.34the calendar year in question, in comparison to the prior fiscal year.318.1    (s) For counties receiving the minimum allocation of $3,000 or $5,000 described 318.2in paragraph (h), the adjustment in paragraph (s) shall be determined so that the county 318.3receives the higher of the following amounts:318.4    (1) a continuation of the minimum allocation in paragraph (h); or318.5    (2) an amount based on that county's average number of clients per month who 318.6received case management under this section during the fiscal year that ended six months 318.7prior to the calendar year in question, times the average statewide grant per person per 318.8month for counties not receiving the minimum allocation.318.9    (t) The adjustments in paragraphs (s) and (t) shall be calculated separately for 318.10children and adults.318.11EFFECTIVE DATE.This section is effective January 1, 2009, except the 318.12amendments to paragraphs (h), (r), (s), and (t) are effective January 1, 2008.318.13    Sec. 21. Minnesota Statutes 2006, section 256B.0625, subdivision 47, is amended to 318.14read:318.15    Subd. 47. Treatment foster care services. Effective July 1, 2006 2009, and subject 318.16to federal approval, medical assistance covers treatment foster care services according to 318.17section 
         256B.0946.318.18    Sec. 22. Minnesota Statutes 2006, section 256B.0943, subdivision 8, is amended to 318.19read:318.20    Subd. 8. Required preservice and continuing education. (a) A provider entity 318.21shall establish a plan to provide preservice and continuing education for staff. The plan 318.22must clearly describe the type of training necessary to maintain current skills and obtain 318.23new skills and that relates to the provider entity's goals and objectives for services offered.318.24    (b) A provider that employs a mental health behavioral aide under this section must 318.25require the mental health behavioral aide to complete 30 hours of preservice training. The 318.26preservice training must include topics specified in Minnesota Rules, part 9535.4068, 318.27subparts 1 and 2, and parent team training. The preservice training must include 15 hours 318.28of in-person training of a mental health behavioral aide in mental health services delivery 318.29and eight hours of parent team training. Curricula for parent team training must be 318.30approved in advance by the commissioner. Components of parent team training include:318.31    (1) partnering with parents;318.32    (2) fundamentals of family support;318.33    (3) fundamentals of policy and decision making;318.34    (4) defining equal partnership;319.1    (5) complexities of the parent and service provider partnership in multiple service 319.2delivery systems due to system strengths and weaknesses;319.3    (6) sibling impacts;319.4    (7) support networks; and319.5    (8) community resources.319.6    (c) A provider entity that employs a mental health practitioner and a mental health 319.7behavioral aide to provide children's therapeutic services and supports under this section 319.8must require the mental health practitioner and mental health behavioral aide to complete 319.920 hours of continuing education every two calendar years. The continuing education 319.10must be related to serving the needs of a child with emotional disturbance in the child's 319.11home environment and the child's family. The topics covered in orientation and training 319.12must conform to Minnesota Rules, part 9535.4068.319.13    (d) The provider entity must document the mental health practitioner's or mental 319.14health behavioral aide's annual completion of the required continuing education. The 319.15documentation must include the date, subject, and number of hours of the continuing 319.16education, and attendance records, as verified by the staff member's signature, job 319.17title, and the instructor's name. The provider entity must keep documentation for each 319.18employee, including records of attendance at professional workshops and conferences, 319.19at a central location and in the employee's personnel file.319.20    Sec. 23. Minnesota Statutes 2006, section 256B.0945, subdivision 4, is amended to 319.21read:319.22    Subd. 4. Payment rates. (a) Notwithstanding sections 
         256B.19 and 
         256B.041, 319.23payments to counties for residential services provided by a residential facility shall only 319.24be made of federal earnings for services provided under this section, and the nonfederal 319.25share of costs for services provided under this section shall be paid by the county from 319.26sources other than federal funds or funds used to match other federal funds. Payment to 319.27counties for services provided according to this section shall be a proportion of the per 319.28day contract rate that relates to rehabilitative mental health services and shall not include 319.29payment for costs or services that are billed to the IV-E program as room and board. 319.30    (b) Per diem rates paid to providers under this section by prepaid plans shall be the 319.31proportion of the per-day contract rate that relates to rehabilitative mental health services 319.32and shall not include payment for group foster care costs or services that are billed to the 319.33county of financial responsibility.319.34    (c) The commissioner shall set aside a portion not to exceed five percent of the 319.35federal funds earned for county expenditures under this section to cover the state costs of 320.1administering this section. Any unexpended funds from the set-aside shall be distributed 320.2to the counties in proportion to their earnings under this section.320.3EFFECTIVE DATE.This section is effective January 1, 2009.320.4    Sec. 24. Minnesota Statutes 2006, section 256B.69, subdivision 4, is amended to read:320.5    Subd. 4. Limitation of choice. (a) The commissioner shall develop criteria to 320.6determine when limitation of choice may be implemented in the experimental counties. 320.7The criteria shall ensure that all eligible individuals in the county have continuing access 320.8to the full range of medical assistance services as specified in subdivision 6.320.9    (b) The commissioner shall exempt the following persons from participation in the 320.10project, in addition to those who do not meet the criteria for limitation of choice:320.11    (1) persons eligible for medical assistance according to section 
         256B.055, 320.12subdivision 1
         ;320.13    (2) persons eligible for medical assistance due to blindness or disability as 320.14determined by the Social Security Administration or the state medical review team, unless:320.15    (i) they are 65 years of age or older; or320.16    (ii) they reside in Itasca County or they reside in a county in which the commissioner 320.17conducts a pilot project under a waiver granted pursuant to section 1115 of the Social 320.18Security Act;320.19    (3) recipients who currently have private coverage through a health maintenance 320.20organization;320.21    (4) recipients who are eligible for medical assistance by spending down excess 320.22income for medical expenses other than the nursing facility per diem expense;320.23    (5) recipients who receive benefits under the Refugee Assistance Program, 320.24established under United States Code, title 8, section 1522(e);320.25    (6) children who are both determined to be severely emotionally disturbed and 320.26receiving case management services according to section 
         256B.0625, subdivision 20, 320.27except children who are eligible for and who decline enrollment in an approved preferred 320.28integrated network under section 245.4682;320.29    (7) adults who are both determined to be seriously and persistently mentally ill and 320.30received case management services according to section 
         256B.0625, subdivision 20;320.31    (8) persons eligible for medical assistance according to section 
         256B.057, 320.32subdivision 10
         ; and320.33    (9) persons with access to cost-effective employer-sponsored private health 320.34insurance or persons enrolled in a non-Medicare individual health plan determined to be 320.35cost-effective according to section 
         256B.0625, subdivision 15.321.1Children under age 21 who are in foster placement may enroll in the project on an elective 321.2basis. Individuals excluded under clauses (1), (6), and (7) may choose to enroll on an 321.3elective basis. The commissioner may enroll recipients in the prepaid medical assistance 321.4program for seniors who are (1) age 65 and over, and (2) eligible for medical assistance by 321.5spending down excess income.321.6    (c) The commissioner may allow persons with a one-month spenddown who are 321.7otherwise eligible to enroll to voluntarily enroll or remain enrolled, if they elect to prepay 321.8their monthly spenddown to the state.321.9    (d) The commissioner may require those individuals to enroll in the prepaid medical 321.10assistance program who otherwise would have been excluded under paragraph (b), clauses 321.11(1), (3), and (8), and under Minnesota Rules, part 9500.1452, subpart 2, items H, K, and L.321.12    (e) Before limitation of choice is implemented, eligible individuals shall be notified 321.13and after notification, shall be allowed to choose only among demonstration providers. 321.14The commissioner may assign an individual with private coverage through a health 321.15maintenance organization, to the same health maintenance organization for medical 321.16assistance coverage, if the health maintenance organization is under contract for medical 321.17assistance in the individual's county of residence. After initially choosing a provider, 321.18the recipient is allowed to change that choice only at specified times as allowed by the 321.19commissioner. If a demonstration provider ends participation in the project for any reason, 321.20a recipient enrolled with that provider must select a new provider but may change providers 321.21without cause once more within the first 60 days after enrollment with the second provider.321.22    (f) An infant born to a woman who is eligible for and receiving medical assistance 321.23and who is enrolled in the prepaid medical assistance program shall be retroactively 321.24enrolled to the month of birth in the same managed care plan as the mother once the 321.25child is enrolled in medical assistance unless the child is determined to be excluded from 321.26enrollment in a prepaid plan under this section.321.27EFFECTIVE DATE.This section is effective January 1, 2009.321.28    Sec. 25. Minnesota Statutes 2006, section 256B.69, subdivision 5g, is amended to read:321.29    Subd. 5g. Payment for covered services. For services rendered on or after January 321.301, 2003, the total payment made to managed care plans for providing covered services 321.31under the medical assistance and general assistance medical care programs is reduced by 321.32.5 percent from their current statutory rates. This provision excludes payments for nursing 321.33home services, home and community-based waivers, and payments to demonstration 321.34projects for persons with disabilities, and mental health services added as covered benefits 321.35after December 31, 2007.322.1    Sec. 26. Minnesota Statutes 2006, section 256B.69, subdivision 5h, is amended to read:322.2    Subd. 5h. Payment reduction. In addition to the reduction in subdivision 5g, 322.3the total payment made to managed care plans under the medical assistance program is 322.4reduced 1.0 percent for services provided on or after October 1, 2003, and an additional 322.51.0 percent for services provided on or after January 1, 2004. This provision excludes 322.6payments for nursing home services, home and community-based waivers, and payments 322.7to demonstration projects for persons with disabilities, and mental health services added as 322.8covered benefits after December 31, 2007.322.9    Sec. 27. Minnesota Statutes 2006, section 256B.763, is amended to read:322.10256B.763 CRITICAL ACCESS MENTAL HEALTH RATE INCREASE.322.11    (a) For services defined in paragraph (b) and rendered on or after July 1, 2007, 322.12payment rates shall be increased by 23.7 percent over the rates in effect on January 1, 322.132006, for:322.14    (1) psychiatrists and advanced practice registered nurses with a psychiatric specialty;322.15    (2) community mental health centers under section 
         256B.0625, subdivision 5; and322.16    (3) mental health clinics and centers certified under Minnesota Rules, parts 322.179520.0750
          to 
         9520.0870, or hospital outpatient psychiatric departments that are designated 322.18as essential community providers under section 
         62Q.19.322.19    (b) This increase applies to group skills training when provided as a component of 322.20children's therapeutic services and support, psychotherapy, medication management, 322.21evaluation and management, diagnostic assessment, explanation of findings, psychological 322.22testing, neuropsychological services, direction of behavioral aides, and inpatient 322.23consultation.322.24    (c) This increase does not apply to rates that are governed by section 
         256B.0625, 322.25subdivision 30, or 
         256B.761, paragraph (b), other cost-based rates, rates that are 322.26negotiated with the county, rates that are established by the federal government, or rates 322.27that increased between January 1, 2004, and January 1, 2005.322.28    (d) The commissioner shall adjust rates paid to prepaid health plans under contract 322.29with the commissioner to reflect the rate increases provided in paragraphparagraphs (a), 322.30(e), and (f). The prepaid health plan must pass this rate increase to the providers identified 322.31in paragraphparagraphs (a), (e), (f), and (g).322.32    (e) Payment rates shall be increased by 23.7 percent over the rates in effect on 322.33December 31, 2007, for:322.34    (1) medication education services provided on or after January 1, 2008, by adult 322.35rehabilitative mental health services providers certified under section 256B.0623; and323.1    (2) mental health behavioral aide services provided on or after January 1, 2008, by 323.2children's therapeutic services and support providers certified under section 256B.0943.323.3    (f) For services defined in paragraph (b) and rendered on or after January 1, 2008, by 323.4children's therapeutic services and support providers certified under section 256B.0943 323.5and not already included in paragraph (a), payment rates shall be increased by 23.7 percent 323.6over the rates in effect on December 31, 2007.323.7    (g) Payment rates shall be increased by 2.3 percent over the rates in effect on 323.8December 31, 2007, for individual and family skills training provided on or after January 323.91, 2008, by children's therapeutic services and support providers certified under section 323.10256B.0943.323.11EFFECTIVE DATE.This section is effective January 1, 2008.323.12    Sec. 28. Minnesota Statutes 2006, section 256D.03, subdivision 4, is amended to read:323.13    Subd. 4. General assistance medical care; services. (a)(i) For a person who is 323.14eligible under subdivision 3, paragraph (a), clause (2), item (i), general assistance medical 323.15care covers, except as provided in paragraph (c):323.16    (1) inpatient hospital services;323.17    (2) outpatient hospital services;323.18    (3) services provided by Medicare certified rehabilitation agencies;323.19    (4) prescription drugs and other products recommended through the process 323.20established in section 
         256B.0625, subdivision 13;323.21    (5) equipment necessary to administer insulin and diagnostic supplies and equipment 323.22for diabetics to monitor blood sugar level;323.23    (6) eyeglasses and eye examinations provided by a physician or optometrist;323.24    (7) hearing aids;323.25    (8) prosthetic devices;323.26    (9) laboratory and X-ray services;323.27    (10) physician's services;323.28    (11) medical transportation except special transportation;323.29    (12) chiropractic services as covered under the medical assistance program;323.30    (13) podiatric services;323.31    (14) dental services as covered under the medical assistance program;323.32    (15) outpatient services provided by a mental health center or clinic that is under 323.33contract with the county board and is established under section 245.62 mental health 323.34services covered under chapter 256B;324.1    (16) day treatment services for mental illness provided under contract with the 324.2county board;324.3    (17)(16) prescribed medications for persons who have been diagnosed as mentally 324.4ill as necessary to prevent more restrictive institutionalization;324.5    (18) psychological services,(17) medical supplies and equipment, and Medicare 324.6premiums, coinsurance and deductible payments;324.7    (19)(18) medical equipment not specifically listed in this paragraph when the use 324.8of the equipment will prevent the need for costlier services that are reimbursable under 324.9this subdivision;324.10    (20)(19) services performed by a certified pediatric nurse practitioner, a 324.11certified family nurse practitioner, a certified adult nurse practitioner, a certified 324.12obstetric/gynecological nurse practitioner, a certified neonatal nurse practitioner, or a 324.13certified geriatric nurse practitioner in independent practice, if (1) the service is otherwise 324.14covered under this chapter as a physician service, (2) the service provided on an inpatient 324.15basis is not included as part of the cost for inpatient services included in the operating 324.16payment rate, and (3) the service is within the scope of practice of the nurse practitioner's 324.17license as a registered nurse, as defined in section 
         148.171;324.18    (21)(20) services of a certified public health nurse or a registered nurse practicing 324.19in a public health nursing clinic that is a department of, or that operates under the direct 324.20authority of, a unit of government, if the service is within the scope of practice of the 324.21public health nurse's license as a registered nurse, as defined in section 
         148.171; and324.22    (22)(21) telemedicine consultations, to the extent they are covered under section 324.23256B.0625, subdivision 3b
         ; and.324.24    (23) mental health telemedicine and psychiatric consultation as covered under 324.25section 256B.0625, subdivisions 46 and 48.324.26    (ii) Effective October 1, 2003, for a person who is eligible under subdivision 3, 324.27paragraph (a), clause (2), item (ii), general assistance medical care coverage is limited 324.28to inpatient hospital services, including physician services provided during the inpatient 324.29hospital stay. A $1,000 deductible is required for each inpatient hospitalization.324.30    (b) Effective August 1, 2005, sex reassignment surgery is not covered under this 324.31subdivision.324.32    (c) In order to contain costs, the commissioner of human services shall select 324.33vendors of medical care who can provide the most economical care consistent with high 324.34medical standards and shall where possible contract with organizations on a prepaid 324.35capitation basis to provide these services. The commissioner shall consider proposals by 324.36counties and vendors for prepaid health plans, competitive bidding programs, block grants, 325.1or other vendor payment mechanisms designed to provide services in an economical 325.2manner or to control utilization, with safeguards to ensure that necessary services are 325.3provided. Before implementing prepaid programs in counties with a county operated or 325.4affiliated public teaching hospital or a hospital or clinic operated by the University of 325.5Minnesota, the commissioner shall consider the risks the prepaid program creates for the 325.6hospital and allow the county or hospital the opportunity to participate in the program in a 325.7manner that reflects the risk of adverse selection and the nature of the patients served by 325.8the hospital, provided the terms of participation in the program are competitive with the 325.9terms of other participants considering the nature of the population served. Payment for 325.10services provided pursuant to this subdivision shall be as provided to medical assistance 325.11vendors of these services under sections 
         256B.02, subdivision 8, and 
         256B.0625. For 325.12payments made during fiscal year 1990 and later years, the commissioner shall consult 325.13with an independent actuary in establishing prepayment rates, but shall retain final control 325.14over the rate methodology.325.15    (d) Recipients eligible under subdivision 3, paragraph (a), shall pay the following 325.16co-payments for services provided on or after October 1, 2003:325.17    (1) $25 for eyeglasses;325.18    (2) $25 for nonemergency visits to a hospital-based emergency room;325.19    (3) $3 per brand-name drug prescription and $1 per generic drug prescription, 325.20subject to a $12 per month maximum for prescription drug co-payments. No co-payments 325.21shall apply to antipsychotic drugs when used for the treatment of mental illness; and325.22    (4) 50 percent coinsurance on restorative dental services.325.23    (e) Co-payments shall be limited to one per day per provider for nonpreventive visits, 325.24eyeglasses, and nonemergency visits to a hospital-based emergency room. Recipients of 325.25general assistance medical care are responsible for all co-payments in this subdivision. 325.26The general assistance medical care reimbursement to the provider shall be reduced by 325.27the amount of the co-payment, except that reimbursement for prescription drugs shall not 325.28be reduced once a recipient has reached the $12 per month maximum for prescription 325.29drug co-payments. The provider collects the co-payment from the recipient. Providers 325.30may not deny services to recipients who are unable to pay the co-payment, except as 325.31provided in paragraph (f).325.32    (f) If it is the routine business practice of a provider to refuse service to an individual 325.33with uncollected debt, the provider may include uncollected co-payments under this 325.34section. A provider must give advance notice to a recipient with uncollected debt before 325.35services can be denied.326.1    (g) Any county may, from its own resources, provide medical payments for which 326.2state payments are not made.326.3    (h) Chemical dependency services that are reimbursed under chapter 254B must not 326.4be reimbursed under general assistance medical care.326.5    (i) The maximum payment for new vendors enrolled in the general assistance 326.6medical care program after the base year shall be determined from the average usual and 326.7customary charge of the same vendor type enrolled in the base year.326.8    (j) The conditions of payment for services under this subdivision are the same as the 326.9conditions specified in rules adopted under chapter 256B governing the medical assistance 326.10program, unless otherwise provided by statute or rule.326.11    (k) Inpatient and outpatient payments shall be reduced by five percent, effective July 326.121, 2003. This reduction is in addition to the five percent reduction effective July 1, 2003, 326.13and incorporated by reference in paragraph (i).326.14    (l) Payments for all other health services except inpatient, outpatient, and pharmacy 326.15services shall be reduced by five percent, effective July 1, 2003.326.16    (m) Payments to managed care plans shall be reduced by five percent for services 326.17provided on or after October 1, 2003.326.18    (n) A hospital receiving a reduced payment as a result of this section may apply the 326.19unpaid balance toward satisfaction of the hospital's bad debts.326.20    (o) Fee-for-service payments for nonpreventive visits shall be reduced by $3 326.21for services provided on or after January 1, 2006. For purposes of this subdivision, a 326.22visit means an episode of service which is required because of a recipient's symptoms, 326.23diagnosis, or established illness, and which is delivered in an ambulatory setting by 326.24a physician or physician ancillary, chiropractor, podiatrist, advance practice nurse, 326.25audiologist, optician, or optometrist.326.26    (p) Payments to managed care plans shall not be increased as a result of the removal 326.27of the $3 nonpreventive visit co-payment effective January 1, 2006.326.28    (q) Payments for mental health services added as covered benefits after December 326.2931, 2007, are not subject to the reductions in paragraphs (i), (k), (l), and (m).326.30EFFECTIVE DATE.This section is effective January 1, 2008, except mental health 326.31case management under paragraph (a), clause (i), item (15), is effective January 1, 2009.326.32    Sec. 29. Minnesota Statutes 2006, section 256L.03, subdivision 1, is amended to read:326.33    Subdivision 1. Covered health services. For individuals under section 
         256L.04, 326.34subdivision 7
         , with income no greater than 75 percent of the federal poverty guidelines 326.35or for families with children under section 
         256L.04, subdivision 1, all subdivisions of 327.1this section apply. "Covered health services" means the health services reimbursed 327.2under chapter 256B, with the exception of inpatient hospital services, special education 327.3services, private duty nursing services, adult dental care services other than services 327.4covered under section 
         256B.0625, subdivision 9, orthodontic services, nonemergency 327.5medical transportation services, personal care assistant and case management services, 327.6nursing home or intermediate care facilities services, inpatient mental health services, 327.7and chemical dependency services. Outpatient mental health services covered under the 327.8MinnesotaCare program are limited to diagnostic assessments, psychological testing, 327.9explanation of findings, mental health telemedicine, psychiatric consultation, medication 327.10management by a physician, day treatment, partial hospitalization, and individual, family, 327.11and group psychotherapy.327.12    No public funds shall be used for coverage of abortion under MinnesotaCare 327.13except where the life of the female would be endangered or substantial and irreversible 327.14impairment of a major bodily function would result if the fetus were carried to term; or 327.15where the pregnancy is the result of rape or incest.327.16    Covered health services shall be expanded as provided in this section.327.17EFFECTIVE DATE.This section is effective January 1, 2008, except coverage for 327.18mental health case management under subdivision 1 is effective January 1, 2009.327.19    Sec. 30. Minnesota Statutes 2006, section 256L.03, subdivision 5, is amended to read:327.20    Subd. 5. Co-payments and coinsurance. (a) Except as provided in paragraphs (b) 327.21and (c), the MinnesotaCare benefit plan shall include the following co-payments and 327.22coinsurance requirements for all enrollees:327.23    (1) ten percent of the paid charges for inpatient hospital services for adult enrollees, 327.24subject to an annual inpatient out-of-pocket maximum of $1,000 per individual and 327.25$3,000 per family;327.26    (2) $3 per prescription for adult enrollees;327.27    (3) $25 for eyeglasses for adult enrollees;327.28    (4) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an 327.29episode of service which is required because of a recipient's symptoms, diagnosis, or 327.30established illness, and which is delivered in an ambulatory setting by a physician or 327.31physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse, 327.32audiologist, optician, or optometrist; and327.33    (5) $6 for nonemergency visits to a hospital-based emergency room.327.34    (b) Paragraph (a), clause (1), does not apply to parents and relative caretakers of 327.35children under the age of 21 in households with family income equal to or less than 175 328.1percent of the federal poverty guidelines. Paragraph (a), clause (1), does not apply to 328.2parents and relative caretakers of children under the age of 21 in households with family 328.3income greater than 175 percent of the federal poverty guidelines for inpatient hospital 328.4admissions occurring on or after January 1, 2001.328.5    (c) Paragraph (a), clauses (1) to (4), do not apply to pregnant women and children 328.6under the age of 21.328.7    (d) Paragraph (a), clause (4), does not apply to mental health services.328.8    (e) Adult enrollees with family gross income that exceeds 175 percent of the 328.9federal poverty guidelines and who are not pregnant shall be financially responsible for 328.10the coinsurance amount, if applicable, and amounts which exceed the $10,000 inpatient 328.11hospital benefit limit.328.12    (e) (f) When a MinnesotaCare enrollee becomes a member of a prepaid health plan, 328.13or changes from one prepaid health plan to another during a calendar year, any charges 328.14submitted towards the $10,000 annual inpatient benefit limit, and any out-of-pocket 328.15expenses incurred by the enrollee for inpatient services, that were submitted or incurred 328.16prior to enrollment, or prior to the change in health plans, shall be disregarded.328.17    Sec. 31. Minnesota Statutes 2006, section 256L.12, subdivision 9a, is amended to read:328.18    Subd. 9a. Rate setting; ratable reduction. For services rendered on or after 328.19October 1, 2003, the total payment made to managed care plans under the MinnesotaCare 328.20program is reduced 1.0 percent. This provision excludes payments for mental health 328.21services added as covered benefits after December 31, 2007.328.22    Sec. 32. Minnesota Statutes 2006, section 609.115, subdivision 9, is amended to read:328.23    Subd. 9. Compulsive gambling assessment required. (a) If a person is convicted 328.24of theft under section 
         609.52, embezzlement of public funds under section 
         609.54, or 328.25forgery under section 
         609.625, 
         609.63, or 
         609.631, the probation officer shall determine in 328.26the report prepared under subdivision 1 whether or not compulsive gambling contributed 328.27to the commission of the offense. If so, the report shall contain the results of a compulsive 328.28gambling assessment conducted in accordance with this subdivision. The probation officer 328.29shall make an appointment for the offender to undergo the assessment if so indicated. 328.30    (b) The compulsive gambling assessment report must include a recommended level 328.31of treatment for the offender if the assessor concludes that the offender is in need of 328.32compulsive gambling treatment. The assessment must be conducted by an assessor 328.33qualified either under section 245.98, subdivision 2a Minnesota Rules, part 9585.0040, 328.34subpart 1, item C, or qualifications determined to be equivalent by the commissioner, to 329.1perform these assessments or to provide compulsive gambling treatment. An assessor 329.2providing a compulsive gambling assessment may not have any direct or shared financial 329.3interest or referral relationship resulting in shared financial gain with a treatment provider. 329.4If an independent assessor is not available, the probation officer may use the services of an 329.5assessor with a financial interest or referral relationship as authorized under rules adopted 329.6by the commissioner of human services under section 
         245.98, subdivision 2a. 329.7    (c) The commissioner of human services shall reimburse the assessor for the 329.8costs associated with aeach compulsive gambling assessment at a rate established 329.9by the commissioner up to a maximum of $100 for each assessment. To the extent 329.10practicable, the commissioner shall standardize reimbursement rates for assessments. The 329.11commissioner shall reimburse these coststhe assessor after receiving written verification 329.12from the probation officer that the assessment was performed and found acceptable.329.13    Sec. 33. REPORT.329.14    The commissioner shall make a report to the legislature by January 15, 2008, 329.15regarding the transfer of funds to counties for state registered nurses employed in 329.16community mental health pilot projects as part of the assertive community treatment 329.17teams under Minnesota Statutes, section 245.4661. The report shall address the impact 329.18of the nursing shortage on replacing these positions, continuity of patient care if these 329.19positions cannot be filled, and ways to maintain state registered nurses in these positions 329.20until the nurse retires or leaves employment. No funds for state registered nurse positions 329.21referenced in this section may be transferred before the report date. This section does not 329.22apply to positions vacated by routine attrition.329.23    Sec. 34. CASE MANAGEMENT; BEST PRACTICES.329.24    The commissioner of human services, in consultation with consumers, families, 329.25counties, and other interested stakeholders, will develop recommendations for changes in 329.26the adult mental health act related to case management, consistent with evidence-based 329.27and best practices.329.28    Sec. 35. REGIONAL CHILDREN'S MENTAL HEALTH INITIATIVE.329.29    Subdivision 1.Pilot project authorized; purpose.A two-year Regional Children's 329.30Mental Health Initiative pilot project is established to improve children's mental health 329.31service coordination, communication, and processes in Blue Earth, Brown, Faribault, 329.32Freeborn, Le Sueur, Martin, Nicollet, Rice, Sibley, Waseca, and Watonwan Counties. The 330.1purpose of the Regional Children's Mental Health Initiative will be to plan and develop 330.2new programs and services related to children's mental health in south central Minnesota.330.3    Subd. 2.Goals.To accomplish its purpose, the Regional Children's Mental Health 330.4Initiative shall have the following goals:330.5    (1) work to streamline delivery and regional access to services;330.6    (2) share strategies and resources for the management of out-of-home placements;330.7    (3) establish standard protocols and operating procedures for functions that are 330.8performed across all counties;330.9    (4) share information to improve resource allocation and service delivery across 330.10counties;330.11    (5) evaluate outcomes of various treatment alternatives;330.12    (6) create a network for and provide support to service delivery groups;330.13    (7) establish a regional process to match children in need of out-of-home placement 330.14with foster homes that can meet their needs; and330.15    (8) recruit and retain foster homes.330.16    Subd. 3.Director's Council.The Director's Council shall govern the operations of 330.17the Regional Children's Mental Health Initiative. Members of the Director's Council shall 330.18represent each of the 11 counties participating in the pilot project.330.19    Subd. 4.Regional Children's Mental Health Initiative Team.The members 330.20of the Regional Children's Mental Health Initiative Team shall conduct planning and 330.21development of new and modified children's mental health programs and services in the 330.22region. Members of the team shall reflect the cultural, demographic, and geographic 330.23diversity of the region and shall be composed of representatives from each of the 330.24following:330.25    (1) the medical community;330.26    (2) human services;330.27    (3) corrections;330.28    (4) education;330.29    (5) mental health providers and vendors;330.30    (6) advocacy organizations;330.31    (7) parents; and330.32    (8) children and youth.330.33    Subd. 5.Authority.The regional children's mental health initiative shall have the 330.34authority to develop and implement the following programs:331.1    (1) Flexible funding payments. This program will make funds available to respond to 331.2the unique and unpredictable needs of children with mental health issues such as the need 331.3for prescription drugs, transportation, clothing, and assessments not otherwise available.331.4    (2) Transition to self-sufficiency. This program will help youths between the ages of 331.514 and 21 establish professional relationships, find jobs, build financial foundations, and 331.6learn to fulfill their roles as productive citizens.331.7    (3) Crisis response. This program will establish public and private partnerships 331.8to offer a range of options to meet the needs of children in crisis. Methods to meet 331.9these needs may include accessible local services, holistic assessments, urgent care and 331.10stabilization services, and telehealth for specialized diagnosis and therapeutic sessions.331.11    (4) Integrated services for complex conditions. This program will design, develop, 331.12and implement packages of integrated services to meet the needs of children with specific, 331.13complex conditions.331.14    Subd. 6.Evaluation and report.The regional children's mental health initiative 331.15shall develop a method for evaluating the effectiveness of this pilot project focusing on 331.16identifiable goals and outcomes. An interim report on the pilot project's effectiveness 331.17shall be submitted to the house and senate finance committees having jurisdiction over 331.18mental health, the commissioner of human services, and the Minnesota Association of 331.19County Social Service Administrators no later than December 31, 2008. A final report 331.20is due no later than December 31, 2009.331.21    Sec. 36. MINNESOTA FAMILY INVESTMENT PROGRAM AND CHILDREN'S 331.22MENTAL HEALTH PILOT PROJECT.331.23    Subdivision 1.Pilot project authorized.The commissioner of human services 331.24shall fund a three-year pilot project to measure the effect of children's identified mental 331.25health needs, including social and emotional needs, on Minnesota family investment 331.26program (MFIP) participants' ability to obtain and retain employment. The project shall 331.27also measure the effect on work activity of MFIP participants' needs to address their 331.28children's identified mental health needs.331.29    Subd. 2.Provider and agency proposals.(a) Interested MFIP providers and 331.30agencies shall: 331.31    (1) submit proposals defining how they will identify participants whose children 331.32have mental health needs that hinder the employment process; 331.33    (2) connect families with appropriate developmental, social, and emotional 331.34screenings and services; and 331.35    (3) incorporate those services into the participant's employment plan.332.1Each proposal under this paragraph must include an evaluation component.332.2    (b) Interested MFIP providers and agencies shall develop a protocol to inform MFIP 332.3participants of the following: 332.4    (1) the availability of developmental, social, and emotional screening tools for 332.5children and youth; 332.6    (2) the purpose of the screenings; 332.7    (3) how the information will be used to assist the participants in identifying and 332.8addressing potential barriers to employment; and 332.9    (4) that their employment plan may be modified based on the screening results.332.10    Subd. 3.Program components.(a) MFIP providers shall obtain the participant's 332.11written consent for participation in the pilot project, including consent for developmental, 332.12social, and emotional screening.332.13    (b) MFIP providers shall coordinate with county social service agencies and health 332.14plans to assist recipients in arranging referrals indicated by the screening results.332.15    (c) Tools used for developmental, social, and emotional screenings shall be approved 332.16by the commissioner of human services.332.17    Subd. 4.Program evaluation.The commissioner of human services shall conduct 332.18an evaluation of the pilot project to determine:332.19    (1) the number of participants who took part in the screening;332.20    (2) the number of children who were screened and what screening tools were used;332.21    (3) the number of children who were identified in the screening who needed referral 332.22or follow-up services;332.23    (4) the number of children who received services, what agency provided the services, 332.24and what type of services were provided;332.25    (5) the number of employment plans that were adjusted to include the activities 332.26recommended in the screenings;332.27    (6) the changes in work participation rates;332.28    (7) the changes in earned income;332.29    (8) the changes in sanction rates; and332.30    (9) the participants' report of program effectiveness.332.31    Subd. 5.Work activity.Participant involvement in screenings and subsequent 332.32referral and follow-up services shall count as work activity under Minnesota Statutes, 332.33section 256J.49, subdivision 13.332.34    Subd. 6.Evaluation.Of the amounts appropriated, the commissioner may use up 332.35to $100,000 for evaluation of this pilot.333.1    Sec. 37. SOCIAL AND ECONOMIC COSTS OF GAMBLING.333.2    Subdivision 1.Report.The commissioner of human services, in consultation with 333.3the state affiliate of the National Council on Problem Gambling, stakeholders, and licensed 333.4vendors, shall prepare a report that provides a process and funding mechanism to study the 333.5issues in subdivisions 2 and 3. The commissioner, in consultation with the state affiliate 333.6of the National Council on Problem Gambling, stakeholders, and licensed vendors, shall 333.7include in the report potential financial commitments made by stakeholders and others in 333.8order to fund the study. The report is due to the legislative committees having jurisdiction 333.9over compulsive gambling issues by December 1, 2007. 333.10    Subd. 2.Issues to be addressed.The study must address:333.11    (1) state, local, and tribal government policies and practices in Minnesota to legalize 333.12or prohibit gambling;333.13    (2) the relationship between gambling and crime in Minnesota, including: (i) the 333.14relationship between gambling and overall crime rates; (ii) the relationship between 333.15gambling and crimes rates for specific crimes, such as forgery, domestic abuse, child 333.16neglect and abuse, alcohol and drug offenses, and youth crime; and (iii) enforcement 333.17and regulation practices that are intended to address the relationship between gambling 333.18and levels of crime;333.19    (3) the relationship between expanded gambling and increased rates of problem 333.20gambling in Minnesota, including the impact of pathological or problem gambling on 333.21individuals, families, businesses, social institutions, and the economy;333.22    (4) the social impact of gambling on individuals, families, businesses, and social 333.23institutions in Minnesota, including an analysis of the relationship between gambling and 333.24depression, abuse, divorce, homelessness, suicide, and bankruptcy;333.25    (5) the economic impact of gambling on state, local, and tribal economies in 333.26Minnesota; and333.27    (6) any other issues deemed necessary in assessing the social and economic impact 333.28of gambling in Minnesota.333.29    Subd. 3.Quantification of social and economic impact.The study shall quantify 333.30the social and economic impact on both (1) state, local, and tribal governments in 333.31Minnesota, and (2) Minnesota's communities and social institutions, including individuals, 333.32families, and businesses within those communities and institutions.333.33    Sec. 38. REVISOR'S INSTRUCTION.333.34    (a) The revisor of statutes shall change the references to sections "245.487 to 333.35245.4887" wherever it appears in statutes or rules to sections "245.487 to 245.4889."334.1    (b) The revisor of statutes shall correct all internal references that are necessary 334.2from the relettering in section 20.334.3    Sec. 39.  REPEALER.334.4Minnesota Rules, part 9585.0030, is repealed.334.5ARTICLE 9334.6DEPARTMENT OF HEALTH POLICY334.7    Section 1. Minnesota Statutes 2006, section 62J.17, subdivision 2, is amended to read:334.8    Subd. 2. Definitions. For purposes of this section, the terms defined in this 334.9subdivision have the meanings given.334.10    (a) "Access" means the financial, temporal, and geographic availability of health 334.11care to individuals who need it.334.12    (b)(a) "Capital expenditure" means an expenditure which, under generally accepted 334.13accounting principles, is not properly chargeable as an expense of operation and 334.14maintenance.334.15    (c) "Cost" means the amount paid by consumers or third party payers for health 334.16care services or products.334.17    (d) "Date of the major spending commitment" means the date the provider formally 334.18obligated itself to the major spending commitment. The obligation may be incurred 334.19by entering into a contract, making a down payment, issuing bonds or entering a loan 334.20agreement to provide financing for the major spending commitment, or taking some other 334.21formal, tangible action evidencing the provider's intention to make the major spending 334.22commitment.334.23    (e)(b) "Health care service" means:334.24    (1) a service or item that would be covered by the medical assistance program 334.25under chapter 256B if provided in accordance with medical assistance requirements to an 334.26eligible medical assistance recipient; and334.27    (2) a service or item that would be covered by medical assistance except that it is 334.28characterized as experimental, cosmetic, or voluntary.334.29    "Health care service" does not include retail, over-the-counter sales of 334.30nonprescription drugs and other retail sales of health-related products that are not generally 334.31paid for by medical assistance and other third-party coverage.334.32    (f)(c) "Major spending commitment" means an expenditure in excess of $1,000,000 334.33for:334.34    (1) acquisition of a unit of medical equipment;335.1    (2) a capital expenditure for a single project for the purposes of providing health 335.2care services, other than for the acquisition of medical equipment;335.3    (3) offering a new specialized service not offered before;335.4    (4) planning for an activity that would qualify as a major spending commitment 335.5under this paragraph; or335.6    (5) a project involving a combination of two or more of the activities in clauses 335.7(1) to (4).335.8    The cost of acquisition of medical equipment, and the amount of a capital 335.9expenditure, is the total cost to the provider regardless of whether the cost is distributed 335.10over time through a lease arrangement or other financing or payment mechanism.335.11    (g)(d) "Medical equipment" means fixed and movable equipment that is used by 335.12a provider in the provision of a health care service. "Medical equipment" includes, but 335.13is not limited to, the following:335.14    (1) an extracorporeal shock wave lithotripter;335.15    (2) a computerized axial tomography (CAT) scanner;335.16    (3) a magnetic resonance imaging (MRI) unit;335.17    (4) a positron emission tomography (PET) scanner; and335.18    (5) emergency and nonemergency medical transportation equipment and vehicles.335.19    (h)(e) "New specialized service" means a specialized health care procedure or 335.20treatment regimen offered by a provider that was not previously offered by the provider, 335.21including, but not limited to:335.22    (1) cardiac catheterization services involving high-risk patients as defined in the 335.23Guidelines for Coronary Angiography established by the American Heart Association 335.24and the American College of Cardiology;335.25    (2) heart, heart-lung, liver, kidney, bowel, or pancreas transplantation service, or 335.26any other service for transplantation of any other organ;335.27    (3) megavoltage radiation therapy;335.28    (4) open heart surgery;335.29    (5) neonatal intensive care services; and335.30    (6) any new medical technology for which premarket approval has been granted by 335.31the United States Food and Drug Administration, excluding implantable and wearable 335.32devices.335.33    (f) "Specialty care" includes but is not limited to cardiac, neurology, orthopedic, 335.34obstetrics, mental health, chemical dependency, and emergency services.335.35    Sec. 2. Minnesota Statutes 2006, section 62J.17, subdivision 4a, is amended to read:336.1    Subd. 4a. Expenditure reporting.(a) A provider making a major spending 336.2commitment after April 1, 1992, shall submit notification of the expenditure to the 336.3commissioner and provide the commissioner with any relevant background information.336.4    (b) Notification must include a report, submitted within 60 days after the date of the 336.5major spending commitment, using terms conforming to the definitions in section 62J.03336.6and this section. Each report is subject to retrospective review and must contain: 336.7    (1) a detailed description of the major spending commitment, including the specific 336.8dollar amount of each expenditure, and its purpose;336.9    (2) the date of the major spending commitment;336.10    (3) a statement of the expected impact that the major spending commitment will 336.11have on charges by the provider to patients and third party payers;336.12    (4) a statement of the expected impact on the clinical effectiveness or quality of care 336.13received by the patients that the provider expects to serve;336.14    (5) a statement of the extent to which equivalent services or technology are already 336.15available to the provider's actual and potential patient population;336.16    (6) a statement of the distance from which the nearest equivalent services or 336.17technology are already available to the provider's actual and potential population;336.18    (7) a statement describing the pursuit of any lawful collaborative arrangements; and336.19    (8) a statement of assurance that the provider will not use, purchase, or perform 336.20health care technologies and procedures that are not clinically effective and cost-effective, 336.21unless the technology is used for experimental or research purposes to determine whether 336.22a technology or procedure is clinically effective and cost-effective.336.23    The provider may submit any additional information that it deems relevant.336.24    (c) The commissioner may request additional information from a provider for the 336.25purpose of review of a report submitted by that provider, and may consider relevant 336.26information from other sources. A provider shall provide any information requested by 336.27the commissioner within the time period stated in the request, or within 30 days after the 336.28date of the request if the request does not state a time.336.29    (d) If the provider fails to submit a complete and timely expenditure report, including 336.30any additional information requested by the commissioner, the commissioner may make 336.31the provider's subsequent major spending commitments subject to the procedures of 336.32prospective review and approval under subdivision 6a.336.33    Each hospital, outpatient surgical center, diagnostic imaging center, and physician 336.34clinic shall report annually to the commissioner on all major spending commitments, 336.35in the form and manner specified by the commissioner. The report shall include the 336.36following information:337.1    (a) a description of major spending commitments made during the previous year, 337.2including the total dollar amount of major spending commitments and purpose of the 337.3expenditures;337.4    (b) the cost of land acquisition, construction of new facilities, and renovation of 337.5existing facilities;337.6    (c) the cost of purchased or leased medical equipment, by type of equipment;337.7    (d) expenditures by type for specialty care and new specialized services;337.8    (e) information on the amount and types of added capacity for diagnostic imaging 337.9services, outpatient surgical services, and new specialized services; and337.10    (f) information on investments in electronic medical records systems.337.11For hospitals and outpatient surgical centers, this information shall be included in reports 337.12to the commissioner that are required under section 144.698. For diagnostic imaging 337.13centers, this information shall be included in reports to the commissioner that are required 337.14under section 144.565. For physician clinics, this information shall be included in reports 337.15to the commissioner that are required under section 62J.41. For all other health care 337.16providers that are subject to this reporting requirement, reports must be submitted to the 337.17commissioner by March 1 each year for the preceding calendar year.337.18    Sec. 3. Minnesota Statutes 2006, section 62J.17, subdivision 6a, is amended to read:337.19    Subd. 6a. Prospective review and approval. (a) No health care provider subject 337.20to prospective review under this subdivision shall make a major spending commitment 337.21unless:337.22    (1) the provider has filed an application with the commissioner to proceed with the 337.23major spending commitment and has provided all supporting documentation and evidence 337.24requested by the commissioner; and337.25    (2) the commissioner determines, based upon this documentation and evidence, that 337.26the major spending commitment is appropriate under the criteria provided in subdivision 337.275a in light of the alternatives available to the provider.337.28    (b) A provider subject to prospective review and approval shall submit an 337.29application to the commissioner before proceeding with any major spending commitment. 337.30The application must address each item listed in subdivision 4a, paragraph (a), and must 337.31also include documentation to support the response to each item. The provider may 337.32submit information, with supporting documentation, regarding why the major spending 337.33commitment should be excepted from prospective review under subdivision 7. The 337.34submission may be made either in addition to or instead of the submission of information 337.35relating to the items listed in subdivision 4a, paragraph (a).338.1    (c) The commissioner shall determine, based upon the information submitted, 338.2whether the major spending commitment is appropriate under the criteria provided 338.3in subdivision 5a, or whether it should be excepted from prospective review under 338.4subdivision 7. In making this determination, the commissioner may also consider relevant 338.5information from other sources. At the request of the commissioner, the health technology 338.6advisory committee shall convene an expert review panel made up of persons with 338.7knowledge and expertise regarding medical equipment, specialized services, health care 338.8expenditures, and capital expenditures to review applications and make recommendations 338.9to the commissioner. The commissioner shall make a decision on the application within 338.1060 days after an application is received.338.11    (d) The commissioner of health has the authority to issue fines, seek injunctions, and 338.12pursue other remedies as provided by law.338.13    Sec. 4. Minnesota Statutes 2006, section 62J.17, subdivision 7, is amended to read:338.14    Subd. 7. Exceptions. (a) The retrospective review process as described in 338.15subdivision 5a and the prospective review and approval process as described in subdivision 338.166a reporting requirement in subdivision 4adodoes not apply to:338.17    (1) a major spending commitment to replace existing equipment with comparable 338.18equipment used for direct patient care, upgrades of equipment beyond the current model, 338.19or comparable model must be reported;338.20    (2) (1) a major spending commitment made by a research and teaching institution 338.21for purposes of conducting medical education, medical research supported or sponsored 338.22by a medical school, or by a federal or foundation grant or clinical trials;338.23    (3) a major spending commitment to repair, remodel, or replace existing buildings or 338.24fixtures if, in the judgment of the commissioner, the project does not involve a substantial 338.25expansion of service capacity or a substantial change in the nature of health care services 338.26provided;338.27    (4) (2) a major spending commitment for building maintenance including heating, 338.28water, electricity, and other maintenance-related expenditures; and338.29    (5) (3) a major spending commitment for activities, not directly related to the 338.30delivery of patient care services, including food service, laundry, housekeeping, and 338.31other service-related activities; and.338.32    (6) a major spending commitment for computer equipment or data systems not 338.33directly related to the delivery of patient care services, including computer equipment or 338.34data systems related to medical record automation.339.1    (b) In addition to the exceptions listed in paragraph (a), the prospective review and 339.2approval process described in subdivision 6a reporting requirement in subdivision 4a does 339.3not apply to mergers, acquisitions, and other changes in ownership or control that, in the 339.4judgment of the commissioner, do not involve a substantial expansion of service capacity 339.5or a substantial change in the nature of health care services provided.339.6    Sec. 5. Minnesota Statutes 2006, section 62J.41, subdivision 1, is amended to read:339.7    Subdivision 1. Cost containment data to be collected from providers. The 339.8commissioner shall require health care providers to collect and provide both patient 339.9specific information and descriptive and financial aggregate data on:339.10    (1) the total number of patients served;339.11    (2) the total number of patients served by state of residence and Minnesota county;339.12    (3) the site or sites where the health care provider provides services;339.13    (4) the number of individuals employed, by type of employee, by the health care 339.14provider;339.15    (5) the services and their costs for which no payment was received;339.16    (6) total revenue by type of payer or by groups of payers, including but not limited 339.17to, revenue from Medicare, medical assistance, MinnesotaCare, nonprofit health service 339.18plan corporations, commercial insurers, health maintenance organizations, and individual 339.19patients;339.20    (7) revenue from research activities;339.21    (8) revenue from educational activities;339.22    (9) revenue from out-of-pocket payments by patients;339.23    (10) revenue from donations; and339.24    (11) a report on health care capital expenditures during the previous year, as required 339.25by section 62J.17; and339.26    (11) (12) any other data required by the commissioner, including data in 339.27unaggregated form, for the purposes of developing spending estimates, setting spending 339.28limits, monitoring actual spending, and monitoring costs.339.29The commissioner may, by rule, modify the data submission categories listed above if the 339.30commissioner determines that this will reduce the reporting burden on providers without 339.31having a significant negative effect on necessary data collection efforts.339.32    Sec. 6. Minnesota Statutes 2006, section 62J.52, subdivision 1, is amended to read:339.33    Subdivision 1. Uniform billing form CMS 1450. (a) On and after January 1, 339.341996, all institutional inpatient hospital services, ancillary services, institutionally owned 340.1or operated outpatient services rendered by providers in Minnesota, and institutional 340.2or noninstitutional home health services that are not being billed using an equivalent 340.3electronic billing format, must be billed using the uniform billing form CMS 1450, except 340.4as provided in subdivision 5.340.5    (b) The instructions and definitions for the use of the uniform billing form CMS 340.61450 shall be in accordance with the uniform billing form manual specified by the 340.7commissioner. In promulgating these instructions, the commissioner may utilize the 340.8manual developed by the National Uniform Billing Committee, as adopted and finalized 340.9by the Minnesota Uniform Billing Committee.340.10    (c) Services to be billed using the uniform billing form CMS 1450 include: 340.11institutional inpatient hospital services and distinct units in the hospital such as psychiatric 340.12unit services, physical therapy unit services, swing bed (SNF) services, inpatient state 340.13psychiatric hospital services, inpatient skilled nursing facility services, home health 340.14services (Medicare part A), and hospice services; ancillary services, where benefits are 340.15exhausted or patient has no Medicare part A, from hospitals, state psychiatric hospitals, 340.16skilled nursing facilities, and home health (Medicare part B); institutional owned or 340.17operated outpatient services such as waivered services, hospital outpatient services, 340.18including ambulatory surgical center services, hospital referred laboratory services, 340.19hospital-based ambulance services, and other hospital outpatient services, skilled nursing 340.20facilities, home health, freestanding renal dialysis centers, comprehensive outpatient 340.21rehabilitation facilities (CORF), outpatient rehabilitation facilities (ORF), rural health 340.22clinics, and community mental health centers; home health services such as home health 340.23intravenous therapy providers, waivered services, personal care attendants, and hospice; 340.24and any other health care provider certified by the Medicare program to use this form.340.25    (d) On and after January 1, 1996, a mother and newborn child must be billed 340.26separately, and must not be combined on one claim form.340.27    (e) Services provided by Medicare Critical Access Hospitals electing Method 340.28II billing will be allowed an exception to this provision to allow the inclusion of the 340.29professional fees on the CMS 1450.340.30    Sec. 7. Minnesota Statutes 2006, section 62J.52, subdivision 2, is amended to read:340.31    Subd. 2. Uniform billing form CMS 1500. (a) On and after January 1, 1996, all 340.32noninstitutional health care services rendered by providers in Minnesota except dental 340.33or pharmacy providers, that are not currently being billed using an equivalent electronic 340.34billing format, must be billed using the health insurance claim form CMS 1500, except as 340.35provided in subdivision 5.341.1    (b) The instructions and definitions for the use of the uniform billing form CMS 341.21500 shall be in accordance with the manual developed by the Administrative Uniformity 341.3Committee entitled standards for the use of the CMS 1500 form, dated February 1994, 341.4as further defined by the commissioner.341.5    (c) Services to be billed using the uniform billing form CMS 1500 include physician 341.6services and supplies, durable medical equipment, noninstitutional ambulance services, 341.7independent ancillary services including occupational therapy, physical therapy, speech 341.8therapy and audiology, home infusion therapy, podiatry services, optometry services, 341.9mental health licensed professional services, substance abuse licensed professional 341.10services, nursing practitioner professional services, certified registered nurse anesthetists, 341.11chiropractors, physician assistants, laboratories, medical suppliers, and other health care 341.12providers such as day activity centers and freestanding ambulatory surgical centers.341.13    (d) Services provided by Medicare Critical Access Hospitals electing Method 341.14II billing will be allowed an exception to this provision to allow the inclusion of the 341.15professional fees on the CMS 1450.341.16    Sec. 8. Minnesota Statutes 2006, section 62J.60, subdivision 2, is amended to read:341.17    Subd. 2. General characteristics. (a) The Minnesota uniform health care 341.18identification card must be a preprinted card constructed of plastic, paper, or any other 341.19medium that conforms with ANSI and ISO 7810 physical characteristics standards. The 341.20card dimensions must also conform to ANSI and ISO 7810 physical characteristics 341.21standard. The use of a signature panel is optional. The uniform prescription drug 341.22information contained on the card must conform with the format adopted by the NCPDP 341.23and, except as provided in subdivision 3, paragraph (a), clause (2), must include all of 341.24the fields required to submit a claim in conformance with the most recent pharmacy 341.25identification card implementation guide produced by the NCPDP. All information 341.26required to submit a prescription drug claim, exclusive of information provided on a 341.27prescription that is required by law, must be included on the card in a clear, readable, and 341.28understandable manner. If a health benefit plan requires a conditional or situational field, 341.29as defined by the NCPDP, the conditional or situational field must conform to the most 341.30recent pharmacy information card implementation guide produced by the NCPDP.341.31    (b) The Minnesota uniform health care identification card must have an essential 341.32information window on the front side with the following data elements: card issuer name, 341.33electronic transaction routing information, card issuer identification number, cardholder 341.34(insured) identification number, and cardholder (insured) identification name. No optional 341.35data may be interspersed between these data elements. 342.1    (c) Standardized labels are required next to human readable data elements and 342.2must come before the human data elements.342.3    Sec. 9. Minnesota Statutes 2006, section 62J.60, subdivision 3, is amended to read:342.4    Subd. 3. Human readable data elements. (a) The following are the minimum 342.5human readable data elements that must be present on the front side of the Minnesota 342.6uniform health care identification card:342.7    (1) card issuer name or logo, which is the name or logo that identifies the card issuer. 342.8The card issuer name or logo may be located at the top of the card. No standard label 342.9is required for this data element;342.10    (2) complete electronic transaction routing information including, at a minimum, 342.11the international identification number. The standardized label of this data element 342.12is "RxBIN." Processor control numbers and group numbers are required if needed to 342.13electronically process a prescription drug claim. The standardized label for the process 342.14control numbers data element is "RxPCN" and the standardized label for the group 342.15numbers data element is "RxGrp," except that if the group number data element is a 342.16universal element to be used by all health care providers, the standardized label may be 342.17"Grp." To conserve vertical space on the card, the international identification number and 342.18the processor control number may be printed on the same line;342.19     (3) cardholder (insured) identification number, which is the unique identification 342.20number of the individual card holder established and defined under this section. The 342.21standardized label for the data element is "ID";342.22    (4) cardholder (insured) identification name, which is the name of the individual 342.23card holder. The identification name must be formatted as follows: first name, space, 342.24optional middle initial, space, last name, optional space and name suffix. The standardized 342.25label for this data element is "Name";342.26    (5) care type, which is the description of the group purchaser's plan product under 342.27which the beneficiary is covered. The description shall include the health plan company 342.28name and the plan or product name. The standardized label for this data element is 342.29"Care Type";342.30    (6) service type, which is the description of coverage provided such as hospital, 342.31dental, vision, prescription, or mental health. The standard label for this data element 342.32is "Svc Type"; and342.33    (7) provider/clinic name, which is the name of the primary care clinic the card 342.34holder is assigned to by the health plan company. The standard label for this field is 343.1"PCP." This information is mandatory only if the health plan company assigns a specific 343.2primary care provider to the card holder.343.3    (b) The following human readable data elements shall be present on the back side 343.4of the Minnesota uniform health care identification card. These elements must be left 343.5justified, and no optional data elements may be interspersed between them:343.6    (1) claims submission names and addresses, which are the names and addresses of 343.7the entity or entities to which claims should be submitted. If different destinations are 343.8required for different types of claims, this must be labeled;343.9    (2) telephone numbers and names that pharmacies and other health care providers 343.10may call for assistance. These telephone numbers and names are required on the back 343.11side of the card only if one of the contacts listed in clause (3) cannot provide pharmacies 343.12or other providers with assistance or with the telephone numbers and names of contacts 343.13for assistance; and343.14    (3) telephone numbers and names; which are the telephone numbers and names of the 343.15following contacts with a standardized label describing the service function as applicable:343.16    (i) eligibility and benefit information;343.17    (ii) utilization review;343.18    (iii) precertification; or343.19    (iv) customer services.343.20    (c) The following human readable data elements are mandatory on the back 343.21side of the Minnesota uniform health care identification card for health maintenance 343.22organizations:343.23    (1) emergency care authorization telephone number or instruction on how to receive 343.24authorization for emergency care. There is no standard label required for this information; 343.25and343.26    (2) one of the following:343.27    (i) telephone number to call to appeal to or file a complaint with the commissioner of 343.28health; or343.29    (ii) for persons enrolled under section 
         256B.69, 
         256D.03, or 
         256L.12, the telephone 343.30number to call to file a complaint with the ombudsperson designated by the commissioner 343.31of human services under section 
         256B.69 and the address to appeal to the commissioner of 343.32human services. There is no standard label required for this information. 343.33    (d) All human readable data elements not required under paragraphs (a) to (c) are 343.34optional and may be used at the issuer's discretion.343.35    Sec. 10. Minnesota Statutes 2006, section 62Q.80, subdivision 3, is amended to read:344.1    Subd. 3. Approval.  (a) Prior to the operation of a community-based health care 344.2coverage program, a community-based health initiative shall submit to the commissioner 344.3of health for approval the community-based health care coverage program developed by 344.4the initiative. The commissioner shall only approve a program that has been awarded 344.5a community access program grant from the United States Department of Health and 344.6Human Services. The commissioner shall ensure that the program meets the federal grant 344.7requirements and any requirements described in this section and is actuarially sound based 344.8on a review of appropriate records and methods utilized by the community-based health 344.9initiative in establishing premium rates for the community-based health care coverage 344.10program. 344.11    (b) Prior to approval, the commissioner shall also ensure that:344.12    (1) the benefits offered comply with subdivision 8 and that there are adequate 344.13numbers of health care providers participating in the community-based health network to 344.14deliver the benefits offered under the program;344.15    (2) the activities of the program are limited to activities that are exempt under this 344.16section or otherwise from regulation by the commissioner of commerce;344.17    (3) the complaint resolution process meets the requirements of subdivision 10; and 344.18    (4) the data privacy policies and procedures comply with state and federal law.344.19    Sec. 11. Minnesota Statutes 2006, section 62Q.80, subdivision 4, is amended to read:344.20    Subd. 4. Establishment. (a) The initiative shall establish and operate upon approval 344.21by the commissioner of health a community-based health care coverage program. The 344.22operational structure established by the initiative shall include, but is not limited to: 344.23    (1) establishing a process for enrolling eligible individuals and their dependents; 344.24    (2) collecting and coordinating premiums from enrollees and employers of enrollees;344.25    (3) providing payment to participating providers; 344.26    (4) establishing a benefit set according to subdivision 8 and establishing premium 344.27rates and cost-sharing requirements; 344.28    (5) creating incentives to encourage primary care and wellness services; and 344.29    (6) initiating disease management services, as appropriate. 344.30    (b) The payments collected under paragraph (a), clause (2), may be used to capture 344.31available federal funds.344.32    Sec. 12. Minnesota Statutes 2006, section 62Q.80, subdivision 13, is amended to read:345.1    Subd. 13. Report.  (a) The initiative shall submit quarterly status reports to the 345.2commissioner of health on January 15, April 15, July 15, and October 15 of each year, 345.3with the first report due January 15, 2007 2008. The status report shall include:345.4    (1) the financial status of the program, including the premium rates, cost per member 345.5per month, claims paid out, premiums received, and administrative expenses; 345.6    (2) a description of the health care benefits offered and the services utilized; 345.7    (3) the number of employers participating, the number of employees and dependents 345.8covered under the program, and the number of health care providers participating; 345.9    (4) a description of the health outcomes to be achieved by the program and a status 345.10report on the performance measurements to be used and collected; and 345.11    (5) any other information requested by the commissioner of health or commerce or 345.12the legislature. 345.13    (b) The initiative shall contract with an independent entity to conduct an evaluation 345.14of the program to be submitted to the commissioners of health and commerce and the 345.15legislature by January 15, 2009 2010. The evaluation shall include:345.16    (1) an analysis of the health outcomes established by the initiative and the 345.17performance measurements to determine whether the outcomes are being achieved;345.18    (2) an analysis of the financial status of the program, including the claims to 345.19premiums loss ratio and utilization and cost experience; 345.20    (3) the demographics of the enrollees, including their age, gender, family income, 345.21and the number of dependents; 345.22    (4) the number of employers and employees who have been denied access to the 345.23program and the basis for the denial; 345.24    (5) specific analysis on enrollees who have aggregate medical claims totaling over 345.25$5,000 per year, including data on the enrollee's main diagnosis and whether all the 345.26medical claims were covered by the program; 345.27    (6) number of enrollees referred to state public assistance programs; 345.28    (7) a comparison of employer-subsidized health coverage provided in a comparable 345.29geographic area to the designated community-based geographic area served by the 345.30program, including, to the extent available: 345.31    (i) the difference in the number of employers with 50 or fewer employees offering 345.32employer-subsidized health coverage; 345.33    (ii) the difference in uncompensated care being provided in each area; and345.34    (iii) a comparison of health care outcomes and measurements established by the 345.35initiative; and 345.36    (8) any other information requested by the commissioner of health or commerce.346.1    Sec. 13. Minnesota Statutes 2006, section 62Q.80, subdivision 14, is amended to read:346.2    Subd. 14. Sunset. This section expires December 31, 2011 2012.346.3    Sec. 14. Minnesota Statutes 2006, section 144.552, is amended to read:346.4144.552 PUBLIC INTEREST REVIEW.346.5    (a) The following entities must submit a plan to the commissioner:346.6    (1) a hospital seeking to increase its number of licensed beds; or346.7    (2) an organization seeking to obtain a hospital license  and notified by the 346.8commissioner under section 
         144.553, subdivision 1, paragraph (c), that it is subject 346.9to this section. 346.10The plan must include information that includes an explanation of how the expansion will 346.11meet the public's interest. When submitting a plan to the commissioner, an applicant 346.12shall pay the commissioner for the commissioner's cost of reviewing and monitoring the 346.13plan, as determined by the commissioner and notwithstanding section 
         16A.1283. Money 346.14received by the commissioner under this section is appropriated to the commissioner for 346.15the purpose of administering this section. 346.16    (b) Plans submitted under this section shall include detailed information necessary 346.17for the commissioner to review the plan and reach a finding. The commissioner may 346.18request additional information from the hospital submitting a plan under this section and 346.19from others affected by the plan that the commissioner deems necessary to review the 346.20plan and make a finding.346.21    (c) The commissioner shall review the plan and, within 90 days, but no more than 346.22six months if extenuating circumstances apply, issue a finding on whether the plan is in 346.23the public interest. In making the recommendation, the commissioner shall consider 346.24issues including but not limited to:346.25    (1) whether the new hospital or hospital beds are needed to provide timely access to 346.26care or access to new or improved services;346.27    (2) the financial impact of the new hospital or hospital beds on existing acute-care 346.28hospitals that have emergency departments in the region;346.29    (3) how the new hospital or hospital beds will affect the ability of existing hospitals 346.30in the region to maintain existing staff;346.31    (4) the extent to which the new hospital or hospital beds will provide services to 346.32nonpaying or low-income patients relative to the level of services provided to these groups 346.33by existing hospitals in the region; and346.34    (5) the views of affected parties.347.1    (d) If the plan is being submitted by an existing hospital seeking authority to 347.2construct a new hospital, the commissioner shall also consider:347.3    (1) the ability of the applicant to maintain the applicant's current level of community 347.4benefit as defined in section 144.699, subdivision 5, at the existing facility; and347.5    (2) the impact on the workforce at the existing facility including the applicant's 347.6plan for: 347.7    (i) transitioning current workers to the new facility;347.8    (ii) retraining and employment security for current workers; and347.9    (iii) addressing the impact of layoffs at the existing facility on affected workers.347.10    (e) Prior to making a recommendation, the commissioner shall conduct a public 347.11hearing in the affected hospital service area to take testimony from interested persons.347.12    (d) (f) Upon making a recommendation under paragraph (c), the commissioner shall 347.13provide a copy of the recommendation to the chairs of the house and senate committees 347.14having jurisdiction over health and human services policy and finance.347.15    (g) If an exception to the moratorium is approved under section 144.551 after a 347.16review under this section, the commissioner shall monitor the implementation of the 347.17exception up to completion of the construction project. Thirty days after completion of 347.18the construction project, the hospital shall submit to the commissioner a report on how 347.19the construction has met the provisions of the plan originally submitted under the public 347.20interest review process or a plan submitted pursuant to section 144.551, subdivision 1, 347.21paragraph (b), clause (20).347.22    Sec. 15. Minnesota Statutes 2006, section 144.553, subdivision 3, is amended to read:347.23    Subd. 3. Process when hospital need is determined. (a) If the commissioner 347.24determines that a new hospital is needed in the proposed service area, the commissioner 347.25shall notify the applicants of that finding and shall select the applicant determined under 347.26the process established in this subdivision to be best able to provide services consistent 347.27with the review criteria established in this subdivision.347.28    (b) The commissioner shall:347.29    (1) determine market-specific criteria that shall be used to evaluate all proposals. 347.30The criteria must include standards regarding:347.31    (i) access to care;347.32    (ii) quality of care;347.33    (iii) cost of care; and347.34    (iv) overall project feasibility;348.1    (2) establish additional criteria at the commissioner's discretion. In establishing the 348.2criteria, the commissioner shall consider the need for:348.3    (i) mental health services in the service area, including both inpatient and outpatient 348.4services for adults, adolescents, and children; 348.5    (ii) a significant commitment to providing uncompensated care, including discounts 348.6for uninsured patients and coordination with other providers of care to low-income 348.7uninsured persons; and 348.8    (iii) coordination with other hospitals so that specialized services are not 348.9unnecessarily duplicated and are provided in sufficient volume to ensure the maintenance 348.10of high-quality care; and348.11    (3) define a service area for the proposed hospital. The service area shall consist of:348.12    (i) in the 11-county metropolitan area, in St. Cloud, and in Duluth, the zip codes 348.13located within a 20-mile radius of the proposed new hospital location; and 348.14    (ii) in the remainder of the state, the zip codes within a 30-mile radius of the 348.15proposed new hospital location.348.16    (c) If the plan is being submitted by an existing hospital, the commissioner shall 348.17also consider:348.18    (1) the ability of the applicant to maintain the applicant's current level of community 348.19benefit as defined in section 144.699, subdivision 5, at the existing facility; and348.20    (2) the impact on the workforce at the existing facility including the applicant's 348.21plan for: 348.22    (i) transitioning current workers to the new facility;348.23    (ii) retraining and employment security for current workers; and348.24    (iii) addressing the impact of layoffs at the existing facility on affected workers.348.25    (d) The commissioner shall publish the criteria determined under paragraph348.26paragraphs  (b) and (c) in the State Register within 60 days of the determination under 348.27subdivision 2. Once published, the criteria shall not be modified with respect to the 348.28particular project and applicants to which they apply. The commissioner shall publish with 348.29the criteria guidelines for a proposal and submission review process.348.30    (d) (e) For 60 days after the publication under paragraph (c) (d), the commissioner 348.31shall accept proposals to construct a hospital from organizations that have submitted a 348.32letter of intent under subdivision 1, paragraph (a), or have notified the commissioner under 348.33subdivision 1, paragraph (b). The proposal must include a plan for the new hospital and 348.34evidence of compliance with the criteria specified under paragraph paragraphs (b) and (c). 348.35Once submitted, the proposal may not be revised except:348.36    (1) to submit corrections of material facts; or349.1    (2) in response to a request from the commissioner to provide clarification or 349.2further information. 349.3    (e) (f) The commissioner shall determine within 90 days of the deadline for 349.4applications under paragraph (d) (e), which applicant has demonstrated that it is best able 349.5to provide services consistent with the published criteria. The commissioner shall make 349.6this determination by order following a hearing according to this paragraph. The hearing 349.7shall not constitute or be considered to be a contested case hearing under chapter 14 and 349.8shall be conducted solely under the procedures specified in this paragraph. The hearing 349.9shall commence upon at least 30 days' notice to the applicants by the commissioner. 349.10The hearing may be conducted by the commissioner or by a person designated by the 349.11commissioner. The designee may be an administrative law judge. The purpose of the 349.12hearing shall be to receive evidence to assist the commissioner in determining which 349.13applicant has demonstrated that it best meets the published criteria.349.14    The parties to the hearing shall consist only of those applicants who have submitted 349.15a completed application. Each applicant shall have the right to be represented by 349.16counsel, to present evidence deemed relevant by the commissioner, and to examine and 349.17cross-examine witnesses. Persons who are not parties to the proceeding but who wish to 349.18present comments or submit information may do so in the manner determined by the 349.19commissioner or the commissioner's designee. Any person who is not a party shall have 349.20no right to examine or cross-examine witnesses. The commissioner may participate as an 349.21active finder of fact in the hearing and may ask questions to elicit information or clarify 349.22answers or responses.349.23    (f) (g) Prior to making a determination selecting an application, the commissioner 349.24shall hold a public hearing in the proposed hospital service area to accept comments from 349.25members of the public. The commissioner shall take this information into consideration in 349.26making the determination. The commissioner may shall appoint an advisory committee, 349.27including legislators and local elected officials who represent the service area and outside 349.28experts to assist in the recommendation process. The legislative appointees shall include, 349.29at a minimum, the chairs of the senate and house of representatives committees with 349.30jurisdiction over health care policy. The commissioner shall issue an order selecting an 349.31application following the closing of the record of the hearing as determined by the hearing 349.32officer. The commissioner's order shall include a statement of the reasons the selected 349.33application best meets the published criteria.349.34    (g) (h) Within 30 days following the determination under paragraph (e) (f), the 349.35commissioner shall recommend the selected proposal to the legislature.350.1    (i) If an exception to the moratorium is approved under section 144.551 after a 350.2review under this section, the commissioner shall monitor the implementation of the 350.3exception up to completion of the construction project. Thirty days after completion of 350.4the construction project, the hospital shall submit to the commissioner a report on how 350.5the construction has met the provisions of the plan originally submitted under the public 350.6interest review process or a plan submitted pursuant to section 144.551, subdivision 1, 350.7paragraph (b), clause (20).350.8    Sec. 16. Minnesota Statutes 2006, section 144.565, is amended to read:350.9144.565 DIAGNOSTIC IMAGING FACILITIES.350.10    Subdivision 1. Utilization and services data; economic and financial interests.350.11    The commissioner shall require diagnostic imaging facilities and providers of diagnostic 350.12imaging services in Minnesota to annually report by March 1 each year for the preceding 350.13fiscal year to the commissioner, in the form and manner specified by the commissioner:350.14    (1) utilization data for each health plan company and each public program, 350.15including workers' compensation, as follows: of diagnostic imaging services as defined 350.16in subdivision 4, paragraph (b);350.17    (i) the number of computerized tomography (CT) procedures performed;350.18    (ii) the number of magnetic resonance imaging (MRI) procedures performed; and350.19    (iii) the number of positron emission tomography (PET) procedures performed; and350.20    (2) the names of all physicians with any financial or economic interest excluding 350.21salaried physicians, unless the physicians' salary is adjusted for volume of service, and all 350.22other individuals with a ten percent or greater financial or economic interest in the facility.;350.23    (3) the location where procedures were performed;350.24    (4) the number of units of each type of fixed, portable, and mobile scanner used at 350.25each location;350.26    (5) the average number of hours per month each mobile scanner was operated at 350.27each location;350.28    (6) the number of hours per month each scanner was leased, if applicable;350.29    (7) the total number of diagnostic imaging procedures billed for by the provider at 350.30each location, by type of diagnostic imaging service as defined in subdivision 4, paragraph 350.31(b); and350.32    (8) a report on major health care capital expenditures during the previous year, as 350.33required by section 62J.17.350.34    Subd. 2. Commissioner's right to inspect records. If the report is not filed or 350.35the commissioner of health has reason to believe the report is incomplete or false, the 351.1commissioner shall have the right to inspect diagnostic imaging facility books, audits, 351.2and records.351.3    Subd. 3. Separate reports.For a diagnostic imaging facility that is not attached 351.4or not contiguous to a hospital or a hospital affiliate, the commissioner shall require 351.5the information in subdivision 1 be reported separately for each detached diagnostic 351.6imaging facility as part of the report required under section 144.702. If any entity owns 351.7more than one diagnostic imaging facility, that entity must report by individual facility. 351.8Reports must include only services that were billed by the provider of diagnostic imaging 351.9services submitting the report. If a diagnostic imaging facility leases capacity, technical 351.10services, or professional services to one or more other providers of diagnostic imaging 351.11services, each provider must submit a separate annual report to the commissioner for all 351.12diagnostic imaging services that it provided and billed. The owner of the leased capacity 351.13must provide a report listing the names and addresses of providers to whom the diagnostic 351.14imaging services and equipment were leased.351.15    Subd. 4. Definitions. For purposes of this section, the following terms have the 351.16meanings given:351.17    (a) "Diagnostic imaging facility" means a health care facility that providesis not 351.18a hospital or location licensed as a hospital which offers diagnostic imaging services 351.19through the use of ionizing radiation or other imaging technique including, but not limited 351.20to magnetic resonance imaging (MRI) or computerized tomography (CT) scan on a 351.21freestanding or mobile basis in Minnesota, regardless of whether the equipment used 351.22to provide the service is owned or leased. For the purposes of this section, diagnostic 351.23imaging facility includes, but is not limited to, facilities such as a physician's office, clinic, 351.24mobile transport vehicle, outpatient imaging center, or surgical center.351.25    (b) "Diagnostic imaging service" means the use of ionizing radiation or other 351.26imaging technique on a human patient including, but not limited to, magnetic resonance 351.27imaging (MRI) or computerized tomography (CT), positron emission tomography (PET), 351.28or single photon emission computerized tomography (SPECT) scans using fixed, portable, 351.29or mobile equipment.351.30    (b)(c) "Financial or economic interest" means a direct or indirect:351.31    (1) equity or debt security issued by an entity, including, but not limited to, shares of 351.32stock in a corporation, membership in a limited liability company, beneficial interest in 351.33a trust, units or other interests in a partnership, bonds, debentures, notes or other equity 351.34interests or debt instruments, or any contractual arrangements;351.35    (2) membership, proprietary interest, or co-ownership with an individual, group, or 351.36organization to which patients, clients, or customers are referred to; or352.1    (3) employer-employee or independent contractor relationship, including, but not 352.2limited to, those that may occur in a limited partnership, profit-sharing arrangement, or 352.3other similar arrangement with any facility to which patients are referred, including any 352.4compensation between a facility and a health care provider, the group practice of which 352.5the provider is a member or employee or a related party with respect to any of them.352.6    (c)(d) "Freestanding Fixed equipment" means a stationary diagnostic imaging 352.7facility that is not located within a: machine installed in a permanent location.352.8    (1) hospital;352.9    (2) location licensed as a hospital; or352.10    (3) physician's office or clinic where the professional practice of medicine by 352.11licensed physicians is the primary purpose and not the provision of ancillary services 352.12such as diagnostic imaging.352.13    (d)(e) "Mobile equipment" means a diagnostic imaging facility that is transported to 352.14various sites not including movement within a hospital or a physician's office or clinic352.15machine in a self-contained transport vehicle designed to be brought to a temporary offsite 352.16location to perform diagnostic imaging services.352.17    (f) "Portable equipment" means a diagnostic imaging machine designed to be 352.18temporarily transported within a permanent location to perform diagnostic imaging 352.19services.352.20    (g) "Provider of diagnostic imaging services" means a diagnostic imaging facility 352.21or an entity that offers and bills for diagnostic imaging services at a facility owned or 352.22leased by the entity.352.23    Subd. 5.Reports open to public inspection.All reports filed pursuant to this 352.24section shall be open to public inspection.352.25    Sec. 17. [144.585] METHICILLIN-RESISTANT STAPHYLOCOCCUS AUREUS 352.26CONTROL PROGRAMS.352.27    In order to improve the prevention of hospital-associated infections due 352.28to methicillin-resistant Staphylococcus aureus ("MRSA"), every hospital shall 352.29establish an MRSA control program that meets Minnesota Department of Health 352.30MRSA recommendations as published January 15, 2008. In developing the MRSA 352.31recommendations, the Department of Health shall consider the following infection control 352.32practices: 352.33    (1) identification of MRSA-colonized patients in all intensive care units, or other 352.34at-risk patients identified by the hospital; 353.1    (2) isolation of identified MRSA-colonized or MRSA-infected patients in an 353.2appropriate manner; 353.3    (3) adherence to hand hygiene requirements; and 353.4    (4) monitor trends in the incidence of MRSA in the hospital over time and modify 353.5interventions if MRSA infection rates do not decrease.353.6The Department of Health shall review the MRSA recommendations on an annual basis 353.7and revise the recommendations as necessary, in accordance with available scientific data.353.8    Sec. 18. Minnesota Statutes 2006, section 144.651, subdivision 9, is amended to read:353.9    Subd. 9. Information about treatment. Patients and residents shall be given by 353.10their physicians complete and current information concerning their diagnosis, treatment, 353.11alternatives, risks, and prognosis as required by the physician's legal duty to disclose. This 353.12information shall be in terms and language the patients or residents can reasonably be 353.13expected to understand. Patients and residents may be accompanied by a family member 353.14or other chosen representative, or both. This information shall include the likely medical 353.15or major psychological results of the treatment and its alternatives. In cases where it is 353.16medically inadvisable, as documented by the attending physician in a patient's or resident's 353.17medical record, the information shall be given to the patient's or resident's guardian or 353.18other person designated by the patient or resident as a representative. Individuals have the 353.19right to refuse this information.353.20    Every patient or resident suffering from any form of breast cancer shall be fully 353.21informed, prior to or at the time of admission and during her stay, of all alternative 353.22effective methods of treatment of which the treating physician is knowledgeable, including 353.23surgical, radiological, or chemotherapeutic treatments or combinations of treatments and 353.24the risks associated with each of those methods.353.25    Sec. 19. Minnesota Statutes 2006, section 144.651, subdivision 10, is amended to read:353.26    Subd. 10. Participation in planning treatment; notification of family members.353.27    (a) Patients and residents shall have the right to participate in the planning of their 353.28health care. This right includes the opportunity to discuss treatment and alternatives 353.29with individual caregivers, the opportunity to request and participate in formal care 353.30conferences, and the right to include a family member or other chosen representative, or 353.31both. In the event that the patient or resident cannot be present, a family member or other 353.32representative chosen by the patient or resident may be included in such conferences. A 353.33chosen representative may include a doula of the patient's choice.354.1    (b) If a patient or resident who enters a facility is unconscious or comatose or is 354.2unable to communicate, the facility shall make reasonable efforts as required under 354.3paragraph (c) to notify either a family member or a person designated in writing by the 354.4patient as the person to contact in an emergency that the patient or resident has been 354.5admitted to the facility. The facility shall allow the family member to participate in 354.6treatment planning, unless the facility knows or has reason to believe the patient or 354.7resident has an effective advance directive to the contrary or knows the patient or resident 354.8has specified in writing that they do not want a family member included in treatment 354.9planning. After notifying a family member but prior to allowing a family member to 354.10participate in treatment planning, the facility must make reasonable efforts, consistent 354.11with reasonable medical practice, to determine if the patient or resident has executed an 354.12advance directive relative to the patient or resident's health care decisions. For purposes of 354.13this paragraph, "reasonable efforts" include:354.14    (1) examining the personal effects of the patient or resident;354.15    (2) examining the medical records of the patient or resident in the possession 354.16of the facility;354.17    (3) inquiring of any emergency contact or family member contacted under this 354.18section whether the patient or resident has executed an advance directive and whether the 354.19patient or resident has a physician to whom the patient or resident normally goes for 354.20care; and354.21    (4) inquiring of the physician to whom the patient or resident normally goes for care, 354.22if known, whether the patient or resident has executed an advance directive. If a facility 354.23notifies a family member or designated emergency contact or allows a family member 354.24to participate in treatment planning in accordance with this paragraph, the facility is not 354.25liable to the patient or resident for damages on the grounds that the notification of the 354.26family member or emergency contact or the participation of the family member was 354.27improper or violated the patient's privacy rights.354.28    (c) In making reasonable efforts to notify a family member or designated emergency 354.29contact, the facility shall attempt to identify family members or a designated emergency 354.30contact by examining the personal effects of the patient or resident and the medical records 354.31of the patient or resident in the possession of the facility. If the facility is unable to notify 354.32a family member or designated emergency contact within 24 hours after the admission, 354.33the facility shall notify the county social service agency or local law enforcement agency 354.34that the patient or resident has been admitted and the facility has been unable to notify a 354.35family member or designated emergency contact. The county social service agency and 354.36local law enforcement agency shall assist the facility in identifying and notifying a family 355.1member or designated emergency contact. A county social service agency or local law 355.2enforcement agency that assists a facility in implementing this subdivision is not liable 355.3to the patient or resident for damages on the grounds that the notification of the family 355.4member or emergency contact or the participation of the family member was improper or 355.5violated the patient's privacy rights.355.6    Sec. 20. Minnesota Statutes 2006, section 144.651, subdivision 26, is amended to read:355.7    Subd. 26. Right to associate.(a) Residents may meet with and receive visitors 355.8and participate in activities of commercial, religious, political, as defined in section 355.9203B.11
          and community groups without interference at their discretion if the activities 355.10do not infringe on the right to privacy of other residents or are not programmatically 355.11contraindicated. This includes:355.12    (1) the right to join with other individuals within and outside the facility to work for 355.13improvements in long-term care;355.14    (2) the right to visitation by an individual the patient has appointed as the patient's 355.15health care agent under chapter 145C;355.16    (3) the right to visitation and health care decision making by an individual designated 355.17by the patient under paragraph (c).355.18    (b) Upon admission to a facility where federal law prohibits unauthorized disclosure 355.19of patient or resident identifying information to callers and visitors, the patient or 355.20resident, or the legal guardian or conservator of the patient or resident, shall be given the 355.21opportunity to authorize disclosure of the patient's or resident's presence in the facility 355.22to callers and visitors who may seek to communicate with the patient or resident. To the 355.23extent possible, the legal guardian or conservator of a patient or resident shall consider the 355.24opinions of the patient or resident regarding the disclosure of the patient's or resident's 355.25presence in the facility. 355.26    (c) Upon admission to a facility, the patient or resident, or the legal guardian 355.27or conservator of the patient or resident, must be given the opportunity to designate 355.28a person who is not related who will have the status of the patient's next of kin with 355.29respect to visitation and making a health care decision. A designation must be included 355.30in the patient's health record. With respect to making a health care decision, a health 355.31care directive or appointment of a health care agent under chapter 145C prevails over a 355.32designation made under this paragraph. The unrelated person may also be identified as 355.33such by the patient or by the patient's family.356.1    Sec. 21. Minnesota Statutes 2006, section 144.699, is amended by adding a subdivision 356.2to read:356.3    Subd. 5.Annual reports on community benefit, community care amounts, and 356.4state program underfunding.(a) For each hospital reporting health care cost information 356.5under section 144.698 or 144.702, the commissioner shall report annually on the 356.6hospital's community benefit and community care, including detailed information on each 356.7component of those costs as defined in this subdivision. The information shall be reported 356.8in terms of total dollars and as a percentage of total operating costs for each hospital.356.9    (b) For purposes of this subdivision, "community benefit" means the costs of 356.10community care, underpayment for services provided under state health care programs, 356.11research costs, community health services costs, financial and in-kind contributions, costs 356.12of community building activities, costs of community benefit operations, education costs, 356.13and the cost of operating subsidized services. The cost of bad debts and underpayment for 356.14Medicare services are not included in the calculation of community benefit.356.15    (c) For purposes of this subdivision, "community care" means the costs for medical 356.16care that a hospital has determined is charity care as defined under Minnesota Rules, part 356.174650.0115, or for which the hospital determines after billing for the services that there is a 356.18demonstrated inability to pay. Any costs forgiven under a hospital's community care plan 356.19or under section 62J.83 may be counted in the hospital's calculation of community care. 356.20Bad debt expenses and discounted charges available to the uninsured shall not be included 356.21in the calculation of community care. The amount of community care is the value of costs 356.22incurred and not the charges made for services. 356.23    (d) For purposes of this subdivision, "underpayment for services provided under 356.24state health care programs" means the difference between hospital costs and public 356.25program payments.356.26    Sec. 22. Minnesota Statutes 2006, section 145C.05, is amended to read:356.27145C.05 SUGGESTED FORM; PROVISIONS THAT MAY BE INCLUDED.356.28    Subdivision 1. Content. A health care directive executed pursuant to this chapter 356.29may, but need not, be in the form contained in section 
         145C.16. 356.30    Subd. 2. Provisions that may be included. (a) A health care directive may include 356.31provisions consistent with this chapter, including, but not limited to:356.32    (1) the designation of one or more alternate health care agents to act if the named 356.33health care agent is not reasonably available to serve;357.1    (2) directions to joint health care agents regarding the process or standards by which 357.2the health care agents are to reach a health care decision for the principal, and a statement 357.3whether joint health care agents may act independently of one another;357.4    (3) limitations, if any, on the right of the health care agent or any alternate health 357.5care agents to receive, review, obtain copies of, and consent to the disclosure of the 357.6principal's medical records or to visit the principal when the principal is a patient in a 357.7health care facility;357.8    (4) limitations, if any, on the nomination of the health care agent as guardian for 357.9purposes of sections 
         524.5-202, 
         524.5-211, 
         524.5-302, and 
         524.5-303; 357.10    (5) a document of gift for the purpose of making an anatomical gift, as set forth in 357.11sections 
         525.921 to 
         525.9224, or an amendment to, revocation of, or refusal to make 357.12an anatomical gift; 357.13    (6) a declaration regarding intrusive mental health treatment under section 
         253B.03, 357.14subdivision 6d
         , or a statement that the health care agent is authorized to give consent for 357.15the principal under section 
         253B.04, subdivision 1a; 357.16    (7) a funeral directive as provided in section 
         149A.80, subdivision 2; 357.17    (8) limitations, if any, to the effect of dissolution or annulment of marriage or 357.18termination of domestic partnership on the appointment of a health care agent under 357.19section 
         145C.09, subdivision 2; 357.20    (9) specific reasons why a principal wants a health care provider or an employee 357.21of a health care provider attending the principal to be eligible to act as the principal's 357.22health care agent;357.23    (10) health care instructions by a woman of child bearing age regarding how she 357.24would like her pregnancy, if any, to affect health care decisions made on her behalf; and357.25    (11) health care instructions regarding artificially administered nutrition or hydration.357.26    (b) A health care directive may include a statement of the circumstances under 357.27which the directive becomes effective other than upon the judgment of the principal's 357.28attending physician in the following situations:357.29    (1) a principal who in good faith generally selects and depends upon spiritual means 357.30or prayer for the treatment or care of disease or remedial care and does not have an 357.31attending physician, may include a statement appointing an individual who may determine 357.32the principal's decision-making capacity; and357.33    (2) a principal who in good faith does not generally select a physician or a health 357.34care facility for the principal's health care needs may include a statement appointing an 357.35individual who may determine the principal's decision-making capacity, provided that if 357.36the need to determine the principal's capacity arises when the principal is receiving care 358.1under the direction of an attending physician in a health care facility, the determination 358.2must be made by an attending physician after consultation with the appointed individual.358.3    If a person appointed under clause (1) or (2) is not reasonably available and the 358.4principal is receiving care under the direction of an attending physician in a health care 358.5facility, an attending physician shall determine the principal's decision-making capacity.358.6    (c) A health care directive may authorize a health care agent to make health care 358.7decisions for a principal even though the principal retains decision-making capacity.358.8    Sec. 23. Minnesota Statutes 2006, section 145C.07, is amended by adding a 358.9subdivision to read:358.10    Subd. 5.Visitation.A health care agent may visit the principal when the 358.11principal is a patient in a health care facility regardless of whether the principal retains 358.12decision-making capacity, unless:358.13    (1) the principal has otherwise specified in the health care directive;358.14    (2) a principal who retains decision-making capacity indicates otherwise; or358.15    (3) a health care provider reasonably determines that the principal must be isolated 358.16from all visitors or that the presence of the health care agent would endanger the health or 358.17safety of the principal, other patients, or the facility in which the care is being provided.358.18    Sec. 24. Minnesota Statutes 2006, section 148.6445, subdivision 1, is amended to read:358.19    Subdivision 1. Initial licensure fee. The initial licensure fee for occupational 358.20therapists is $180 $145. The initial licensure fee for occupational therapy assistants is 358.21$100 $80. The commissioner shall prorate fees based on the number of quarters remaining 358.22in the biennial licensure period.358.23    Sec. 25. Minnesota Statutes 2006, section 148.6445, subdivision 2, is amended to read:358.24    Subd. 2. Licensure renewal fee. The biennial licensure renewal fee for 358.25occupational therapists is $180 $145. The biennial licensure renewal fee for occupational 358.26therapy assistants is $100 $80.358.27    Sec. 26. [148.785] FEES.358.28    The fees charged by the board are fixed at the following rates:358.29    (1) application fee for physical therapists and physical therapist assistants, $100;358.30    (2) annual licensure for physical therapists and physical therapist assistants, $60;358.31    (3) licensure renewal late fee, $20;358.32    (4) temporary permit, $25;359.1    (5) duplicate license or registration, $20;359.2    (6) certification letter, $25;359.3    (7) education or training program approval, $100;359.4    (8) report creation and generation, $60 per hour billed in quarter-hour increments 359.5with a quarter-hour minimum; and359.6    (9) examination administration:359.7    (i) half day, $50; and359.8    (ii) full day, $80.359.9    Sec. 27. [148.995] DEFINITIONS.359.10    Subdivision 1.Applicability.The definitions in this section apply to sections 359.11148.995 to 148.997.359.12    Subd. 2.Certified doula."Certified doula" means an individual who has received 359.13a certification to perform doula services from the International Childbirth Education 359.14Association, the Doulas of North America (DONA), the Association of Labor Assistants 359.15and Childbirth Educators (ALACE), Birthworks, Childbirth and Postpartum Professional 359.16Association (CAPPA), or Childbirth International.359.17    Subd. 3.Commissioner."Commissioner" means the commissioner of health.359.18    Subd. 4.Doula services."Doula services" means emotional and physical support 359.19during pregnancy, labor, birth, and postpartum.359.20EFFECTIVE DATE.This section is effective July 1, 2007.359.21    Sec. 28. [148.996] REGISTRY.359.22    Subdivision 1.Establishment.The commissioner of health shall maintain a registry 359.23of certified doulas who have met the requirements listed in subdivision 2.359.24    Subd. 2.Qualifications.The commissioner shall include on the registry any 359.25individual who:359.26    (1) submits an application on a form provided by the commissioner. The form must 359.27include the applicant's name, address, and contact information;359.28    (2) maintains a current certification from one of the organizations listed in section 359.29146B.01, subdivision 2; and359.30    (3) pays the fees required under section 148.997.359.31    Subd. 3.Criminal background check.The commissioner shall conduct a 359.32criminal background check by reviewing the Bureau of Criminal Apprehension's Web 359.33site. If the review indicates that an applicant has been engaged in criminal behavior, 360.1the commissioner shall indicate this on the registry and provide a link to the Bureau of 360.2Criminal Apprehension's Web site.360.3    Subd. 4.Renewal.Inclusion on the registry maintained by the commissioner is 360.4valid for three years. At the end of the three-year period, the certified doula may submit a 360.5new application to remain on the doula registry by meeting the requirements described in 360.6subdivision 2.360.7    Subd. 5.Public access.The commissioner shall provide a link to the registry 360.8on the Department of Health's Web site.360.9EFFECTIVE DATE.This section is effective July 1, 2007.360.10    Sec. 29. [148.997] FEES.360.11    Subdivision 1.Fees.(a) The application fee is $130.360.12    (b) The criminal background check fee is $6.360.13    Subd. 2.Nonrefundable fees.The fees in this section are nonrefundable.360.14EFFECTIVE DATE.This section is effective July 1, 2007.360.15    Sec. 30. Minnesota Statutes 2006, section 148B.53, subdivision 3, is amended to read:360.16    Subd. 3. Fee. Nonrefundable fees are as follows:360.17    (1) initial license application fee for licensed professional counseling (LPC) - $250360.18$150;360.19    (2) initial license fee for LPC - $250;360.20    (3) annual active license renewal fee for LPC - $200 $250 or equivalent;360.21    (3) (4) annual inactive license renewal fee for LPC - $100 $125;360.22    (5) initial license application fee for licensed professional clinical counseling 360.23(LPCC) - $150;360.24    (6) initial license fee for LPCC - $250;360.25    (7) annual active license renewal fee for LPCC - $250 or equivalent;360.26    (8) annual inactive license renewal fee for LPCC - $125;360.27    (4) (9) license renewal late fee - $100 per month or portion thereof;360.28    (5) (10) copy of board order or stipulation - $10;360.29    (6) (11) certificate of good standing or license verification - $10 $25;360.30    (7) (12) duplicate certificate fee - $10 $25;360.31    (8) (13) professional firm renewal fee - $25;360.32    (9) (14) sponsor application for approval of a continuing education course - $60;360.33    (15) initial registration fee - $50; and361.1    (10) (16) annual registration renewal fee - $25; and361.2    (17) approved supervisor application processing fee - $30.361.3    Sec. 31. Minnesota Statutes 2006, section 149A.52, subdivision 3, is amended to read:361.4    Subd. 3. Application procedure; documentation; initial inspection. An applicant 361.5for a license to operate a crematory shall submit to the commissioner a completed 361.6application. A completed application includes:361.7    (1) a completed application form, as provided by the commissioner;361.8    (2) proof of business form and ownership; and361.9    (3) proof of liability insurance coverage or other financial documentation, as 361.10determined by the commissioner, that demonstrates the applicant's ability to respond in 361.11damages for liability arising from the ownership, maintenance, management, or operation 361.12of a crematory.361.13    Upon receipt of the application and appropriate fee, the commissioner shall review 361.14and verify all information. Upon completion of the verification process and resolution 361.15of any deficiencies in the application information, the commissioner shall conduct an 361.16initial inspection of the premises to be licensed. After the inspection and resolution of 361.17any deficiencies found and any reinspections as may be necessary, the commissioner shall 361.18make a determination, based on all the information available, to grant or deny licensure. If 361.19the commissioner's determination is to grant the license, the applicant shall be notified and 361.20the license shall issue and remain valid for a period prescribed on the license, but not to 361.21exceed one calendar year from the date of issuance of the license. If the commissioner's 361.22determination is to deny the license, the commissioner must notify the applicant, in 361.23writing, of the denial and provide the specific reason for denial.361.24    Sec. 32. [149A.65] FEES.361.25    Subdivision 1.Generally.This section establishes the fees for registrations, 361.26examinations, initial and renewal licenses, and late fees authorized under the provisions 361.27of this chapter.361.28    Subd. 2.Mortuary science fees.Fees for mortuary science are:361.29    (1) $50 for the initial and renewal registration of a mortuary science intern;361.30    (2) $100 for the mortuary science examination;361.31    (3) $125 for issuance of initial and renewal mortuary science licenses;361.32    (4) $25 late fee charge for a license renewal; and361.33    (5) $200 for issuing a mortuary science license by endorsement.362.1    Subd. 3.Funeral directors.The license renewal fee for funeral directors is $125. 362.2The late fee charge for a license renewal is $25.362.3    Subd. 4.Funeral establishments.The initial and renewal fee for funeral 362.4establishments is $300. The late fee charge for a license renewal is $25.362.5    Subd. 5.Crematories.The initial and renewal fee for a crematory is $300. The 362.6late fee charge for a license renewal is $25.362.7    Sec. 33. Minnesota Statutes 2006, section 149A.97, subdivision 7, is amended to read:362.8    Subd. 7. Reports to commissioner. Every funeral provider lawfully doing business 362.9in Minnesota that accepts funds under subdivision 2 must make a complete annual report 362.10to the commissioner. The reports may be on forms provided by the commissioner or 362.11substantially similar forms containing, at least, identification and the state of each trust 362.12account, including all transactions involving principal and accrued interest, and must be 362.13filed by March 31 of the calendar year following the reporting year along with a filing 362.14fee of $15 $25 for each report. Fees shall be paid to the commissioner of finance, state of 362.15Minnesota, for deposit in the state government special revenue fund in the state treasury. 362.16Reports must be signed by an authorized representative of the funeral provider and 362.17notarized under oath. All reports to the commissioner shall be reviewed for account 362.18inaccuracies or possible violations of this section. If the commissioner has a reasonable 362.19belief to suspect that there are account irregularities or possible violations of this section, 362.20the commissioner shall report that belief, in a timely manner, to the state auditor. The 362.21commissioner shall also file an annual letter with the state auditor disclosing whether or 362.22not any irregularities or possible violations were detected in review of the annual trust 362.23fund reports filed by the funeral providers. This letter shall be filed with the state auditor 362.24by May 31 of the calendar year following the reporting year.362.25    Sec. 34. Minnesota Statutes 2006, section 157.16, subdivision 1, is amended to read:362.26    Subdivision 1. License required annually. A license is required annually for every 362.27person, firm, or corporation engaged in the business of conducting a food and beverage 362.28service establishment, hotel, motel, lodging establishment, or resort. Any person wishing 362.29to operate a place of business licensed in this section shall first make application, pay the 362.30required fee specified in this section, and receive approval for operation, including plan 362.31review approval. Seasonal and temporary food stands and special event food stands are 362.32not required to submit plans. Nonprofit organizations operating a special event food 362.33stand with multiple locations at an annual one-day event shall be issued only one license. 362.34Application shall be made on forms provided by the commissioner and shall require 363.1the applicant to state the full name and address of the owner of the building, structure, 363.2or enclosure, the lessee and manager of the food and beverage service establishment, 363.3hotel, motel, lodging establishment, or resort; the name under which the business is to 363.4be conducted; and any other information as may be required by the commissioner to 363.5complete the application for license.363.6    Sec. 35. INJUNCTIVE RELIEF REPORT.363.7    The commissioner of health shall present to the 2008 legislature, by December 15, 363.82007, recommendations to fund the cost of bringing actions for injunctive relief under 363.9Minnesota Statutes, section 144G.02, subdivision 2, paragraph (b).363.10    Sec. 36. HEARING AID DISPENSER FEES.363.11    Fees relating to hearing aid dispensers, as provided in Minnesota Statutes, section 363.12153A.17, may not be increased until after the Department of Health provides a report to 363.13the legislature regarding the need and reasons for fee increases.363.14    Sec. 37.  REPEALER.363.15Minnesota Rules, part 4610.2800, is repealed.363.16ARTICLE 10363.17DEPARTMENT OF HEALTH363.18    Section 1. Minnesota Statutes 2006, section 62Q.80, is amended by adding a 363.19subdivision to read:363.20    Subd. 1a.Demonstration project.The commissioner of health shall award a 363.21demonstration project grant to a community-based health care initiative to develop and 363.22operate a community-based health care coverage program to operate within Carlton, Cook, 363.23Lake, and St. Louis County. The demonstration project shall extend for five years and 363.24must comply with the requirements of this section.363.25    Sec. 2. [144.291] MINNESOTA HEALTH RECORDS ACT.363.26    Subdivision 1.Short title.Sections 144.291 to 144.298 may be cited as the 363.27Minnesota Health Records Act.363.28    Subd. 2.Definitions.For the purposes of sections 144.291 to 144.298, the following 363.29terms have the meanings given.363.30    (a) Group purchaser. "Group purchaser" has the meaning given in section 62J.03, 363.31subdivision 6.364.1    (b) Health information exchange. "Health information exchange" means a legal 364.2arrangement between health care providers and group purchasers to enable and oversee the 364.3business and legal issues involved in the electronic exchange of health records between 364.4the entities for the delivery of patient care.364.5    (c) Health record. "Health record" means any information, whether oral or recorded 364.6in any form or medium, that relates to the past, present, or future physical or mental health 364.7or condition of a patient; the provision of health care to a patient; or the past, present, or 364.8future payment for the provision of health care to a patient.364.9    (d) Identifying information. "Identifying information" means the patient's name, 364.10address, date of birth, gender, parent's or guardian's name regardless of the age of the 364.11patient, and other nonclinical data which can be used to uniquely identify a patient.364.12    (e) Individually identifiable form. "Individually identifiable form" means a form in 364.13which the patient is or can be identified as the subject of the health records.364.14    (f) Medical emergency. "Medical emergency" means medically necessary care 364.15which is immediately needed to preserve life, prevent serious impairment to bodily 364.16functions, organs, or parts, or prevent placing the physical or mental health of the patient 364.17in serious jeopardy.364.18    (g) Patient. "Patient" means a natural person who has received health care services 364.19from a provider for treatment or examination of a medical, psychiatric, or mental 364.20condition, the surviving spouse and parents of a deceased patient, or a person the patient 364.21appoints in writing as a representative, including a health care agent acting according to 364.22chapter 145C, unless the authority of the agent has been limited by the principal in the 364.23principal's health care directive. Except for minors who have received health care services 364.24under sections 144.341 to 144.347, in the case of a minor, patient includes a parent or 364.25guardian, or a person acting as a parent or guardian in the absence of a parent or guardian.364.26    (h) Provider. "Provider" means: 364.27    (1) any person who furnishes health care services and is regulated to furnish the 364.28services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 150A, 364.29151, 153, or 153A; 364.30    (2) a home care provider licensed under section 144A.46; 364.31    (3) a health care facility licensed under this chapter or chapter 144A; 364.32    (4) a physician assistant registered under chapter 147A; and 364.33    (5) an unlicensed mental health practitioner regulated under sections 148B.60 to 364.34148B.71.365.1    (i) Record locator service. "Record locator service" means an electronic index of 365.2patient identifying information that directs providers in a health information exchange to 365.3the location of patient health records held by providers and group purchasers.365.4    (j) Related health care entity. "Related health care entity" means an affiliate, as 365.5defined in section 144.6521, subdivision 3, paragraph (b), of the provider releasing the 365.6health records.365.7    Sec. 3. [144.292] PATIENT RIGHTS.365.8    Subdivision 1.Scope.Patients have the rights specified in this section regarding the 365.9treatment the patient receives and the patient's health record.365.10    Subd. 2.Patient access.Upon request, a provider shall supply to a patient complete 365.11and current information possessed by that provider concerning any diagnosis, treatment, 365.12and prognosis of the patient in terms and language the patient can reasonably be expected 365.13to understand.365.14    Subd. 3.Additional patient rights.A patient's right specified in this section and 365.15sections 144.293 to 144.298 are in addition to the rights specified in sections 144.651 and 365.16144.652 and any other provision of law relating to the access of a patient to the patient's 365.17health records.365.18    Subd. 4.Notice of rights; information on release.A provider shall provide to 365.19patients, in a clear and conspicuous manner, a written notice concerning practices and 365.20rights with respect to access to health records. The notice must include an explanation of:365.21    (1) disclosures of health records that may be made without the written consent of the 365.22patient, including the type of records and to whom the records may be disclosed; and365.23    (2) the right of the patient to have access to and obtain copies of the patient's health 365.24records and other information about the patient that is maintained by the provider.365.25    The notice requirements of this subdivision are satisfied if the notice is included with 365.26the notice and copy of the patient and resident bill of rights under section 144.652 or if it 365.27is displayed prominently in the provider's place of business. The commissioner of health 365.28shall develop the notice required in this subdivision and publish it in the State Register.365.29    Subd. 5.Copies of health records to patients.Except as provided in section 365.30144.296, upon a patient's written request, a provider, at a reasonable cost to the patient, 365.31shall promptly furnish to the patient:365.32    (1) copies of the patient's health record, including but not limited to laboratory 365.33reports, x-rays, prescriptions, and other technical information used in assessing the 365.34patient's health conditions; or365.35    (2) the pertinent portion of the record relating to a condition specified by the patient.366.1    With the consent of the patient, the provider may instead furnish only a summary 366.2of the record. The provider may exclude from the health record written speculations 366.3about the patient's health condition, except that all information necessary for the patient's 366.4informed consent must be provided.366.5    Subd. 6.Cost.(a) When a patient requests a copy of the patient's record for 366.6purposes of reviewing current medical care, the provider must not charge a fee.366.7    (b) When a provider or its representative makes copies of patient records upon a 366.8patient's request under this section, the provider or its representative may charge the 366.9patient or the patient's representative no more than 75 cents per page, plus $10 for time 366.10spent retrieving and copying the records, unless other law or a rule or contract provide for 366.11a lower maximum charge. This limitation does not apply to x-rays. The provider may 366.12charge a patient no more than the actual cost of reproducing x-rays, plus no more than 366.13$10 for the time spent retrieving and copying the x-rays.366.14    (c) The respective maximum charges of 75 cents per page and $10 for time provided 366.15in this subdivision are in effect for calendar year 1992 and may be adjusted annually each 366.16calendar year as provided in this subdivision. The permissible maximum charges shall 366.17change each year by an amount that reflects the change, as compared to the previous year, 366.18in the Consumer Price Index for all Urban Consumers, Minneapolis-St. Paul (CPI-U), 366.19published by the Department of Labor.366.20    (d) A provider or its representative must not charge a fee to provide copies of records 366.21requested by a patient or the patient's authorized representative if the request for copies 366.22of records is for purposes of appealing a denial of Social Security disability income or 366.23Social Security disability benefits under title II or title XVI of the Social Security Act. For 366.24the purpose of further appeals, a patient may receive no more than two medical record 366.25updates without charge, but only for medical record information previously not provided. 366.26For purposes of this paragraph, a patient's authorized representative does not include units 366.27of state government engaged in the adjudication of Social Security disability claims.366.28    Subd. 7.Withholding health records from patient.(a) If a provider, as defined in 366.29section 144.291, subdivision 2, paragraph (h), clause (1), reasonably determines that the 366.30information is detrimental to the physical or mental health of the patient, or is likely to 366.31cause the patient to inflict self harm, or to harm another, the provider may withhold the 366.32information from the patient and may supply the information to an appropriate third party 366.33or to another provider, as defined in section 144.291, subdivision 2, paragraph (h), clause 366.34(1). The other provider or third party may release the information to the patient.366.35    (b) A provider, as defined in section 144.291, subdivision 2, paragraph (h), clause 366.36(3), shall release information upon written request unless, prior to the request, a provider, 367.1as defined in section 144.291, subdivision 2, paragraph (h), clause (1), has designated and 367.2described a specific basis for withholding the information as authorized by paragraph (a).367.3    Subd. 8.Form.By January 1, 2008, the Department of Health must develop a form 367.4that may be used by a patient to request access to health records under this section. A form 367.5developed by the commissioner must be accepted by a provider as a legally enforceable 367.6request under this section.367.7    Sec. 4. [144.293] RELEASE OR DISCLOSURE OF HEALTH RECORDS.367.8    Subdivision 1.Release or disclosure of health records.Health records can be 367.9released or disclosed as specified in subdivisions 2 to 9 and sections 144.294 and 144.295.367.10    Subd. 2.Patient consent to release of records.A provider, or a person who 367.11receives health records from a provider, may not release a patient's health records to a 367.12person without:367.13    (1) a signed and dated consent from the patient or the patient's legally authorized 367.14representative authorizing the release; 367.15    (2) specific authorization in law; or367.16    (3) a representation from a provider that holds a signed and dated consent from the 367.17patient authorizing the release.367.18    Subd. 3.Release from one provider to another.A patient's health record, 367.19including, but not limited to, laboratory reports, x-rays, prescriptions, and other technical 367.20information used in assessing the patient's condition, or the pertinent portion of the record 367.21relating to a specific condition, or a summary of the record, shall promptly be furnished to 367.22another provider upon the written request of the patient. The written request shall specify 367.23the name of the provider to whom the health record is to be furnished. The provider who 367.24furnishes the health record or summary may retain a copy of the materials furnished. The 367.25patient shall be responsible for the reasonable costs of furnishing the information.367.26    Subd. 4.Duration of consent.Except as provided in this section, a consent is 367.27valid for one year or for a lesser period specified in the consent or for a different period 367.28provided by law.367.29    Subd. 5.Exceptions to consent requirement.This section does not prohibit the 367.30release of health records:367.31    (1) for a medical emergency when the provider is unable to obtain the patient's 367.32consent due to the patient's condition or the nature of the medical emergency;367.33    (2) to other providers within related health care entities when necessary for the 367.34current treatment of the patient; or368.1    (3) to a health care facility licensed by this chapter, chapter 144A, or to the same 368.2types of health care facilities licensed by this chapter and chapter 144A that are licensed 368.3in another state when a patient:368.4    (i) is returning to the health care facility and unable to provide consent; or368.5    (ii) who resides in the health care facility, has services provided by an outside 368.6resource under Code of Federal Regulations, title 42, section 483.75(h), and is unable 368.7to provide consent.368.8    Subd. 6.Consent does not expire.Notwithstanding subdivision 4, if a patient 368.9explicitly gives informed consent to the release of health records for the purposes and 368.10restrictions in clauses (1) and (2), the consent does not expire after one year for:368.11    (1) the release of health records to a provider who is being advised or consulted with 368.12in connection with the releasing provider's current treatment of the patient;368.13    (2) the release of health records to an accident and health insurer, health service plan 368.14corporation, health maintenance organization, or third-party administrator for purposes of 368.15payment of claims, fraud investigation, or quality of care review and studies, provided that:368.16    (i) the use or release of the records complies with sections 72A.49 to 72A.505;368.17    (ii) further use or release of the records in individually identifiable form to a person 368.18other than the patient without the patient's consent is prohibited; and368.19    (iii) the recipient establishes adequate safeguards to protect the records from 368.20unauthorized disclosure, including a procedure for removal or destruction of information 368.21that identifies the patient.368.22    Subd. 7.Exception to consent.Subdivision 2 does not apply to the release of health 368.23records to the commissioner of health or the Health Data Institute under chapter 62J, 368.24provided that the commissioner encrypts the patient identifier upon receipt of the data.368.25    Subd. 8.Record locator service.(a) A provider or group purchaser may release 368.26patient identifying information and information about the location of the patient's health 368.27records to a record locator service without consent from the patient, unless the patient 368.28has elected to be excluded from the service under paragraph (d). The Department of 368.29Health may not access the record locator service or receive data from the record locator 368.30service. Only a provider may have access to patient identifying information in a record 368.31locator service. Except in the case of a medical emergency, a provider participating in a 368.32health information exchange using a record locator service does not have access to patient 368.33identifying information and information about the location of the patient's health records 368.34unless the patient specifically consents to the access. A consent does not expire but may 368.35be revoked by the patient at any time by providing written notice of the revocation to the 368.36provider. 369.1    (b) A health information exchange maintaining a record locator service must 369.2maintain an audit log of providers accessing information in a record locator service that 369.3at least contains information on: 369.4    (1) the identity of the provider accessing the information; 369.5    (2) the identity of the patient whose information was accessed by the provider; and 369.6    (3) the date the information was accessed. 369.7    (c) No group purchaser may in any way require a provider to participate in a record 369.8locator service as a condition of payment or participation.369.9    (d) A provider or an entity operating a record locator service must provide 369.10a mechanism under which patients may exclude their identifying information and 369.11information about the location of their health records from a record locator service. At 369.12a minimum, a consent form that permits a provider to access a record locator service 369.13must include a conspicuous check-box option that allows a patient to exclude all of the 369.14patient's information from the record locator service. A provider participating in a health 369.15information exchange with a record locator service who receives a patient's request to 369.16exclude all of the patient's information from the record locator service or to have a specific 369.17provider contact excluded from the record locator service is responsible for removing that 369.18information from the record locator service.369.19    Subd. 9.Documentation of release.(a) In cases where a provider releases health 369.20records without patient consent as authorized by law, the release must be documented in 369.21the patient's health record. In the case of a release under section 144.294, subdivision 2, the 369.22documentation must include the date and circumstances under which the release was made, 369.23the person or agency to whom the release was made, and the records that were released.369.24    (b) When a health record is released using a representation from a provider that 369.25holds a consent from the patient, the releasing provider shall document: 369.26    (1) the provider requesting the health records; 369.27    (2) the identity of the patient;369.28    (3) the health records requested; and 369.29    (4) the date the health records were requested.369.30    Subd. 10.Warranties regarding consents, requests, and disclosures.(a) When 369.31requesting health records using consent, a person warrants that the consent:369.32    (1) contains no information known to the person to be false; and369.33    (2) accurately states the patient's desire to have health records disclosed or that there 369.34is specific authorization in law.369.35    (b) When requesting health records using consent, or a representation of holding a 369.36consent, a provider warrants that the request:370.1    (1) contains no information known to the provider to be false;370.2    (2) accurately states the patient's desire to have health records disclosed or that 370.3there is specific authorization in law; and370.4    (3) does not exceed any limits imposed by the patient in the consent.370.5    (c) When disclosing health records, a person releasing health records warrants that 370.6the person:370.7    (1) has complied with the requirements of this section regarding disclosure of 370.8health records;370.9    (2) knows of no information related to the request that is false; and370.10    (3) has complied with the limits set by the patient in the consent.370.11    Sec. 5. [144.294] RECORDS RELATING TO MENTAL HEALTH.370.12    Subdivision 1.Provider inquiry.Upon the written request of a spouse, parent, 370.13child, or sibling of a patient being evaluated for or diagnosed with mental illness, a 370.14provider shall inquire of a patient whether the patient wishes to authorize a specific 370.15individual to receive information regarding the patient's current and proposed course of 370.16treatment. If the patient so authorizes, the provider shall communicate to the designated 370.17individual the patient's current and proposed course of treatment. Section 144.293, 370.18subdivisions 2 and 4, apply to consents given under this subdivision.370.19    Subd. 2.Disclosure to law enforcement agency.Notwithstanding section 144.293, 370.20subdivisions 2 and 4, a provider must disclose health records relating to a patient's mental 370.21health to a law enforcement agency if the law enforcement agency provides the name 370.22of the patient and communicates that the:370.23    (1) patient is currently involved in an emergency interaction with the law 370.24enforcement agency; and370.25    (2) disclosure of the records is necessary to protect the health or safety of the patient 370.26or of another person. 370.27    The scope of disclosure under this subdivision is limited to the minimum necessary 370.28for law enforcement to respond to the emergency. A law enforcement agency that obtains 370.29health records under this subdivision shall maintain a record of the requestor, the provider 370.30of the information, and the patient's name. Health records obtained by a law enforcement 370.31agency under this subdivision are private data on individuals as defined in section 13.02, 370.32subdivision 12, and must not be used by law enforcement for any other purpose.370.33    Subd. 3.Records release for family and caretaker; mental health care.(a) 370.34Notwithstanding section 144.293, a provider providing mental health care and treatment 371.1may disclose health record information described in paragraph (b) about a patient to a 371.2family member of the patient or other person who requests the information if:371.3    (1) the request for information is in writing;371.4    (2) the family member or other person lives with, provides care for, or is directly 371.5involved in monitoring the treatment of the patient;371.6    (3) the involvement under clause (2) is verified by the patient's mental health care 371.7provider, the patient's attending physician, or a person other than the person requesting the 371.8information, and is documented in the patient's medical record;371.9    (4) before the disclosure, the patient is informed in writing of the request, the name 371.10of the person requesting the information, the reason for the request, and the specific 371.11information being requested;371.12    (5) the patient agrees to the disclosure, does not object to the disclosure, or is 371.13unable to consent or object, and the patient's decision or inability to make a decision is 371.14documented in the patient's medical record; and371.15    (6) the disclosure is necessary to assist in the provision of care or monitoring of the 371.16patient's treatment. 371.17    (b) The information disclosed under this paragraph is limited to diagnosis, admission 371.18to or discharge from treatment, the name and dosage of the medications prescribed, side 371.19effects of the medication, consequences of failure of the patient to take the prescribed 371.20medication, and a summary of the discharge plan. 371.21    (c) If a provider reasonably determines that providing information under this 371.22subdivision would be detrimental to the physical or mental health of the patient or is 371.23likely to cause the patient to inflict self harm or to harm another, the provider must not 371.24disclose the information. 371.25    (d) This subdivision does not apply to disclosures for a medical emergency or 371.26to family members as authorized or required under subdivision 1 or section 144.293, 371.27subdivision 5, clause (1).371.28    Sec. 6. [144.295] DISCLOSURE OF HEALTH RECORDS FOR EXTERNAL 371.29RESEARCH.371.30    Subdivision 1.Methods of release.(a) Notwithstanding section 144.293, 371.31subdivisions 2 and 4, health records may be released to an external researcher solely for 371.32purposes of medical or scientific research only as follows:371.33    (1) health records generated before January 1, 1997, may be released if the patient 371.34has not objected or does not elect to object after that date;371.35    (2) for health records generated on or after January 1, 1997, the provider must:372.1    (i) disclose in writing to patients currently being treated by the provider that health 372.2records, regardless of when generated, may be released and that the patient may object, in 372.3which case the records will not be released; and372.4    (ii) use reasonable efforts to obtain the patient's written general authorization that 372.5describes the release of records in item (i), which does not expire but may be revoked or 372.6limited in writing at any time by the patient or the patient's authorized representative; 372.7    (3) the provider must advise the patient of the rights specified in clause (4); and372.8    (4) the provider must, at the request of the patient, provide information on how the 372.9patient may contact an external researcher to whom the health record was released and 372.10the date it was released.372.11    (b) Authorization may be established if an authorization is mailed at least two 372.12times to the patient's last known address with a postage prepaid return envelope and a 372.13conspicuous notice that the patient's medical records may be released if the patient does 372.14not object, and at least 60 days have expired since the second notice was sent.372.15    Subd. 2.Duties of researcher.In making a release for research purposes, the 372.16provider shall make a reasonable effort to determine that:372.17    (1) the use or disclosure does not violate any limitations under which the record 372.18was collected;372.19    (2) the use or disclosure in individually identifiable form is necessary to accomplish 372.20the research or statistical purpose for which the use or disclosure is to be made;372.21    (3) the recipient has established and maintains adequate safeguards to protect the 372.22records from unauthorized disclosure, including a procedure for removal or destruction of 372.23information that identifies the patient; and372.24    (4) further use or release of the records in individually identifiable form to a person 372.25other than the patient without the patient's consent is prohibited.372.26    Sec. 7. [144.296] COPIES OF VIDEOTAPES.372.27    A provider may not release a copy of a videotape of a child victim or alleged victim 372.28of physical or sexual abuse without a court order under section 13.03, subdivision 6, or 372.29as provided in section 611A.90. This section does not limit the right of a patient to view 372.30the videotape.372.31    Sec. 8. [144.297] INDEPENDENT MEDICAL EXAMINATION.372.32    Sections 144.291 to 144.298 apply to the subject and provider of an independent 372.33medical examination requested by or paid for by a third party. Notwithstanding section 373.1144.293, a provider may release health records created as part of an independent medical 373.2examination to the third party who requested or paid for the examination.373.3    Sec. 9. [144.298] PENALTIES.373.4    Subdivision 1.Licensing action.A violation of sections 144.291 to 144.298 may 373.5be grounds for disciplinary action against a provider by the appropriate licensing board 373.6or agency.373.7    Subd. 2.Liability of provider or other person.A person who does any of the 373.8following is liable to the patient for compensatory damages caused by an unauthorized 373.9release, plus costs and reasonable attorney fees:373.10    (1) negligently or intentionally requests or releases a health record in violation 373.11of sections 144.291 to 144.297;373.12    (2) forges a signature on a consent form or materially alters the consent form of 373.13another person without the person's consent; or373.14    (3) obtains a consent form or the health records of another person under false 373.15pretenses.373.16    Subd. 3.Liability for record locator service.A patient is entitled to receive 373.17compensatory damages plus costs and reasonable attorney fees if a health information 373.18exchange maintaining a record locator service, or an entity maintaining a record locator 373.19service for a health information exchange, negligently or intentionally violates the 373.20provisions of section 144.293, subdivision 8.373.21    Sec. 10. Minnesota Statutes 2006, section 144.3345, is amended to read:373.22144.3345 INTERCONNECTED ELECTRONIC HEALTH RECORD 373.23GRANTS.373.24    Subdivision 1. Definitions. The following definitions are used for the purposes 373.25of this section.373.26    (a) "Eligible community e-health collaborative" means an existing or newly 373.27established collaborative to support the adoption and use of interoperable electronic 373.28health records. A collaborative must consist of at least three two or more eligible health 373.29care entities in at least two of the categories listed in paragraph (b) and have a focus on 373.30interconnecting the members of the collaborative for secure and interoperable exchange of 373.31health care information.373.32    (b) "Eligible health care entity" means one of the following:373.33    (1) community clinics, as defined under section 
         145.9268; 374.1    (2) hospitals eligible for rural hospital capital improvement grants, as defined 374.2in section 
         144.148;374.3    (3) physician clinics located in a community with a population of less than 50,000 374.4according to United States Census Bureau statistics and outside the seven-county 374.5metropolitan area; 374.6    (4) nursing facilities licensed under sections 
         144A.01 to 
         144A.27; 374.7    (5) community health boards or boards of health as established under chapter 145A; 374.8    (6) nonprofit entities with a purpose to provide health information exchange 374.9coordination governed by a representative, multi-stakeholder board of directors; and374.10    (7) other providers of health or health care services approved by the commissioner 374.11for which interoperable electronic health record capability would improve quality of 374.12care, patient safety, or community health.374.13    Subd. 2. Grants authorized. The commissioner of health shall award grants to:374.14    (a) eligible community e-health collaborative projects to improve the implementation 374.15and use of interoperable electronic health records including but not limited to the 374.16following projects:374.17    (1) collaborative efforts to host and support fully functional interoperable electronic 374.18health records in multiple care settings; 374.19    (2) electronic medication history and electronic patient registration medical history374.20information; 374.21    (3) electronic personal health records for persons with chronic diseases and for 374.22prevention services; 374.23    (4) rural and underserved community models for electronic prescribing; and374.24    (5) enabling modernize local public health information systems to rapidly and 374.25electronically exchange information needed to participate in community e-health 374.26collaboratives or for public health emergency preparedness and response.; and374.27    (6) implement regional or community-based health information exchange 374.28organizations;374.29    (b) community clinics, as defined under section 145.9268, to implement and use 374.30interoperable electronic health records, including but not limited to the following projects:374.31    (1) efforts to plan for and implement fully functional, standards-based interoperable 374.32electronic health records; and374.33    (2) purchases and implementation of computer hardware, software, and technology 374.34to fully implement interoperable electronic health records;375.1    (c) regional or community-based health information exchange organizations to 375.2connect and facilitate the exchange of health information between eligible health care 375.3entities, including but not limited to the development, testing, and implementation of:375.4    (1) data exchange standards, including data, vocabulary, and messaging standards, 375.5for the exchange of health information, provided that such standards are consistent with 375.6state and national standards;375.7    (2) security standards necessary to ensure the confidentiality and integrity of health 375.8records;375.9    (3) computer interfaces and mechanisms for standardizing health information 375.10exchanged between eligible health care entities;375.11    (4) a record locator service for identifying the location of patient health records; or375.12    (5) interfaces and mechanisms for implementing patient consent requirements; and375.13    (d) community health boards and boards of health as established under chapter 375.14145A to modernize local public health information systems to be standards-based and 375.15interoperable with other electronic health records and information systems, or for 375.16enhanced public health emergency preparedness and response.375.17    Grant funds may not be used for construction of health care or other buildings or 375.18facilities.375.19    Subd. 3. Allocation of grants. (a) To receive a grant under this section, an eligible 375.20community e-health collaborative, community clinic, regional or community-based health 375.21information exchange, or community health boards and boards of health must submit an 375.22application to the commissioner of health by the deadline established by the commissioner. 375.23A grant may be awarded upon the signing of a grant contract. In awarding grants, the 375.24commissioner shall give preference to projects benefiting providers located in rural and 375.25underserved areas of Minnesota which the commissioner has determined have an unmet 375.26need for the development and funding of electronic health records. Applicants may apply 375.27for and the commissioner may award grants for one-year, two-year, or three-year periods.375.28    (b) An application must be on a form and contain information as specified by the 375.29commissioner but at a minimum must contain:375.30    (1) a description of the purpose or project for which grant funds will be used; 375.31    (2) a description of the problem or problems the grant funds will be used to address, 375.32including an assessment of the likelihood of the project occurring absent grant funding; 375.33    (3) a description of achievable objectives, a workplan, budget, budget narrative, a 375.34project communications plan, a timeline for implementation and completion of processes 375.35or projects enabled by the grant, and an assessment of privacy and security issues and a 375.36proposed approach to address these issues;376.1    (4) a description of the health care entities and other groups participating in the 376.2project, including identification of the lead entity responsible for applying for and 376.3receiving grant funds; 376.4    (5) a plan for how patients and consumers will be involved in development of 376.5policies and procedures related to the access to and interchange of information; 376.6    (6) evidence of consensus and commitment among the health care entities and others 376.7who developed the proposal and are responsible for its implementation; and376.8    (7) a plan for documenting and evaluating results of the grant. ; and376.9    (8) a plan for use of data exchange standards, including data and vocabulary.376.10    (c) The commissioner shall review each application to determine whether the 376.11application is complete and whether the applicant and the project are eligible for a 376.12grant. In evaluating applications, the commissioner shall take into consideration factors, 376.13including but not limited to, the following:376.14    (1) the degree to which the proposal interconnects the various providers of care with 376.15other health care entities in the applicant's geographic community; 376.16    (2) the degree to which the project provides for the interoperability of electronic 376.17health records or related health information technology between the members of the 376.18collaborative, and presence and scope of a description of how the project intends to 376.19interconnect with other providers not part of the project into the future;376.20    (3) the degree to which the project addresses current unmet needs pertaining 376.21to interoperable electronic health records in a geographic area of Minnesota and the 376.22likelihood that the needs would not be met absent grant funds; 376.23    (4) the applicant's thoroughness and clarity in describing the project, how the project 376.24will improve patient safety, quality of care, and consumer empowerment, and the role of 376.25the various collaborative members;376.26    (5) the recommendations of the Health Information and Technology Infrastructure 376.27Advisory Committee; and376.28    (6) other factors that the commissioner deems relevant.376.29    (d) Grant funds shall be awarded on a three-to-one match basis. Applicants shall 376.30be required to provide $1 in the form of cash or in-kind staff or services for each $3 376.31provided under the grant program.376.32    (e) Grants shall not exceed $900,000 per grant. The commissioner has discretion 376.33over the size and number of grants awarded.376.34    Subd. 4. Evaluation and report. The commissioner of health shall evaluate the 376.35overall effectiveness of the grant program. The commissioner shall collect progress 377.1and expenditure reports to evaluate the grant program from the eligible community 377.2collaboratives receiving grants.377.3    Sec. 11. Minnesota Statutes 2006, section 144D.03, subdivision 1, is amended to read:377.4    Subdivision 1. Registration procedures. The commissioner shall establish forms 377.5and procedures for annual registration of housing with services establishments. The 377.6commissioner shall charge an annual registration fee of $35 $155. No fee shall be 377.7refunded. A registered establishment shall notify the commissioner within 30 days of the 377.8date it is no longer required to be registered under this chapter or of any change in the 377.9business name or address of the establishment, the name or mailing address of the owner 377.10or owners, or the name or mailing address of the managing agent. There shall be no 377.11fee for submission of the notice.377.12    Sec. 12. [145.9269] FEDERALLY QUALIFIED HEALTH CENTERS.377.13    Subdivision 1.Definitions.For purposes of this section, "federally qualified health 377.14center" means an entity that is receiving a grant under United States Code, title 42, 377.15section 254b, or, based on the recommendation of the Health Resources and Services 377.16Administration within the Public Health Service, is determined by the secretary to meet 377.17the requirements for receiving such a grant.377.18    Subd. 2.Allocation of subsidies.The commissioner of health shall distribute 377.19subsidies to federally qualified health centers operating in Minnesota to continue, expand, 377.20and improve federally qualified health center services to low-income populations. The 377.21commissioner shall distribute the funds appropriated under this section to federally 377.22qualified health centers operating in Minnesota as of January 1, 2007. The amount of 377.23each subsidy shall be in proportion to each federally qualified health center's amount of 377.24discounts granted to patients during calendar year 2006 as reported on the federal Uniform 377.25Data System report in conformance with the Bureau of Primary Health Care Program 377.26Expectations Policy Information Notice 98-23, except that each eligible federally qualified 377.27health center shall receive at least two percent but no more than 30 percent of the total 377.28amount of money available under this section.377.29    Sec. 13. HEALTH PROMOTION PROGRAM.377.30    The commissioner of health, in consultation with the State Community Health 377.31Services Advisory Committee established in Minnesota Statutes, section 145A.10, 377.32subdivision 10, shall develop a plan to fund and implement an ongoing comprehensive 377.33health promotion program that can effect change more effectively and at lower cost at 378.1a community level rather than through individual counseling and change promotion. 378.2The program shall use proven public health strategies to promote healthy lifestyles and 378.3behaviors in order to establish a sustainable, long-term approach to reducing preventable 378.4disability, chronic health conditions, and disease. The focus shall be on community 378.5based initiatives that address childhood and adult obesity, tobacco and substance abuse, 378.6improved activity levels among senior citizens, and other lifestyle issues that impact 378.7health and healthcare costs. Because of its population health focus, funding shall be 378.8related to the size of the population to be served. The plan shall be completed by October 378.91, 2007, and shared with the Legislative Health Care Access Commission.378.10    Sec. 14. CERVICAL CANCER PREVENTION AND HUMAN PAPILLOMA 378.11VIRUS VACCINE STUDY.378.12    The commissioner of health shall reconvene the cervical cancer elimination study 378.13required under Laws 2005, First Special Session chapter 4, article 6, section 52, to conduct 378.14a study, in collaboration with the Minnesota Immunization Practices Advisory Committee, 378.15on the human papilloma virus vaccine, including, but not limited to, the following: 378.16    (1) the risks and benefits of the human papilloma virus vaccine;378.17    (2) the availability and effectiveness of the vaccine;378.18    (3) the extent to which health plan companies cover the cost of this vaccination; and378.19    (4) ways to cover the cost of vaccination for persons without coverage.378.20    The commissioner shall submit a report to the legislature by February 1, 2008, on 378.21the findings of the study and recommendations as to whether the human papilloma virus 378.22vaccine should be made mandatory statewide.378.23    Sec. 15. REVISOR'S INSTRUCTION.378.24    In Minnesota Statutes and Minnesota Rules, the revisor shall change the references 378.25in column A with the references in column B.

378.26Column AColumn B378.27section 144.335sections 144.291 to 144.298378.28section 144.335, subdivision 1section 144.291, subdivision 2378.29378.30section 144.335, subdivision 1, paragraph (b)section 144.291, subdivision 2, paragraph (h)378.31378.32section 144.335, subdivision 2, paragraphs (a) and (b)section 144.292, subdivisions 2 and 5378.33section 144.335, subdivision 2section 144.292378.34section 144.335, subdivision 3asection 144.294, subdivision 2378.35378.36section 144.335, subdivision 3a, paragraph (d)section 144.295379.1379.2section 144.335, subdivision 3a, paragraph (f)section 144.294379.3section 144.335, subdivision 3bsection 144.293, subdivision 7

379.4    Sec. 16.  REPEALER.379.5Minnesota Statutes 2006, section 144.335, and Laws 2006, chapter 249, section 379.66, are repealed.379.7ARTICLE 11379.8MISCELLANEOUS POLICY379.9    Section 1. Minnesota Statutes 2006, section 13.381, is amended by adding a 379.10subdivision to read:379.11    Subd. 16a.Prescription electronic reporting system.Access to data in the 379.12prescription electronic reporting system is governed by section 152.126.379.13    Sec. 2. Minnesota Statutes 2006, section 148.235, is amended by adding a subdivision 379.14to read:379.15    Subd. 11.Dispensing by protocol.A registered nurse in a family planning agency 379.16as defined in Minnesota Rules, part 9505.0280, subpart 3, may dispense oral contraceptives 379.17prescribed by a licensed practitioner as defined in section 151.01, subdivision 23, pursuant 379.18to a dispensing protocol established by the agency's medical director or under the direction 379.19of a physician. The dispensing protocol must address the requirements of sections 151.01, 379.20subdivision 30, and 151.212, subdivision 1.379.21    Sec. 3. Minnesota Statutes 2006, section 151.19, subdivision 2, is amended to read:379.22    Subd. 2. Nonresident pharmacies. The board shall require and provide for an 379.23annual nonresident special pharmacy registration for all pharmacies located outside of this 379.24state that regularly dispense medications for Minnesota residents and mail, ship, or deliver 379.25prescription medications into this state. Nonresident special pharmacy registration shall 379.26be granted by the board upon the disclosure and certification by a pharmacy:379.27    (1) that it is licensed in the state in which the dispensing facility is located and from 379.28which the drugs are dispensed;379.29    (2) the location, names, and titles of all principal corporate officers and all 379.30pharmacists who are dispensing drugs to residents of this state;379.31    (3) that it complies with all lawful directions and requests for information from 379.32the Board of Pharmacy of all states in which it is licensed or registered, except that it 380.1shall respond directly to all communications from the board concerning emergency 380.2circumstances arising from the dispensing of drugs to residents of this state;380.3    (4) that it maintains its records of drugs dispensed to residents of this state so that the 380.4records are readily retrievable from the records of other drugs dispensed;380.5    (5) that it cooperates with the board in providing information to the Board of 380.6Pharmacy of the state in which it is licensed concerning matters related to the dispensing 380.7of drugs to residents of this state; and380.8    (6) that during its regular hours of operation, but not less than six days per week, for 380.9a minimum of 40 hours per week, a toll-free telephone service is provided to facilitate 380.10communication between patients in this state and a pharmacist at the pharmacy who has 380.11access to the patients' records; the toll-free number must be disclosed on the label affixed 380.12to each container of drugs dispensed to residents of this state.; and380.13    (7) that, upon request of a resident of a long-term care facility located within the 380.14state of Minnesota, the resident's authorized representative, or a contract pharmacy or 380.15licensed health care facility acting on behalf of the resident, the pharmacy will dispense 380.16medications prescribed for the resident in unit-dose packaging or, alternatively, comply 380.17with the provisions of section 151.415, subdivision 5.380.18    Sec. 4. [151.415] LONG-TERM CARE RESIDENT ACCESS TO 380.19PHARMACEUTICALS ACT.380.20    Subdivision 1.Title; citation.This section may be cited as the "Long-Term Care 380.21Resident Access to Pharmaceuticals Act."380.22    Subd. 2.Definitions.For the purposes of this section, the following terms have the 380.23meanings given them unless otherwise provided by text:380.24    (a) "Board" means the Board of Pharmacy.380.25    (b) "Contract pharmacy" means a pharmacy, licensed under this chapter, which is 380.26under contract to a long-term care facility.380.27    (c) "Long-term care facility" means a nursing home licensed under sections 144A.02 380.28to 144A.10, or a boarding care home licensed under sections 144.50 to 144.56. Facilities 380.29not certified under title XIX of the federal Social Security Act are not included in this 380.30definition.380.31    (d) "Original dispensing pharmacy" shall mean a pharmacy, licensed in any state in 380.32the United States, which dispenses drugs in bulk prescription containers to a person who 380.33is a resident in a long-term care facility.380.34    Subd. 3.Authorization to administer and repackage drugs.(a) A contract 380.35pharmacist or pharmacy may repackage a resident's prescription drugs, which have been 381.1lawfully dispensed from bulk prescription containers by an original dispensing pharmacy, 381.2into a unit-dose system compatible with the system used by the long-term care facility.381.3    (b) A long-term care facility may administer drugs to residents of the facility that 381.4have been repackaged according to this subdivision. The contract pharmacy shall notify 381.5the long-term care facility whenever medications have been dispensed according to 381.6this subdivision and must certify that the repackaging and dispensing has been done in 381.7accordance with this subdivision.381.8    (c) Drugs may be dispensed for a resident of a long-term care facility according to 381.9this subdivision, provided that:381.10    (1) the drug is dispensed by the original dispensing pharmacy according to a current, 381.11valid prescription;381.12    (2) the original bulk prescription container for the resident is delivered by the 381.13original dispensing pharmacy directly to the contract pharmacist or pharmacy;381.14    (3) the contract pharmacist or pharmacy verifies the name and strength of the drug, 381.15the name of the manufacturer of the drug, the manufacturer's lot or control number, the 381.16manufacturer's expiration date for the drug, and the date the drug was dispensed by the 381.17original dispensing pharmacy;381.18    (4) the contract pharmacist or pharmacy verifies the validity and accuracy of the 381.19current prescription order;381.20    (5) the contract pharmacist or pharmacy repackages the drug in board-approved 381.21unit-dose packaging, with labeling that complies with Minnesota Rules, part 6800.6300, 381.22and that identifies that the drug has been repackaged according to this section;381.23    (6) the resident for whom the medication is repackaged obtains medications from or 381.24receives medications at a discounted rate from the original dispensing pharmacy under the 381.25resident's state or federal health assistance program or a private health insurance plan; and381.26    (7) the resident for whom the medication is to be repackaged, or the resident's 381.27authorized representative, has signed an informed consent form provided by the facility 381.28which includes an explanation of the repackaging process and which notifies the resident 381.29of the immunities from liability provided in this section.381.30    Subd. 4.Maintenance of records.For each drug repackaged by a contract 381.31pharmacy under this section, the contract pharmacy shall maintain a record for at least 381.32two years of the following information:381.33    (1) the name, manufacturer, manufacturer's lot number, manufacturer's expiration 381.34date, and quantity of the drug prescribed;381.35    (2) the name and address of the resident for whom the drug was repackaged;381.36    (3) the name and address or other identifier of the prescriber;382.1    (4) the date the prescription was issued and the date the drug was repackaged;382.2    (5) the date the repackaged drug was delivered to the long-term care facility;382.3    (6) the directions for use;382.4    (7) a copy of the label that was affixed to the repackaged drug;382.5    (8) the initials of the packager;382.6    (9) the initials of the supervising pharmacist; and382.7    (10) the name and business address of the original dispensing pharmacy.382.8    Subd. 5.Duties of the original dispensing pharmacy.Upon request of the 382.9resident, the resident's authorized representative, or a contract pharmacy or licensed 382.10health care facility acting on behalf of the resident, the original dispensing pharmacy 382.11is required to deliver medications dispensed for the resident directly to the contract 382.12pharmacist or pharmacy. The original dispensing pharmacy is further required to provide 382.13the contract pharmacist or pharmacy with the name and strength of the drug, the name of 382.14the manufacturer of the drug, the manufacturer's lot or control number, the manufacturer's 382.15expiration date for the drug, and the date the drug was dispensed.382.16    Subd. 6.Redispensing of returned drugs prohibited.Unused drugs repackaged 382.17according to this section that are returned to any pharmacy shall not be redispensed.382.18    Subd. 7.Immunity from civil liability.(a) A contract pharmacist or pharmacy 382.19and its employees or agents repackaging a drug acquired from an original dispensing 382.20pharmacy shall be immune from civil liability arising from harm caused by the drug due 382.21to acts or omissions of other persons outside of the contract pharmacist or pharmacy if the 382.22contract pharmacist or pharmacy properly repackages the drug according to this section.382.23    (b) A long-term care facility and the facility's employees or agents who properly 382.24administer a drug repackaged by a contract pharmacist or pharmacy under this section 382.25shall be immune from civil liability arising from harm caused by the drug due to acts or 382.26omissions of other persons outside the long-term care facility.382.27    Subd. 8.Handling fee.A contract pharmacist or pharmacy may charge a monthly 382.28fee of no more than 250 percent of the medical assistance program dispensing fee for 382.29each drug repackaged according to this section, but no more than $100 per month for 382.30each individual resident.382.31    Sec. 5. Minnesota Statutes 2006, section 152.11, is amended by adding a subdivision to 382.32read:382.33    Subd. 2d.Identification requirement for schedule II or III controlled substance.382.34    No person may dispense a controlled substance included in schedule II or III without 382.35requiring the person purchasing the controlled substance, who need not be the person for 383.1whom the controlled substance prescription is written, to present valid photographic 383.2identification, unless the person purchasing the controlled substance, or if applicable the 383.3person for whom the controlled substance prescription is written, is known to the dispenser.383.4    Sec. 6. [152.126] SCHEDULE II AND III CONTROLLED SUBSTANCES 383.5PRESCRIPTION ELECTRONIC REPORTING SYSTEM.383.6    Subdivision 1.Definitions.For purposes of this section, the terms defined in this 383.7subdivision have the meanings given.383.8    (a) "Board" means the Minnesota State Board of Pharmacy established under 383.9chapter 151.383.10    (b) "Controlled substances" means those substances listed in section 152.02, 383.11subdivisions 3 and 4, and those substances defined by the board pursuant to section 383.12152.02, subdivisions 7, 8, and 12.383.13    (c) "Dispense" or "dispensing" has the meaning given in section 151.01, subdivision 383.1430. Dispensing does not include the direct administering of a controlled substance to a 383.15patient by a licensed health care professional.383.16    (d) "Dispenser" means a person authorized by law to dispense a controlled substance, 383.17pursuant to a valid prescription. A dispenser does not include a licensed hospital pharmacy 383.18that distributes controlled substances for inpatient hospital care.383.19    (e) "Prescriber" means a licensed health care professional who is authorized to 383.20prescribe a controlled substance under section 152.12, subdivision 1.383.21    (f) "Prescription" has the meaning given in section 151.01, subdivision 16.383.22    Subd. 2.Prescription electronic reporting system.(a) The board shall establish 383.23by January 1, 2009, an electronic system for reporting the information required under 383.24subdivision 4 for all controlled substances dispensed within the state. Data for controlled 383.25substance prescriptions that are dispensed in a quantity small enough to provide treatment 383.26to a patient for a period of 48 hours or less need not be reported.383.27    (b) The board may contract with a vendor for the purpose of obtaining technical 383.28assistance in the design, implementation, and maintenance of the electronic reporting 383.29system. The vendor's role shall be limited to providing technical support to the board 383.30concerning the software, databases, and computer systems required to interface with the 383.31existing systems currently used by pharmacies to dispense prescriptions and transmit 383.32prescription data to other third parties.383.33    Subd. 3.Prescription Electronic Reporting Advisory Committee.(a) The 383.34board shall convene an advisory committee. The committee must include at least one 383.35representative of:384.1    (1) the Department of Health;384.2    (2) the Department of Human Services;384.3    (3) each health-related licensing board that licenses prescribers;384.4    (4) a professional medical association, which may include an association of pain 384.5management and chemical dependency specialists;384.6    (5) a professional pharmacy association; 384.7    (6) a consumer privacy or security advocate; and 384.8    (7) a consumer or patient rights organization.384.9    (b) The advisory committee shall advise the board on the development and operation 384.10of the electronic reporting system, including, but not limited to:384.11    (1) technical standards for electronic prescription drug reporting;384.12    (2) proper analysis and interpretation of prescription monitoring data; and384.13    (3) an evaluation process for the program.384.14    (c) The Board of Pharmacy, after consultation with the advisory committee, shall 384.15present recommendations and draft legislation on the issues addressed by the advisory 384.16committee under paragraph (b), to the legislature by December 15, 2007.384.17    Subd. 4.Reporting requirements; notice.(a) Each dispenser must submit the 384.18following data to the board or its designated vendor, subject to the notice required under 384.19paragraph (d):384.20    (1) name of the prescriber;384.21    (2) national provider identifier of the prescriber;384.22    (3) name of the dispenser;384.23    (4) national provider identifier of the dispenser;384.24    (5) name of the patient for whom the prescription was written;384.25    (6) date of birth of the patient for whom the prescription was written;384.26    (7) date the prescription was written;384.27    (8) date the prescription was filled;384.28    (9) name and strength of the controlled substance;384.29    (10) quantity of controlled substance prescribed; and384.30    (11) quantity of controlled substance dispensed.384.31    (b) The dispenser must submit the required information by a procedure and in a 384.32format established by the board.384.33    (c) A dispenser is not required to submit this data for those controlled substance 384.34prescriptions dispensed for:384.35    (1) individuals residing in licensed skilled nursing or intermediate care facilities;385.1    (2) individuals receiving assisted living services under chapter 144G or through a 385.2medical assistance home and community-based waiver;385.3    (3) individuals receiving medication intravenously;385.4    (4) individuals receiving hospice and other palliative or end-of-life care; and385.5    (5) individuals receiving services from a home care provider regulated under chapter 385.6144A.385.7    (d) A dispenser must not submit data under this subdivision unless a conspicuous 385.8notice of the reporting requirements of this section is given to the patient for whom the 385.9prescription was written.385.10    Subd. 5.Use of data by board.(a) The board shall develop and maintain a database 385.11of the data reported under subdivision 4. The board shall maintain data that could identify 385.12an individual prescriber or dispenser in encrypted form. The database may be used by 385.13permissible users identified under subdivision 6 for the identification of:385.14    (1) individuals receiving prescriptions for controlled substances from prescribers 385.15who subsequently obtain controlled substances from dispensers in quantities or with 385.16a frequency inconsistent with standards accepted by national and international pain 385.17management associations of dosage for those controlled substances; and 385.18    (2) individuals presenting forged or otherwise false or altered prescriptions for 385.19controlled substances to dispensers. 385.20    (b) No permissible user identified under subdivision 6 may access the database 385.21for the sole purpose of identifying prescribers of controlled substances for unusual or 385.22excessive prescribing patterns without a valid search warrant or court order.385.23    (c) No personnel of a state or federal occupational licensing board or agency may 385.24access the database for the purpose of obtaining information to be used to initiate or 385.25substantiate a disciplinary action against a prescriber.385.26    (d) Data reported under subdivision 4 shall be retained by the board in the database 385.27for a 12-month period, and shall be removed from the database 12 months from the date 385.28the data was received.385.29    Subd. 6.Access to reporting system data.(a) Except as indicated in this 385.30subdivision, the data submitted to the board under subdivision 4 is private data on 385.31individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.385.32    (b) Except as specified in subdivision 5, the following persons shall be considered 385.33permissible users and may access the data submitted under subdivision 4 in the same or 385.34similar manner, and for the same or similar purposes, as those persons who are authorized 385.35to access similar private data on individuals under federal and state law:386.1    (1) a prescriber, to the extent the information relates specifically to a current patient 386.2of the prescriber, to whom the practitioner is prescribing or considering prescribing any 386.3controlled substance;386.4    (2) a dispenser, to the extent the information relates specifically to a current patient 386.5to whom that dispenser is dispensing or considering dispensing any controlled substance;386.6    (3) an individual who is the recipient of a controlled substance prescription for 386.7which data was submitted under subdivision 4, or a guardian of the individual, parent or 386.8guardian of a minor, or health care agent of the individual acting under a health care 386.9directive under chapter 145C;386.10    (4) personnel of the board specifically assigned to conduct a bona fide investigation 386.11of a specific licensee;386.12    (5) personnel of the board engaged in the collection of controlled substance 386.13prescription information as part of the assigned duties and responsibilities under this 386.14section;386.15    (6) authorized personnel of a vendor under contract with the board who are engaged 386.16in the design, implementation, and maintenance of the electronic reporting system as part 386.17of the assigned duties and responsibilities of their employment, provided that access to data 386.18is limited to the minimum amount necessary to test and maintain the system databases;386.19    (7) federal, state, and local law enforcement authorities acting pursuant to a valid 386.20search warrant; and386.21    (8) personnel of the medical assistance program assigned to use the data collected 386.22under this section to identify recipients whose usage of controlled substances may warrant 386.23restriction to a single primary care physician, a single outpatient pharmacy, or a single 386.24hospital.386.25    For purposes of clause (3), access by an individual includes persons in the definition 386.26of an individual under section 13.02.386.27    (c) Any permissible user identified in paragraph (b), who directly accesses 386.28the data electronically, shall implement and maintain a comprehensive information 386.29security program that contains administrative, technical, and physical safeguards that 386.30are appropriate to the user's size and complexity, and the sensitivity of the personal 386.31information obtained. The permissible user shall identify reasonably foreseeable internal 386.32and external risks to the security, confidentiality, and integrity of personal information 386.33that could result in the unauthorized disclosure, misuse, or other compromise of the 386.34information and assess the sufficiency of any safeguards in place to control the risks.387.1    (d) The board shall not release data submitted under this section unless it is provided 387.2with evidence, satisfactory to the board, that the person requesting the information is 387.3entitled to receive the data.387.4    (e) The board shall not release the name of a prescriber without the written consent 387.5of the prescriber or a valid search warrant or court order. The board shall provide a 387.6mechanism for a prescriber to submit to the board a signed consent authorizing the release 387.7of the prescriber's name when data containing the prescriber's name is requested.387.8    (f) The board shall maintain a log of all persons who access the data and shall ensure 387.9that any permissible user complies with paragraph (c) prior to attaining direct access to 387.10the data.387.11    Subd. 7.Disciplinary action.(a) A dispenser who knowingly fails to submit data to 387.12the board as required under this section is subject to disciplinary action by the appropriate 387.13health-related licensing board.387.14    (b) A prescriber or dispenser authorized to access the data who knowingly discloses 387.15the data in violation of state or federal laws relating to the privacy of health care data 387.16shall be subject to disciplinary action by the appropriate health-related licensing board, 387.17and appropriate civil penalties.387.18    Subd. 8.Evaluation and reporting.(a) The board shall evaluate the prescription 387.19electronic reporting system to determine if the system is cost-effective and whether it is 387.20negatively impacting appropriate prescribing practices of controlled substances. The 387.21board may contract with a vendor to design and conduct the evaluation.387.22    (b) The board shall submit the evaluation of the system to the legislature by January 387.2315, 2010.387.24    Subd. 9.Immunity from liability; no requirement to obtain information.(a) A 387.25pharmacist, prescriber, or other dispenser making a report to the program in good faith 387.26under this section is immune from any civil, criminal, or administrative liability, which 387.27might otherwise be incurred or imposed as a result of the report, or on the basis that the 387.28pharmacist or prescriber did or did not seek or obtain or use information from the program.387.29    (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser 387.30to obtain information about a patient from the program, and the pharmacist, prescriber, 387.31or other dispenser, if acting in good faith, is immune from any civil, criminal, or 387.32administrative liability that might otherwise be incurred or imposed for requesting, 387.33receiving, or using information from the program.387.34EFFECTIVE DATE.This section is effective July 1, 2007, or upon receiving 387.35sufficient nonstate funds to implement the prescription electronic reporting program, 387.36whichever is later. In the event that nonstate funds are not secured by the Board of 388.1Pharmacy to adequately fund the implementation of the prescription electronic reporting 388.2program, the board is not required to implement this section without a subsequent 388.3appropriation from the legislature.388.4    Sec. 7. Minnesota Statutes 2006, section 245.4874, is amended to read:388.5245.4874 DUTIES OF COUNTY BOARD.388.6    (a) The county board must:388.7    (1) develop a system of affordable and locally available children's mental health 388.8services according to sections 
         245.487 to 
         245.4887;388.9    (2) establish a mechanism providing for interagency coordination as specified in 388.10section 
         245.4875, subdivision 6;388.11    (3) consider the assessment of unmet needs in the county as reported by the local 388.12children's mental health advisory council under section 
         245.4875, subdivision 5, paragraph 388.13(b), clause (3). The county shall provide, upon request of the local children's mental health 388.14advisory council, readily available data to assist in the determination of unmet needs;388.15    (4) assure that parents and providers in the county receive information about how to 388.16gain access to services provided according to sections 
         245.487 to 
         245.4887;388.17    (5) coordinate the delivery of children's mental health services with services 388.18provided by social services, education, corrections, health, and vocational agencies to 388.19improve the availability of mental health services to children and the cost-effectiveness of 388.20their delivery;388.21    (6) assure that mental health services delivered according to sections 
         245.487388.22to 
         245.4887 are delivered expeditiously and are appropriate to the child's diagnostic 388.23assessment and individual treatment plan;388.24    (7) provide the community with information about predictors and symptoms of 388.25emotional disturbances and how to access children's mental health services according to 388.26sections 
         245.4877 and 
         245.4878;388.27    (8) provide for case management services to each child with severe emotional 388.28disturbance according to sections 
         245.486; 
         245.4871, subdivisions 3 and 4; and 
         245.4881, 388.29subdivisions 1, 3, and 5
         ;388.30    (9) provide for screening of each child under section 
         245.4885 upon admission 388.31to a residential treatment facility, acute care hospital inpatient treatment, or informal 388.32admission to a regional treatment center;388.33    (10) prudently administer grants and purchase-of-service contracts that the county 388.34board determines are necessary to fulfill its responsibilities under sections 
         245.487 to 388.35245.4887
         ;389.1    (11) assure that mental health professionals, mental health practitioners, and case 389.2managers employed by or under contract to the county to provide mental health services 389.3are qualified under section 
         245.4871;389.4    (12) assure that children's mental health services are coordinated with adult mental 389.5health services specified in sections 
         245.461 to 
         245.486 so that a continuum of mental 389.6health services is available to serve persons with mental illness, regardless of the person's 389.7age;389.8    (13) assure that culturally informed mental health consultants are used as necessary 389.9to assist the county board in assessing and providing appropriate treatment for children of 389.10cultural or racial minority heritage; and389.11    (14) consistent with section 
         245.486, arrange for or provide a children's mental 389.12health screening to a child receiving child protective services or a child in out-of-home 389.13placement, a child for whom parental rights have been terminated, a child found to be 389.14delinquent, and a child found to have committed a juvenile petty offense for the third 389.15or subsequent time, unless a screening or diagnostic assessment has been performed 389.16within the previous 180 days, or the child is currently under the care of a mental health 389.17professional. The court or county agency must notify a parent or guardian whose 389.18parental rights have not been terminated of the potential mental health screening and the 389.19option to prevent the screening by notifying the court or county agency in writing. The 389.20screening shall be conducted with a screening instrument approved by the commissioner 389.21of human services according to criteria that are updated and issued annually to ensure 389.22that approved screening instruments are valid and useful for child welfare and juvenile 389.23justice populations, and shall be conducted by a mental health practitioner as defined in 389.24section 
         245.4871, subdivision 26, or a probation officer or local social services agency 389.25staff person who is trained in the use of the screening instrument. Training in the use of the 389.26instrument shall include training in the administration of the instrument, the interpretation 389.27of its validity given the child's current circumstances, the state and federal data practices 389.28laws and confidentiality standards, the parental consent requirement, and providing respect 389.29for families and cultural values. If the screen indicates a need for assessment, the child's 389.30family, or if the family lacks mental health insurance, the local social services agency, 389.31in consultation with the child's family, shall have conducted a diagnostic assessment, 389.32including a functional assessment, as defined in section 
         245.4871. The administration of 389.33the screening shall safeguard the privacy of children receiving the screening and their 389.34families and shall comply with the Minnesota Government Data Practices Act, chapter 389.3513, and the federal Health Insurance Portability and Accountability Act of 1996, Public 390.1Law 104-191. Screening results shall be considered private data and the commissioner 390.2shall not collect individual screening results.390.3    (b) When the county board refers clients to providers of children's therapeutic 390.4services and supports under section 
         256B.0943, the county board must clearly identify 390.5the desired services components not covered under section 
         256B.0943 and identify the 390.6reimbursement source for those requested services, the method of payment, and the 390.7payment rate to the provider.390.8    Sec. 8. Minnesota Statutes 2006, section 253B.185, subdivision 2, is amended to read:390.9    Subd. 2. Transfer to correctional facility. (a) If a person has been committed 390.10under this section and later is committed to the custody of the commissioner of corrections 390.11for any reason, including but not limited to, being sentenced for a crime or revocation of 390.12the person's supervised release or conditional release under section 
         244.05, 609.108, 390.13subdivision 6, or 
         609.109, subdivision 7, the person shall be transferred to a facility 390.14designated by the commissioner of corrections without regard to the procedures provided 390.15in section 
         253B.18. 390.16    (b) If a person is committed under this section after a commitment to the 390.17commissioner of corrections, the person shall first serve the sentence in a facility 390.18designated by the commissioner of corrections. After the person has served the sentence, 390.19the person shall be transferred to a treatment program designated by the commissioner 390.20of human services.390.21    Sec. 9. Minnesota Statutes 2006, section 254A.03, subdivision 3, is amended to read:390.22    Subd. 3. Rules for chemical dependency care. The commissioner of human 390.23services shall establish by rule criteria to be used in determining the appropriate level 390.24of chemical dependency care, whether outpatient, inpatient or short-term treatment 390.25programs, for each recipient of public assistance seeking treatment for alcohol or other 390.26drug dependency and abuse problems. The criteria shall address, at least, the family 390.27relationship, past treatment history, medical or physical problems, arrest record, and 390.28employment situation.390.29    Sec. 10. Minnesota Statutes 2006, section 254A.16, subdivision 2, is amended to read:390.30    Subd. 2. Program and service guidelines. (a) The commissioner shall provide 390.31program and service guidelines and technical assistance to the county boards in carrying 390.32out services authorized under sections section254A.08, 254A.12, 254A.14, and their 390.33responsibilities under chapter 256E. 391.1    (b) The commissioner shall recommend to the governor means of improving 391.2the efficiency and effectiveness of comprehensive program services in the state and 391.3maximizing the use of nongovernmental funds for providing comprehensive programs.391.4    Sec. 11. Minnesota Statutes 2006, section 254B.02, subdivision 1, is amended to read:391.5    Subdivision 1. Chemical dependency treatment allocation. The chemical 391.6dependency funds appropriated for allocation shall be placed in a special revenue account. 391.7The commissioner shall annually transfer funds from the chemical dependency fund to pay 391.8for operation of the drug and alcohol abuse normative evaluation system and to pay for all 391.9costs incurred by adding two positions for licensing of chemical dependency treatment 391.10and rehabilitation programs located in hospitals for which funds are not otherwise 391.11appropriated. For each year of the biennium ending June 30, 1999, the commissioner shall 391.12allocate funds to the American Indian chemical dependency tribal account for treatment 391.13of American Indians by eligible vendors under section 254B.05, equal to the amount 391.14allocated in fiscal year 1997. Six percent of the remaining money must be reserved for 391.15tribal allocation under section 254B.09, subdivisions 4 and 5. The commissioner shall 391.16annually divide the money available in the chemical dependency fund that is not held 391.17in reserve by counties from a previous allocation, or allocated to the American Indian 391.18chemical dependency tribal account. Six percent of the remaining money must be 391.19reserved for the nonreservation American Indian chemical dependency allocation for 391.20treatment of American Indians by eligible vendors under section 
         254B.05, subdivision 391.211
         . The remainder of the money must be allocated among the counties according to the 391.22following formula, using state demographer data and other data sources determined by 391.23the commissioner: 391.24    (a) For purposes of this formula, American Indians and children under age 14 are 391.25subtracted from the population of each county to determine the restricted population.391.26    (b) The amount of chemical dependency fund expenditures for entitled persons for 391.27services not covered by prepaid plans governed by section 
         256B.69 in the previous year is 391.28divided by the amount of chemical dependency fund expenditures for entitled persons for 391.29all services to determine the proportion of exempt service expenditures for each county. 391.30    (c) The prepaid plan months of eligibility is multiplied by the proportion of exempt 391.31service expenditures to determine the adjusted prepaid plan months of eligibility for 391.32each county.391.33    (d) The adjusted prepaid plan months of eligibility is added to the number of 391.34restricted population fee for service months of eligibility for the Minnesota family 392.1investment program, general assistance, and medical assistance and divided by the county 392.2restricted population to determine county per capita months of covered service eligibility.392.3    (e) The number of adjusted prepaid plan months of eligibility for the state is added 392.4to the number of fee for service months of eligibility for the Minnesota family investment 392.5program, general assistance, and medical assistance for the state restricted population and 392.6divided by the state restricted population to determine state per capita months of covered 392.7service eligibility.392.8    (f) The county per capita months of covered service eligibility is divided by the 392.9state per capita months of covered service eligibility to determine the county welfare 392.10caseload factor.392.11    (g) The median married couple income for the most recent three-year period 392.12available for the state is divided by the median married couple income for the same period 392.13for each county to determine the income factor for each county.392.14    (h) The county restricted population is multiplied by the sum of the county welfare 392.15caseload factor and the county income factor to determine the adjusted population.392.16    (i) $15,000 shall be allocated to each county.392.17    (j) The remaining funds shall be allocated proportional to the county adjusted 392.18population.392.19    Sec. 12. Minnesota Statutes 2006, section 254B.02, subdivision 5, is amended to read:392.20    Subd. 5. Administrative adjustment. The commissioner may make payments to 392.21local agencies from money allocated under this section to support administrative activities 392.22under sections 
         254B.03 and 
         254B.04. The administrative payment must not exceed 392.23five percent of the first $50,000, four percent of the next $50,000, and three percent of 392.24the remaining payments for services from the allocation. Twenty-five percent of the 392.25administrative allowance shall be advanced at the beginning of each quarter, based on 392.26the payments for services made in the most recent quarter for which data is available. 392.27Adjustment of any overestimate or underestimate based on actual expenditures shall be 392.28made by the state agency by adjusting the administrative allowance for any succeeding 392.29quarter.392.30    Sec. 13. Minnesota Statutes 2006, section 254B.03, subdivision 1, is amended to read:392.31    Subdivision 1. Local agency duties. (a) Every local agency shall provide chemical 392.32dependency services to persons residing within its jurisdiction who meet criteria 392.33established by the commissioner for placement in a chemical dependency residential or 392.34nonresidential treatment service. Chemical dependency money must be administered 393.1by the local agencies according to law and rules adopted by the commissioner under 393.2sections 
         14.001 to 
         14.69. 393.3    (b) In order to contain costs, the county board shall, with the approval of the 393.4commissioner of human services, select eligible vendors of chemical dependency services 393.5who can provide economical and appropriate treatment. Unless the local agency is a social 393.6services department directly administered by a county or human services board, the local 393.7agency shall not be an eligible vendor under section 
         254B.05. The commissioner may 393.8approve proposals from county boards to provide services in an economical manner or to 393.9control utilization, with safeguards to ensure that necessary services are provided. If a 393.10county implements a demonstration or experimental medical services funding plan, the 393.11commissioner shall transfer the money as appropriate. If a county selects a vendor located 393.12in another state, the county shall ensure that the vendor is in compliance with the rules 393.13governing licensure of programs located in the state. 393.14    (c) The calendar year 2002 rate for vendors may not increase more than three 393.15percent above the rate approved in effect on January 1, 2001. The calendar year 2003 393.16rate for vendors may not increase more than three percent above the rate in effect on 393.17January 1, 2002. The calendar years 2004 and 2005 rates may not exceed the rate in 393.18effect on January 1, 2003.393.19    (d) (c) A culturally specific vendor that provides assessments under a variance under 393.20Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to 393.21persons not covered by the variance.393.22    Sec. 14. Minnesota Statutes 2006, section 254B.03, subdivision 3, is amended to read:393.23    Subd. 3. Local agencies to pay state for county share.Local agencies shall submit 393.24invoices to the state on forms supplied by the commissioner and according to procedures 393.25established by the commissioner. Local agencies shall pay the state for the county share 393.26of the invoiced services authorized by the local agency. Payments shall be made at the 393.27beginning of each month for services provided in the previous month. The commissioner 393.28shall bill the county monthly for services, based on the most recent month for which 393.29expenditure information is available. Adjustment of any overestimate or underestimate 393.30based on actual expenditures shall be made by the state agency by adjusting the estimate 393.31for any succeeding month.393.32    Sec. 15. Minnesota Statutes 2006, section 254B.06, subdivision 3, is amended to read:393.33    Subd. 3. Payment; denial. The commissioner shall pay eligible vendors for 393.34placements made by local agencies under section 
         254B.03, subdivision 1, and placements 394.1by tribal designated agencies according to section 
         254B.09. The commissioner may 394.2reduce or deny payment of the state share when services are not provided according to the 394.3placement criteria established by the commissioner. The commissioner may pay for all or 394.4a portion of improper county chemical dependency placements and bill the county for the 394.5entire payment made when the placement did not comply with criteria established by the 394.6commissioner. The commissioner may make payments to vendors and charge the county 394.7100 percent of the payments if documentation of a county approved placement is received 394.8more than 30 working days, exclusive of weekends and holidays, after the date services 394.9began; or if the county approved invoice is received by the commissioner more than 120 394.10days after the last date of service provided. The commissioner shall not pay vendors until 394.11private insurance company claims have been settled. 394.12    Sec. 16. Minnesota Statutes 2006, section 256B.0625, subdivision 23, is amended to 394.13read:394.14    Subd. 23. Day treatment services. Medical assistance covers day treatment 394.15services as specified in sections 
         245.462, subdivision 8, and 
         245.4871, subdivision 10, that 394.16are provided under contract with the county board. Notwithstanding Minnesota Rules, 394.17part 9505.0323, subpart 15, the commissioner may set authorization thresholds for day 394.18treatment for adults according to section 
         256B.0625, subdivision 25. Notwithstanding 394.19Minnesota Rules, part 9505.0323, subpart 15, effective July 1, 2004, medical assistance 394.20covers day treatment services for children as specified under section 
         256B.0943. 394.21    Sec. 17. Minnesota Statutes 2006, section 256B.0943, subdivision 6, is amended to 394.22read:394.23    Subd. 6. Provider entity clinical infrastructure requirements. (a) To be 394.24an eligible provider entity under this section, a provider entity must have a clinical 394.25infrastructure that utilizes diagnostic assessment, an individualized treatment plan, 394.26service delivery, and individual treatment plan review that are culturally competent, 394.27child-centered, and family-driven to achieve maximum benefit for the client. The provider 394.28entity must review and update the clinical policies and procedures every three years and 394.29must distribute the policies and procedures to staff initially and upon each subsequent 394.30update.394.31    (b) The clinical infrastructure written policies and procedures must include policies 394.32and procedures for:394.33    (1) providing or obtaining a client's diagnostic assessment that identifies acute and 394.34chronic clinical disorders, co-occurring medical conditions, sources of psychological and 395.1environmental problems, and a functional assessment. The functional assessment must 395.2clearly summarize the client's individual strengths and needs;395.3    (2) developing an individual treatment plan that is:395.4    (i) based on the information in the client's diagnostic assessment;395.5    (ii) developed no later than the end of the first psychotherapy session after the 395.6completion of the client's diagnostic assessment by the mental health professional who 395.7provides the client's psychotherapy;395.8    (iii) developed through a child-centered, family-driven planning process that 395.9identifies service needs and individualized, planned, and culturally appropriate 395.10interventions that contain specific treatment goals and objectives for the client and the 395.11client's family or foster family;395.12    (iv) reviewed at least once every 90 days and revised, if necessary; and395.13    (v) signed by the client or, if appropriate, by the client's parent or other person 395.14authorized by statute to consent to mental health services for the client;395.15    (3) developing an individual behavior plan that documents services to be provided 395.16by the mental health behavioral aide. The individual behavior plan must include:395.17    (i) detailed instructions on the service to be provided;395.18    (ii) time allocated to each service;395.19    (iii) methods of documenting the child's behavior;395.20    (iv) methods of monitoring the child's progress in reaching objectives; and395.21    (v) goals to increase or decrease targeted behavior as identified in the individual 395.22treatment plan;395.23    (4) clinical supervision of the mental health practitioner and mental health behavioral 395.24aide. A mental health professional must document the clinical supervision the professional 395.25provides by cosigning individual treatment plans and making entries in the client's record 395.26on supervisory activities. Clinical supervision does not include the authority to make or 395.27terminate court-ordered placements of the child. A clinical supervisor must be available 395.28for urgent consultation as required by the individual client's needs or the situation. Clinical 395.29supervision may occur individually or in a small group to discuss treatment and review 395.30progress toward goals. The focus of clinical supervision must be the client's treatment 395.31needs and progress and the mental health practitioner's or behavioral aide's ability to 395.32provide services;395.33    (4a) CTSS certified provider entities providing day treatment programs must meet 395.34the conditions in items (i) to (iii):396.1    (i) the provider supervisor must be present and available on the premises more 396.2than 50 percent of the time in a five-working-day period during which the supervisee is 396.3providing a mental health service;396.4    (ii) the diagnosis and the client's individual treatment plan or a change in the 396.5diagnosis or individual treatment plan must be made by or reviewed, approved, and signed 396.6by the provider supervisor; and396.7    (iii) every 30 days, the supervisor must review and sign the record of the client's care 396.8for all activities in the preceding 30-day period;396.9    (4b) for all other services provided under CTSS, clinical supervision standards 396.10provided in items (i) to (iii) must be used:396.11    (i) medical assistance shall reimburse a mental health practitioner who maintains a 396.12consulting relationship with a mental health professional who accepts full professional 396.13responsibility and is present on site for at least one observation during the first 12 hours 396.14in which the mental health practitioner provides the individual, family, or group skills 396.15training to the child or the child's family;396.16    (ii) thereafter, the mental health professional is required to be present on site for 396.17observation as clinically appropriate when the mental health practitioner is providing 396.18individual, family, or group skills training to the child or the child's family; and396.19    (iii) the observation must be a minimum of one clinical unit. The on-site presence of 396.20the mental health professional must be documented in the child's record and signed by the 396.21mental health professional who accepts full professional responsibility;396.22    (5) providing direction to a mental health behavioral aide. For entities that employ 396.23mental health behavioral aides, the clinical supervisor must be employed by the provider 396.24entity or other certified children's therapeutic supports and services provider entity to 396.25ensure necessary and appropriate oversight for the client's treatment and continuity 396.26of care. The mental health professional or mental health practitioner giving direction 396.27must begin with the goals on the individualized treatment plan, and instruct the mental 396.28health behavioral aide on how to construct therapeutic activities and interventions that 396.29will lead to goal attainment. The professional or practitioner giving direction must also 396.30instruct the mental health behavioral aide about the client's diagnosis, functional status, 396.31and other characteristics that are likely to affect service delivery. Direction must also 396.32include determining that the mental health behavioral aide has the skills to interact with 396.33the client and the client's family in ways that convey personal and cultural respect and 396.34that the aide actively solicits information relevant to treatment from the family. The aide 396.35must be able to clearly explain the activities the aide is doing with the client and the 396.36activities' relationship to treatment goals. Direction is more didactic than is supervision 397.1and requires the professional or practitioner providing it to continuously evaluate the 397.2mental health behavioral aide's ability to carry out the activities of the individualized 397.3treatment plan and the individualized behavior plan. When providing direction, the 397.4professional or practitioner must:397.5    (i) review progress notes prepared by the mental health behavioral aide for accuracy 397.6and consistency with diagnostic assessment, treatment plan, and behavior goals and the 397.7professional or practitioner must approve and sign the progress notes;397.8    (ii) identify changes in treatment strategies, revise the individual behavior plan, 397.9and communicate treatment instructions and methodologies as appropriate to ensure 397.10that treatment is implemented correctly;397.11    (iii) demonstrate family-friendly behaviors that support healthy collaboration among 397.12the child, the child's family, and providers as treatment is planned and implemented;397.13    (iv) ensure that the mental health behavioral aide is able to effectively communicate 397.14with the child, the child's family, and the provider; and397.15    (v) record the results of any evaluation and corrective actions taken to modify the 397.16work of the mental health behavioral aide;397.17    (6) providing service delivery that implements the individual treatment plan and 397.18meets the requirements under subdivision 9; and397.19    (7) individual treatment plan review. The review must determine the extent to which 397.20the services have met the goals and objectives in the previous treatment plan. The review 397.21must assess the client's progress and ensure that services and treatment goals continue to 397.22be necessary and appropriate to the client and the client's family or foster family. Revision 397.23of the individual treatment plan does not require a new diagnostic assessment unless the 397.24client's mental health status has changed markedly. The updated treatment plan must be 397.25signed by the client, if appropriate, and by the client's parent or other person authorized by 397.26statute to give consent to the mental health services for the child.397.27    Sec. 18. Minnesota Statutes 2006, section 256B.0943, subdivision 9, is amended to 397.28read:397.29    Subd. 9. Service delivery criteria. (a) In delivering services under this section, a 397.30certified provider entity must ensure that:397.31    (1) each individual provider's caseload size permits the provider to deliver services 397.32to both clients with severe, complex needs and clients with less intensive needs. The 397.33provider's caseload size should reasonably enable the provider to play an active role in 397.34service planning, monitoring, and delivering services to meet the client's and client's 397.35family's needs, as specified in each client's individual treatment plan;398.1    (2) site-based programs, including day treatment and preschool programs, provide 398.2staffing and facilities to ensure the client's health, safety, and protection of rights, and that 398.3the programs are able to implement each client's individual treatment plan;398.4    (3) a day treatment program is provided to a group of clients by a multidisciplinary 398.5team under the clinical supervision of a mental health professional. The day treatment 398.6program must be provided in and by: (i) an outpatient hospital accredited by the Joint 398.7Commission on Accreditation of Health Organizations and licensed under sections 398.8144.50
          to 
         144.55; (ii) a community mental health center under section 
         245.62; and (iii) 398.9an entity that is under contract with the county board to operate a program that meets 398.10the requirements of sections 
         245.4712, subdivision 2, and 
         245.4884, subdivision 2, 398.11and Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must 398.12stabilize the client's mental health status while developing and improving the client's 398.13independent living and socialization skills. The goal of the day treatment program must be 398.14to reduce or relieve the effects of mental illness and provide training to enable the client 398.15to live in the community. The program must be available at least one day a week for a 398.16minimum three-hour time block. The three-hour time block must include at least one 398.17hour, but no more than two hours, of individual or group psychotherapy. The remainder 398.18of the three-hour time block may include recreation therapy, socialization therapy, or 398.19independent living skills therapy, but only if the therapies are included in the client's 398.20individual treatment plan. Day treatment programs are not part of inpatient or residential 398.21treatment services; and 398.22    (4) a preschool program is a structured treatment program offered to a child who 398.23is at least 33 months old, but who has not yet reached the first day of kindergarten, by a 398.24preschool multidisciplinary team in a day program licensed under Minnesota Rules, parts 398.259503.0005 to 9503.0175. The program must be available at least one day a week for a 398.26minimum two-hour time block. The structured treatment program may include individual 398.27or group psychotherapy and recreation therapy, socialization therapy, or independent 398.28living skills therapy, if included in the client's individual treatment plan.398.29    (b) A provider entity must deliver the service components of children's therapeutic 398.30services and supports in compliance with the following requirements:398.31    (1) individual, family, and group psychotherapy must be delivered as specified in 398.32Minnesota Rules, part 9505.0323;398.33    (2) individual, family, or group skills training must be provided by a mental health 398.34professional or a mental health practitioner who has a consulting relationship with a 398.35mental health professional who accepts full professional responsibility for the training;399.1    (3) crisis assistance must be time-limited and designed to resolve or stabilize crisis 399.2through arrangements for direct intervention and support services to the child and the 399.3child's family. Crisis assistance must utilize resources designed to address abrupt or 399.4substantial changes in the functioning of the child or the child's family as evidenced by 399.5a sudden change in behavior with negative consequences for well being, a loss of usual 399.6coping mechanisms, or the presentation of danger to self or others;399.7    (4) medically necessary services that are provided by a mental health behavioral 399.8aide must be designed to improve the functioning of the child and support the family in 399.9activities of daily and community living. A mental health behavioral aide must document 399.10the delivery of services in written progress notes. The mental health behavioral aide 399.11must implement goals in the treatment plan for the child's emotional disturbance that 399.12allow the child to acquire developmentally and therapeutically appropriate daily living 399.13skills, social skills, and leisure and recreational skills through targeted activities. These 399.14activities may include:399.15    (i) assisting a child as needed with skills development in dressing, eating, and 399.16toileting;399.17    (ii) assisting, monitoring, and guiding the child to complete tasks, including 399.18facilitating the child's participation in medical appointments;399.19    (iii) observing the child and intervening to redirect the child's inappropriate behavior;399.20    (iv) assisting the child in using age-appropriate self-management skills as related 399.21to the child's emotional disorder or mental illness, including problem solving, decision 399.22making, communication, conflict resolution, anger management, social skills, and 399.23recreational skills;399.24    (v) implementing deescalation techniques as recommended by the mental health 399.25professional;399.26    (vi) implementing any other mental health service that the mental health professional 399.27has approved as being within the scope of the behavioral aide's duties; or399.28    (vii) assisting the parents to develop and use parenting skills that help the child 399.29achieve the goals outlined in the child's individual treatment plan or individual behavioral 399.30plan. Parenting skills must be directed exclusively to the child's treatment; and399.31    (5) direction of a mental health behavioral aide must include the following:399.32    (i) a total of one hour of on-site observation by a mental health professional during 399.33the first 12 hours of service provided to a child;399.34    (ii) ongoing on-site observation by a mental health professional or mental health 399.35practitioner for at least a total of one hour during every 40 hours of service provided 399.36to a child; and400.1    (iii) immediate accessibility of the mental health professional or mental health 400.2practitioner to the mental health behavioral aide during service provision.400.3    Sec. 19. Minnesota Statutes 2006, section 256B.0943, subdivision 11, is amended to 400.4read:400.5    Subd. 11. Documentation and billing. (a) A provider entity must document the 400.6services it provides under this section. The provider entity must ensure that the entity's 400.7documentation standards meet the requirements of federal and state laws. Services billed 400.8under this section that are not documented according to this subdivision shall be subject to 400.9monetary recovery by the commissioner. The provider entity may not bill for anything 400.10other than direct service time.400.11    (b) An individual mental health provider must promptly document the following 400.12in a client's record after providing services to the client:400.13    (1) each occurrence of the client's mental health service, including the date, type, 400.14length, and scope of the service;400.15    (2) the name of the person who gave the service;400.16    (3) contact made with other persons interested in the client, including representatives 400.17of the courts, corrections systems, or schools. The provider must document the name 400.18and date of each contact;400.19    (4) any contact made with the client's other mental health providers, case manager, 400.20family members, primary caregiver, legal representative, or the reason the provider did 400.21not contact the client's family members, primary caregiver, or legal representative, if 400.22applicable; and400.23    (5) required clinical supervision, as appropriate.400.24    Sec. 20. Minnesota Statutes 2006, section 256B.0943, subdivision 12, is amended to 400.25read:400.26    Subd. 12. Excluded services. The following services are not eligible for medical 400.27assistance payment as children's therapeutic services and supports:400.28    (1) service components of children's therapeutic services and supports 400.29simultaneously provided by more than one provider entity unless prior authorization is 400.30obtained;400.31    (2) children's therapeutic services and supports provided in violation of medical 400.32assistance policy in Minnesota Rules, part 9505.0220;401.1    (3) mental health behavioral aide services provided by a personal care assistant who 401.2is not qualified as a mental health behavioral aide and employed by a certified children's 401.3therapeutic services and supports provider entity;401.4    (4) service components of CTSS that are the responsibility of a residential or 401.5program license holder, including foster care providers under the terms of a service 401.6agreement or administrative rules governing licensure; and401.7    (5) adjunctive activities that may be offered by a provider entity but are not 401.8otherwise covered by medical assistance, including:401.9    (i) a service that is primarily recreation oriented or that is provided in a setting that 401.10is not medically supervised. This includes sports activities, exercise groups, activities 401.11such as craft hours, leisure time, social hours, meal or snack time, trips to community 401.12activities, and tours;401.13    (ii) a social or educational service that does not have or cannot reasonably be 401.14expected to have a therapeutic outcome related to the client's emotional disturbance;401.15    (iii) consultation with other providers or service agency staff about the care or 401.16progress of a client;401.17    (iv) prevention or education programs provided to the community; and401.18    (v) treatment for clients with primary diagnoses of alcohol or other drug abuse.; and401.19    (6) activities that are not direct service time.401.20    Sec. 21. Minnesota Statutes 2006, section 256E.35, subdivision 2, is amended to read:401.21    Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.401.22    (b) "Family asset account" means a savings account opened by a household 401.23participating in the Minnesota family assets for independence initiative.401.24    (c) "Fiduciary organization" means:401.25    (1) a community action agency that has obtained recognition under section 
         268.53401.26256E.31;401.27    (2) a federal community development credit union serving the seven-county 401.28metropolitan area; or401.29    (3) a women-oriented economic development agency serving the seven-county 401.30metropolitan area.401.31    (d) "Financial institution" means a bank, bank and trust, savings bank, savings 401.32association, or credit union, the deposits of which are insured by the Federal Deposit 401.33Insurance Corporation or the National Credit Union Administration.401.34    (e) "Permissible use" means:402.1    (1) postsecondary educational expenses at an accredited public postsecondary 402.2institution including books, supplies, and equipment required for courses of instruction;402.3    (2) acquisition costs of acquiring, constructing, or reconstructing a residence, 402.4including any usual or reasonable settlement, financing, or other closing costs;402.5    (3) business capitalization expenses for expenditures on capital, plant, equipment, 402.6working capital, and inventory expenses of a legitimate business pursuant to a business 402.7plan approved by the fiduciary organization; and402.8    (4) acquisition costs of a principal residence within the meaning of section 1034 of 402.9the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area 402.10purchase price applicable to the residence determined according to section 143(e)(2) and 402.11(3) of the Internal Revenue Code of 1986.402.12    (f) "Household" means all individuals who share use of a dwelling unit as primary 402.13quarters for living and eating separate from other individuals.402.14    Sec. 22. Minnesota Statutes 2006, section 518A.32, subdivision 3, is amended to read:402.15    Subd. 3. Parent not considered voluntarily unemployed or underemployed.402.16    A parent is not considered voluntarily unemployed or underemployed upon a showing 402.17by the parent that:402.18    (1) unemployment or underemployment is temporary and will ultimately lead to 402.19an increase in income; or402.20    (2) the unemployment or underemployment represents a bona fide career change that 402.21outweighs the adverse effect of that parent's diminished income on the child; or402.22    (3) the unemployment or underemployment is because a parent is physically or 402.23mentally incapacitated.402.24EFFECTIVE DATE.This section is effective retroactively from January 1, 2007.402.25    Sec. 23. Laws 2005, chapter 98, article 3, section 25, is amended to read:402.26    Sec. 25. REPEALER.402.27    Minnesota Statutes 2004, sections 
         245.713, subdivisions 2 and subdivision 4; 402.28245.716
         ; and 
         626.5551, subdivision 4, are repealed.402.29EFFECTIVE DATE.This section is effective retroactively from August 1, 2005.402.30    Sec. 24. FEDERAL GRANTS.402.31    The Board of Pharmacy shall apply for any applicable federal grants or other nonstate 402.32funds to establish and fully implement the prescription electronic reporting system.403.1EFFECTIVE DATE.This section is effective the day following final enactment.403.2    Sec. 25. BOARD OF PHARMACY.403.3    The Board of Pharmacy shall not increase the license fees of pharmacists or 403.4pharmacies in order to adequately fund the prescription electronic reporting system under 403.5Minnesota Statutes, section 152.126, without specific authority from the legislature.403.6EFFECTIVE DATE.This section is effective the day following final enactment.403.7    Sec. 26. BOARD OF MEDICAL PRACTICE.403.8    The Board of Medical Practice shall convene a work group to discuss the appropriate 403.9prescribing of controlled substances listed in Minnesota Statutes, section 152.02, 403.10subdivisions 3 and 4, and those substances defined by the Board of Pharmacy under 403.11Minnesota Statutes, section 152.02, subdivisions 7, 8, and 12, for pain management, and 403.12shall report to the legislature by December 15, 2007.403.13    Sec. 27.  REPEALER.403.14(a) Minnesota Statutes 2006, sections 254A.02, subdivisions 7, 9, 12, 14, 15, and 16; 403.15254A.085; 254A.086; 254A.12; 254A.14; 254A.15; 254A.16, subdivision 5; 254A.175; 403.16254A.18; 256J.561, subdivision 1; 256J.62, subdivision 9; and 256J.65, are repealed.403.17(b) Minnesota Rules, part 9503.0035, subpart 2, is repealed.403.18ARTICLE 12403.19MISCELLANEOUS403.20    Section 1. Minnesota Statutes 2006, section 16A.10, is amended by adding a 403.21subdivision to read:403.22    Subd. 2a.Base budget detail.Within one week of the release of the budget forecasts 403.23required in section 16A.102 in November of an even-numbered year and February of an 403.24odd-numbered year, the commissioner, after consulting with the commissioners of human 403.25services and health, must provide to the legislature information at the program, budget 403.26activity and management activity level for the base level budget of the Department of 403.27Human Services and the Department of Health for the next biennium. The information 403.28must be organized in a manner that explains how base level budget appropriations are 403.29projected to be spent. Within one week of the release of the budget forecasts required in 403.30section 16A.102 in November of an even-numbered year, the commissioner must also 404.1provide the legislature with the information submitted by the commissioners of human 404.2services and health under subdivision 2, clauses (3) and (4).404.3    Sec. 2. Minnesota Statutes 2006, section 62E.02, subdivision 7, is amended to read:404.4    Subd. 7. Dependent. "Dependent" means a spouse or unmarried child under the 404.5age of 19 years, a dependent child who is a student under the age of 25, or a dependent 404.6child of any age who is disabled.404.7EFFECTIVE DATE.This section is effective January 1, 2008, and applies to 404.8coverage offered, sold, issued, or renewed on or after that date.404.9    Sec. 3. Minnesota Statutes 2006, section 62H.02, is amended to read:404.1062H.02 REQUIRED PROVISIONS.404.11    (a) A joint self-insurance plan must include aggregate excess stop-loss coverage and 404.12individual excess stop-loss coverage provided by an insurance company licensed by the 404.13state of Minnesota. 404.14    (b) Aggregate excess stop-loss coverage must include provisions to cover incurred, 404.15unpaid claim liability in the event of plan termination. In addition,404.16    (c) The plan of self-insurance must have participating employers fund an amount at 404.17least equal to the point at which the excess or stop-loss insurer has contracted to assume 404.18100 percent of additional liability. 404.19    (d) A joint self-insurance plan must submit its proposed excess or stop-loss insurance 404.20contract to the commissioner of commerce at least 30 days prior to the proposed plan's 404.21effective date and at least 30 days subsequent to any renewal date. The commissioner shall 404.22review the contract to determine if they meet the standards established by sections 
         62H.01404.23to 
         62H.08 and respond within a 30-day period. 404.24    (e) Any excess or stop-loss insurance plan must contain a provision that the excess 404.25or stop-loss insurer will give the plan and the commissioner of commerce a minimum of 404.26180 days' notice of termination or nonrenewal. If the plan fails to secure replacement 404.27coverage within 60 days after receipt of the notice of cancellation or nonrenewal, the 404.28commissioner shall issue an order providing for the orderly termination of the plan. 404.29    (f) The commissioner may waive the requirements of this section and of any rule 404.30relating to the requirements of this section, if the commissioner determines that a joint 404.31self-insurance plan has established alternative arrangements that fully fund the plan's 404.32liability or incurred but unpaid claims. The commissioner may not waive the requirement 404.33that a joint self-insurance plan have excess stop-loss coverage. 405.1EFFECTIVE DATE.This section is effective the day following final enactment.405.2    Sec. 4. Minnesota Statutes 2006, section 62J.07, subdivision 1, is amended to read:405.3    Subdivision 1. Legislative oversight. The Legislative Commission on Health 405.4Care Access reviews the activities of the commissioner of health, the Health Technology 405.5Advisory Committee, and all other state agencies involved in the implementation and 405.6administration of this chapter, including efforts to obtain federal approval through waivers 405.7and other means shall make recommendations to the legislature on how to achieve the 405.8goal of universal health coverage as described in section 62Q.165. The recommendations 405.9shall include a timetable in which measurable progress must be achieved toward this goal. 405.10The commission shall submit to the legislature by January 15, 2008, the recommendations 405.11and corresponding timetable.405.12    Sec. 5. Minnesota Statutes 2006, section 62J.07, subdivision 3, is amended to read:405.13    Subd. 3. Reports to the commission. The commissionercommissioners of 405.14health, human services, commerce, and the Health Technology Advisory Committee shall 405.15report on their activities annually and at other times at the request of the Legislative 405.16Commission on Health Care Access. The commissioners of health, commerce, and human 405.17services shall provide periodic reports to the legislative commission on the progress of 405.18rulemaking that is authorized or required under this chapter and shall notify members 405.19of the commission when a draft of a proposed rule has been completed and scheduled 405.20for publication in the State Register. At the request of a member of the commission, 405.21a commissioner shall provide a description and a copy of a proposed rule other state 405.22agencies shall provide assistance and technical support to the commission at the request 405.23of the commission. The commission may convene subcommittees to provide additional 405.24assistance and advice to the commission.405.25    Sec. 6. Minnesota Statutes 2006, section 62L.02, subdivision 11, is amended to read:405.26    Subd. 11. Dependent. "Dependent" means an eligible employee's spouse, 405.27unmarried child who is under the age of 19 years, unmarried child under the age of 25 405.28years who is a full-time student as defined in section 62A.301, dependent child of any age 405.29who is disabled and who meets the eligibility criteria in section 
         62A.14, subdivision 2, 405.30or any other person whom state or federal law requires to be treated as a dependent for 405.31purposes of health plans. For the purpose of this definition, a child includes a child for 405.32whom the employee or the employee's spouse has been appointed legal guardian and an 405.33adoptive child as provided in section 
         62A.27. 406.1EFFECTIVE DATE.This section is effective January 1, 2008, and applies to 406.2coverage offered, sold, issued, and renewed on or after that date.406.3    Sec. 7. Minnesota Statutes 2006, section 144.05, is amended by adding a subdivision 406.4to read:406.5    Subd. 5.Base budget detail.The commissioner shall provide the commissioner 406.6of finance with the information necessary to provide base budget detail to the legislature 406.7under section 16A.10, subdivision 2a.406.8    Sec. 8. Minnesota Statutes 2006, section 151.37, subdivision 2, is amended to read:406.9    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of 406.10professional practice only, may prescribe, administer, and dispense a legend drug, and may 406.11cause the same to be administered by a nurse, a physician assistant, or medical student or 406.12resident under the practitioner's direction and supervision, and may cause a person who 406.13is an appropriately certified, registered, or licensed health care professional to prescribe, 406.14dispense, and administer the same within the expressed legal scope of the person's practice 406.15as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug, 406.16without reference to a specific patient, by directing a nurse, pursuant to section 
         148.235, 406.17subdivisions 8 and 9
         , physician assistant, or medical student or resident to adhere to 406.18a particular practice guideline or protocol when treating patients whose condition falls 406.19within such guideline or protocol, and when such guideline or protocol specifies the 406.20circumstances under which the legend drug is to be prescribed and administered. An 406.21individual who verbally, electronically, or otherwise transmits a written, oral, or electronic 406.22order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug. 406.23This paragraph applies to a physician assistant only if the physician assistant meets the 406.24requirements of section 
         147A.18. 406.25    (b) A licensed practitioner that dispenses for profit a legend drug that is to be 406.26administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 406.27file with the practitioner's licensing board a statement indicating that the practitioner 406.28dispenses legend drugs for profit, the general circumstances under which the practitioner 406.29dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 406.30dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 406.31with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 406.32any amount received by the practitioner in excess of the acquisition cost of a legend drug 406.33for legend drugs that are purchased in prepackaged form, or (2) any amount received 406.34by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 407.1making the drug available if the legend drug requires compounding, packaging, or other 407.2treatment. The statement filed under this paragraph is public data under section 
         13.03. 407.3This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 407.4pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 407.5dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 407.6To dispense for profit does not include dispensing by a community health clinic when the 407.7profit from dispensing is used to meet operating expenses. 407.8    (c) A prescription or drug order for a legend drug is not valid if it is based solely 407.9on an online questionnaire, unless it can be established that the prescription or order was 407.10based on a documented patient evaluation adequate to establish a diagnosis and identify 407.11underlying conditions and contraindications to treatment.407.12    Sec. 9. Minnesota Statutes 2006, section 152.11, is amended by adding a subdivision to 407.13read:407.14    Subd. 2d.Identification requirement for schedule II or III controlled substance.407.15    (a) No person may dispense a controlled substance included in schedule II or III without 407.16requiring the person purchasing the controlled substance, who need not be the person for 407.17whom the controlled substance prescription is written, to present valid photographic 407.18identification, unless the person purchasing the controlled substance, or if applicable the 407.19person for whom the controlled substance prescription is written, is known to the dispenser.407.20    (b) This subdivision applies only to purchases of controlled substances that are not 407.21covered, in whole or in part, by a health plan company or other third-party payor. The 407.22Board of Pharmacy shall report to the legislature by July 1, 2009, on the effect of this 407.23subdivision. The board shall include in the report the incidence of complaints, if any, 407.24generated by the requirements of this subdivision and whether this subdivision is creating 407.25barriers to pharmaceutical access.407.26    Sec. 10. Minnesota Statutes 2006, section 169A.70, subdivision 4, is amended to read:407.27    Subd. 4. Assessor standards; rules; assessment time limits. A chemical use 407.28assessment required by this section must be conducted by an assessor appointed by the 407.29court. The assessor must meet the training and qualification requirements of rules adopted 407.30by the commissioner of human services under section 
         254A.03, subdivision 3 (chemical 407.31dependency treatment rules). Notwithstanding section 
         13.82 (law enforcement data), the 407.32assessor shall have access to any police reports, laboratory test results, and other law 407.33enforcement data relating to the current offense or previous offenses that are necessary 407.34to complete the evaluation. An assessor providing an assessment under this section may 408.1not have any direct or shared financial interest or referral relationship resulting in shared 408.2financial gain with a treatment provider, except as authorized under section 254A.20, 408.3subdivision 3. If an independent assessor is not available, the court may use the services 408.4of an assessor authorized to perform assessments for the county social services agency 408.5under a variance granted under rules adopted by the commissioner of human services 408.6under section 
         254A.03, subdivision 3. An appointment for the defendant to undergo the 408.7assessment must be made by the court, a court services probation officer, or the court 408.8administrator as soon as possible but in no case more than one week after the defendant's 408.9court appearance. The assessment must be completed no later than three weeks after the 408.10defendant's court appearance. If the assessment is not performed within this time limit, the 408.11county where the defendant is to be sentenced shall perform the assessment. The county 408.12of financial responsibility must be determined under chapter 256G. 408.13EFFECTIVE DATE.This section is effective the day following final enactment.408.14    Sec. 11. Minnesota Statutes 2006, section 179A.03, subdivision 7, is amended to read:408.15    Subd. 7. Essential employee. "Essential employee" means firefighters, peace 408.16officers subject to licensure under sections 
         626.84 to 
         626.863, 911 system and police and 408.17fire department public safety dispatchers, guards at correctional facilities, confidential 408.18employees, supervisory employees, assistant county attorneys, assistant city attorneys, 408.19principals, and assistant principals. However, for state employees, "essential employee" 408.20means all employees, except for nonprofessional employees employed by the Department 408.21of Human Services in mental health facilities for the treatment of psychopathic 408.22personalities, sexual predators, and the criminally insane, in law enforcement, public 408.23safety radio communications operators, health care professionals, correctional guards, 408.24professional engineering, and supervisory collective bargaining units, irrespective of 408.25severance, and no other employees. For University of Minnesota employees, "essential 408.26employee" means all employees in law enforcement, nursing professional and supervisory 408.27units, irrespective of severance, and no other employees. "Firefighters" means salaried 408.28employees of a fire department whose duties include, directly or indirectly, controlling, 408.29extinguishing, preventing, detecting, or investigating fires. Employees for whom the state 408.30court administrator is the negotiating employer are not essential employees. For Hennepin 408.31Healthcare System, Inc. employees, "essential employees" means all employees.408.32EFFECTIVE DATE.This section is effective the day following final enactment.408.33    Sec. 12. [254A.20] CHEMICAL USE ASSESSMENTS.409.1    Subdivision 1.Persons arrested outside of home county.When a chemical use 409.2assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person 409.3who is arrested and taken into custody by a peace officer outside of the person's county 409.4of residence, the assessment must be completed by the person's county of residence no 409.5later than three weeks after the assessment is initially requested. If the assessment is 409.6not performed within this time limit, the county where the person is to be sentenced 409.7shall perform the assessment. The county of financial responsibility is determined under 409.8chapter 256G.409.9    Subd. 2.Probation officer as contact.When a chemical use assessment is required 409.10under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person who is on probation 409.11or under other correctional supervision, the assessor, either orally or in writing, shall 409.12contact the person's probation officer to verify or supplement the information provided 409.13by the person.409.14    Subd. 3.Financial conflicts of interest.(a) Except as provided in paragraph (b), an 409.15assessor conducting a chemical use assessment under Minnesota Rules, parts 9530.6600 409.16to 9530.6655, may not have any direct or shared financial interest or referral relationship 409.17resulting in shared financial gain with a treatment provider.409.18    (b) A county may contract with an assessor having a conflict described in paragraph 409.19(a) if the county documents that:409.20    (1) the assessor is employed by a culturally specific service provider or a service 409.21provider with a program designed to treat individuals of a specific age, sex, or sexual 409.22preference; 409.23    (2) the county does not employ a sufficient number of qualified assessors and the 409.24only qualified assessors available in the county have a direct or shared financial interest or 409.25a referral relationship resulting in shared financial gain with a treatment provider; or 409.26    (3) the county social service agency has an existing relationship with an assessor 409.27or service provider and elects to enter into a contract with that assessor to provide both 409.28assessment and treatment under circumstances specified in the county's contract, provided 409.29the county retains responsibility for making placement decisions.409.30    An assessor under this paragraph may not place clients in treatment. The assessor 409.31shall gather required information and provide it to the county along with any required 409.32documentation. The county shall make all placement decisions for clients assessed by 409.33assessors under this paragraph.409.34EFFECTIVE DATE.This section is effective July 1, 2007, except for subdivision 409.353, which is effective the day following final enactment.410.1    Sec. 13. Minnesota Statutes 2006, section 256.01, is amended by adding a subdivision 410.2to read:410.3    Subd. 25.Base budget detail.The commissioner shall provide the commissioner 410.4of finance with the information necessary to provide base budget detail to the legislature 410.5under section 16A.10, subdivision 2a.410.6    Sec. 14. [256B.0636] CONTROLLED SUBSTANCE PRESCRIPTIONS; ABUSE 410.7PREVENTION.410.8    The commissioner of human services shall develop and implement a plan to:410.9    (1) review utilization patterns of Minnesota health care program enrollees for 410.10controlled substances listed in section 152.02, subdivisions 3 and 4, and those substances 410.11defined by the Board of Pharmacy under section 152.02, subdivisions 8 and 12;410.12    (2) develop a mechanism to address abuses both for fee-for-service Minnesota health 410.13care program enrollees and those enrolled in managed care plans; and410.14    (3) provide education to Minnesota health care program enrollees on the proper use 410.15of controlled substances.410.16    For purposes of this section, "Minnesota health care program" means medical 410.17assistance, MinnesotaCare, or general assistance medical care.410.18    Sec. 15. Minnesota Statutes 2006, section 609.115, subdivision 8, is amended to read:410.19    Subd. 8. Chemical use assessment required. (a) If a person is convicted of a 410.20felony, the probation officer shall determine in the report prepared under subdivision 1 410.21whether or not alcohol or drug use was a contributing factor to the commission of the 410.22offense. If so, the report shall contain the results of a chemical use assessment conducted 410.23in accordance with this subdivision. The probation officer shall make an appointment for 410.24the defendant to undergo the chemical use assessment if so indicated.410.25    (b) The chemical use assessment report must include a recommended level of 410.26care for the defendant in accordance with the criteria contained in rules adopted by the 410.27commissioner of human services under section 
         254A.03, subdivision 3. The assessment 410.28must be conducted by an assessor qualified under rules adopted by the commissioner of 410.29human services under section 
         254A.03, subdivision 3. An assessor providing a chemical 410.30use assessment may not have any direct or shared financial interest or referral relationship 410.31resulting in shared financial gain with a treatment provider, except as authorized under 410.32section 254A.20, subdivision 3. If an independent assessor is not available, the probation 410.33officer may use the services of an assessor authorized to perform assessments for the 411.1county social services agency under a variance granted under rules adopted by the 411.2commissioner of human services under section 
         254A.03, subdivision 3. 411.3EFFECTIVE DATE.This section is effective the day following final enactment.411.4    Sec. 16. INTERPRETER SERVICES WORK GROUP.411.5    (a) The commissioner of health shall convene a work group of interested parties to 411.6discuss the provision of interpreter services to patients in medical and dental care settings.411.7    (b) The work group shall develop findings and recommendations on the following:411.8    (1) ensuring access to interpreter services;411.9    (2) compliance with requirements of federal law and guidance;411.10    (3) developing a quality assurance program to ensure the quality of health care 411.11interpreting services, including requirements for training and establishing a certification 411.12process; and411.13    (4) identifying broad-based funding mechanisms for interpreter services.411.14    (c) The work group shall report findings and recommendations to the commissioner 411.15of health and to the chairs of the health policy and finance committees in the house and 411.16senate by January 15, 2008.411.17    (d) The work group expires the day following the submission of the report required 411.18by paragraph (c).411.19EFFECTIVE DATE.This section is effective the day following final enactment.411.20    Sec. 17. AGRICULTURAL COOPERATIVE HEALTH PLAN FOR FARMERS.411.21    Subdivision 1.Pilot project requirements.Notwithstanding contrary provisions of 411.22Minnesota Statutes, chapter 62H, the following apply to a joint self-insurance pilot project 411.23administered by a trust sponsored by one or more agricultural cooperatives organized 411.24under Minnesota Statutes, chapter 308A, or under a federal charter for the purpose of 411.25offering health coverage to members of the cooperatives and their families, provided the 411.26project satisfies the other requirements of Minnesota Statutes, chapter 62H:411.27    (1) Minnesota Statutes, section 62H.02, paragraph (b), does not apply;411.28    (2) the notice period required under Minnesota Statutes, section 62H.02, paragraph 411.29(e), is 90 days;411.30    (3) a joint self-insurance plan may elect to treat the sale of a health plan to or for 411.31an employer that has only one eligible employee who has not waived coverage as the 411.32sale of an individual health plan as allowed under Minnesota Statutes, section 62L.02, 411.33subdivision 26;412.1    (4) Minnesota Statutes, section 297I.05, subdivision 12, paragraph (c), applies; and412.2    (5) the trust must pay the assessment for the Minnesota Comprehensive Health 412.3Association as provided under Minnesota Statutes, section 62E.11.412.4    Subd. 2.Evaluation and renewal.The pilot project authorized under this section 412.5is for a period of four years from the date of initial enrollment. The commissioner of 412.6commerce shall grant an extension of four additional years if the trust provides evidence 412.7that it remains in compliance with the requirements of this section and other applicable 412.8laws and rules. If the commissioner determines that the operation of the trust has not 412.9improved access, expanded health plan choices, or improved the affordability of health 412.10coverage for farm families, or that it has significantly damaged access, choice, or 412.11affordability for other consumers not enrolled in the trust, the commissioner shall provide 412.12at least 180 days' advance written notice to the trust and to the chairs of the senate and 412.13house finance and policy committees with jurisdiction over health and insurance of the 412.14commissioner's intention not to renew the pilot project at the expiration of a four-year 412.15period.412.16EFFECTIVE DATE.This section is effective the day following final enactment.412.17    Sec. 18. HEALTH PLAN PURCHASING POOL STUDY GROUP.412.18    Subdivision 1.Creation; membership.(a) A health plan purchasing pool study 412.19group is created to study and make recommendations regarding the creation of a voluntary, 412.20statewide health plan purchasing pool that would contract directly with providers to 412.21provide affordable health coverage to eligible Minnesota residents. The study group is 412.22composed of: 412.23    (1) three members of the senate appointed by the Subcommittee on Committees of 412.24the Committee on Rules and Administration, including one member of the minority;412.25    (2) three members of the house of representatives, two from the majority party 412.26appointed by the speaker of the house of representatives, and one from the minority party 412.27appointed by the minority leader of the house of representatives;412.28    (3) the attorney general or the attorney general's designated representative; 412.29    (4) three representatives of health care providers appointed as follows:412.30    (i) one member appointed by the governor;412.31    (ii) one member appointed by the speaker of the house; and412.32    (iii) one member appointed by the Subcommittee on Committees of the senate 412.33Committee on Rules and Administration;412.34    (5) one member selected by the American Federation of State, County, and 412.35Municipal employees;413.1    (6) one member selected by the Minnesota Association of Professional Employees;413.2    (7) one member selected by Education Minnesota;413.3    (8) one member selected by the Minnesota Business Partnership; and413.4    (9) one member selected by the Metropolitan Interdependent Business Organization.413.5All appointments made under this subdivision must be made within 30 days of the 413.6effective date of this act.413.7    (b) The attorney general or the attorney general's designee shall convene the first 413.8meeting of the study group. The study group shall select its chair at the first meeting.413.9    Subd. 2.Study; report.The study group shall study and make recommendations 413.10on the following issues related to the creation, maintenance, and funding of a voluntary, 413.11statewide health plan purchasing pool to provide comprehensive, cost-effective, and 413.12medically appropriate health coverage to all public and private employees in Minnesota 413.13and all Minnesota residents:413.14    (1) the creation of an independent public entity to administer the pool; 413.15    (2) eligibility and participation requirements for existing public and private health 413.16care purchasing pools, public and private employers, and residents of this state; 413.17    (3) how to contract directly with providers to provide comprehensive coverage for 413.18preventive, mental health, dental and other medical services, and comprehensive drug 413.19benefits to enrollees and maximize the cost savings and other efficiencies that a large 413.20purchasing pool  would be expected to generate without the need for a public subsidy; 413.21    (4) provisions that allow the pool to contract directly with health care providers 413.22to provide coverage to enrollees;413.23    (5) incentives designed to attract and retain the maximum number of enrollees; 413.24    (6) recommendations for the administration of the pool and the plans that will be 413.25available to enrollees including, but not limited to, recommendations to keep the pool 413.26solvent and profitable so that public subsidies are not necessary; and 413.27    (7) other elements the study group concludes are necessary or desirable for the 413.28pool to possess. 413.29    The study group shall submit its report and the draft legislation necessary to 413.30implement its recommendations to the chairs of the legislative committees and divisions 413.31with jurisdiction over health care policy and finance, the Health Care Access Commission, 413.32and the governor by February 1, 2008. 413.33    Subd. 3.Staffing.State agencies shall assist the study group with any requests for 413.34information the study group considers necessary to complete the study and report under 413.35subdivision 2.414.1    Subd. 4.Removal; vacancies; expenses.Removal of members, vacancies, and 414.2expenses for members shall be as provided in Minnesota Statutes, section 15.059.414.3    Subd. 5.Expiration.This section expires after the submission of the report as 414.4required in subdivision 2.414.5    Sec. 19. PREMIUM INCREASE REQUEST.414.6    If the cost of providing dependent coverage under the state employee group 414.7insurance program increases as a direct result of the change to dependent coverage made 414.8in Minnesota Statutes, section 62L.02, the commissioner of employee relations may 414.9request an appropriation from the health care access fund for the next fiscal year to cover 414.10the cost of the increase. The request must include documentation substantiating the cost 414.11increase and the amount incurred by each state agency.414.12    Sec. 20.  REPEALER.414.13Minnesota Statutes 2006, section 62A.301, is repealed, effective January 1, 2008.414.14ARTICLE 13414.15CHILDREN'S HEALTH PROGRAMS; MINNESOTACARE414.16    Section 1. Minnesota Statutes 2006, section 256B.057, is amended by adding a 414.17subdivision to read:414.18    Subd. 2c.Extended coverage for children.A child receiving medical assistance 414.19under subdivision 2, who becomes ineligible due to excess income, is eligible for two 414.20additional months of medical assistance. Eligibility under this section is effective 414.21following any coverage available under section 256B.0625.414.22    A child eligible for extended coverage under this section is deemed automatically 414.23eligible for MinnesotaCare until renewal. MinnesotaCare coverage begins in accordance 414.24with section 256L.05, subdivision 3.414.25EFFECTIVE DATE.This section is effective October 1, 2008, or upon federal 414.26approval, whichever is later.414.27    Sec. 2. Minnesota Statutes 2006, section 256L.04, subdivision 1, is amended to read:414.28    Subdivision 1. Families with children. (a) Families with children with family 414.29income equal to or less than 275 percent of the federal poverty guidelines for the 414.30applicable family size shall be eligible for MinnesotaCare according to this section. All 415.1other provisions of sections 
         256L.01 to 
         256L.18, including the insurance-related barriers 415.2to enrollment under section 
         256L.07, shall apply unless otherwise specified. 415.3    (b) Parents who enroll in the MinnesotaCare program must also enroll their children, 415.4if the children are eligible. Children may be enrolled separately without enrollment by 415.5parents. However, if one parent in the household enrolls, both parents must enroll, unless 415.6other insurance is available. If one child from a family is enrolled, all children must 415.7be enrolled, unless other insurance is available. If one spouse in a household enrolls, 415.8the other spouse in the household must also enroll, unless other insurance is available. 415.9Families cannot choose to enroll only certain uninsured members.415.10    (c) Beginning October 1, 2003, the dependent sibling definition no longer applies 415.11to the MinnesotaCare program. These persons are no longer counted in the parental 415.12household and may apply as a separate household.415.13    (d) Beginning July 1, 2003, or upon federal approval, whichever is later, parents are 415.14not eligible for MinnesotaCare if their gross income exceeds $50,000.415.15    (e) Children formerly enrolled in medical assistance and automatically deemed 415.16eligible for MinnesotaCare according to section 256B.057, subdivision 2c, are exempt 415.17from the requirements of this section until renewal.415.18EFFECTIVE DATE.This section is effective October 1, 2008, or upon federal 415.19approval, whichever is later.415.20    Sec. 3. Minnesota Statutes 2006, section 256L.07, is amended by adding a subdivision 415.21to read:415.22    Subd. 7.Exception for certain children.Children formerly enrolled in medical 415.23assistance and automatically deemed eligible for MinnesotaCare according to section 415.24256B.057, subdivision 2c, are exempt from the requirements of this section until renewal.415.25EFFECTIVE DATE.This section is effective October 1, 2008, or upon federal 415.26approval, whichever is later.415.27    Sec. 4. [256L.22] DEFINITION; CHILDREN'S HEALTH PROGRAM.415.28    For purposes of sections 256L.22 to 256L.28, "children's health program" means 415.29the medical assistance and MinnesotaCare programs to the extent medical assistance and 415.30MinnesotaCare provide health coverage to children.415.31EFFECTIVE DATE.This section is effective October 1, 2008, or upon federal 415.32approval, whichever is later.416.1    Sec. 5. [256L.24] HEALTH CARE ELIGIBILITY FOR CHILDREN.416.2    Subdivision 1.Applicability.This section applies to children who are enrolled in a 416.3children's health program.416.4    Subd. 2.Application procedure.The commissioner shall develop an application 416.5form for children's health programs for children that is easily understandable and does not 416.6exceed four pages in length. The provisions of section 256L.05, subdivision 1, apply.416.7    Subd. 3.Premiums.Children enrolled in MinnesotaCare shall pay premiums as 416.8provided in section 256L.15, except that notwithstanding section 256L.15, subdivision 3, 416.9children in families with incomes at or below 200 percent of the federal poverty guidelines 416.10shall pay a monthly premium of $4.416.11    Subd. 4.Eligibility renewal.The commissioner shall require children enrolled in 416.12MinnesotaCare to renew eligibility every 12 months.416.13    Subd. 5.Employer-subsidized coverage.Section 256L.07, subdivision 2, does 416.14not apply to children.416.15EFFECTIVE DATE.This section is effective October 1, 2008, or upon federal 416.16approval, whichever is later.416.17    Sec. 6. [256L.26] ASSISTANCE TO APPLICANTS.416.18    The commissioner shall assist children in choosing a managed care organization 416.19to receive services under a children's health program, by:416.20    (1) establishing a Web site to provide information about managed care organizations 416.21and to allow online enrollment;416.22    (2) making applications and information on managed care organizations available 416.23to applicants and enrollees according to Title VI of the Civil Rights Act and federal 416.24regulations adopted under that law or any guidance from the United States Department of 416.25Health and Human Services; and416.26    (3) making benefit educators available to assist applicants in choosing a managed 416.27care organization.416.28EFFECTIVE DATE.This section is effective October 1, 2008, or upon federal 416.29approval, whichever is later.416.30    Sec. 7. [256L.28] FEDERAL APPROVAL.416.31    The commissioner shall seek all federal waivers and approvals necessary to 416.32implement sections 256L.22 to 256L.28, including, but not limited to, waivers and 416.33approvals necessary to:417.1    (1) coordinate medical assistance and MinnesotaCare coverage for children; and417.2    (2) maximize receipt of the federal medical assistance match for covered children, 417.3by increasing income standards through the use of more liberal income methodologies as 417.4provided under United States Code, title 42, sections 1396a and 1396u-1.417.5EFFECTIVE DATE.This section is effective October 1, 2008, or upon federal 417.6approval, whichever is later.417.7ARTICLE 14417.8HEALTH CARE REFORM POLICY417.9    Section 1. Minnesota Statutes 2006, section 62J.82, is amended to read:417.1062J.82 HOSPITAL CHARGEINFORMATION REPORTING DISCLOSURE.417.11    Subdivision 1.Required information. The Minnesota Hospital Association shall 417.12develop a Web-based system, available to the public free of charge, for reporting charge 417.13information the following, for Minnesota residents,:417.14    (1) hospital-specific performance on the measures of care developed under section 417.15256B.072 for acute myocardial infarction, heart failure, and pneumonia; 417.16    (2) by January 1, 2009, hospital-specific performance on the public reporting 417.17measures for hospital-acquired infections as published by the National Quality Forum 417.18and collected by the Minnesota Hospital Association and Stratis Health in collaboration 417.19with infection control practitioners; and 417.20    (3) charge information, including, but not limited to, number of discharges, average 417.21length of stay, average charge, average charge per day, and median charge, for each of the 417.2250 most common inpatient diagnosis-related groups and the 25 most common outpatient 417.23surgical procedures as specified by the Minnesota Hospital Association. 417.24    Subd. 2.Web site. The Web site must provide information that compares 417.25hospital-specific data to hospital statewide data. The Web site must be established by 417.26October 1, 2006, and must be updated annually. The commissioner shall provide a link to 417.27this reporting information on the department's Web site.417.28    Subd. 3.Enforcement.The commissioner shall provide a link to this information 417.29on the department's Web site. If a hospital does not provide this information to the 417.30Minnesota Hospital Association, the commissioner of health may require the hospital to 417.31do so in accordance with section 144.55, subdivision 6. The commissioner shall provide a 417.32link to this information on the department's Web site.418.1ARTICLE 15418.2HEALTH CARE REFORM418.3    Section 1. [62J.431] EVIDENCE-BASED HEALTH CARE GUIDELINES.418.4    Evidence-based guidelines must meet the following criteria:418.5    (1) the scope and application are clear;418.6    (2) authorship is stated and any conflicts of interest disclosed;418.7    (3) authors represent all pertinent clinical fields or other means of input have been 418.8used;418.9    (4) the development process is explicitly stated;418.10    (5) the guideline is grounded in evidence;418.11    (6) the evidence is cited and grated;418.12    (7) the document itself is clear and practical;418.13    (8) the document is flexible in use, with exceptions noted or provided for with 418.14general statements;418.15    (9) measures are included for use in systems improvement; and418.16    (10) the guideline has scheduled reviews and updating.418.17    Sec. 2. Minnesota Statutes 2006, section 62J.495, is amended to read:418.1862J.495 HEALTH INFORMATION TECHNOLOGY AND 418.19INFRASTRUCTURE ADVISORY COMMITTEE.418.20    Subdivision 1. Establishment; members; duties Implementation.By January 418.211, 2015, all hospitals and health care providers must have in place an interoperable 418.22electronic health records system within their hospital system or clinical practice setting. 418.23The commissioner of health, in consultation with the Health Information Technology and 418.24Infrastructure Advisory Committee, shall develop a statewide plan to meet this goal, 418.25including uniform standards to be used for the interoperable system for sharing and 418.26synchronizing patient data across systems. The standards must be compatible with federal 418.27efforts. The uniform standards must be developed by January 1, 2009, with a status report 418.28on the development of these standards submitted to the legislature by January 15, 2008.418.29    Subd. 2.Health Information Technology and Infrastructure Advisory 418.30Committee. (a) The commissioner shall establish a Health Information Technology 418.31and Infrastructure Advisory Committee governed by section 
         15.059 to advise the 418.32commissioner on the following matters:418.33    (1) assessment of the use of health information technology by the state, licensed 418.34health care providers and facilities, and local public health agencies;419.1    (2) recommendations for implementing a statewide interoperable health information 419.2infrastructure, to include estimates of necessary resources, and for determining standards 419.3for administrative data exchange, clinical support programs, patient privacy requirements, 419.4and maintenance of the security and confidentiality of individual patient data; and419.5    (3) recommendations for encouraging use of innovative health care applications 419.6using information technology and systems to improve patient care and reduce the cost 419.7of care, including applications relating to disease management and personal health 419.8management that enable remote monitoring of patients' conditions, especially those with 419.9chronic conditions; and 419.10    (4) other related issues as requested by the commissioner.419.11    (b) The members of the Health Information Technology and Infrastructure Advisory 419.12Committee shall include the commissioners, or commissioners' designees, of health, 419.13human services, administration, and commerce and additional members to be appointed 419.14by the commissioner to include persons representing Minnesota's local public health 419.15agencies, licensed hospitals and other licensed facilities and providers, private purchasers, 419.16the medical and nursing professions, health insurers and health plans, the state quality 419.17improvement organization, academic and research institutions, consumer advisory 419.18organizations with an interest and expertise in health information technology, and other 419.19stakeholders as identified by the Health Information Technology and Infrastructure 419.20Advisory Committee.419.21    Subd. 2.Annual report.(c) The commissioner shall prepare and issue an annual 419.22report not later than January 30 of each year outlining progress to date in implementing a 419.23statewide health information infrastructure and recommending future projects.419.24    Subd. 3.Expiration.(d) Notwithstanding section 
         15.059, this sectionsubdivision 419.25expires June 30, 2009 2015.419.26    Sec. 3. [62J.496] ELECTRONIC HEALTH RECORD SYSTEM REVOLVING 419.27ACCOUNT AND LOAN PROGRAM.419.28    Subdivision 1.Account establishment.An account is established to provide loans 419.29to eligible borrowers to assist in financing the installation or support of an interoperable 419.30health record system. The system must provide for the interoperable exchange of health 419.31care information between the applicant and, at a minimum, a hospital system, pharmacy, 419.32and a health care clinic or other physician group.419.33    Subd. 2.Eligibility.(a) "Eligible borrower" means one of the following:419.34    (1) community clinics, as defined under section 145.9268;420.1    (2) hospitals eligible for rural hospital capital improvement grants, as defined 420.2in section 144.148;420.3    (3) physician clinics located in a community with a population of less than 50,000 420.4according to United States Census Bureau statistics and outside the seven-county 420.5metropolitan area;420.6    (4) nursing facilities licensed under sections 144A.01 to 144A.27; and420.7    (5) other providers of health or health care services approved by the commissioner 420.8for which interoperable electronic health record capability would improve quality of 420.9care, patient safety, or community health.420.10    (b) To be eligible for a loan under this section, the applicant must submit a loan 420.11application to the commissioner of health on forms prescribed by the commissioner. The 420.12application must include, at a minimum:420.13    (1) the amount of the loan requested and a description of the purpose or project 420.14for which the loan proceeds will be used;420.15    (2) a quote from a vendor;420.16    (3) a description of the health care entities and other groups participating in the 420.17project;420.18    (4) evidence of financial stability and a demonstrated ability to repay the loan; and420.19    (5) a description of how the system to be financed interconnects or plans in the 420.20future to interconnect with other health care entities and provider groups located in the 420.21same geographical area.420.22    Subd. 3.Loans.(a) The commissioner of health may make a no interest loan 420.23to a provider or provider group who is eligible under subdivision 2 on a first-come, 420.24first-served basis provided that the applicant is able to comply with this section. The total 420.25accumulative loan principal must not exceed $1,500,000 per loan. The commissioner of 420.26health has discretion over the size and number of loans made.420.27    (b) The commissioner of health may prescribe forms and establish an application 420.28process and, notwithstanding section 16A.1283, may impose a reasonable nonrefundable 420.29application fee to cover the cost of administering the loan program. Any application 420.30fees imposed and collected under the electronic health records system revolving account 420.31and loan program in this section are appropriated to the commissioner of health for the 420.32duration of the loan program.420.33    (c) The borrower must begin repaying the principal no later than two years from the 420.34date of the loan. Loans must be amortized no later than six years from the date of the loan.420.35    (d) Repayments must be credited to the account.421.1    Subd. 4.Data classification.Data collected by the commissioner of health on the 421.2application to determine eligibility under subdivision 2 and to monitor borrowers' default 421.3risk or collect payments owed under subdivision 3 are (1) private data on individuals as 421.4defined in section 13.02, subdivision 12; and (2) nonpublic data as defined in section 421.513.02, subdivision 9. The names of borrowers and the amounts of the loans granted are 421.6public data.421.7    Sec. 4. [62J.536] UNIFORM ELECTRONIC TRANSACTIONS AND 421.8IMPLEMENTATION GUIDE STANDARDS.421.9    Subdivision 1.Electronic claims and eligibility transactions required.(a) 421.10Beginning January 15, 2009, all group purchasers must accept from health care providers 421.11the eligibility for a health plan transaction described under Code of Federal Regulations, 421.12title 45, part 162, subpart L. Beginning July 15, 2009, all group purchasers must accept 421.13from health care providers the health care claims or equivalent encounter information 421.14transaction described under Code of Federal Regulations, title 45, part 162, subpart K.421.15    (b) Beginning January 15, 2009, all group purchasers must transmit to providers the 421.16eligibility for a health plan transaction described under Code of Federal Regulations, title 421.1745, part 162, subpart L. Beginning December 1, 2009, all group purchasers must transmit 421.18to providers the health care payment and remittance advice transaction described under 421.19Code of Federal Regulations, title 45, part 162, subpart P.421.20    (c) Beginning January 15, 2009, all health care providers must submit to group 421.21purchasers the eligibility for a health plan transaction described under Code of Federal 421.22Regulations, title 45, part 162, subpart L. Beginning July 15, 2009, all health care 421.23providers must submit to group purchasers the health care claims or equivalent encounter 421.24information transaction described under Code of Federal Regulations, title 45, part 162, 421.25subpart K.421.26    (d) Beginning January 15, 2009, all health care providers must accept from group 421.27purchasers the eligibility for a health plan transaction described under Code of Federal 421.28Regulations, title 45, part 162, subpart L. Beginning December 15, 2009, all health care 421.29providers must accept from group purchasers the health care payment and remittance 421.30advice transaction described under Code of Federal Regulations, title 45, part 162, subpart 421.31P.421.32    (e) Each of the transactions described in paragraphs (a) to (d) shall require the use 421.33of a single, uniform companion guide to the implementation guides described under 421.34Code of Federal Regulations, title 45, part 162. The companion guides will be developed 421.35pursuant to subdivision 2.422.1    (f) Notwithstanding any other provisions in sections 62J.50 to 62J.61, all group 422.2purchasers and health care providers must exchange claims and eligibility information 422.3electronically using the transactions, companion guides, implementation guides, and 422.4timelines required under this subdivision. Group purchasers may not impose any fee on 422.5providers for the use of the transactions prescribed in this subdivision.422.6    (g) Nothing in this subdivision shall prohibit group purchasers and health care 422.7providers from using a direct data entry, Web-based methodology for complying with 422.8the requirements of this subdivision. Any direct data entry method for conducting 422.9the transactions specified in this subdivision must be consistent with the data content 422.10component of the single, uniform companion guides required in paragraph (e) and the 422.11implementation guides described under Code of Federal Regulations, title 45, part 162.422.12    Subd. 2.Establishing uniform, standard companion guides.(a) At least 12 422.13months prior to the timelines required in subdivision 1, the commissioner of health shall 422.14promulgate rules pursuant to section 62J.61 establishing and requiring group purchasers 422.15and health care providers to use the transactions and the uniform, standard companion 422.16guides required under subdivision 1, paragraph (e).422.17    (b) The commissioner of health must consult with the Minnesota Administrative 422.18Uniformity Committee on the development of the single, uniform companion guides 422.19required under subdivision 1, paragraph (e), for each of the transactions in subdivision 1. 422.20The single uniform companion guides required under subdivision 1, paragraph (e), must 422.21specify uniform billing and coding standards. The commissioner of health shall base the 422.22companion guides required under subdivision 1, paragraph (e), billing and coding rules, 422.23and standards on the Medicare program, with modifications that the commissioner deems 422.24appropriate after consulting the Minnesota Administrative Uniformity Committee.422.25    (c) No group purchaser or health care provider may add to or modify the single, 422.26uniform companion guides defined in subdivision 1, paragraph (e), through additional 422.27companion guides or other requirements.422.28    (d) In promulgating the rules in paragraph (a), the commissioner shall not require 422.29data content that is not essential to accomplish the purpose of the transactions in 422.30subdivision 1.422.31    Subd. 3.Definition.Notwithstanding section 62J.03, subdivision 8, for purposes of 422.32this section, "health care provider" includes licensed nursing homes, licensed boarding 422.33care homes, and licensed home care providers.422.34    Sec. 5. Minnesota Statutes 2006, section 62J.692, subdivision 1, is amended to read:423.1    Subdivision 1. Definitions. For purposes of this section, the following definitions 423.2apply:423.3    (a) "Accredited clinical training" means the clinical training provided by a 423.4medical education program that is accredited through an organization recognized by the 423.5Department of Education, the Centers for Medicare and Medicaid Services, or another 423.6national body who reviews the accrediting organizations for multiple disciplines and 423.7whose standards for recognizing accrediting organizations are reviewed and approved by 423.8the commissioner of health in consultation with the Medical Education and Research 423.9Advisory Committee.423.10    (b) "Commissioner" means the commissioner of health.423.11    (c) "Clinical medical education program" means the accredited clinical training of 423.12physicians (medical students and residents), doctor of pharmacy practitioners, doctors 423.13of chiropractic, dentists, advanced practice nurses (clinical nurse specialists, certified 423.14registered nurse anesthetists, nurse practitioners, and certified nurse midwives), and 423.15physician assistants.423.16    (d) "Sponsoring institution" means a hospital, school, or consortium located in 423.17Minnesota that sponsors and maintains primary organizational and financial responsibility 423.18for a clinical medical education program in Minnesota and which is accountable to the 423.19accrediting body.423.20    (e) "Teaching institution" means a hospital, medical center, clinic, or other 423.21organization that conducts a clinical medical education program in Minnesota.423.22    (f) "Trainee" means a student or resident involved in a clinical medical education 423.23program.423.24    (g) "Eligible trainee FTEs FTE's" means the number of trainees, as measured by 423.25full-time equivalent counts, that are at training sites located in Minnesota with acurrently 423.26active medical assistance provider numberenrollment status and a National Provider 423.27Identification (NPI) number where training occurs in either an inpatient or ambulatory 423.28patient care setting and where the training is funded, in part, by patient care revenues.423.29Training that occurs in nursing facility settings is not eligible for funding under this section.423.30EFFECTIVE DATE.This section is effective January 1, 2008.423.31    Sec. 6. Minnesota Statutes 2006, section 62J.692, subdivision 4, is amended to read:423.32    Subd. 4. Distribution of funds. (a) Following the distribution described under 423.33paragraph (b), the commissioner shall annually distribute 90 percent ofthe available 423.34medical education funds to all qualifying applicants based on a distribution formula that 423.35reflects a summation of two factors:424.1    (1) an education factor, which is determined by the total number of eligible trainee 424.2FTEs and the total statewide average costs per trainee, by type of trainee, in each clinical 424.3medical education program; and424.4    (2) a public program volume factor, which is determined by the total volume of 424.5public program revenue received by each training site as a percentage of all public 424.6program revenue received by all training sites in the fund pool; and424.7    (2) a supplemental public program volume factor, which is determined by providing 424.8a supplemental payment of 20 percent of each training site's grant to training sites whose 424.9public program revenue accounted for at least 0.98 percent of the total public program 424.10revenue received by all eligible training sites. Grants to training sites whose public 424.11program revenue accounted for less than 0.98 percent of the total public program revenue 424.12received by all eligible training sites shall be reduced by an amount equal to the total 424.13value of the supplemental payment.424.14    In this formula, the education factor is weighted at 67 percent and the public program 424.15volume factor is weighted at 33 percent.424.16    Public program revenue for the distribution formula includes revenue from medical 424.17assistance, prepaid medical assistance, general assistance medical care, and prepaid 424.18general assistance medical care. Training sites that receive no public program revenue 424.19are ineligible for funds available under this paragraph subdivision.  For purposes of 424.20determining training-site level grants to be distributed under paragraph (a), total statewide 424.21average costs per trainee for medical residents is based on audited clinical training costs 424.22per trainee in primary care clinical medical education programs for medical residents. 424.23Total statewide average costs per trainee for dental residents is based on audited clinical 424.24training costs per trainee in clinical medical education programs for dental students. Total 424.25statewide average costs per trainee for pharmacy residents is based on audited clinical 424.26training costs per trainee in clinical medical education programs for pharmacy students.424.27    (b) The commissioner shall annually distribute ten percent of total available medical 424.28education funds to all qualifying applicants based on the percentage received by each 424.29applicant under paragraph (a). These funds are to be used to offset clinical education 424.30costs at eligible clinical training sites based on criteria developed by the clinical medical 424.31education program. Applicants may choose to distribute funds allocated under this 424.32paragraph based on the distribution formula described in paragraph (a). $5,350,000 of the 424.33available medical education funds shall be distributed as follows:424.34    (1) $1,475,000 to the University of Minnesota Medical Center-Fairview;424.35    (2) $2,075,000 to the University of Minnesota School of Dentistry; and424.36    (3) $1,800,000 to the Academic Health Center.425.1    (c) Funds distributed shall not be used to displace current funding appropriations 425.2from federal or state sources.425.3    (d) Funds shall be distributed to the sponsoring institutions indicating the amount 425.4to be distributed to each of the sponsor's clinical medical education programs based on 425.5the criteria in this subdivision and in accordance with the commissioner's approval letter. 425.6Each clinical medical education program must distribute funds allocated under paragraph 425.7(a) to the training sites as specified in the commissioner's approval letter. Sponsoring 425.8institutions, which are accredited through an organization recognized by the Department 425.9of Education or the Centers for Medicare and Medicaid Services, may contract directly 425.10with training sites to provide clinical training. To ensure the quality of clinical training, 425.11those accredited sponsoring institutions must:425.12    (1) develop contracts specifying the terms, expectations, and outcomes of the clinical 425.13training conducted at sites; and425.14    (2) take necessary action if the contract requirements are not met. Action may 425.15include the withholding of payments under this section or the removal of students from 425.16the site.425.17    (e) Any funds not distributed in accordance with the commissioner's approval letter 425.18must be returned to the medical education and research fund within 30 days of receiving 425.19notice from the commissioner. The commissioner shall distribute returned funds to the 425.20appropriate training sites in accordance with the commissioner's approval letter.425.21    (f) The commissioner shall distribute by June 30 of each year an amount equal to 425.22the funds transferred under subdivision 10, plus five percent interest to the University of 425.23Minnesota Board of Regents for the instructional costs of health professional programs 425.24at the Academic Health Center and for interdisciplinary academic initiatives within the 425.25Academic Health Center.425.26    (g) A maximum of $150,000 of the funds dedicated to the commissioner under 425.27section 
         297F.10, subdivision 1, paragraph (b), clause (2), may be used by the commissioner 425.28for administrative expenses associated with implementing this section.425.29EFFECTIVE DATE.This section is effective January 1, 2008.425.30    Sec. 7. Minnesota Statutes 2006, section 62J.692, subdivision 5, is amended to read:425.31    Subd. 5. Report. (a) Sponsoring institutions receiving funds under this section 425.32must sign and submit a medical education grant verification report (GVR) to verify that 425.33the correct grant amount was forwarded to each eligible training site. If the sponsoring 425.34institution fails to submit the GVR by the stated deadline, or to request and meet 425.35the deadline for an extension, the sponsoring institution is required to return the full 426.1amount of funds received to the commissioner within 30 days of receiving notice from 426.2the commissioner. The commissioner shall distribute returned funds to the appropriate 426.3training sites in accordance with the commissioner's approval letter.426.4    (b) The reports must provide verification of the distribution of the funds and must 426.5include:426.6    (1) the total number of eligible trainee FTEs in each clinical medical education 426.7program;426.8    (2) the name of each funded program and, for each program, the dollar amount 426.9distributed to each training site;426.10    (3) documentation of any discrepancies between the initial grant distribution notice 426.11included in the commissioner's approval letter and the actual distribution;426.12    (4) a statement by the sponsoring institution describing the distribution of funds 426.13allocated under subdivision 4, paragraph (b), including information on which clinical 426.14training sites received funding and the rationale used for determining funding priorities;426.15    (5) a statement by the sponsoring institution stating that the completed grant 426.16verification report is valid and accurate; and426.17    (6)(5) other information the commissioner, with advice from the advisory 426.18committee, deems appropriate to evaluate the effectiveness of the use of funds for medical 426.19education.426.20    (c) By February 15 of each year, the commissioner, with advice from the 426.21advisory committee, shall provide an annual summary report to the legislature on the 426.22implementation of this section.426.23EFFECTIVE DATE.This section is effective January 1, 2008.426.24    Sec. 8. Minnesota Statutes 2006, section 62J.692, subdivision 8, is amended to read:426.25    Subd. 8. Federal financial participation.(a) The commissioner of human 426.26services shall seek to maximize federal financial participation in payments for medical 426.27education and research costs. If the commissioner of human services determines that 426.28federal financial participation is available for the medical education and research, the 426.29commissioner of health shall transfer to the commissioner of human services the amount 426.30of state funds necessary to maximize the federal funds available. The amount transferred 426.31to the commissioner of human services, plus the amount of federal financial participation, 426.32shall be distributed to medical assistance providers in accordance with the distribution 426.33methodology described in subdivision 4.427.1    (b) For the purposes of paragraph (a), The commissioner shall use physician clinic 427.2rates where possible to maximize federal financial participation. Any additional funds that 427.3become available must be distributed under subdivision 4, paragraph (a).427.4EFFECTIVE DATE.This section is effective January 1, 2008.427.5    Sec. 9. Minnesota Statutes 2006, section 62J.81, subdivision 1, is amended to read:427.6    Subdivision 1. Required disclosure of estimated payment. (a) A health care 427.7provider, as defined in section 
         62J.03, subdivision 8, or the provider's designee as agreed 427.8to by that designee, shall, at the request of a consumer, and at no cost to the consumer 427.9or the consumer's employer, provide that consumer with a good faith estimate of the 427.10reimbursementallowable payment the provider expects to receive from the health plan 427.11company in which the consumer is enrolled has agreed to accept from the consumer's 427.12health plan company for the services specified by the consumer, specifying the amount of 427.13the allowable payment due from the health plan company. Health plan companies must 427.14allow contracted providers, or their designee, to release this information. A good faith 427.15estimate must also be made available at the request of a consumer who is not enrolled in 427.16a health plan company.If a consumer has no applicable public or private coverage, the 427.17health care provider must give the consumer, and at no cost to the consumer, a good faith 427.18estimate of the average allowable reimbursement the provider accepts as payment from 427.19private third-party payers for the services specified by the consumer and the estimated 427.20amount the noncovered consumer will be required to pay. Payment information provided 427.21by a provider, or by the provider's designee as agreed to by that designee, to a patient 427.22pursuant to this subdivision does not constitute a legally binding estimate of the allowable 427.23charge for or cost to the consumer of services. 427.24    (b) A health plan company, as defined in section 
         62J.03, subdivision 10, shall, at 427.25the request of an enrollee or the enrollee's designee, provide that enrollee with a good 427.26faith estimate of the reimbursementallowable amount the health plan company would 427.27expect to pay tohas contracted for with a specified provider within the network as total 427.28payment for a health care service specified by the enrollee and the portion of the allowable 427.29amount due from the enrollee and the enrollee's out-of-pocket costs. If requested by the 427.30enrollee, the health plan company shall also provide to the enrollee a good faith estimate 427.31of the enrollee's out-of-pocket cost for the health care service. An estimate provided to 427.32an enrollee under this paragraph is not a legally binding estimate of the reimbursement427.33allowable amount or enrollee's out-of-pocket cost.427.34EFFECTIVE DATE.This section is effective August 1, 2007.428.1    Sec. 10. [62Q.101] EVALUATION OF PROVIDER PERFORMANCE.428.2    A health plan company, or a vendor of risk management services as defined under 428.3section 60A.23, subdivision 8, shall, in evaluating the performance of a health care 428.4provider:428.5    (1) conduct the evaluation using a bona fide baseline based upon practice experience 428.6of the provider group; and428.7    (2) disclose the baseline to the health care provider in writing and prior to the 428.8beginning of the time period used for the evaluation.428.9    Sec. 11. Minnesota Statutes 2006, section 62Q.165, subdivision 1, is amended to read:428.10    Subdivision 1. Definition. It is the commitment of the state to achieve universal 428.11health coverage for all Minnesotans by the year 2011. Universal coverage is achieved 428.12when:428.13    (1) every Minnesotan has access to a full range of quality health care services;428.14    (2) every Minnesotan is able to obtain affordable health coverage which pays for the 428.15full range of services, including preventive and primary care; and428.16    (3) every Minnesotan pays into the health care system according to that person's 428.17ability.428.18EFFECTIVE DATE.This section is effective July 1, 2007.428.19    Sec. 12. Minnesota Statutes 2006, section 62Q.165, subdivision 2, is amended to read:428.20    Subd. 2. Goal. It is the goal of the state to make continuous progress toward 428.21reducing the number of Minnesotans who do not have health coverage so that by January 428.221, 2000, fewer than four percent of the state's population will be without health coverage428.232011, all Minnesota residents have access to affordable health care. The goal will be 428.24achieved by improving access to private health coverage through insurance reforms and 428.25market reforms, by making health coverage more affordable for low-income Minnesotans 428.26through purchasing pools and state subsidies, and by reducing the cost of health coverage 428.27through cost containment programs and methods of ensuring that all Minnesotans are 428.28paying into the system according to their ability.428.29EFFECTIVE DATE.This section is effective July 1, 2007.428.30    Sec. 13. Minnesota Statutes 2006, section 144.698, subdivision 1, is amended to read:428.31    Subdivision 1. Yearly reports. Each hospital and each outpatient surgical center, 428.32which has not filed the financial information required by this section with a voluntary, 429.1nonprofit reporting organization pursuant to section 
         144.702, shall file annually with the 429.2commissioner of health after the close of the fiscal year: 429.3    (1) a balance sheet detailing the assets, liabilities, and net worth of the hospital or 429.4outpatient surgical center;429.5    (2) a detailed statement of income and expenses;429.6    (3) a copy of its most recent cost report, if any, filed pursuant to requirements of 429.7Title XVIII of the United States Social Security Act;429.8    (4) a copy of all changes to articles of incorporation or bylaws;429.9    (5) information on services provided to benefit the community, including services 429.10provided at no cost or for a reduced fee to patients unable to pay, teaching and research 429.11activities, or other community or charitable activities;429.12    (6) information required on the revenue and expense report form set in effect on 429.13July 1, 1989, or as amended by the commissioner in rule;429.14    (7) information on changes in ownership or control; and429.15    (8) other information required by the commissioner in rule.;429.16    (9) information on the number of available hospital beds that are dedicated to certain 429.17specialized services, as designated by the commissioner, and annual occupancy rates for 429.18those beds, separately for adult and pediatric care;429.19    (10) from outpatient surgical centers, the total number of surgeries; and429.20    (11) a report on health care capital expenditures during the previous year, as required 429.21by section 62J.17.429.22    Sec. 14. [145.985] HEALTH PROMOTION AND WELLNESS.429.23    Community health boards as defined in section 145A.02, subdivision 5, may work 429.24with schools, health care providers, and others to coordinate health and wellness programs 429.25in their communities. In order to meet the requirements of this section, community 429.26health boards may:429.27    (1) provide instruction, technical assistance, and recommendations on how to 429.28evaluate project outcomes;429.29    (2) assist with on-site health and wellness programs utilizing volunteers and others 429.30addressing health and wellness topics including smoking, nutrition, obesity, and others; and429.31    (3) encourage health and wellness programs consistent with the Centers for Disease 429.32Control and Prevention's Community Guide and goals consistent with the Centers for 429.33Disease Control and Prevention's Healthy People 2010 initiative.429.34    Sec. 15. Minnesota Statutes 2006, section 256.01, subdivision 2b, is amended to read:430.1    Subd. 2b. Performance payments.(a) The commissioner shall develop and 430.2implement a pay-for-performance system to provide performance payments to eligible430.3medical groups and clinics that demonstrate optimum care in serving individuals 430.4with chronic diseases who are enrolled in health care programs administered by the 430.5commissioner under chapters 256B, 256D, and 256L. The commissioner may receive any 430.6federal matching money that is made available through the medical assistance program 430.7for managed care oversight contracted through vendors, including consumer surveys, 430.8studies, and external quality reviews as required by the federal Balanced Budget Act of 430.91997, Code of Federal Regulations, title 42, part 438-managed care, subpart E-external 430.10quality review. Any federal money received for managed care oversight is appropriated 430.11to the commissioner for this purpose. The commissioner may expend the federal money 430.12received in either year of the biennium.430.13    (b) Upon federal approval the commissioner shall develop and implement a patient 430.14incentive health program to provide incentives and rewards to patients who are enrolled in 430.15health care programs administered by the commissioner under chapters 256B, 256D, and 430.16256L, and who have agreed to and have met personal health goals established with the 430.17patients' primary care providers to manage a chronic disease or condition, including but 430.18not limited to diabetes, high blood pressure, and coronary artery disease.430.19    Sec. 16. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 430.20subdivision to read:430.21    Subd. 49.Provider-directed care coordination services.The commissioner 430.22shall develop and implement a provider-directed care coordination program for medical 430.23assistance recipients who are not enrolled in the prepaid medical assistance program and 430.24who are receiving services on a fee-for-service basis. This program provides payment 430.25to primary care clinics for care coordination for people who have complex and chronic 430.26medical conditions. Clinics must meet certain criteria such as the capacity to develop care 430.27plans; have a dedicated care coordinator; and have an adequate number of fee-for-service 430.28clients, evaluation mechanisms, and quality improvement processes to qualify for 430.29reimbursement. For purposes of this subdivision, a primary care clinic is a medical clinic 430.30designated as the patient's first point of contact for medical care, available 24 hours a 430.31day, seven days a week, that provides or arranges for the patient's comprehensive health 430.32care needs, and provides overall integration, coordination and continuity over time and 430.33referrals for specialty care.430.34EFFECTIVE DATE.This section is effective January 1, 2008.431.1    Sec. 17. HEALTH CARE PAYMENT SYSTEM REFORM.431.2    Subdivision 1.Payment reform plan.The commissioners of employee relations, 431.3human services, commerce, and health shall develop a plan for promoting and facilitating 431.4changes in payment rates and methods for paying for health care services, drugs, devices, 431.5supplies, and equipment in order to:431.6    (1) reward the provision of cost-effective primary and preventive care;431.7    (2) reward the use of evidence-based care;431.8    (3) discourage underutilization, overuse, and misuse;431.9    (4) reward the use of the most cost-effective settings, drugs, devices, providers, 431.10and treatments; and431.11    (5) encourage consumers to maintain good health and use the health care system 431.12appropriately.431.13    In developing the plan, the commissioners shall analyze existing data to determine 431.14specific services and health conditions for which changes in payment rates and methods 431.15would lead to significant improvements in quality of care. The commissioners shall 431.16include a definition of the term "quality" for uniform understanding of the plan's impact.431.17    Subd. 2.Report.The commissioners shall submit a report to the legislature by 431.18December 15, 2007, describing the payment reform plan. The report must include 431.19proposed legislation for implementing those components of the plan requiring legislative 431.20action or appropriations of money.431.21EFFECTIVE DATE.This section is effective July 1, 2007.431.22    Sec. 18. COMMUNITY INITIATIVES TO COVER UNINSURED AND 431.23UNDERINSURED.431.24    Subdivision 1.Community partnerships.The commissioner of health shall 431.25provide planning grants to up to three community partnerships that satisfy the requirements 431.26in this section. A community partnership is eligible for a grant if the community 431.27partnership includes:431.28    (1) at least one county;431.29    (2) at least one local hospital;431.30    (3) at least one local employer who collectively provides at least 300 jobs in the 431.31community;431.32    (4) at least one school system;431.33    (5) at least one of the following:431.34    (i) one or more integrated health care clinics or physician groups. For purposes of 431.35this section, "integrated health care" means integrated mental health and primary care; or432.1    (ii) one or more health care clinics or physician groups and one or more mental 432.2health clinics; and432.3    (6) a third-party payer, which may include a county-based purchasing plan, an 432.4employer, or a health plan company.432.5    Subd. 2Proposal requirements.The planning grants shall be used by community 432.6partnerships to develop a comprehensive proposal to provide affordable health care 432.7services to uninsured and underinsured individuals with chronic health conditions through 432.8an integrated community partnership system. A community partnership requesting a 432.9planning grant must submit to the commissioner a planning proposal that includes:432.10    (1) methods for identifying potential uninsured or underinsured individuals and 432.11patients who have or who are at risk of developing a chronic health condition;432.12    (2) methods to integrate and coordinate medical, mental health, and chemical health 432.13services with services provided through county social services, corrections, public health, 432.14school districts, and health care providers;432.15    (3) providing early intervention and prevention activities; and432.16    (4) methods to identify and support accountability across public and private systems, 432.17including means to measure outcomes and economic savings from providing services 432.18through an integrated system.432.19    Subd. 3.Planning grant criteria.(a) Proposals for planning grants shall be 432.20submitted to the commissioner. Preference shall be given to planning proposals that:432.21    (1) have broad community support from local business, providers, counties, and 432.22other public and private organizations;432.23    (2) propose to provide services to uninsured or underinsured individuals of every 432.24age who have or are at risk of developing multiple, co-occurring chronic conditions;432.25    (3) integrate or coordinate resources from multiple sources; and432.26    (4) demonstrate how administrative costs for health plan companies and providers 432.27can be reduced through greater simplification, coordination, consolidation, standardization, 432.28reducing billing errors, or other methods.432.29    (b) Community partnerships receiving a planning grant under this section shall 432.30submit their proposed initiatives to the commissioner by December 15, 2007.432.31    (c) The commissioner shall submit a report to the legislature by February 15, 2008, 432.32that:432.33    (1) identifies the community partnerships that received a planning grant under this 432.34section; and432.35    (2) summarizes the planned initiatives submitted to the commissioner based on 432.36the requirements in this section.433.1    Sec. 19. CARE COORDINATION PILOT PROJECTS.433.2    Subdivision 1.Pilot projects.(a) The commissioner of human services shall 433.3develop and administer up to four pilot projects for children and adults with complex 433.4health care needs who are enrolled in fee-for-service medical assistance, to the extent 433.5permitted by federal requirements. At least two of the grantees must focus on children 433.6with autism or children with complex/multi-diagnoses physical conditions. The purpose 433.7of the projects is to pilot primary care clinic models of care delivery focused on care 433.8coordination and family involvement in order to:433.9    (1) incent and support the provision of cost-effective primary and preventive care;433.10    (2) reward the use of evidence-based care;433.11    (3) reward coordination of care for patients with chronic conditions;433.12    (4) discourage overuse and misuse of high cost services;433.13    (5) reward the use of the most cost-effective settings, drugs, devices, providers, 433.14and treatments; and433.15    (6) encourage consumers to maintain good health and use the health care system 433.16appropriately.433.17    (b) The pilot projects must involve the use of designated care professionals or 433.18clinics to serve as a patient's medical home and be responsible for coordinating health 433.19care services across the continuum of care. 433.20    Subd. 2.Requirements.In order to be designated a pilot project, health care 433.21professionals or clinics must demonstrate the ability to:433.22    (1) be the patient's first point of contact by telephone or other means, 24 hours per 433.23day, seven days a week;433.24    (2) provide or arrange for patients' comprehensive health care needs, including the 433.25ability to structure planned chronic disease visits and train and support the caregivers to 433.26effectively monitor and manage the person's health condition;433.27    (3) coordinate patients' care when care must be provided outside the medical home;433.28    (4) provide longitudinal care, not just episodic care, including meeting long-term 433.29and unique personal needs; and433.30    (5) systematically improve quality of care using, among other inputs, patient 433.31feedback.433.32    Subd. 3.Evaluation.Pilot projects must be evaluated based on patient satisfaction, 433.33provider satisfaction, clinical process and outcome measures, program costs and savings, 433.34and economic impact on health care providers. Pilot projects must be evaluated based 433.35on the extent to which the medical home:434.1    (1) coordinated health care services across the continuum of care and thereby 434.2reduced duplication of services and enhanced communication across providers;434.3    (2) provided safe and high-quality care by increasing utilization of effective 434.4treatments, reduced use of ineffective treatments, reduced barriers to essential care and 434.5services, and eliminated barriers to access;434.6    (3) reduced unnecessary hospitalizations and emergency room visits and increased 434.7use of cost-effective care and settings;434.8    (4) encouraged long-term patient and provider relationships by shifting from 434.9episodic care to consistent, coordinated communication and care with a specified team of 434.10providers or individual providers;434.11    (5) engaged and educated consumers by encouraging shared patient and provider 434.12responsibility and accountability for disease prevention, health promotion, chronic 434.13disease management, acute care, and overall well-being, encouraging informed medical 434.14decision-making, ensuring the availability of accurate medical information, and facilitated 434.15the transfer of accurate medical information;434.16    (6) fostered the expansion of a technology infrastructure that supports collaboration; 434.17and434.18    (7) reduced overall health care costs as compared to conventional payment methods 434.19for similar patient populations.434.20    Subd. 4.Rulemaking.The commissioner is exempt from administrative rulemaking 434.21under chapter 14 for purposes of developing, administering, contracting for, and evaluating 434.22pilot projects under this section. The commissioner shall publish a proposed request for 434.23proposals in the State Register and allow 30 days for comment before issuing the final 434.24request for proposals.434.25    Subd. 5.Care coordination payments.Grantees under this section are not eligible 434.26for care coordination payments under Minnesota Statutes, section 256B.0625, subdivision 434.2749.434.28    Sec. 20. MERC DISTRIBUTION FORMULA.434.29    The commissioner of health shall evaluate the effect of the 2007 revisions to the 434.30medical education and research costs (MERC) distribution formula adopted in this act 434.31on sponsoring institutions and clinical training sites with low numbers of eligible trainee 434.32full-time equivalents. The commissioner shall present to the legislature, by January 15, 434.332009, any recommendations for changes in the MERC distribution formula necessary to 434.34ensure the financial viability of clinical medical education at these sponsoring institutions 434.35and clinical training sites.435.1    Sec. 21. HEALTH CARE TRANSFORMATION TASK FORCE.435.2    Subdivision 1.Task force.(a) The governor shall convene a health care 435.3transformation task force to advise and assist the governor and the Minnesota legislature 435.4regarding activities to transform the health care system, and to develop a statewide action 435.5plan as provided under subdivision 3. The task force shall consist of:435.6    (1) two legislators from the house of representatives appointed by the speaker, and 435.7two legislators from the senate appointed by the Subcommittee on Committees of the 435.8Committee on Rules and Administration;435.9    (2) four representatives of the governor and state agencies, appointed by the 435.10governor;435.11    (3) four persons appointed by the governor who have demonstrated leadership in 435.12health care organizations, health improvement initiatives, health care trade or professional 435.13associations, or other collaborative health system improvement activities;435.14    (4) four persons appointed by the governor who have demonstrated leadership in 435.15employer and group purchaser activities related to health system improvement, at least 435.16two of which must be from a labor organization; and435.17    (5) one person appointed by the governor who has demonstrated public or private 435.18sector leadership and innovation.435.19    The governor is exempt from the requirements of the open appointments process for 435.20purposes of appointing task force members.435.21    (b) The Department of Health shall provide staff support to the task force. The task 435.22force may accept outside resources to help support its efforts.435.23    Subd. 2.Public and stakeholder engagement.(a) The commissioner of health 435.24shall review available research, and conduct statewide, regional, and local surveys, focus 435.25groups, and other activities as needed to fill gaps in existing research, to determine 435.26Minnesotans' values, preferences, opinions, and perceptions related to health care and to 435.27the issues confronting the task force, and shall report the findings to the task force.435.28    (b) The task force shall seek information, advice, and assistance from private-sector 435.29groups that are collaborating across health care industry sectors, business, labor, consumer, 435.30and stakeholder groups to assist the task force, legislature, and governor in planning and 435.31implementing health system changes to achieve the goals and timelines established by the 435.32task force as specified in subdivision 3.435.33    Subd. 3.Duties.(a) The task force shall, by August 1, 2007, establish overall goals, 435.34timelines, and guiding principles for transforming the health care system to improve 435.35affordability, quality, access, and the health status of Minnesotans.436.1    (b) By December 15, 2007, the task force shall develop and present to the legislature 436.2and the governor a statewide action plan for transforming the health care system to 436.3improve affordability, quality, access, and the health status of Minnesotans. The plan shall 436.4include draft legislation needed to implement the plan. The plan may consist of legislative 436.5actions, administrative actions of governmental entities, collaborative actions, and actions 436.6of individuals and individual organizations. Among other things, the action plan must 436.7include the following, with specific and measurable goals and deadlines for each:436.8    (1) proposed action that will reduce the rate of growth in health care spending in 436.9Minnesota by ten percent per year for the next five years;436.10    (2) actions that will increase the affordable health coverage options for uninsured 436.11and underinsured Minnesotans and other strategies that will ensure all Minnesotans will 436.12have health coverage by January 2011;436.13    (3) actions to improve the quality and safety of health care and reduce racial and 436.14ethnic disparities in access and quality;436.15    (4) actions that will improve the health status of Minnesotans and reduce the rate of 436.16preventable chronic illness through prevention, public health, and wellness initiatives;436.17    (5) proposed changes to state health care purchasing and payment strategies used for 436.18state health care programs and state employees that will promote higher quality, lower 436.19cost health care through incentives that reward prevention and early intervention, use 436.20of cost-effective primary care, effective care coordination, and management of chronic 436.21disease;436.22    (6) actions that will promote the appropriate and cost-effective investment in new 436.23facilities, technologies, and drugs;436.24    (7) on options for serving small employers and their employees, and self-employed 436.25individuals; and436.26    (8) actions to reduce administrative costs.436.27    Sec. 22.  REPEALER.436.28(a) Minnesota Statutes 2006, section 62J.052, subdivision 1, is repealed effective 436.29August 1, 2007.436.30(b) Minnesota Statutes 2006, section 62J.692, subdivision 10, is repealed effective 436.31January 1, 2008.437.1ARTICLE 16437.2PUBLIC HEALTH POLICY437.3    Section 1. Minnesota Statutes 2006, section 16B.61, is amended by adding a 437.4subdivision to read:437.5    Subd. 3b.Window fall prevention device code.The commissioner of labor and 437.6industry shall adopt rules for window fall prevention devices as part of the state Building 437.7Code. Window fall prevention devices include, but are not limited to, safety screens, 437.8hardware, guards, and other devices that comply with the standards established by the 437.9commissioner of labor and industry. The rules shall require compliance with standards 437.10for window fall prevention devices developed by ASTM International, contained in the 437.11International Building Code as the model language with amendments deemed necessary to 437.12coordinate with the other adopted building codes in Minnesota. The rules shall establish a 437.13scope that includes the applicable building occupancies, and the types, locations, and sizes 437.14of windows that will require the installation of fall devices. The rules will be effective July 437.151, 2009. The commissioner shall report to the legislature on the status of the rulemaking 437.16on or before February 15, 2008.437.17    Sec. 2. Minnesota Statutes 2006, section 103I.101, subdivision 6, is amended to read:437.18    Subd. 6. Fees for variances. The commissioner shall charge a nonrefundable 437.19application fee of $175 $215 to cover the administrative cost of processing a request for a 437.20variance or modification of rules adopted by the commissioner under this chapter.437.21EFFECTIVE DATE.This section is effective July 1, 2008.437.22    Sec. 3. Minnesota Statutes 2006, section 103I.208, subdivision 1, is amended to read:437.23    Subdivision 1. Well notification fee. The well notification fee to be paid by a 437.24property owner is:437.25    (1) for a new water supply well, $175 $215, which includes the state core function 437.26fee;437.27    (2) for a well sealing, $35 $50 for each well, which includes the state core function 437.28fee, except that for monitoring wells constructed on a single property, having depths 437.29within a 25 foot range, and sealed within 48 hours of start of construction, a single fee of 437.30$35 $50; and437.31    (3) for construction of a dewatering well, $175 $215, which includes the state core 437.32function fee, for each dewatering well except a dewatering project comprising five or 438.1more dewatering wells shall be assessed a single fee of $875 $1,075 for the dewatering 438.2wells recorded on the notification.438.3EFFECTIVE DATE.This section is effective July 1, 2008.438.4    Sec. 4. Minnesota Statutes 2006, section 103I.208, subdivision 2, is amended to read:438.5    Subd. 2. Permit fee. The permit fee to be paid by a property owner is:438.6    (1) for a water supply well that is not in use under a maintenance permit, $150 $175438.7annually;438.8    (2) for construction of a monitoring well, $175 $215, which includes the state 438.9core function fee;438.10    (3) for a monitoring well that is unsealed under a maintenance permit, $150 $175438.11annually;438.12    (4) for monitoring wells used as a leak detection device at a single motor fuel retail 438.13outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural 438.14chemical facility site, the construction permit fee is $175 $215, which includes the state 438.15core function fee, per site regardless of the number of wells constructed on the site, and 438.16the annual fee for a maintenance permit for unsealed monitoring wells is $150 $175 per 438.17site regardless of the number of monitoring wells located on site;438.18    (5) for a groundwater thermal exchange device, in addition to the notification fee for 438.19water supply wells, $175 $215, which includes the state core function fee;438.20    (6) for a vertical heat exchanger, $175 $215;438.21    (7) for a dewatering well that is unsealed under a maintenance permit, $150 $175438.22annually for each dewatering well, except a dewatering project comprising more than five 438.23dewatering wells shall be issued a single permit for $750 $875 annually for dewatering 438.24wells recorded on the permit; and438.25    (8) for an elevator boring, $175 $215 for each boring.438.26EFFECTIVE DATE.This section is effective July 1, 2008.438.27    Sec. 5. Minnesota Statutes 2006, section 103I.235, subdivision 1, is amended to read:438.28    Subdivision 1. Disclosure of wells to buyer. (a) Before signing an agreement to 438.29sell or transfer real property, the seller must disclose in writing to the buyer information 438.30about the status and location of all known wells on the property, by delivering to the buyer 438.31either a statement by the seller that the seller does not know of any wells on the property, 438.32or a disclosure statement indicating the legal description and county, and a map drawn 438.33from available information showing the location of each well to the extent practicable. 439.1In the disclosure statement, the seller must indicate, for each well, whether the well is in 439.2use, not in use, or sealed.439.3    (b) At the time of closing of the sale, the disclosure statement information, name and 439.4mailing address of the buyer, and the quartile, section, township, and range in which each 439.5well is located must be provided on a well disclosure certificate signed by the seller or a 439.6person authorized to act on behalf of the seller.439.7    (c) A well disclosure certificate need not be provided if the seller does not know 439.8of any wells on the property and the deed or other instrument of conveyance contains 439.9the statement: "The Seller certifies that the Seller does not know of any wells on the 439.10described real property."439.11    (d) If a deed is given pursuant to a contract for deed, the well disclosure certificate 439.12required by this subdivision shall be signed by the buyer or a person authorized to act on 439.13behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure 439.14certificate is not required if the following statement appears on the deed followed by the 439.15signature of the grantee or, if there is more than one grantee, the signature of at least one 439.16of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the 439.17described real property." The statement and signature of the grantee may be on the front 439.18or back of the deed or on an attached sheet and an acknowledgment of the statement by 439.19the grantee is not required for the deed to be recordable.439.20    (e) This subdivision does not apply to the sale, exchange, or transfer of real property:439.21    (1) that consists solely of a sale or transfer of severed mineral interests; or439.22    (2) that consists of an individual condominium unit as described in chapters 515 439.23and 515B.439.24    (f) For an area owned in common under chapter 515 or 515B the association or other 439.25responsible person must report to the commissioner by July 1, 1992, the location and 439.26status of all wells in the common area. The association or other responsible person must 439.27notify the commissioner within 30 days of any change in the reported status of wells.439.28    (g) For real property sold by the state under section 
         92.67, the lessee at the time of 439.29the sale is responsible for compliance with this subdivision.439.30    (h) If the seller fails to provide a required well disclosure certificate, the buyer, or 439.31a person authorized to act on behalf of the buyer, may sign a well disclosure certificate 439.32based on the information provided on the disclosure statement required by this section 439.33or based on other available information.439.34    (i) A county recorder or registrar of titles may not record a deed or other instrument 439.35of conveyance dated after October 31, 1990, for which a certificate of value is required 439.36under section 
         272.115, or any deed or other instrument of conveyance dated after October 440.131, 1990, from a governmental body exempt from the payment of state deed tax, unless 440.2the deed or other instrument of conveyance contains the statement made in accordance 440.3with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all 440.4the information required by paragraph (b) or (d). The county recorder or registrar of titles 440.5must not accept a certificate unless it contains all the required information. The county 440.6recorder or registrar of titles shall note on each deed or other instrument of conveyance 440.7accompanied by a well disclosure certificate that the well disclosure certificate was 440.8received. The notation must include the statement "No wells on property" if the disclosure 440.9certificate states there are no wells on the property. The well disclosure certificate shall not 440.10be filed or recorded in the records maintained by the county recorder or registrar of titles. 440.11After noting "No wells on property" on the deed or other instrument of conveyance, the 440.12county recorder or registrar of titles shall destroy or return to the buyer the well disclosure 440.13certificate. The county recorder or registrar of titles shall collect from the buyer or the 440.14person seeking to record a deed or other instrument of conveyance, a fee of $40 $45440.15for receipt of a completed well disclosure certificate. By the tenth day of each month, 440.16the county recorder or registrar of titles shall transmit the well disclosure certificates 440.17to the commissioner of health. By the tenth day after the end of each calendar quarter, 440.18the county recorder or registrar of titles shall transmit to the commissioner of health 440.19$32.50 $37.50 of the fee for each well disclosure certificate received during the quarter. 440.20The commissioner shall maintain the well disclosure certificate for at least six years. The 440.21commissioner may store the certificate as an electronic image. A copy of that image 440.22shall be as valid as the original.440.23    (j) No new well disclosure certificate is required under this subdivision if the buyer 440.24or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed 440.25or other instrument of conveyance that the status and number of wells on the property 440.26have not changed since the last previously filed well disclosure certificate. The following 440.27statement, if followed by the signature of the person making the statement, is sufficient 440.28to comply with the certification requirement of this paragraph: "I am familiar with the 440.29property described in this instrument and I certify that the status and number of wells on 440.30the described real property have not changed since the last previously filed well disclosure 440.31certificate." The certification and signature may be on the front or back of the deed or on 440.32an attached sheet and an acknowledgment of the statement is not required for the deed or 440.33other instrument of conveyance to be recordable.440.34    (k) The commissioner in consultation with county recorders shall prescribe the form 440.35for a well disclosure certificate and provide well disclosure certificate forms to county 440.36recorders and registrars of titles and other interested persons.441.1    (l) Failure to comply with a requirement of this subdivision does not impair:441.2    (1) the validity of a deed or other instrument of conveyance as between the parties 441.3to the deed or instrument or as to any other person who otherwise would be bound by 441.4the deed or instrument; or441.5    (2) the record, as notice, of any deed or other instrument of conveyance accepted for 441.6filing or recording contrary to the provisions of this subdivision.441.7EFFECTIVE DATE.This section is effective July 1, 2008.441.8    Sec. 6. Minnesota Statutes 2006, section 144.123, is amended to read:441.9144.123 FEES FOR DIAGNOSTIC LABORATORY SERVICES; 441.10EXCEPTIONS.441.11    Subdivision 1. Who must pay. Except for the limitation contained in this section, 441.12the commissioner of health shall charge a handling fee for each specimen submitted to 441.13the Department of Health for analysis for diagnostic purposes by any hospital, private 441.14laboratory, private clinic, or physician. No fee shall be charged to any entity which 441.15receives direct or indirect financial assistance from state or federal funds administered by 441.16the Department of Health, including any public health department, nonprofit community 441.17clinic, venereal sexually transmitted disease clinic, family planning clinic, or similar 441.18entity. No fee will be charged for any biological materials submitted to the Department 441.19of Health as a requirement of Minnesota Rules, part 4605.7040, or for those biological 441.20materials requested by the department to gather information for disease prevention or 441.21control purposes. The commissioner of health may establish by rule other exceptions to 441.22the handling fee as may be necessary to gather information for epidemiologic purposes441.23protect the public's health. All fees collected pursuant to this section shall be deposited in 441.24the state treasury and credited to the state government special revenue fund.441.25    Subd. 2. Rules for Fee amounts. The commissioner of health shall promulgate 441.26rules, in accordance with chapter 14, which shall specify the amount of the charge a441.27handling fee prescribed in subdivision 1. The fee shall approximate the costs to the 441.28department of handling specimens including reporting, postage, specimen kit preparation, 441.29and overhead costs. The fee prescribed in subdivision 1 shall be $15 $25 per specimen 441.30until the commissioner promulgates rules pursuant to this subdivision.441.31    Sec. 7. Minnesota Statutes 2006, section 144.125, is amended to read:441.32144.125 TESTS OF INFANTS FOR HERITABLE AND CONGENITAL 441.33DISORDERS.442.1    Subdivision 1. Duty to perform testing. It is the duty of (1) the administrative 442.2officer or other person in charge of each institution caring for infants 28 days or less 442.3of age, (2) the person required in pursuance of the provisions of section 
         144.215, to 442.4register the birth of a child, or (3) the nurse midwife or midwife in attendance at the 442.5birth, to arrange to have administered to every infant or child in its care tests for heritable 442.6and congenital disorders according to subdivision 2 and rules prescribed by the state 442.7commissioner of health. Testing and the recording and reporting of test results shall be 442.8performed at the times and in the manner prescribed by the commissioner of health. The 442.9commissioner shall charge laboratory service fees a fee so that the total of fees collected 442.10will approximate the costs of conducting the tests and implementing and maintaining a 442.11system to follow-up infants with heritable or congenital disorders, including hearing loss 442.12detected through the early hearing detection and intervention program under section 442.13144.966. The laboratory service fee is $61 $101 per specimen. Costs associated with 442.14capital expenditures and the development of new procedures may be prorated over a 442.15three-year period when calculating the amount of the fees. 442.16    Subd. 2. Determination of tests to be administered. The commissioner shall 442.17periodically revise the list of tests to be administered for determining the presence of a 442.18heritable or congenital disorder. Revisions to the list shall reflect advances in medical 442.19science, new and improved testing methods, or other factors that will improve the public 442.20health. In determining whether a test must be administered, the commissioner shall take 442.21into consideration the adequacy of laboratory analytical methods to detect the heritable 442.22or congenital disorder, the ability to treat or prevent medical conditions caused by the 442.23heritable or congenital disorder, and the severity of the medical conditions caused by the 442.24heritable or congenital disorder. The list of tests to be performed may be revised if the 442.25changes are recommended by the advisory committee established under section 
         144.1255, 442.26approved by the commissioner, and published in the State Register. The revision is 442.27exempt from the rulemaking requirements in chapter 14, and sections 
         14.385 and 
         14.386442.28do not apply. 442.29    Subd. 3. Objection of parents to test. Persons with a duty to perform testing under 442.30subdivision 1 shall advise parents of infants (1) that the blood or tissue samples used to 442.31perform testing thereunder as well as the results of such testing may be retained by the 442.32Department of Health, (2) the benefit of retaining the blood or tissue sample, and (3) that 442.33the following options are available to them with respect to the testing: (i) to decline to 442.34have the tests, or (ii) to elect to have the tests but to require that all blood samples and 442.35records of test results be destroyed within 24 months of the testing. If the parents of 442.36an infant object in writing to testing for heritable and congenital disorders or elect to 443.1require that blood samples and test results be destroyed, the objection or election shall 443.2be recorded on a form that is signed by a parent or legal guardian and made part of the 443.3infant's medical record. A written objection exempts an infant from the requirements of 443.4this section and section 
         144.128. 443.5    Sec. 8. Minnesota Statutes 2006, section 144.9507, is amended by adding a subdivision 443.6to read:443.7    Subd. 6.Medical assistance.Medical assistance reimbursement for lead risk 443.8assessment services under section 256B.0625, subdivision 49, shall not be used to replace 443.9or decrease existing state or local funding for lead services and lead-related activities.443.10    Sec. 9. Minnesota Statutes 2006, section 144.9512, is amended to read:443.11144.9512 LEAD ABATEMENT PROGRAM.443.12    Subdivision 1. Definitions. (a) The definitions in section 
         144.9501 and in this 443.13subdivision apply to this section.443.14    (b) "Eligible organization" means a lead contractor, city, board of health, community 443.15health department, community action agency as defined in section 256E.30, or community 443.16development corporation.443.17    (c) "Commissioner" means the commissioner of health, or the commissioner of the 443.18Minnesota Housing Finance Agency as authorized by section 462A.05, subdivision 15c.443.19    Subd. 2. Grants; administration. Within the limits of the available appropriation, 443.20the commissioner must develop a swab team services program which may shall make 443.21demonstration and training grants to eligible organizationsa nonprofit organization 443.22currently operating the CLEARCorps lead hazard reduction project to train workers to 443.23provide swab team services and swab team services for residential property. Grants may 443.24be awarded to nonprofit organizations to provide technical assistance and training to 443.25ensure quality and consistency within the statewide program. Grants must be awarded to 443.26help ensure full-time employment to workers providing swab team services and must be 443.27awarded for a two-year period.443.28    Grants awarded under this section must be made in consultation with the 443.29commissioner of the Housing Finance Agency and representatives of neighborhood 443.30groups from areas at high risk for toxic lead exposure, a labor organization, the lead 443.31coalition, community action agencies, and the legal aid society. The consulting team must 443.32review grant applications and recommend awards to eligible organizations that meet 443.33requirements for receiving a grant under this section.444.1    Subd. 3.Applicants.(a) Interested eligible organizations may apply to the 444.2commissioner for grants under this section. Two or more eligible organizations may 444.3jointly apply for a grant. Priority shall be given to community action agencies in greater 444.4Minnesota and to either community action agencies or neighborhood based nonprofit 444.5organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may 444.6be used for administrative purposes. The commissioner may deviate from this percentage 444.7if a grantee can justify the need for a larger administrative allowance. Of this amount, 444.8up to five percent may be used by the commissioner for state administrative purposes. 444.9Applications must provide information requested by the commissioner, including at least 444.10the information required to assess the factors listed in paragraph (d).444.11    (b) The commissioner must consult with boards of health to provide swab team 444.12services for purposes of secondary prevention. The priority for swab teams created 444.13by grants to eligible organizations under this section must be work assigned by the 444.14commissioner of health, or by a board of health if so designated by the commissioner of 444.15health, to provide secondary prevention swab team services to fulfill the requirements 444.16of section 144.9504, subdivision 6, in response to a lead order. Swab teams assigned 444.17work under this section by the commissioner, that are not engaged daily in fulfilling the 444.18requirements of section 144.9504, subdivision 6, must deliver swab team services in 444.19response to elevated blood lead levels as defined in section 144.9501, subdivision 9, 444.20where lead orders were not issued, and for purposes of primary prevention in census 444.21tracts known to be in areas at high risk for toxic lead exposure as described in section 444.22144.9503, subdivision 2.444.23    (c) Any additional money must be used for grants to establish swab teams for 444.24primary prevention under section 144.9503, in census tracts in areas at high risk for toxic 444.25lead exposure as determined under section 144.9503, subdivision 2.444.26    (d) In evaluating grant applications, the commissioner must consider the following 444.27criteria:444.28    (1) the use of lead contractors and lead workers for residential swab team services;444.29    (2) the participation of neighborhood groups and individuals, as swab team workers, 444.30in areas at high risk for toxic lead exposure;444.31    (3) plans for the provision of swab team services for primary and secondary 444.32prevention as required under subdivision 4;444.33    (4) plans for supervision, training, career development, and postprogram placement 444.34of swab team members;444.35    (5) plans for resident and property owner education on lead safety;445.1    (6) plans for distributing cleaning supplies to area residents and educating residents 445.2and property owners on cleaning techniques;445.3    (7) sources of other funding and cost estimates for training, lead inspections, swab 445.4team services, equipment, monitoring, testing, and administration;445.5    (8) measures of program effectiveness;445.6    (9) coordination of program activities with other federal, state, and local public 445.7health, job training, apprenticeship, and housing renovation programs including programs 445.8under sections 116L.86 to 116L.881; and445.9    (10) prior experience in providing swab team services.445.10    Subd. 4. Lead supervisor or certified firm Eligible grant activities. (a) Eligible 445.11organizations and lead supervisors or certified firms may participate in the swab team 445.12program. An eligible organization The nonprofit receiving a grant under this section 445.13must assure ensure that all participating lead supervisors or certified firms are licensed 445.14and that all swab team workers are certified by the Department of Health under section 445.15144.9505
         . Eligible organizations and lead supervisors or certified firms may distinguish 445.16between interior and exterior services in assigning duties and The nonprofit organization445.17may participate in the program by: 445.18    (1) providing on-the-job training for swab team workers;445.19    (2) providing swab team services to meet the requirements of sections 
         144.9503, 445.20subdivision 4
         , and 
         144.9504, subdivision 6; 445.21    (3) providing a removal and replacement component using skilled craft workers 445.22under subdivision 7 lead hazard reduction to meet the requirements of section 144.9501, 445.23subdivision 17;445.24    (4) providing lead testing according to subdivision 8;445.25    (5) (4) providing lead dust cleaning supplies cleanup equipment and materials, as 445.26described in section 
         144.9507 144.9503, subdivision 4, paragraph (c) 1, to residents; or445.27    (6) (5) having a swab team worker instruct residents and property owners on 445.28appropriate lead control techniques, including the lead-safe directives developed by the 445.29commissioner of health.;445.30    (6) conducting blood lead testing events including screening children and pregnant 445.31women according to Department of Health screening guidelines;445.32    (7) performing case management services according to Department of Health case 445.33management guidelines; or445.34    (8) conducting mandated risk assessments under Minnesota Statutes, section 445.35144.9504, subdivision 2.445.36    (b) Participating lead supervisors or certified firms must:446.1    (1) demonstrate proof of workers' compensation and general liability insurance 446.2coverage;446.3    (2) be knowledgeable about lead abatement requirements established by the 446.4Department of Housing and Urban Development and the Occupational Safety and Health 446.5Administration and lead hazard reduction requirements and lead-safe directives of the 446.6commissioner of health;446.7    (3) demonstrate experience with on-the-job training programs;446.8    (4) demonstrate an ability to recruit employees from areas at high risk for toxic 446.9lead exposure; and446.10    (5) demonstrate experience in working with low-income clients.446.11    Subd. 5. Swab team workers. Each worker engaged in swab team services 446.12established under this section must have blood lead concentrations below 15 micrograms 446.13of lead per deciliter of whole blood as determined by a baseline blood lead screening. 446.14Any The nonprofit organization receiving a grant under this section is responsible for lead 446.15screening and must assure ensure that all swab team workers meet the standards established 446.16in this subdivision. Grantees The nonprofit organization must use appropriate workplace 446.17procedures including following the lead-safe directives developed by the commissioner of 446.18health to reduce risk of elevated blood lead levels. Grantees The nonprofit organization446.19and participating contractors must report all employee blood lead levels that exceed 15 446.20micrograms of lead per deciliter of whole blood to the commissioner of health.446.21    Subd. 6.On-the-job training component.(a) Programs established under this 446.22section must provide on-the-job training for swab team workers.446.23    (b) Swab team workers must receive monetary compensation equal to the prevailing 446.24wage as defined in section 177.42, subdivision 6, for comparable jobs in the licensed 446.25contractor's principal business. 446.26    Subd. 7.Removal and replacement component.(a) Within the limits of the 446.27available appropriation and if a need is identified by a lead inspector, the commissioner 446.28may establish a component for removal and replacement of deteriorated paint in residential 446.29properties according to the following criteria:446.30    (1) components within a residence must have both deteriorated lead-based paint and 446.31substrate damage beyond repair or rotting wooden framework to be eligible for removal 446.32and replacement;446.33    (2) all removal and replacement must be done using least-cost methods and 446.34following lead-safe directives;446.35    (3) whenever windows and doors or other components covered with deteriorated 446.36lead-based paint have sound substrate or are not rotting, those components should be 447.1repaired, sent out for stripping, planed down to remove deteriorated lead-based paint, or 447.2covered with protective guards instead of being replaced, provided that such an activity is 447.3the least-cost method of providing the swab team service;447.4    (4) removal and replacement or repair must be done by lead contractors using skilled 447.5craft workers or trained swab team members; and447.6    (5) all craft work that requires a state license must be supervised by a person with 447.7a state license in the craft work being supervised. The grant recipient may contract for 447.8this supervision.447.9    (b) The program design must:447.10    (1) identify the need for on-the-job training of swab team workers to be removal and 447.11replacement workers; and447.12    (2) describe plans to involve appropriate groups in designing methods to meet the 447.13need for training swab team workers.447.14    Subd. 8.Testing and evaluation.(a) Testing of the environment is not necessary 447.15by swab teams whose work is assigned by the commissioner of health or a designated 447.16board of health under section 144.9504. The commissioner of health or designated board 447.17of health must share the analytical testing data collected on each residence for purposes 447.18of secondary prevention under section 144.9504 with the swab team workers in order to 447.19provide constructive feedback on their work and to the commissioner for the purposes 447.20set forth in paragraph (c).447.21    (b) For purposes of primary prevention evaluation, the following samples must be 447.22collected: pretesting and posttesting of one noncarpeted floor dust lead sample and a 447.23notation of the extent and location of bare soil and of deteriorated lead-based paint. The 447.24analytical testing data collected on each residence for purposes of primary prevention 447.25under section 144.9503 must be shared with the swab team workers in order to provide 447.26constructive feedback on their work and to the commissioner for the purposes set forth in 447.27paragraph (c).447.28    (c) The commissioner of health must establish a program to collect appropriate data 447.29as required under paragraphs (a) and (b), in order to conduct an ongoing evaluation of 447.30swab team services for primary and secondary prevention. Within the limits of available 447.31appropriations, the commissioner of health must conduct on up to 1,000 residences which 447.32have received primary or secondary prevention swab team services, a postremediation 447.33evaluation, on at least a quarterly basis for a period of at least two years for each residence. 447.34The evaluation must note the condition of the paint within the residence, the extent of bare 447.35soil on the grounds, and collect and analyze one noncarpeted floor dust lead sample. 447.36The data collected must be evaluated to determine the efficacy of providing swab team 448.1services as a method of reducing lead exposure in young children. In evaluating this data, 448.2the commissioner of health must consider city size, community location, historic traffic 448.3flow, soil lead level of the property by area or census tract, distance to industrial point 448.4sources that emit lead, season of the year, age of the housing, age and number of children 448.5living at the residence, the presence of pets that move in and out of the residence, and 448.6other relevant factors as the commissioner of health may determine.448.7    Subd. 9. Program benefits. As a condition of providing swab team services under 448.8this section, an the nonprofit organization may require a property owner to not increase 448.9rents on a property solely as a result of a substantial improvement made with public 448.10funds under the programs in this section.448.11    Subd. 10. Requirements of organizations receiving grants the nonprofit 448.12organization.An eligible The nonprofit organization that is awarded a training and 448.13demonstration grant under this section must prepare and submit a quarterly progress report 448.14to the commissioner beginning three months after receipt of the grant.448.15    Sec. 10. [144.966] EARLY HEARING DETECTION AND INTERVENTION 448.16PROGRAM.448.17    Subdivision 1.Definitions.(a) "Child" means a person 18 years of age or younger.448.18    (b) "False positive rate" means the proportion of infants identified as having a 448.19significant hearing loss by the screening process who are ultimately found to not have a 448.20significant hearing loss.448.21    (c) "False negative rate" means the proportion of infants not identified as having 448.22a significant hearing loss by the screening process who are ultimately found to have a 448.23significant hearing loss.448.24    (d) "Hearing screening test" means automated auditory brain stem response, 448.25otoacoustic emissions, or another appropriate screening test approved by the Department 448.26of Health.448.27    (e) "Hospital" means a birthing health care facility or birthing center licensed in 448.28this state that provides obstetrical services.448.29    (f) "Infant" means a child who is not a newborn and has not attained the age of 448.30one year.448.31    (g) "Newborn" means an infant 28 days of age or younger.448.32    (h) "Parent" means a natural parent, stepparent, adoptive parent, guardian, or 448.33custodian of a newborn or infant.449.1    Subd. 2.Newborn Hearing Screening Advisory Committee.(a) The 449.2commissioner of health shall establish a Newborn Hearing Screening Advisory Committee 449.3to advise and assist the Department of Health and the Department of Education in:449.4    (1) developing protocols and timelines for screening, rescreening, and diagnostic 449.5audiological assessment and early medical, audiological, and educational intervention 449.6services for children who are deaf or hard-of-hearing;449.7    (2) designing protocols for tracking children from birth through age three that may 449.8have passed newborn screening but are at risk for delayed or late onset of permanent 449.9hearing loss;449.10    (3) designing a technical assistance program to support facilities implementing the 449.11screening program and facilities conducting rescreening and diagnostic audiological 449.12assessment;449.13    (4) designing implementation and evaluation of a system of follow-up and tracking; 449.14and449.15    (5) evaluating program outcomes to increase effectiveness and efficiency and ensure 449.16culturally appropriate services for children with a confirmed hearing loss and their families.449.17    (b) The commissioner of health shall appoint at least one member from each of the 449.18following groups with no less than two of the members being deaf or hard-of-hearing:449.19    (1) a representative from a consumer organization representing culturally deaf 449.20persons;449.21    (2) a parent with a child with hearing loss representing a parent organization;449.22    (3) a consumer from an organization representing oral communication options;449.23    (4) a consumer from an organization representing cued speech communication 449.24options;449.25    (5) an audiologist who has experience in evaluation and intervention of infants 449.26and young children;449.27    (6) a speech-language pathologist who has experience in evaluation and intervention 449.28of infants and young children;449.29    (7) two primary care providers who have experience in the care of infants and young 449.30children, one of which shall be a pediatrician;449.31    (8) a representative from the early hearing detection intervention teams;449.32    (9) a representative from the Department of Education resource center for the deaf 449.33and hard-of-hearing or the representative's designee;449.34    (10) a representative of the Minnesota Commission Serving Deaf and Hard of 449.35Hearing People;450.1    (11) a representative from the Department of Human Services Deaf and Hard of 450.2Hearing Services Division;450.3    (12) one or more of the Part C coordinators from the Department of Education, 450.4the Department of Health, or the Department of Human Services or the department's 450.5designees;450.6    (13) the Department of Health early hearing detection and intervention coordinator;450.7    (14) two birth hospital representatives from one rural and one urban hospital;450.8    (15) a pediatric geneticist;450.9    (16) an otolaryngologist;450.10    (17) a representative from the Newborn Screening Advisory Committee under 450.11this subdivision; and450.12    (18) a representative of the Department of Education regional low-incidence 450.13facilitators.450.14The commissioner must complete the appointments required under this subdivision by 450.15September 1, 2007.450.16    (c) The Department of Health member shall chair the first meeting of the committee. 450.17At the first meeting, the committee shall elect a chair from its membership. The committee 450.18shall meet at the call of the chair, at least four times a year. The committee shall adopt 450.19written bylaws to govern its activities. The Department of Health shall provide technical 450.20and administrative support services as required by the committee. These services shall 450.21include technical support from individuals qualified to administer infant hearing screening, 450.22rescreening, and diagnostic audiological assessments.450.23    Members of the committee shall receive no compensation for their service, but 450.24shall be reimbursed as provided in section 15.059 for expenses incurred as a result of 450.25their duties as members of the committee.450.26    (d) This subdivision expires June 30, 2013.450.27    Subd. 3.Early hearing detection and intervention programs. All hospitals 450.28shall establish an early hearing detection and intervention (EHDI) program. Each EHDI 450.29program shall:450.30    (1) in advance of any hearing screening testing, provide to the newborn's or infant's 450.31parents or parent information concerning the nature of the screening procedure, applicable 450.32costs of the screening procedure, the potential risks and effects of hearing loss, and the 450.33benefits of early detection and intervention;450.34    (2) comply with parental consent under section 144.125, subdivision 3;450.35    (3) develop policies and procedures for screening and rescreening based on 450.36Department of Health recommendations;451.1    (4) provide appropriate training and monitoring of individuals responsible for 451.2performing hearing screening tests as recommended by the Department of Health;451.3    (5) test the newborn's hearing prior to discharge, or, if the newborn is expected to 451.4remain in the hospital for a prolonged period, testing shall be performed prior to three 451.5months of age or when medically feasible;451.6    (6) develop and implement procedures for documenting the results of all hearing 451.7screening tests;451.8    (7) inform the newborn's or infant's parents or parent, primary care physician, and 451.9the Department of Health according to recommendations of the Department of Health of 451.10the results of the hearing screening test or rescreening if conducted, or if the newborn or 451.11infant was not successfully tested. The hospital that discharges the newborn or infant to 451.12home is responsible for the screening; and451.13    (8) collect performance data specified by the Department of Health. 451.14    Subd. 4.Notification and information.(a) Notification to the parents or parent, 451.15primary care provider, and the Department of Health shall occur prior to discharge or no 451.16later than ten days following the date of testing. Notification shall include information 451.17recommended by the Department of Health.451.18    (b) A physician, nurse, midwife, or other health professional attending a birth outside 451.19a hospital or institution shall provide information, orally and in writing, as established by 451.20the Department of Health, to parents regarding places where the parents may have their 451.21infant's hearing screened and the importance of the screening.451.22    (c) The professional conducting the diagnostic procedure to confirm the hearing loss 451.23must report the results to the parents, primary care provider, and Department of Health 451.24according to the Department of Health recommendations.451.25    Subd. 5.Oversight responsibility.The Department of Health shall exercise 451.26oversight responsibility for EHDI programs, including establishing a performance data set 451.27and reviewing performance data collected by each hospital.451.28    Subd. 6.Civil and criminal immunity and penalties.(a) No physician or hospital 451.29shall be civilly or criminally liable for failure to conduct hearing screening testing.451.30    (b) No physician, midwife, nurse, other health professional, or hospital acting in 451.31compliance with this section shall be civilly or criminally liable for any acts conforming 451.32with this section, including furnishing information required according to this section.451.33    Subd. 7.Fees.The commissioner shall charge  a fee so that the total of fees 451.34collected will approximate the costs of implementing and maintaining a system to follow 451.35up on infants and provide technical assistance, a tracking system, data management, and 451.36evaluation. The  fee shall be incorporated in the fee charged under section 144.125.452.1EFFECTIVE DATE.This section is effective the day following final enactment.452.2    Sec. 11. Minnesota Statutes 2006, section 144E.101, subdivision 6, is amended to read:452.3    Subd. 6. Basic life support. (a) Except as provided in paragraph (e), a basic life 452.4support ambulance shall be staffed by at least two ambulance service personnel, at least 452.5one of which must be an EMT, who provide a level of care so as to ensure that:452.6    (1) life-threatening situations and potentially serious injuries are recognized;452.7    (2) patients are protected from additional hazards;452.8    (3) basic treatment to reduce the seriousness of emergency situations is administered; 452.9and452.10    (4) patients are transported to an appropriate medical facility for treatment.452.11    (b) A basic life support service shall provide basic airway management.452.12    (c) By January 1, 2001, a basic life support service shall provide automatic 452.13defibrillation, as provided in section 
         144E.103, subdivision 1, paragraph (b). 452.14    (d) A basic life support service licensee's medical director may authorize the 452.15ambulance service personnel to carry and to use medical antishock trousers and to perform 452.16intravenous infusion if the ambulance service personnel have been properly trained.452.17    (e) Upon application from an ambulance service that includes evidence 452.18demonstrating hardship, the board may grant a temporary variance from the staff 452.19requirements in paragraph (a) and may authorize a basic life support ambulance to be 452.20staffed by one EMT and one first responder. The variance shall apply to basic life support 452.21ambulances operated by the ambulance service for up to one year from the date of the 452.22variance's issuance until the ambulance service renews its license. When a variance 452.23expires, an ambulance service may apply for a new variance under this paragraph. For 452.24purposes of this paragraph, "ambulance service" means either an ambulance service whose 452.25primary service area is located outside the metropolitan counties listed in section 
         473.121, 452.26subdivision 4
         , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. 452.27Cloud; or an ambulance service based in a community with a population of less than 1,000. 452.28    Sec. 12. Minnesota Statutes 2006, section 144E.127, is amended to read:452.29144E.127 INTERHOSPITAL; INTERFACILITY TRANSFER.452.30    Subdivision 1.Interhospital transfers. When transporting a patient from one 452.31licensed hospital to another, a licensee may substitute for one of the required ambulance 452.32service personnel, a physician, a registered nurse, or physician's assistant who has been 452.33trained to use the equipment in the ambulance and is knowledgeable of the licensee's 452.34ambulance service protocols.453.1    Subd. 2.Interfacility transfers.In an interfacility transport, a licensee whose 453.2primary service area is located outside the metropolitan counties listed in section 473.121, 453.3subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. 453.4Cloud; or an ambulance service based in a community with a population of less than 1,000, 453.5may substitute one EMT with a registered first responder if an EMT or EMT-paramedic, 453.6physician, registered nurse, or physician's assistant is in the patient compartment. If using 453.7a physician, registered nurse, or physician's assistant as the sole provider in the patient 453.8compartment, the individual must be trained to use the equipment in the ambulance and be 453.9knowledgeable of the ambulance service protocols.453.10    Sec. 13. Minnesota Statutes 2006, section 144E.35, subdivision 1, is amended to read:453.11    Subdivision 1. Repayment for volunteer training.Any political subdivision, or 453.12nonprofit hospital or nonprofit corporation operating A licensed ambulance service shall 453.13be reimbursed by the board for the necessary expense of the initial training of a volunteer 453.14ambulance attendant upon successful completion by the attendant of a basic emergency 453.15care course, or a continuing education course for basic emergency care, or both, which has 453.16been approved by the board, pursuant to section 
         144E.285. Reimbursement may include 453.17tuition, transportation, food, lodging, hourly payment for the time spent in the training 453.18course, and other necessary expenditures, except that in no instance shall a volunteer 453.19ambulance attendant be reimbursed more than $450$600 for successful completion of a 453.20basic course, and $225$275 for successful completion of a continuing education course. 453.21    Sec. 14. [156.015] FEES.453.22    Subdivision 1.Verification of licensure.The board may charge a fee of $25 per 453.23license verification to a licensee for verification of licensure status provided to other 453.24veterinary licensing boards.453.25    Subd. 2.Continuing education review.The board may charge a fee of $50 per 453.26submission to a sponsor for review and approval of individual continuing education 453.27seminars, courses, wet labs, and lectures. This fee does not apply to continuing education 453.28sponsors that already meet the criteria for preapproval under Minnesota Rules, part 453.299100.1000, subpart 3, item A.453.30    Sec. 15. Minnesota Statutes 2006, section 198.075, is amended to read:453.31198.075 MINNESOTA VETERANS HOME EMPLOYEES; EXCLUDED 453.32FROM COMMISSARY PRIVILEGES.454.1    Except as provided in this section, no commissary privileges including food, laundry 454.2service, janitorial service, and household supplies shall be furnished to any employee of 454.3the Minnesota veterans homes. An employee of the Minnesota veterans homes who works 454.4a second shift that is consecutive with a regularly scheduled shift may be allowed one free 454.5meal at the veterans home on the day of that extra shift.454.6    Sec. 16. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 454.7subdivision to read:454.8    Subd. 49.Lead risk assessments.(a) Effective October 1, 2007, or six months after 454.9federal approval, whichever is later, medical assistance covers lead risk assessments 454.10provided by a lead risk assessor who is licensed by the commissioner of health under 454.11section 144.9505 and employed by an assessing agency as defined in section 144.9501. 454.12Medical assistance covers a onetime on-site investigation of a recipient's home or primary 454.13residence to determine the existence of lead so long as the recipient is under the age 454.14of 21 and has a venous blood lead level specified in section 144.9504, subdivision 2, 454.15paragraph (a).454.16    (b) Medical assistance reimbursement covers the lead risk assessor's time to 454.17complete the following activities:454.18    (1) gathering samples;454.19    (2) interviewing family members;454.20    (3) gathering data, including meter readings; and454.21    (4) providing a report with the results of the investigation and options for reducing 454.22lead-based paint hazards.454.23    Medical assistance coverage of lead risk assessment does not include testing of 454.24environmental substances such as water, paint, or soil or any other laboratory services. 454.25Medical assistance coverage of lead risk assessments is not included in the capitated 454.26services for children enrolled in health plans through the prepaid medical assistance 454.27program and the MinnesotaCare program.454.28    (c) Payment for lead risk assessment must be cost-based and must meet the 454.29criteria for federal financial participation under the Medicaid program. The rate must 454.30be based on allowable expenditures from cost information gathered. Under section 454.31144.9507, subdivision 5, federal medical assistance funds may not replace existing 454.32funding for lead-related activities. The nonfederal share of costs for services provided 454.33under this subdivision must be from state or local funds and is the responsibility of the 454.34agency providing the risk assessment. When the risk assessment is conducted by the 454.35commissioner of health, the state share must be from appropriations to the commissioner 455.1of health for this purpose. Eligible expenditures for the nonfederal share of costs may not 455.2be made from federal funds or funds used to match other federal funds. Any federal 455.3disallowances are the responsibility of the agency providing risk assessment services.455.4    Sec. 17. Minnesota Statutes 2006, section 471.59, subdivision 1, is amended to read:455.5    Subdivision 1. Agreement. Two or more governmental units, by agreement entered 455.6into through action of their governing bodies, may jointly or cooperatively exercise any 455.7power common to the contracting parties or any similar powers, including those which 455.8are the same except for the territorial limits within which they may be exercised. The 455.9agreement may provide for the exercise of such powers by one or more of the participating 455.10governmental units on behalf of the other participating units. The term "governmental 455.11unit" as used in this section includes every city, county, town, school district, other 455.12political subdivision of this or another state, another state, the University of Minnesota, 455.13nonprofit hospitals licensed under sections 
         144.50 to 
         144.56, rehabilitation facilities and 455.14extended employment providers that are certified by the commissioner of employment 455.15and economic development, day training and habilitation services licensed under sections 455.16245B.01
          to 
         245B.08, nonprofit community health clinics providing family planning 455.17services as defined in section 145.925, and any agency of the state of Minnesota or the 455.18United States, and includes any instrumentality of a governmental unit. For the purpose of 455.19this section, an instrumentality of a governmental unit means an instrumentality having 455.20independent policy making and appropriating authority.455.21    Sec. 18. Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 2, 455.22is amended to read:

455.23455.24Subd. 2.Community and Family Health Improvement

455.25Summary by Fund455.26General40,413,00040,382,000455.27455.28State Government 
                  		Special Revenue141,000128,000455.29Health Care Access3,510,0003,516,000455.30Federal TANF6,000,0006,000,000

455.31Family Planning Base Reduction. Base 455.32level funding for the family planning 455.33special projects grant program is reduced 455.34by $1,877,000 each year of the biennium 455.35beginning July 1, 2007, provided that 456.1this reduction shall only take place 456.2upon full implementation of the family 456.3planning project section of the 1115 waiver. 456.4Notwithstanding Minnesota Statutes, section 456.5145.925, the commissioner shall give priority 456.6to community health care clinics providing 456.7family planning services that either serve a 456.8high number of women who do not qualify 456.9for medical assistance or are unable to 456.10participate in the medical assistance program 456.11as a medical assistance provider when 456.12allocating the remaining appropriations. 456.13Notwithstanding section 15, this paragraph 456.14shall not expire.456.15Shaken Baby Video. Of the state 456.16government special revenue fund 456.17appropriation, $13,000 in 2006 is 456.18appropriated to the commissioner of health 456.19to provide a video to hospitals on shaken 456.20baby syndrome. The commissioner of health 456.21shall assess a fee to hospitals to cover the 456.22cost of the approved shaken baby video and 456.23the revenue received is to be deposited in the 456.24state government special revenue fund.456.25    Sec. 19. STUDY OF BLOOD LEAD TESTING METHODS.456.26    (a) The commissioner of health, in consultation with the commissioner of human 456.27services, cities of the first class, health care providers, and other interested parties, shall 456.28conduct a study to evaluate blood lead testing methods used to confirm elevated blood 456.29lead status. The study shall examine:456.30    (1) the false positive rate of capillary tests for children who are younger than 72 456.31months old;456.32    (2) current protocols for conducting capillary testing, including filter paper 456.33methodology; and 456.34    (3) existing guidelines and regulations from other states and federal agencies 456.35regarding lead testing.457.1    (b) The commissioner shall make recommendations on:457.2    (1) the use of capillary tests to initiate environmental investigations and case 457.3management, including number and timing of tests and fiscal implications for state and 457.4local lead programs; and457.5    (2) reducing the state mandatory intervention to ten micrograms of lead per deciliter 457.6of whole blood.457.7    (c) The commissioner shall submit the results of the study and recommendations, 457.8including any necessary legislative changes, to the legislature by January 15, 2008.457.9    Sec. 20. WINDOW SAFETY EDUCATION.457.10    The commissioner of health shall create in the department's current educational 457.11safety program a component targeted at parents and caregivers of young children to 457.12provide awareness of the need to take precautions to prevent children from falling 457.13through open windows. The commissioner of health shall consult with representatives 457.14of the residential building industry, the window products industry, the child safety 457.15advocacy community, and the Department of Labor and Industry to create the window 457.16safety program component. The program must include the gathering of data about 457.17falls from windows that result in severe injury in order to measure the effectiveness of 457.18the safety program. The commissioner of health may consult with other child safety 457.19advocacy groups, experts, and interested parties in the development and implementation 457.20of the window safety program. The commissioner of health shall prepare and submit 457.21a final report on the window safety program to the legislature by March 1, 2011. The 457.22commissioner shall prepare and submit a yearly progress report to the legislature by 457.23March 1 of each year beginning in 2008 until the submission of the final report. The 457.24final report must include a summary of the safety program, the impact of the program on 457.25children falling from windows, and any recommendations for further study or action.457.26    Sec. 21. REVISOR'S INSTRUCTION.457.27    The revisor of statutes shall change the range reference "144.9501 to 144.9509" 457.28to "144.9501 to 144.9512" wherever the reference appears in Minnesota Statutes and 457.29Minnesota Rules.457.30    Sec. 22.  REPEALER.457.31Laws 2004, chapter 288, article 6, section 27, is repealed.458.1ARTICLE 17458.2PUBLIC HEALTH458.3    Section 1. Minnesota Statutes 2006, section 145A.17, is amended to read:458.4145A.17 FAMILY HOME VISITING PROGRAMS.458.5    Subdivision 1. Establishment; goals. The commissioner shall establish a program 458.6to fund family home visiting programs designed to foster a healthy beginning for children 458.7in families at or below 200 percent of the federal poverty guidelines beginnings, improve 458.8pregnancy outcomes, promote school readiness, prevent child abuse and neglect, reduce 458.9juvenile delinquency, promote positive parenting and resiliency in children, and promote 458.10family health and economic self-sufficiency for children and families. The commissioner 458.11shall promote partnerships, collaboration, and multidisciplinary visiting done by teams of 458.12professionals and paraprofessionals from the fields of public health nursing, social work, 458.13and early childhood education. A program funded under this section must serve families 458.14at or below 200 percent of the federal poverty guidelines, and other families determined 458.15to be at risk, including but not limited to being at risk for child abuse, child neglect, or 458.16juvenile delinquency. Programs must give priority for services to families considered to 458.17be in need of services, including but not limited tobegin prenatally whenever possible and 458.18must be targeted to families with:458.19    (1) adolescent parents;458.20    (2) a history of alcohol or other drug abuse;458.21    (3) a history of child abuse, domestic abuse, or other types of violence;458.22    (4) a history of domestic abuse, rape, or other forms of victimization;458.23    (5) reduced cognitive functioning;458.24    (6) a lack of knowledge of child growth and development stages;458.25    (7) low resiliency to adversities and environmental stresses; or458.26    (8) insufficient financial resources to meet family needs;458.27    (9) a history of homelessness;458.28    (10) a risk of long-term welfare dependence or family instability due to employment 458.29barriers; or458.30    (11) other risk factors as determined by the commissioner.458.31    Subd. 3. Requirements for programs; process. (a) Before a community health 458.32board or tribal government may receive an allocation under subdivision 2, a community 458.33health board or tribal government must submit a proposal to the commissioner that 458.34includes identification, based on a community assessment, of the populations at or below 458.35200 percent of the federal poverty guidelines that will be served and the other populations 459.1that will be served. Each program that receives funds must Community health boards 459.2and tribal governments that receive funding under this section must submit a plan to 459.3the commissioner describing a multidisciplinary approach to targeted home visiting for 459.4families. The plan must be submitted on forms provided by the commissioner. At a 459.5minimum, the plan must include the following:459.6    (1) a description of outreach strategies to families prenatally or at birth;459.7    (2) provisions for the seamless delivery of health, safety, and early learning services; 459.8    (3) methods to promote continuity of services when families move within the state;459.9    (4) a description of the community demographics;459.10    (5) a plan for meeting outcome measures; and459.11    (6) a proposed work plan that includes:459.12    (i) coordination to ensure nonduplication of services for children and families;459.13    (ii) a description of the strategies to ensure that children and families at greatest risk 459.14receive appropriate services; and459.15    (iii) collaboration with multidisciplinary partners including public health, 459.16ECFE, Head Start, community health workers, social workers, community home 459.17visiting programs, school districts, and other relevant partners. Letters of intent from 459.18multidisciplinary partners must be submitted with the plan.459.19    (b) Each program that receives funds must accomplish the following program 459.20requirements:459.21    (1) use either a broad community-based or selective community-based strategy to 459.22provide preventive and early intervention home visiting services;459.23    (2) offer a home visit by a trained home visitor. If a home visit is accepted, the first 459.24home visit must occur prenatally or as soon after birth as possible and must include a 459.25public health nursing assessment by a public health nurse;459.26    (3) offer, at a minimum, information on infant care, child growth and development, 459.27positive parenting, preventing diseases, preventing exposure to environmental hazards, 459.28and support services available in the community;459.29    (4) provide information on and referrals to health care services, if needed, including 459.30information on and assistance in applying for health care coverage for which the child or 459.31family may be eligible; and provide information on preventive services, developmental 459.32assessments, and the availability of public assistance programs as appropriate;459.33    (5) provide youth development programs when appropriate;459.34    (6) recruit home visitors who will represent, to the extent possible, the races, 459.35cultures, and languages spoken by families that may be served;460.1    (7) train and supervise home visitors in accordance with the requirements established 460.2under subdivision 4;460.3    (8) maximize resources and minimize duplication by coordinating activitiesor 460.4contracting with local social and human services organizations, education organizations, 460.5and other appropriate governmental entities and community-based organizations and 460.6agencies; and460.7    (9) utilize appropriate racial and ethnic approaches to providing home visiting 460.8services; and460.9    (10) connect eligible families, as needed, to additional resources available in the 460.10community, including, but not limited to, early care and education programs, health or 460.11mental health services, family literacy programs, employment agencies, social services, 460.12and child care resources and referral agencies.460.13    (c) When available, programs that receive funds under this section must offer or 460.14provide the family with a referral to center-based or group meetings that meet at least 460.15once per month for those families identified with additional needs. The meetings must 460.16focus on further enhancing the information, activities, and skill-building addressed during 460.17home visitation; offering opportunities for parents to meet with and support each other; 460.18and offering infants and toddlers a safe, nurturing, and stimulating environment for 460.19socialization and supervised play with qualified teachers.460.20    (b)(d) Funds available under this section shall not be used for medical services. The 460.21commissioner shall establish an administrative cost limit for recipients of funds. The 460.22outcome measures established under subdivision 6 must be specified to recipients of 460.23funds at the time the funds are distributed.460.24    (c)(e) Data collected on individuals served by the home visiting programs must 460.25remain confidential and must not be disclosed by providers of home visiting services 460.26without a specific informed written consent that identifies disclosures to be made. 460.27Upon request, agencies providing home visiting services must provide recipients with 460.28information on disclosures, including the names of entities and individuals receiving the 460.29information and the general purpose of the disclosure. Prospective and current recipients 460.30of home visiting services must be told and informed in writing that written consent for 460.31disclosure of data is not required for access to home visiting services.460.32    Subd. 4. Training. The commissioner shall establish training requirements for 460.33home visitors and minimum requirements for supervision by a public health nurse. The 460.34requirements for nurses must be consistent with chapter 148. The commissioner must 460.35provide training for home visitors. Training must include child development, positive 461.1parenting techniques, screening and referrals for child abuse and neglect, and diverse 461.2cultural practices in child rearing and family systems the following:461.3    (1) effective relationships for engaging and retaining families and ensuring family 461.4health, safety, and early learning;461.5    (2) effective methods of implementing parent education, conducting home visiting, 461.6and promoting quality early childhood development;461.7    (3) early childhood development from birth to age five;461.8    (4) diverse cultural practices in child rearing and family systems;461.9    (5) recruiting, supervising, and retaining qualified staff;461.10    (6) increasing services for underserved populations; and 461.11    (7) relevant issues related to child welfare and protective services, with information 461.12provided being consistent with state child welfare agency training.461.13    Subd. 5. Technical assistance. The commissioner shall provide administrative 461.14and technical assistance to each program, including assistance in data collection and 461.15other activities related to conducting short- and long-term evaluations of the programs 461.16as required under subdivision 7. The commissioner may request research and evaluation 461.17support from the University of Minnesota.461.18    Subd. 6. Outcome and performance measures. The commissioner shall establish 461.19outcomesmeasures to determine the impact of family home visiting programs funded 461.20under this section on the following areas:461.21    (1) appropriate utilization of preventive health care;461.22    (2) rates of substantiated child abuse and neglect;461.23    (3) rates of unintentional child injuries;461.24    (4) rates of children who are screened and who pass early childhood screening; and461.25    (5) rates of children accessing early care and educational services;461.26    (6) program retention rates;461.27    (7) number of home visits provided compared to the number of home visits planned;461.28    (8) participant satisfaction;461.29    (9) rates of at-risk populations reached; and461.30    (10) any additional qualitative goals and quantitative measures established by the 461.31commissioner.461.32    Subd. 7. Evaluation. Using the qualitative goals and quantitative outcome and 461.33performance measures established under subdivisions 1 and 6, the commissioner shall 461.34conduct ongoing evaluations of the programs funded under this section. Community 461.35health boards and tribal governments shall cooperate with the commissioner in the 461.36evaluations and shall provide the commissioner with the information necessary to conduct 462.1the evaluations. As part of the ongoing evaluations, the commissioner shall rate the impact 462.2of the programs on the outcome measures listed in subdivision 6, and shall periodically 462.3determine whether home visiting programs are the best way to achieve the qualitative 462.4goals established under subdivisions 1 and 6. If the commissioner determines that home 462.5visiting programs are not the best way to achieve these goals, the commissioner shall 462.6provide the legislature with alternative methods for achieving them.462.7    Subd. 8. Report. By January 15, 2002, and January 15 of each even-numbered 462.8year thereafter, the commissioner shall submit a report to the legislature on the family 462.9home visiting programs funded under this section and on the results of the evaluations 462.10conducted under subdivision 7.462.11    Subd. 9. No supplanting of existing funds. Funding available under this section 462.12may be used only to supplement, not to replace, nonstate funds being used for home 462.13visiting services as of July 1, 2001.462.14    Sec. 2. WATER LEVEL STANDARDS.462.15    (a) Until the commissioner of health adopts rules setting the health risk limits 462.16required in paragraph (b), the health risk limit for all contaminants in private domestic 462.17wells must be the more stringent of the state standards or the federal standards determined 462.18by the United States Environmental Protection Agency.462.19    (b) By March 1, 2008, the commissioner of health must publish in the State Register 462.20notice of intent to adopt rules relating to health risk limits for commonly detected 462.21contaminants. The commissioner of health shall review current scientific information to 462.22establish health risk limits for commonly detected contaminants in groundwater that 462.23provides a reasonable margin of safety to adequately protect the health of developing 462.24fetuses, infants, and children, in accordance with the requirements of Minnesota Statutes, 462.25section 144.0751. Nothing in paragraph (a) prohibits the commissioner from setting 462.26standards that are stricter than the federal standards.462.27    (c) By March 1, 2009, the commissioner shall adopt rules relating to health risk 462.28limits for the ten most commonly detected contaminants.462.29    (d) By February 1, 2008, the commissioner shall report to the legislature on the 462.30implications for public health and the costs to enforce the more stringent of health risk 462.31limits or maximum contaminant levels for public water systems.462.32    Sec. 3. FUNDING FOR ENVIRONMENTAL JUSTICE MAPPING.462.33    The commissioner of health, in conjunction with the commissioner of the Pollution 462.34Control Agency, shall apply for federal funding to renew and expand the state's 463.1environmental justice mapping capacity in order to promote public health tracking. If 463.2implemented, the commissioner of health shall coordinate the project with the Pollution 463.3Control Agency and the Department of Agriculture in order to explore possible links 463.4between environmental health and toxic exposures and to help create a system for 463.5environmental public health tracking and make recommendations to the legislature for 463.6additional sources of funding within the state.463.7EFFECTIVE DATE.This section is effective the day following final enactment.463.8    Sec. 4. FRAGRANCE-FREE SCHOOLS EDUCATION PILOT PROJECT.463.9    Subdivision 1.Purpose.Recognizing that scented products may trigger asthma or 463.10chemical sensitivity reactions in students and school staff, which can contribute to learning 463.11and breathing problems, the commissioner of health shall develop a fragrance-free schools 463.12education pilot project.463.13    Subd. 2.Education.The commissioner of health, in collaboration with the 463.14Minneapolis Board of Education, shall establish a working group composed of at least 463.15three students, two teachers, one school administrator, and one member of the Minneapolis 463.16Board of Education to recommend an education campaign in Minneapolis public schools 463.17to inform students and parents about the potentially harmful effects of the use of fragrance 463.18products on sensitive students and school personnel in Minneapolis schools. The 463.19commissioner shall report findings to the legislature by February 1, 2008.463.20EFFECTIVE DATE.This section is effective the day following final enactment.463.21    Sec. 5. MEDICAL ASSISTANCE COVERAGE FOR ARSENIC TESTING.463.22    The commissioner of human services shall inform providers that testing for arsenic 463.23under Minnesota Statutes, section 144.967, is covered under medical assistance.463.24ARTICLE 18463.25HUMAN SERVICES FORECAST ADJUSTMENTS

463.26463.27Section 1.  SUMMARY OF APPROPRIATIONS; DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT.

463.28    The dollar amounts shown are added to or, if shown in parentheses, are subtracted 463.29from the appropriations in Laws 2006, chapter 282, from the general fund, or any other 463.30fund named, to the Department of Human Services for the purposes specified in this 463.31article, to be available for the fiscal year indicated for each purpose. The figure "2007" 464.1used in this article means that the appropriation or appropriations listed are available 464.2for the fiscal year ending June 30, 2007.

464.32007464.4General Fund$(25,226,000)464.5Health Care Access$(53,980,000)464.6TANF$(24,805,000)464.7Total$(104,011,000)

464.8464.9Sec. 2. COMMISSIONER OF HUMAN SERVICES

464.10Subdivision 1.Total Appropriation$(104,011,000)

464.11Appropriations by Fund464.122007464.13General(25,226,000)464.14Health Care Access(53,980,000)464.15TANF(24,805,000)

464.16Subd. 2.Revenue and Pass Through

464.17TANF(106,000)

464.18464.19Subd. 3.Children and Economic Assistance Grants

464.20General3,221,000464.21TANF(24,699,000)

464.22The amounts that may be spent from this 464.23appropriation for each purpose are as follows:

464.24(a) MFIP/DWP Grants464.25General13,827,000464.26TANF(24,699,000)

464.27(b) MFIP Child Care Assistance Grants464.28General(4,733,000)

464.29(c) General Assistance Grants464.30General1,081,000

464.31(d) Minnesota Supplemental Aid Grants464.32General(1,099,000)

464.33(e) Group Residential Housing Grants464.34General(5,855,000)

464.35Subd. 4.Basic Health Care Grants

465.1General17,592,000465.2Health Care Access(53,980,000)

465.3The amounts that may be spent from this 465.4appropriation for each purpose are as follows:

465.5(a) MinnesotaCare Health Care Access(53,980,000)

465.6(b) MA Basic Health Care - Families and Children465.7General15,729,000

465.8(c) MA Basic Health Care - Elderly and Disabled465.9General(4,540,000)

465.10(d) General Assistance Medical Care465.11General6,403,000

465.12Subd. 5.Continuing Care Grants

465.13General(46,039,000)

465.14The amounts that may be spent from this 465.15appropriation for each purpose are as follows:

465.16(a) MA Long-Term Care Facilities465.17General(15,028,000)

465.18(b) MA Long-Term Care Waivers465.19General(20,677,000)

465.20(c) Chemical Dependency Entitlement Grants465.21General(10,334,000)

465.22    Sec. 3. EFFECTIVE DATE.465.23    Sections 1 and 2 are effective the day following final enactment.465.24ARTICLE 19465.25HUMAN SERVICES APPROPRIATIONS

465.26Section 1. SUMMARY OF APPROPRIATIONS.

465.27    The amounts shown in this section summarize direct appropriations, by fund, made 465.28in this article.

465.2920082009Total465.30General$4,767,301,000$5,109,906,000$9,877,206,000465.31465.32State Government Special Revenue59,686,00058,595,000118,281,000466.1Health Care Access448,113,000526,381,000974,494,000466.2Federal TANF265,813,000278,334,000544,147,000466.3Lottery Prize Fund2,185,0001,790,0003,975,000466.4Total$5,543,098,000$5,975,006,000$11,518,104,000

466.5Sec. 2. HEALTH AND HUMAN SERVICES APPROPRIATIONS.

466.6    The sums shown in the columns marked "Appropriations" are appropriated to the 466.7agencies and for the purposes specified in this article. The appropriations are from the 466.8general fund, or another named fund, and are available for the fiscal years indicated 466.9for each purpose. The figures "2008" and "2009" used in this article mean that the 466.10appropriations listed under them are available for the fiscal year ending June 30, 2008, or 466.11June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal 466.12year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal 466.13year ending June 30, 2007, are effective the day following final enactment.

466.14APPROPRIATIONS466.15Available for the Year466.16Ending June 30466.1720082009

466.18Sec. 3. HUMAN SERVICES

466.19Subdivision 1.Total Appropriation$ 5,316,163,000$ 5,752,672,000

466.20Appropriations by Fund466.2120082009466.22General4,631,549,0004,977,470,000466.23466.24State Government Special Revenue549,000565,000466.25Health Care Access427,485,000506,246,000466.26Federal TANF254,395,000266,601,000466.27Lottery Prize Fund2,185,0001,790,000

466.28The amounts that may be spent for each 466.29purpose are specified in the following 466.30subdivisions.467.1Receipts for Systems Projects.467.2Appropriations and federal receipts for 467.3information system projects for MAXIS, 467.4PRISM, MMIS, and SSIS must be deposited 467.5in the state system account authorized in 467.6Minnesota Statutes, section 256.014. Money 467.7appropriated for computer projects approved 467.8by the Minnesota Office of Enterprise 467.9Technology, funded by the legislature, and 467.10approved by the commissioner of finance, 467.11may be transferred from one project to 467.12another and from development to operations 467.13as the commissioner of human services 467.14considers necessary. Any unexpended 467.15balance in the appropriation for these 467.16projects does not cancel but is available for 467.17ongoing development and operations.467.18Pay for Performance. (a) Of the general 467.19fund appropriation, $272,000 each year 467.20is available to the commissioner of 467.21human services only under the following 467.22circumstances:467.23(1) $272,000 shall be made available by the 467.24commissioner of finance on January 1, 2009, 467.25only after notification by the commissioner 467.26of human services to the commissioner of 467.27finance and to the chairs of the relevant house 467.28of representatives and senate finance and 467.29policy committees that the average number 467.30of days from the receipt of a MinnesotaCare 467.31application at the state processing unit until 467.32the initial eligibility determination of the 467.33application was 30 days or less during the 467.34period October 1, 2007, to September 30, 467.352008. Applications transferred from counties 468.1to the state processing unit are excluded from 468.2this calculation; and 468.3(2) $272,000 shall be made available by the 468.4commissioner of finance on January 1, 2009, 468.5only after notification by the commissioner 468.6of human services to the commissioner of 468.7finance and to the chairs of the relevant 468.8house of representatives and senate finance 468.9and policy committees that the commissioner 468.10initiated a separate treatment program for 468.11persons in the Minnesota sex offenders 468.12program who are between the ages of 18 and 468.1325 by January 1, 2008.468.14(b) Regardless of whether these 468.15appropriations are made available to 468.16the commissioner of human services, they 468.17shall be part of base level funding for the 468.18biennium beginning July 1, 2009.468.19Nonfederal Share Transfers. The 468.20nonfederal share of activities for which 468.21federal administrative reimbursement is 468.22appropriated to the commissioner may be 468.23transferred to the special revenue fund.468.24TANF Maintenance of Effort. (a) In order 468.25to meet the basic MOE requirements of the 468.26TANF block grant specified under Code 468.27of Federal Regulations, title 45, section 468.28263.1, the commissioner may only report 468.29nonfederal money expended for allowable 468.30activities listed in the following clauses as 468.31TANF/MOE expenditures:468.32(1) MFIP cash, diversionary work program, 468.33and food assistance benefits under Minnesota 468.34Statutes, chapter 256J;469.1(2) the child care assistance programs 469.2under Minnesota Statutes, sections 119B.03 469.3and 119B.05, and county child care 469.4administrative costs under Minnesota 469.5Statutes, section 119B.15;469.6(3) state and county MFIP administrative 469.7costs under Minnesota Statutes, chapters 469.8256J and 256K;469.9(4) state, county, and tribal MFIP 469.10employment services under Minnesota 469.11Statutes, chapters 256J and 256K;469.12(5) expenditures made on behalf of 469.13noncitizen MFIP recipients who qualify 469.14for the medical assistance without federal 469.15financial participation program under 469.16Minnesota Statutes, section 256B.06, 469.17subdivision 4, paragraphs (d), (e), and (j); 469.18and469.19(6) qualifying working family credit 469.20expenditures under Minnesota Statutes, 469.21section 290.0671.469.22(b) The commissioner shall ensure that 469.23sufficient qualified nonfederal expenditures 469.24are made each year to meet the state's 469.25TANF/MOE requirements. For the activities 469.26listed in paragraph (a), clauses (2) to 469.27(6), the commissioner may only report 469.28expenditures that are excluded from the 469.29definition of assistance under Code of 469.30Federal Regulations, title 45, section 260.31.469.31(c) The commissioner shall ensure that the 469.32MOE used by the commissioner of finance 469.33for the February and November forecasts 469.34required under Minnesota Statutes, section 469.3516A.103, contains expenditures under 470.1paragraph (a), clause (1), equal to at least 16 470.2percent of the total required under Code of 470.3Federal Regulations, title 45, section 263.1.470.4(d) Minnesota Statutes, section 256.011, 470.5subdivision 3, which requires that federal 470.6grants or aids secured or obtained under that 470.7subdivision be used to reduce any direct 470.8appropriations provided by law, does not 470.9apply if the grants or aids are federal TANF 470.10funds.470.11(e) Notwithstanding any contrary provision 470.12in this article, this rider expires June 30, 470.132011.470.14Working Family Credit Expenditures as 470.15TANF/MOE. The commissioner may claim 470.16as TANF/MOE up to $6,707,000 per year 470.17for fiscal year 2008 through fiscal year 2011. 470.18Notwithstanding any contrary provision in 470.19this article, this rider expires June 30, 2011.470.20Additional Working Family Credit 470.21Expenditures to be Claimed for 470.22TANF/MOE. In addition to the amounts 470.23provided in this section, the commissioner 470.24may count the following amounts of working 470.25family credit expenditure as TANF/MOE:470.26(1) fiscal year 2008, $11,126,000;470.27(2) fiscal year 2009, $25,788,000;470.28(3) fiscal year 2010, $13,113,000; and470.29(4) fiscal year 2011, $11,414,000.470.30Notwithstanding any contrary provision in 470.31this article, this rider expires June 30, 2011.470.32Capitation Rate Increase. Of the health care 470.33access fund appropriations to the University 470.34of Minnesota in the higher education 471.1omnibus appropriation bill, $2,157,000 in 471.2fiscal year 2008 and $2,157,000 in fiscal year 471.32009 are to be used to increase the capitation 471.4payments under Minnesota Statutes, section 471.5256B.69.

471.6Subd. 2.Agency Management

471.7The amounts that may be spent from the 471.8appropriation for each purpose are as follows:

471.9(a) Financial Operations

471.10Appropriations by Fund471.11General7,165,0007,652,000471.12Health Care Access 799,000 804,000471.13Federal TANF122,000122,000

471.14(b) Legal and Regulation Operations

471.15Appropriations by Fund471.16General12,352,00012,439,000471.17471.18State Government Special Revenue427,000440,000471.19Health Care Access900,000926,000471.20Federal TANF100,000100,000

471.21Base Adjustment. The general fund base 471.22is $12,376,000 for each of fiscal years 2010 471.23and 2011.

471.24(c) Management Operations

471.25Appropriations by Fund471.26General4,332,0004,419,000471.27Health Care Access236,000243,000

471.28(d) Information Technology Operations

471.29Appropriations by Fund471.30General23,949,00023,922,000471.31Health Care Access6,015,0005,972,000

471.32471.33Subd. 3.Revenue and Pass-Through Expenditures

471.34Federal TANF59,246,00061,680,000

472.1TANF Transfer to Federal Child Care 472.2and Development Fund. The following 472.3TANF fund amounts are appropriated to the 472.4commissioner for the purposes of MFIP and 472.5transition year child care under Minnesota 472.6Statutes, section 119B.05:472.7(1) fiscal year 2008, $2,737,000;472.8(2) fiscal year 2009, $4,783,000;472.9(3) fiscal year 2010, $4,789,000; and472.10(4) fiscal year 2011, $4,821,000.472.11The commissioner shall authorize transfer 472.12of sufficient TANF funds to the federal 472.13child care and development fund to meet 472.14this appropriation and shall ensure that all 472.15transferred funds are expended according 472.16the federal child care and development fund 472.17regulations.

472.18472.19Subd. 4.Children and Economic Assistance Grants

472.20The amounts that may be spent from this 472.21appropriation for each purpose are as follows:

472.22(a) MFIP/DWP Grants

472.23Appropriations by Fund472.24General62,069,00062,514,000472.25Federal TANF78,402,000 85,221,000

472.26(b) Support Services Grants

472.27Appropriations by Fund472.28General8,715,0008,715,000472.29Federal TANF113,429,000115,902,000

472.30TANF Prior Appropriation Cancellation.472.31Notwithstanding Laws 2001, First Special 472.32Session chapter 9, article 17, section 472.332, subdivision 11, paragraph (b), any 472.34unexpended TANF funds appropriated to the 473.1commissioner to contract with the Board of 473.2Trustees of Minnesota State Colleges and 473.3Universities, to provide tuition waivers to 473.4employees of health care and human service 473.5providers that are members of qualifying 473.6consortia operating under Minnesota 473.7Statutes, sections 116L.10 to 116L.15, must 473.8cancel at the end of fiscal year 2007.473.9MFIP Pilot Program. Of the TANF 473.10appropriation, $100,000 in fiscal year 2008 473.11and $750,000 in fiscal year 2009 are for a 473.12grant to the Stearns-Benton Employment and 473.13Training Council for the Workforce U pilot 473.14program. Base level funding for this program 473.15shall be $750,000 in 2010 and $0 in 2011.473.16Supported Work. (1) Of the TANF 473.17appropriation, $5,468,000 in fiscal year 473.182008 and $7,291,000 in fiscal year 473.192009 are for supported work for MFIP 473.20participants, to be allocated to counties 473.21and tribes based on the criteria under 473.22clauses (2) and (3). Paid transitional work 473.23experience and other supported employment 473.24under this rider provides a continuum of 473.25employment assistance, including outreach 473.26and recruitment, program orientation 473.27and intake, testing and assessment, job 473.28development and marketing, preworksite 473.29training, supported worksite experience, job 473.30coaching, and postplacement follow-up, in 473.31addition to extensive case management and 473.32referral services.473.33(2) A county or tribe is eligible to receive an 473.34allocation under this rider if:474.1(i) the county or tribe is not meeting the 474.2federal work participation rate;474.3(ii) the county or tribe has participants who 474.4are required to perform work activities under 474.5Minnesota Statutes, chapter 256J, but are not 474.6meeting hourly work requirements; and474.7(iii) the county or tribe has assessed 474.8participants who have completed six weeks 474.9of job search or are required to perform 474.10work activities and are not meeting the 474.11hourly requirements, and the county or tribe 474.12has determined that the participant would 474.13benefit from working in a supported work 474.14environment.474.15(3) A county or tribe may also be eligible for 474.16funds in order to contract for supplemental 474.17hours of paid work at the participant's child's 474.18place of education, child care location, or the 474.19child's physical or mental health treatment 474.20facility or office. This grant to counties and 474.21tribes is specifically for MFIP participants 474.22who need to work up to five hours more 474.23per week in order to meet the hourly work 474.24requirement, and the participant's employer 474.25cannot or will not offer more hours to the 474.26participant.474.27Work Study. Of the TANF appropriation, 474.28$750,000 each year are to the commissioner 474.29to contract with the Minnesota Office of 474.30Higher Education for the biennium beginning 474.31July 1, 2007, for work study grants under 474.32Minnesota Statutes, section 136A.233, 474.33specifically for low-income individuals who 474.34receive assistance under Minnesota Statutes, 475.1chapter 256J, and for grants to opportunities 475.2industrialization centers.475.3Integrated Service Projects. $2,500,000 in 475.4fiscal year 2008 and $2,500,000 in fiscal year 475.52009 are appropriated from the TANF fund 475.6to the commissioner to fund the integrated 475.7services project for MFIP families.475.8Base Adjustment. The TANF base for fiscal 475.9year 2010 is $115,902,000 and for fiscal year 475.102011 is $115,152,000.

475.11(c) MFIP Child Care Assistance Grants

475.12General74,672,00072,173,000

475.13475.14(d) Basic Sliding Fee Child Care Assistance Grants

475.15General 43,398,000 45,548,000

475.16Base Adjustment. The general fund base 475.17is $45,557,000 for fiscal year 2010 and 475.18$45,535,000 for fiscal year 2011.475.19At-Home Infant Care Program. No 475.20funding shall be allocated to or spent on 475.21the at-home infant care program under 475.22Minnesota Statutes, section 119B.035.

475.23(e) Child Care Development Grants

475.24General4,365,0004,365,000

475.25Child Care Services Grants. Of this 475.26appropriation, $1,000,000 each year are for 475.27the purpose of providing child care services 475.28grants under Minnesota Statutes, section 475.29119B.21, subdivision 5. This appropriation 475.30is for the 2008-2009 biennium only, and does 475.31not increase the base funding.475.32Early Childhood Professional 475.33Development System. Of this appropriation, 476.1$1,000,000 each year are for purposes of the 476.2early childhood professional development 476.3system, which increases the quality and 476.4continuum of professional development 476.5opportunities for child care practitioners. 476.6This appropriation is for the 2008-2009 476.7biennium only, and does not increase the 476.8base funding.476.9Family, Friend, and Neighbor Grant 476.10Program. Of this appropriation, $750,000 476.11each year are for the family, friend, and 476.12neighbor grant program in article 1, section 476.1394. Any balance in the first year does not 476.14cancel but is available in the second year. 476.15This appropriation is for the 2008-2009 476.16biennium only, and does not increase the 476.17base funding.476.18Increased Child Care Provider 476.19Connections. (1) Of the general fund 476.20appropriation, $100,000 each year are for the 476.21following purposes: $50,000 each year is 476.22for a grant to Hennepin County, and $50,000 476.23each year is for a grant to Ramsey County. 476.24The two counties shall each contract with 476.25a nonprofit organization to work with the 476.26contracting county and county-based licensed 476.27family child care providers to facilitate 476.28county-based information regarding family 476.29and children's resources and to make training 476.30and peer support available to licensed family 476.31child care providers consistent with clause 476.32(2). These appropriations are available 476.33until June 30, 2009, and shall not become 476.34part of base level funding for the biennium 476.35beginning July 1, 2009.477.1(2) Programs to improve child care provider 477.2connections to county services shall be 477.3established in Hennepin and Ramsey 477.4counties to:477.5(i) improve county contact activities 477.6with county-licensed family child care 477.7providers that facilitate utilization of county 477.8educational, social service, public health, 477.9and economic assistance services by eligible 477.10families, parents, and children using licensed 477.11family child care; and477.12(ii) support licensed family child care 477.13providers to qualify as quality-rated child 477.14care providers through peer support and 477.15coaching networks. 477.16Hennepin and Ramsey Counties shall 477.17contract with a nonprofit organization under 477.18clause (1) that utilizes licensed family child 477.19care providers as contacts for families using 477.20licensed family child care and to provide 477.21peer support to licensed family child care 477.22providers.477.23(3) Hennepin and Ramsey Counties 477.24must evaluate (i) successful strategies 477.25for increasing contact with county-based 477.26licensed family child care providers and (ii) 477.27the effect of that increased contact and report 477.28their findings to the appropriate legislative 477.29committees by February 15, 2010.477.30Base Adjustment. The general fund base 477.31is $1,515,000 for each of fiscal years 2010 477.32and 2011.

477.33(f) Child Support Enforcement Grants

477.34General11,038,0003,705,000

478.1Child Support Enforcement. $7,333,000 478.2for fiscal year 2008 is to make grants to 478.3counties for child support enforcement 478.4programs to make up for the loss under the 478.52005 federal Deficit Reduction Act of federal 478.6matching funds for federal incentive funds 478.7passed on to the counties by the state.478.8This appropriation is available until June 30, 478.92009.

478.10(g) Children's Services Grants

478.11Appropriations by Fund478.12General 61,293,000 73,281,000478.13Health Care Access250,000-0-478.14TANF250,000730,000

478.15Child Welfare Project. Of this 478.16appropriation, $10,000 in fiscal year 478.172008 and $390,000 in fiscal year 2009 from 478.18the TANF fund and $720,000 in fiscal year 478.192009 from the general fund are for expanding 478.20the American Indian child welfare project 478.21under Minnesota Statutes, section 256.01, 478.22subdivision 14b, to include the Red Lake 478.23Band of Chippewa Indians Tribe, provided 478.24the tribe meets the criteria in Minnesota 478.25Statutes, section 256.01, subdivision 14b.478.26Grants for Programs Serving Young 478.27Parents. Of the TANF fund appropriation, 478.28$140,000 each year is for a grant to a program 478.29or programs that provide comprehensive 478.30services through a private, nonprofit agency 478.31to young parents in Hennepin County who 478.32have dropped out of school and are receiving 478.33public assistance. The program administrator 478.34shall report annually to the commissioner on 478.35skills development, education, job training, 479.1and job placement outcomes for program 479.2participants.479.3County Allocations for Rate Increases.479.4County Children and Community Services 479.5Act allocations shall be increased by 479.6$321,000 effective October 1, 2007, and 479.7$980,000 effective October 1, 2008, to help 479.8counties pay for the rate adjustments to 479.9day training and habilitation providers for 479.10participants paid by county social service 479.11funds. Notwithstanding the provisions of 479.12Minnesota Statutes, section 256M.40, the 479.13allocation to a county shall be based on 479.14the county's proportion of social services 479.15spending for day training and habilitation 479.16services as determined in the most recent 479.17social services expenditure and grant 479.18reconciliation report.479.19Privatized Adoption Grants. Federal 479.20reimbursement for privatized adoption grant 479.21and foster care recruitment grant expenditures 479.22is appropriated to the commissioner for 479.23adoption grants and foster care and adoption 479.24administrative purposes.479.25Adoption Assistance Incentive Grants.479.26Federal funds available during fiscal year 479.272008 and fiscal year 2009 for the adoption 479.28incentive grants are appropriated to the 479.29commissioner for these purposes.479.30Adoption Assistance and Relative Custody 479.31Assistance. The commissioner may transfer 479.32unencumbered appropriation balances for 479.33adoption assistance and relative custody 479.34assistance between fiscal years and between 479.35programs.480.1Crisis Nurseries. Of the general fund 480.2appropriation, $1,100,000 each year are for 480.3the crisis nurseries program. Of this amount, 480.4$100,000 each year are to be made available 480.5for capacity development and technical 480.6support for crisis nurseries.480.7Children's Mental Health Grants. Of the 480.8general fund appropriation, $3,413,000 in 480.9fiscal year 2008 and $6,825,000 in fiscal year 480.102009 are for children's mental health grants. 480.11The purpose of these grants is to increase and 480.12maintain the state's children's mental health 480.13service capacity, especially for school-based 480.14mental health services. The commissioner 480.15shall require grantees to utilize all available 480.16third party reimbursement sources as a 480.17condition of using state grant funds. At 480.18least 15 percent of these funds shall be 480.19used to encourage efficiencies through early 480.20intervention services. At least another 15 480.21percent shall be used to provide respite care 480.22services for children with severe emotional 480.23disturbance at risk of out-of-home placement.480.24Mental Health Crisis Services. Of the 480.25general fund appropriation, $1,278,000 in 480.26fiscal year 2008 and $2,850,000 in fiscal year 480.272009 are for statewide funding of children's 480.28mental health crisis services. Providers must 480.29utilize all available funding streams.480.30Children's Mental Health Evidence-Based 480.31and Best Practices. Of the general fund 480.32appropriation, $375,000 in fiscal year 2008 480.33and $750,000 in fiscal year 2009 are for 480.34children's mental health evidence-based and 480.35best practices including, but not limited 481.1to: Adolescent Integrated Dual Diagnosis 481.2Treatment services; school-based mental 481.3health services; co-location of mental 481.4health and physical health care, and; the 481.5use of technological resources to better 481.6inform diagnosis and development of 481.7treatment plan development by mental 481.8health professionals. The commissioner 481.9shall require grantees to utilize all available 481.10third-party reimbursement sources as a 481.11condition of using state grant funds.481.12Culturally Specific Mental Health 481.13Treatment Grants. Of the general fund 481.14appropriation, $75,000 in fiscal year 2008 481.15and $300,000 in fiscal year 2009 are for 481.16children's mental health grants to support 481.17increased availability of mental health 481.18services for persons from cultural and 481.19ethnic minorities within the state. The 481.20commissioner shall use at least 20 percent 481.21of these funds to help members of cultural 481.22and ethnic minority communities to become 481.23qualified mental health professionals and 481.24practitioners. The commissioner shall assist 481.25grantees to meet third-party credentialing 481.26requirements and require them to utilize all 481.27available third-party reimbursement sources 481.28as a condition of using state grant funds.481.29Mental Health Services for Children with 481.30Special Treatment Needs. Of the general 481.31fund appropriation, $50,000 in fiscal year 481.322008 and $200,000 in fiscal year 2009 are 481.33for children's mental health grants to support 481.34increased availability of mental health 481.35services for children with special treatment 481.36needs. These shall include, but not be limited 482.1to: victims of trauma, including children 482.2subjected to abuse or neglect, veterans and 482.3their families, and refugee populations; 482.4persons with complex treatment needs, 482.5such as eating disorders; and those with 482.6low incidence disorders. Of this amount, 482.7$150,000 in fiscal year 2008 and $250,000 in 482.8fiscal year 2009 must be directed to programs 482.9serving victims of trauma.482.10MFIP and Children's Mental Health 482.11Pilot Project. Of the TANF appropriation, 482.12$100,000 in fiscal year 2008 and $200,000 482.13in fiscal year 2009 are to fund the MFIP 482.14and children's mental health pilot project. 482.15Of these amounts, up to $100,000 may be 482.16expended on evaluation of this pilot.482.17Regional Children's Mental Health 482.18Initiative. Of the general fund appropriation, 482.19$700,000 each year are to fund the Regional 482.20Children's Mental Health Initiative pilot 482.21project. This is a onetime appropriation.482.22Fetal Alcohol Syndrome. Of the general 482.23fund appropriation, $75,000 each year is 482.24to the commissioner to transfer as grants 482.25to three programs that provide services 482.26to reduce fetal alcohol syndrome under 482.27Minnesota Statutes, section 254A.171. The 482.28three program grantees are the University 482.29of Minnesota, the Meeker-McLeod-Sibley 482.30Community, and the American Indian Family 482.31Center. This appropriation shall become part 482.32of the base appropriation.482.33Prenatal Alcohol or Drug Use. Of the 482.34general fund appropriation, $75,000 each 482.35year is to award grants beginning July 1, 483.12007, to programs that provide services 483.2under Minnesota Statutes, section 254A.171, 483.3in Pine, Kanabec, and Carlton Counties. This 483.4appropriation shall become part of the base 483.5appropriation.483.6Base Adjustment. The general fund base 483.7is $71,399,000 in fiscal year 2010 and 483.8$71,402,000 in fiscal year 2011.483.9The TANF fund base is $722,000 in each 483.10year of the 2010-2011 biennium.

483.11(h) Children and Community Services Grants

483.12General 104,911,000 69,371,000

483.13Base Adjustment. The general fund base 483.14is $69,616,000 in each of fiscal years 2010 483.15and 2011.483.16Targeted Case Management Temporary 483.17Funding. Of the general fund appropriation, 483.18$36,134,000 in fiscal year 2008 is allocated to 483.19counties and tribes affected by reductions in 483.20targeted case management federal Medicaid 483.21revenue as a result of the provisions in 483.22the federal Deficit Reduction Act of 2005, 483.23Public Law 109-171. The commissioner 483.24shall distribute the funds proportionate 483.25to each affected county or tribe's targeted 483.26case management federal earnings for 483.27calendar year 2005. Prior to distribution 483.28of funds, the commissioner shall estimate 483.29and certify the amount by which the federal 483.30regulations will reduce case management 483.31revenue over the 2008-2009 biennium. The 483.32commissioner may provide grants up to the 483.33amount of the estimated reduction, not to 483.34exceed $36,134,000 for the biennium. The 483.35commissioner may determine the timing and 484.1frequency of payments to counties. These 484.2funds are available in either year of the 484.3biennium. Counties shall use these funds to 484.4pay for social service-related costs, but the 484.5funds are not subject to provisions of the 484.6Children and Community Services Act grant 484.7under Minnesota Statutes, chapter 256M.

484.8(i) General Assistance Grants

484.9General37,876,00038,253,000

484.10General Assistance Standard. The 484.11commissioner shall set the monthly standard 484.12of assistance for general assistance units 484.13consisting of an adult recipient who is 484.14childless and unmarried or living apart 484.15from parents or a legal guardian at $203. 484.16The commissioner may reduce this amount 484.17according to Laws 1997, chapter 85, article 484.183, section 54.484.19Emergency General Assistance. The 484.20amount appropriated for emergency general 484.21assistance funds is limited to no more 484.22than $7,889,812 in fiscal year 2008 and 484.23$7,889,812 in fiscal year 2009. Funds 484.24to counties must be allocated by the 484.25commissioner using the allocation method 484.26specified in Minnesota Statutes, section 484.27256D.06.

484.28(j) Minnesota Supplemental Aid Grants

484.29General30,505,00030,812,000

484.30Emergency Minnesota Supplemental 484.31Aid Funds. The amount appropriated for 484.32emergency Minnesota supplemental aid 484.33funds is limited to no more than $1,100,000 484.34in fiscal year 2008 and $1,100,000 in fiscal 485.1year 2009. Funds to counties must be 485.2allocated by the commissioner using the 485.3allocation method specified in Minnesota 485.4Statutes, section 256D.46.

485.5(k) Group Residential Housing Grants

485.6General 91,181,000 98,879,000

485.7People Incorporated. Of the general fund 485.8appropriation, $460,000 each year is to 485.9augment community support and mental 485.10health services provided to individuals 485.11residing in facilities under Minnesota 485.12Statutes, section 256I.05, subdivision 1m.

485.13485.14(l) Other Children and Economic Assistance Grants

485.15General 21,547,000 19,433,000485.16Federal TANF1,500,0001,500,000

485.17Base Adjustment. The general fund base 485.18shall be $19,708,000 in fiscal year 2010 and 485.19$19,208,000 in fiscal year 2011.485.20Homeless and Runaway Youth.Of the 485.21general fund appropriation, $1,639,000 the 485.22first year and $1,375,000 the second year are 485.23for the Runaway and Homeless Youth Act 485.24under Minnesota Statutes, section 256K.45. 485.25Funds shall be spent in each area of the 485.26continuum of care to ensure that programs 485.27are meeting the greatest need. The base is 485.28decreased by $425,000 each year in fiscal 485.29year 2010 and fiscal year 2011. 485.30Transitional Housing and Emergency 485.31Services.485.32(1) Of the general fund appropriation, 485.33$750,000 the first year is for transitional 485.34housing programs under Minnesota Statutes, 486.1section 256E.33. Up to ten percent of this 486.2appropriation may be used for housing and 486.3services which extend beyond 24 months; 486.4and486.5(2) $600,000 the first year is added to the 486.6base for emergency services grants under 486.7Laws 1997, chapter 162, article 3, section 7.486.8Foodshelf Programs. Of the general 486.9fund appropriation, $325,000 each year is 486.10for foodshelf programs under Minnesota 486.11Statutes, section 256E.34.486.12Minnesota Community Action Grants. (a) 486.13Of the general fund appropriation, $250,000 486.14each year is for the purposes of Minnesota 486.15community action grants under Minnesota 486.16Statutes, sections 256E.30 to 256E.32. Base 486.17level funding for this appropriation for the 486.18biennium beginning July 1, 2009, shall be 486.19$500,000 each year. 486.20(b) Of the TANF appropriation, $1,500,000 486.21each year is for community action agencies 486.22for auto repairs, auto loans, and auto purchase 486.23grants to individuals who are eligible to 486.24receive benefits under Minnesota Statutes, 486.25chapter 256J, or who have lost eligibility for 486.26benefits under Minnesota Statutes, chapter 486.27256J, due to earnings in the prior 12 months.486.28(c) Money appropriated under paragraphs (a) 486.29and (b) that is not spent in the first year does 486.30not cancel but is available for the second 486.31year.486.32Tenant Hotline Services Program.Of the 486.33general fund appropriation, $50,000 each 486.34year is for a grant to HOME Line for the 487.1tenant hotline services program. This is a 487.2onetime appropriation.

487.3487.4Subd. 5.Children and Economic Assistance Management

487.5The amounts that may be spent from the 487.6appropriation for each purpose are as follows:

487.7487.8(a) Children and Economic Assistance Administration

487.9Appropriations by Fund487.10General9,888,0009,956,000487.11Federal TANF1,196,0001,196,000

487.12Child Care Licensing. Of the general fund 487.13appropriation, $116,000 in fiscal year 2008 487.14and $223,000 in fiscal year 2009 are for 487.15purposes of completing background studies 487.16for family and group family child care 487.17providers under Minnesota Statutes, chapter 487.18245C.487.19Base Adjustment. The general fund 487.20base is $9,829,000 in fiscal year 2010 and 487.21$9,741,000 in fiscal year 2011.

487.22487.23(b) Children and Economic Assistance Operations

487.24Appropriations by Fund487.25General35,667,00036,023,000487.26Health Care Access350,000361,000

487.27Financial Institution Data Match and 487.28Payment of Fees. The commissioner is 487.29authorized to allocate up to $310,000 each 487.30year in fiscal years 2008 and 2009 from the 487.31PRISM special revenue account to make 487.32payments to financial institutions in exchange 487.33for performing data matches between account 487.34information held by financial institutions 487.35and the public authority's database of child 488.1support obligors as authorized by Minnesota 488.2Statutes, section 13B.06, subdivision 7.488.3Base Adjustment. The general fund base 488.4is $35,967,000 in each of fiscal years 2010 488.5and 2011.

488.6Subd. 6.Basic Health Care Grants

488.7The amounts that may be spent from the 488.8appropriation for each purpose are as follows:

488.9(a) MinnesotaCare Grants

488.10Health Care Access391,818,000470,951,000

488.11HealthMatch Delay. Of this appropriation, 488.12$2,560,000 the first year and $21,735,000 488.13the second year are for the MinnesotaCare 488.14program costs related to a six-month delay in 488.15implementation of the HealthMatch program.

488.16488.17(b) MA Basic Health Care - Families and Children

488.18Appropriations by Fund488.19General740,771,000843,211,000488.20Health Care Access1,672,000-0-

488.21488.22(c) MA Basic Health Care - Elderly and Disabled

488.23General 997,868,000 1,106,356,000

488.24Provider-Directed Care Coordination. In 488.25addition to medical assistance reimbursement 488.26under Minnesota Statutes, sections 488.27256B.0625 and 256B.76, clinics participating 488.28in provider-directed care coordination under 488.29Minnesota Statutes, section 256B.0625, also 488.30receive a monthly payment per client when 488.31the clinic serves an eligible client. The 488.32payments across the program must average 488.33$50 per month per client.489.1MR/RC Waiver. The commissioner must 489.2serve: an additional 50 persons in the 489.3MR/RC waiver program beginning in fiscal 489.4year 2008.

489.5(d) General Assistance Medical Care Grants

489.6General 239,215,000 251,729,000

489.7(e) Other Health Care Grants

489.8General 1,621,0001,671,000489.9Health Care Access150,000150,000

489.10Community-Based Health Care 489.11Demonstration Project. Of the general 489.12fund appropriation, $212,000 each year is 489.13to be transferred to the commissioner of 489.14health for the demonstration project grant 489.15described in Minnesota Statutes, section 489.1662Q.80, subdivision 1a. This appropriation 489.17shall remain part of base level funding until 489.18June 30, 2012. Notwithstanding any contrary 489.19provision in this article, this rider expires 489.20July 1, 2012.489.21Care Coordination Pilot Projects. Of the 489.22general fund appropriation, $750,000 in 489.23fiscal year 2009 is for the health care pilot 489.24projects for children and adults with complex 489.25health care needs. Base level funding for this 489.26program is $750,000 in 2010 and $0 in 2011.489.27Patient Incentive Programs. Of the general 489.28fund appropriation, $500,000 in fiscal year 489.292008 and $500,000 in fiscal year 2009 are 489.30for patient incentive programs.489.31Base Adjustment. The general fund base is 489.32$1,671,000 in fiscal year 2010 and $921,000 489.33in fiscal year 2011.490.1Oral Health Care Innovations Grants. (a) 490.2Of the general fund appropriation, $400,000 490.3for the fiscal year beginning July 1, 2007, 490.4is to award competitive oral health care 490.5innovations grants to organizations described 490.6in Minnesota Statutes, section 256B.76, 490.7paragraph (b), clause (4), or coalitions of 490.8such organizations, providing access to oral 490.9health services for low-income and uninsured 490.10persons. The commissioner shall award one 490.11grant for a project to develop a nonprofit 490.12dental clinic serving public program 490.13recipients and uninsured persons in Beltrami 490.14County; one grant for the maintenance of 490.15nonprofit dental clinics providing oral health 490.16care services to children ages birth to 18 in 490.17St. Louis County; and one grant for the bright 490.18smiles program to increase access to oral 490.19health care for low-income and immigrant 490.20children, ages birth to five years, and their 490.21families in underserved areas in Minneapolis. 490.22(b) This grant shall not become part of base 490.23level funding.490.24State Health Policies Grant. Of the 490.25general fund appropriation, $300,000 in 490.26fiscal year 2008 is to provide a grant to a 490.27research center associated with a safety net 490.28hospital and county-affiliated health system 490.29to develop the capabilities necessary for 490.30evaluating the effects of changes in state 490.31health policies on low-income and uninsured 490.32individuals, including the impact on state 490.33health care program costs, health outcomes, 490.34cost-shifting to different units and levels 490.35of government, and utilization patterns 490.36including use of emergency room care and 491.1hospitalization rates. The center shall report 491.2on the use of this money by December 1, 491.32008, to the chairs of the senate and house 491.4of representatives committees with relevant 491.5jurisdiction.

491.6Subd. 7.Health Care Management

491.7The amounts that may be spent from the 491.8appropriation for each purpose are as follows:

491.9(a) Health Care Policy Administration

491.10Appropriations by Fund491.11General10,993,00011,370,000491.12Health Care Access 1,897,000 3,082,000

491.13Minnesota Senior Health Options 491.14Reimbursement. Federal administrative 491.15reimbursement resulting from the Minnesota 491.16senior health options project is appropriated 491.17to the commissioner for this activity.491.18Disproportionate Share Hospital Payment 491.19Formulas. The commissioner is prohibited 491.20from altering formulas for disbursement of 491.21disproportionate share hospital funds under 491.22the disproportionate share hospital program 491.23by rule, bulletin, or any other administrative 491.24method without explicit legislative authority.491.25Utilization Review. Federal administrative 491.26reimbursement resulting from prior 491.27authorization and inpatient admission 491.28certification by a professional review 491.29organization is dedicated to the commissioner 491.30for these purposes. A portion of these funds 491.31must be used for activities to decrease 491.32unnecessary pharmaceutical costs in medical 491.33assistance.492.1Base Adjustment. The health care access 492.2fund base is $4,049,000 in fiscal year 2010 492.3and $4,065,000 in fiscal year 2011, for health 492.4care administration.492.5Base Adjustment. The general fund base 492.6is $11,164,000 in fiscal year 2010 and 492.7$10,770,000 in fiscal year 2011.

492.8(b) Health Care Operations

492.9Appropriations by Fund492.10General21,941,00021,874,000492.11Health Care Access 22,355,000 23,007,000

492.12Base Adjustment. The general fund base 492.13is $21,839,000 in each of fiscal years 2010 492.14and 2011. The health care access fund 492.15base is $24,024,000 in fiscal year 2010 and 492.16$23,627,000 in fiscal year 2011.492.17Outreach Funding. Of these appropriations, 492.18the following amounts are to the 492.19commissioner for the Minnesota health care 492.20outreach program under Minnesota Statutes, 492.21section 256.962:492.22(1) $950,000 the first year and $1,000,000 492.23the second year from the health care access 492.24fund for a statewide outreach campaign 492.25under Minnesota Statutes, section 256.962, 492.26subdivision 1;492.27(2) $700,000 each year from the general 492.28fund and $300,000 each year from the health 492.29care access fund for the incentive program 492.30under Minnesota Statutes, section 256.962, 492.31subdivision 5; and492.32(3) $150,000 each year from the health 492.33care access fund appropriation for other 492.34health care grants for a grant to a nonprofit 493.1organization to provide a statewide toll-free 493.2number under Minnesota Statutes, section 493.3256.962, subdivision 4.

493.4Subd. 8.Continuing Care Grants

493.5The amounts that may be spent from the 493.6appropriation for each purpose are as follows: 

493.7(a) Aging and Adult Services Grants

493.8General 14,957,000 15,390,000

493.9Information and Assistance 493.10Reimbursement. Federal administrative 493.11reimbursement obtained from information 493.12and assistance services provided by the 493.13Senior LinkAge Line to people who are 493.14identified as eligible for medical assistance 493.15is appropriated to the commissioner for this 493.16activity.493.17Senior Companion Program. Of this 493.18appropriation, $83,000 each year is for the 493.19senior companion program under Minnesota 493.20Statutes, section 256.977.493.21Volunteer Senior Citizens. Of this 493.22appropriation, $84,000 each year is for the 493.23volunteer programs for retired senior citizens 493.24under Minnesota Statutes, section 256.9753.493.25Foster Grandparent Program. Of this 493.26appropriation, $83,000 each year is for the 493.27foster grandparent program in Minnesota 493.28Statutes, section 256.976.493.29Senior Nutrition. Of this appropriation, 493.30$250,000 each year is for the senior nutrition 493.31programs under Minnesota Statutes, section 493.32256.9752. The commissioner shall give 493.33priority to increase services to: (1) persons 493.34facing language or cultural barriers, (2) 494.1persons with special diets, (3) persons 494.2living in isolated rural areas, and (4) other 494.3hard-to-serve populations.494.4Kinship Navigator Program. Of the 494.5general fund appropriation, $175,000 in 494.6fiscal year 2008 and $175,000 in fiscal year 494.72009 is to the commissioner for a two-year 494.8demonstration grant, to be transferred to a 494.9nonprofit statewide organization advocating 494.10for, supporting, and providing information 494.11and resources to individuals raising their 494.12grandchildren, other related children, or 494.13children of friends for purposes of providing 494.14support to grandparents or relatives who are 494.15raising kinship children. The demonstration 494.16grant sites must include a central site in the 494.17metropolitan area and another site in the 494.18Bemidji region. The support must provide a 494.19one-stop services program. The services that 494.20may be provided include, but are not limited 494.21to, legal services, education, information, 494.22family activities, support groups, mental 494.23health access, advocacy, mentors, and 494.24information related to foster care licensing. 494.25The funds may also be used for a media 494.26campaign to inform kinship families about 494.27available information and services, support 494.28sites, and other program development. 494.29For the biennium beginning July 1, 2009, 494.30base level funding for these grants shall be 494.31$160,000 each year.494.32Reverse Mortgage Incentive Program.494.33Of the general fund appropriation for the 494.34biennium beginning July 1, 2007, the 494.35following amounts are for the purposes 494.36listed:495.1(1) $120,000 the first year and $120,000 the 495.2second year are for costs associated with the 495.3reverse mortgage incentive program; and495.4(2) $39,000 each year is to be transferred 495.5to the commissioner of the Minnesota 495.6Housing Finance Agency for the purposes of 495.7Minnesota Statutes, section 462A.05.495.8Base Adjustment. The general fund base 495.9is $15,554,000 in each of fiscal years 2010 495.10and 2011.

495.11(b) Alternative Care Grants

495.12General 50,012,000 52,099,000

495.13Alternative Care Transfer. Any money 495.14allocated to the alternative care program that 495.15is not spent for the purposes indicated does 495.16not cancel but is transferred to the medical 495.17assistance account.495.18Base Adjustment. The general fund 495.19base is $52,940,000 in fiscal year 2010 495.20and $53,167,000 in fiscal year 2011 for 495.21alternative care grants.

495.22495.23(c) Medical Assistance Grants - Long-Term Care Facilities

495.24General 499,615,000 506,667,000

495.25Long-Term Care Consultation Funding 495.26Increase. For the rate year beginning 495.27October 1, 2008, the county long-term 495.28care consultation allocations in Minnesota 495.29Statutes, section 256B.0911, subdivision 495.306, must be increased based on the number 495.31of transitional long-term care consultation 495.32visits projected by the commissioner in 495.33each county. For the rate year beginning 495.34October 1, 2009, final allocations must be 496.1determined based on the average between 496.2the actual number of transitional long-term 496.3care visits that were conducted in the prior 496.412-month period and the projected number 496.5of consultations that will be provided in 496.6the rate year beginning October 1, 2009. 496.7Notwithstanding any contrary provision in 496.8this article, this paragraph expires June 30, 496.92010.496.10Nursing Facility Sprinkler Systems. Of 496.11the general fund appropriation, $2,500,000 496.12the first year is to reimburse the costs of 496.13nursing facility sprinkler systems under 496.14Minnesota Statutes, section 256B.434, 496.15subdivision 4, paragraph (e). Any portion of 496.16this appropriation not spent in the first year 496.17shall not cancel but shall be available for the 496.18second year.496.19Nursing Home Moratorium Exceptions.496.20During fiscal year 2008, the commissioner of 496.21health may approve moratorium exception 496.22projects under Minnesota Statutes, section 496.23144A.073, for which the full annualized 496.24state share of medical assistance costs does 496.25not exceed $3,000,000. During fiscal year 496.262009, the commissioner of health may 496.27approve moratorium exception projects 496.28under Minnesota Statutes, section 144A.073, 496.29for which the full annualized state share of 496.30medical assistance costs does not exceed 496.31$3,000,000 less the amount approved during 496.32the first year. Priority shall be given to 496.33proposals that entail:496.34(1) complete building replacement in 496.35conjunction with reductions in the number of 497.1beds in a county, with greater weight given 497.2to projects in counties with a greater than 497.3average number of beds per 1,000 elderly;497.4(2) technology improvements;497.5(3) improvements in life safety;497.6(4) construction of nursing facilities that are 497.7part of senior services campuses; and497.8(5) improvements in the work environment.

497.9497.10(d) Medical Assistance Grants - Long-Term Care Waivers and Home Care Grants

497.11General 961,966,000 1,085,510,000

497.12(e) Mental Health Grants

497.13Appropriations by Fund497.14General 57,609,000 62,656,000497.15Health Care Access750,000750,000497.16Lottery Prize1,933,0001,633,000

497.17County CADI allocation adjustment.497.18(1) The commissioner shall adjust 2007 497.19home and community-based allocations 497.20under Minnesota Statutes, section 256B.49, 497.21to qualifying counties that transferred 497.22persons to the community alternatives for 497.23disabled individuals (CADI) waiver program 497.24under Laws 2006, chapter 282, article 20, 497.25section 35. The adjustment shall reflect 497.26the amount that county-authorized funding 497.27for CADI waiver services exceeded the 497.28allowable amount as shown in the Medicaid 497.29Management Information System (MMIS) 497.30on March 1, 2007.497.31(2) A county that may qualify under 497.32paragraph (1) shall apply to the commissioner 497.33by June 10, 2007. Following a review of the 497.34county request and the MMIS documentation, 498.1the commissioner shall adjust the county 498.2allocation, as appropriate, by June 25, 2007.498.3(3) The amounts provided to a county under 498.4this section shall become part of the county's 498.5base level state allocation for the CADI 498.6waiver for the biennium beginning July 1, 498.72007.498.8(4) This rider is effective the day following 498.9final enactment.498.10Mental Health Crisis Services. Of the 498.11general fund appropriation, $1,278,000 in 498.12fiscal year 2008 and $3,278,000 in fiscal 498.13year 2009 are for statewide funding of adult 498.14mental health crisis services.  Providers must 498.15utilize all available funding streams.498.16Adult Mental Health Evidence-Based 498.17and Best Practices. Of the general fund 498.18appropriation, $375,000 in fiscal year 2008 498.19and $750,000 in fiscal year 2009 are for 498.20adult mental health evidence-based and 498.21best practices including, but not limited 498.22to, Assertive Community Treatment and 498.23Integrated Dual Diagnosis Treatment 498.24services.  The commissioner shall require 498.25grantees to utilize all available third-party 498.26reimbursement sources as a condition of 498.27using state grant funds.498.28Culturally Specific Mental Health 498.29Treatment Grants. Of the general fund 498.30appropriation, $75,000 in fiscal year 2008 498.31and $300,000 in fiscal year 2009 are for adult 498.32mental health grants to support increased 498.33availability of mental health services for 498.34persons from cultural and ethnic minorities 498.35within the state. The commissioner shall use 499.1at least 20 percent of these funds to help 499.2members of cultural and ethnic minority 499.3communities to become qualified mental 499.4health professionals and practitioners. The 499.5commissioner shall assist grantees to meet 499.6third-party credentialing requirements 499.7and require them to utilize all available 499.8third-party reimbursement sources as a 499.9condition of using state grant funds.499.10Mental Health Services for Adults with 499.11Special Treatment Needs. Of the general 499.12fund appropriation, $50,000 in fiscal year 499.132008 and $200,000 in fiscal year 2009 are 499.14for adult mental health grants to support 499.15increased availability of mental health 499.16services for adults with special treatment 499.17needs. These adults shall include, but not 499.18be limited to: victims of trauma, including 499.19persons subjected to abuse or neglect, 499.20veterans and their families, and refugee 499.21populations; person's with complex treatment 499.22needs, such as eating disorders; and those 499.23with low incidence disorders.499.24Supportive Housing Services for Adults 499.25with Mental Illness. Of the general fund 499.26appropriation, $750,000 in fiscal year 2008 499.27and $1,500,000 in fiscal year 2009 are 499.28for adult mental health grants to support 499.29increased availability of a range of housing 499.30options with supports for persons with 499.31serious mental illness.499.32National Council on Problem Gambling.499.33(1) Of the appropriation from the lottery prize 499.34fund, $225,000 each year is for a grant to 499.35the state affiliate recognized by the National 500.1Council on Problem Gambling. The affiliate 500.2must provide services to increase public 500.3awareness of problem gambling, education, 500.4and training for individuals and organizations 500.5providing effective treatment services to 500.6problem gamblers and their families, and 500.7research relating to problem gambling. These 500.8services must be complementary to and not 500.9duplicative of the services provided through 500.10the problem gambling program administered 500.11by the commissioner of human services. This 500.12grant does not prevent the commissioner 500.13from regular monitoring and oversight of the 500.14grant or the ability to reallocate the funds to 500.15other services within the problem gambling 500.16program for nonperformance of duties by 500.17the grantee.500.18(2) Of this appropriation, $100,000 in 500.19fiscal year 2008 and $100,000 in fiscal year 500.202009 are contingent on the contribution 500.21of nonstate matching funds. Matching 500.22funds may be either cash or qualifying 500.23in-kind contributions. The commissioner of 500.24finance may disburse the state portion of the 500.25matching funds in increments of $25,000 500.26upon receipt of a commitment for an equal 500.27amount of matching nonstate funds. The 500.28general fund base shall be $100,000 in fiscal 500.29year 2010 and $100,000 in fiscal year 2011.500.30(3) Of the lottery prize fund appropriation, 500.31$100,000 in fiscal year 2008 is for a grant 500.32or grants to be awarded competitively 500.33to develop programs and services for 500.34problem gambling treatment, prevention, 500.35and education in immigrant communities. 500.36This appropriation is available until June 501.130, 2009, at which time the project must 501.2be completed and final products delivered, 501.3unless an earlier completion date is specified 501.4in the work program.501.5Compulsive Gambling. Of the lottery prize 501.6fund appropriation, $300,000 in fiscal year 501.72008 and $100,000 in fiscal year 2009 are for 501.8purposes of compulsive gambling education, 501.9assessment, and treatment under Minnesota 501.10Statutes, section 245.98.501.11Compulsive Gambling Study. Of the lottery 501.12prize fund appropriation, $100,000 in fiscal 501.13year 2008 is to continue the study currently 501.14being done on compulsive gambling 501.15treatment effectiveness and long-term effects 501.16of gambling.501.17Base Adjustment. The general fund base 501.18is $62,940,000 in each of fiscal years 2010 501.19and 2011.501.20Base Adjustment. The lottery prize fund 501.21base is $1,508,000 in each of fiscal years 501.222010 and 2011.

501.23(f) Deaf and Hard-of-Hearing Grants

501.24General1,932,0002,368,000

501.25Hearing Loss Mentors. Of the general 501.26fund appropriation, $40,000 each year is to 501.27provide mentors who have a hearing loss 501.28to parents of newly identified infants and 501.29children with hearing loss.501.30Base Adjustment. The general fund base is 501.31$2,387,000 in each of fiscal years 2010 and 501.322011.

501.33(g) Chemical Dependency Entitlement Grants

502.1General 78,618,000 88,957,000

502.2502.3(h) Chemical Dependency Nonentitlement Grants

502.4General1,605,0001,805,000502.5TANF150,000150,000

502.6Alcohol and Drug Intervention. Of this 502.7appropriation, $300,000 each year from the 502.8general fund and $150,000 each year from 502.9the TANF fund are to the commissioner for 502.10the purposes of a program in Ramsey County 502.11that provides early intervention efforts 502.12designed to discourage pregnant women 502.13from using alcohol and illegal drugs. The 502.14appropriation shall not become part of base 502.15level funding and is available until spent.502.16Long-Term Homelessness. Of the general 502.17fund appropriation, $1,900,000 each year is 502.18for implementation of programs to address 502.19long-term homelessness.502.20Methamphetamine Abuse Grants. Of the 502.21general fund appropriation, $175,000 in the 502.22first year and $375,000 in the second year 502.23are for grants to existing programs that treat 502.24methamphetamine abuse, and the abuse 502.25of other substances in Carlton, Faribault, 502.26Martin, Olmsted, and Anoka Counties, that 502.27received grant funds under Laws 2005, 502.28chapter 136, article 1, section 9, subdivision 502.296. The commissioner shall administer the 502.30grants to programs that the commissioner 502.31deems successful, and may discontinue 502.32grants to programs after an evaluation of 502.33the program and a determination by the 502.34commissioner that the program should no 503.1longer receive funds. This appropriation 503.2shall not become part of base level funding.503.3Base Adjustment. The general fund base is 503.4$1,055,000 in each of fiscal years 2010 and 503.52011.

503.6(i) Other Continuing Care Grants

503.7General 21,889,000 17,856,000

503.8Family Support Program; SILS.  The 503.9commissioner must serve an additional 100 503.10persons in fiscal year 2008 and 200 persons 503.11in fiscal year 2009 in the family support grant 503.12program under Minnesota Statutes, section 503.13252.32, and an additional 100 persons in 503.14fiscal year 2008 and 200 persons in fiscal 503.15year 2009 in the semi-independent living 503.16services program under Minnesota Statutes, 503.17section 252.275.503.18Native American Juvenile Treatment 503.19Center. Of the general fund appropriation, 503.20$50,000 is to conduct a feasibility study 503.21of and to predesign a Native American 503.22juvenile treatment center on or near the 503.23White Earth Reservation. The facility must 503.24house and treat Native American juveniles 503.25and provide culturally specific programming 503.26to juveniles placed in the treatment center. 503.27The commissioner of human services may 503.28contract with parties who have experience 503.29in the design and construction of juvenile 503.30treatment centers to assist in the feasibility 503.31study and predesign. On or before January 503.3215, 2008, the commissioner shall present 503.33the results of the feasibility study and the 503.34predesign of the facility to the chairs of house 503.35of representatives and senate committees 504.1having jurisdiction over human services 504.2finance, public safety finance, and capital 504.3investment.504.4Leech Lake Youth Treatment Center. Of 504.5the general fund appropriation, $75,000 each 504.6year are for a grant to the Leech Lake Youth 504.7Treatment Center project partners, in order 504.8to pay the salaries and other directly related 504.9costs associated with the development of this 504.10project. This is a onetime appropriation.504.11Repayment. Of the general fund 504.12appropriation, $4,302,000 the first year 504.13is to repay the amount of overspending 504.14in the waiver program for persons with 504.15developmental disabilities incurred by 504.16Fillmore, Steele, and St. Louis Counties in 504.17calendar years 2004 and 2005.504.18Department of Employment and Economic 504.19Development Transfer. For fiscal year 2008, 504.20the commissioner of  finance shall transfer 504.21$200,000 from the methamphetamine 504.22abatement loan fund to the commissioner 504.23of human services for methamphetamine 504.24treatment programs.504.25Base Adjustment. The general fund base 504.26is $18,228,000 in fiscal year 2010 and 504.27$18,282,000 in fiscal year 2011 for other 504.28continuing care grants.

504.29Subd. 9.Continuing Care Management

504.30General19,722,00019,914,000504.31504.32State Government Special Revenue122,000125,000504.33Health Care Access293,000-0-504.34Lottery Prize252,000157,000

505.1Quality Assurance System Expansion. Of 505.2the general fund appropriation, $200,000 505.3in fiscal year 2008 and $200,000 in fiscal 505.4year 2009 are to develop a statewide quality 505.5assurance and improvement system under 505.6Minnesota Statutes, section 256B.096, for 505.7persons receiving disability services. Any 505.8unspent portion of the appropriation for 505.9the first year shall not cancel but shall be 505.10available for the second year. These are 505.11onetime appropriations.505.12Base Adjustment. The general fund base 505.13is $19,745,000 in fiscal year 2010 and 505.14$19,835,000 in fiscal year 2011.505.15Disability Linkage Line. Of the general 505.16fund appropriation, $469,000 in fiscal year 505.172008 and $626,000 in fiscal year 2009 are to 505.18establish and maintain the disability linkage 505.19line.505.20Home Health Reimbursement Study. (1) 505.21Of the general fund appropriation, $100,000 505.22in fiscal year 2008 is to the commissioner to 505.23contract with a Minnesota-based, nonprofit 505.24quality improvement organization that 505.25collaborates with providers and consumers 505.26in health improvement activities, for the 505.27purpose of conducting an independent 505.28analysis of the reimbursement methodologies 505.29for home health services provided to 505.30enrollees in the Minnesota senior health 505.31options and Minnesota disability health 505.32options programs.505.33(2) The analysis of reimbursement 505.34methodologies shall include, at a minimum, 505.35a review of:506.1(i) any limitations on flexibility in services or 506.2technology for the home health provider;506.3(ii) the Medicare program reimbursement 506.4methodologies, including possible 506.5alternatives, and Medicare benefits;506.6(iii) potential access issues raised by current 506.7reimbursement methodologies; and506.8(iv) incentives, including episodic care 506.9reimbursement methodologies, to promote 506.10best practices and achieve identified clinical 506.11outcomes.506.12(3) The analysis and any supporting 506.13recommendations shall be presented to the 506.14commissioner by December 1, 2007, and 506.15to the chairs of the appropriate legislative 506.16committees by December 15, 2007. In no 506.17event shall the study disclose any specific 506.18reimbursement amount or methodologies 506.19attributable to an individual health carrier.506.20(4) In conducting its analysis, the 506.21organization described in paragraph (a) 506.22shall consult with the commissioner, the 506.23Minnesota Home Care Association, managed 506.24care organizations, and other interested 506.25home health entities and advocates, and 506.26shall convene the parties to discuss pertinent 506.27issues.

506.28Subd. 10.State-Operated Services

506.29Transfer Authority Related to 506.30State-Operated Services. Money 506.31appropriated to finance state-operated 506.32services programs and administrative 506.33services may be transferred between fiscal 507.1years of the biennium with the approval of 507.2the commissioner of finance.

507.3(a) Mental Health Services

507.4General116,185,000119,507,000

507.5Appropriation Limitation. No part of 507.6the appropriation in this article to the 507.7commissioner for mental health treatment 507.8services at the regional treatment centers 507.9shall be used for the Minnesota sex offender 507.10program.507.11Remembering With Dignity Project. (1) 507.12Of the general fund appropriation, $200,000 507.13is to the commissioner to be available until 507.14June 30, 2009, to make a grant to Advocating 507.15Change Together for the purposes of the 507.16Remembering With Dignity project in 507.17paragraph (2).507.18(2) As part of the Remembering With Dignity 507.19project, the grant recipient shall:507.20(i) conduct necessary research on persons 507.21buried in state cemeteries who were residents 507.22of state hospitals or regional treatment 507.23centers and buried in numbered or unmarked 507.24graves;507.25(ii) purchase and install headstones that are 507.26properly inscribed with their names on the 507.27graves of those persons; and507.28(iii) collaborate with community groups 507.29and state and local government agencies to 507.30build community involvement and public 507.31awareness, ensure public access to the 507.32graves, and ensure appropriate perpetual 507.33maintenance of state cemeteries.508.1Community Behavioral Health Hospitals.508.2Notwithstanding Minnesota Statutes, section 508.3246.51, subdivision 1, a determination order 508.4for clients in a community behavioral health 508.5hospital operated by the commissioner is 508.6only required when a client's third-party 508.7coverage has been exhausted.

508.8(b) Minnesota Sex Offender Services

508.9General67,614,00062,569,000

508.10508.11(c) Minnesota Security Hospital and METO Services

508.12General82,495,00084,505,000

508.13Minnesota Security Hospital. For the 508.14purposes of enhancing the safety of 508.15the public, improving supervision, and 508.16enhancing community-based mental health 508.17treatment, state-operated services may 508.18establish additional community capacity 508.19for providing treatment and supervision 508.20of clients who have been ordered into 508.21less restrictive alternative care from the 508.22state-operated services transitional services 508.23program consistent with Minnesota Statutes, 508.24section 246.014.

508.25Sec. 4. COMMISSIONER OF HEALTH

508.26Subdivision 1.Total Appropriation$ 161,774,000$ 155,440,000

508.27Appropriations by Fund508.2820082009508.29General 85,932,000 80,773,000508.30508.31State Government Special Revenue43,796,00042,799,000508.32Health Care Access20,628,00020,135,000508.33Federal TANF11,418,00011,733,000

508.34Pay for Performance. (a) For the biennium 508.35beginning July 1, 2009, of the general fund 509.1appropriation, $91,000 each year shall 509.2be made available to the commissioner 509.3of health on January 1, 2011, only after 509.4notification by the commissioner of health to 509.5the commissioner of finance and to the chairs 509.6of the relevant house of representatives and 509.7senate finance and policy committees that the 509.8state has met by that date the health disparity 509.9elimination goals established in Minnesota 509.10Statutes, section 145.928, subdivision 1.509.11(b) Regardless of whether these 509.12appropriations are made available to 509.13the commissioner of health, they shall be 509.14part of base level funding for the biennium 509.15beginning July 1, 2011.509.16(c) Notwithstanding any contrary provision 509.17of this article, this rider shall not expire.509.18Transfer from the State Government 509.19Special Revenue Fund. During the 509.20fiscal year beginning July 1, 2007, the 509.21commissioner of finance shall transfer 509.22$7,200,000 from the state government 509.23special revenue fund to the general fund.

509.24509.25Subd. 2.Community and Family Health Promotion

509.26Appropriations by Fund509.27General 44,672,000 44,436,000509.28509.29State Government Special Revenue870,000875,000509.30Health Care Access3,550,0003,586,000509.31Federal TANF8,735,0008,735,000

509.32TANF Appropriations. (a) $3,579,000 of 509.33the TANF funds is appropriated in each year 509.34of the biennium to the commissioner for 509.35home visiting and nutritional services listed 509.36under Minnesota Statutes, section 145.882, 510.1subdivision 7, clauses (6) and (7). Funding 510.2shall be distributed to community health 510.3boards based on Minnesota Statutes, section 510.4145A.131, subdivision 1.510.5(b) $4,000,000 in the first year and $4,000,000 510.6in the second year are appropriated to the 510.7commissioner of health for the family 510.8home visiting grant program according to 510.9Minnesota Statutes, section 145A.17. The 510.10commissioner may use five percent of the 510.11funds appropriated in each fiscal year to 510.12conduct the ongoing evaluations required 510.13under Minnesota Statutes, section 145A.17, 510.14subdivision 7, and may use ten percent of 510.15the funds appropriated each fiscal year to 510.16provide training and technical assistance as 510.17required under Minnesota Statutes, section 510.18145A.17, subdivisions 4 and 5.510.19TANF Carryforward. Any unexpended 510.20balance of the TANF appropriation in the 510.21first year of the biennium does not cancel but 510.22is available for the second year.510.23Loan Forgiveness. $400,000 in fiscal 510.24year 2010 and $400,000 in fiscal year 510.252011 from the state government special 510.26revenue fund are to the commissioner 510.27for the loan forgiveness program under 510.28Minnesota Statutes, section 144.1501. This 510.29appropriation shall not become part of base 510.30level funding for the biennium beginning 510.31July 1, 2011. Notwithstanding any contrary 510.32provision in this article, this rider expires 510.33December 31, 2011.510.34MN ENABL. Base level funding for the MN 510.35ENABL program, under Minnesota Statutes, 511.1section 145.9255, is reduced by $220,000 511.2each year of the biennium beginning July 1, 511.32007.511.4Fetal Alcohol Spectrum Disorder.511.5$500,000 each year is added to the base for 511.6fetal alcohol spectrum disorder.511.7(1) On July 1 of each fiscal year, the 511.8portion of the general fund appropriation 511.9to the commissioner of health for fetal 511.10alcohol spectrum disorder administration 511.11and grants shall be transferred to a 511.12statewide organization that focuses solely 511.13on prevention of and intervention with fetal 511.14alcohol spectrum disorder as follows:511.15(i) on July 1, 2007, $2,090,000; and511.16(ii) on July 1, 2008,  $2,090,000.511.17(2) The money shall be used for prevention 511.18and intervention services and programs, 511.19including, but not limited to, community 511.20grants, professional education, public 511.21awareness, and diagnosis. The organization 511.22may retain $60,000 of the transferred money 511.23for administrative costs. The organization 511.24shall report to the commissioner annually 511.25by January 15 on the services and programs 511.26funded by the appropriation.511.27(3) Notwithstanding any contrary provision 511.28in this article, this rider shall not expire.511.29Deaf or Hearing Loss Support. $100,000 511.30for the first year and $100,000 for the second 511.31year is for the purpose of providing family 511.32support and assistance to families with 511.33children who are deaf or have a hearing 511.34loss. The family support provided must 512.1include direct parent-to-parent assistance and 512.2information on communication, educational, 512.3and medical options. The commissioner 512.4may contract with a nonprofit organization 512.5that has the ability to provide these services 512.6throughout the state.512.7Heart Disease and Stroke Prevention. Of 512.8the general fund appropriation, $200,000 the 512.9first year is for the heart disease and stroke 512.10prevention unit to fund data collection and 512.11other activities to improve cardiovascular 512.12health and reduce the burden of heart disease 512.13and stroke in Minnesota. This is a onetime 512.14appropriation.512.15Family Planning Grants. Of the TANF 512.16appropriation, $1,156,000 each year is for 512.17family planning grants under Minnesota 512.18Statutes, section 145.925.512.19Suicide prevention programs. $355,000 512.20in fiscal year 2008 and $145,000 in fiscal 512.21year 2009 are to fund the suicide prevention 512.22program.512.23Hearing Aid and Instrument Loan Bank.512.24Of the general fund appropriation, $70,000 512.25each year is to the commissioner for the 512.26purpose of providing a grant to cover 512.27administrative costs for a statewide hearing 512.28aid and instrument loan bank to families with 512.29children newly diagnosed with hearing loss 512.30from birth to the age of ten.512.31Medical Home Learning Collaborative.512.32Of the general fund appropriation, $500,000 512.33in fiscal year 2008 and $500,000 in fiscal 512.34year 2009 are to expand the medical 512.35home learning collaborative initiative in 513.1collaboration with the commissioner of 513.2human services. Services provided under this 513.3funding must support a medical home model 513.4for children with special health care needs. 513.5The collaborative shall report back to the 513.6legislature on use of the funds by January 15, 513.72010. This appropriation shall not become 513.8part of the base funding for the 2010-2011 513.9biennium.513.10Community Collaboratives. Of the general 513.11fund appropriation, $300,000 in fiscal 513.12year 2008 is to provide planning grants 513.13to community collaboratives to cover the 513.14uninsured. This is a onetime appropriation.513.15Base Adjustment. General fund base is 513.16$43,936,000 in each of fiscal years 2010 and 513.172011. State government special revenue base 513.18is $1,275,000 in each fiscal years 2010 and 513.192011.

513.20Subd. 3.Policy, Quality, and Compliance

513.21Appropriations by Fund513.22General 12,402,000 11,950,000513.23513.24State Government Special Revenue13,451,00013,597,000513.25Health Care Access17,078,00016,549,000

513.26Transformation Task Force. Of the general 513.27fund appropriation, $170,000 the first year 513.28is for the health care Transformation Task 513.29Force.513.30Health Care Access Survey. Of the 513.31health care access fund appropriation, 513.32$600,000 in fiscal year 2008 is appropriated 513.33to the commissioner to conduct a health 513.34insurance survey of Minnesota households, 513.35in partnership with the State Health Access 514.1Data Assistance Center at the University 514.2of Minnesota. The commissioner shall 514.3contract with the State Health Access Data 514.4Assistance Center to conduct a survey that 514.5provides information on the characteristics 514.6of the uninsured in Minnesota and the 514.7reasons for changing patterns of insurance 514.8coverage and access to health care services. 514.9This appropriation shall become part of the 514.10agency's base budget for even-numbered 514.11fiscal years.514.12MERC Federal Compliance. Of the general 514.13fund appropriation, $6,750,000 each year is 514.14to the commissioner to distribute to the Mayo 514.15Clinic for the purpose of providing transition 514.16funding while federal compliance changes 514.17are made to the medical education and 514.18research cost funding distribution formula in 514.19Minnesota Statutes, section 62J.692.514.20The base level funding for 2010 and 2011 is 514.21$2,500,000 each year.514.22Notwithstanding any contrary provision of 514.23this article, this rider expires June 30, 2012.514.24Health Information Technology. Of 514.25the health care access fund appropriation, 514.26$6,750,000 each fiscal year is to implement 514.27Minnesota Statutes, section 144.3345. Up 514.28to $350,000 each fiscal year is available for 514.29grant administration and health information 514.30technology technical assistance and 514.31$6,400,000 each year is to establish a 514.32revolving loan account under Minnesota 514.33Statutes, section 62J.496. This appropriation 514.34shall not be included in the agency's base 515.1budget for the fiscal year beginning July 1, 515.22009.515.3Uniform Electronic Transactions. Of the 515.4general fund appropriation, $146,000 in fiscal 515.5year 2008 is for development of uniform 515.6electronic transactions and implementation 515.7guide standards under Minnesota Statutes, 515.8section 62J.536.515.9Federally Qualified Health Centers. Of the 515.10general fund appropriation, $1,500,000 in 515.11each fiscal year is for subsidies to federally 515.12qualified health centers under Minnesota 515.13Statutes, section 145.9269.515.14Base Adjustment. The general fund base 515.15is $7,846,000 in each of fiscal years 2010 515.16and 2011. The health care access fund 515.17base is $3,503,000 in fiscal year 2010 and 515.18$2,903,000 in fiscal year 2011.

515.19Subd. 4.Health Protection

515.20Appropriations by Fund515.21General 15,314,000 10,851,000515.22515.23State Government Special Revenue27,475,00028,327,000

515.24Pandemic Influenza Preparedness. Of the 515.25general fund appropriation $115,000 in fiscal 515.26year 2008 is for department activities of 515.27epidemiology, laboratory services, exercises, 515.28and planning. This appropriation shall not 515.29become part of base level funding for the 515.30biennium beginning July 1, 2009.515.31Pandemic Influenza Preparedness.515.32$3,970,000 is to prepare for and respond 515.33to a pandemic influenza outbreak. Of this 515.34appropriation, $1,985,000 is to purchase 515.35antiviral medications and $1,985,000 is to 516.1prepare and manage a stockpile of health 516.2care supplies.516.3AIDS Prevention Initiative Focusing on 516.4Foreign-born Residents. $250,000 in 2008 516.5is for an AIDS prevention initiative focusing 516.6on foreign-born residents. This appropriation 516.7is a onetime appropriation and shall not 516.8become part of the base level funding for the 516.92010-2011 biennium.516.10The commissioner of health shall award 516.11grants in accordance with Minnesota Statutes, 516.12section 145.924, paragraph (b), for a public 516.13education and awareness campaign targeting 516.14communities of foreign-born Minnesota 516.15residents. The grants shall be designed to 516.16promote knowledge and understanding about 516.17HIV and to increase knowledge in order 516.18to eliminate and reduce the risk for HIV 516.19infection; to encourage screening and testing 516.20for HIV; and to link individuals to public 516.21health and health care resources. The grants 516.22must be awarded to collaborative efforts that 516.23bring together nonprofit community-based 516.24groups with demonstrated experience in 516.25addressing the public health, health care, 516.26and social service needs of foreign-born 516.27communities.516.28Lead Abatement. $550,000 in each fiscal 516.29year is for the lead abatement program in 516.30Minnesota Statutes, section 144.9512.516.31Water Treatment. $40,000 in fiscal year 516.322008 is to augment any appropriation from the 516.33remediation fund to conduct an evaluation of 516.34point of use water treatment units at removing 516.35perfluorooctanoic acid, perfluorooctane 517.1sulfonate, and perfluorobutanoic acid from 517.2known concentrations of these compounds 517.3in drinking water. The evaluation shall be 517.4completed by December 31, 2007, and the 517.5commissioner may contract for services to 517.6complete the evaluation. This is a onetime 517.7appropriation.517.8HIV Information. $80,000 each year 517.9is to fund a community-based nonprofit 517.10organization with demonstrated capacity to 517.11operate a statewide HIV information and 517.12referral service using telephone, Internet, 517.13and other appropriate technologies. This 517.14appropriation shall become part of base level 517.15funding for the biennium beginning July 1, 517.162009.517.17Base Adjustment. The general fund base is 517.18$10,751,000 in each of the fiscal years 2010 517.19and 2011.

517.20Subd. 5.Minority and Multicultural Health

517.21Appropriations by Fund517.22General5,047,0005,012,000517.23Federal TANF2,683,0002,998,000

517.24TANF Appropriations. (a) $2,000,000 517.25of the TANF funds is appropriated in each 517.26year of the biennium to the commissioner 517.27for decreasing racial and ethnic disparities 517.28in infant mortality rates under Minnesota 517.29Statutes, section 145.928, subdivision 7.517.30(b) $503,000 the first year and $818,000 517.31the second year of the TANF funds are 517.32appropriated to the commissioner for the 517.33family home visiting and grant program 517.34under Minnesota Statutes, section 145A.17. 517.35Funding shall be distributed to tribal 518.1governments based on Minnesota Statutes, 518.2section 145A.14, subdivision 2a, paragraph 518.3(b). The commissioner may use five percent 518.4of the funds appropriated in each fiscal year 518.5to conduct the ongoing evaluations required 518.6under Minnesota Statutes, section 145A.17, 518.7subdivision 7, and may use ten percent of 518.8the funds appropriated each fiscal year to 518.9provide training and technical assistance as 518.10required under Minnesota Statutes, section 518.11145A.17, subdivisions 4 and 5.518.12TANF Carryforward. Any unexpended 518.13balance of the TANF appropriation in the 518.14first year of the biennium does not cancel but 518.15is available for the second year.

518.16Subd. 6.Administrative Support Services

518.17Appropriations by Fund518.18General8,497,0008,524,000518.19518.20State Government Special Revenue2,000,000-0-

518.21Disease Surveillance. Of the state 518.22government special revenue fund 518.23appropriation, $2,000,000 the first year is for 518.24redesigning and implementing coordinated 518.25and modern disease surveillance systems 518.26for the department, and for modifying the 518.27Minnesota Cancer Surveillance database and 518.28communicating with providers to include 518.29occupational and residential histories. This 518.30is a onetime appropriation.

518.31518.32Sec. 5. VETERANS NURSING HOMES BOARD$ 43,434,000$ 45,456,000

518.33Veterans Homes Special Revenue Account.518.34The general fund  appropriations made to 518.35the board may be transferred to a veterans 519.1homes special revenue account in the 519.2special revenue fund in the same manner 519.3as other receipts are deposited according to 519.4Minnesota Statutes, section 198.34, and are 519.5appropriated to the board for the operation of 519.6board facilities and programs.519.7Repair and Betterment. Of this 519.8appropriation, $3,500,000 in fiscal year 2008 519.9and $3,500,000 in fiscal year 2009 are to be 519.10used for repair, maintenance, rehabilitation, 519.11and betterment activities at facilities 519.12statewide. This is a onetime appropriation.519.13Base Adjustment. The general fund base is 519.14$41,956,000 in each year of the fiscal 2010 519.15and 2011 biennium.519.16Pay for Performance. (a) For fiscal year 519.172008, $50,000 shall be made available to 519.18the board on January 1, 2009, only after 519.19notification by the board to the commissioner 519.20of finance and to the chairs of the relevant 519.21house of representatives and senate finance 519.22and policy committees that during the period 519.23October 1, 2007, to September 30, 2008, the 519.24Department of Health has not issued any 519.25penalty assessments under the provisions 519.26of Minnesota Statutes, section 144.653 or 519.27144A.10, or any correction orders under the 519.28provisions of Minnesota Statutes, section 519.29144.653 or 144A.10, that the Department 519.30of Health deems equivalent to findings of 519.31either immediate jeopardy or substandard 519.32quality of care, as defined in Code of Federal 519.33Regulations, title 42, section 488.301.519.34(b) Regardless of whether this appropriation 519.35is made available to the board, it shall be 520.1part of base level funding for the biennium 520.2beginning July 1, 2009.

520.3Sec. 6. HEALTH-RELATED BOARDS

520.4520.5Subdivision 1.Total Appropriation; State Government Special Revenue Fund$14,654,000$14,527,000

520.6The amounts that may be spent for each 520.7purpose are specified in the following 520.8subdivisions.

520.9Subd. 2.Board of Chiropractic Examiners450,000447,000

520.10Subd. 3.Board of Dentistry987,0001,009,000

520.11520.12Subd. 4.Board of Dietetic and Nutrition Practice103,000119,000

520.13Base Adjustment. Of this appropriation in 520.14fiscal year 2009, $14,000 is onetime.

520.15520.16Subd. 5.Board of Marriage and Family Therapy134,000154,000

520.17Base Adjustment. Of this appropriation in 520.18fiscal year 2009, $17,000 is onetime.

520.19Subd. 6.Board of Medical Practice4,120,0003,674,000

520.20Subd. 7.Board of Nursing3,985,0004,146,000

520.21520.22Subd. 8.Board of Nursing Home Administrators633,000647,000

520.23Administrative Services Unit. Of this 520.24appropriation, $430,000 in fiscal year 520.252008 and $439,000 in fiscal year 2009 are 520.26for the administrative services unit. The 520.27administrative services unit may receive 520.28and expend reimbursements for services 520.29performed by other agencies.

520.30Subd. 9.Board of Optometry98,000114,000

520.31Base Adjustment. Of this appropriation in 520.32fiscal year 2009, $13,000 is onetime.

520.33Subd. 10.Board of Pharmacy1,375,0001,442,000

521.1Base Adjustment. Of this appropriation in 521.2fiscal year 2009, $29,000 is onetime.

521.3Subd. 11.Board of Physical Therapy306,000295,000

521.4Subd. 12.Board of Podiatry54,00063,000

521.5Base Adjustment. Of this appropriation in 521.6fiscal year 2009, $7,000 is onetime.

521.7Subd. 13.Board of Psychology788,000806,000

521.8Subd. 14.Board of Social Work997,0001,022,000

521.9Subd. 15.Board of Veterinary Medicine230,000195,000

521.10521.11Subd. 16.Board of Behavioral Health and Therapy394,000394,000

521.12521.13Sec. 7. EMERGENCY MEDICAL SERVICES BOARD$4,421,000$4,467,000

521.14Appropriations by Fund521.1520082009521.16General3,734,0003,763,000521.17521.18State Government Special Revenue687,000704,000

521.19Regional Grants. Of the general fund 521.20appropriation, $400,000 in fiscal year 2008 521.21and $400,000 in fiscal year 2009 are to 521.22the board for regional emergency medical 521.23services programs, to be distributed equally 521.24to the eight emergency medical service 521.25regions. This amount shall not become part 521.26of base level funding. Notwithstanding 521.27Minnesota Statutes, section 144E.50, 100 521.28percent of the appropriation shall be passed 521.29on to the emergency medical service regions.521.30Longevity Award and Incentive Program.521.31(a) Of the general fund appropriation, 521.32$700,000 in fiscal year 2008 and $700,000 521.33in fiscal year 2009 are to the board for the 521.34ambulance service personnel longevity award 522.1and incentive program, under Minnesota 522.2Statutes, section 144E.40.522.3(b) In fiscal year 2008, $800,000 shall be 522.4transferred from the ambulance service 522.5personnel longevity award and incentive 522.6trust to the general fund.522.7Health Professional Services Program.522.8$687,000 in fiscal year 2008 and $704,000 in 522.9fiscal year 2009 from the state government 522.10special revenue fund are for the health 522.11professional services program.522.12Base Adjustment. The general fund base is 522.13$3,363,000 in each year of the fiscal 2010 522.14and 2011 biennium.

522.15Sec. 8. COUNCIL ON DISABILITY$812,000$524,000

522.16Assistive Technology. Of the general 522.17fund appropriation to the Council on 522.18Disability in fiscal year 2008, $100,000 522.19is to provide financial support to the 522.20Minnesota Regional Assistive Technology 522.21Collaborative, and $200,000 is for a transfer 522.22to the commissioner of administration 522.23for the purposes of completing the state's 522.24remaining share of the local match required 522.25to access the federal Technology Related 522.26Assistance Act for Persons with Disabilities, 522.27Title III, Alternative Financing Project 2003 522.28grant award, which provides microloans 522.29to individuals for the purpose of acquiring 522.30assistive technology devices and services.

522.31522.32522.33Sec. 9. OMBUDSMAN FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES$1,584,000$1,655,000

522.34Sec. 10. OMBUDSMAN FOR FAMILIES$255,000$265,000

523.1    Sec. 11. Minnesota Statutes 2006, section 16A.724, is amended by adding a 523.2subdivision to read:523.3    Subd. 3.MinnesotaCare federal receipts.Receipts received as a result of federal 523.4participation pertaining to administrative costs of the Minnesota health care reform waiver 523.5shall be deposited as nondedicated revenue in the health care access fund. Receipts 523.6received as a result of federal participation pertaining to grants shall be deposited in the 523.7federal fund and shall offset health care access funds for payments to providers.523.8    Sec. 12. Minnesota Statutes 2006, section 16A.724, is amended by adding a 523.9subdivision to read:523.10    Subd. 4.MinnesotaCare funding.The commissioner of human services may 523.11expend money appropriated from the health care access fund for MinnesotaCare in either 523.12year of the biennium.523.13    Sec. 13. Minnesota Statutes 2006, section 69.021, subdivision 11, is amended to read:523.14    Subd. 11. Excess police state-aid holding account. (a) The excess police state-aid 523.15holding account is established in the general fund. The excess police state-aid holding 523.16account must be administered by the commissioner.523.17    (b) Excess police state aid determined according to subdivision 10, must be 523.18deposited in the excess police state-aid holding account.523.19    (c) From the balance in the excess police state-aid holding account, $900,000 523.20is appropriated to and must be transferredcanceled annually to the ambulance service 523.21personnel longevity award and incentive suspense account established by section 144E.42, 523.22subdivision 2 to the general fund.523.23    (d) If a police officer stress reduction program is created by law and money is 523.24appropriated for that program, an amount equal to that appropriation must be transferred 523.25to the administrator of that program from the balance in the excess police state-aid holding 523.26account.523.27    (e) On October 1 of each year, one-half of the balance of the excess police 523.28state-aid holding account remaining after the deductions under paragraphs (c) and (d) is 523.29appropriated for additional amortization aid under section 
         423A.02, subdivision 1b.523.30    (f) Annually, the remaining balance in the excess police state-aid holding account, 523.31after the deductions under paragraphs (c), (d), and (e), cancels to the general fund.523.32    Sec. 14. Minnesota Statutes 2006, section 245.771, is amended by adding a subdivision 523.33to read:524.1    Subd. 4.Food stamp bonus awards.In the event that Minnesota qualifies for 524.2the United States Department of Agriculture Food and Nutrition Services Food Stamp 524.3Program performance bonus awards, the funding is appropriated to the commissioner. The 524.4commissioner shall retain 25 percent of the funding and distribute the other 75 percent 524.5among the counties according to a formula that takes into account each county's impact 524.6on state performance in the applicable bonus categories.524.7    Sec. 15. Minnesota Statutes 2006, section 256.01, is amended by adding a subdivision 524.8to read:524.9    Subd. 23.Nonstate funding for program costs.Notwithstanding sections 16A.013 524.10to 16A.016, the commissioner may accept, on behalf of the state, additional funding 524.11from sources other than state funds for the purpose of financing the cost of assistance 524.12program grants or nongrant administration. All additional funding is appropriated to the 524.13commissioner for use as designated by the grantor of funding.524.14    Sec. 16. Minnesota Statutes 2006, section 256.01, is amended by adding a subdivision 524.15to read:524.16    Subd. 24.Systems continuity.In the event of disruption of technical systems or 524.17computer operations, the commissioner may use available grant appropriations to ensure 524.18continuity of payments for maintaining the health, safety, and well-being of clients served 524.19by programs administered by the Department of Human Services. Grant funds must be 524.20used in a manner consistent with the original intent of the appropriation.524.21    Sec. 17. Minnesota Statutes 2006, section 256J.02, is amended by adding a subdivision 524.22to read:524.23    Subd. 6.TANF funds appropriated to other entities.Any expenditures from 524.24the TANF block grant shall be expended in accordance with the requirements and 524.25limitations of part A of Title IV of the Social Security Act, as amended, and any other 524.26applicable federal requirement or limitation. Prior to any expenditure of these funds, the 524.27commissioner shall ensure that funds are expended in compliance with the requirements 524.28and limitations of federal law and that any reporting requirements of federal law are 524.29met. It shall be the responsibility of any entity to which these funds are appropriated to 524.30implement a memorandum of understanding with the commissioner that provides the 524.31necessary assurance of compliance prior to any expenditure of funds. The commissioner 524.32shall receipt TANF funds appropriated to other state agencies and coordinate all related 524.33interagency accounting transactions necessary to implement these appropriations. 525.1Unexpended TANF funds appropriated to any state, local, or nonprofit entity cancel at the 525.2end of the state fiscal year unless appropriating or statutory language permits otherwise.525.3    Sec. 18. Minnesota Statutes 2006, section 256J.77, is amended to read:525.4256J.77 AGING OF CASH BENEFITS.525.5    Cash benefits under chapters 256D, 256J, and 256K, except food stamp benefits 525.6under chapter 256D,  by warrants or electronic benefit transfer that have not been accessed 525.7within 90 days of issuance shall be canceled. Cash benefits may be replaced after they are 525.8canceled, for up to one year after the date of issuance, if failure to do so would place the 525.9client or family at risk. For purposes of this section, "accessed" means cashing a warrant 525.10or making at least one withdrawal from benefits deposited in an electronic benefit account.525.11    Sec. 19. Minnesota Statutes 2006, section 518A.56, is amended by adding a 525.12subdivision to read:525.13    Subd. 13.Child support payment center.Payments to the commissioner from 525.14other governmental units, private enterprises, and individuals for services performed by 525.15the child support payment center must be deposited in the state systems account authorized 525.16under section 256.014. These payments are appropriated to the commissioner for the 525.17operation of the child support payment center or system, according to section 256.014.525.18    Sec. 20. NONGRANT OPERATING CARRYFORWARD.525.19    For the biennium ending June 30, 2007, any remaining nongrant operating balances 525.20in the Department of Human Services, Minnesota Department of Health, veterans homes, 525.21health-related boards, emergency medical services boards, Council on Disability, the 525.22ombudsman for mental health and developmental disabilities, and the ombudsman 525.23for families direct appropriated accounts may be transferred, with the approval of the 525.24commissioner of finance, to a special revenue account. Funds in those accounts are 525.25appropriated for costs associated with onetime technology, infrastructure, and systems 525.26development projects. Remaining nongrant operating balances in fiscal year 2007 in 525.27the Minnesota sex offender program and the Minnesota security hospital shall not be 525.28transferred.525.29    (a) Transfers to a special revenue account shall be reported to the chairs and the 525.30ranking members of the senate Health and Human Services Budget Division and the house 525.31of representatives Health Care and Human Services Finance Division.526.1    (b) When these balances originate in nongeneral funds, the transfers shall be made 526.2to separate accounts within the same funds and may only be used to support projects 526.3relevant to the original funding source.526.4    (c) Uses of these special revenue account funds shall be reported annually by each 526.5agency to the commissioner of finance, and to the chairs and ranking members of the 526.6senate Health and Human Services Budget Division and the house of representatives 526.7Health Care and Human Services Finance Division.526.8EFFECTIVE DATE.This section is effective the day following final enactment.526.9    Sec. 21. TRANSFERS.526.10    Subdivision 1.Grants.The commissioner of human services, with the approval 526.11of the commissioner of finance and after notifying the chairs of the senate and house 526.12committees with jurisdiction, may transfer unencumbered appropriation balances for the 526.13biennium ending June 30, 2009, within fiscal years among the MFIP; general assistance; 526.14general assistance medical care; medical assistance; MFIP child care assistance under 526.15Minnesota Statutes, section 119B.05; Minnesota supplemental aid and group residential 526.16housing programs; and the entitlement portion of the chemical dependency consolidated 526.17treatment fund and between fiscal years of the biennium.526.18    Subd. 2.Administration.Positions, salary money, and nonsalary administrative 526.19money may be transferred within the Departments of Human Services and Health and 526.20within the programs operated by the Veterans Nursing Homes Board as the commissioners 526.21and the board consider necessary, with the advance approval of the commissioner of 526.22finance. The commissioner or the board shall inform the chairs of the house and senate 526.23committees with jurisdiction quarterly about transfers made under this provision.526.24    Sec. 22. INDIRECT COSTS NOT TO FUND PROGRAMS.526.25    The commissioners of health and of human services shall not use indirect cost 526.26allocations to pay for the operational costs of any program for which they are responsible.526.27    Sec. 23. SUNSET OF UNCODIFIED LANGUAGE.526.28    All uncodified language contained in this article expires on June 30, 2009, unless a 526.29different expiration date is explicit.526.30    Sec. 24. EFFECTIVE DATE.526.31    The provisions in this article are effective July 1, 2007, unless a different effective 526.32date is specified.