ARTICLE 1

GENERAL EDUCATION

120A.41 LENGTH OF SCHOOL YEAR; deleted text begin DAYSdeleted text end new text begin HOURSnew text end OF INSTRUCTION.

new text begin [127A.431] REDUCTION OF AID FOR NOT PROVIDING REQUIRED
HOURS OF INSTRUCTION.
new text end

127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.

ARTICLE 2

EDUCATION EXCELLENCE

120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.

new text begin [120B.17] MINNESOTA VIRTUAL EDUCATION PROGRAM.
new text end

120B.362 VALUE-ADDED ASSESSMENT PROGRAM.

new text begin [122A.426] STATE OF MINNESOTA MIDCAREER ALTERNATIVE
ROUTE TO TEACHING (SMART PROGRAM).
new text end

new text begin [124D.98] SUMMER OF SUCCESS.
new text end

ARTICLE 3

SPECIAL PROGRAMS

ARTICLE 4

FACILITIES AND TECHNOLOGY

125B.26 TELECOMMUNICATIONS/INTERNET ACCESS EQUITY AID.

ARTICLE 5

NUTRITION AND ACCOUNTING

ARTICLE 6

LIBRARIES

ARTICLE 7

EARLY CHILDHOOD EDUCATION

ARTICLE 8

PREVENTION

ARTICLE 9

SELF-SUFFICIENCY AND LIFELONG LEARNING

ARTICLE 10

STATE AGENCIES

122A.416 ALTERNATIVE TEACHER COMPENSATION REVENUE
FOR deleted text begin PERPICH CENTER FOR ARTS EDUCATION ANDdeleted text end MULTIDISTRICT
INTEGRATION COLLABORATIVES.

new text begin [124D.101] PERPICH CENTER FOR ARTS EDUCATION.
new text end

ARTICLE 11

PELRA

new text begin [179A.50] TEACHER AND SCHOOL BOARD NEGOTIATIONS.
new text end

ARTICLE 12

HIGHER EDUCATION APPROPRIATIONS

ARTICLE 13

OTHER HIGHER EDUCATION PROVISIONS

ARTICLE 14

CONTINUING CARE

252.43 COMMISSIONER'S DUTIES.

new text begin [256.0281] INTERAGENCY DATA EXCHANGE.
new text end

256B.0651 HOME CARE SERVICES.

256B.0652 deleted text begin PRIORdeleted text end AUTHORIZATION AND REVIEW OF HOME CARE
SERVICES.

256B.0653 HOME HEALTH AGENCY deleted text begin COVEREDdeleted text end SERVICES.

256B.0654 PRIVATE DUTY NURSING.

new text begin [256B.0659] PERSONAL CARE ASSISTANCE PROGRAM.
new text end

new text begin [256B.4912] HOME AND COMMUNITY-BASED WAIVERS;
PROVIDERS AND PAYMENT.
new text end

ARTICLE 15

MFIP/CHILD CARE

256J.621 WORK PARTICIPATION CASH BENEFITS.

ARTICLE 16

ADULT SUPPORTS

256D.46 EMERGENCY deleted text begin MINNESOTA SUPPLEMENTALdeleted text end AID.

ARTICLE 17

PROGRAM INTEGRITY

new text begin [256.9832] STATE WELFARE FRAUD INVESTIGATIONS.
new text end

ARTICLE 18

CHILD SUPPORT

518A.60 COLLECTION; ARREARS ONLY.

ARTICLE 19

PROTECTING CHILDREN AND STRENGTHENING FAMILIES ACT

new text begin [256N.01] CITATION.
new text end

new text begin [256N.02] PUBLIC POLICY.
new text end

new text begin [256N.03] PUBLIC PRIORITIES.
new text end

new text begin [256N.04] DEFINITIONS.
new text end

new text begin [256N.05] USE OF FUNDS.
new text end

new text begin [256N.06] DUTIES OF COMMISSIONER OF HUMAN SERVICES.
new text end

new text begin [256N.07] PLAN.
new text end

new text begin [256N.08] GRANT ALLOCATION.
new text end

new text begin [256N.09] DUTIES OF COUNTY BOARDS.
new text end

ARTICLE 20

NORTHSTAR CARE FOR CHILDREN

256.991 RULES.

new text begin [256O.001] CITATION.
new text end

new text begin [256O.01] PUBLIC POLICY.
new text end

new text begin [256O.02] DEFINITIONS.
new text end

new text begin [256O.200] NORTHSTAR CARE FOR CHILDREN.
new text end

new text begin [256O.210] FOSTER CARE ASSISTANCE ELIGIBILITY.
new text end

new text begin [256O.220] GUARDIANSHIP ASSISTANCE ELIGIBILITY.
new text end

new text begin [256O.230] ADOPTION ASSISTANCE ELIGIBILITY.
new text end

new text begin [256O.240] ASSESSMENTS AND AGREEMENTS.
new text end

new text begin [256O.250] BENEFITS AND PAYMENTS.
new text end

new text begin [256O.260] FEDERAL SHARE, STATE SHARE, LOCAL SHARE.
new text end

new text begin [256O.270] ADMINISTRATION.
new text end

Section 1.

Sec. 2.

Subdivision 1.

Sec. 3.

Subd. 2.

Sec. 4.

Subd. 1a.

Sec. 5.

Subd. 2.

Sec. 6.

Subd. 2b.

Sec. 7.

Subd. 3.

Sec. 8.

new text begin Subd. 5. new text end

Sec. 9.

Subdivision 1.

new text begin EFFECTIVE DATE. new text end

Sec. 10.

Subd. 3.

new text begin EFFECTIVE DATE. new text end

Sec. 11.

Subd. 5.

Sec. 12.

Subd. 13.

Sec. 13.

Subdivision 1.

Sec. 14.

Subdivision 1.

Sec. 15.

Subd. 2.

Sec. 16.

Subdivision 1.

Sec. 17.

Subd. 8.

Sec. 18.

Subdivision 1.

Sec. 19.

Subd. 2a.

Sec. 20.

Subd. 34.

new text begin EFFECTIVE DATE. new text end

Sec. 21.

new text begin Subd. 37. new text end

Sec. 22.

Sec. 23.

Sec. 24.

Subd. 2.

Sec. 25.

Subd. 3.

Sec. 26.

new text begin Subd. 7b. new text end

Sec. 27.

Subd. 13.

Sec. 28. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

new text begin Subd. 7. new text end

new text begin Subd. 8. new text end

new text begin Subd. 9. new text end

new text begin Subd. 10. new text end

new text begin Subd. 11. new text end

Sec. 29. new text begin REPEALER.
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Section 1.

Subd. 2.

Sec. 2.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

Sec. 4.

Subdivision 1.

Sec. 5.

Subd. 1a.

Sec. 6.

Subd. 2.

Sec. 7.

Sec. 8.

Subd. 8.

Sec. 9.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

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new text begin Subd. 5. new text end

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Sec. 10.

Subd. 3.

new text begin EFFECTIVE DATE. new text end

Sec. 11.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

Sec. 12. new text begin U TEACH.
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Sec. 13. new text begin APPROPRIATIONS.
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new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

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new text begin Subd. 11. new text end

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new text begin Subd. 22. new text end

new text begin Subd. 23. new text end

new text begin Subd. 24. new text end

Sec. 14. new text begin REPEALER.
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Section 1. new text begin APPROPRIATIONS.
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new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

new text begin Subd. 7. new text end

Section 1.

Subdivision 1.

Subd. 2.

Subd. 3.

Subd. 4.

Subd. 5.

Subd. 6.

new text begin EFFECTIVE DATE. new text end

Sec. 2. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

Section 1. new text begin APPROPRIATIONS.
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new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

Section 1. new text begin DEPARTMENT OF EDUCATION; LIBRARY APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

Section 1. new text begin APPROPRIATIONS.
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new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

new text begin Subd. 7. new text end

Section 1. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

Section 1. new text begin APPROPRIATIONS.
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new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

Section 1.

Subd. 4.

Sec. 2.

Subd. 2.

Sec. 3.

new text begin EFFECTIVE DATE. new text end

Sec. 4.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 5. new text begin DISSOLUTION OF PERPICH CENTER FOR ARTS EDUCATION.
new text end

new text begin EFFECTIVE DATE. new text end

Sec. 6. new text begin RULEMAKING.
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

Sec. 7. new text begin APPROPRIATIONS; DEPARTMENT OF EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

Sec. 8. new text begin APPROPRIATIONS; MINNESOTA STATE ACADEMIES.
new text end

Sec. 9. new text begin APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.
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Sec. 10. new text begin REPEALER.
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Section 1.

Subd. 2.

Sec. 2.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

Sec. 3. new text begin REPEALER.
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Section 1. new text begin SUMMARY OF APPROPRIATIONS.
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new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

Sec. 2. new text begin HIGHER EDUCATION APPROPRIATIONS.
new text end

Sec. 3. new text begin MINNESOTA OFFICE OF HIGHER
EDUCATION
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new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

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new text begin Subd. 19. new text end

new text begin Subd. 20. new text end

new text begin Subd. 21. new text end

Sec. 4. new text begin BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND
UNIVERSITIES
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

Sec. 5. new text begin BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

Sec. 6. new text begin MAYO CLINIC
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

Section 1.

Subd. 4.

Sec. 2.

Subdivision 1.

Sec. 3.

new text begin Subd. 9. new text end

Sec. 4.

new text begin Subd. 9a. new text end

Section 1.

Subd. 2.

Sec. 2.

Subd. 4.

Sec. 3.

Subd. 8.

Sec. 4.

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Sec. 5.

new text begin Subd. 12. new text end

Sec. 6.

new text begin Subd. 7. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 7.

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Sec. 8.

Sec. 9.

new text begin Subd. 1a. new text end

Sec. 10.

Sec. 11.

Subd. 7.

Sec. 12.

Subd. 6a.

Sec. 13.

Subd. 7.

Sec. 14.

Subd. 8.

Sec. 15.

Subd. 8a.

Sec. 16.

Subd. 19a.

Sec. 17.

Subd. 19c.

Sec. 18.

Subdivision 1.

Subd. 2.

Subd. 3.

Subd. 4.

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Subd. 6.

Subd. 7.

Subd. 8.

Subd. 9.

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Subd. 11.

Subd. 12.

Subd. 13.

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new text begin Subd. 16. new text end

Sec. 19.

Subdivision 1.

Subd. 2.

Subd. 3.

Sec. 20.

Subdivision 1.

Subd. 2.

Subd. 3.

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

Sec. 21.

Subdivision 1.

Subd. 2.

new text begin Subd. 2a. new text end

new text begin Subd. 2b. new text end

Subd. 3.

Subd. 4.

Sec. 22.

Subd. 4.

Sec. 23.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

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Sec. 24.

Subdivision 1.

Sec. 25.

Subd. 1a.

Sec. 26.

new text begin Subd. 2b. new text end

Sec. 27.

new text begin Subd. 2c. new text end

Sec. 28.

Subd. 3.

Sec. 29.

Subd. 3a.

Sec. 30.

Subd. 4a.

Sec. 31.

Subd. 5.

Sec. 32.

Subd. 6.

Sec. 33.

Subd. 7.

Sec. 34.

Subd. 4.

Sec. 35.

Subd. 3e.

Sec. 36.

Subd. 3h.

Sec. 37.

Subd. 5.

Sec. 38.

new text begin Subd. 10. new text end

Sec. 39.

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Sec. 40.

Subd. 8a.

Sec. 41.

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Sec. 42.

Subdivision 1.

Sec. 43.

Subd. 5.

Sec. 44.

Subd. 6.

Sec. 45.

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Sec. 46.

new text begin Subd. 60. new text end

Sec. 47.

Subd. 12.

Sec. 48.

Subd. 13.

Sec. 49.

Subd. 14.

Sec. 50.

new text begin Subd. 22. new text end

Sec. 51.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

Sec. 52.

new text begin Subd. 8. new text end

Sec. 53. new text begin COLA COMPENSATION REQUIREMENTS.
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Sec. 54. new text begin AGING AND DISABILITY SERVICES FOR ADULTS.
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new text begin EFFECTIVE DATE. new text end

Sec. 55. new text begin PROVIDER RATE AND GRANT REDUCTIONS.
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Sec. 56. new text begin REVISOR'S INSTRUCTION.
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new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

Sec. 57. new text begin REPEALER.
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Section 1.

Subd. 7.

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Sec. 2.

Subdivision 1.

Sec. 3.

Subdivision 1.

Sec. 4.

Subd. 6.

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Sec. 5.

Subd. 3.

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Sec. 6.

Subd. 5a.

Sec. 7.

Subd. 10.

Sec. 8.

Subd. 3a.

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Sec. 9.

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Sec. 10.

Subd. 2.

Sec. 11.

Subd. 3.

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Sec. 12.

Sec. 13.

Subd. 6.

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Sec. 14.

new text begin Subd. 2a. new text end

Sec. 15.

Subd. 12.

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Sec. 16. new text begin REPEALER.
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Section 1.

Subd. 2.

Sec. 2.

Subd. 6.

Sec. 3.

Subdivision 1.

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Sec. 4.

Subd. 3.

Sec. 5.

Subd. 7.

Sec. 6.

Subdivision 1.

Sec. 7.

Subd. 10.

Sec. 8. new text begin REPEALER.
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Section 1.

Subd. 5.

Sec. 2.

Subd. 3.

Sec. 3.

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Sec. 4.

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Sec. 5. new text begin REPEALER.
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Section 1.

Subdivision 1.

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Sec. 2.

Subd. 4.

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Sec. 3.

Subd. 10.

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Sec. 4.

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Section 1.

Sec. 2.

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Sec. 3.

Sec. 4.

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Sec. 5.

Sec. 6.

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Sec. 7.

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Sec. 8.

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Sec. 9.

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new text begin Subd. 2. new text end

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new text begin Subd. 4. new text end

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Sec. 10. new text begin EFFECTIVE DATE.
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Sec. 11. new text begin REVISOR'S INSTRUCTION.
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Section 1.

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Sec. 2.

Subd. 2.

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Sec. 3.

Subd. 3.

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Sec. 4.

Subd. 4.

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Sec. 5.

Sec. 6.

Sec. 7.

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Sec. 8.

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Sec. 9.

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Sec. 10.

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Sec. 11.

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Sec. 12.

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new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

new text begin Subd. 7. new text end

new text begin Subd. 8. new text end

new text begin Subd. 9. new text end

new text begin Subd. 10. new text end

new text begin Subd. 11. new text end

new text begin Subd. 12. new text end

new text begin Subd. 13. new text end

Sec. 13.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

new text begin Subd. 7. new text end

new text begin Subd. 8. new text end

new text begin Subd. 9. new text end

new text begin Subd. 10. new text end

new text begin Subd. 11. new text end

new text begin Subd. 12. new text end

new text begin Subd. 13. new text end

new text begin Subd. 14. new text end

new text begin Subd. 15. new text end

new text begin Subd. 16. new text end

new text begin Subd. 17. new text end

new text begin Subd. 18. new text end

Sec. 14.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

Sec. 15.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

new text begin Subd. 7. new text end

new text begin Subd. 8. new text end

new text begin Subd. 9. new text end

new text begin Subd. 10. new text end

new text begin Subd. 11. new text end

Sec. 16.

Subd. 2.

new text begin EFFECTIVE DATE. new text end

Sec. 17.

Subd. 5.

new text begin EFFECTIVE DATE. new text end

Sec. 18.

Subd. 6.

new text begin EFFECTIVE DATE. new text end

Sec. 19.

new text begin Subd. 11. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 20.

new text begin Subd. 12. new text end

Qualifying plan.

Plan components.

Transitional planning year.

Alternative teacher professional pay system.

Approval process.

Report; continued funding.

new text begin Quality Compensation Advisory Council. new text end

Revenue amount.

Revenue timing.

Levy recognition.

Length of school year.

General education revenue.

Nonresident tuition rate; other costs.

Special education initial aid.

Definitions.

Out-of-state tuition.

General education revenue.

Extended time revenue.

Basic alternative teacher compensation aid.

new text begin Pay for progress revenue. new text end

Definitions.

Payment dates and percentages.

new text begin Advance final payment. new text end

Aid payment percentage.

new text begin Department of Education. new text end

new text begin General education aid. new text end

new text begin Enrollment options transportation. new text end

new text begin Abatement revenue. new text end

new text begin Consolidation transition. new text end

new text begin Nonpublic pupil education aid. new text end

new text begin Nonpublic pupil transportation. new text end

new text begin One-room schoolhouse. new text end

new text begin Independent School District No. 239, Rushford-Peterson. new text end

new text begin Lancaster. new text end

new text begin Compensatory revenue pilot project. new text end

Revisions and reviews required.

new text begin Program. new text end

new text begin Scope and requirements. new text end

new text begin Report. new text end

Statewide testing.

Statewide and local assessments; results.

Department of Education assistance.

deleted text begin Peerdeleted text end Review for continuing contract teachers.

new text begin Scope and requirements. new text end

new text begin Program. new text end

new text begin Program approval. new text end

new text begin Eligibility license. new text end

new text begin Standard entrance license. new text end

new text begin Qualified teacher. new text end

Integration revenue.

new text begin Establishment. new text end

new text begin Program administration. new text end

new text begin Program administration. new text end

new text begin Department of Education. new text end

new text begin Charter school building lease aid. new text end

new text begin Charter school startup aid. new text end

new text begin Integration aid. new text end

new text begin Magnet school grants. new text end

new text begin Interdistrict desegregation or integration transportation grants. new text end

new text begin Success for the future. new text end

new text begin American Indian teacher preparation grants. new text end

new text begin Tribal contract schools. new text end

new text begin Early childhood programs at tribal schools. new text end

new text begin Statewide testing and reporting system. new text end

new text begin Summer of success. new text end

new text begin Examination fees; teacher training and support programs. new text end

new text begin Advanced placement, preadvanced placement, and international
baccalaureate programs. new text end

new text begin Collaborative urban educator. new text end

new text begin Youth works program. new text end

new text begin Student organizations. new text end

new text begin Education Planning and Assessment System (EPAS) program. new text end

new text begin Early childhood literacy programs. new text end

new text begin Teacher centers. new text end

new text begin U TEACH. new text end

new text begin Teacher training programs. new text end

new text begin Principals' Leadership Institute. new text end

new text begin Minnesota virtual education. new text end

new text begin Department of Education. new text end

new text begin Special education; regular. new text end

new text begin Aid for children with disabilities. new text end

new text begin Travel for home-based services. new text end

new text begin Special education; excess costs. new text end

new text begin Court-placed special education revenue. new text end

new text begin Special education out-of-state tuition. new text end

Costs to be submitted.

E-rates.

Reimbursement criteria.

District aid.

Telecommunications/Internet access services for nonpublic schools.

Severability.

new text begin Department of Education. new text end

new text begin Health and safety revenue. new text end

new text begin Debt service equalization. new text end

new text begin Alternative facilities bonding aid. new text end

new text begin Equity in telecommunications access. new text end

new text begin Deferred maintenance aid. new text end

new text begin Department of Education. new text end

new text begin School lunch. new text end

new text begin School breakfast. new text end

new text begin Kindergarten milk. new text end

new text begin Summer school service replacement aid. new text end

new text begin Department of Education. new text end

new text begin Basic system support. new text end

new text begin Multicounty, multitype library systems. new text end

new text begin Electronic library for Minnesota. new text end

new text begin Regional library telecommunications aid. new text end

new text begin Department of Education. new text end

new text begin School readiness. new text end

new text begin Early childhood family education aid. new text end

new text begin Health and developmental screening aid. new text end

new text begin Head Start program. new text end

new text begin Educate parents partnership. new text end

new text begin Kindergarten entrance assessment initiative and intervention
program. new text end

new text begin Department of Education. new text end

new text begin Community education aid. new text end

new text begin Adults with disabilities program aid. new text end

new text begin Hearing-impaired adults. new text end

new text begin School-age care revenue. new text end

new text begin Department of Education. new text end

new text begin Adult basic education aid. new text end

new text begin GED tests. new text end

License and rules.

Teacher and support personnel qualifications.

new text begin Charter school established. new text end

new text begin Sponsor. new text end

new text begin State aid. new text end

new text begin Requiring college major in core content area. new text end

new text begin Standards of effective practice for beginning teachers. new text end

new text begin Principal licensure. new text end

new text begin Department of Education. new text end

new text begin Department. new text end

new text begin Board of Teaching; licensure by portfolio. new text end

School district requirements.

new text begin Application. new text end

new text begin Mediation. new text end

new text begin Binding arbitration. new text end

new text begin Summary By Fund. new text end

new text begin Summary By Agency - All Funds. new text end

new text begin Total Appropriation
new text end

new text begin State Grants
new text end

new text begin Safety Officers Survivors
new text end

new text begin Interstate Tuition Reciprocity
new text end

new text begin State Work Study
new text end

new text begin Child Care Grants
new text end

new text begin Indian Scholarships
new text end

new text begin Minitex
new text end

new text begin MnLINK Gateway
new text end

new text begin Learning Network of Minnesota
new text end

new text begin Minnesota College Savings Plan
new text end

new text begin Midwest Higher Education Compact
new text end

new text begin Intervention for College Attendance
Program Grants
new text end

new text begin Achieve Scholarship Program
new text end

new text begin Outreach; Student and Parent
Information
new text end

new text begin United Family Medicine Residency
Program
new text end

new text begin Campus Compact
new text end

new text begin Minnesota Minority Education
Partnership
new text end

new text begin Agency Administration
new text end

new text begin Balances Forward
new text end

new text begin Transfers
new text end

new text begin Total Appropriation
new text end

new text begin General Appropriation
new text end

new text begin Total Appropriation
new text end

new text begin Operations and Maintenance
new text end

new text begin Primary Care Education Initiatives
new text end

new text begin Special Appropriations
new text end

new text begin University of Minnesota and Mayo
Foundation Partnership
new text end

new text begin Academic Health Center
new text end

new text begin Total Appropriation
new text end

new text begin Medical School
new text end

new text begin Family Practice and Graduate
Residency Program
new text end

Minnesota Office of Higher Education responsibilities.

Definitions.

new text begin Appeal; resident status. new text end

new text begin Additional award for online course completion. new text end

Definitions.

Resident assessment schedule.

Request for reconsideration of resident classifications.

new text begin Nursing facility level of care. new text end

new text begin Appeal of nursing facility level of care determination. new text end

new text begin Licensing moratorium. new text end

new text begin Community residential setting license. new text end

new text begin Day training and habilitation rates. new text end

Consumer information and assistance; senior linkage.

Home health services.

Private duty nursing.

Physical therapy.

Occupational therapy.

Personal care assistant services.

Personal care.

Definitions.

Services covered.

Noncovered home care services.

deleted text begin Priordeleted text end Authorization; exceptions.

deleted text begin Retroactive authorization. deleted text end

deleted text begin Priordeleted text end Authorization.

deleted text begin Priordeleted text end Authorization; time limits.

deleted text begin Priordeleted text end Authorization requests; temporary services.

deleted text begin Priordeleted text end Authorization for foster care setting.

deleted text begin Limitation on payments. deleted text end

Limits on services without deleted text begin priordeleted text end authorization.

Approval of home care services.

Recovery of excessive payments.

new text begin Referrals to Medicare providers required. new text end

new text begin Quality assurance for program integrity. new text end

new text begin Oversight of enrolled providers. new text end

State coordination.

Duties.

Assessment and deleted text begin priordeleted text end authorization processnew text begin for persons receiving
personal care assistance and developmental disabilities servicesnew text end .

deleted text begin Homecare; skilled nurse visitsdeleted text end new text begin Scopenew text end .

deleted text begin Telehomecare; skilled nurse visitsdeleted text end new text begin Definitionsnew text end .

deleted text begin Therapies through home health agenciesdeleted text end new text begin Home health aide visitsnew text end .

new text begin Skilled nurse visit services. new text end

new text begin Home care therapies. new text end

new text begin Noncovered home health agency services. new text end

Definitions.

new text begin Authorization; new text end private duty nursing services.

new text begin Private duty nursing services. new text end

new text begin Noncovered private duty nursing services. new text end

Shared private duty nursing deleted text begin caredeleted text end option.

Hardship criteria; private duty nursing.

deleted text begin Priordeleted text end Authorizationnew text begin ; personal care assistance and qualified
professionalnew text end .

new text begin Definitions. new text end

new text begin Personal care assistance services; covered services. new text end

new text begin Noncovered personal care assistance services. new text end

new text begin Assessment for personal care assistance services. new text end

new text begin Service and support planning. new text end

new text begin Service plan. new text end

new text begin Personal care assistance care plan. new text end

new text begin Communication with recipient's physician. new text end

new text begin Responsible party; generally. new text end

new text begin Responsible party; duties; delegation. new text end

new text begin Personal care assistant; requirements. new text end

new text begin Documentation of personal care assistance services provided. new text end

new text begin Qualified professional; qualifications. new text end

new text begin Qualified professional; duties. new text end

new text begin Flexible use. new text end

new text begin Shared services. new text end

new text begin Shared services; rates. new text end

new text begin Personal care assistance choice option; generally. new text end

new text begin Personal care assistance choice option; qualifications; duties. new text end

new text begin Personal care assistance choice option; administration. new text end

new text begin Requirements for initial enrollment of personal care assistance
provider agencies. new text end

new text begin Annual review for personal care providers. new text end

new text begin Enrollment requirements following termination. new text end

new text begin Personal care assistance provider agency; general duties. new text end

new text begin Personal care assistance provider agency; background studies.
new text end

new text begin Personal care assistance provider agency; communicable disease
prevention. new text end

new text begin Personal care assistance provider agency; ventilator training. new text end

new text begin Personal care assistance provider agency; required documentation.
new text end

new text begin Transitional assistance. new text end

Purpose and goal.

Definitions.

new text begin Certified assessors. new text end

new text begin Assessor training and certification. new text end

Long-term care consultation team.

Assessment and support planning.

Preadmission screening activities related to nursing facility
admissions.

Administrative activity.

Payment for long-term care consultation services.

Reimbursement for certified nursing facilities.

Eligibility for funding for services for nonmedical assistance recipients.

Customized living service rate.

Service rate limits; 24-hour customized living services.

Assessments and reassessments for waiver clients.

new text begin Waiver payment rates; managed care organizations. new text end

new text begin Essential community supports grants. new text end

County concurrence.

new text begin Residential support services. new text end

Subrogation.

Private benefits to be used first.

Planned closure rate adjustment.

new text begin Single-bed payments for medical assistance recipients.
new text end

new text begin Rebasing not to be implemented. new text end

Informed choice.

Case management.

Assessment and reassessment.

new text begin Residential support services. new text end

new text begin Provider qualifications. new text end

new text begin Rate-setting methodologies. new text end

new text begin ICF/MR rate decreases effective July 1, 2009. new text end

new text begin Renumbering of Minnesota Statutes, section 256B.0652,
authorization and review of home care services. new text end

new text begin Renumbering personal care assistance services. new text end

Date of eligibility for assistance.

Fee schedule.

Subsidy restrictions.

Provider payments.

Other property limitations.

Food portion of MFIP transitional standard.

MFIP exit level.

Rental subsidies; unearned income.

new text begin Treatment of Supplemental Security Income. new text end

Approval of postsecondary education or training.

Eligibility.

Base allocation to counties and tribes; definitions.

new text begin County performance standards. new text end

Conversion or referral to MFIP.

Emergency need.

Recovery of overpayments.

Eligibility.

deleted text begin Income and resource test. deleted text end

deleted text begin Payment amount. deleted text end

Overpayment of monthly grants and recovery of ATM errors.

Countable income.

Scope of overpayment.

Food stamp program; Maternal and Child Nutrition Act.

Program integrity.

State agency hearings.

new text begin Program established. new text end

new text begin Relationship to county criminal welfare fraud investigative units.
new text end

new text begin County agency responsibilities. new text end

new text begin Department responsibilities. new text end

new text begin Department of Human Services claims. new text end

Definitions.

Collection services.

Arrearage order.

new text begin General. new text end

new text begin Racial disparities in child welfare. new text end

new text begin Scope. new text end

new text begin Adoptive care. new text end

new text begin Child protection investigation. new text end

new text begin Children services. new text end

new text begin Commissioner. new text end

new text begin County board. new text end

new text begin Family assessment response. new text end

new text begin Family-based crisis services. new text end

new text begin Foster care. new text end

new text begin Family preservation services. new text end

new text begin Guardianship assistance. new text end

new text begin Human services board. new text end

new text begin Independent living services. new text end

new text begin Permanency services. new text end

new text begin Postpermanency support services. new text end

new text begin Reunification services. new text end

new text begin Services for at-risk families. new text end

new text begin General supervision. new text end

new text begin Allocation of funds. new text end

new text begin Assistance. new text end

new text begin Accountability. new text end

new text begin Plan submitted to commissioner. new text end

new text begin Contents. new text end

new text begin Timelines. new text end

new text begin Public comment. new text end

new text begin Commissioner's responsibilities. new text end

new text begin Determination. new text end

new text begin Grant formula. new text end

new text begin Guaranteed floor. new text end

new text begin Payments. new text end

new text begin Responsibilities. new text end

new text begin Reports. new text end

new text begin Exemption from liability. new text end

new text begin Fees for services. new text end

new text begin Denial, reduction, or termination of services due to fiscal limitations.
new text end

Income exclusions.

Individuals who must be excluded from an assistance unit.

Individuals who may elect to be included in the assistance unit.

new text begin Scope. new text end

new text begin Adoption assistance. new text end

new text begin Assessment. new text end

new text begin At-risk child. new text end

new text begin Basic rate. new text end

new text begin Caregiver. new text end

new text begin Child-placing agency. new text end

new text begin Commissioner. new text end

new text begin County board. new text end

new text begin Disability. new text end

new text begin Foster care. new text end

new text begin Guardianship assistance. new text end

new text begin Human services board. new text end

new text begin Legally responsible agency. new text end

new text begin Maintenance payments. new text end

new text begin Permanent legal and physical custody. new text end

new text begin Reassessment. new text end

new text begin Relative. new text end

new text begin Relative custodian. new text end

new text begin Supplemental difficulty of care rate. new text end

new text begin Eligibility. new text end

new text begin Assessments and agreements. new text end

new text begin Benefits and payments. new text end

new text begin Shared cost of care. new text end

new text begin Administration and appeals. new text end

new text begin Transition. new text end

new text begin General eligibility requirements. new text end

new text begin Placement in foster care. new text end

new text begin Minor parent. new text end

new text begin Excluded activities. new text end

new text begin Transition from pre-2011. new text end

new text begin General eligibility requirements. new text end

new text begin Judicial determinations regarding permanency. new text end

new text begin Citizenship and immigration status. new text end

new text begin Background study. new text end

new text begin Residency. new text end

new text begin Exclusions. new text end

new text begin Termination. new text end

new text begin Transitioning in from pre-2011. new text end

new text begin General eligibility requirements. new text end

new text begin Special needs determination. new text end

new text begin Citizenship and immigration status. new text end

new text begin Background study. new text end

new text begin Residency. new text end

new text begin Exceptions and exclusions. new text end

new text begin Documentation. new text end

new text begin Termination. new text end

new text begin Death of adoptive parent or adoption dissolution. new text end

new text begin Extension, past age 18. new text end

new text begin Extension based on a continuing physical or mental disability. new text end

new text begin Extension based on continued enrollment in a secondary education
program. new text end

new text begin Extension for children whose adoption finalized after age 16. new text end

new text begin Transitioning in from pre-2011. new text end

new text begin Assessment. new text end

new text begin Commissioner to establish the assessment tool, process, and
requirements. new text end

new text begin Child care component of the assessment. new text end

new text begin Timing of initial assessment. new text end

new text begin Completing the assessment. new text end

new text begin Approval of assessments and reassessments. new text end

new text begin Timing of reassessments and requests for reassessments. new text end

new text begin Caregiver requests for reassessments. new text end

new text begin Notice for caregiver. new text end

new text begin Agreements. new text end

new text begin Negotiation of the agreement. new text end

new text begin Renegotiation of the agreement. new text end

new text begin Transition assessments. new text end

new text begin Benefits. new text end

new text begin Medical assistance. new text end

new text begin Basic monthly rate. new text end

new text begin Difficulty of care supplemental monthly rate. new text end

new text begin Daily rates. new text end

new text begin Revision. new text end

new text begin Home and vehicle modifications. new text end

new text begin Child income or income attributable to the child. new text end

new text begin Treatment of Supplemental Security Income. new text end

new text begin Treatment of RSDI, veteran's benefits, railroad retirement benefits,
and black lung benefits. new text end

new text begin Treatment of child support and MFIP. new text end

new text begin Payments. new text end

new text begin Effect of benefit on other aid. new text end

new text begin Waivered service plans. new text end

new text begin Overpayments. new text end

new text begin Payee. new text end

new text begin Notification of change. new text end

new text begin Termination notice for caregiver. new text end

new text begin Federal share. new text end

new text begin State share. new text end

new text begin Local share. new text end

new text begin Nonfederal share. new text end

new text begin Adjustments for proportionate shares among legally responsible
agencies. new text end

new text begin Responsibilities. new text end

new text begin Procedures, requirements, and deadlines. new text end

new text begin Administration of title IV-E programs. new text end

new text begin Reporting. new text end

new text begin Promotion of programs. new text end

new text begin Appeals and fair hearings. new text end

new text begin Transition; timelines; assessments. new text end

new text begin Transition; distribution of program information. new text end

new text begin Transition; renegotiation of adoption assistance agreements. new text end

new text begin Effective date of payment rates. new text end

new text begin Purchase of child-specific adoption services. new text end

Scope.

Relative custody assistance agreement.

Eligibility criteria.

new text begin Purpose and general eligibility requirements. new text end

new text begin Special needs determination. new text end

Engrossments
Introduction	Posted on 04/23/2009

A bill for an act
relating to state government; appropriating money for operation of state
government; changing certain provisions, requirements, and programs;
establishing certain programs; changing certain tax provisions and requirements;
requiring certain studies and reports; authorizing rulemaking; imposing
penalties; amending Minnesota Statutes 2008, sections 3.737, subdivision
1; 3.7371, subdivision 3; 13.7411, subdivision 8; 16A.725, subdivision
3; 17.03, subdivision 12; 18B.01, subdivision 8, by adding subdivisions;
18B.065, subdivision 2a, by adding subdivisions; 18B.26, subdivision 3;
18E.03, subdivision 2; 28A.085, subdivision 1; 32.394, subdivision 8;
41A.09, subdivisions 2a, 3a; 45.027, subdivision 1; 60A.315, subdivision 6;
61A.02, subdivisions 2, 2a; 61A.072, subdivision 11; 62J.692, subdivision
7; 70A.06, subdivision 2; 84.415, subdivision 5, by adding a subdivision;
84.63; 84.631; 84.632; 85.015, subdivision 1b; 85.019, by adding a subdivision;
93.481, subdivisions 1, 3, 5, 7; 97A.075, subdivision 1; 103A.204; 103B.151,
subdivision 1; 103B.315, subdivision 5; 103F.751; 103G.222, subdivision 1;
103G.301, subdivisions 2, 3; 103H.151, subdivision 4; 103H.175, subdivision 3;
103I.208, subdivision 2; 115A.072, subdivision 1; 115A.1314, subdivision 2;
115A.32; 115C.08, subdivision 4; 116C.02, by adding a subdivision; 116C.04,
subdivisions 1, 7; 116C.71, by adding a subdivision; 116F.06, subdivision 2;
116G.03, by adding a subdivision; 116G.15; 116G.151; 116J.8731, subdivisions
2, 3; 119B.02, subdivision 5; 119B.09, subdivision 7; 119B.12, subdivision
1; 119B.13, subdivisions 1, 6; 120A.41; 120B.023, subdivision 2; 120B.024;
120B.30, subdivisions 1, 1a, 2; 120B.362; 122A.09, subdivision 4; 122A.18,
subdivision 2; 122A.40, subdivision 8; 122A.413, subdivisions 1, 2; 122A.414,
subdivisions 1a, 2, 2b, 3, by adding a subdivision; 122A.415, subdivisions
1, 3; 122A.416; 123B.75, subdivision 5; 124D.10, subdivision 13; 124D.11,
subdivision 1; 124D.86, subdivision 3; 125A.11, subdivision 1; 125A.744,
subdivision 3; 125A.76, subdivision 2; 125A.79, subdivisions 1, 8; 125B.26;
126C.10, subdivisions 1, 2a, 34, by adding a subdivision; 127A.441; 127A.45,
subdivisions 2, 3, 13, by adding a subdivision; 129D.13, subdivisions 1, 3;
129D.14, subdivisions 4, 5, 6; 135A.25, subdivision 4; 136A.08, subdivision 1,
by adding a subdivision; 136A.127, by adding a subdivision; 137.56; 144.0724,
subdivisions 2, 4, 8, by adding subdivisions; 144.121, subdivisions 1a, 1b;
144.122; 144.1222, subdivision 1a; 144.1501, subdivisions 2, 5; 144.226,
subdivision 4; 144.72, subdivisions 1, 3; 144.9501, subdivisions 22b, 26a, by
adding subdivisions; 144.9505, subdivisions 1g, 4; 144.9508, subdivisions 2, 3,
4; 144.97, subdivisions 2, 4, 6, by adding subdivisions; 144.98, subdivisions 1,
2, 3, by adding subdivisions; 144.99, subdivision 1; 144A.46, subdivision 1;
145.986, subdivision 5; 148.108; 148.6445, by adding a subdivision; 148D.180,
subdivisions 1, 2, 3, 5; 148E.180, subdivisions 1, 2, 3, 5; 153A.17; 154.44,
subdivision 1; 156.015; 157.15, by adding a subdivision; 157.16; 157.22;
171.29, subdivision 2; 176.011, subdivision 9; 179A.18, subdivision 2; 197.585,
subdivision 5; 216B.62, subdivisions 3, 4, 5, by adding subdivisions; 237.295,
subdivisions 2, 3, by adding a subdivision; 245.4885, subdivision 1; 245A.03, by
adding a subdivision; 245A.10, subdivisions 2, 3, 4, 5, by adding subdivisions;
245A.11, by adding a subdivision; 245C.03, subdivision 2; 245C.04, subdivision
3; 245C.10, subdivision 3, by adding a subdivision; 246.50, subdivision 5, by
adding subdivisions; 246.51, by adding subdivisions; 246.511; 246.52; 246B.01,
by adding subdivisions; 252.43; 252.46, by adding a subdivision; 254A.02, by
adding a subdivision; 254A.16, by adding a subdivision; 254B.03, subdivision
3; 256.01, subdivision 2b, by adding a subdivision; 256.045, subdivision 3;
256.969, subdivisions 2b, 3a; 256.975, subdivision 7; 256.991; 256B.04,
subdivisions 14, 16; 256B.055, subdivision 12; 256B.056, subdivisions 3b,
3c, 3d, 10; 256B.057, subdivisions 3, 9; 256B.0575; 256B.0595, subdivisions
1, 2; 256B.0621, subdivision 2; 256B.0625, subdivisions 6a, 7, 8, 8a, 8b, 9,
13e, 17, 19a, 19c, 26, 41, 47, by adding subdivisions; 256B.0651; 256B.0652;
256B.0653; 256B.0654; 256B.0655, subdivision 4; 256B.0657, subdivisions 2,
6, 8; 256B.0911, subdivisions 1, 1a, 3, 3a, 4a, 5, 6, 7, by adding subdivisions;
256B.0913, subdivision 4; 256B.0915, subdivisions 3e, 3h, 5, by adding a
subdivision; 256B.0917, by adding a subdivision; 256B.092, subdivision 8a,
by adding a subdivision; 256B.0944, by adding a subdivision; 256B.0945,
subdivision 4; 256B.0947, subdivision 1; 256B.15, subdivisions 1a, 1h, 2,
by adding subdivisions; 256B.199; 256B.37, subdivisions 1, 5; 256B.437,
subdivision 6; 256B.441, by adding subdivisions; 256B.49, subdivisions 12,
13, 14, 17, by adding a subdivision; 256B.501, subdivision 4a; 256B.5012, by
adding a subdivision; 256B.69, subdivisions 5a, 5c, 5f; 256B.761; 256D.03,
subdivisions 3, 4; 256D.06, subdivision 2; 256D.09, subdivision 6; 256D.46;
256D.49, subdivision 3; 256G.02, subdivision 6; 256I.03, subdivision 7;
256I.05, subdivision 1a; 256J.20, subdivision 3; 256J.21, subdivision 2; 256J.24,
subdivisions 3, 4, 5a, 10; 256J.37, subdivision 3a, by adding a subdivision;
256J.38, subdivision 1; 256J.45, subdivision 3; 256J.53, subdivision 2; 256J.575,
subdivision 3; 256J.621; 256J.626, subdivision 6; 256J.751, by adding a
subdivision; 256J.95, subdivision 12; 256L.01, subdivisions 1a, 3a, 4, 5, by
adding a subdivision; 256L.02, subdivisions 1, 3; 256L.03, subdivisions 1,
1a, 1b, 3, 5; 256L.04, subdivisions 1, 1a, 2, 8, 10, 13; 256L.05, subdivisions
3, 3a, 3b, 3c, 5; 256L.06, subdivision 3; 256L.07, subdivisions 2, 3, 5, 7, by
adding subdivisions; 256L.09, subdivision 2; 256L.11, subdivisions 1, 2a, 6;
256L.12, subdivisions 6, 9; 256L.15, subdivision 1, by adding subdivisions;
256L.17, by adding a subdivision; 257.85, subdivisions 2, 5, 6; 259.67, by
adding subdivisions; 260B.441; 268.19, subdivision 1; 270A.03, subdivision 7;
270A.09, by adding a subdivision; 270B.14, subdivision 3; 270B.15; 272.02, by
adding a subdivision; 272.029, subdivision 7; 273.1384, subdivision 4; 289A.02,
subdivision 7; 289A.12, by adding a subdivision; 289A.50, subdivision 1;
290.01, subdivisions 6, 19, 19a, 19b, 19c, 19d, 29, 31; 290.06, subdivisions 1,
2c, by adding subdivisions; 290.067, subdivisions 1, 2a; 290.0671, subdivision
1; 290.091, subdivision 2; 290.0921, subdivisions 1, 3; 290.0922, subdivisions
2, 3; 290.095, subdivisions 2, 11; 290A.03, subdivisions 3, 11, 13, 15;
290C.07; 291.005, subdivision 1; 295.58; 297A.68, subdivision 5, by adding a
subdivision; 297A.75, subdivision 1; 297I.05, subdivision 5; 298.285; 326B.33,
subdivision 19; 326B.46, subdivision 4; 326B.475, subdivisions 4, 7; 326B.49,
subdivision 1; 326B.56, subdivision 4; 326B.58; 326B.815, subdivision 1;
326B.821, subdivision 2; 326B.86, subdivision 1; 326B.885, subdivision 2;
326B.89, subdivisions 3, 16; 326B.94, subdivision 4; 326B.972; 326B.986,
subdivisions 2, 5, 8; 327.14, by adding a subdivision; 327.15; 327.16; 327.20,
subdivision 1, by adding a subdivision; 327B.04, subdivisions 7, 8, by adding
a subdivision; 352.72, subdivision 1; 352.90; 352.91, subdivisions 1, 3h;
352.93, subdivisions 1, 2a, 4, by adding a subdivision; 356.30, subdivision 1;
393.07, subdivision 10; 462A.05, subdivisions 14, 14a; 471.345, subdivision
15; 477A.0124, by adding a subdivision; 477A.013, subdivision 9, by adding a
subdivision; 477A.03, subdivisions 2a, 2b; 477A.12, subdivision 1; 477A.14,
subdivision 1; 501B.89, by adding a subdivision; 518A.53, subdivisions 1, 4, 10;
518A.60; 519.05; 604A.33, subdivision 1; 609.232, subdivision 11; 626.5572,
subdivisions 6, 21; Laws 2003, First Special Session chapter 14, article 13C,
section 2, subdivision 1, as amended; Laws 2005, First Special Session chapter
4, article 8, section 66; Laws 2007, chapter 135, article 1, section 16; Laws
2007, chapter 148, article 1, sections 10; 12, subdivision 2; 16, subdivision 2;
Laws 2008, chapter 152, article 1, section 5; Laws 2008, chapter 358, article 3,
section 8; proposing coding for new law in Minnesota Statutes, chapters 16A;
16E; 18B; 41A; 93; 116J; 120B; 122A; 124D; 127A; 156; 179A; 246B; 254A;
254B; 256; 256B; 270C; 297I; 326B; 469; 477A; proposing coding for new
law as Minnesota Statutes, chapters 256N; 256O; repealing Minnesota Statutes
2008, sections 10A.322, subdivision 4; 13.7411, subdivision 9; 16A.724; 17.49,
subdivision 3; 38.02, subdivisions 3, 4; 60A.315, subdivisions 1, 2, 3, 4, 5;
62U.08; 62U.10, subdivision 4; 103I.112; 116C.02, subdivision 2; 116C.03,
subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.24, subdivision 2; 116C.71, subdivisions
1c, 2a; 116C.91, subdivision 2; 116F.06, subdivision 2; 116G.03, subdivision 2;
122A.24; 122A.414, subdivisions 1a, 4; 122A.72, subdivisions 3, 4; 123B.05;
124D.091, subdivision 3; 129C.10, subdivisions 1, 2, 3, 3a, 4, 6, 7, 8; 129C.105;
129C.15; 129C.20; 129C.25; 129C.26; 144.9501, subdivision 17b; 148D.180,
subdivision 8; 179A.17, subdivision 1; 240A.08; 246.51, subdivision 1; 246.53,
subdivision 3; 256.82, subdivisions 2, 3, 4, 5; 256.962, subdivisions 1, 2, 5, 7;
256.969, subdivisions 26, 27; 256.983; 256B.057, subdivision 2c; 256B.0655,
subdivisions 1, 1a, 1b, 1c, 1d, 1e, 1f, 1g, 1h, 1i, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12,
13; 256B.071, subdivisions 1, 2, 3, 4; 256B.0951; 256B.19, subdivision 1d;
256B.431, subdivision 23; 256B.76, subdivision 4; 256I.06, subdivision 9;
256J.626, subdivision 7; 256L.02, subdivision 3; 256L.04, subdivisions 7, 9;
256L.05, subdivision 1b; 256L.07, subdivisions 1, 6, 7; 256L.09, subdivisions 2,
4, 5, 6; 256L.11, subdivision 7; 256L.15, subdivisions 2, 3, 4; 257.85; 259.67,
subdivisions 1, 2, 3, 3a, 4, 5, 6, 7, 8, 9, 10; 290.06, subdivision 23; 295.581;
327.14, subdivisions 5, 6; 352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i, 4a,
4b, 5; 477A.03, subdivision 5; Laws 1988, chapter 689, section 251; Laws 2005,
chapter 10, article 1, sections 56; 57; Laws 2005, First Special Session chapter 4,
article 8, sections 61; 67; 69; 74; 75; Laws 2007, chapter 147, article 5, sections
28; 32; 33; article 13, section 2; Laws 2008, chapter 358, article 3, sections 8;
9; 10; 11; 14; Laws 2008, chapter 363, article 5, section 30; Minnesota Rules,
parts 1350.8300; 4626.2015, subpart 9; 9100.0400, subparts 1, 3; 9100.0500;
9100.0600; 9500.1243, subpart 3; 9500.1261, subparts 3, 4, 5, 6; 9560.0071;
9560.0081; 9560.0082; 9560.0083; 9560.0091; 9560.0093, subparts 1, 3, 4;
9560.0101; 9560.0102; 9560.0521, subparts 7, 10; 9560.0650, subparts 1, 3,
6; 9560.0651; 9560.0652; 9560.0653; 9560.0654; 9560.0655; 9560.0656;
9560.0657; 9560.0665, subparts 2, 3, 4, 5, 6, 7, 8, 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Minnesota Statutes 2008, section 120A.41, is amended to read:

A school board's annual school calendar must include at least deleted text begin the number of days of
student instruction the board formally adopted as its school calendar at the beginning of
the 1996-1997 school yeardeleted text end new text begin 425 hours of instruction for a kindergarten student without a
disability, 935 hours of instruction for a student in grades 1 though 6, and 1,020 hours of
instruction for a student in grades 7 though 12, not including summer schoolnew text end .

Minnesota Statutes 2008, section 122A.413, subdivision 1, is amended to read:

A district or intermediate school district deleted text begin maydeleted text end new text begin mustnew text end
develop an educational improvement plan for the purpose of qualifying for the alternative
teacher professional pay system under section 122A.414. The plan must include measures
for improving school districtdeleted text begin ,deleted text end new text begin ornew text end intermediate school district, deleted text begin school site,deleted text end teacher, and
individual student performance.

Minnesota Statutes 2008, section 122A.413, subdivision 2, is amended to read:

The educational improvement plan must be approved
by the school board and have at least these elements:

(1) assessment and evaluation tools to measure student performance and progress;

(2) performance goals and benchmarks for improvement;

(3) measures of student attendance and completion rates;

(4) a rigorous professional development system, consistent with section 122A.60,
that is aligned with educational improvement, designed to achieve teaching quality
improvement, new text begin instructional leadership, new text end and consistent with clearly defined research-based
standards;

(5) measures of student, family, and community involvement and satisfaction;

(6) a data system about students and their academic progress that provides parents
and the public with understandable information;

(7) a teacher induction and mentoring program for probationary teachers that
provides continuous learning and sustained teacher support; and

(8) substantial participation by the exclusive representative of the teachers in
developing the plan.

Minnesota Statutes 2008, section 122A.414, subdivision 1a, is amended to read:

(a) To be eligible to participate in an
alternative teacher professional pay system, a school districtdeleted text begin ,deleted text end new text begin ornew text end intermediate school
district, deleted text begin or site,deleted text end at least one school year before it expects to fully implement an alternative
pay system, must:

(1) submit to the department a letter of intent executed by the school district or
intermediate school district and the exclusive representative of the teachers to complete a
plan preparing for full implementation, consistent with subdivision 2, that may include,
among other activities, training to evaluate teacher performance, a restructured school
day to develop integrated ongoing site-based professional development activities, new text begin teacher
new text end release time to develop an alternative pay system agreement, and teacher and staff training
on using multiple data sources; and

(2) agree to use up to two percent of basic revenue for staff development purposes,
consistent with sections 122A.60 and 122A.61, to develop the alternative teacher
professional pay system agreement under this section.

(b) To be eligible to participate in an alternative teacher professional pay system, a
charter school, at least one school year before it expects to fully implement an alternative
pay system, must:

(1) submit to the department a letter of intent executed by the charter school and the
charter school board of directors;

(2) submit the record of a formal vote by the teachers employed at the charter
school indicating at least 70 percent of all teachers agree to implement the alternative
pay system; and

(3) agree to use up to two percent of basic revenue for staff development purposes,
consistent with sections 122A.60 and 122A.61, to develop the alternative teacher
professional pay system.

(c) The commissioner may waive the planning year if the commissioner determines,
based on the criteria under subdivision 2, that the school district, intermediate school
district, site or charter school is ready to fully implement an alternative pay system.

Minnesota Statutes 2008, section 122A.414, subdivision 2, is amended to read:

(a) deleted text begin To participate in this
program, adeleted text end new text begin All new text end school deleted text begin districtdeleted text end new text begin districtsnew text end , intermediate school deleted text begin districtdeleted text end new text begin districtsnew text end , deleted text begin school site,
ordeleted text end new text begin andnew text end charter deleted text begin schooldeleted text end new text begin schoolsnew text end must have an educational improvement plan under section
122A.413 and an alternative teacher professional pay system agreement under paragraph
(b)new text begin by the start of the 2010-2011 school yearnew text end . A charter school participant also must
comply with subdivision 2a.

(b) The alternative teacher professional pay system agreement must:

(1) describe how teachers can achieve career advancement and additional
compensation;

(2) describe how the school district, intermediate school district, deleted text begin school site,deleted text end or
charter school will provide teachers with career advancement options new text begin or ladders new text end that
allow teachers to retain primary roles in student instruction and facilitate site-focused
professional development that helps other teachers improve their skills;

(3) reform the "steps and lanes" salary schedulenew text begin by establishing an alternative
salary schedule that utilizes methods other than seniority and fully or partially embeds
performance pay outlined in items (i) through (iii)new text end , prevent any teacher's compensation
paid before implementing the pay system from being reduced as a result of participating
in this system,new text begin improve beginning teacher salaries,new text end and base at least 60 percent of any
compensation increase on teacher performance using:

(i) schoolwide student achievement gains under section 120B.35 or locally selected
standardized assessment outcomes, or both;

(ii) measures of student achievement; and

(iii) an objective new text begin teacher new text end evaluation program that includes:

(A) individual teacher evaluations aligned with the educational improvement plan
under section 122A.413 and the staff development plan under section 122A.60; and

(B) objective new text begin teacher new text end evaluations using multiple criteria conducted by a locally
selected and periodically trained evaluation team that understands teaching and learning;

(4) provide integrated ongoing deleted text begin site-baseddeleted text end new text begin job-embeddednew text end professional development
activities to improve instructional skills and learning that are aligned with student needs
under section 122A.413, consistent with the staff development plan under section 122A.60
and led during the school day by trained teacher leaders such as master or mentor teachers;

(5) allow any teacher in a participating school district, intermediate school district,
deleted text begin school site,deleted text end or charter school that implements an alternative pay system to participate in
that system without any quota or other limit; and

(6) encourage collaboration rather than competition among teachers.

Minnesota Statutes 2008, section 122A.414, subdivision 2b, is amended to read:

(a) Consistent with the requirements of this section
and sections 122A.413 and 122A.415, the department must prepare and transmit to
deleted text begin interesteddeleted text end new text begin allnew text end school districts, intermediate school districts, deleted text begin school sites,deleted text end and charter
schools a standard form for applying to participate in the alternative teacher professional
pay system. deleted text begin An interesteddeleted text end new text begin All new text end school deleted text begin districtdeleted text end new text begin districtsnew text end , intermediate school deleted text begin districtdeleted text end new text begin
districtsnew text end , deleted text begin school site, ordeleted text end new text begin andnew text end charter deleted text begin schooldeleted text end new text begin schoolsnew text end must submit to the commissioner a
completed application executed by the district superintendent and the exclusive bargaining
representative of the teachers if the applicant is a school districtdeleted text begin ,deleted text end new text begin ornew text end intermediate school
districtdeleted text begin , or school site,deleted text end or executed by the charter school board of directors if the applicant
is a charter school. The application must include the proposed alternative teacher
professional pay system agreement under subdivision 2. deleted text begin The department must convene
a review committee that at least includes teachers and administrators within 30 days
of receiving a completed application to recommend to the commissioner whether to
approve or disapprove the application. The commissioner must approve applications on a
first-come, first-served basis.deleted text end new text begin The commissioner may establish submission deadlines for
school districts and charter schools submitting applications to the department under this
section.new text end The applicant's alternative teacher professional pay system agreement must be
legally binding on the applicant and the collective bargaining representative before the
applicant receives alternative compensation revenue. The commissioner must approve or
disapprove an application based on the requirements under subdivisions 2 and 2a.

(b) If the commissioner disapproves an application, the commissioner must give the
applicant timely notice of the specific reasons in detail for disapproving the application.
The applicant may revise and resubmit its application and related documents to the
commissioner within 30 days of receiving notice of the commissioner's disapproval and
the commissioner must approve or disapprove the revised application, consistent with this
subdivision. Applications that are revised and then approved are considered submitted on
the date the applicant initially submitted the application.

Minnesota Statutes 2008, section 122A.414, subdivision 3, is amended to read:

(a) Participating districts, intermediate
school districts, deleted text begin school sites,deleted text end and charter schools must report on the implementation and
effectiveness of the alternative teacher professional pay system, particularly addressing
each requirement under subdivision 2 and make annual recommendations by June 15 to
their school boards. The school board or board of directors shall transmit a copy of the
report with a summary of the findings and recommendations of the district, intermediate
school district, deleted text begin school site,deleted text end or charter school to the commissioner.

(b) If the commissioner determines that a school district, intermediate school district,
deleted text begin school site,deleted text end or charter school that receives alternative teacher compensation revenue is not
complying with the requirements of this section, the commissioner may withhold funding
from that participant. Before making the determination, the commissioner must notify the
participant of any deficiencies and provide the participant an opportunity to comply.

Minnesota Statutes 2008, section 122A.414, is amended by adding a
subdivision to read:

new text begin (a) A Quality Compensation
Advisory Council is established. The term for each council member shall be three years.
The advisory council must include at least 12 members. The members must include
representatives from the Department of Education, Education Minnesota, the Minnesota
Association of Metropolitan School Districts, the Minnesota Association of School
Administrators, the Minnesota Rural Education Association, the Minnesota School
Boards Association, the Minnesota Business Partnership, and the Minnesota Chamber
of Commerce. The commissioner shall appoint additional members to the council. The
advisory council must:
new text end

new text begin (1) meet at least quarterly to review and monitor implementation of this section;
new text end

new text begin (2) monitor and evaluate the results and effectiveness of the program; and
new text end

new text begin (3) report annually by February 1 to the commissioner and the education policy and
finance committees of the legislature on the administration, processes, implementation,
and effectiveness of this section.
new text end

Minnesota Statutes 2008, section 122A.415, subdivision 1, is amended to read:

(a) A school district, intermediate school district,
deleted text begin school site,deleted text end or charter school that meets the conditions of section 122A.414 and submits an
application approved by the commissioner is eligible for alternative teacher compensation
revenue.

(b) For school district and intermediate school district applications, the commissioner
must consider only those applications to participate that are submitted jointly by a
district and the exclusive representative of the teachers. The application must contain an
alternative teacher professional pay system agreement that:

(1) implements an alternative teacher professional pay system consistent with
section 122A.414; and

(2) is negotiated and adopted according to the Public Employment Labor Relations
Act under chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a
district may enter into a contract for a term of two or four years.

Alternative teacher compensation revenue for a qualifying school district deleted text begin or sitedeleted text end in
which the school board and the exclusive representative of the teachers agree to place
teachers in the district deleted text begin or at the sitedeleted text end on the alternative teacher professional pay system
equals deleted text begin $260deleted text end new text begin $300new text end times the number of pupils enrolled at the district deleted text begin or sitedeleted text end on October
1 of the previous fiscal year. Alternative teacher compensation revenue for a qualifying
intermediate school district must be calculated under section 126C.10, subdivision 34,
paragraphs (a) and (b).

(c) For a newly combined or consolidated district, the revenue shall be computed
using the sum of pupils enrolled on October 1 of the previous year in the districts entering
into the combination or consolidation. The commissioner may adjust the revenue
computed for a site using prior year data to reflect changes attributable to school closings,
school openings, or grade level reconfigurations between the prior year and the current
year.

(d) The revenue is available only to school districts, intermediate school districts,
deleted text begin school sites,deleted text end and charter schools that fully implement an alternative teacher professional
pay system by October 1 of the current school year.

new text begin This section is effective for revenue for fiscal year 2011
and later.
new text end

Minnesota Statutes 2008, section 122A.415, subdivision 3, is amended to read:

(a) Districts, intermediate school districts, deleted text begin school sites,deleted text end
or charter schools with approved applications must receive alternative compensation
revenue for each school year that the district, intermediate school district, deleted text begin school site,deleted text end
or charter school implements an alternative teacher professional pay system under this
subdivision and section 122A.414. For fiscal year 2007 and later, a qualifying district,
intermediate school district, deleted text begin school site,deleted text end or charter school that received alternative teacher
compensation aid for the previous fiscal year must receive at least an amount of alternative
teacher compensation revenue equal to the lesser of the amount it received for the previous
fiscal year or the amount it qualifies for under subdivision 1 for the current fiscal year if
the district, intermediate school district, school site, or charter school submits a timely
application and the commissioner determines that the district, intermediate school district,
school site, or charter school continues to implement an alternative teacher professional
pay system, consistent with its application under this section.

(b) The commissioner shall approve applications that comply with subdivision 1,
and section 122A.414, subdivisions 2, paragraph (b), and 2a, if the applicant is a charter
school, deleted text begin in the order in which they are received,deleted text end select applicants that qualify for this
program, notify school districts, intermediate school districts, deleted text begin school sites,deleted text end and charter
schools about the program, develop and disseminate application materials, and carry out
other activities needed to implement this section.

deleted text begin (c) For applications approved under this section before August 1 of the fiscal year for
which the aid is paid, the portion of the state total basic alternative teacher compensation
aid entitlement allocated to charter schools must not exceed $522,000 for fiscal year
2006 and $3,374,000 for fiscal year 2007. For fiscal year 2008 and later, the portion of
the state total basic alternative teacher compensation aid entitlement allocated to charter
schools must not exceed the product of $3,374,000 times the ratio of the state total charter
school enrollment for the previous fiscal year to the state total charter school enrollment
for the second previous year. Additional basic alternative teacher compensation aid may
be approved for charter schools after August 1, not to exceed the charter school limit for
the following fiscal year, if the basic alternative teacher compensation aid entitlement
for school districts based on applications approved by August 1 does not expend the
remaining amount under the limit.
deleted text end

new text begin This section is effective for fiscal year 2011 and later.
new text end

Minnesota Statutes 2008, section 123B.75, subdivision 5, is amended to read:

(a) "School district tax settlement revenue" means the
current, delinquent, and manufactured home property tax receipts collected by the county
and distributed to the school district.

(b) deleted text begin For fiscal year 2004 and later years, in June of each yeardeleted text end new text begin In June of 2009new text end , the
school district must recognize as revenue, in the fund for which the levy was made, the
lesser of:

(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4, received in July and August of that calendar year; or

(2) the sum of:

(i) 31 percent of the referendum levy certified according to section 126C.17, in
calendar year 2000; and

(ii) the entire amount of the levy certified in the prior calendar year according to
section 124D.86, subdivision 4, for school districts receiving revenue under sections
124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3,
paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision
6.

new text begin (c) For fiscal year 2010 and later years, in June of each year, the school district must
recognize as revenue, in the fund for which the levy was made, the lesser of:
new text end

new text begin (1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4, received in July and August of that calendar year; or
new text end

new text begin (2) the sum of:
new text end

new text begin (i) the greater of 48.6 percent of the referendum levy certified according to section
126C.17, in the prior calendar year or 31 percent of the referendum levy certified
according to section 126C.17, in calendar year 2000; plus
new text end

new text begin (ii) the entire amount of the levy certified in the prior calendar year according to
section 124D.86, subdivision 4, for school districts receiving revenue under sections
124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3,
paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision
6; plus
new text end

new text begin (iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
school district's general and community service funds, plus or minus auditor's adjustments,
not including the levy portions that are assumed by the state, that remains after subtracting
the referendum levy certified according to section 126C.17 and the amount recognized
according to clause (ii).
new text end

Minnesota Statutes 2008, section 124D.10, subdivision 13, is amended to read:

A charter school must provide instruction each
year for at least the number of deleted text begin daysdeleted text end new text begin hoursnew text end required by section 120A.41. It may provide
instruction throughout the year according to sections 124D.12 to 124D.127 or 124D.128.

Minnesota Statutes 2008, section 124D.11, subdivision 1, is amended to read:

(a) General education revenue must
be paid to a charter school as though it were a district. The general education revenue
for each adjusted marginal cost pupil unit is the state average general education revenue
per pupil unit, plus the referendum equalization aid allowance in the pupil's district of
residence, minus an amount equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0485, calculated without basic skills revenue,
extended time revenue, alternative teacher compensation revenue, transition revenue,
new text begin pay for progress revenue, new text end and transportation sparsity revenue, plus basic skills revenue,
extended time revenue, basic alternative teacher compensation aid according to section
126C.10, subdivision 34, new text begin pay for progress revenue, new text end and transition revenue as though the
school were a school district. The general education revenue for each extended time
marginal cost pupil unit equals $4,378.

(b) Notwithstanding paragraph (a), for charter schools in the first year of operation,
general education revenue shall be computed using the number of adjusted pupil units
in the current fiscal year.

Minnesota Statutes 2008, section 125A.11, subdivision 1, is amended to read:

(a) For fiscal year 2006,
when a school district provides instruction and services outside the district of residence,
board and lodging, and any tuition to be paid, shall be paid by the district of residence.
The tuition rate to be charged for any child with a disability, excluding a pupil for whom
tuition is calculated according to section 127A.47, subdivision 7, paragraph (d), must be
the sum of (1) the actual cost of providing special instruction and services to the child
including a proportionate amount for special transportation and unreimbursed building
lease and debt service costs for facilities used primarily for special education, plus (2)
the amount of general education revenue and referendum aid attributable to the pupil,
minus (3) the amount of special education aid for children with a disability received
on behalf of that child, minus (4) if the pupil receives special instruction and services
outside the regular classroom for more than 60 percent of the school day, the amount of
general education revenue and referendum aid, excluding portions attributable to district
and school administration, district support services, operations and maintenance, capital
expenditures, and pupil transportation, attributable to that pupil for the portion of time
the pupil receives special instruction and services outside of the regular classroom. If
the boards involved do not agree upon the tuition rate, either board may apply to the
commissioner to fix the rate. Notwithstanding chapter 14, the commissioner must then set
a date for a hearing or request a written statement from each board, giving each board
at least ten days' notice, and after the hearing or review of the written statements the
commissioner must make an order fixing the tuition rate, which is binding on both school
districts. General education revenue and referendum equalization aid attributable to a
pupil must be calculated using the resident district's average general education revenue
and referendum equalization aid per adjusted pupil unit.

(b) For fiscal year 2007 and later, when a school district provides special instruction
and services for a pupil with a disability as defined in section 125A.02 outside the district
of residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special education
aid paid to the resident district must be reduced by an amount equal to (1) the actual
cost of providing special instruction and services to the pupil, including a proportionate
amount for special transportation and unreimbursed building lease and debt service costs
for facilities used primarily for special education, plus (2) the amount of general education
revenue and referendum equalization aid attributable to that pupil, calculated using the
resident district's average general education revenue and referendum equalization aid
per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and
secondary sparsity revenue, minus (3) the amount of special education aid for children
with a disability received on behalf of that child, minus (4) if the pupil receives special
instruction and services outside the regular classroom for more than 60 percent of the
school day, the amount of general education revenue and referendum equalization aid,
excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives special instruction
and services outside of the regular classroom, calculated using the resident district's
average general education revenue and referendum equalization aid per adjusted pupil
unit excluding basic skills revenue, elementary sparsity revenue and secondary sparsity
revenue and the serving district's basic skills revenue, elementary sparsity revenue and
secondary sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and
(4), for pupils served by a cooperative unit without a fiscal agent school district, the
general education revenue and referendum equalization aid attributable to a pupil must be
calculated using the resident district's average general education revenue and referendum
equalization aid excluding elementary sparsity revenue and secondary sparsity revenue.
Special education aid paid to the district or cooperative providing special instruction and
services for the pupil must be increased by the amount of the reduction in the aid paid
to the resident district. Amounts paid to cooperatives under this subdivision and section
127A.47, subdivision 7, shall be recognized and reported as revenues and expenditures on
the resident school district's books of account under sections 123B.75 and 123B.76. If
the resident district's special education aid is insufficient to make the full adjustment, the
remaining adjustment shall be made to other state aid due to the district.

(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7,
paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
receive special education and related services, a site approved under section 125A.515,
an intermediate district, a special education cooperative, or a school district that served
as the applicant agency for a group of school districts for federal special education aids
for fiscal year 2006 may apply to the commissioner for authority to charge the resident
district an additional amount to recover any remaining unreimbursed costs of serving
pupils with a disability. The application must include a description of the costs and the
calculations used to determine the unreimbursed portion to be charged to the resident
district. Amounts approved by the commissioner under this paragraph must be included
in the tuition billings or aid adjustments under paragraph (a) or (b), or section 127A.47,
subdivision 7, paragraph (d) or (e), as applicable.

(d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraphs
(d) and (e), "general education revenue and referendum equalization aid" means the
sum of the general education revenue according to section 126C.10, subdivision 1,
excluding alternative teacher compensation revenuenew text begin and pay for progress revenuenew text end , plus
the referendum equalization aid according to section 126C.17, subdivision 7, as adjusted
according to section 127A.47, subdivision 7, paragraphs (a) to (c).

Minnesota Statutes 2008, section 125A.76, subdivision 2, is amended to read:

The special education initial aid equals the
sum of the following amounts computed using current year data:

(1) 68 percent of the salary of each essential person employed in the district's
program for children with a disability during the fiscal year, whether the person is
employed by one or more districts or a Minnesota correctional facility operating on a
fee-for-service basis;

(2) for the Minnesota State Academy for the Deaf or the Minnesota State Academy
for the Blind, 68 percent of the salary of each one to one instructional and behavior
management aide assigned to a child attending the academy, if the aides are required
by the child's individual education plan;

(3) for special instruction and services provided to any pupil by contracting with
public, private, or voluntary agencies other than school districts, in place of special
instruction and services provided by the district, 52 percent of the difference between
the amount of the contract and the general education revenue, excluding basic skills
revenuenew text begin , pay for progress revenuenew text end and alternative teacher compensation revenue, and
referendum equalization aid attributable to a pupil, calculated using the resident district's
average general education revenue and referendum equalization aid per adjusted pupil
unit for the fraction of the school day the pupil receives services under the contract. This
includes children who are residents of the state, receive services under this subdivision
and subdivision 1, and are placed in a care and treatment facility by court action in a state
that does not have a reciprocity agreement with the commissioner under section 125A.155
as provided for in section 125A.79, subdivision 8;

(4) for special instruction and services provided to any pupil by contracting for
services with public, private, or voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the school district, 52 percent of
the amount of the contract for that pupil;

(5) for supplies and equipment purchased or rented for use in the instruction of
children with a disability, an amount equal to 47 percent of the sum actually expended by
the district, or a Minnesota correctional facility operating on a fee-for-service basis, but
not to exceed an average of $47 in any one school year for each child with a disability
receiving instruction;

(6) for fiscal years 1997 and later, special education base revenue shall include
amounts under clauses (1) to (5) for special education summer programs provided during
the base year for that fiscal year;

(7) the cost of providing transportation services for children with disabilities under
section 123B.92, subdivision 1, paragraph (b), clause (4); and

(8) the district's transition-disabled program initial aid according to section
124D.454, subdivision 3.

The department shall establish procedures through the uniform financial accounting
and reporting system to identify and track all revenues generated from third-party billings
as special education revenue at the school district level; include revenue generated from
third-party billings as special education revenue in the annual cross-subsidy report; and
exclude third-party revenue from calculation of excess cost aid to the districts.

Minnesota Statutes 2008, section 125A.79, subdivision 1, is amended to read:

For the purposes of this section, the definitions in this
subdivision apply.

(a) "Unreimbursed special education cost" means the sum of the following:

(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and
transportation services eligible for revenue under section 125A.76; plus

(2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus

(3) revenue for teachers' salaries, contracted services, supplies, equipment, and
transportation services under section 125A.76; minus

(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services
eligible for revenue under section 125A.76, subdivision 2.

(b) "General revenue" means the sum of the general education revenue according
to section 126C.10, subdivision 1, excluding alternative teacher compensation revenuenew text begin
and pay for progress revenuenew text end , plus the total qualifying referendum revenue specified in
paragraph (e) minus transportation sparsity revenue minus total operating capital revenue.

(d) "Program growth factor" means 1.02 for fiscal year 2012 and later.

(e) "Total qualifying referendum revenue" means two-thirds of the district's total
referendum revenue as adjusted according to section 127A.47, subdivision 7, paragraphs
(a) to (c), for fiscal year 2006, one-third of the district's total referendum revenue for fiscal
year 2007, and none of the district's total referendum revenue for fiscal year 2008 and later.

Minnesota Statutes 2008, section 125A.79, subdivision 8, is amended to read:

For children who are residents of the state, receive
services under section 125A.76, subdivisions 1 and 2, and are placed in a care and
treatment facility by court action in a state that does not have a reciprocity agreement with
the commissioner under section 125A.155, the resident school district shall submit the
balance of the tuition bills, minus the general education revenue, excluding basic skills
revenue deleted text begin anddeleted text end new text begin ,new text end alternative teacher compensation revenuenew text begin and pay for progress revenuenew text end , and
referendum equalization aid attributable to the pupil, calculated using the resident district's
average general education revenue and referendum equalization aid per adjusted pupil unit
minus the special education contracted services initial revenue attributable to the pupil.

Minnesota Statutes 2008, section 126C.10, subdivision 1, is amended to read:

deleted text begin For fiscal year 2006 and later,deleted text end
The general education revenue for each district equals the sum of the district's basic
revenue, extended time revenue, gifted and talented revenue, basic skills revenue, training
and experience revenue, secondary sparsity revenue, elementary sparsity revenue,
transportation sparsity revenue, total operating capital revenue, equity revenue, alternative
teacher compensation revenue, new text begin pay for progress revenue, new text end and transition revenue.

Minnesota Statutes 2008, section 126C.10, subdivision 2a, is amended to read:

(a) deleted text begin A school district'sdeleted text end new text begin Thenew text end extended time
revenue deleted text begin is equal todeleted text end new text begin for a school district with extended time average daily membership in
the current fiscal year equalsnew text end the product of $4,601 and the sum of the adjusted marginal
cost pupil units of the district for each pupil in average daily membership in excess of 1.0
and less than 1.2 according to section 126C.05, subdivision 8.

(b) A school district's extended time revenue may be used for extended day
programs, extended week programs, summer school, and other programming authorized
under the learning year program.

Minnesota Statutes 2008, section 126C.10, subdivision 34, is amended to read:

deleted text begin (a)deleted text end For fiscal years 2007
and later, the basic alternative teacher compensation aid for a school district with a plan
approved under section 122A.414, subdivision 2b, equals 65 percent of the alternative
teacher compensation revenue under section 122A.415, subdivision 1. The basic
alternative teacher compensation aid for an intermediate school district or charter school
with a plan approved under section 122A.414, subdivisions 2a and 2b, if the recipient is a
charter school, equals deleted text begin $260deleted text end new text begin $300new text end times the number of pupils enrolled in the school on
October 1 of the previous fiscal year, or on October 1 of the current fiscal year for a charter
school in the first year of operation, times the ratio of the sum of the alternative teacher
compensation aid and alternative teacher compensation levy for all participating school
districts to the maximum alternative teacher compensation revenue for those districts
under section 122A.415, subdivision 1.

deleted text begin (b) Notwithstanding paragraphs (a) and (b) and section 122A.415, subdivision 1,
the state total basic alternative teacher compensation aid entitlement must not exceed
$75,636,000 for fiscal year 2007 and later. The commissioner must limit the amount
of alternative teacher compensation aid approved under section 122A.415 so as not to
exceed these limits.
deleted text end

new text begin This section is effective for fiscal year 2011 and later.
new text end

Minnesota Statutes 2008, section 126C.10, is amended by adding a
subdivision to read:

new text begin For fiscal year 2010 and later, school
districts and charter schools participating in the student growth model established by the
commissioner of education are eligible to receive additional general education revenue
equal to the sum of one percent of the formula allowance times the percent of students
with growth measurement scores who achieved medium growth plus two percent of
the formula allowance times the percent of students with growth measurement scores
who achieved high growth. Growth measurement scores are calculated based on the
assessments defined in section 120B.362.
new text end

new text begin The commissioner shall reduce the state aid paid to a school district or charter
school that does not provide instruction for at least the number of hours required under
section 120A.41. If instruction is not provided for the required number of hours, state aid
shall be reduced by the ratio that the difference between the required number of hours
and the number of hours instruction is provided bears to the required number of hours,
multiplied by 60 percent of the basic revenue, as defined in section 126C.10, subdivision
2, of the district or charter school for that year. However, a district or charter school not
providing the required number of hours may appeal to the commissioner for a waiver of
the state aid reduction if (1) the circumstances causing loss of instructional time below the
required minimum number of hours are beyond the control of the board, and (2) a good
faith attempt is made to make up time lost due to these circumstances.
new text end

Minnesota Statutes 2008, section 127A.441, is amended to read:

Each year, the state aids payable to any school district for that fiscal year that are
recognized as revenue in the school district's general and community service funds shall
be adjusted by an amount equal to (1) the amount the district recognized as revenue for the
prior fiscal year pursuant to section 123B.75, subdivision 5, paragraph (b)new text begin or (c)new text end , minus (2)
the amount the district recognized as revenue for the current fiscal year pursuant to section
123B.75, subdivision 5, paragraph (b)new text begin or (c)new text end . For purposes of making the aid adjustments
under this section, the amount the district recognizes as revenue for either the prior fiscal
year or the current fiscal year pursuant to section 123B.75, subdivision 5, paragraph (b),
shall not include any amount levied pursuant to section 124D.86, subdivision 4, for school
districts receiving revenue under sections 124D.86, subdivision 3, clauses (1), (2), and (3);
126C.41, subdivisions 1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2;
126C.457; and 126C.48, subdivision 6. Payment from the permanent school fund shall not
be adjusted pursuant to this section. The school district shall be notified of the amount of
the adjustment made to each payment pursuant to this section.

Minnesota Statutes 2008, section 127A.45, subdivision 2, is amended to read:

(a) deleted text begin The termdeleted text end "Other district receipts" means payments by
county treasurers pursuant to section 276.10, apportionments from the school endowment
fund pursuant to section 127A.33, apportionments by the county auditor pursuant to
section 127A.34, subdivision 2, and payments to school districts by the commissioner of
revenue pursuant to chapter 298.

(b) deleted text begin The termdeleted text end "Cumulative amount guaranteed" means the product of

(1) the cumulative disbursement percentage shown in subdivision 3; times

(2) the sum of

(i) the current year aid payment percentage of the estimated aid and credit
entitlements paid according to subdivision 13; plus

(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus

(iii) the other district receipts.

(c) deleted text begin The termdeleted text end "Payment date" means the date on which state payments to districts
are made by the electronic funds transfer method. If a payment date falls on a Saturday,
a Sunday, or a weekday which is a legal holiday, the payment shall be made on the
immediately preceding business day. The commissioner may make payments on dates
other than those listed in subdivision 3, but only for portions of payments from any
preceding payment dates which could not be processed by the electronic funds transfer
method due to documented extenuating circumstances.

(d) The current year aid payment percentage equals deleted text begin 90deleted text end new text begin 80new text end .

Minnesota Statutes 2008, section 127A.45, subdivision 3, is amended to read:

(a) For fiscal year 2004 and later,
the commissioner shall pay to a district on the dates indicated an amount computed as
follows: the cumulative amount guaranteed minus the sum of (a) the district's other district
receipts through the current payment, and (b) the aid and credit payments through the
immediately preceding payment. For purposes of this computation, the payment dates and
the cumulative disbursement percentages are as follows:

	Payment date	Percentage
Payment 1	July 15:	5.5
Payment 2	July 30:	8.0
Payment 3	August 15:	17.5
Payment 4	August 30:	20.0
Payment 5	September 15:	22.5
Payment 6	September 30:	25.0
Payment 7	October 15:	27.0
Payment 8	October 30:	30.0
Payment 9	November 15:	32.5
Payment 10	November 30:	36.5
Payment 11	December 15:	42.0
Payment 12	December 30:	45.0
Payment 13	January 15:	50.0
Payment 14	January 30:	54.0
Payment 15	February 15:	58.0
Payment 16	February 28:	63.0
Payment 17	March 15:	68.0
Payment 18	March 30:	74.0
Payment 19	April 15:	78.0
Payment 20	April 30:	85.0
Payment 21	May 15:	90.0
Payment 22	May 30:	95.0
Payment 23	June 20:	100.0

(b) deleted text begin In addition to the amounts paid under paragraph (a), for fiscal year 2004, the
commissioner shall pay to a district on the dates indicated an amount computed as follows:
deleted text end

deleted text begin Payment 3 deleted text end	deleted text begin August 15: the final adjustment for the prior fiscal year for the state paid property tax credits established in section 273.1392 deleted text end
deleted text begin Payment 4 deleted text end	deleted text begin August 30: one-third of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits deleted text end
deleted text begin Payment 6 deleted text end	deleted text begin September 30: one-third of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits deleted text end
deleted text begin Payment 8 deleted text end	deleted text begin October 30: one-third of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits deleted text end

deleted text begin (c)deleted text end In addition to the amounts paid under paragraph (a), deleted text begin for fiscal year 2005 and
later,deleted text end the commissioner shall pay to a district on the dates indicated an amount computed
as follows:

Payment 3	August 15: the final adjustment for the prior fiscal year for the state paid property tax credits established in section 273.1392
Payment 4	August 30: 30 percent of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits
Payment 6	September 30: 40 percent of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits
Payment 8	October 30: 30 percent of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits

Minnesota Statutes 2008, section 127A.45, is amended by adding a
subdivision to read:

new text begin (a) Notwithstanding subdivisions 3 and 7,
a school district or charter school exceeding its expenditure limitations under section
123B.83 as of June 30 of the prior fiscal year may receive a portion of its final payment
for the current fiscal year on June 20, if requested by the district or charter school. The
amount paid under this subdivision must not exceed the lesser of:
new text end

new text begin (1) the difference between 90 percent and the current year payment percentage in
subdivision 2, paragraph (d), in the current fiscal year times the sum of the district or
charter school's general education aid plus the aid adjustment in section 127A.50 for
the current fiscal year; or
new text end

new text begin (2) the amount by which the district's or charter school's net negative unreserved
general fund balance as of June 30 of the prior fiscal year exceeds 2.5 percent of the
district or charter school's expenditures for that fiscal year.
new text end

new text begin (b) The state total advance final payment under this subdivision for any year must
not exceed $7,500,000. If the amount request exceeds $7,500,000, the advance final
payment for each eligible district must be reduced proportionately.
new text end

Minnesota Statutes 2008, section 127A.45, subdivision 13, is amended to read:

Except as provided in subdivisions 11, 12, 12a,
and 14, each fiscal year, all education aids and credits in this chapter and chapters 120A,
120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and section 273.1392,
shall be paid at the current year aid payment percentage of the estimated entitlement during
the fiscal year of the entitlement. deleted text begin For the purposes of this subdivision, a district's estimated
entitlement for special education excess cost aid under section 125A.79 for fiscal year
2005 equals 70 percent of the district's entitlement for the second prior fiscal year.deleted text end For the
purposes of this subdivision, a district's estimated entitlement for special education excess
cost aid under section 125A.79 for fiscal year 2006 and later equals 74.0 percent of the
district's entitlement for the current fiscal year. The final adjustment payment, according
to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual
data, minus the payments made during the fiscal year of the entitlement.

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
new text end

	new text begin $ new text end	new text begin 4,560,949,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 5,735,602,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $556,059,000 for 2009 and $4,004,890,000 for
2010.
new text end

new text begin The 2011 appropriation includes $1,121,845,000 for 2010 and $4,613,757,000
for 2011.
new text end

new text begin For transportation of pupils attending
postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
new text end

	new text begin $ new text end	new text begin 48,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 52,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For abatement aid under Minnesota Statutes, section
127A.49:
new text end

	new text begin $ new text end	new text begin 1,052,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,039,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $140,000 for 2009 and $912,000 for 2010.
new text end

new text begin The 2011 appropriation includes $228,000 for 2010 and $811,000 for 2011.
new text end

new text begin For districts consolidating under Minnesota
Statutes, section 123A.485:
new text end

	new text begin $ new text end	new text begin 270,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 677,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $0 for 2009 and $270,000 for 2010.
new text end

new text begin The 2011 appropriation includes $67,000 for 2010 and $610,000 for 2011.
new text end

new text begin For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.87 and 123B.40 to 123B.43:
new text end

	new text begin $ new text end	new text begin 15,390,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 17,575,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $1,667,000 for 2009 and $13,723,000 for 2010.
new text end

new text begin The 2011 appropriation includes $3,430,000 for 2010 and $14,145,000 for 2011.
new text end

new text begin For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:
new text end

	new text begin $ new text end	new text begin 19,109,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 21,424,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $2,117,000 for 2009 and $16,992,000 for 2010.
new text end

new text begin The 2011 appropriation includes $4,248,000 for 2010 and $17,176,000 for 2011.
new text end

new text begin For a grant to Independent School District No.
690, Warroad, to operate the Angle Inlet School:
new text end

	new text begin $ new text end	new text begin 65,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 65,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For school
district flood enrollment impact aid as a result of the floods of August 2007:
new text end

158,000

.....

2010

new text begin The base appropriation for later fiscal years is zero.
new text end

new text begin The district must provide to the commissioner of education documentation of
the additional pupil transportation costs and the number of pupils in average daily
membership lost as a result of the flood.
new text end

new text begin For a grant to Independent School District No. 356, Lancaster,
to replace the loss of sparsity revenue:
new text end

	new text begin $ new text end	new text begin 100,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 100,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The base appropriation for later fiscal years is zero.
new text end

new text begin For grants for participation in the
compensatory revenue pilot program under Laws 2005, First Special Session chapter 5,
article 1, section 50:
new text end

	new text begin $ new text end	new text begin 2,175,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 2,175,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Of this amount, $1,500,000 in each year is for a grant to Independent School District
No. 11, Anoka-Hennepin; $210,000 in each year is for a grant to Independent School
District No. 279, Osseo; $160,000 in each year is for a grant to Independent School
District No. 281, Robbinsdale; $75,000 in each year is for a grant to Independent School
District No. 286, Brooklyn Center; $165,000 in each year is for a grant to Independent
School District No. 535, Rochester; and $65,000 in each year is for a grant to Independent
School District No. 833, South Washington.
new text end

new text begin If a grant to a specific school district is not awarded, the commissioner may increase
the aid amounts to any of the remaining participating school districts.
new text end

new text begin This appropriation is part of the base budget for subsequent fiscal years.
new text end

new text begin Minnesota Statutes 2008, sections 122A.414, subdivisions 1a and 4; and 123B.05, new text end new text begin
are repealed.
new text end

Minnesota Statutes 2008, section 120B.023, subdivision 2, is amended to
read:

(a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a review cycle for state academic standards
and related benchmarks, consistent with this subdivision. During each review cycle, the
commissioner also must examine the alignment of each required academic standard and
related benchmark with the knowledge and skills students need for college readiness and
advanced work in the particular subject area.

(b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:

(1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and

(2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.

The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 deleted text begin and 11deleted text end beginning in the 2010-2011 school
year are aligned with the new text begin 2007 new text end state academic standards in mathematics. Thenew text begin statewide
high school mathematics test shall remain aligned to 2003 state academic standards in
mathematics through the 2012-2013 school year. Anynew text end statewide deleted text begin 11th gradedeleted text end new text begin high schoolnew text end
mathematics test administered to students under clause (2) deleted text begin beginning in the 2013-2014
school year must include algebra II test items that aredeleted text end new text begin used for state-level student, school,
or district accountability must benew text end aligned with corresponding new text begin 2007 new text end state academic
standards in mathematicsnew text begin beginning in the 2013-2014 school yearnew text end . The commissioner must
implement a review of the academic standards and related benchmarks in mathematics
beginning in the 2015-2016 school year.

(c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.

(d) The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit. The
commissioner must implement a review of the academic standards and related benchmarks
in science beginning in the 2017-2018 school year.

(e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. The commissioner must implement a review of the academic
standards and related benchmarks in language arts beginning in the 2018-2019 school year.

(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020 school year.

(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, physical education, world
languages, and career and technical education to require students to complete the revised
standards beginning in a school year determined by the school district or charter school.
School districts and charter schools must formally establish a periodic review cycle for
the academic standards and related benchmarks in health, physical education, world
languages, and career and technical education.

Minnesota Statutes 2008, section 120B.024, is amended to read:

(a) Students deleted text begin beginning 9th grade in the 2004-2005 school year and laterdeleted text end must
successfully complete the following high school level course credits for graduation:

(1) four credits of language arts;

(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standard;

(3) three credits of science, including at least one credit in biology;

(4) three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studies, agriculture education, or business department;

(5) one credit in the arts; deleted text begin and
deleted text end

(6) a minimum of seven elective course creditsnew text begin ; and
new text end

new text begin (7) a minimum of one online course or online learning experience as defined by the
commissioner of education that meets college and career-ready standardsnew text end .

A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matter, as determined by the
local school district.

(b) An agriculture science course may fulfill a science credit requirement in addition
to the specified science credits in biology and chemistry or physics under paragraph (a),
clause (3).

(c) A career and technical education course may fulfill a science, mathematics, or
arts credit requirement in addition to the specified science, mathematics, or arts credits
under paragraph (a), clause (2), (3), or (5).

new text begin This section is effective for students entering ninth grade in
the 2009-2010 school year and later.
new text end

new text begin A state of Minnesota virtual education program is
established for teachers and students to improve and enhance teacher instruction and
student learning through integration of technology and online learning. The commissioner
of education shall establish the program and develop a selection of online courses for
students. The online student courses shall be established for grades 6 through 12.
new text end

new text begin (a) The student courses shall be developed by
department staff, content experts, licensed Minnesota teachers, licensed administrators,
and business representatives. The courses must be aligned to the Minnesota academic
standards established in Minnesota Rules, chapter 3501. The commissioner of education,
in working with qualified individuals, must establish at least ten student courses that
will be available to students and teachers no later than the 2010-2011 school year. The
commissioner must give priority in the development of courses to science, technology,
engineering, mathematics, and advanced courses. The courses available to students must
be monitored and delivered by licensed Minnesota teachers under section 122A.16.
new text end

new text begin (b) School districts and charter schools participating in the program must:
new text end

new text begin (1) submit a letter of intent to the commissioner of education;
new text end

new text begin (2) allow students to participate in the program;
new text end

new text begin (3) train teachers to monitor and deliver courses;
new text end

new text begin (4) allow students to receive graduation credit, if appropriate, for successful
completion of the courses;
new text end

new text begin (5) issue grades to students enrolled in the online courses; and
new text end

new text begin (6) report progress to the department on student participation and completion rates.
new text end

new text begin The commissioner of education must submit a report to the chairs
of the house of representatives and senate education committees by October 1, 2011,
assessing the progress and development of the program.
new text end

Minnesota Statutes 2008, section 120B.30, subdivision 1, is amended to read:

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed from and aligned with the state's
required academic standards under section 120B.021 and administered annually to all
students in grades 3 through 8 and at the high school levelnew text begin in mathematics and readingnew text end . A
state-developed test in a subject other than writing, developed after the 2002-2003 school
year, must include both deleted text begin machine-scoreabledeleted text end new text begin multiple-choicenew text end and constructed response
questions. The commissioner shall establish one or more months during which schools
shall administer the tests to students each school year.

new text begin (b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section 120B.023 in the following manner:
new text end

new text begin (1) mathematics;
new text end

new text begin (i) grades 3 through 8 beginning in the 2010-2011 school year; and
new text end

new text begin (ii) high school level beginning in the 2013-2014 school year;
new text end

new text begin (2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and
new text end

new text begin (3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.
new text end

new text begin (c) new text end For students enrolled in grade 8 before the 2005-2006 school year, only
Minnesota basic skills tests in reading, mathematics, and writing shall fulfill students'
basic skills testing requirements for a passing state notation. The passing scores of basic
skills tests in reading and mathematics are the equivalent of 75 percent correct for students
entering grade 9 in 1997 and thereafter, as based on the first uniform test administration
of February 1998.

deleted text begin (b)deleted text end new text begin (d)new text end For students enrolled in grade 8 in the 2005-2006 school year and later, only
the following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;

(ii) achieving a passing score as determined through a standard setting process on the
state-identified language proficiency test in reading and the mathematics test for English
language learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;

(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individual education plan; or

(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and

(2) for writing:

(i) achieving a passing score on the graduation-required assessment for diploma;

(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan; or

(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan.

deleted text begin (c)deleted text end new text begin (e)new text end The 3rd through 8th grade and high school level test results shall be available
to districts for diagnostic purposes affecting student learning and district instruction and
curriculum, and for establishing educational accountability. The commissioner must
disseminate to the public the test results upon receiving those results.

deleted text begin (d)deleted text end new text begin (f)new text end State tests must be constructed and aligned with state academic standards. The
testing process and the order of administration shall be determined by the commissioner.
The statewide results shall be aggregated at the site and district level, consistent with
subdivision 1a.

deleted text begin (e)deleted text end new text begin (g)new text end In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
system:

(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodationsdeleted text begin ,deleted text end new text begin ornew text end alternate
assessmentsdeleted text begin , or exemptionsdeleted text end consistent with applicable federal lawdeleted text begin , only with parent or
guardian approval, for those very few students for whom the student's individual education
plan team under sections 125A.05 and 125A.06 determines that the general statewide test
is inappropriate for a student, or for a limited English proficiency student under section
124D.59, subdivision 2deleted text end ;

(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.

Minnesota Statutes 2008, section 120B.30, subdivision 1a, is amended to read:

(a) The commissioner must
develop reading, mathematics, and science assessments aligned with state academic
standards that districts and sites must use to monitor student growth toward achieving
those standards. The commissioner must not develop statewide assessments for academic
standards in social studies, health and physical education, and the arts. The commissioner
must require:

(1) annual reading and mathematics assessments in grades 3 through 8 and at the
high school level for the 2005-2006 school year and later; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through deleted text begin 9deleted text end new text begin 8new text end span, and deleted text begin a life sciences assessment in the grades 10 through 12 spandeleted text end new text begin
any assessments at the high school level that must include a physical science, life science
and chemistry, or physics assessmentnew text end for the 2007-2008 school year and later.

(b) The commissioner must ensure that all statewide tests administered to elementary
and secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include, by no later than the 2008-2009 school year, a value-added component
that is in addition to a measure for student achievement growth over time; and

(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and

(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.

(d) Consistent with applicable federal law and subdivision 1, paragraph (d), clause
(1), the commissioner must include appropriate, technically sound accommodations or
alternative assessments for the very few students with disabilities for whom statewide
assessments are inappropriate and for students with limited English proficiency.

(e) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
progress in achieving the academic standards. If a state assessment is not available, a
school, school district, and charter school must determine locally if a student has met
the required academic standards. A school, school district, or charter school may use a
student's performance on a statewide assessment as one of multiple criteria to determine
grade promotion or retention. A school, school district, or charter school may use a high
school student's performance on a statewide assessment as a percentage of the student's
final grade in a course, or place a student's assessment score on the student's transcriptnew text begin
except as required in paragraph (f)new text end .

new text begin (f) A school, district, or charter school must place a student's assessment score for
the final high school census administration of the mathematics and reading Minnesota
Comprehensive Assessments and the writing Graduation-Required Assessment for
Diploma on the student's high school transcript.
new text end

new text begin (g) Schools selected for stand-alone state field testing or other state or national
sampling by the department must participate as requested. Superintendents or charter
school directors may appeal in writing to the commissioner of education or the
commissioner's designee for exemption from a selected field test or national sampling if
undue hardship is demonstrated. The commissioner's decision regarding the appeal is final.
new text end

Minnesota Statutes 2008, section 120B.30, subdivision 2, is amended to read:

The Department of Education
shall contract for professional and technical services according to competitive deleted text begin biddingdeleted text end new text begin
solicitationnew text end procedures under chapter 16C for purposes of this section.

Minnesota Statutes 2008, section 120B.362, is amended to read:

(a) The commissioner of education must implement a value-added assessment
program to assist school districts, public schools, and charter schools in assessing and
reporting individual students' growth in academic achievement under section 120B.30,
subdivision 1a.

new text begin (b) For the purposes of this section, "value-added" means a model that requires
longitudinal, student-level data and vertically scaled assessments to determine what
portion of a student's growth can be explained by inputs related to the education
environment, school, teacher, and student, among other inputs.
new text end

new text begin (c) new text end The program must use assessments of individual students' academic achievement
to make longitudinal comparisons of each student's academic growth over time. deleted text begin School
districts, public schools, and charter schools may apply to the commissioner to participate
in the initial trial program using a form and in the manner the commissioner prescribes.
The commissioner must select program participants from urban, suburban, and rural
areas throughout the state.
deleted text end

deleted text begin (b)deleted text end new text begin (d)new text end The commissioner may issue a request for proposals to contract with an
organization that deleted text begin providesdeleted text end new text begin enhancesnew text end a value-added assessment model that reliably
estimates school and school district effects on students' academic achievement over time.
The model the commissioner selects must accommodate diverse data and must use each
student's test data across grades. Data on individual teachers generated under the model
are personnel data under section 13.43.

deleted text begin (c)deleted text end new text begin (e)new text end The contract under paragraph deleted text begin (b)deleted text end new text begin (d)new text end must be consistent with the definition of
"best value" under section 16C.02, subdivision 4.

Minnesota Statutes 2008, section 122A.40, subdivision 8, is amended to read:

new text begin (a) A school board and
an exclusive representative of the teachers in the district shall develop an annual review
process and evaluation for all continuing contract teachers through joint agreement. The
annual review process and evaluation must be aligned to best instructional practices in
teaching and learning. A school board and exclusive representatives of the teachers must
use section 122A.413, subdivision 2, as the review for continuing contract teachers if the
plan has been approved by the commissioner of education.
new text end

new text begin (b) new text end A school board and an exclusive representative of the teachers in the district shall
develop a peer review process for continuing contract teachers through joint agreement.new text begin
Peer review for continuing contract teachers may be used to meet the requirement of
paragraph (a).
new text end

new text begin (a) As an alternative to postsecondary
teacher preparation programs, a teacher training program is established for qualified
professionals to acquire entrance licenses. Program providers, approved by the Board of
Teaching under subdivision 3, may offer the program in the instructional fields of science,
mathematics, world languages, English as a second language, and special education.
new text end

new text begin (b) To participate in the teacher training program, the teacher applicant must:
new text end

new text begin (1) have, at a minimum, a bachelor's degree from an accredited four-year
postsecondary institution;
new text end

new text begin (2) have an undergraduate major or postbaccalaureate degree in the subject to be
taught or in an equivalent or related subject area in which the applicant is seeking licensure;
new text end

new text begin (3) pass a skills examination in reading, writing, and mathematics required under
section 122A.18;
new text end

new text begin (4) pass a content knowledge assessment for each subject area to be taught;
new text end

new text begin (5) have a cumulative grade point average of 2.75 or higher on a 4.0 scale for a
bachelor's degree;
new text end

new text begin (6) show employment related to the subject to be taught; and
new text end

new text begin (7) show a district offer for employment as a teacher contingent on participating in
an approved program described in subdivision 2.
new text end

new text begin A teacher training program under this section is one year in
duration and must include:
new text end

new text begin (1) a nine-credit summer or preinduction preparation program that includes
classroom management techniques and on-site classroom observation that are completed
before the candidate is employed in the classroom;
new text end

new text begin (2) 200 clock hours of instruction in standards of effective practice and essential
skills that include curriculum, instructional strategies, and classroom management
presented after school or on Saturdays throughout the year leading to a teaching license
and up to 15 credits toward a master's degree in education;
new text end

new text begin (3) on-the-job mentoring, supervision, and evaluation arranged by the employing
district that includes mentoring provided by both an experienced teacher licensed in
the subject taught by the applicant and a supervisor affiliated with the postsecondary
institution that provides training to the teacher applicant, and evaluations by an evaluation
team composed of the mentor, the supervisor, the principal, and a training program
member that include at least three classroom observations where the third evaluation
contains the team's recommendation for licensure and where a written report of each
evaluation is prepared; and
new text end

new text begin (4) a one-week intensive workshop that includes analysis and reflection of the first
year of teaching after completing the school year, which may be counted as part of the 200
clock hours required in clause (2).
new text end

new text begin An interested Minnesota public or private
postsecondary institution must submit program proposals to the Board of Teaching for
approval.
new text end

new text begin Notwithstanding any law to the contrary, the Board of Teaching must develop
criteria for approving teacher training programs under this section after considering the
recommendations of an advisory group appointed by the Board of Teaching composed of,
at a minimum, the commissioner of education or designee, and representatives of school
superintendents, principals, teachers, and postsecondary institutions, including those
offering degrees in teaching preparation.
new text end

new text begin Notwithstanding any law to the contrary, the Board of
Teaching must issue to an applicant who successfully meets the criteria under subdivision
1, paragraph (b), a one-year eligibility license to teach at the employing district under
subdivision 1, paragraph (b), clause (7). During the one-year eligibility period, the
employing district must assign a mentor under subdivision 2, clause (3). The applicant
teacher and teacher mentor must meet at least weekly throughout the school year on
classroom and instructional issues.
new text end

new text begin The hiring district may deduct from the participant's salary the cost of providing the
mentor for the participant during the training year.
new text end

new text begin Notwithstanding any law to the contrary, the
Board of Teaching must issue a standard entrance license to a training program licensee
who successfully completes the program under subdivision 2, successfully teaches in a
classroom for one complete school year, successfully passes an assessment of general
pedagogical knowledge, and receives a positive recommendation from the applicant's
evaluation team.
new text end

new text begin A person with a valid eligibility license under
subdivision 5 is a qualified teacher under section 122A.16.
new text end

Minnesota Statutes 2008, section 124D.86, subdivision 3, is amended to read:

new text begin (a) new text end Integration revenue new text begin for a school district new text end equals
new text begin the lesser of: the district's integration revenue per pupil unit for fiscal year 2009 times the
adjusted pupil units for the school year or new text end the following amounts:

(1) for Independent School District No. 709, Duluth, $206 times the adjusted pupil
units for the school year;

(2) for Independent School District No. 625, St. Paul, $445 times the adjusted
pupil units for the school year;

(3) for Special School District No. 1, Minneapolis, the sum of $445 times the
adjusted pupil units for the school year and an additional $35 times the adjusted pupil units
for the school year that is provided entirely through a local levy;

(4) for a district not listed in clause (1), (2), or (3), that must implement a plan
under Minnesota Rules, parts 3535.0100 to 3535.0180, where the district's enrollment of
protected students, as defined under Minnesota Rules, part 3535.0110, exceeds 15 percent,
the lesser of (i) the actual cost of implementing the plan during the fiscal year minus the aid
received under subdivision 6, or (ii) $129 times the adjusted pupil units for the school year;

(5) for a district not listed in clause (1), (2), (3), or (4), that is required to implement
a plan according to the requirements of Minnesota Rules, parts 3535.0100 to 3535.0180,
the lesser of

(i) the actual cost of implementing the plan during the fiscal year minus the aid
received under subdivision 6, or

(ii) $92 times the adjusted pupil units for the school year.

Any money received by districts in clauses (1) to (3) which exceeds the amount
received in fiscal year 2000 shall be subject to the budget requirements in subdivision
1a; and

(6) for a member district of a multidistrict integration collaborative that files a plan
with the commissioner, but is not contiguous to a racially isolated district, integration
revenue equals the amount defined in clause (5).

new text begin (b) A district that did not receive integration revenue under this subdivision for fiscal
year 2009 is not eligible for integration revenue for fiscal year 2010 or later.
new text end

new text begin This section is effective July 1, 2009.
new text end

new text begin The summer of success program is established to
provide intensive intervention to students not yet proficient on the 8th grade standardized
assessments in mathematics or reading. Intervention aiming to accelerate students to
grade level shall be delivered to students the summer between 8th and 9th grade or in
an extended day format during 9th grade.
new text end

new text begin Mathematics and reading instruction shall be
delivered in a manner to support student success. Program components shall include, but
are not limited to:
new text end

new text begin (1) duration of sufficient length and intensity, individualized based on data, to
support student mastery of content that brings them to grade level and prepares them for
9th grade material;
new text end

new text begin (2) curriculum aligned to Minnesota kindergarten through grade 12 academic
standards and delivered by highly qualified instructors in the content area in which
instruction will be provided;
new text end

new text begin (3) connections to other support programs and opportunities offered during the
traditional school year;
new text end

new text begin (4) creation of a high school transition plan, including courses supporting college
and career readiness; and
new text end

new text begin (5) participation in an external program evaluation.
new text end

new text begin The commissioner shall administer the program
through a competitive process. Applicants shall apply in the form and manner prescribed
by the commissioner. The commissioner shall, to the extent possible, select sites in St.
Paul, Minneapolis, the suburban metropolitan area, and greater Minnesota.
new text end

new text begin The Minnesota Department of Education shall establish a competitive grant process
open to the University of Minnesota, Minnesota State Colleges and University institutions,
and Minnesota private colleges to establish U TEACH programs. The programs must be
designed to encourage the recruitment of current students enrolled in math and science
departments into teacher preparation programs. The funds awarded must be used to defray
the tuition of up to six teacher education courses per student.
new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin For building lease aid under Minnesota
Statutes, section 124D.11, subdivision 4:
new text end

	new text begin $ new text end	new text begin 36,575,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 44,905,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $3,719,000 for 2009 and $32,856,000 for 2010.
new text end

new text begin The 2011 appropriation includes $8,213,000 for 2010 and $36,692,000 for 2011.
new text end

new text begin For charter school startup cost aid under
Minnesota Statutes, section 124D.11:
new text end

	new text begin $ new text end	new text begin 1,389,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,237,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $207,000 for 2009 and $1,182,000 for 2010.
new text end

new text begin The 2011 appropriation includes $295,000 for 2010 and $942,000 for 2011.
new text end

new text begin For integration aid under Minnesota Statutes, section
124D.86, subdivision 5:
new text end

	new text begin $ new text end	new text begin 55,345,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 61,289,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $6,110,000 for 2009 and $49,235,000 for 2010.
new text end

new text begin The 2011 appropriation includes $12,309,000 for 2010 and $48,980,000 for 2011.
new text end

new text begin For magnet school and program grants under
Minnesota Statutes section 124D.88:
new text end

	new text begin $ new text end	new text begin 750,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 750,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:
new text end

	new text begin $ new text end	new text begin 15,693,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 18,831,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For American Indian success for the future grants
under Minnesota Statutes, section 124D.81:
new text end

	new text begin $ new text end	new text begin 1,923,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 2,137,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $213,000 for 2009 and $1,710,000 for 2010.
new text end

new text begin The 2011 appropriation includes $427,000 for 2010 and $1,710,000 for 2011.
new text end

new text begin For joint grants to assist
American Indian people to become teachers under Minnesota Statutes, section 122A.63:
new text end

	new text begin $ new text end	new text begin 190,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 190,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For tribal contract school aid under Minnesota
Statutes, section 124D.83:
new text end

	new text begin $ new text end	new text begin 1,764,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 2,127,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $184,000 for 2009 and $1,580,000 for 2010.
new text end

new text begin The 2011 appropriation includes $395,000 for 2010 and $1,732,000 for 2011.
new text end

new text begin For early childhood
family education programs at tribal contract schools under Minnesota Statutes, section
124D.83, subdivision 4:
new text end

	new text begin $ new text end	new text begin 68,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 68,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For the statewide testing and
reporting system under Minnesota Statutes, section 120B.30:
new text end

	new text begin $ new text end	new text begin 18,468,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 19,368,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin $1,150,000 each year is for the value-added index assessment model.
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin The base for this program in fiscal year 2012 and later is $19,232,000.
new text end

new text begin For summer of success under Minnesota Statutes,
section 124D.98:
new text end

	new text begin $ new text end	new text begin 3,204,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 6,258,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Of this amount, $200,000 in fiscal year 2010 and $250,000 in fiscal year 2011 is
for evaluation, development, and administration of the program. Any balance available
from the first year does not cancel but is available in the second year. This is a onetime
appropriation.
new text end

new text begin (a) For
students' advanced placement and international baccalaureate examination fees under
Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs
for teachers and other interested educators under Minnesota Statutes, section 120B.13,
subdivision 1:
new text end

	new text begin $ new text end	new text begin 4,500,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 4,500,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin (b) The advanced placement program shall receive 75 percent of the appropriation
each year and the international baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with representatives of the
advanced placement and international baccalaureate programs selected by the Advanced
Placement Advisory Council and IBMN, respectively, shall determine the amounts of
the expenditures each year for examination fees and training and support programs for
each program.
new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least
$500,000 each year is for teachers to attend subject matter summer training programs
and follow-up support workshops approved by the advanced placement or international
baccalaureate programs. The commissioner shall determine the payment process and
the amount of the subsidy.
new text end

new text begin (d) The commissioner shall pay all examination fees for all students of low-income
families under Minnesota Statutes, section 120B.13, subdivision 3, and to the extent
of available appropriations shall also pay examination fees for students sitting for an
advanced placement examination, international baccalaureate examination, or both.
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For advanced placement, preadvanced placement, and
international baccalaureate programs under Minnesota Statutes, section 120B.132:
new text end

	new text begin $ new text end	new text begin 2,000,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 2,000,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For the collaborative urban educator
grant program:
new text end

	new text begin $ new text end	new text begin 528,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 528,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For funding youth works programs under
Minnesota Statutes, sections 124D.37 to 124D.45:
new text end

	new text begin $ new text end	new text begin 900,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 900,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin A grantee organization may provide health and child care coverage to the dependents
of each participant enrolled in a full-time youth works program to the extent such coverage
is not otherwise available.
new text end

new text begin For student organizations:
new text end

	new text begin $ new text end	new text begin 725,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 725,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin $40,000 each year is for student organizations serving health occupations.
new text end

new text begin $38,000 each year is for student organizations serving service occupations.
new text end

new text begin $88,000 each year is for student organizations serving trade and industry occupations.
new text end

new text begin $84,000 each year is for student organizations serving business occupations.
new text end

new text begin $131,000 each year is for student organizations serving agriculture occupations.
new text end

new text begin $125,000 each year is for student organizations serving family and consumer science
occupations.
new text end

new text begin $95,000 each year is for student organizations serving marketing occupations.
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For
the Educational Planning and Assessment System (EPAS) program under Minnesota
Statutes, section 120B.128:
new text end

	new text begin $ new text end	new text begin 829,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 829,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For early childhood literacy
programs under Minnesota Statutes, section 119A.50, subdivision 3:
new text end

	new text begin $ new text end	new text begin 1,000,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,000,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin $1,000,000 each year is for leveraging federal and private funding to support
AmeriCorps members serving in the Minnesota Reading Corps program established by
Serve Minnesota, including costs associated with the training and teaching of early literacy
skills to children age three to grade 3 and the evaluation of the impact of the program
under Minnesota Statutes, sections 124D.38, subdivision 2, and 124D.42, subdivision 6.
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For teacher centers under Minnesota Statutes, section
122A.72:
new text end

	new text begin $ new text end	new text begin 1,500,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,500,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Of this amount, $200,000 in fiscal year 2010 and $200,000 in fiscal year 2011 is
for administration and evaluation of the program. Any balance in the first year does not
cancel but is available in the second year. This is a onetime appropriation.
new text end

new text begin For the U TEACH program under section 12:
new text end

	new text begin $ new text end	new text begin 500,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 500,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
This is a onetime appropriation.
new text end

new text begin For the SMART teacher training program
for professionals under Minnesota Statutes, section 122A.246:
new text end

	new text begin $ new text end	new text begin 500,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 500,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For the Principals' Leadership Institute
under Minnesota Statutes, section 122A.75:
new text end

	new text begin $ new text end	new text begin 400,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 400,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For the Minnesota Virtual Education
program under Minnesota Statutes, section 120B.17:
new text end

	new text begin $ new text end	new text begin 1,000,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,000,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance from the first year does not cancel but is available in the second year.
new text end

new text begin Minnesota Statutes 2008, sections 122A.24; 122A.72, subdivisions 3 and 4; and
124D.091, subdivision 3, new text end new text begin are repealed.
new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin For special education aid under Minnesota
Statutes, section 125A.75:
new text end

	new text begin $ new text end	new text begin 660,502,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 776,407,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $71,947,000 for 2009 and $588,555,000 for 2010.
new text end

new text begin The 2011 appropriation includes $147,138,000 for 2010 and $629,269,000 for 2011.
new text end

new text begin For aid under Minnesota Statutes,
section 125A.75, subdivision 3, for children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence can be determined:
new text end

	new text begin $ new text end	new text begin 2,519,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 2,779,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin If the appropriation for either year is insufficient, the appropriation for the other
year is available.
new text end

new text begin For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
new text end

	new text begin $ new text end	new text begin 224,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 270,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $23,000 for 2009 and $201,000 for 2010.
new text end

new text begin The 2011 appropriation includes $50,000 for 2010 and $220,000 for 2011.
new text end

new text begin For excess cost aid under Minnesota
Statutes, section 125A.79, subdivision 7:
new text end

	new text begin $ new text end	new text begin 102,668,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 110,874,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $37,046,000 for 2009 and $65,622,000 for 2010.
new text end

new text begin The 2011 appropriation includes $45,225,000 for 2010 and $65,649,000 for 2011.
new text end

new text begin For reimbursing serving
school districts for unreimbursed eligible expenditures attributable to children placed in
the serving school district by court action under Minnesota Statutes, section 125A.79,
subdivision 4:
new text end

	new text begin $ new text end	new text begin 76,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 78,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For special education out-of-state
tuition according to Minnesota Statutes, section 125A.79, subdivision 8:
new text end

	new text begin $ new text end	new text begin 250,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 250,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

Minnesota Statutes 2008, section 125B.26, is amended to read:

(a) A district deleted text begin ordeleted text end new text begin ,new text end charter schoolnew text begin , or
intermediate school districtnew text end shall submit its actual telecommunications/Internet access
costs for the previous fiscal year, adjusted for any e-rate revenue received, to the
department by August 15 of each year as prescribed by the commissioner. Costs eligible
for reimbursement under this program are limited to the following:

(1) ongoing or recurring telecommunications/Internet access costs associated with
Internet access, data lines, and video links providing:

(i) the equivalent of one data line, video link, or integrated data/video link that relies
on a transport medium that operates at a minimum speed of 1.544 megabytes per second
(T1) for each elementary school, middle school, or high school under section 120A.05,
subdivisions 9, 11, and 13, including the recurring telecommunications line lease costs
and ongoing Internet access service fees; or

(ii) the equivalent of one data line or video circuit, or integrated data/video link that
relies on a transport medium that operates at a minimum speed of 1.544 megabytes per
second (T1) for each district, including recurring telecommunications line lease costs
and ongoing Internet access service fees;

(2) recurring costs of contractual or vendor-provided maintenance on the school
district's wide area network to the point of presence at the school building up to the router,
codec, or other service delivery equipment located at the point of presence termination
at the school or school district;

(3) recurring costs of cooperative, shared arrangements for regional delivery of
telecommunications/Internet access between school districts, postsecondary institutions,
and public libraries including network gateways, peering points, regional network
infrastructure, Internet2 access, and network support, maintenance, and coordination; and

(4) service provider installation fees for installation of new telecommunications lines
or increased bandwidth.

(b) Costs not eligible for reimbursement under this program include:

(1) recurring costs of school district staff providing network infrastructure support;

(2) recurring costs associated with voice and standard telephone service;

(3) costs associated with purchase of network hardware, telephones, computers, or
other peripheral equipment needed to deliver telecommunications access to the school or
school district;

(4) costs associated with laying fiber for telecommunications access;

(5) costs associated with wiring school or school district buildings;

(6) costs associated with purchase, installation, or purchase and installation of
Internet filtering; and

(7) costs associated with digital content, including online learning or distance
learning programming, and information databases.

To be eligible for aid under this section, a district deleted text begin ordeleted text end new text begin ,new text end charter
schoolnew text begin , or intermediate school districtnew text end is required to file an e-rate application either
separately or through its telecommunications access cluster and have a current technology
plan on file with the department. Discounts received on telecommunications expenditures
shall be reflected in the costs submitted to the department for aid under this section.

The commissioner shall develop criteria
for approving costs submitted by organized school districts deleted text begin anddeleted text end new text begin ,new text end charter schoolsnew text begin , and
intermediate school districtsnew text end under subdivision 1.

For fiscal year 2006 and later, a district deleted text begin ordeleted text end new text begin ,new text end charter deleted text begin school'sdeleted text end new text begin
school, or intermediate school district'snew text end Internet access equity aid equals the district deleted text begin ordeleted text end new text begin ,new text end
charter deleted text begin school'sdeleted text end new text begin school, or intermediate school district'snew text end approved cost for the previous
fiscal year according to subdivision 1 exceeding $15 times the district's adjusted marginal
cost pupil units for the previous fiscal year or no reduction if the district is part of an
organized telecommunications access cluster. Equity aid must be distributed to the
telecommunications access cluster for districtsnew text begin , charter schools, or intermediate school
districtsnew text end that are members of the cluster or to individual districts deleted text begin anddeleted text end new text begin ,new text end charter schoolsnew text begin , or
intermediate school districtsnew text end not part of a telecommunications access cluster.

(a) Districts shall provide each year upon formal request by or on behalf of a nonpublic
school, not including home schools, located in that district or area, ongoing or recurring
telecommunications access services to the nonpublic school either through existing district
providers or through separate providers.

(b) The amount of district aid for telecommunications access services for each
nonpublic school under this subdivision equals the lesser of:

(1) 90 percent of the nonpublic school's approved cost for the previous fiscal year
according to subdivision 1 exceeding $10 for fiscal year 2006 and later times the number
of weighted pupils enrolled at the nonpublic school as of October 1 of the previous
school year; or

(2) the product of the district's aid per pupil unit according to subdivision 4 times
the number of weighted pupils enrolled at the nonpublic school as of October 1 of the
previous school year.

(c) For purposes of this subdivision, nonpublic school pupils shall be weighted by
grade level using the weighting factors defined in section 126C.05, subdivision 1.

(d) Each year, a district providing services under paragraph (a) may claim up to five
percent of the aid determined in paragraph (b) for costs of administering this subdivision.
No district may expend an amount for these telecommunications access services which
exceeds the amount allocated under this subdivision. The nonpublic school is responsible
for the Internet access costs not covered by this section.

(e) At the request of a nonpublic school, districts may allocate the amount
determined in paragraph (b) directly to the nonpublic school to pay for or offset the
nonpublic school's costs for telecommunications access services; however, the amount
allocated directly to the nonpublic school may not exceed the actual amount of the school's
ongoing or recurring telecommunications access costs.

If any portion of this section is found by a court to be
unconstitutional, the remaining portions of the section shall remain in effect.

new text begin This section is effective the day following final enactment.
new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin For health and safety aid according to
Minnesota Statutes, section 123B.57, subdivision 5:
new text end

	new text begin $ new text end	new text begin 144,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 161,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $10,000 for 2009 and $134,000 for 2010.
new text end

new text begin The 2011 appropriation includes $33,000 for 2010 and $128,000 for 2011.
new text end

new text begin For debt service aid according to Minnesota
Statutes, section 123B.53, subdivision 6:
new text end

	new text begin $ new text end	new text begin 7,260,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 7,815,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $851,000 for 2009 and $6,409,000 for 2010.
new text end

new text begin The 2011 appropriation includes $1,602,000 for 2010 and $6,213,000 for 2011.
new text end

new text begin For alternative facilities bonding aid,
according to Minnesota Statutes, section 123B.59, subdivision 1:
new text end

	new text begin $ new text end	new text begin 17,358,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 19,287,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $1,928,000 for 2009 and $15,430,000 for 2010.
new text end

new text begin The 2011 appropriation includes $3,857,000 for 2010 and $15,430,000 for 2011.
new text end

new text begin For equity in telecommunications
access:
new text end

	new text begin $ new text end	new text begin 3,750,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 3,750,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin If the appropriation amount is insufficient, the commissioner shall reduce the
reimbursement rate in Minnesota Statutes, section 125B.26, subdivisions 4 and 5, and the
revenue for fiscal years 2010 and 2011 shall be prorated.
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For deferred maintenance aid, according to
Minnesota Statutes, section 123B.591, subdivision 4:
new text end

	new text begin $ new text end	new text begin 2,046,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,870,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $258,000 for 2009 and $1,788,000 for 2010.
new text end

new text begin The 2011 appropriation includes $447,000 for 2010 and $1,423,000 for 2011.
new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin For school lunch aid according to Minnesota Statutes,
section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
new text end

	new text begin $ new text end	new text begin 12,689,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 13,070,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For traditional school breakfast aid under Minnesota
Statutes, section 124D.1158:
new text end

	new text begin $ new text end	new text begin 4,978,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 5,146,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For kindergarten milk aid under Minnesota Statutes,
section 124D.118:
new text end

	new text begin $ new text end	new text begin 1,098,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,120,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For summer food service
replacement aid under Minnesota Statutes, section 124D.119:
new text end

	new text begin $ new text end	new text begin 150,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 150,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin For basic system support grants under Minnesota
Statutes, section 134.355:
new text end

	new text begin $ new text end	new text begin 12,213,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 13,570,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $1,357,000 for 2009 and $10,856,000 for 2010.
new text end

new text begin The 2011 appropriation includes $2,714,000 for 2010 and $10,856,000 for 2011.
new text end

new text begin For grants under Minnesota
Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:
new text end

	new text begin $ new text end	new text begin 1,170,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,300,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $130,000 for 2009 and $1,040,000 for 2010.
new text end

new text begin The 2011 appropriation includes $260,000 for 2010 and $1,040,000 for 2011.
new text end

new text begin For statewide licenses to online
databases selected in cooperation with the Minnesota Office of Higher Education for
school media centers, public libraries, state government agency libraries, and public
or private college or university libraries:
new text end

	new text begin $ new text end	new text begin 900,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 900,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For regional library
telecommunications aid under Minnesota Statutes, section 134.355:
new text end

	new text begin $ new text end	new text begin 2,070,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 2,300,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $230,000 for 2009 and $1,840,000 for 2010.
new text end

new text begin The 2011 appropriation includes $460,000 for 2010 and $1,840,000 for 2011.
new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin For revenue for school readiness programs under
Minnesota Statutes, sections 124D.15 and 124D.16:
new text end

	new text begin $ new text end	new text begin 9,085,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 10,095,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $1,009,000 for 2009 and $8,076,000 for 2010.
new text end

new text begin The 2011 appropriation includes $2,019,000 for 2010 and $8,076,000 for 2011.
new text end

new text begin For early childhood family
education aid under Minnesota Statutes, section 124D.135:
new text end

	new text begin $ new text end	new text begin 20,818,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 22,617,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $3,033,000 for 2009 and $17,785,000 for 2010.
new text end

new text begin The 2011 appropriation includes $4,446,000 for 2010 and $18,171,000 for 2011.
new text end

new text begin For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
new text end

	new text begin $ new text end	new text begin 3,466,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 3,961,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $370,000 for 2009 and $3,096,000 for 2010.
new text end

new text begin The 2011 appropriation includes $773,000 for 2010 and $3,188,000 for 2011.
new text end

new text begin For Head Start programs under Minnesota Statutes,
section 119A.52:
new text end

	new text begin $ new text end	new text begin 20,100,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 20,100,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For the educate parents partnership under
Minnesota Statutes, section 124D.129:
new text end

	new text begin $ new text end	new text begin 50,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 50,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin For the kindergarten entrance assessment initiative and intervention program
under Minnesota Statutes, section 124D.162:
new text end

	new text begin $ new text end	new text begin 287,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 287,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin For community education aid under
Minnesota Statutes, section 124D.20:
new text end

	new text begin $ new text end	new text begin 528,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 456,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $74,000 for 2009 and $454,000 for 2010.
new text end

new text begin The 2011 appropriation included $113,000 for 2010 and $343,000 for 2011.
new text end

new text begin For adults with disabilities
programs under Minnesota Statutes, section 124D.56:
new text end

	new text begin $ new text end	new text begin 639,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 710,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $71,000 for 2009 and $568,000 for 2010.
new text end

new text begin The 2011 appropriation includes $142,000 for 2010 and $568,000 for 2011.
new text end

new text begin For programs for hearing-impaired adults
under Minnesota Statutes, section 124D.57:
new text end

	new text begin $ new text end	new text begin 70,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 70,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin For extended day aid under Minnesota Statutes,
section 124D.22:
new text end

	new text begin $ new text end	new text begin 1,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $0 for 2009 and $1,000 for 2010.
new text end

new text begin The 2011 appropriation includes $0 for 2010 and $1,000 for 2011.
new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin For adult basic education aid under Minnesota
Statutes:
new text end

	new text begin $ new text end	new text begin 38,622,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 44,079,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $4,182,000 for 2009 and $34,440,000 for 2010.
new text end

new text begin The 2011 appropriation includes $8,610,000 for 2010 and $35,469,000 for 2011.
new text end

new text begin For payment of 60 percent of the costs of GED tests under
Minnesota Statutes, section 124D.55:
new text end

	new text begin $ new text end	new text begin 125,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 125,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

Minnesota Statutes 2008, section 122A.09, subdivision 4, is amended to
read:

(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.

(b) The board must adopt rules requiring a person to successfully complete a skills
examination in reading, writing, and mathematics as a requirement for deleted text begin initial teacher
licensuredeleted text end new text begin entrance into a board-approved teacher preparation programnew text end . Such rules must
require college and universities offering a board-approved teacher preparation program to
provide remedial assistance to persons who did not achieve a qualifying score on the skills
examination, including those for whom English is a second language.

(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.

(d) The board must provide the leadership and shall adopt rules for the redesign of
teacher education programs to implement a research based, results-oriented curriculum
that focuses on the skills teachers need in order to be effective. The board shall implement
new systems of teacher preparation program evaluation to assure program effectiveness
based on proficiency of graduates in demonstrating attainment of program outcomes.

(e) The board must adopt rules requiring successful completion of an examination
of general pedagogical knowledge and examinations of licensure-specific teaching
skills. The rules shall be effective on the dates determined by the board but not later
than September 1, 2001.

(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to candidates for initial licenses.

(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.

(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses.

(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.

(k) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation in
the areas of using positive behavior interventions and in accommodating, modifying, and
adapting curricula, materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.

(l) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.

(m) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further reading
preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
until they are approved by law. Teachers who do not provide direct instruction including, at
least, counselors, school psychologists, school nurses, school social workers, audiovisual
directors and coordinators, and recreation personnel are exempt from this section.

(n) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation
in understanding the key warning signs of early-onset mental illness in children and
adolescents.

Minnesota Statutes 2008, section 122A.18, subdivision 2, is amended to read:

(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.

(b) The board must require a person to successfully complete an examination of
skills in reading, writing, and mathematics before being granted an initial teaching license
to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special
education programs. The board must require colleges and universities offering a board
approved teacher preparation program to provide remedial assistance that includes a
formal diagnostic component to persons enrolled in their institution who did not achieve a
qualifying score on the skills examination, including those for whom English is a second
language. The colleges and universities must provide assistance in the specific academic
areas of deficiency in which the person did not achieve a qualifying score. School
districts must provide similar, appropriate, and timely remedial assistance that includes a
formal diagnostic component and mentoring to those persons employed by the district
who completed their teacher education program outside the state of Minnesota, received
a one-year license to teach in Minnesota and did not achieve a qualifying score on the
skills examination, including those persons for whom English is a second language. The
Board of Teaching shall report annually to the education committees of the legislature
on the total number of teacher candidates during the most recent school year taking the
skills examination, the number who achieve a qualifying score on the examination, the
number who do not achieve a qualifying score on the examination, the distribution of all
candidates' scores, the number of candidates who have taken the examination at least once
before, and the number of candidates who have taken the examination at least once before
and achieve a qualifying score.

(c) deleted text begin A person who has completed an approved teacher preparation program and
obtained a one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year periods. Each
renewal of the one-year license is contingent upon the licensee:
deleted text end

deleted text begin (1) providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not obtain qualifying scores; and
deleted text end

deleted text begin (2) attempting to successfully complete the skills examination during the period
of each one-year license.
deleted text end

deleted text begin (d)deleted text end The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes successfully
completing the skills examination in reading, writing, and mathematics.

deleted text begin (e)deleted text end new text begin (d)new text end All colleges and universities approved by the board of teaching to prepare
persons for teacher licensure must include in their teacher preparation programs a common
core of teaching knowledge and skills to be acquired by all persons recommended
for teacher licensure. This common core shall meet the standards developed by the
interstate new teacher assessment and support consortium in its 1992 "model standards for
beginning teacher licensing and development." Amendments to standards adopted under
this paragraph are covered by chapter 14. The board of teaching shall report annually to
the education committees of the legislature on the performance of teacher candidates
on common core assessments of knowledge and skills under this paragraph during the
most recent school year.

Minnesota Statutes 2008, section 122A.416, is amended to read:

Notwithstanding sections 122A.413, 122A.414, 122A.415, and 126C.10,
multidistrict integration collaboratives deleted text begin and the Perpich Center for Arts Educationdeleted text end are
eligible to receive alternative teacher compensation revenue as if they were intermediate
school districts. To qualify for alternative teacher compensation revenue, a multidistrict
integration collaborative deleted text begin or the Perpich Center for Arts Educationdeleted text end must meet all of the
requirements of sections 122A.413, 122A.414, and 122A.415 that apply to intermediate
school districts, must report its enrollment as of October 1 of each year to the department,
and must annually report its expenditures for the alternative teacher professional pay
system consistent with the uniform financial accounting and reporting standards to the
department by November 30 of each year.

new text begin This section is effective July 1, 2010.
new text end

new text begin The Perpich Center for Arts Education
may organize as a charter school consistent with section 124D.10.
new text end

new text begin (a) Consistent with section 124D.10, subdivision 3, in order
to organize as a charter school, the Perpich Center for Arts Education must attempt to
find at least one qualified charter school sponsor that will apply to the commissioner to
authorize and serve as a charter school sponsor for the Perpich Center for Arts Education
charter school.
new text end

new text begin (b) If a qualified sponsor cannot be found or is not approved, the Department
of Education shall sponsor the Perpich Center for Arts Education charter school. If a
qualified sponsor is later found and approved, the Department of Education may transfer
sponsorship to the qualified sponsor under section 124D.10.
new text end

new text begin The Perpich Center for Arts Education charter school is eligible
for state charter school aid, including aid for start-up and operating costs, as provided
in section 124D.11.
new text end

new text begin This section is effective July 1, 2010.
new text end

new text begin (a) The Perpich Center for Arts Education is dissolved as a state agency.
new text end

new text begin (b) Official state records held at the Perpich Center for Arts Education shall be
transferred to the Department of Education.
new text end

new text begin (c) Oversight of the facility occupied by the Perpich Center for Arts Education
shall be transferred to the Department of Administration. If the Perpich Center for Arts
Education organizes as a charter school under Minnesota Statutes, section 124D.10, the
charter school shall have the right of first refusal to lease the building from the state.
new text end

new text begin This section is effective July 1, 2010.
new text end

new text begin The Board of
Teaching must adopt rules requiring candidates for licensure in the core content areas
to evidence the equivalence of an academic major in the core content area for which
they are applying for licensure. This requirement must become effective for graduates
enrolling in a Minnesota teacher preparation program after July 1, 2014. Teacher licensure
examinations must be evaluated and new cut scores adopted by the Board of Teaching
prior to January 1, 2016.
new text end

new text begin The Board
of Teaching must revise the Standards of Effective Practice for Beginning Teachers,
Minnesota Rules, part 8710.2000, to include broader preparation in technology, core
content areas, and research-based pedagogical best practices. The updated standards
must be adopted prior to July 1, 2011, and demonstrated by candidates for licensure
beginning January 1, 2015. Teacher licensure pedagogy examinations must be revised and
implemented by January 1, 2015.
new text end

new text begin The Minnesota Board of School Administrators,
after consultation with interested parties, shall amend rules governing the licensure of
principals to include more rigorous standards for principals to be instructional leaders
in the principals' schools.
new text end

new text begin Unless otherwise indicated, the sums
indicated in this section are appropriated from the general fund to the Department of
Education for the fiscal years designated.
new text end

new text begin (a) For the Department of Education:
new text end

	new text begin $ new text end	new text begin 21,448,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 21,328,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin (b) $260,000 each year is for the Minnesota Children's Museum.
new text end

new text begin (c) $41,000 each year is for the Minnesota Academy of Science.
new text end

new text begin (d) $672,000 in fiscal year 2010 and $677,000 in fiscal year 2011 are for the Board
of Teaching; of this amount $40,000 in fiscal year 2010 and $45,000 in fiscal year 2011 are
for the implementation of licensing reforms under Minnesota Statutes, section 122A.09.
Any balance in the first year does not cancel but is available in the second year. The base
in fiscal year 2012 and later is $632,000.
new text end

new text begin (e) $296,000 in fiscal year 2010 and $171,000 in fiscal year 2011 are for the Board
of School Administrators; of the fiscal year 2010 amount, $125,000 is for the purposes of
amending rules governing the licensure of principals. Any balance in the first year does
not cancel but is available in the second year.
new text end

new text begin (f) The expenditures of federal grants and aids as shown in the biennial budget
document and its supplements are approved and appropriated and shall be spent as
indicated.
new text end

new text begin (g) $40,000 each year is for an early hearing loss intervention coordinator under
Minnesota Statutes, section 125A.63, subdivision 5. If the department expends federal
funds to employ a hearing loss coordinator under Minnesota Statutes, section 125.63,
subdivision 5, then the appropriation under this paragraph is reallocated for purposes of
employing a world languages coordinator.
new text end

new text begin (h) $50,000 each year is for the Duluth Children's Museum.
new text end

new text begin For the Board of Teaching
for licensure by portfolio:
new text end

	new text begin $ new text end	new text begin 17,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 17,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin This appropriation is from the educator licensure portfolio account of the special
revenue fund.
new text end

new text begin The sums indicated in this section are appropriated from the general fund to the
Minnesota State Academies for the Deaf and the Blind for the fiscal years designated:
new text end

	new text begin $ new text end	new text begin 11,674,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 11,674,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin The sums in this section are appropriated from the general fund to the Perpich
Center for Arts Education for the fiscal years designated:
new text end

	new text begin $ new text end	new text begin 7,087,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 2,825,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin After the conclusion of the 2009-2010 school year, the fiscal year 2011 appropriation
is available for immediate transfer to the Department of Administration or Minnesota
Management and Budget in order to administer severance payments and oversee the
closing of the Perpich Center for Arts Education as a state agency.
new text end

new text begin Minnesota Statutes 2008, sections 129C.10, subdivisions 1, 2, 3, 3a, 4, 6, 7, and 8;
129C.105; 129C.15; 129C.20; 129C.25; and 129C.26, new text end new text begin are repealed.
new text end

Minnesota Statutes 2008, section 179A.18, subdivision 2, is amended to
read:

deleted text begin Except as otherwise provided by section
179A.17, subdivision 1,deleted text end Teachers employed by a local school district, other than principals
and assistant principals, may strike deleted text begin only under the following circumstances:deleted text end new text begin if the
employer violates section 179A.13, subdivision 2, clause (9).new text end

deleted text begin (1)(i) the collective bargaining agreement between their exclusive representative and
their employer has expired or, if there is no agreement, impasse under section 179A.17,
subdivision 1, has occurred; and
deleted text end

deleted text begin (ii) the exclusive representative and the employer have participated in mediation
over a period of at least 30 days. For the purposes of this subclause the mediation period
commences on the day that a mediator designated by the commissioner first attends a
conference with the parties to negotiate the issues not agreed upon; and
deleted text end

deleted text begin (iii) neither party has requested interest arbitration or a request for binding interest
arbitration has been rejected; or
deleted text end

deleted text begin (2) the employer violates section 179A.13, subdivision 2, clause (9).
deleted text end

new text begin This section applies to negotiations between a local
school board and the exclusive representative of teachers and is effective for all collective
bargaining contracts effective on or after July 1, 2009.
new text end

new text begin If, on July 1 of an odd-numbered year, the local school board
and exclusive representative of teachers have not agreed to the terms for a new contract, the
parties must enter mediation through the Bureau of Mediation Services. The commissioner
of the Bureau of Mediation Services shall assign a mediator. The parties must engage in
mediation for at least 45 days or until an agrement as to the terms for a new contract are
reached. Mediation must end on or before September 1 of the odd-numbered year.
new text end

new text begin If the school board and exclusive representative of
teachers have not executed a new contract by October 1 of the odd-numbered year, the
parties must certify the items in dispute to the commissioner of mediation services. If the
parties disagree on the items subject to arbitration, the commissioner must determine the
items to be decided. Arbitration is governed by section 179A.16, except that:
new text end

new text begin (1) the arbitration shall be final-offer, total-package, interest-binding arbitration;
new text end

new text begin (2) participation is mandatory;
new text end

new text begin (3) the results are binding on both parties;
new text end

new text begin (4) the arbitrator shall consider, in addition to any other relevant factors, the
following factors:
new text end

new text begin (i) past collective bargaining contracts between the parties including the bargaining
that led up to such contracts;
new text end

new text begin (ii) comparison of wages, hours, and conditions of employment of comparable
public employees doing comparable work;
new text end

new text begin (iii) the interests and welfare of the public; and
new text end

new text begin (iv) the ability or inability of the board to finance the arbitration award; and
new text end

new text begin (5) the arbitrator must issue a final decision no later than December 1 of the
odd-numbered year.
new text end

new text begin Minnesota Statutes 2008, section 179A.17, subdivision 1, new text end new text begin is repealed.
new text end

new text begin The amounts shown in this subdivision
summarize direct appropriations, by fund, made in this article.
new text end

new text begin SUMMARY BY FUND new text end
		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 1,421,840,000 new text end	new text begin $ new text end	new text begin 1,422,710,000 new text end	new text begin $ new text end	new text begin 2,844,550,000 new text end
new text begin Health Care Access new text end	new text begin $ new text end	new text begin 2,157,000 new text end	new text begin $ new text end	new text begin 2,157,000 new text end	new text begin $ new text end	new text begin 4,314,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 1,423,997,000 new text end	new text begin $ new text end	new text begin 1,424,867,000 new text end	new text begin $ new text end	new text begin 2,848,864,000 new text end

new text begin The amounts shown in this subdivision
summarize direct appropriations, by agency, made in this article.
new text end

new text begin SUMMARY BY AGENCY - ALL FUNDS new text end
		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin Minnesota Office of Higher Education new text end	new text begin $ new text end	new text begin 184,976,000 new text end	new text begin $ new text end	new text begin 185,795,000 new text end	new text begin $ new text end	new text begin 370,771,000 new text end
new text begin Board of Trustees of the Minnesota State Colleges and Universities new text end	new text begin $ new text end	new text begin 608,597,000 new text end	new text begin $ new text end	new text begin 608,597,000 new text end	new text begin $ new text end	new text begin 1,217,194,000 new text end
new text begin Board of Regents of the University of Minnesota new text end	new text begin $ new text end	new text begin 627,092,000 new text end	new text begin $ new text end	new text begin 627,092,000 new text end	new text begin $ new text end	new text begin 1,254,184,000 new text end
new text begin Mayo Medical Foundation new text end	new text begin $ new text end	new text begin 1,175,000 new text end	new text begin $ new text end	new text begin 1,226,000 new text end	new text begin $ new text end	new text begin 2,401,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 1,421,840,000 new text end	new text begin $ new text end	new text begin 1,422,710,000 new text end	new text begin $ new text end	new text begin 2,844,550,000 new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011.
new text end

new text begin $
new text end

new text begin 184,976,000
new text end

new text begin $
new text end

new text begin 185,795,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

144,138,000

new text begin If the appropriation in this subdivision for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

new text begin For the biennium, the tuition maximum for
students in four-year programs is $9,838 in
each year for students in four-year programs,
and for students in two-year programs, is
$5,808 each year.
new text end

new text begin This appropriation sets the living and
miscellaneous expense allowance at $6,200
each year.
new text end

100,000

new text begin This appropriation is to provide educational
benefits under Minnesota Statutes, section
299A.45, to dependents of public safety
officers killed in the line of duty.
new text end

new text begin If the appropriation in this subdivision for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

2,750,000

3,150,000

new text begin If the appropriation in this subdivision for
either year is insufficient, the appropriation
for the other year is available to meet
reciprocity contract obligations.
new text end

11,822,000

5,875,000

1,856,000

new text begin Up to $150,000 of this appropriation in
the 2010-2011 biennium may be used for
administration of the program.
new text end

new text begin The director of the Minnesota Office of
Higher Education must contract with at least
one knowledgeable person residing in or
near the city of Bemidji to assist students
with the scholarships under Minnesota
Statutes, section 136A.126, and with other
information about financial aid for which
the students may be eligible. Bemidji State
University must provide office space at
no cost to the Minnesota Office of Higher
Education for purposes of administering the
American Indian scholarship program under
Minnesota Statutes, section 136A.126.
new text end

5,068,000

360,000

4,320,000

700,000

85,000

447,000

new text begin Up to $100,000 of this appropriation in the
2010-2011 biennium may be used for the
administration of the program.
new text end

4,150,000

4,550,000

new text begin Up to $200,000 in the 2010-2011 biennium
may be used for administration of the
program.
new text end

294,000

new text begin This appropriation includes funding for
student and parent information and the get
ready outreach program. Of this amount
$125,000 each year is for student and parent
information and $169,000 each year is for
Get Ready outreach.
new text end

403,000

422,000

new text begin This appropriation is for a grant to the
United Family Medicine residency program
to support up to 18 resident physicians
each year in family practice at United
Family Medicine residency programs and
shall prepare doctors to practice family
care medicine in underserved rural and
urban areas of the state. It is intended that
this program will improve health care in
underserved communities, provide affordable
access to appropriate medical care, and
manage the treatment of patients in a more
cost-effective manner.
new text end

216,000

new text begin Up to $103,000 each year may be used for
administration. Up to $113,000 each year is
for grants to increase campus-community
collaboration and service learning statewide,
including operations of the Minnesota
campus compact, grants to member
institutions and grants for member institution
initiatives. For every $1 in state funding,
grant recipients must contribute $2 in campus
or community-based support.
new text end

48,000

2,344,000

new text begin A balance in the first year under this section
does not cancel, but is available for the
second year.
new text end

new text begin The Minnesota Office of Higher Education
may transfer unencumbered balances from
the appropriations in this section to the
state grant appropriation, the interstate
tuition reciprocity appropriation, the
child care grant appropriation, the Indian
scholarship appropriation, the state work
study appropriation, the achieve scholarship
appropriation, the public safety officers'
survivors appropriation, and the Minnesota
college savings plan appropriation. Transfers
from the child care or state work study
appropriations may only be made to the
extent there is a projected surplus in the
appropriation. A transfer may be made
only with the prior written approval of the
commissioner of finance and prior written
notice to the chairs of the senate and house of
representatives committees with jurisdiction
over higher education finance.
new text end

new text begin $
new text end

new text begin 608,597,000
new text end

new text begin $
new text end

new text begin 608,597,000
new text end

new text begin The Board of Trustees of the Minnesota
State Colleges and Universities shall adopt
a tuition growth cap for the 2009-2010 and
2010-2011 academic years that limits the
impact on students compared to tuition paid
in the previous academic year.
new text end

608,597,000

new text begin $
new text end

new text begin 629,249,000
new text end

new text begin $
new text end

new text begin 629,249,000
new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 627,092,000 new text end	new text begin 627,092,000 new text end
new text begin Health Care Access new text end	new text begin 2,157,000 new text end	new text begin 2,157,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

542,653,000

new text begin The Board of Regents of the University of
Minnesota is encouraged to adopt a tuition
growth cap for the 2009-2010 and 2010-2011
academic years that limits the impact on
students compared to tuition paid in the
previous academic year.
new text end

2,157,000

new text begin This appropriation is from the health care
access fund.
new text end

(a) Agriculture and Extension Service

46,406,000

new text begin (1) This appropriation is for the Agricultural
Experiment Station, Minnesota Extension
Service.
new text end

new text begin (2) The Board of Regents of the University
of Minnesota is requested to refrain from
implementing corresponding reductions in
funding for the purposes for which additional
funding is provided.
new text end

(b) new text begin Health Sciences
new text end

4,384,000

new text begin $346,000 each year is to support up to 12
resident physicians each year in the St.
Cloud Hospital family practice residency
program. The program must prepare doctors
to practice primary care medicine in the rural
areas of the state. The legislature intends
this program to improve health care in rural
communities, provide affordable access to
appropriate medical care, and manage the
treatment of patients in a more cost-effective
manner.
new text end

new text begin The remainder of this appropriation is for
the rural physicians associates program, the
Veterinary Diagnostic Laboratory, health
sciences research, dental care, and the
Biomedical Engineering Center.
new text end

1,234,000

new text begin This appropriation is for the Geological
Survey and the talented youth mathematics
program.
new text end

(d) System Specials

5,474,000

new text begin This appropriation is for general research,
student loans matching money, industrial
relations education, Natural Resources
Research Institute, Center for Urban and
Regional Affairs, Bell Museum of Natural
History, and the Humphrey exhibit.
new text end

new text begin This appropriation includes additional
funding each year for industrial relations
education.
new text end

7,115,000

new text begin This appropriation is for the direct and
indirect expenses of the collaborative
research partnership between the University
of Minnesota and the Mayo Foundation
for research in biotechnology and medical
genomics. This appropriation is available
until expended. An annual report on
the expenditure of these funds must be
submitted to the governor and the chairs
of the senate and house of representatives
committees responsible for higher education
and economic development by June 30 of
each fiscal year.
new text end

new text begin The appropriation for Academic Health
Center funding under Minnesota Statutes,
section 297F.10, is $22,250,000 each year.
new text end

new text begin $
new text end

new text begin 1,175,000
new text end

new text begin $
new text end

new text begin 1,226,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

577,000

602,000

new text begin The state must pay a capitation each
year for each student who is a resident
of Minnesota. The appropriation may be
transferred between years of the biennium to
accommodate enrollment fluctuations.
new text end

new text begin It is intended that during the biennium the
Mayo Clinic use the capitation money to
increase the number of doctors practicing in
rural areas in need of doctors.
new text end

598,000

624,000

new text begin The state must pay stipend support for up to
27 residents each year.
new text end

Minnesota Statutes 2008, section 135A.25, subdivision 4, is amended to
read:

(a) For private
postsecondary institutions, the Minnesota Office of Higher Education must develop
educational materials considering the recommendations by the Minnesota Office of Higher
Education and others and at least annually convene and sponsor meetings and workshops
and provide educational strategies for faculty, students, administrators, institutions, and
bookstores to inform all interested parties on strategies for reducing the costs of course
materials for students attending postsecondary institutions.

(b) The Minnesota Office of Higher Education must deleted text begin identify methods to compile and
distribute information on publishers that sell or distribute course material for classroom
use in postsecondary institutions in a manner that meets the requirements and complies
with subdivision 2. The Minnesota Office of Higher Education must also evaluate ways
to make this information available for use by students and faculty in postsecondary
institutions.deleted text end new text begin report to the committees of the legislature responsible for higher education
finance by January 15, 2010, on the implementation of textbook information requirements
under United States Code, title 20, section 1015b, effective July 1, 2010. In preparing
the report, the office must work with representatives of the Student Advisory Council,
Minnesota State Colleges and Universities, the University of Minnesota, and the Private
College Council. At a minimum, the report must include a template that publishers may
use to provide the required information in a consistent format to all Minnesota campuses,
and make recommendations of methods to disseminate pricing information to support
students and faculty in making well informed decisions about course materials.
new text end

Minnesota Statutes 2008, section 136A.08, subdivision 1, is amended to read:

new text begin (a) new text end For the purposes of this section, the new text begin following new text end termsnew text begin
have the meanings given them.
new text end

new text begin (b)new text end "Province" and "provincial" mean the Canadian province of Manitoba.

new text begin (c) new text end new text begin "Resident of this state" means a resident student as defined in section 136A.101,
subdivision 8.
new text end

Minnesota Statutes 2008, section 136A.08, is amended by adding a subdivision
to read:

new text begin A student who does not meet the definition of
resident after residing in Minnesota for 12 months may appeal to the director by providing
documentation on the student's reasons for residing in Minnesota. The director may
grant resident status to the student upon determining the documentation establishes that
postsecondary education was not the student's principle reason for residing in Minnesota.
new text end

Minnesota Statutes 2008, section 136A.127, is amended by adding a
subdivision to read:

new text begin An eligible student
who has completed at least one online course while in high school or in a home-school
setting under section 120A.22 may receive an additional award of up to $150 to be used
in conjunction with the base award described in subdivision 9. The additional award is
available to new applicants for terms of enrollment beginning on or after July 1, 2009,
and must be used during the period described in subdivision 12. The online course must
be offered by a provider certified by the Minnesota Department of Education under
section 124D.095 or by an eligible postsecondary institution as defined under section
136A.101, subdivision 4. If the official high school transcript is not sufficient to document
the completion of the online course, the student may be required to submit further
documentation that the office deems sufficient.
new text end

Minnesota Statutes 2008, section 144.0724, subdivision 2, is amended to
read:

For purposes of this section, the following terms have the
meanings given.

(a) "Assessment reference date" means the last day of the minimum data set
observation period. The date sets the designated endpoint of the common observation
period, and all minimum data set items refer back in time from that point.

(b) "Case mix index" means the weighting factors assigned to the RUG-III
classifications.

(c) "Index maximization" means classifying a resident who could be assigned to
more than one category, to the category with the highest case mix index.

(d) "Minimum data set" means the assessment instrument specified by the Centers for
Medicare and Medicaid Services and designated by the Minnesota Department of Health.

(e) "Representative" means a person who is the resident's guardian or conservator,
the person authorized to pay the nursing home expenses of the resident, a representative
of the nursing home ombudsman's office whose assistance has been requested, or any
other individual designated by the resident.

(f) "Resource utilization groups" or "RUG" means the system for grouping a nursing
facility's residents according to their clinical and functional status identified in data
supplied by the facility's minimum data set.

new text begin (g) "Activities of daily living" means grooming, dressing, bathing, transferring,
mobility, positioning, eating, and toileting.
new text end

new text begin (h) "Nursing facility level of care determination" means the assessment process
that results in a determination of a resident's or prospective resident's need for nursing
facility level of care as established in subdivision 11 for purposes of medical assistance
payment of long-term care services for:
new text end

new text begin (1) nursing facility services under section 256B.434 or 256B.441;
new text end

new text begin (2) elderly waiver services under section 256B.0915;
new text end

new text begin (3) CADI and TBI waiver services under section 256B.49; and
new text end

new text begin (4) state payment of alternative care services under section 256B.0913.
new text end

Minnesota Statutes 2008, section 144.0724, subdivision 4, is amended to read:

(a) A facility must conduct and
electronically submit to the commissioner of health case mix assessments that conform
with the assessment schedule defined by Code of Federal Regulations, title 42, section
483.20, and published by the United States Department of Health and Human Services,
Centers for Medicare and Medicaid Services, in the Long Term Care Assessment
Instrument User's Manual, version 2.0, October 1995, and subsequent clarifications made
in the Long-Term Care Assessment Instrument Questions and Answers, version 2.0,
August 1996. The commissioner of health may substitute successor manuals or question
and answer documents published by the United States Department of Health and Human
Services, Centers for Medicare and Medicaid Services, to replace or supplement the
current version of the manual or document.

(b) The assessments used to determine a case mix classification for reimbursement
include the following:

(1) a new admission assessment must be completed by day 14 following admission;

(2) an annual assessment must be completed within 366 days of the last
comprehensive assessment;

(3) a significant change assessment must be completed within 14 days of the
identification of a significant change; and

(4) the second quarterly assessment following either a new admission assessment,
an annual assessment, or a significant change assessment, and all quarterly assessments
beginning October 1, 2006. Each quarterly assessment must be completed within 92
days of the previous assessment.

new text begin (c) In addition to the assessments listed in paragraph (b), the assessments used to
determine nursing facility level of care include the following:
new text end

new text begin (1) preadmission screening completed under section 256B.0911, subdivision 4a,
by a county, tribe, or managed care organization under contract with the Department
of Human Services; and
new text end

new text begin (2) a face-to-face long-term care consultation assessment completed under section
256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or managed care organization
under contract with the Department of Human Services.
new text end

Minnesota Statutes 2008, section 144.0724, subdivision 8, is amended to read:

(a) The resident,
or resident's representative, or the nursing facility or boarding care home may request that
the commissioner of health reconsider the assigned reimbursement classification. The
request for reconsideration must be submitted in writing to the commissioner within
30 days of the day the resident or the resident's representative receives the resident
classification notice. The request for reconsideration must include the name of the
resident, the name and address of the facility in which the resident resides, the reasons for
the reconsideration, the requested classification changes, and documentation supporting
the requested classification. The documentation accompanying the reconsideration request
is limited to documentation which establishes that the needs of the resident at the time of
the assessment justify a classification which is different than the classification established
by the commissioner of health.

(b) Upon request, the nursing facility must give the resident or the resident's
representative a copy of the assessment form and the other documentation that was given
to the commissioner of health to support the assessment findings. The nursing facility
shall also provide access to and a copy of other information from the resident's record that
has been requested by or on behalf of the resident to support a resident's reconsideration
request. A copy of any requested material must be provided within three working days of
receipt of a written request for the information. If a facility fails to provide the material
within this time, it is subject to the issuance of a correction order and penalty assessment
under sections 144.653 and 144A.10. Notwithstanding those sections, any correction order
issued under this subdivision must require that the nursing facility immediately comply
with the request for information and that as of the date of the issuance of the correction
order, the facility shall forfeit to the state a $100 fine for the first day of noncompliance, and
an increase in the $100 fine by $50 increments for each day the noncompliance continues.

(c) In addition to the information required under paragraphs (a) and (b), a
reconsideration request from a nursing facility must contain the following information: (i)
the date the reimbursement classification notices were received by the facility; (ii) the date
the classification notices were distributed to the resident or the resident's representative;
and (iii) a copy of a notice sent to the resident or to the resident's representative. This
notice must inform the resident or the resident's representative that a reconsideration of the
resident's classification is being requested, the reason for the request, that the resident's
rate will change if the request is approved by the commissioner, the extent of the change,
that copies of the facility's request and supporting documentation are available for review,
and that the resident also has the right to request a reconsideration. If the facility fails to
provide the required information with the reconsideration request, the request must be
denied, and the facility may not make further reconsideration requests on that specific
reimbursement classification.

(d) Reconsideration by the commissioner must be made by individuals not involved
in reviewing the assessment, audit, or reconsideration that established the disputed
classification. The reconsideration must be based upon the initial assessment and upon the
information provided to the commissioner under paragraphs (a) and (b). If necessary for
evaluating the reconsideration request, the commissioner may conduct on-site reviews.
Within 15 working days of receiving the request for reconsideration, the commissioner
shall affirm or modify the original resident classification. The original classification
must be modified if the commissioner determines that the assessment resulting in the
classification did not accurately reflect the needs or assessment characteristics of the
resident at the time of the assessment. The resident and the nursing facility or boarding
care home shall be notified within five working days after the decision is made. A decision
by the commissioner under this subdivision is the final administrative decision of the
agency for the party requesting reconsideration.

(e) The resident classification established by the commissioner shall be the
classification that applies to the resident while the request for reconsideration is pending.new text begin
If a request for reconsideration applies to an assessment used to determine nursing facility
level of care under subdivision 4, paragraph (c), the resident shall continue to be eligible
for nursing facility level of care while the request for reconsideration is pending.
new text end

(f) The commissioner may request additional documentation regarding a
reconsideration necessary to make an accurate reconsideration determination.

Minnesota Statutes 2008, section 144.0724, is amended by adding a subdivision
to read:

new text begin (a) For purposes of medical assistance
payment of long-term care services, a recipient must be determined, using assessments
defined in subdivision 4, to meet one of the following nursing facility level of care criteria:
new text end

new text begin (1) the person needs the assistance of another person or constant supervision to
begin and complete at least four activities of daily living;
new text end

new text begin (2) the person needs the assistance of another person or constant supervision to begin
and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
new text end

new text begin (3) the person has significant difficulty with memory, using information, daily
decision making, or behavioral needs that require intervention;
new text end

new text begin (4) the person has had a previous qualifying nursing facility stay of at least 90
days; or
new text end

new text begin (5) the person is determined to be at risk for nursing facility admission or
readmission through a face-to-face long-term care consultation assessment as specified
in section 256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or managed care
organization under contract with the Department of Human Services. The person is
considered at risk under this clause if the person currently lives alone or will live alone
upon discharge and also meets one of the following criteria:
new text end

new text begin new text end

new text begin (i) the person has experienced a fall resulting in a fracture;
new text end

new text begin (ii) the person has been determined to be at risk of maltreatment or neglect,
including self-neglect; or
new text end

new text begin (iii) the person has a sensory impairment that substantially impacts functional ability
and maintenance of a community residence.
new text end

new text begin (b) The assessment used to establish medical assistance payment for nursing facility
services must be the most recent assessment performed under subdivision 4, paragraph
(b), that occurred no more than 90 calendar days before the effective date of medical
assistance financial eligibility determination. In no case shall medical assistance payment
for long-term care services occur prior to the date of the determination of nursing facility
level of care.
new text end

new text begin (c) The assessment used to establish medical assistance payment for services
provided under sections 256B.0915 and 256B.49 and alternative care payment for services
provided under section 256B.0913 must be the most recent face-to-face assessment
performed under subdivision 4, paragraph (c), clause (2), that occurred no more than 60
calendar days before the effective date of financial eligibility determination.
new text end

Minnesota Statutes 2008, section 144.0724, is amended by adding a subdivision
to read:

new text begin A resident or
prospective resident whose level of care determination results in a denial of long-term care
services can appeal the determination as outlined in section 256B.0911, subdivision 3a,
paragraph (h), clause (7).
new text end

Minnesota Statutes 2008, section 245A.03, is amended by adding a subdivision
to read:

new text begin (a) The commissioner shall not issue an
initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
9555.6265, under this chapter for a physical location that will not be the primary residence
of the license holder for the entire period of licensure. If a license is issued during this
moratorium, and the license holder changes the license holder's primary residence away
from the physical location of the foster care license, the commissioner shall revoke the
license according to section 245A.07. Exceptions to the moratorium include:
new text end

new text begin (1) foster care settings that are required to be registered under chapter 144D;
new text end

new text begin (2) foster care licenses replacing foster care licenses in existence on the effective
date of this section and determined to be needed by the commissioner under paragraph (b);
new text end

new text begin (3) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center;
new text end

new text begin (4) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for persons requiring hospital level of care; or
new text end

new text begin (5) new foster care licenses determined to be needed by the commissioner for the
transition of people from personal care assistance to the home and community-based
services.
new text end

new text begin (b) The commissioner shall determine the need for newly licensed foster care homes
as defined under this subdivision. As part of the determination, the commissioner shall
consider the availability of foster care capacity in the area which the licensee seeks to
operate, and the recommendation of the local county board. The determination by the
commissioner must be final. A determination of need is not required for a change in
ownership at the same address.
new text end

new text begin (c) The commissioner shall study the effects of the license moratorium under this
subdivision and shall report back to the legislature by January 15, 2011.
new text end

new text begin This section is effective the day following final enactment.
new text end

Minnesota Statutes 2008, section 245A.11, is amended by adding a subdivision
to read:

new text begin (a) The commissioner shall
establish provider standards for residential support services that integrate service standards
and the residential setting under one license. The commissioner shall propose statutory
language and an implementation plan for licensing requirements for residential support
services to the legislature by January 15, 2011.
new text end

new text begin (b) Providers licensed under chapter 245B, and providing, contracting, or arranging
for services in settings licensed as adult foster care under Minnesota Rules, parts
9555.5105 to 9555.6265, or child foster care under Minnesota Rules, parts 2960.3000 to
2960.3340; and meeting the provisions of section 256B.092, subdivision 11, paragraph
(b), must be required to obtain a community residential setting license.
new text end

Minnesota Statutes 2008, section 252.43, is amended to read:

The commissioner shall supervise county boards' provision of day training and
habilitation services to adults with developmental disabilities. The commissioner shall:

(1) determine the need for day training and habilitation services under section 252.28;

(2) deleted text begin approve payment rates established by a county under section 252.46, subdivision
1;
deleted text end

deleted text begin (3)deleted text end adopt rules for the administration and provision of day training and habilitation
services under sections 252.40 to 252.46 and sections 245A.01 to 245A.16 and 252.28,
subdivision 2;

deleted text begin (4)deleted text end new text begin (3)new text end enter into interagency agreements necessary to ensure effective coordination
and provision of day training and habilitation services;

deleted text begin (5)deleted text end new text begin (4)new text end monitor and evaluate the costs and effectiveness of day training and
habilitation services; and

deleted text begin (6)deleted text end new text begin (5)new text end provide information and technical help to county boards and vendors in their
administration and provision of day training and habilitation services.

Minnesota Statutes 2008, section 252.46, is amended by adding a subdivision
to read:

new text begin The commissioner shall establish
a statewide rate-setting methodology for all day training and habilitation services. The
rate-setting methodology must abide by the principles of transparency and equitability
across the state. The methodology must involve a uniform process of structuring rates for
each service and must promote quality and participant choice.
new text end

new text begin The Department of Human Services, the Department of Health, and the Office of the
Ombudsman for Mental Health and Developmental Disabilities may establish interagency
agreements governing the electronic exchange of data on providers and individuals
collected, maintained, or used by each agency when such exchange is outlined by each
agency in an interagency agreement to accomplish the purposes in clauses (1) to (4):
new text end

new text begin (1) to improve provider enrollment processes for home and community-based
services and state plan home care services;
new text end

new text begin (2) to improve quality management of providers between state agencies;
new text end

new text begin (3) to establish and maintain provider eligibility to participate as providers under
Minnesota health care programs; and
new text end

new text begin (4) to meet the quality assurance reporting requirements under federal law under
section 1915(c) of the Social Security Act related to home and community-based waiver
programs.
new text end

new text begin Each interagency agreement must include provisions to ensure anonymity of individuals,
including mandated reporters, and must outline the specific uses of and access to shared
data within each agency. Electronic interfaces between source data systems developed
under these interagency agreements must incorporate these provisions as well as other
HIPPA provisions related to individual data.
new text end

Minnesota Statutes 2008, section 256.975, subdivision 7, is amended to read:

(a) The
Minnesota Board on Aging shall operate a statewide information and assistance service
to aid older Minnesotans and their families in making informed choices about long-term
care options and health care benefits. Language services to persons with limited English
language skills may be made available. The service, known as Senior LinkAge Line, must
be available during business hours through a statewide toll-free number and must also
be available through the Internet.

(b) The service must deleted text begin assistdeleted text end new text begin provide long-term care options counseling by assistingnew text end
older adults, caregivers, and providers in accessing information about choices in long-term
care services that are purchased through private providers or available through public
options. The service must:

(1) develop a comprehensive database that includes detailed listings in both
consumer- and provider-oriented formats;

(2) make the database accessible on the Internet and through other telecommunication
and media-related tools;

(3) link callers to interactive long-term care screening tools and make these tools
available through the Internet by integrating the tools with the database;

(4) develop community education materials with a focus on planning for long-term
care and evaluating independent living, housing, and service options;

(5) conduct an outreach campaign to assist older adults and their caregivers in
finding information on the Internet and through other means of communication;

(6) implement a messaging system for overflow callers and respond to these callers
by the next business day;

(7) link callers with county human services and other providers to receive more
in-depth assistance and consultation related to long-term care options;

(8) link callers with quality profiles for nursing facilities and other providers
developed by the commissioner of health; and

(9) incorporate information about housing with services and consumer rights
within the MinnesotaHelp.info network long-term care database to facilitate consumer
comparison of services and costs among housing with services establishments and with
other in-home services and to support financial self-sufficiency as long as possible.
Housing with services establishments and their arranged home care providers shall provide
deleted text begin information to the commissioner of human services that is consistent with information
required by the commissioner of health under section 144G.06, the Uniform Consumer
Information Guidedeleted text end new text begin price and other information requested by the commissioner of human
services regarding rents and services. The commissioners of human services and health
shall align the data elements required by this section, and section 144G.06, the Uniform
Consumer Information Guide, to provide consumers standardized information and ease
of comparison of long-term care optionsnew text end . The commissioner of human services shall
provide the data to the Minnesota Board on Aging for inclusion in the MinnesotaHelp.info
network long-term care database.

(c) The Minnesota Board on Aging shall conduct an evaluation of the effectiveness
of the statewide information and assistance, and submit this evaluation to the legislature
by December 1, 2002. The evaluation must include an analysis of funding adequacy, gaps
in service delivery, continuity in information between the service and identified linkages,
and potential use of private funding to enhance the service.

Minnesota Statutes 2008, section 256B.0625, subdivision 6a, is amended to
read:

Home health services are those services specified
in deleted text begin Minnesota Rules, part 9505.0295deleted text end new text begin sections 256B.0651 and 256B.0653new text end . Medical
assistance covers home health services at a recipient's home residence. Medical assistance
does not cover home health services for residents of a hospital, nursing facility, or
intermediate care facility, unless the commissioner of human services has deleted text begin priordeleted text end authorized
skilled nurse visits for less than 90 days for a resident at an intermediate care facility for
persons with developmental disabilities, to prevent an admission to a hospital or nursing
facility or unless a resident who is otherwise eligible is on leave from the facility and the
facility either pays for the home health services or forgoes the facility per diem for the
leave days that home health services are used. Home health services must be provided by
a Medicare certified home health agency. All nursing and home health aide services must
be provided according to sections 256B.0651 to deleted text begin 256B.0656deleted text end new text begin 256B.0653new text end .

Minnesota Statutes 2008, section 256B.0625, subdivision 7, is amended to
read:

Medical assistance covers private duty nursing
services in a recipient's home. Recipients who are authorized to receive private duty
nursing services in their home may use approved hours outside of the home during hours
when normal life activities take them outside of their home. To use private duty nursing
services at school, the recipient or responsible party must provide written authorization in
the care plan identifying the chosen provider and the daily amount of services to be used at
school. Medical assistance does not cover private duty nursing services for residents of a
hospital, nursing facility, intermediate care facility, or a health care facility licensed by the
commissioner of health, except as authorized in section 256B.64 for ventilator-dependent
recipients in hospitals or unless a resident who is otherwise eligible is on leave from the
facility and the facility either pays for the private duty nursing services or forgoes the
facility per diem for the leave days that private duty nursing services are used. Total hours
of service and payment allowed for services outside the home cannot exceed that which is
otherwise allowed in an in-home setting according to sections 256B.0651 and deleted text begin 256B.0653deleted text end
to 256B.0656. All private duty nursing services must be provided according to
the limits established under sections 256B.0651 and 256B.0653 to 256B.0656. Private
duty nursing services may not be reimbursed if the nurse is the foster care provider of
a recipient who is under age 18.

Minnesota Statutes 2008, section 256B.0625, subdivision 8, is amended to
read:

Medical assistance covers physical therapynew text begin , as
described in section 148.65,new text end and related services, including specialized maintenance
therapy. Services provided by a physical therapy assistant shall be reimbursed at the
same rate as services performed by a physical therapist when the services of the physical
therapy assistant are provided under the direction of a physical therapist who is on the
premises. Services provided by a physical therapy assistant that are provided under the
direction of a physical therapist who is not on the premises shall be reimbursed at 65
percent of the physical therapist rate.

Minnesota Statutes 2008, section 256B.0625, subdivision 8a, is amended to
read:

Medical assistance covers occupational therapynew text begin ,
as described in section 148.6404,new text end and related services, including specialized maintenance
therapy. Services provided by an occupational therapy assistant shall be reimbursed at
the same rate as services performed by an occupational therapist when the services of
the occupational therapy assistant are provided under the direction of the occupational
therapist who is on the premises. Services provided by an occupational therapy assistant
that are provided under the direction of an occupational therapist who is not on the
premises shall be reimbursed at 65 percent of the occupational therapist rate.

Minnesota Statutes 2008, section 256B.0625, subdivision 19a, is amended to
read:

Medical assistance covers personal
care assistant services in a recipient's home. To qualify for personal care assistant services,
new text begin a recipient must require assistance and be determined dependent in two activities of daily
living as defined in section 256B.0659. new text end Recipients or responsible parties must be able
to identify the recipient's needs, direct and evaluate task accomplishment, and provide
for health and safety. Approved hours may be used outside the home when normal life
activities take them outside the home. To use personal care assistant services at school,
the recipient or responsible party must provide written authorization in the care plan
identifying the chosen provider and the daily amount of services to be used at school.
Total hours for services, whether actually performed inside or outside the recipient's
home, cannot exceed that which is otherwise allowed for personal care assistant services
in an in-home setting according to sections 256B.0651 deleted text begin and 256B.0653deleted text end to 256B.0656.
Medical assistance does not cover personal care assistant services for residents of a
hospital, nursing facility, intermediate care facility, health care facility licensed by the
commissioner of health, or unless a resident who is otherwise eligible is on leave from
the facility and the facility either pays for the personal care assistant services or forgoes
the facility per diem for the leave days that personal care assistant services are used.
All personal care assistant services must be provided according to sections 256B.0651
deleted text begin and 256B.0653deleted text end to 256B.0656. Personal care assistant services may not be reimbursed if
the personal care assistant is the spouse or deleted text begin legaldeleted text end new text begin paid new text end guardian of the recipient or the
parent of a recipient under age 18, or the responsible party or the foster care provider
deleted text begin of a recipient who cannot direct the recipient's own care unless, in the case of a foster
care provider, a county or state case manager visits the recipient as needed, but not less
than every six months, to monitor the health and safety of the recipient and to ensure the
goals of the care plan are met. Parents of adult recipients, adult children of the recipient
or adult siblings of the recipient may be reimbursed for personal care assistant services,
if they are granted a waiver under sections 256B.0651 and 256B.0653 to 256B.0656deleted text end .
Notwithstanding the provisions of section deleted text begin 256B.0655, subdivision 2, paragraph (b), clause
(4)deleted text end new text begin 256B.0659new text end , the deleted text begin noncorporate legaldeleted text end new text begin unpaidnew text end guardian or conservator of an adult, who
is not the responsible party and not the personal care provider organization, may be
deleted text begin granted a hardship waiver under sections 256B.0651 and 256B.0653 to 256B.0656, to bedeleted text end
reimbursed to provide personal care assistant services to the recipientnew text begin if the guardian or
conservator meet all criteria for a personal care assistant according to section 256B.0659new text end ,
and shall not be considered to have a service provider interest for purposes of participation
on the screening team under section 256B.092, subdivision 7.

Minnesota Statutes 2008, section 256B.0625, subdivision 19c, is amended to
read:

Medical assistance covers personal care assistant services
provided by an individual who is qualified to provide the services according to subdivision
19a and sections 256B.0651 deleted text begin and 256B.0653deleted text end to 256B.0656, deleted text begin where the services have a
statement of need by a physician,deleted text end provided in accordance with a plan, and deleted text begin aredeleted text end supervised
by deleted text begin the recipient ordeleted text end a qualified professional. deleted text begin The physician's statement of need for personal
care assistant services shall be documented on a form approved by the commissioner and
include the diagnosis or condition of the person that results in a need for personal care
assistant services and be updated when the person's medical condition requires a change,
but at least annually if the need for personal care assistant services is ongoing.
deleted text end

"Qualified professional" means a mental health professional as defined in section 245.462,
subdivision 18, or 245.4871, subdivision 27; or a registered nurse as defined in sections
148.171 to 148.285, or a licensed social worker as defined in section 148B.21. deleted text begin As part
of the assessment, the county public health nurse will assist the recipient or responsible
party to identify the most appropriate person to provide supervision of the personal
care assistant.deleted text end The qualified professional shall perform the duties deleted text begin describeddeleted text end new text begin required new text end in
deleted text begin Minnesota Rules, part 9505.0335, subpart 4deleted text end new text begin section 256B.0659new text end .

Minnesota Statutes 2008, section 256B.0651, is amended to read:

(a) deleted text begin "Activities of daily living" includes eating, toileting,
grooming, dressing, bathing, transferring, mobility, and positioningdeleted text end new text begin For the purposes of
sections 256B.0651 to 256B.0656 and 256B.0659, the terms in paragraphs (b) to (g)
have the meanings givennew text end .

new text begin (b) "Activities of daily living" has the meaning given in section 256B.0659,
subdivision 1, paragraph (b).
new text end

deleted text begin (b)deleted text end new text begin (c)new text end "Assessment" means a review and evaluation of a recipient's need for home
care services conducted in personnew text begin as required in section 256B.0911new text end . deleted text begin Assessments for home
health agency services shall be conducted by a home health agency nurse. Assessments
for medical assistance home care services for developmental disability and alternative care
services for developmentally disabled home and community-based waivered recipients
may be conducted by the county public health nurse to ensure coordination and avoid
duplication. Assessments must be completed on forms provided by the commissioner
within 30 days of a request for home care services by a recipient or responsible party.
deleted text end

deleted text begin (c)deleted text end new text begin (d)new text end "Home care services" deleted text begin means a health service, determined by the commissioner
as medically necessary, that is ordered by a physician and documented in a service plan
that is reviewed by the physician at least once every 60 days for the provision of home
health services, or private duty nursing, or at least once every 365 days for personal care.
Home care services are provided to the recipient at the recipient's residence that is a
place other than a hospital or long-term care facility or as specified in section 256B.0625deleted text end new text begin
means medical assistance covered services that are home health agency services, including
skilled nurse visits; home health aide visits; physical therapy, occupational therapy,
respiratory therapy, and language-speech pathology therapy; private duty nursing; and
personal care assistancenew text end .

new text begin (e) "Home residence" means a residence owned or rented by the recipient either
alone, with roommates of the recipient's choosing, or with an unpaid responsible party
or legal representative; or a family foster home where the license holder lives with the
recipient and is not paid to provide home care services for the recipient.
new text end

deleted text begin (d)deleted text end new text begin (f)new text end "Medically necessary" has the meaning given in Minnesota Rules, parts
9505.0170 to 9505.0475.

deleted text begin (e) "Telehomecare" means the use of telecommunications technology by a home
health care professional to deliver home health care services, within the professional's
scope of practice, to a patient located at a site other than the site where the practitioner
is located.
deleted text end

new text begin (g) "Ventilator-dependent" means an individual who receives mechanical ventilation
for life support at least six hours per day and is expected to be or has been dependent on a
ventilator for at least 30 consecutive days.
new text end

Home care services covered under this section and
sections deleted text begin 256B.0653deleted text end new text begin 256B.0652 new text end to 256B.0656new text begin and 256B.0659new text end include:

(1) nursing services under deleted text begin sectiondeleted text end new text begin sectionsnew text end 256B.0625, subdivision 6anew text begin , and
256B.0653new text end ;

(2) private duty nursing services under deleted text begin sectiondeleted text end new text begin sectionsnew text end 256B.0625, subdivision
7new text begin , and 256B.0654new text end ;

(3) home health services under deleted text begin sectiondeleted text end new text begin sectionsnew text end 256B.0625, subdivision 6anew text begin , and
256B.0653new text end ;

(4) personal care assistant services under deleted text begin sectiondeleted text end new text begin sectionsnew text end 256B.0625, subdivision
19anew text begin , and 256B.0659new text end ;

(5) supervision of personal care assistant services provided by a qualified
professional under deleted text begin sectiondeleted text end new text begin sectionsnew text end 256B.0625, subdivision 19anew text begin , and 256B.0659new text end ;

deleted text begin (6) qualified professional of personal care assistant services under the fiscal
intermediary option as specified in section 256B.0655, subdivision 7;
deleted text end

deleted text begin (7)deleted text end new text begin (6)new text end face-to-face assessments by county public health nurses for services under
deleted text begin sectiondeleted text end new text begin sectionsnew text end 256B.0625, subdivision 19anew text begin , and 256B.0659new text end ; and

deleted text begin (8)deleted text end new text begin (7)new text end service updates and review of temporary increases for personal care assistant
services by the county public health nurse for services under deleted text begin sectiondeleted text end new text begin sectionsnew text end 256B.0625,
subdivision 19anew text begin , and 256B.0659new text end .

The following home care services are
not eligible for payment under medical assistance:

deleted text begin (1) skilled nurse visits for the sole purpose of supervision of the home health aide;
deleted text end

deleted text begin (2) a skilled nursing visit:
deleted text end

deleted text begin (i) only for the purpose of monitoring medication compliance with an established
medication program for a recipient; or
deleted text end

deleted text begin (ii) to administer or assist with medication administration, including injections,
prefilling syringes for injections, or oral medication set-up of an adult recipient, when as
determined and documented by the registered nurse, the need can be met by an available
pharmacy or the recipient is physically and mentally able to self-administer or prefill
a medication;
deleted text end

deleted text begin (3) home care services to a recipient who is eligible for covered services under the
Medicare program or any other insurance held by the recipient;
deleted text end

deleted text begin (4) services to other members of the recipient's household;
deleted text end

deleted text begin (5) a visit made by a skilled nurse solely to train other home health agency workers;
deleted text end

deleted text begin (6) any home care service included in the daily rate of the community-based
residential facility where the recipient is residing;
deleted text end

deleted text begin (7) nursing and rehabilitation therapy services that are reasonably accessible to a
recipient outside the recipient's place of residence, excluding the assessment, counseling
and education, and personal assistant care;
deleted text end

deleted text begin (8) any home health agency service, excluding personal care assistant services and
private duty nursing services, which are performed in a place other than the recipient's
residence; and
deleted text end

deleted text begin (9) Medicare evaluation or administrative nursing visits on dual-eligible recipients
that do not qualify for Medicare visit billing.
deleted text end

new text begin (1) services provided in a nursing facility, hospital, or intermediate care facility with
exceptions in section 256B.0653;
new text end

new text begin (2) services for the sole purpose of monitoring medication compliance with an
established medication program for a recipient;
new text end

new text begin (3) home care services for covered services under the Medicare program or any other
insurance held by the recipient;
new text end

new text begin (4) services to other members of the recipient's household;
new text end

new text begin (5) any home care service included in the daily rate of the community-based
residential facility where the recipient is residing;
new text end

new text begin (6) nursing and rehabilitation therapy services that are reasonably accessible to a
recipient outside the recipient's place of residence, excluding the assessment, counseling
and education, and personal assistance care; or
new text end

new text begin (7) Medicare evaluation or administrative nursing visits on dual-eligible recipients
that do not qualify for Medicare visit billing.
new text end

All home care services above the limits
in subdivision 11 must receive the commissioner's deleted text begin priordeleted text end authorizationnew text begin before services
beginnew text end , except when:

(1) the home care services were required to treat an emergency medical condition
that if not immediately treated could cause a recipient serious physical or mental disability,
continuation of severe pain, or death. The provider must request retroactive authorization
no later than five working days after giving the initial service. The provider must be able
to substantiate the emergency by documentation such as reports, notes, and admission or
discharge histories;

(2) deleted text begin the home care services were provided on or after the date on which the recipient's
eligibility began, but before the date on which the recipient was notified that the case was
opened. Authorization will be considered if the request is submitted by the provider
within 20 working days of the date the recipient was notified that the case was opened;deleted text end new text begin
a recipient's eligibility lapse from medical assistance has been retroactively reinstated
and an authorization for home care services is completed based on the date of a current
assessment, eligibility, and request for authorization;
new text end

(3) a third-party payor for home care services has denied or adjusted a payment.
Authorization requests must be submitted by the provider within 20 working days of the
notice of denial or adjustment. A copy of the notice must be included with the request;

(4) the commissioner has determined that a county or state human services agency
has made an error; or

(5) deleted text begin the professional nurse determines an immediate need for up to 40 skilled nursing
or home health aide visits per calendar year and submits a request for authorization within
20 working days of the initial service date, and medical assistance is determined to be
the appropriate payer.deleted text end new text begin if a recipient enrolled in managed care experiences a temporary
disenrollment from a health plan, the commissioner shall accept the current health plan
authorization for personal care assistance services for up to 60 days. The request must
be received within the first 30 days of the disenrollment. If the recipient's reenrollment
in managed care is after the 60 days and before 90 days, the provider shall request an
additional 30-day extension of the current health plan authorization, for a total limit of
90 days from the time of disenrollment.
new text end

deleted text begin A request for retroactive authorization will be
evaluated according to the same criteria applied to prior authorization requests.
deleted text end

new text begin (a) new text end The commissioner, or the commissioner's
designee, shall review the assessment, deleted text begin service update,deleted text end request for temporary services,
deleted text begin request for flexible use option,deleted text end service plan, and any additional information that is
submitted. The commissioner shall, within 30 days after receiving a complete request,
assessment, and service plan, authorize home care services as deleted text begin follows:deleted text end new text begin provided in this
section.
new text end

deleted text begin (a) Home health services.deleted text end new text begin (b) new text end deleted text begin Alldeleted text end Home health services deleted text begin provided by a home health
aidedeleted text end new text begin including skilled nurse visits and home health aide visitsnew text end must be deleted text begin priordeleted text end authorized
by the commissioner or the commissioner's designee. deleted text begin Prior deleted text end Authorization must be based
on medical necessity and cost-effectiveness when compared with other care options.
new text begin The commissioner must receive the request for authorization of skilled nurse visits and
home health aide visits within 20 working days of the start of service. new text end When home health
services are used in combination with personal care and private duty nursing, the cost of
all home care services shall be considered for cost-effectiveness. deleted text begin The commissioner shall
limit home health aide visits to no more than one visit each per day. The commissioner, or
the commissioner's designee, may authorize up to two skilled nurse visits per day.
deleted text end

deleted text begin (b) Ventilator-dependent recipients.deleted text end new text begin (c) new text end If the recipient is ventilator-dependent, the
monthly medical assistance authorization for home care services shall not exceed what the
commissioner would pay for care at the highest cost hospital designated as a long-term
hospital under the Medicare program. For purposes of this paragraph, home care services
means all new text begin direct care new text end services provided in the home that would be included in the payment
for care at the long-term hospital. deleted text begin "Ventilator-dependent" means an individual who
receives mechanical ventilation for life support at least six hours per day and is expected
to be or has been dependent for at least 30 consecutive days.deleted text end new text begin Recipients who meet the
definition of ventilator dependent and the EN home care rating and utilize a combination
of home care services are limited up to a total of 24 hours of home care services per day.
Additional hours may be authorized when a recipient's assessment indicates a need for two
staff to perform activities. Additional time is limited to four hours per day.
new text end

new text begin (a) new text end The commissioner or the
commissioner's designee shall determine the time period for which deleted text begin a priordeleted text end new text begin annew text end authorization
shall be effective deleted text begin and, if flexible use has been requested, whether to allow the flexible use
optiondeleted text end . If the recipient continues to require home care services beyond the duration of
the deleted text begin priordeleted text end authorization, the home care provider must request a new deleted text begin priordeleted text end authorization.
A personal care provider agency must request a new personal care assistant services
assessment, or service update if allowed, at least 60 days prior to the end of the current
deleted text begin priordeleted text end authorization time period. The request for the assessment must be made on a form
approved by the commissioner. deleted text begin Under no circumstances, other than the exceptions
in subdivision 4, shall a priordeleted text end new text begin Annew text end authorization new text begin must new text end be valid deleted text begin prior to the date the
commissioner receives the request ordeleted text end for new text begin no new text end more than 12 months.

new text begin (b)new text end A recipient who appeals a reduction in previously authorized home care
services may continue previously authorized services, other than temporary services
under subdivision 8, pending an appeal under section 256.045. The commissioner must
provide a detailed explanation of why the authorized services are reduceddeleted text begin in amount from
those requested by the home care providerdeleted text end .

The agency nurse,
deleted text begin thedeleted text end independently enrolled private duty nurse, or county public health nurse may request
a temporary authorization for home care services deleted text begin by telephonedeleted text end . The commissioner may
approve a temporary level of home care services based on the assessment, and service
or care plan information, and primary payer coverage determination information as
required. Authorization for a temporary level of home care services including nurse
supervision is limited to the time specified by the commissioner, but shall not exceed
45 daysdeleted text begin , unless extended because the county public health nurse has not completed the
required assessment and service plan, or the commissioner's determination has not been
madedeleted text end . The level of services authorized under this provision shall have no bearing on a
future deleted text begin priordeleted text end authorization.

new text begin (a) new text end Home care services
provided in an adult or child foster care setting must receive deleted text begin priordeleted text end authorization by the
deleted text begin departmentdeleted text end new text begin commissionernew text end according to the limits established in subdivision 11.

new text begin (b) new text end The commissioner may not authorize:

(1) home care services that are the responsibility of the foster care provider under
the terms of the foster care placement agreement and administrative rules;

(2) personal care assistant services when the foster care license holder is also
the personal care provider or personal care assistant deleted text begin unless the recipient can direct the
recipient's own care, or case management is provided as required in section 256B.0625,
subdivision 19adeleted text end ;new text begin or
new text end

deleted text begin (3) personal care assistant services when the responsible party is an employee of, or
under contract with, or has any direct or indirect financial relationship with the personal
care provider or personal care assistant, unless case management is provided as required
in section 256B.0625, subdivision 19a; or
deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end personal care assistant and private duty nursing services when the deleted text begin numberdeleted text end
deleted text begin of foster care residentsdeleted text end new text begin licensed capacitynew text end is greater than four deleted text begin unless the county responsible
for the recipient's foster placement made the placement prior to April 1, 1992, requests
that personal care assistant and private duty nursing services be provided, and case
management is provided as required in section 256B.0625, subdivision 19adeleted text end .

deleted text begin Medical assistance payments for home care
services shall be limited according to subdivisions 4 to 12 and sections 256B.0654,
subdivision 2, and 256B.0655, subdivisions 3 and 4.
deleted text end

A recipient may receive
the following home care services during a calendar year:

(1) up to two face-to-face assessments to determine a recipient's need for personal
care assistant services;

(2) one service update done to determine a recipient's need for personal care assistant
services; and

(3) up to nine new text begin face-to-face new text end skilled nurse visits.

The commissioner or the
commissioner's designee shall determine the medical necessity of home care services, the
level of caregiver according to subdivision 2, and the institutional comparison according to
subdivisions 4 to 12 and sections 256B.0654, subdivision 2, and deleted text begin 256B.0655, subdivisions
3 and 4deleted text end new text begin 256B.0659new text end , the cost-effectiveness of services, and the amount, scope, and duration
of home care services reimbursable by medical assistance, based on the assessment,
primary payer coverage determination information as required, the service plan, the
recipient's age, the cost of services, the recipient's medical condition, and diagnosis or
disability. The commissioner may publish additional criteria for determining medical
necessity according to section 256B.04.

The commissioner shall seek
monetary recovery from providers of payments made for services which exceed the limits
established in this section and sections 256B.0653 to 256B.0656. This subdivision does
not apply to services provided to a recipient at the previously authorized level pending an
appeal under section 256.045, subdivision 10.

new text begin Home care providers that
do not participate in or accept Medicare assignment must refer and document the referral
of dual-eligible recipients to Medicare providers when Medicare is determined to be the
appropriate payer for services and supplies and equipment. Providers must be terminated
from participation in the medical assistance program for failure to make these referrals.
new text end

new text begin The commissioner shall
maintain processes for monitoring ongoing program integrity including provider standards
and training, consumer surveys, and random reviews of documentation.
new text end

new text begin The commissioner shall establish
an ongoing quality assurance process for home care services. The commissioner has
the authority to request proof of documentation of meeting provider standards, quality
standards of care, correct billing practices, and other information. Failure to provide access
and information to demonstrate compliance with laws, rules, or policies must result in
suspension, denial, or termination of the provider agency's enrollment with the department.
new text end

Minnesota Statutes 2008, section 256B.0652, is amended to read:

The commissioner shall supervise the
coordination of the deleted text begin priordeleted text end authorization and review of home care services that are
reimbursed by medical assistance.

(a) The commissioner may contract with or employ deleted text begin qualified
registered nurses anddeleted text end necessary deleted text begin supportdeleted text end staff, or contract with qualified agencies, to
provide home care deleted text begin priordeleted text end authorization and review services for medical assistance
recipients who are receiving home care services.

(b) Reimbursement for the deleted text begin priordeleted text end authorization function shall be made through the
medical assistance administrative authority. The state shall pay the nonfederal share.
The functions will be to:

(1) assess the recipient's individual need for services required to be cared for safely
in the community;

(2) ensure that a deleted text begin servicedeleted text end new text begin carenew text end plan that meets the recipient's needs is developed
by the appropriate agency or individual;

(3) ensure cost-effectiveness new text begin and nonduplication new text end of medical assistance home care
services;

(4) recommend the approval or denial of the use of medical assistance funds to pay
for home care services;

(5) reassess the recipient's need for and level of home care services at a frequency
determined by the commissioner; and

(6) conduct on-site assessments when determined necessary by the commissioner
and recommend changes to care plans that will provide more efficient and appropriate
home care.

(1) review new text begin care new text end service plans and reimbursement data for utilization of services that
exceed community-based standards for home care, inappropriate home care services,
medical necessity, home care services that do not meet quality of care standards, or
unauthorized services and make appropriate referrals within the department or to other
appropriate entities based on the findings;

(2) assist the recipient in obtaining services necessary to allow the recipient to
remain safely in or return to the community;

(3) coordinate home care services with other medical assistance services under
section 256B.0625;

(4) assist the recipient with problems related to the provision of home care services;

(5) assure the quality of home care services; and

(6) assure that all liable third-party payers includingnew text begin , but not limited to,new text end Medicare
have been used prior to medical assistance for home care servicesdeleted text begin , including but not
limited to, home health agency, elected hospice benefit, waivered services, alternative care
program services, and personal care servicesdeleted text end .

(d) For the purposes of this section, "home care services" means medical assistance
services defined under section 256B.0625, subdivisions 6a, 7, and 19a.

deleted text begin Effective January 1,
1996,deleted text end For purposes of providing informed choice, coordinating of local planning decisions,
and streamlining administrative requirements, the assessment and deleted text begin priordeleted text end authorization
process for persons receiving both home care and home and community-based waivered
services for persons with developmental disabilities shall meet the requirements of
sections 256B.0651 and 256B.0653 to 256B.0656 with the following exceptions:

(a) Upon request for home care services and subsequent assessment by the public
health nurse under sections 256B.0651 and 256B.0653 to 256B.0656, the public health
nurse shall participate in the screening process, as appropriate, and, if home care
services are determined to be necessary, participate in the development of a service plan
coordinating the need for home care and home and community-based waivered services
with the assigned county case manager, the recipient of services, and the recipient's legal
representative, if any.

(b) The public health nurse shall give deleted text begin priordeleted text end authorization for home care services
to the extent that home care services are:

(1) medically necessary;

(2) chosen by the recipient and their legal representative, if any, from the array of
home care and home and community-based waivered services available;

(3) coordinated with other services to be received by the recipient as described
in the service plan; and

(4) provided within the county's reimbursement limits for home care and home and
community-based waivered services for persons with developmental disabilities.

(c) If the public health agency is or may be the provider of home care services to the
recipient, the public health agency shall provide the commissioner of human services with
a written plan that specifies how the assessment and deleted text begin priordeleted text end authorization process will be
held separate and distinct from the provision of services.

Minnesota Statutes 2008, section 256B.0653, is amended to read:

deleted text begin "Skilled nurse visits" are
provided in a recipient's residence under a plan of care or service plan that specifies a level
of care which the nurse is qualified to provide. These services are:
deleted text end

deleted text begin (1) nursing services according to the written plan of care or service plan and accepted
standards of medical and nursing practice in accordance with chapter 148;
deleted text end

deleted text begin (2) services which due to the recipient's medical condition may only be safely and
effectively provided by a registered nurse or a licensed practical nurse;
deleted text end

deleted text begin (3) assessments performed only by a registered nurse; and
deleted text end

deleted text begin (4) teaching and training the recipient, the recipient's family, or other caregivers
requiring the skills of a registered nurse or licensed practical nurse. deleted text end new text begin This section applies to
home health agency services including, home health aide, skilled nursing visits, physical
therapy, occupational therapy, respiratory therapy, and speech language pathology therapy.
new text end

deleted text begin Medical assistance
covers skilled nurse visits according to section 256B.0625, subdivision 6a, provided via
telehomecare, for services which do not require hands-on care between the home care
nurse and recipient. The provision of telehomecare must be made via live, two-way
interactive audiovisual technology and may be augmented by utilizing store-and-forward
technologies. Store-and-forward technology includes telehomecare services that do not
occur in real time via synchronous transmissions, and that do not require a face-to-face
encounter with the recipient for all or any part of any such telehomecare visit. Individually
identifiable patient data obtained through real-time or store-and-forward technology must
be maintained as health records according to sections 144.291 to 144.298. If the video
is used for research, training, or other purposes unrelated to the care of the patient, the
identity of the patient must be concealed. A communication between the home care nurse
and recipient that consists solely of a telephone conversation, facsimile, electronic mail, or
a consultation between two health care practitioners, is not to be considered a telehomecare
visit. Multiple daily skilled nurse visits provided via telehomecare are allowed. Coverage
of telehomecare is limited to two visits per day. All skilled nurse visits provided via
telehomecare must be prior authorized by the commissioner or the commissioner's
designee and will be covered at the same allowable rate as skilled nurse visits provided
in-person. deleted text end new text begin For the purposes of this section, the following terms have the meanings given.
new text end

new text begin (a) "Assessment" means an evaluation of the recipient's medical need for home
health agency services by a registered nurse or appropriate therapist that is conducted
within 30 days of a request and as specified Code of Federal Regulations, title 42, section
484.1 to 494.55.
new text end

new text begin (b) "Home care therapies" means occupational, physical, and respiratory therapy
and speech-language pathology services provided in the home by a Medicare certified
home health agency.
new text end

new text begin (c) "Home health agency services" means services delivered in the recipient's home
residence, except as specified in section 256B.0625, by a home health agency to a recipient
with medical needs due to illness, disability, or physical conditions.
new text end

new text begin (d) "Home health aide" means an employee of a home health agency who meets
the requirements of Code of Federal Regulations, title 42, sections 484.1 to 494.55, and
completes medically oriented tasks written in the plan of care for a recipient.
new text end

new text begin (e) "Home health agency" means a home care provider agency who is
Medicare-certified satisfying the requirements of Code of Federal Regulations, title 42,
sections 484.1 to 494.55.
new text end

new text begin (f) "Occupational therapy services" mean the services defined in section 148.6402.
new text end

new text begin (g) "Physical therapy services" mean the services defined in section 148.65.
new text end

new text begin (h) "Respiratory therapy services" mean the services defined in chapter 147C and
Minnesota Rules, part 4668.0003, subpart 37.
new text end

new text begin (i) "Speech-language pathology services" mean the services defined in section
148.512.
new text end

new text begin (j) "Skilled nurse visit" means a professional nursing visit to complete nursing tasks
required due to a recipient's medical condition that can only be safely provided by a
professional nurse to restore and maintain optimal health.
new text end

new text begin (k) "Store-and-forward technology" means telehomecare services that do not occur
in real time via synchronous transmissions such as diabetic and vital sign monitoring.
new text end

new text begin (l) "Telehomecare" means the use of telecommunications technology via
live, two-way interactive audiovisual technology which may be augmented by
store-and-forward technology.
new text end

new text begin (m) "Telehomecare skilled nurse visit" means a visit by a professional nurse to
deliver a skilled nurse visit to a recipient located at a site other than the site where the
nurse is located and is used in combination with face-to-face skilled nurse visits to
adequately meet the recipient's needs.
new text end

deleted text begin (a) Medical assistance covers physical therapy and related services, including specialized
maintenance therapy. Services provided by a physical therapy assistant shall be
reimbursed at the same rate as services performed by a physical therapist when the
services of the physical therapy assistant are provided under the direction of a physical
therapist who is on the premises. Services provided by a physical therapy assistant that are
provided under the direction of a physical therapist who is not on the premises shall be
reimbursed at 65 percent of the physical therapist rate. Direction of the physical therapy
assistant must be provided by the physical therapist as described in Minnesota Rules, part
9505.0390, subpart 1, item B. The physical therapist and physical therapist assistant may
not both bill for services provided to a recipient on the same day.
deleted text end

deleted text begin (b) Medical assistance covers occupational therapy and related services, including
specialized maintenance therapy. Services provided by an occupational therapy assistant
shall be reimbursed at the same rate as services performed by an occupational therapist
when the services of the occupational therapy assistant are provided under the direction of
the occupational therapist who is on the premises. Services provided by an occupational
therapy assistant under the direction of an occupational therapist who is not on the
premises shall be reimbursed at 65 percent of the occupational therapist rate. Direction
of the occupational therapy assistant must be provided by the occupational therapist as
described in Minnesota Rules, part 9505.0390, subpart 1, item B. The occupational
therapist and occupational therapist assistant may not both bill for services provided
to a recipient on the same day.
deleted text end

new text begin (a) Home health aide visits must be provided by a certified home health aide
using a written plan of care that is updated in compliance with Medicare regulations.
A home health aide shall provide hands-on personal care, perform simple procedures
as an extension of therapy or nursing services, and assist in instrumental activities of
daily living as defined in section 256B.0659. Home health aide visits must be provided
in the recipient's home.
new text end

new text begin (b) All home health aide visits must have authorization under section 256B.0652.
The commissioner shall limit home health aide visits to no more than one visit per day
per recipient.
new text end

new text begin (c) Home health aides must be supervised by a registered nurse or an appropriate
therapist when providing services that are an extension of therapy.
new text end

new text begin (a) Skilled nurse visit services must be
provided by a registered nurse or a licensed practical nurse under the supervision of a
registered nurse, according to the written plan of care and accepted standards of medical
and nursing practice according to chapter 148. Skilled nurse visit services must be ordered
by a physician and documented in a plan of care that is reviewed and approved by the
ordering physician at least once every 60 days. All skilled nurse visits must be medically
necessary and provided in the recipient's home residence except as allowed under section
256B.0625, subdivision 6a.
new text end

new text begin (b) Skilled nurse visits include face-to-face and telehomecare visits with a limit of
up to two visits per day per recipient. All visits must be based on assessed needs.
new text end

new text begin (c) Telehomecare skilled nurse visits are allowed when the recipient's health status
can be accurately measured and assessed without a need for a face-to-face, hands-on
encounter. All telehomecare skilled nurse visits must have authorization and are paid at
the same allowable rates as face-to-face skilled nurse visits.
new text end

new text begin (d) The provision of telehomecare must be made via live, two-way interactive
audiovisual technology and may be augmented by utilizing store-and-forward
technologies. Individually identifiable patient data obtained through real-time or
store-and-forward technology must be maintained as health records according to sections
144.291 to 144.298. If the video is used for research, training, or other purposes unrelated
to the care of the patient, the identity of the patient must be concealed.
new text end

new text begin (e) Authorization for skilled nurse visits must be completed under section
256B.0652. A total of nine face-to-face skilled nurses visits per calendar year do not
require authorization. All telehomecare skilled nurse visits require authorization.
new text end

new text begin (a) Home care therapies include the following:
physical therapy, occupational therapy, respiratory therapy, and speech and language
pathology therapy services.
new text end

new text begin (b) Home care therapies must be:
new text end

new text begin (1) provided in the recipient's residence after it has been determined the recipient is
unable to access outpatient therapy;
new text end

new text begin (2) prescribed, ordered, or referred by a physician and documented in a plan of care
and reviewed, according to Minnesota Rules, part 9505.0390;
new text end

new text begin (3) assessed by an appropriate therapist; and
new text end

new text begin (4) provided by a Medicare-certified home health agency enrolled as a Medicaid
provider agency.
new text end

new text begin (c) Restorative and specialized maintenance therapies must be provided according to
Minnesota Rules, part 9505.0390. Physical and occupational therapy assistants may be
used as allowed under Minnesota Rules, part 9505.0390, subpart 1, item B.
new text end

new text begin (d) For both physical and occupational therapies, the therapist and the therapist's
assistant may not both bill for services provided to a recipient on the same day.
new text end

new text begin The following are not eligible
for payment under medical assistance as a home health agency service:
new text end

new text begin (1) telehomecare skilled nurses services that is communication between the home
care nurse and recipient that consists solely of a telephone conversation, facsimile,
electronic mail, or a consultation between two health care practitioners;
new text end

new text begin (2) the following skilled nurse visits:
new text end

new text begin (i) for the purpose of monitoring medication compliance with an established
medication program for a recipient;
new text end

new text begin (ii) administering or assisting with medication administration, including injections,
prefilling syringes for injections, or oral medication setup of an adult recipient, when,
as determined and documented by the registered nurse, the need can be met by an
available pharmacy or the recipient or a family member is physically and mentally able
to self-administer or prefill a medication;
new text end

new text begin (iii) services done for the sole purpose of supervision of the home health aide or
personal care assistant;
new text end

new text begin (iv) services done for the sole purpose to train other home health agency workers;
new text end

new text begin (v) services done for the sole purpose of blood samples or lab draw or Synagis
injections when the recipient is able to access these services outside the home; and
new text end

new text begin (vi) Medicare evaluation or administrative nursing visits required by Medicare;
new text end

new text begin (3) home health aide visits when the following activities are the sole purpose for the
visit: companionship, socialization, household tasks, transportation, and education; and
new text end

new text begin (4) home care therapies provided in other settings such as a clinic, day program, or as
an inpatient or when the recipient can access therapy outside of the recipient's residence.
new text end

Minnesota Statutes 2008, section 256B.0654, is amended to read:

deleted text begin (a) "Assessment" means a review and evaluation of a
recipient's need for home care services conducted in person. Assessments for private duty
nursing shall be conducted by a registered private duty nurse. Assessments for medical
assistance home care services for developmental disabilities and alternative care services
for developmentally disabled home and community-based waivered recipients may be
conducted by the county public health nurse to ensure coordination and avoid duplication.
deleted text end

deleted text begin (b)deleted text end new text begin (a)new text end "Complex deleted text begin and regulardeleted text end private duty nursing care" meansdeleted text begin :
deleted text end

deleted text begin (1) complex care is private dutydeleted text end nursingnew text begin servicesnew text end provided to recipients who are
ventilator dependent or for whom a physician has certified that deleted text begin were it not for private
duty nursingdeleted text end the recipient deleted text begin would meetdeleted text end new text begin meetsnew text end the criteria for inpatient hospital intensive
care unit (ICU) level of caredeleted text begin ; and
deleted text end

deleted text begin (2) regular care is private duty nursing provided to all other recipientsdeleted text end .

new text begin (b) "Private duty nursing" means ongoing professional nursing services by a
registered or licensed practical nurse including assessment, professional nursing tasks, and
education, based on an assessment and physician orders to maintain or restore optimal
health of the recipient.
new text end

new text begin (c) "Private duty nursing agency" means a medical assistance enrolled provider
licensed under chapter 144A to provide private duty nursing services.
new text end

new text begin (d) "Regular private duty nursing" means nursing services provided to a recipient
who is considered stable and not at an inpatient hospital intensive care unit level of care,
but may have episodes of instability that are not life threatening.
new text end

new text begin (e) "Shared private duty nursing" means the provision of nursing services by a
private duty nurse to two recipients at the same time and in the same setting.
new text end

(a) All private duty
nursing services shall be deleted text begin priordeleted text end authorized by the commissioner or the commissioner's
designee. deleted text begin Priordeleted text end Authorization for private duty nursing services shall be based on
medical necessity and cost-effectiveness when compared with alternative care options.
The commissioner may authorize medically necessary private duty nursing services in
quarter-hour units when:

(1) the recipient requires more individual and continuous care than can be provided
during a new text begin skilled new text end nurse visit; or

(2) the cares are outside of the scope of services that can be provided by a home
health aide or personal care assistant.

(b) The commissioner may authorize:

(1) up to two times the average amount of direct care hours provided in nursing
facilities statewide for case mix classification "K" as established by the annual cost report
submitted to the department by nursing facilities in May 1992;

(2) private duty nursing in combination with other home care services up to the total
cost allowed under section 256B.0655, subdivision 4;

(3) up to 16 hours per day if the recipient requires more nursing than the maximum
number of direct care hours as established in clause (1) and the recipient meets the hospital
admission criteria established under Minnesota Rules, parts 9505.0501 to 9505.0540.

(c) The commissioner may authorize up to 16 hours per day of medically necessary
private duty nursing services or up to 24 hours per day of medically necessary private duty
nursing services until such time as the commissioner is able to make a determination of
eligibility for recipients who are cooperatively applying for home care services under
the community alternative care program developed under section 256B.49, or until it is
determined by the appropriate regulatory agency that a health benefit plan is or is not
required to pay for appropriate medically necessary health care services. Recipients
or their representatives must cooperatively assist the commissioner in obtaining this
determination. Recipients who are eligible for the community alternative care program
may not receive more hours of nursing under this section and sections 256B.0651,
256B.0653, deleted text begin 256B.0655, anddeleted text end 256B.0656new text begin , and 256B.0659new text end than would otherwise be
authorized under section 256B.49.

new text begin (a) Private duty nursing services must
be used:
new text end

new text begin (1) in the recipient's home or outside the home when normal life activities require;
new text end

new text begin (2) when the recipient requires more individual and continuous care than can be
provided during a skilled nurse visit; and
new text end

new text begin (3) when the care required is outside of the scope of services that can be provided by
a home health aide or personal care assistant.
new text end

new text begin (b) Private duty nursing services must be:
new text end

new text begin (1) assessed by a registered nurse on a form approved by the commissioner;
new text end

new text begin (2) ordered by a physician and documented in a plan of care that is reviewed by the
physician at least once every 60 days; and
new text end

new text begin (3) authorized by the commissioner under section 256B.0652.
new text end

new text begin Private duty nursing
services do not cover the following:
new text end

new text begin (1) nursing services by a nurse who is the foster care provider of a person who
has not reached 18 years of age;
new text end

new text begin (2) nursing services to more than two persons receiving shared private duty nursing
services from a private duty nurse in a single setting; and
new text end

new text begin (3) nursing services provided by a registered nurse or licensed practical nurse who is
the recipient's legal guardian or related to the recipient as spouse, parent, or child whether
by blood, marriage, or adoption except as specified in section 256B.0652, subdivision 4.
new text end

(a) Medical assistance
payments for shared private duty nursing services by a private duty nurse shall be limited
according to this subdivision. deleted text begin For the purposes of this section and sections 256B.0651,
256B.0653, 256B.0655, and 256B.0656, "private duty nursing agency" means an agency
licensed under chapter 144A to provide private duty nursing services.deleted text end new text begin Unless otherwise
provided in this subdivision, all other statutory and regulatory provisions relating to
private duty nursing services apply to shared private duty nursing services. Nothing in
this subdivision shall be construed to reduce the total number of private duty nursing
hours authorized for an individual recipient.
new text end

deleted text begin (b) Recipients of private duty nursing services may share nursing staff and the
commissioner shall provide a rate methodology for shared private duty nursing. For two
persons sharing nursing care, the rate paid to a provider shall not exceed 1.5 times the
regular private duty nursing rates paid for serving a single individual by a registered nurse
or licensed practical nurse. These rates apply only to situations in which both recipients
are present and receive shared private duty nursing care on the date for which the service
is billed. No more than two persons may receive shared private duty nursing services
from a private duty nurse in a single setting.
deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end Shared private duty nursing deleted text begin caredeleted text end is the provision of nursing services by a
private duty nurse to twonew text begin medical assistance eligiblenew text end recipients at the same time and in
the same setting.new text begin This subdivision does not apply when a private duty nurse is caring for
multiple recipients in more than one setting.
new text end

new text begin (c)new text end For the purposes of this subdivision, "setting" means:

(1) the homenew text begin residencenew text end or foster care home of one of the individual recipientsnew text begin as
defined in section 256B.0651new text end ; deleted text begin or
deleted text end

(2) a child care program licensed under chapter 245A or operated by a local school
district or private school; deleted text begin or
deleted text end

(3) an adult day care service licensed under chapter 245A; or

(4) outside the home new text begin residence new text end or foster care home of one of the recipients when
normal life activities take the recipients outside the home.

deleted text begin This subdivision does not apply when a private duty nurse is caring for multiple
recipients in more than one setting.
deleted text end

new text begin (d) The private duty nursing agency must offer the recipient the option of shared or
one-on-one private duty nursing services. The recipient may withdraw from participating
in a shared service arrangement at any time.
new text end

deleted text begin (d)deleted text end new text begin (e)new text end The recipient or the recipient's legal representative, and the recipient's
physician, in conjunction with the deleted text begin home health caredeleted text end new text begin private duty nursingnew text end agency, shall
determine:

(1) whether shared private duty nursing care is an appropriate option based on the
individual needs and preferences of the recipient; and

(2) the amount of shared private duty nursing services authorized as part of the
overall authorization of nursing services.

deleted text begin (e)deleted text end new text begin (f)new text end The recipient or the recipient's legal representative, in conjunction with the
private duty nursing agency, shall approve the setting, grouping, and arrangement of
shared private duty nursing care based on the individual needs and preferences of the
recipients. Decisions on the selection of recipients to share services must be based on the
ages of the recipients, compatibility, and coordination of their care needs.

deleted text begin (f)deleted text end new text begin (g)new text end The following items must be considered by the recipient or the recipient's
legal representative and the private duty nursing agency, and documented in the recipient's
health service record:

(1) the additional training needed by the private duty nurse to provide care to
two recipients in the same setting and to ensure that the needs of the recipients are met
appropriately and safely;

(2) the setting in which the shared private duty nursing care will be provided;

(3) the ongoing monitoring and evaluation of the effectiveness and appropriateness
of the service and process used to make changes in service or setting;

(4) a contingency plan which accounts for absence of the recipient in a shared private
duty nursing setting due to illness or other circumstances;

(5) staffing backup contingencies in the event of employee illness or absence; and

(6) arrangements for additional assistance to respond to urgent or emergency care
needs of the recipients.

deleted text begin (g) The provider must offer the recipient or responsible party the option of shared or
one-on-one private duty nursing services. The recipient or responsible party can withdraw
from participating in a shared service arrangement at any time.
deleted text end

(h) deleted text begin The private duty nursing agency must document the following in the
health service record for each individual recipient sharing private duty nursing caredeleted text end new text begin
The documentation for shared private duty nursing must be on a form approved by
the commissioner for each individual recipient sharing private duty nursing. The
documentation must be part of the recipient's health service record and includenew text end :

(1) permission by the recipient or the recipient's legal representative for the
maximum number of shared nursing deleted text begin caredeleted text end hours per week chosen by the recipientnew text begin and
permission for shared private duty nursing services provided in and outside the recipient's
home residencenew text end ;

deleted text begin (2) permission by the recipient or the recipient's legal representative for shared
private duty nursing services provided outside the recipient's residence;
deleted text end

deleted text begin (3) permission by the recipient or the recipient's legal representative for others to
receive shared private duty nursing services in the recipient's residence;
deleted text end

deleted text begin (4)deleted text end new text begin (2)new text end revocation by the recipient or the recipient's legal representative deleted text begin ofdeleted text end new text begin fornew text end the
shared private duty nursing deleted text begin care authorization, or the shared care to be provided to others in
the recipient's residence, or the shared private duty nursing services to be provided outsidedeleted text end new text begin
permission, or services provided to others in and outsidenew text end the recipient's residence; and

deleted text begin (5)deleted text end new text begin (3)new text end daily documentation of the shared private duty nursing services provided by
each identified private duty nurse, including:

(i) the names of each recipient receiving shared private duty nursing services
deleted text begin togetherdeleted text end ;

(ii) the setting for the shared services, including the starting and ending times that
the recipient received shared private duty nursing care; and

(iii) notes by the private duty nurse regarding changes in the recipient's condition,
problems that may arise from the sharing of private duty nursing services, and scheduling
and care issues.

deleted text begin (i) Unless otherwise provided in this subdivision, all other statutory and regulatory
provisions relating to private duty nursing services apply to shared private duty nursing
services.
deleted text end

deleted text begin Nothing in this subdivision shall be construed to reduce the total number of private
duty nursing hours authorized for an individual recipient under subdivision 2.
deleted text end

new text begin (i) The commissioner shall provide a rate methodology for shared private duty
nursing. For two persons sharing nursing care, the rate paid to a provider must not exceed
1.5 times the regular private duty nursing rates paid for serving a single individual by a
registered nurse or licensed practical nurse. These rates apply only to situations in which
both recipients are present and receive shared private duty nursing care on the date for
which the service is billed.
new text end

(a) Payment is allowed for
extraordinary services that require specialized nursing skills and are provided by parents
of minor children, spouses, and legal guardians who are providing private duty nursing
care under the following conditions:

(1) the provision of these services is not legally required of the parents, spouses,
or legal guardians;

(2) the services are necessary to prevent hospitalization of the recipient; and

(3) the recipient is eligible for state plan home care or a home and community-based
waiver and one of the following hardship criteria are met:

(i) the parent, spouse, or legal guardian resigns from a part-time or full-time job to
provide nursing care for the recipient; deleted text begin or
deleted text end

(ii) the parent, spouse, or legal guardian goes from a full-time to a part-time job with
less compensation to provide nursing care for the recipient; deleted text begin or
deleted text end

(iii) the parent, spouse, or legal guardian takes a leave of absence without pay to
provide nursing care for the recipient; or

(iv) because of labor conditions, special language needs, or intermittent hours of
care needed, the parent, spouse, or legal guardian is needed in order to provide adequate
private duty nursing services to meet the medical needs of the recipient.

(b) Private duty nursing may be provided by a parent, spouse, or legal guardian who
is a nurse licensed in Minnesota. Private duty nursing services provided by a parent,
spouse, or legal guardian cannot be used in lieu of nursing services covered and available
under liable third-party payors, including Medicare. The private duty nursing provided
by a parent, spouse, or legal guardian must be included in the service plan. Authorized
deleted text begin skilleddeleted text end nursing servicesnew text begin for a single recipient or recipients with the same residence andnew text end
provided by the parent, spouse, or legal guardian may not exceed 50 percent of the total
approved nursing hours, or eight hours per day, whichever is less, up to a maximum of
40 hours per week.new text begin A parent or parents, spouse, or legal guardian shall not provide more
than 40 hours of services in a seven-day period. For parents and legal guardians, 40 hours
is the total amount allowed regardless of the number of children or adults who receive
services.new text end Nothing in this subdivision precludes the parent's, spouse's, or legal guardian's
obligation of assuming the nonreimbursed family responsibilities of emergency backup
caregiver and primary caregiver.

new text begin (1)new text end the parent or spouse fails to pass a criminal background check according to
chapter 245Cdeleted text begin , or ifdeleted text end new text begin ;
new text end

new text begin (2)new text end it has been determined by the home deleted text begin healthdeleted text end new text begin carenew text end agency, the case manager, or
the physician that the private duty nursing deleted text begin caredeleted text end provided by the parent, spouse, or legal
guardian is unsafenew text begin ; or
new text end

new text begin (3) the parent, spouse, or legal guardian do not follow physician ordersnew text end .

new text begin (d) For purposes of this section, "assessment" means a review and evaluation of a
recipient's need for home care services conducted in person. Assessments for private duty
nursing must be conducted by a registered nurse.
new text end

Minnesota Statutes 2008, section 256B.0655, subdivision 4, is amended to
read:

deleted text begin The commissioner, or the commissioner's designee, shall review the
assessment, service update, request for temporary services, request for flexible use option,
service plan, and any additional information that is submitted. The commissioner shall,
within 30 days after receiving a complete request, assessment, and service plan, authorize
home care services as follows:
deleted text end

deleted text begin (1)deleted text end new text begin (a)new text end All personal care assistant services deleted text begin anddeleted text end new text begin ,new text end supervision by a qualified
professional, deleted text begin if requested by the recipient,deleted text end new text begin and additional services beyond the limits
established in section 256B.0652, subdivision 11,new text end must be deleted text begin priordeleted text end authorized by the
commissioner or the commissioner's designee new text begin before services begin new text end except for the
assessments established in deleted text begin sectiondeleted text end new text begin sectionsnew text end 256B.0651, subdivision 11new text begin , and 256B.0911new text end .new text begin
The authorization for personal care assistance and qualified professional services under
section 256B.0659 must be completed within 30 days after receiving a complete request.
new text end

new text begin (b)new text end The amount of personal care assistant services authorized must be based on
the recipient's home care rating.new text begin The home care rating shall be determined by the
commissioner or the commissioner's designee based on information submitted to the
commissioner identifying the following:
new text end

new text begin (1) total number of dependencies of activities of daily living as defined in section
256B.0659;
new text end

new text begin (2) number of complex health-related functions as defined in section 256B.0659; and
new text end

new text begin (3) number of behavior descriptions as defined in section 256B.0659.
new text end

new text begin (c) The methodology to determine total time for personal care assistance services for
each home care rating is based on fiscal year 2007 data from the personal care assistance
program. Each home care rating has a base level of hours assigned. Additional time is
added through the assessment and identification of the following:
new text end

new text begin (1) 30 additional minutes for a dependency in each critical activity of daily living
as defined in section 256B.0659;
new text end

new text begin (2) 30 additional minutes for each complex health-related function as defined in
section 256B.0659; and
new text end

new text begin (3) 30 additional minutes for each behavior issue as defined in section 256B.0659.
new text end

new text begin (d) A limit of 96 units of qualified professional supervision may be authorized for
each recipient receiving personal care assistance services. A request to the commissioner
to exceed this total in a calendar year must be requested by the personal care provider
agency on a form approved by the commissioner.
new text end

deleted text begin A child may not be found to be dependent in an activity of daily living if because
of the child's age an adult would either perform the activity for the child or assist the
child with the activity and the amount of assistance needed is similar to the assistance
appropriate for a typical child of the same age. Based on medical necessity, the
commissioner may authorize:
deleted text end

deleted text begin (A) up to two times the average number of direct care hours provided in nursing
facilities for the recipient's comparable case mix level; or
deleted text end

deleted text begin (B) up to three times the average number of direct care hours provided in nursing
facilities for recipients who have complex medical needs or are dependent in at least seven
activities of daily living and need physical assistance with eating or have a neurological
diagnosis; or
deleted text end

deleted text begin (C) up to 60 percent of the average reimbursement rate, as of July 1, 1991, for care
provided in a regional treatment center for recipients who have Level I behavior, plus any
inflation adjustment as provided by the legislature for personal care service; or
deleted text end

deleted text begin (D) up to the amount the commissioner would pay, as of July 1, 1991, plus any
inflation adjustment provided for home care services, for care provided in a regional
treatment center for recipients referred to the commissioner by a regional treatment center
preadmission evaluation team. For purposes of this clause, home care services means
all services provided in the home or community that would be included in the payment
to a regional treatment center; or
deleted text end

deleted text begin (E) up to the amount medical assistance would reimburse for facility care for
recipients referred to the commissioner by a preadmission screening team established
under section 256B.0911 or 256B.092; and
deleted text end

deleted text begin (F) a reasonable amount of time for the provision of supervision by a qualified
professional of personal care assistant services, if a qualified professional is requested by
the recipient or responsible party.
deleted text end

deleted text begin (2) The number of direct care hours shall be determined according to the annual cost
report submitted to the department by nursing facilities. The average number of direct care
hours, as established by May 1, 1992, shall be calculated and incorporated into the home
care limits on July 1, 1992. These limits shall be calculated to the nearest quarter hour.
deleted text end

deleted text begin (3) The home care rating shall be determined by the commissioner or the
commissioner's designee based on information submitted to the commissioner by the
county public health nurse on forms specified by the commissioner. The home care rating
shall be a combination of current assessment tools developed under sections 256B.0911
and 256B.501 with an addition for seizure activity that will assess the frequency and
severity of seizure activity and with adjustments, additions, and clarifications that are
necessary to reflect the needs and conditions of recipients who need home care including
children and adults under 65 years of age. The commissioner shall establish these forms
and protocols under this section and sections 256B.0651, 256B.0653, 256B.0654, and
256B.0656 and shall use an advisory group, including representatives of recipients,
providers, and counties, for consultation in establishing and revising the forms and
protocols.
deleted text end

deleted text begin (4) A recipient shall qualify as having complex medical needs if the care required is
difficult to perform and because of recipient's medical condition requires more time than
community-based standards allow or requires more skill than would ordinarily be required
and the recipient needs or has one or more of the following:
deleted text end

deleted text begin (A) daily tube feedings;
deleted text end

deleted text begin (B) daily parenteral therapy;
deleted text end

deleted text begin (C) wound or decubiti care;
deleted text end

deleted text begin (D) postural drainage, percussion, nebulizer treatments, suctioning, tracheotomy
care, oxygen, mechanical ventilation;
deleted text end

deleted text begin (E) catheterization;
deleted text end

deleted text begin (F) ostomy care;
deleted text end

deleted text begin (G) quadriplegia; or
deleted text end

deleted text begin (H) other comparable medical conditions or treatments the commissioner determines
would otherwise require institutional care.
deleted text end

deleted text begin (5) A recipient shall qualify as having Level I behavior if there is reasonable
supporting evidence that the recipient exhibits, or that without supervision, observation, or
redirection would exhibit, one or more of the following behaviors that cause, or have the
potential to cause:
deleted text end

deleted text begin (A) injury to the recipient's own body;
deleted text end

deleted text begin (B) physical injury to other people; or
deleted text end

deleted text begin (C) destruction of property.
deleted text end

deleted text begin (6) Time authorized for personal care relating to Level I behavior in paragraph
(5), clauses (A) to (C), shall be based on the predictability, frequency, and amount of
intervention required.
deleted text end

deleted text begin (7) A recipient shall qualify as having Level II behavior if the recipient exhibits on a
daily basis one or more of the following behaviors that interfere with the completion of
personal care assistant services under subdivision 2, paragraph (a):
deleted text end

deleted text begin (A) unusual or repetitive habits;
deleted text end

deleted text begin (B) withdrawn behavior; or
deleted text end

deleted text begin (C) offensive behavior.
deleted text end

deleted text begin (8) A recipient with a home care rating of Level II behavior in paragraph (7), clauses
(A) to (C), shall be rated as comparable to a recipient with complex medical needs under
paragraph (4). If a recipient has both complex medical needs and Level II behavior, the
home care rating shall be the next complex category up to the maximum rating under
paragraph (1), clause (B).
deleted text end

new text begin (a) For the purposes of this section, the terms defined in
paragraphs (b) to (p) have the meanings given unless otherwise provided in text.
new text end

new text begin (b) "Activities of daily living" means grooming, dressing, bathing, transferring,
mobility, positioning, eating, and toileting.
new text end

new text begin (c) "Behavior" means a category to determine the home care rating and is based on
the criteria found in this section.
new text end

new text begin (d) "Complex health-related functions" means a category to determine the home care
rating and is based on the criteria found in this section.
new text end

new text begin (e) "Critical activities of daily living" means transferring, mobility, eating, and
toileting.
new text end

new text begin (f) "Dependency in activities of daily living" means a person requires assistance to
begin and complete one or more of the activities of daily living.
new text end

new text begin (g) "Health-related functions" means functions that can be delegated or assigned
by a licensed health care professional under state law to be performed by a personal
care assistant.
new text end

new text begin (h) "Instrumental activities of daily living" means activities to include meal planning
and preparation; basic assistance with paying bills; shopping for food, clothing, and
other essential items; performing household tasks integral to the personal care assistance
services; communication by telephone and other media; and traveling and participating
in the community.
new text end

new text begin (i) "Managerial official" has the same definition as Code of Federal Regulations,
title 42, section 455.
new text end

new text begin (j) "Qualified professional" means a professional providing supervision of personal
care assistance services and staff as defined in section 256B.0625, subdivision 19c.
new text end

new text begin (k) "Personal care assistance provider agency" means a medical assistance enrolled
provider that provides or assists with providing personal care assistance services and
includes personal care assistance provider organizations, personal care assistance choice
agency, class A licensed nursing agency, and Medicare-certified home health agency.
new text end

new text begin (l) "Personal care assistant" or "PCA" means an individual employed by a personal
care assistance agency who provides personal care assistance services.
new text end

new text begin (m) "Personal care assistance care plan" means a written description of personal
care assistance services developed by the personal care assistance provider according
to the service plan.
new text end

new text begin (n) "Responsible party" means an individual who lives with and is capable of
providing the support necessary to assist the recipient to live in the community.
new text end

new text begin (o) "Self-administered medication" means medication taken orally, by injection or
insertion, or applied topically without the need for assistance.
new text end

new text begin (p) "Service plan" means a written summary of the assessment and description of the
services needed by the recipient.
new text end

new text begin (a) The personal
care assistance services eligible for payment include services and supports furnished
to an individual, as needed, to assist in:
new text end

new text begin (1) activities of daily living;
new text end

new text begin (2) health-related functions;
new text end

new text begin (3) assistance with behavior needs; and
new text end

new text begin (4) instrumental activities of daily living.
new text end

new text begin (b) Activities of daily living include the following covered services:
new text end

new text begin (1) dressing, including assistance with choosing, application, and changing of
clothing and application of special appliances, wraps, or clothing;
new text end

new text begin (2) grooming, including assistance with basic hair care, oral care, shaving, applying
cosmetics and deodorant, and care of eyeglasses and hearing aids. Nail care is included,
except for recipients who are diabetic or have poor circulation;
new text end

new text begin (3) bathing, including assistance with basic personal hygiene and skin care;
new text end

new text begin (4) eating, including assistance with hand washing and application of orthotics
required for eating, transfers, and feeding;
new text end

new text begin (5) transfers, including assistance with transferring the recipient from one seating or
reclining area to another;
new text end

new text begin (6) mobility, including assistance with ambulation, including use of a wheelchair.
Mobility does not include providing transportation for a recipient;
new text end

new text begin (7) positioning, including assistance with positioning or turning a recipient for
necessary care and comfort; and
new text end

new text begin (8) toileting, including assistance with helping recipient with bowel or bladder
elimination and care including transfers, mobility, positioning, feminine hygiene, use of
toileting equipment or supplies, cleansing the perineal area, inspection of the skin, and
adjusting clothing.
new text end

new text begin (c) Health-related functions include the following covered services:
new text end

new text begin (1) range of motion and passive exercise to maintain a recipient's strength and
muscle functioning;
new text end

new text begin (2) assistance with self-administered medication as defined by this section, including
reminders to take medication, bringing medication to the recipient, and assistance with
opening medication under the direction of the recipient or responsible party;
new text end

new text begin (3) interventions for seizure disorders, including monitoring and observation; and
new text end

new text begin (4) other activities considered within the scope of the personal care service and
meeting the definition of health-related functions under this section.
new text end

new text begin (d) A personal care assistant may provide health-related functions associated with
the complex health-related function needs of a recipient if the tasks meet the definition
of health-related functions under this section and the personal care assistant is trained
by a qualified professional and demonstrates competency to safely complete the task.
Delegation of health-related functions and all training must be documented in the personal
care assistance care plan and the recipient's and personal care assistant's files.
new text end

new text begin (e) For a personal care assistant to provide the health-related functions of
tracheostomy suctioning and services to recipients on ventilator support there must be:
new text end

new text begin (1) delegation and training by a registered nurse, certified or licensed respiratory
therapist, or a physician;
new text end

new text begin (2) utilization of clean rather than sterile procedure;
new text end

new text begin (3) specialized training about the health-related functions and equipment, including
ventilator operation and maintenance;
new text end

new text begin (4) individualized training regarding the needs of the recipient; and
new text end

new text begin (5) supervision by a qualified professional who is a registered nurse.
new text end

new text begin (f) A personal care assistant may observe and redirect the recipient for episodes
where there is a need for redirection due to behaviors. Training of the personal care
assistant must occur based on the needs of the recipient, the personal care assistance care
plan, and any other support services provided.
new text end

new text begin (g) Instrumental activities of daily living under subdivision 1, paragraph (h), include
accompanying a recipient to obtain medical diagnosis or treatment when assistance is
required by the recipient during the appointment.
new text end

new text begin (a) Personal care
assistance services are not eligible for medical assistance payment under this section
when provided:
new text end

new text begin (1) by the recipient's spouse, parent of a recipient under the age of 18, paid legal
guardian, licensed foster provider, or responsible party;
new text end

new text begin (2) in lieu of other staffing options in a residential or child care setting;
new text end

new text begin (3) solely as a child care or babysitting service; or
new text end

new text begin (4) without authorization by the commissioner or the commissioner's designee.
new text end

new text begin (b) The following personal care services are not eligible for medical assistance
payment under this section when provided in residential settings:
new text end

new text begin (1) when the provider of home care services who is not related by blood, marriage,
or adoption owns or otherwise controls the living arrangement, including licensed or
unlicensed services; or
new text end

new text begin (2) when personal care assistance services are the responsibility of a residential or
program license holder under the terms of a service agreement and administrative rules.
new text end

new text begin (c) Other specific tasks not covered under paragraph (a) or (b) that are not eligible
for medical assistance reimbursement for personal care assistance services under this
section include:
new text end

new text begin (1) sterile procedures;
new text end

new text begin (2) injections of fluids and medications into veins, muscles, or skin;
new text end

new text begin (3) instrumental activities of daily living without a dependency in at least two
activities of daily living;
new text end

new text begin (4) home maintenance or chore services;
new text end

new text begin (5) homemaker services not an integral part of assessed personal care assistance
services needed by a recipient;
new text end

new text begin (6) application of restraints or implementation of procedures under section 245.825;
new text end

new text begin (7) instrumental activities of daily living for children under the age of 18; and
new text end

new text begin (8) assessments for personal care assistance services by personal care assistance
provider agencies or by independently enrolled registered nurses.
new text end

new text begin (a) An assessment as
defined in section 256B.0911 must be completed for personal care assistance services.
new text end

new text begin (b) The following limitations apply to the assessment:
new text end

new text begin (1) a person must be assessed as dependent in an activity of daily living based
on the person's need, on a daily basis, for:
new text end

new text begin (i) cueing and constant supervision to complete the task; or
new text end

new text begin (ii) hands-on assistance to complete the task.
new text end

new text begin (2) an adult may not be found to be dependent in an activity of daily living because
of individual choices; and
new text end

new text begin (3) a child may not be found to be dependent in an activity of daily living if because
of the child's age an adult would either perform the activity for the child or assist the child
with the activity. Assistance needed is the assistance appropriate for a typical child of
the same age.
new text end

new text begin (c) Assessment for complex health-related functions must meet the criteria in
this paragraph. During the assessment process, a recipient qualifies as having complex
health-related functions if the recipient has one or more of the interventions that are
ordered by a physician, specified in a personal care assistance care plan, and found in
the following:
new text end

new text begin (1) tube feedings requiring:
new text end

new text begin (i) a gastro/jejunostomy tube; or
new text end

new text begin (ii) continuous tube feeding lasting longer than 12 hours per day;
new text end

new text begin (2) wounds described as:
new text end

new text begin (i) stage III or stage IV;
new text end

new text begin (ii) multiple wounds;
new text end

new text begin (iii) requiring sterile or clean dressing changes or a wound vac; or
new text end

new text begin (iv) open lesions such as burns, fistulas, tube sites, or ostomy sites that require
specialized care;
new text end

new text begin (3) parenteral therapy described as:
new text end

new text begin (i) IV therapy more than two times per week lasting longer than four hours for
each treatment; or
new text end

new text begin (ii) total parenteral nutrition (TPN) daily;
new text end

new text begin (4) respiratory interventions including:
new text end

new text begin (i) oxygen required more than eight hours per day;
new text end

new text begin (ii) respiratory vest more than one time per day;
new text end

new text begin (iii) bronchial drainage treatments more than two times per day;
new text end

new text begin (iv) sterile or clean suctioning more than six times per day;
new text end

new text begin (v) dependence on another to apply respiratory ventilation augmentation devises
such as BiPAP and CPAP; and
new text end

new text begin (vi) ventilator dependence under section 256B.0652;
new text end

new text begin (5) insertion and maintenance of catheter including:
new text end

new text begin (i) sterile catheter changes more than one time per month;
new text end

new text begin (ii) clean self-catheterization more than six times per day; or
new text end

new text begin (iii) bladder irrigations;
new text end

new text begin (6) bowel program more than two times per week requiring more than 30 minutes to
perform each time;
new text end

new text begin (7) neurological intervention including:
new text end

new text begin (i) seizures more than two times per week and requiring significant physical
assistance to maintain safety; or
new text end

new text begin (ii) swallowing disorders diagnosed by a physician and requiring specialized
assistance from another on a daily basis; and
new text end

new text begin (8) other congenital or acquired diseases creating a need for significantly increased
direct hands-on assistance and interventions in six to eight activities of daily living.
new text end

new text begin (d) An assessment of behaviors must meet the criteria in this paragraph. A recipient
qualifies as having a need for assistance due to behaviors if the recipient's behavior requires
assistance at least four times per week and shows one or more of the following behaviors:
new text end

new text begin (1) physical aggression towards self, others, or property that requires immediate
response of another;
new text end

new text begin (2) increased vulnerability due to cognitive deficits or socially inappropriate
behavior; or
new text end

new text begin (3) verbally aggressive and resistive to care.
new text end

new text begin (a) The assessor, with the recipient or
responsible party, shall review the assessment information and determine referrals for
other payers, services, and community supports as appropriate.
new text end

new text begin (b) The recipient must be referred for evaluation, services, or supports that are
appropriate to help meet the recipient's needs including, but not limited to, the following
circumstances:
new text end

new text begin (1) when there is another payer who is responsible to provide the service to meet
the recipient's needs;
new text end

new text begin (2) when the recipient qualifies for assistance with behaviors under this section,
a referral into the mental health system for a mental health diagnostic and functional
assessment must be completed;
new text end

new text begin (3) when the recipient is eligible for medical assistance and meets medical assistance
eligibility for a home health aide or skilled nurse visit;
new text end

new text begin (4) when the recipient would benefit from an evaluation for another service; and
new text end

new text begin (5) when there is a more appropriate service to meet the assessed needs.
new text end

new text begin (c) The reimbursement rates for public health nurse visits that relate to the provision
of personal care assistance services under this section and section 256B.0625, subdivision
19a, are:
new text end

new text begin (1) $210.50 for a face-to-face assessment visit;
new text end

new text begin (2) $105.25 for each service update; and
new text end

new text begin (3) $105.25 for each request for a temporary service increase.
new text end

new text begin (d) The rates specified in paragraph (c) must be adjusted to reflect provider rate
increases for personal care assistance services that are approved by the legislature for the
fiscal year ending June 30, 2000, and subsequent fiscal years. Any requirements applied
by the legislature to provider rate increases for personal care assistance services also
apply to adjustments under this paragraph.
new text end

new text begin (e) Effective July 1, 2008, the payment rate for an assessment under this section and
section 256B.0651 shall be reduced by 25 percent when the assessment is not completed
on time and the service agreement documentation is not submitted in time to continue
services. The commissioner shall reduce the amount of the claim for those assessments
that are not submitted on time.
new text end

new text begin The service plan must be completed by the assessor with the
recipient and responsible party on a form determined by the commissioner and include
a summary of the assessment with a description of the need, authorized amount, and
expected outcomes and goals of personal care assistance services. The recipient and
the provider chosen by the recipient or responsible party must be given a copy of the
completed service plan. The recipient or responsible party must be given information by
the assessor about the options in the personal care assistance program to allow for review
and decision making.
new text end

new text begin (a) Each recipient must have a current
personal care assistance care plan based on the service plan in subdivision 21 that is
developed by the qualified professional with the recipient and responsible party. A copy of
the most current personal care assistance care plan is required to be in the recipient's home
and in the recipient's file at the provider agency.
new text end

new text begin (b) The personal care assistance care plan must have the following components:
new text end

new text begin (1) start and end date of the care plan;
new text end

new text begin (2) recipient demographic information, including name and telephone number;
new text end

new text begin (3) emergency numbers and procedures, including a backup plan;
new text end

new text begin (4) name of responsible party and instructions for contact;
new text end

new text begin (5) description of the recipient's individualized needs for assistance with activities of
daily living, instrumental activities of daily living, health-related tasks, and behaviors; and
new text end

new text begin (6) dated signatures of recipient or responsible party and qualified professional.
new text end

new text begin (c) The personal care assistance care plan must have instructions and comments
about the recipient's needs for assistance and any special instructions or procedures
required. The month-to-month plan for the use of personal care assistance services is part
of the personal care assistance care plan. The personal care assistance care plan must
be completed within the first week after start of services with a personal care provider
agency and must be updated as needed when there is a change in need for personal care
assistance services. A new personal care assistance care plan is required annually at the
time of the reassessment.
new text end

new text begin The personal care assistance
program requires communication with the recipient's physician about a recipient's assessed
needs for personal care assistance services. The commissioner shall work with the state
medical director to develop options for communication with the recipient's physician.
new text end

new text begin (a) "Responsible party" means an
individual who lives with and is capable of providing the support necessary to assist the
recipient to live in the community.
new text end

new text begin (b) A responsible party must be 18 years of age, actively participate in planning and
directing of personal care assistance services, and attend all assessments for the recipient.
new text end

new text begin (c) A responsible party must not have a direct or indirect financial interest in care
provided to the recipient and must not be the:
new text end

new text begin (1) personal care assistant;
new text end

new text begin (2) home care provider agency staff; or
new text end

new text begin (3) county staff acting as part of employment.
new text end

new text begin (d) A licensed family foster parent who lives with the recipient may be the
responsible party as long as the foster parent does not also have a direct or indirect
financial interest in the provision of personal care assistant services.
new text end

new text begin (e) A responsible party is required when:
new text end

new text begin (1) the person is a minor according to section 524.5-102, subdivision 10;
new text end

new text begin (2) the person is an incapacitated adult according to section 524.5-102, subdivision
6, resulting in a court-appointed guardian; or
new text end

new text begin (3) the assessment according to section 256B.0911 determines that the recipient is in
need of a responsible party to direct the recipient's care.
new text end

new text begin (f) There may be two persons designated as the responsible party for reasons such as
divided households and court-ordered custodies. Each person named as responsible party
must meet the program criteria and responsibilities including living with the recipient at
the time they are serving as the responsible party.
new text end

new text begin (g) The recipient or the recipient's legal representative shall appoint a responsible
party if necessary to direct and supervise the care provided to the recipient. The
responsible party must be identified at the time of assessment and listed on the recipient's
service agreement and personal care assistance care plan.
new text end

new text begin (a) A responsible party with a
personal care assistance provider agency shall enter into a written agreement, on a form
determined by the commissioner, to perform the following duties:
new text end

new text begin (1) live with the individual who is receiving personal care assistance services;
new text end

new text begin (2) be available while care is provided in a method agreed upon by the individual
or the individual's legal representative and documented in the recipient's personal care
assistance care plan;
new text end

new text begin (3) monitor personal care assistance services to ensure the recipient's personal care
assistance care plan is being followed; and
new text end

new text begin (4) review and sign personal care assistance time sheets after services are provided
to provide verification of the personal care assistance services.
new text end

new text begin Failure to provide the support required by the recipient must result in a referral to the
county common entry point.
new text end

new text begin (b) Responsible parties who are parents of minors or guardians of minors or
incapacitated persons may delegate the responsibility to another adult who is not the
personal care assistant during a temporary absence of at least 24 hours but not more
than six months. The person delegated as a responsible party must be able to meet the
definition of the responsible party, except that the delegated responsible party is required
to reside with the recipient only while serving as the responsible party. The responsible
party must ensure that the delegate performs the functions of the responsible party, is
identified at the time of the assessment, and is listed on the personal care assistance
care plan. The responsible party must communicate to the personal care assistance
provider agency about the need for a delegate responsible party, including the name of the
delegated responsible party, dates the delegated responsible party will be living with the
recipient, and contact numbers.
new text end

new text begin (a) A personal care assistant
must meet the following requirements:
new text end

new text begin (1) be at least 18 years of age with the exception of persons who are 16 or 17 years
of age with these additional requirements:
new text end

new text begin (i) supervision by a qualified professional every 60 days; and
new text end

new text begin (ii) employment by only one personal care assistance provider agency responsible
for compliance with current labor laws;
new text end

new text begin (2) be employed by a personal care assistance provider agency;
new text end

new text begin (3) enroll with the department as a non-pay-to provider after clearing a background
study. Before a personal care assistant provides services, the personal care assistance
provider agency must initiate a background study on the personal care assistant under
chapter 245C, and the personal care assistance provider agency must have received a
notice from the commissioner that the personal care assistant is:
new text end

new text begin (i) not disqualified under section 245C.14; or
new text end

new text begin (ii) is disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;
new text end

new text begin (4) be able to effectively communicate with the recipient and personal care
assistance provider agency;
new text end

new text begin (5) be able to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to recipient needs,
and report changes in the recipient's condition to the supervising qualified professional
or physician;
new text end

new text begin (6) not be a consumer of personal care assistance services;
new text end

new text begin (7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;
new text end

new text begin (8) complete standardized training as determined by the commissioner before
completing enrollment. Personal care assistant training must include successful completion
of the following training components: basic first aid, vulnerable adult, child maltreatment,
OSHA universal precautions, basic roles and responsibilities of personal care assistants
including information about assistance with lifting and transfers for recipients, emergency
preparedness, fraud issues, and completion of time sheets. Included with the basic training
is a need for the personal care assistant to demonstrate competency of ability to understand
and provide assistance. Personal care assistant training and orientation must be completed
within the first seven days after the services begin and be directed to the needs of the
recipient and the recipient's personal care assistance care plan; and
new text end

new text begin (9) be limited to providing and being paid for up to an amount of hours per month of
personal care assistance services that is determined by the commissioner regardless of
the number of recipients being served or the number of personal care assistance provider
agencies enrolled with.
new text end

new text begin (b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).
new text end

new text begin (c) Persons who do not qualify as a personal care assistant include parents and
stepparents of minors, spouses, paid legal guardians, foster care providers, staff of a
residential setting, or anyone who has a direct or indirect financial interest in the service
delivery.
new text end

new text begin (a)
Personal care assistance services for a recipient must be documented daily, on a form
approved by the commissioner by each personal care assistant, and kept in the recipient's
home for the current month of service. The completed form must be submitted on a
monthly basis to the provider and kept in the recipient's health record.
new text end

new text begin (b) The activity documentation must correspond to the personal care assistance care
plan and be reviewed by the qualified professional.
new text end

new text begin (c) The personal care assistant time sheet must be on a form approved by the
commissioner documenting time the personal care assistant provides services in the home.
The following criteria must be included in the time sheet:
new text end

new text begin (1) full name of personal care assistant and individual provider number;
new text end

new text begin (2) provider name and telephone numbers;
new text end

new text begin (3) full name of recipient;
new text end

new text begin (4) consecutive dates, including month, day, and year, and arrival and departure
time with a.m. or p.m. notations;
new text end

new text begin (5) signatures of recipient or the responsible party;
new text end

new text begin (6) personal signature of the personal care assistant;
new text end

new text begin (7) any shared care provided, if applicable;
new text end

new text begin (8) a statement that it is a federal crime to provide false information on personal
care service billings for medical assistance payments; and
new text end

new text begin (9) dates and location of recipient stays in a hospital, care facility, or incarceration.
new text end

new text begin (a) The qualified professional
must be employed by a personal care assistance provider agency and meet the definition
under section 256B.0625, subdivision 19c. Before a qualified professional provides
services, the personal care assistance provider agency must initiate a background study on
the qualified professional under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the qualified professional:
new text end

new text begin (1) is not disqualified under section 245C.14; or
new text end

new text begin (2) is disqualified, but the qualified professional has received a set aside of the
disqualification under section 245C.22.
new text end

new text begin (b) The qualified professional shall perform the duties of training, supervision, and
evaluation of the personal care assistance staff and evaluation of the effectiveness of
personal care assistance services. The qualified professional shall:
new text end

new text begin (1) develop and monitor with the recipient a personal care assistance care plan based
on the service plan and individualized needs of the recipient;
new text end

new text begin (2) develop and monitor with the recipient a monthly plan for the use of personal
care assistance services;
new text end

new text begin (3) review documentation of personal care assistance services provided;
new text end

new text begin (4) provide training and ensure competency for the personal care assistant in the
individual needs of the recipient; and
new text end

new text begin (5) document all training, communication, evaluations, and needed actions to
improve performance of the personal care assistants.
new text end

new text begin (c) The qualified professional shall complete the provider training with basic
information about the personal care assistance program approved by the commissioner
within six months of the date hired by a personal care assistance provider agency.
Qualified professionals who have completed the required trainings as an employee with a
personal care assistance provider agency do not need to repeat the required trainings if they
are hired by another agency, if they have completed the training within the last three years.
new text end

new text begin (a) All personal care assistants must
be supervised by a qualified professional or in a joint supervision relationship with the
recipient or the responsible party.
new text end

new text begin (b) Through direct training, observation, return demonstrations, and consultation
with the staff and the recipient, the qualified professional must ensure and document
that the personal care assistant is:
new text end

new text begin (1) capable of providing the required personal care assistance services;
new text end

new text begin (2) knowledgeable about the plan of personal care assistance services before services
are performed; and
new text end

new text begin (3) able to identify conditions that should be immediately brought to the attention of
the qualified professional.
new text end

new text begin (c) The qualified professional shall evaluate the personal care assistant within the
first 14 days of starting to provide services for a recipient. The qualified professional shall
evaluate the personal care assistance services for a recipient through direct observation of
a personal care assistant's work:
new text end

new text begin (1) at least every 90 days thereafter for the first year of services; and
new text end

new text begin (2) every 120 days after the first year of service, or whenever needed for response to
a recipient's request for increased supervision of the personal care assistance staff.
new text end

new text begin (d) Communication with the recipient is a part of the evaluation process of the
personal care assistance staff.
new text end

new text begin (e) At each supervisory visit, the qualified professional shall evaluate personal care
assistance services including the following information:
new text end

new text begin (1) satisfaction level of the recipient with personal care assistance services;
new text end

new text begin (2) review of the month-to-month plan for use of personal care assistance services;
new text end

new text begin (3) review of documentation of personal care assistance services provided;
new text end

new text begin (4) whether the personal care assistance services are meeting the goals of the service
as stated in the personal care assistance care plan and service plan;
new text end

new text begin (5) a written record of the results of the evaluation and actions taken to correct any
deficiencies in the work of a personal care assistant; and
new text end

new text begin (6) revision of the personal care assistance care plan as necessary in consultation
with the recipient or responsible party, to meet the needs of the recipient.
new text end

new text begin (f) The qualified professional shall complete the required documentation in the
agency recipient and employee files and the recipient's home, including the following
documentation:
new text end

new text begin (1) the personal care assistance care plan based on the service plan and individualized
needs of the recipient;
new text end

new text begin (2) a month-to-month plan for use of personal care assistance services;
new text end

new text begin (3) changes in need of the recipient requiring a change to the level of service and the
personal care assistance care plan;
new text end

new text begin (4) evaluation results of supervision visits and identified issues with personal care
assistance staff with actions taken;
new text end

new text begin (5) all communication with the recipient and personal care assistance staff; and
new text end

new text begin (6) hands-on training or individualized training for the care of the recipient.
new text end

new text begin (g) The documentation in paragraph (f) must be done on agency forms.
new text end

new text begin (h) The services that are not eligible for payment as qualified professional services
include:
new text end

new text begin (1) direct professional nursing tasks that could be assessed and authorized as skilled
nursing tasks;
new text end

new text begin (2) supervision of personal care assistance completed by telephone;
new text end

new text begin (3) agency administrative activities;
new text end

new text begin (4) training other than the individualized training required to provide care for a
recipient; and
new text end

new text begin (5) any other activity that is not described in this section.
new text end

new text begin (a) "Flexible use" means the scheduled use of authorized
hours of personal care assistance services, which vary within a service authorization
period covering no more than six months, in order to more effectively meet the needs and
schedule of the recipient. Each 12-month service agreement is divided into two six-month
authorization date spans. No more than 75 percent of the total authorized units for a
12-month service agreement may be used in a six-month date span.
new text end

new text begin (b) Authorization of flexible use occurs during the authorization process under
section 256B.0652. The flexible use of authorized hours does not increase the total
amount of authorized hours available to a recipient. The commissioner shall not authorize
additional personal care assistance services to supplement a service authorization that
is exhausted before the end date under a flexible service use plan, unless the assessor
determines a change in condition and a need for increased services is established.
Authorized hours not used within the six-month period must not be carried over to another
time period.
new text end

new text begin (c) A recipient who has terminated personal care assistance services before the end
of the 12-month authorization period must not receive additional hours upon reapplying
during the same 12-month authorization period, except if a change in condition is
documented. Services must be prorated for the remainder of the 12-month authorization
period based on the first six-month assessment.
new text end

new text begin (d) The recipient, responsible party, and qualified professional must develop a
written month-to-month plan of the projected use of personal care assistance services that
is part of the personal care assistance care plan and ensures:
new text end

new text begin (1) that the health and safety needs of the recipient are met throughout both date
spans of the authorization period; and
new text end

new text begin (2) that the total authorized amount of personal care assistance services for each date
span must not be used before the end of each date span in the authorization period.
new text end

new text begin (e) The personal care assistance provider agency shall monitor the use of personal
care assistance services to ensure health and safety needs of the recipient are met
throughout both date spans of the authorization period. The commissioner or the
commissioner's designee shall provide written notice to the provider and the recipient or
responsible party when a recipient is at risk of exceeding the personal care assistance
services prior to the end of the six-month period.
new text end

new text begin (f) Misuse and abuse of the flexible use of personal care assistance services resulting
in the overuse of units in a manner where the recipient will not have enough units to meet
their needs for assistance and ensure health and safety for the entire six-month date span
may lead to an action by the commissioner. The commissioner may take action including,
but not limited to: (1) restricting recipients to service authorizations of no more than one
month in duration; (2) requiring the recipient to have a responsible party; and (3) requiring
a qualified professional to monitor and report services on a monthly basis.
new text end

new text begin (a) Medical assistance payments for shared personal
care assistance services are limited according to this subdivision.
new text end

new text begin (b) Shared service is the provision of personal care assistance services by a personal
care assistant to two or three recipients, eligible for medical assistance, who voluntarily
enter into an agreement to receive services at the same time and in the same setting.
new text end

new text begin (c) For the purposes of this subdivision, "setting" means:
new text end

new text begin (1) the home residence or family foster care home of one or more of the individual
recipients; or
new text end

new text begin (2) a child care program licensed under chapter 245A or operated by a local school
district or private school.
new text end

new text begin (d) Shared personal care assistance services follow the same criteria for covered
services as subdivision 2.
new text end

new text begin (e) Noncovered shared personal care assistance services include the following:
new text end

new text begin (1) services for more than three recipients by one personal care assistant at one time;
new text end

new text begin (2) staff requirements for child care programs under chapter 245C;
new text end

new text begin (3) caring for multiple recipients in more than one setting;
new text end

new text begin (4) additional units of personal care assistance based on the selection of the option;
and
new text end

new text begin (5) use of more than one personal care assistance provider agency for the shared
care services.
new text end

new text begin (f) The option of shared personal care assistance is elected by the recipient or the
responsible party with the assistance of the assessor. The option must be determined
appropriate based on the ages of the recipients, compatibility, and coordination of their
assessed care needs. The recipient or the responsible party, in conjunction with the
qualified professional, shall arrange the setting and grouping of shared services based
on the individual needs and preferences of the recipients. The personal care assistance
provider agency shall offer the recipient or the responsible party the option of shared or
one-on-one personal care assistance services or a combination of both. The recipient or
the responsible party may withdraw from participating in a shared services arrangement at
any time.
new text end

new text begin (g) Authorization for the shared service option must be determined by the
commissioner based on the criteria that the shared service is appropriate to meet all of the
recipients' needs and their health and safety is maintained. The authorization of shared
services is part of the overall authorization of personal care assistance services. Nothing
in this subdivision must be construed to reduce the total number of hours authorized for
an individual recipient.
new text end

new text begin (h) A personal care assistant providing shared personal care assistance services must:
new text end

new text begin (1) receive training specific for each recipient served; and
new text end

new text begin (2) follow all required documentation requirements for time and services provided.
new text end

new text begin (i) A qualified professional shall:
new text end

new text begin (1) evaluate the ability of the personal care assistant to provide services for all of
the recipients in a shared setting;
new text end

new text begin (2) visit the shared setting as services are being provided at least once every six
months or whenever needed for response to a recipient's request for increased supervision
of the personal care assistance staff;
new text end

new text begin (3) provide ongoing monitoring and evaluation of the effectiveness and
appropriateness of the shared services;
new text end

new text begin (4) develop a contingency plan with each of the recipients which accounts for
absence of the recipient in a share services setting due to illness or other circumstances;
new text end

new text begin (5) obtain permission from each of the recipients who are sharing a personal care
assistant for number of shared hours for services provided inside and outside the home
residence; and
new text end

new text begin (6) document the training completed by the personal care assistants specific to the
shared setting and recipients sharing services.
new text end

new text begin The commissioner shall provide a rate system for
shared personal care assistance services. For two persons sharing services, the rate paid
to a provider must not exceed one and one-half times the rate paid for serving a single
individual, and for three persons sharing services, the rate paid to a provider must not
exceed twice the rate paid for serving a single individual. These rates apply only when all
of the criteria for the shared care personal care assistance service have been met.
new text end

new text begin (a) The
commissioner may allow a recipient of personal care assistance services to use a fiscal
intermediary to assist the recipient in paying and account for medically necessary covered
personal care assistance services. Unless otherwise provided in this section, all other
statutory and regulatory provisions relating to personal care assistance services apply to a
recipient using the personal care assistance choice option.
new text end

new text begin (b) Personal care assistance choice is an option of the personal care assistance
program that allows the recipient who receives personal care assistance services to be
responsible for the hiring, training, and firing of personal care assistants. This program
offers greater control and choice for the recipient in who provides the personal care
assistance service and when the service is scheduled. The recipient or the recipient's
responsible party must choose a personal care assistance choice provider agency as
a fiscal intermediary. This personal care assistance choice provider agency manages
payroll, invoices the state, is responsible for all payroll related taxes and insurance, and is
responsible for providing the consumer training and support in managing the recipient's
personal care assistance services.
new text end

new text begin (a)
Under personal care assistance choice, the recipient or responsible party shall:
new text end

new text begin (1) recruit, hire, and terminate personal care assistants and a qualified professional;
new text end

new text begin (2) develop a personal care assistance care plan based on the assessed needs
and addressing the health and safety of the recipient with the assistance of a qualified
professional as needed;
new text end

new text begin (3) orient and train the personal care assistant with assistance as needed from the
qualified professional;
new text end

new text begin (4) supervise and evaluate the personal care assistant with the qualified professional;
new text end

new text begin (5) monitor and verify in writing and report to the personal care assistance choice
agency the number of hours worked by the personal care assistant and the qualified
professional;
new text end

new text begin (6) engage in an annual face-to-face reassessment to determine continuing eligibility
and service authorization; and
new text end

new text begin (7) use the same personal care assistance choice provider agency if shared personal
assistance care is being used.
new text end

new text begin (b) The personal care assistance choice provider agency shall:
new text end

new text begin (1) meet all personal care assistance provider agency standards;
new text end

new text begin (2) enter into a written agreement with the recipient, responsible party, and personal
care assistants;
new text end

new text begin (3) not be related to the recipient, qualified professional, or the personal care
assistant; and
new text end

new text begin (4) ensure arm's-length transactions with the recipient and personal care assistant.
new text end

new text begin (c) The duties of the personal care assistance choice provider agency are to:
new text end

new text begin (1) be the employer of the personal care assistant and the qualified professional for
employment law and related regulations including but not limited to purchasing and
maintaining workers' compensation, unemployment insurance, surety and fidelity bonds,
and liability insurance, and submit any or all necessary documentation including, but not
limited to, workers' compensation and unemployment insurance;
new text end

new text begin (2) bill the medical assistance program for personal care assistance services and
qualified professional services;
new text end

new text begin (3) request and complete background studies that comply with the requirements for
personal care assistants and qualified professionals;
new text end

new text begin (4) pay the personal care assistant and qualified professional based on actual hours
of services provided;
new text end

new text begin (5) withhold and pay all applicable federal and state taxes;
new text end

new text begin (6) verify and keep records of hours worked by the personal care assistant and
qualified professional;
new text end

new text begin (7) make the arrangements and pay taxes and other benefits, if any; and comply with
any legal requirements for a Minnesota employer;
new text end

new text begin (8) enroll in the medical assistance program as a personal care assistance choice
agency; and
new text end

new text begin (9) enter into a written agreement as specified in subdivision 20 before services
are provided.
new text end

new text begin (a) Before
services commence under the personal care assistance choice option, and annually
thereafter, the personal care assistance choice provider agency, recipient, or responsible
party, each personal care assistant, and the qualified professional shall enter into a written
agreement. The agreement must include at a minimum:
new text end

new text begin (1) duties of the recipient, qualified professional, personal care assistant, and
personal care assistance choice provider agency;
new text end

new text begin (2) salary and benefits for the personal care assistant and the qualified professional;
new text end

new text begin (3) administrative fee of the personal care assistance choice provider agency and
services paid for with that fee, including background study fees;
new text end

new text begin (4) grievance procedures to respond to complaints;
new text end

new text begin (5) procedures for hiring and terminating the personal care assistant; and
new text end

new text begin (6) documentation requirements including, but not limited to, time sheets, activity
records, and the personal care assistance care plan.
new text end

new text begin (b) Except for the administrative fee of the personal care assistance choice provider
agency as reported on the written agreement, the remainder of the rates paid to the personal
care assistance choice provider agency must be used to pay for the salary and benefits for
the personal care assistant or the qualified professional.
new text end

new text begin (c) The commissioner shall deny, revoke, or suspend the authorization to use the
personal care assistance choice option if:
new text end

new text begin (1) it has been determined by the qualified professional or public health nurse that
the use of this option jeopardizes the recipient's health and safety;
new text end

new text begin (2) the parties have failed to comply with the written agreement specified in
subdivision 20;
new text end

new text begin (3) the use of the option has led to abusive or fraudulent billing for personal care
assistance services; or
new text end

new text begin (4) the department terminates the personal care assistance choice option.
new text end

new text begin (d) The recipient or responsible party may appeal the commissioner's decision in
paragraph (c) according to section 256.045. The denial, revocation, or suspension to
use the personal care assistance choice option must not affect the recipient's authorized
level of personal care assistance services.
new text end

new text begin (a) All personal care assistance provider agencies must provide, at the
time of enrollment as a personal care assistance provider agency in a format determined
by the commissioner, information and documentation that includes, but is not limited to,
the following:
new text end

new text begin (1) the personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;
new text end

new text begin (2) proof of surety bond coverage in the amount of $50,000 or ten percent of the
provider's payments from Medicaid in the previous year, whichever is less;
new text end

new text begin (3) proof of fidelity bond coverage in the amount of $20,000;
new text end

new text begin (4) proof of workers' compensation insurance coverage;
new text end

new text begin (5) a description of the personal care assistance provider agency's organization
identifying the names of all owners, managerial officials, staff, board of directors, and the
affiliations of the directors, owners, or staff to other service providers;
new text end

new text begin (6) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery;
and employee and consumer safety including process for notification and resolution
of consumer grievances, identification and prevention of communicable diseases, and
employee misconduct;
new text end

new text begin (7) copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:
new text end

new text begin (i) a copy of the personal care assistance provider agency's time sheet if the time
sheet varies from the standard time sheet for personal care assistance services approved
by the commissioner, and a letter requesting approval of the personal care assistance
provider agency's nonstandard time sheet;
new text end

new text begin (ii) the personal care assistance provider agency's template for the personal care
assistance care plan; and
new text end

new text begin (iii) the personal care assistance provider agency's template and the written
agreement in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;
new text end

new text begin (8) a list of all trainings and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;
new text end

new text begin (9) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section; and
new text end

new text begin (10) disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services.
new text end

new text begin (b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider
agency enrolls as a vendor or upon request from the commissioner. The commissioner
shall collect the information specified in paragraph (a) from all personal care assistance
providers beginning upon enactment of this section.
new text end

new text begin (c) All personal care assistance provider agencies shall complete mandatory training
as determined by the commissioner before enrollment as a provider. Personal care
assistance provider agencies are required to send all owners, qualified professionals
employed by the agency, and all other managerial officials to the initial and subsequent
trainings. Personal care assistance provider agency billing staff shall complete training
about personal care assistance program financial management. This training is effective
upon enactment of this section. Any personal care assistance provider agency enrolled
before that date shall, if it has not already, complete the provider training within 18 months
of the effective date of this section. Any new owners, new qualified professionals, and new
managerial officials are required to complete mandatory training as a requisite of hiring.
new text end

new text begin (a) All personal care
assistance provider agencies shall resubmit, on an annual basis, the information specified
in subdivision 21, in a format determined by the commissioner, and provide a copy of the
personal care assistance provider agency's most current version of its grievance policies
and procedures along with a written record of grievances and resolutions of the grievances
that the personal care assistance provider agency has received in the previous year and any
other information requested by the commissioner.
new text end

new text begin (b) The commissioner shall send annual review notification to personal care
assistance provider agencies 30 days prior to renewal. The notification must:
new text end

new text begin (1) list the materials and information the personal care assistance provider agency is
required to submit;
new text end

new text begin (2) provide instructions on submitting information to the commissioner; and
new text end

new text begin (3) provide a due date by which the commissioner must receive the requested
information.
new text end

new text begin Personal care assistance provider agencies shall submit required documentation for
annual review within 30 days of notification from the commissioner. If no documentation
is submitted, the personal care assistance provider agency enrollment number must be
terminated or suspended.
new text end

new text begin (c) Personal care assistance provider agencies also currently licensed under
Minnesota Rules, part 4668.0012, as a class A provider or currently certified for
participation in Medicare as a home health agency under Code of Federal Regulations,
title 42, part 484, are deemed in compliance with the personal care assistance requirements
for enrollment, annual review process, and documentation.
new text end

new text begin (a) A terminated
personal care assistance provider agency, including all named individuals on the current
enrollment disclosure form and known or discovered affiliates of the personal care
assistance provider agency, is not eligible to enroll as a personal care assistance provider
agency for two years following the termination.
new text end

new text begin (b) After the two-year period in paragraph (a), if the provider seeks to reenroll
as a personal care assistance provider agency, the personal care assistance provider
agency must be placed on a one-year probation period, beginning after completion of
the following:
new text end

new text begin (1) the department's provider trainings under this section; and
new text end

new text begin (2) initial enrollment requirements under subdivision 21.
new text end

new text begin (c) During the probationary period the commissioner shall complete site visits and
request submission of documentation to review compliance with program policy.
new text end

new text begin A personal
care assistance provider agency shall:
new text end

new text begin (1) enroll as a Medicaid provider meeting all provider standards, including
completion of the required provider training;
new text end

new text begin (2) comply with general medical assistance coverage requirements;
new text end

new text begin (3) demonstrate compliance with law and policies of the personal care assistance
program to be determined by the commissioner;
new text end

new text begin (4) comply with background study requirements;
new text end

new text begin (5) verify and keep records of hours worked by the personal care assistant and
qualified professional;
new text end

new text begin (6) pay the personal care assistant and qualified professional based on actual hours
of services provided;
new text end

new text begin (7) withhold and pay all applicable federal and state taxes;
new text end

new text begin (8) make the arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;
new text end

new text begin (9) enter into a written agreement under subdivision 21 before services are provided;
new text end

new text begin (10) report suspected neglect and abuse to the common entry point according to
section 256B.0651; and
new text end

new text begin (11) provide the recipient with a copy of the home care bill of rights at start of service.
new text end

new text begin Personal care assistance provider agencies enrolled to provide personal care assistance
services under the medical assistance program shall comply with the following:
new text end

new text begin (1) owners who have a five percent interest or more and all managerial officials are
subject to a background study as provided in chapter 245C. This applies to currently
enrolled personal care assistance provider agencies and those agencies seeking enrollment
as a personal care assistance provider agency. Managerial official has the same meaning
as Code of Federal Regulations, title 42, section 455. An organization is barred from
enrollment if:
new text end

new text begin (i) the organization has not initiated background studies on owners and managerial
officials; or
new text end

new text begin (ii) the organization has initiated background studies on owners and managerial
officials, but the commissioner has sent the organization a notice that an owner or
managerial official of the organization has been disqualified under section 245C.14,
and the owner or managerial official has not received a set aside of the disqualification
under section 245C.22;
new text end

new text begin (2) a background study must be initiated and completed for all qualified
professionals; and
new text end

new text begin (3) a background study must be initiated and completed for all personal care
assistants.
new text end

new text begin A personal care assistance provider agency shall establish and implement
policies and procedures for prevention, control, and investigation of infections and
communicable diseases according to current nationally recognized infection control
practices or guidelines established by the United States Centers for Disease Control and
Prevention, as well as applicable regulations of other federal or state agencies.
new text end

new text begin The
personal care assistance provider agency is required to provide training for the personal
care assistant responsible for working with a recipient who is ventilator dependent. All
training must be administered by a respiratory therapist, nurse, or physician. Qualified
professional supervision by a nurse must be completed and documented on file in the
personal care assistant's employment record and the recipient's health record. If offering
personal care services to a ventilator-dependent recipient, the personal care assistance
provider agency shall demonstrate the ability to:
new text end

new text begin (1) train the personal care assistant;
new text end

new text begin (2) supervise the personal care assistant in ventilator operation and maintenance; and
new text end

new text begin (3) supervise the recipient and responsible party in ventilator operation and
maintenance.
new text end

new text begin Required documentation must be completed and kept in the personal care assistance
provider agency file or the recipient's home residence. The required documentation
consists of:
new text end

new text begin (1) employee files, including:
new text end

new text begin (i) applications for employment;
new text end

new text begin (ii) background study requests and results;
new text end

new text begin (iii) orientation records about the agency policies;
new text end

new text begin (iv) trainings completed with demonstration of competence;
new text end

new text begin (v) supervisory visits;
new text end

new text begin (vi) evaluations of employment; and
new text end

new text begin (vii) signature on fraud statement;
new text end

new text begin (2) recipient files, including:
new text end

new text begin (i) demographics;
new text end

new text begin (ii) emergency contact information and emergency backup plan;
new text end

new text begin (iii) medical assistance service plan;
new text end

new text begin (iv) personal care assistance care plan;
new text end

new text begin (v) month-to-month service use plan;
new text end

new text begin (vi) all communication records;
new text end

new text begin (vii) start of service information, including the written agreement with recipient; and
new text end

new text begin (viii) date the home care bill of rights was given to the recipient;
new text end

new text begin (3) agency policy manual, including:
new text end

new text begin (i) policies for employment and termination;
new text end

new text begin (ii) grievance policies with resolution of consumer grievances;
new text end

new text begin (iii) staff and consumer safety;
new text end

new text begin (iv) staff misconduct; and
new text end

new text begin (v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
resolution of consumer grievances; and
new text end

new text begin (4) time sheets for each personal care assistant along with completed activity sheets
for each recipient served.
new text end

new text begin Notwithstanding any contrary provision in
this section, the commissioner, counties, and personal care assistance providers shall
work together to provide transitional assistance for recipients and families to come into
compliance with the new live-in responsible party requirements of this section, and
ensure that services are prohibited from being provided by the housing provider. The
commissioner and counties shall provide this assistance until July 1, 2010.
new text end

Minnesota Statutes 2008, section 256B.0911, subdivision 1, is amended to
read:

(a) The purpose of long-term care consultation
services is to assist persons with long-term or chronic care needs in making long-term
care decisions and selecting options that meet their needs and reflect their preferences.
The availability of, and access to, information and other types of assistancenew text begin , including
assessment and support planning,new text end is also intended to prevent or delay certified nursing
facility placements and to provide transition assistance after admission. Further, the goal
of these services is to contain costs associated with unnecessary certified nursing facility
admissions. new text begin Long-term consultation services must be available to any person regardless
of public program eligibility. new text end The deleted text begin commissionersdeleted text end new text begin commissioner new text end of human services deleted text begin and
healthdeleted text end shall seek to maximize use of available federal and state funds and establish the
broadest program possible within the funding available.

(b) These services must be coordinated with deleted text begin servicesdeleted text end new text begin long-term care options
counseling new text end provided under section 256.975, subdivision 7, and deleted text begin with services provided by
other public and private agencies in the communitydeleted text end new text begin section 256.01, subdivision 24, for
telephone assistance and follow up and new text end to offer a variety of cost-effective alternatives
to persons with disabilities and elderly persons. The county new text begin or tribal new text end agency providing
long-term care consultation services shall encourage the use of volunteers from families,
religious organizations, social clubs, and similar civic and service organizations to provide
community-based services.

Minnesota Statutes 2008, section 256B.0911, subdivision 1a, is amended to
read:

For purposes of this section, the following definitions apply:

(a) "Long-term care consultation services" means:

deleted text begin (1) providing information and education to the general public regarding availability
of the services authorized under this section;
deleted text end

deleted text begin (2) an intake process that provides access to the services described in this section;
deleted text end

deleted text begin (3) assessment of the health, psychological, and social needs of referred individuals;
deleted text end

deleted text begin (4)deleted text end new text begin (1) new text end assistance in identifying services needed to maintain an individual in the
deleted text begin least restrictivedeleted text end new text begin most inclusive new text end environment;

deleted text begin (5)deleted text end new text begin (2) new text end providing recommendations on cost-effective community services that are
available to the individual;

deleted text begin (6)deleted text end new text begin (3) new text end development of an individual's new text begin person-centered new text end community support plan;

deleted text begin (7)deleted text end new text begin (4) new text end providing information regarding eligibility for Minnesota health care
programs;

new text begin (5) face-to-face long-term care consultation assessments, which may be completed
in a hospital, nursing facility, intermediate care facility for persons with developmental
disabilities (ICF/DDs), regional treatment centers, or the person's current or planned
residence;
new text end

deleted text begin (8) preadmissiondeleted text end new text begin (6) federally mandated new text end screening to determine the need for
a deleted text begin nursing facilitydeleted text end new text begin institutional new text end level of carenew text begin under section 256B.0911, subdivision 4,
paragraph (a)new text end ;

deleted text begin (9) preliminarydeleted text end new text begin (7) new text end determination of deleted text begin Minnesota health care programsdeleted text end new text begin home and
community-based waiver service new text end eligibility new text begin including level of care determination new text end for
individuals who need deleted text begin a nursing facilitydeleted text end new text begin an institutional new text end level of carenew text begin as defined under
section 144.0724, subdivision 11, or 256B.092new text end , new text begin service eligibility including state plan
home care services identified in section 256B.0625, subdivisions 6, 7, and 19, paragraphs
(a) and (c), based on assessment and support plan development new text end with appropriate referrals
deleted text begin for final determinationdeleted text end ;

deleted text begin (10)deleted text end new text begin (8) new text end providing recommendations for nursing facility placement when there are
no cost-effective community services available; and

deleted text begin (11)deleted text end new text begin (9) new text end assistance to transition people back to community settings after facility
admission.

new text begin (b) "Long-term options counseling" means the services provided by the linkage
lines as mandated by sections 256.01 and 256.975, subdivision 7, and also includes
telephone assistance and follow up once a long-term care consultation assessment has
been completed. Long-term care options counselors shall:
new text end

new text begin (1) for individuals not eligible for case management under a public program or
public funding source, provide interactive decision support whereby consumers, family
members, or other helpers are supported in their deliberations to determine appropriate
long-term care choices in the context of the consumer's needs, preferences, values, and
individual circumstances including implementing a community support plan:
new text end

new text begin (2) provide Web-based educational information and collateral written materials to
familiarize consumers, family members, or other helpers with the long-term care basics,
issues to be considered, and the range of options available in the community;
new text end

new text begin (3) provide long-term care futures planning defined as providing assistance to
individuals who anticipate having long-term care needs to develop a plan for the more
distant future; and
new text end

new text begin (4) provide expertise in benefits and financing options for long-term care including
Medicare, long-term care insurance, tax or employer-based incentives, reverse mortgages,
private pay options, and ways to access low or no-cost services or benefits through
volunteer-based or charitable programs.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end "Minnesota health care programs" means the medical assistance program
under chapter 256B and the alternative care program under section 256B.0913.

new text begin (d) "Lead agencies" means counties or a collaboration of counties, tribes, and health
plans administering long-term care consultation assessment and support planning services.
new text end

Minnesota Statutes 2008, section 256B.0911, is amended by adding a
subdivision to read:

new text begin (a) Beginning January 1, 2011, each lead agency
shall have certified assessors who have completed training and certification process
determined by the commissioner in subdivision 2c. Certified assessors shall demonstrate
best practices in assessment and support planning including person-centered planning
principals and have a common set of skills that must ensure consistency and equitable
access to services statewide.
new text end

new text begin (b) Certified assessors are persons with a minimum of a bachelor's degree in social
work, nursing with a public health nursing certificate, or other closely related field with at
least one year of home and community-based experience or a two-year registered nursing
degree with at least three years of home and community-based experience that have
received training and certification specific to assessment and consultation for long-term
care services in the state.
new text end

Minnesota Statutes 2008, section 256B.0911, is amended by adding a
subdivision to read:

new text begin The commissioner shall develop
curriculum and a certification process to begin no later than January 1, 2010. All existing
lead agency staff designated to provide the services defined in subdivision 1a must be
certified by December 30, 2010. Each lead agency is required to ensure that they have
sufficient numbers of certified assessors to provide long-term consultation assessment and
support planning within the timelines and parameters of the service by January 1, 2011.
Certified assessors are required to be recertified every three years.
new text end

Minnesota Statutes 2008, section 256B.0911, subdivision 3, is amended to
read:

(a) new text begin Until January 1, 2011, new text end a long-term
care consultation team shall be established by the county board of commissioners. Each
local consultation team shall consist of at least one social worker and at least one public
health nurse from their respective county agencies. The board may designate public
health or social services as the lead agency for long-term care consultation services. If a
county does not have a public health nurse available, it may request approval from the
commissioner to assign a county registered nurse with at least one year experience in
home care to participate on the team. Two or more counties may collaborate to establish
a joint local consultation team or teams.

(b) The team is responsible for providing long-term care consultation services to
all persons located in the county who request the services, regardless of eligibility for
Minnesota health care programs.

new text begin (c) The commissioner shall allow arrangements and make recommendations that
encourage counties to collaborate to establish joint local long-term care consultation
teams to ensure that long-term care consultations are done within the timelines and
parameters of the service. This includes integrated service models as required in section
256B.0911, subdivision 1, paragraph (b).
new text end

Minnesota Statutes 2008, section 256B.0911, subdivision 3a, is amended to
read:

(a) Persons requesting assessment,
services planning, or other assistance intended to support community-based living,
including persons who need assessment in order to determine new text begin personal care assistance
services, private duty nursing services, home health agency services, new text end waiver or alternative
care program eligibility, must be visited by a long-term care consultation team new text begin on or after
January 1, 2011, a certified assessor new text end within deleted text begin ten workingdeleted text end new text begin 15 calendar new text end days after the date on
which an assessment was requested or recommended. new text begin Face-to-face new text end assessments must be
conducted according to paragraphs (b) to deleted text begin (i)deleted text end new text begin (k)new text end .

(b) The county may utilize a team of either the social worker or public health nurse,
or both, new text begin after January 1, 2011, lead agencies shall use a certified assessor new text end to conduct the
assessment in a face-to-face interview. The consultation team members must confer
regarding the most appropriate care for each individual screened or assessed.

(c) The deleted text begin long-term care consultation team must assess the health and social needs of
the persondeleted text end new text begin assessment must be comprehensive and include a person-centered assessment
of the health, psychological, functional, environmental, and social needs of referred
individuals and provide information necessary to develop a support plan that meets the
consumers needsnew text end , using an assessment form provided by the commissioner.

(d) The deleted text begin team must conduct thedeleted text end assessment new text begin must be conducted new text end in a face-to-face
interview with the person being assessed and the person's legal representative, deleted text begin if applicabledeleted text end new text begin
as required by legally executed documents, and other individuals as requested by the
person, who can provide information on the needs, strengths, and preferences of the
person necessary to develop a support plan that ensures the person's health and safety, but
who is not a provider of service or has any financial interest in the provision of servicesnew text end .

(e) The deleted text begin team must provide thedeleted text end person, or the person's legal representative, new text begin must
be provided new text end with written recommendations for deleted text begin facility- ordeleted text end community-based servicesdeleted text begin .
The team must documentdeleted text end new text begin or institutional care that include documentation new text end that the most
cost-effective alternatives available were offered to the individual. For purposes of
this requirement, "cost-effective alternatives" means community services and living
arrangements that cost the same as or less than deleted text begin nursing facilitydeleted text end new text begin institutionalnew text end care.

(f) If the person chooses to use community-based services, the deleted text begin team must provide
thedeleted text end person or the person's legal representative new text begin must be provided new text end with a written community
support plan, regardless of whether the individual is eligible for Minnesota health care
programs. deleted text begin Thedeleted text end new text begin A new text end person may request assistance in deleted text begin developing a community support plan
deleted text end new text begin identifying community supports new text end without participating in a complete assessment.new text begin Upon
a request for assistance identifying community support, the person must be transferred
or referred to the services available under sections 256.975, subdivision 7, and 256.01,
subdivision 24, for telephone assistance and follow up.
new text end

(g) The person has the right to make the final decision between deleted text begin nursing
facilitydeleted text end new text begin institutionalnew text end placement and community placement after the deleted text begin screening team's
recommendationdeleted text end new text begin recommendations have been providednew text end , except as provided in subdivision
4a, paragraph (c).

(h) The team must give the person receiving assessment or support planning, or
the person's legal representative, materials, and forms supplied by the commissioner
containing the following information:

(1) the need for and purpose of preadmission screening if the person selects nursing
facility placement;

(2) the role of the long-term care consultation assessment and support planning in
waiver and alternative care program eligibility determination;

(3) information about Minnesota health care programs;

(4) the person's freedom to accept or reject the recommendations of the team;

(5) the person's right to confidentiality under the Minnesota Government Data
Practices Act, chapter 13;

(6) the long-term care consultant's decision regarding the person's need for deleted text begin nursing
facilitydeleted text end new text begin institutionalnew text end level of carenew text begin as determined under criteria established in section
144.0724, subdivision 11, or 256B.092new text end ; and

(7) the person's right to appeal the decision regarding the need for nursing facility
level of care or the county's final decisions regarding public programs eligibility according
to section 256.045, subdivision 3.

(i) Face-to-face assessment completed as part of eligibility determination for
the alternative care, elderly waiver, community alternatives for disabled individuals,
community alternative care, and traumatic brain injury waiver programs under sections
256B.0915, 256B.0917, and 256B.49 is valid to establish service eligibility for no more
than 60 calendar days after the date of assessment. The effective eligibility start date
for these programs can never be prior to the date of assessment. If an assessment was
completed more than 60 days before the effective waiver or alternative care program
eligibility start date, assessment and support plan information must be updated in a
face-to-face visit and documented in the department's Medicaid Management Information
System (MMIS). The effective date of program eligibility in this case cannot be prior to
the date the updated assessment is completed.

Minnesota Statutes 2008, section 256B.0911, subdivision 4a, is amended to
read:

(a) All applicants to Medicaid certified nursing facilities, including certified
boarding care facilities, must be screened prior to admission regardless of income, assets,
or funding sources for nursing facility care, except as described in subdivision 4b. The
purpose of the screening is to determine the need for nursing facility level of care as
described in paragraph (d) and to complete activities required under federal law related to
mental illness and developmental disability as outlined in paragraph (b).

(b) A person who has a diagnosis or possible diagnosis of mental illness or
developmental disability must receive a preadmission screening before admission
regardless of the exemptions outlined in subdivision 4b, paragraph (b), to identify the need
for further evaluation and specialized services, unless the admission prior to screening is
authorized by the local mental health authority or the local developmental disabilities case
manager, or unless authorized by the county agency according to Public Law 101-508.

The following criteria apply to the preadmission screening:

(1) the county must use forms and criteria developed by the commissioner to identify
persons who require referral for further evaluation and determination of the need for
specialized services; and

(2) the evaluation and determination of the need for specialized services must be
done by:

(i) a qualified independent mental health professional, for persons with a primary or
secondary diagnosis of a serious mental illness; or

(ii) a qualified developmental disability professional, for persons with a primary or
secondary diagnosis of developmental disability. For purposes of this requirement, a
qualified developmental disability professional must meet the standards for a qualified
developmental disability professional under Code of Federal Regulations, title 42, section
483.430.

(c) The local county mental health authority or the state developmental disability
authority under Public Law Numbers 100-203 and 101-508 may prohibit admission to a
nursing facility if the individual does not meet the nursing facility level of care criteria or
needs specialized services as defined in Public Law Numbers 100-203 and 101-508. For
purposes of this section, "specialized services" for a person with developmental disability
means active treatment as that term is defined under Code of Federal Regulations, title
42, section 483.440 (a)(1).

(d) The determination of the need for nursing facility level of care must be made
according to criteria new text begin established in section 144.0724, subdivision 11, and 256B.092,
using forms new text end developed by the commissioner. In assessing a person's needs, consultation
team members shall have a physician available for consultation and shall consider the
assessment of the individual's attending physician, if any. The individual's physician must
be included if the physician chooses to participate. Other personnel may be included on
the team as deemed appropriate by the county.

Minnesota Statutes 2008, section 256B.0911, subdivision 5, is amended to
read:

The commissioner shall minimize the number
of deleted text begin forms required in the provision of long-term care consultation services and shall
limit the screening document to items necessary for community support plan approval,
reimbursement, program planning, evaluation, and policy developmentdeleted text end new text begin business processes
required to provide the services in this section and shall implement integrated solutions
to automate the business processes to the extent necessary for community support plan
approval, reimbursement, program planning, evaluation, and policy developmentnew text end .

Minnesota Statutes 2008, section 256B.0911, subdivision 6, is amended to
read:

(a) The total payment
for each county must be paid monthly by certified nursing facilities in the county. The
monthly amount to be paid by each nursing facility for each fiscal year must be determined
by dividing the county's annual allocation for long-term care consultation services by 12
to determine the monthly payment and allocating the monthly payment to each nursing
facility based on the number of licensed beds in the nursing facility. Payments to counties
in which there is no certified nursing facility must be made by increasing the payment
rate of the two facilities located nearest to the county seat.

(b) The commissioner shall include the total annual payment determined under
paragraph (a) for each nursing facility reimbursed under section 256B.431 or 256B.434
according to section 256B.431, subdivision 2b, paragraph (g).

(c) In the event of the layaway, delicensure and decertification, or removal from
layaway of 25 percent or more of the beds in a facility, the commissioner may adjust
the per diem payment amount in paragraph (b) and may adjust the monthly payment
amount in paragraph (a). The effective date of an adjustment made under this paragraph
shall be on or after the first day of the month following the effective date of the layaway,
delicensure and decertification, or removal from layaway.

(d) Payments for long-term care consultation services are available to the county
or counties to cover staff salaries and expenses to provide the services described in
subdivision 1a. The county shall employ, or contract with other agencies to employ, within
the limits of available funding, sufficient personnel to provide long-term care consultation
services while meeting the state's long-term care outcomes and objectives as defined in
section 256B.0917, subdivision 1. The county shall be accountable for meeting local
objectives as approved by the commissioner in the biennial home and community-based
services quality assurance plan on a form provided by the commissioner.

(e) Notwithstanding section 256B.0641, overpayments attributable to payment of the
screening costs under the medical assistance program may not be recovered from a facility.

(f) The commissioner of human services shall amend the Minnesota medical
assistance plan to include reimbursement for the local consultation teams.

(g) The county may bill, as case management services, assessments, support
planning, and follow-along provided to persons determined to be eligible for case
management under Minnesota health care programs. No individual or family member
shall be charged for an initial assessment or initial support plan development provided
under subdivision 3a or 3b.

new text begin (h) The commissioner shall develop an alternative payment methodology for
long-term care consultation services that includes the funding available under this
subdivision, and sections 256B.092 and 256B.0659. In developing the new payment
methodology, the commissioner shall consider the maximization of federal funding for
this activity.
new text end

Minnesota Statutes 2008, section 256B.0911, subdivision 7, is amended to
read:

(a) Medical assistance
reimbursement for nursing facilities shall be authorized for a medical assistance recipient
only if a preadmission screening has been conducted prior to admission or the county has
authorized an exemption. Medical assistance reimbursement for nursing facilities shall
not be provided for any recipient who the local screener has determined does not meet the
level of care criteria for nursing facility placementnew text begin in section 144.0724, subdivision 11,new text end or,
if indicated, has not had a level II OBRA evaluation as required under the federal Omnibus
Budget Reconciliation Act of 1987 completed unless an admission for a recipient with
mental illness is approved by the local mental health authority or an admission for a
recipient with developmental disability is approved by the state developmental disability
authority.

(b) The nursing facility must not bill a person who is not a medical assistance
recipient for resident days that preceded the date of completion of screening activities as
required under subdivisions 4a, 4b, and 4c. The nursing facility must include unreimbursed
resident days in the nursing facility resident day totals reported to the commissioner.

Minnesota Statutes 2008, section 256B.0913, subdivision 4, is amended to
read:

(a) Funding for services under the alternative care program is available to persons who
meet the following criteria:

(1) the person has been determined by a community assessment under section
256B.0911 to be a person who would require the level of care provided in a nursing
facilitynew text begin according to the criteria established in section 144.0724, subdivision 11new text end , but for
the provision of services under the alternative care program;

(2) the person is age 65 or older;

(3) the person would be eligible for medical assistance within 135 days of admission
to a nursing facility;

(4) the person is not ineligible for the payment of long-term care services by the
medical assistance program due to an asset transfer penalty under section 256B.0595 or
equity interest in the home exceeding $500,000 as stated in section 256B.056;

(5) the person needs long-term care services that are not funded through other state
or federal funding;

(6) the monthly cost of the alternative care services funded by the program for
this person does not exceed 75 percent of the monthly limit described under section
256B.0915, subdivision 3a. This monthly limit does not prohibit the alternative care
client from payment for additional services, but in no case may the cost of additional
services purchased under this section exceed the difference between the client's monthly
service limit defined under section 256B.0915, subdivision 3, and the alternative care
program monthly service limit defined in this paragraph. If care-related supplies and
equipment or environmental modifications and adaptations are or will be purchased for
an alternative care services recipient, the costs may be prorated on a monthly basis for
up to 12 consecutive months beginning with the month of purchase. If the monthly cost
of a recipient's other alternative care services exceeds the monthly limit established in
this paragraph, the annual cost of the alternative care services shall be determined. In this
event, the annual cost of alternative care services shall not exceed 12 times the monthly
limit described in this paragraph; and

(7) the person is making timely payments of the assessed monthly fee.

A person is ineligible if payment of the fee is over 60 days past due, unless the person
agrees to:

(i) the appointment of a representative payee;

(ii) automatic payment from a financial account;

(iii) the establishment of greater family involvement in the financial management of
payments; or

(iv) another method acceptable to the lead agency to ensure prompt fee payments.

The lead agency may extend the client's eligibility as necessary while making
arrangements to facilitate payment of past-due amounts and future premium payments.
Following disenrollment due to nonpayment of a monthly fee, eligibility shall not be
reinstated for a period of 30 days.

(b) Alternative care funding under this subdivision is not available for a person
who is a medical assistance recipient or who would be eligible for medical assistance
without a spenddown or waiver obligation. A person whose initial application for medical
assistance and the elderly waiver program is being processed may be served under the
alternative care program for a period up to 60 days. If the individual is found to be eligible
for medical assistance, medical assistance must be billed for services payable under the
federally approved elderly waiver plan and delivered from the date the individual was
found eligible for the federally approved elderly waiver plan. Notwithstanding this
provision, alternative care funds may not be used to pay for any service the cost of which:
(i) is payable by medical assistance; (ii) is used by a recipient to meet a waiver obligation;
or (iii) is used to pay a medical assistance income spenddown for a person who is eligible
to participate in the federally approved elderly waiver program under the special income
standard provision.

(c) Alternative care funding is not available for a person who resides in a licensed
nursing home, certified boarding care home, hospital, or intermediate care facility, except
for case management services which are provided in support of the discharge planning
process for a nursing home resident or certified boarding care home resident to assist with
a relocation process to a community-based setting.

(d) Alternative care funding is not available for a person whose income is greater
than the maintenance needs allowance under section 256B.0915, subdivision 1d, but equal
to or less than 120 percent of the federal poverty guideline effective July 1 in the fiscal
year for which alternative care eligibility is determined, who would be eligible for the
elderly waiver with a waiver obligation.

Minnesota Statutes 2008, section 256B.0915, subdivision 3e, is amended to
read:

(a) Payment for customized living
services shall be a monthly rate deleted text begin negotiated anddeleted text end authorized by the lead agency within the
parameters established by the commissioner. The payment agreement must delineate the
deleted text begin services that have been customized for each recipient and specify thedeleted text end amount of each
new text begin component service included in the recipient's customized living new text end service deleted text begin to be provideddeleted text end new text begin
plannew text end . The lead agency shall ensure that there is a documented need deleted text begin for alldeleted text end new text begin within the
parameters established by the commissioner for all component customized living new text end services
authorized. deleted text begin Customized living services must not include rent or raw food costs.
deleted text end

new text begin (b) new text end The deleted text begin negotiateddeleted text end payment rate must be based on new text begin the amount of component new text end services
to be providednew text begin utilizing component rates established by the commissioner. Counties and
tribes shall use tools issued by the commissioner to develop and document customized
living service plans and ratesnew text end .

deleted text begin Negotiateddeleted text end new text begin (c) Component servicenew text end rates must not exceed payment rates for
comparable elderly waiver or medical assistance services and must reflect economies of
scale. new text begin Customized living services must not include rent or raw food costs.
new text end

deleted text begin (b)deleted text end new text begin (d) new text end The individualized monthly deleted text begin negotiateddeleted text end new text begin authorizednew text end payment for new text begin the
new text end customized living deleted text begin servicesdeleted text end new text begin service plannew text end shall not exceed deleted text begin the nonfederal share, in effect
on July 1 of the state fiscal year for which the rate limit is being calculated,deleted text end new text begin 50 percentnew text end
of the greater of either the statewide or any of the geographic groups' weighted average
monthly nursing facility rate of the case mix resident class to which the elderly waiver
eligible client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059,
less the maintenance needs allowance as described in subdivision 1d, paragraph (a), until
the July 1 of the state fiscal year in which the resident assessment system as described
in section 256B.438 for nursing home rate determination is implemented. Effective on
July 1 of the state fiscal year in which the resident assessment system as described in
section 256B.438 for nursing home rate determination is implemented and July 1 of each
subsequent state fiscal year, the individualized monthly deleted text begin negotiateddeleted text end new text begin authorizednew text end payment
for the services described in this clause shall not exceed the limit deleted text begin described in this clausedeleted text end
which was in effect on June 30 of the previous state fiscal year deleted text begin and which has been
adjusted by the greater of any legislatively adopted home and community-based services
cost-of-living percentage increase or any legislatively adopted statewide percent rate
increase for nursing facilitiesdeleted text end new text begin updated annually based on legislatively adopted changes to
all service rate maximums for home and community-based service providersnew text end .

deleted text begin (c)deleted text end new text begin (e) new text end Customized living services are delivered by a provider licensed by the
Department of Health as a class A or class F home care provider and provided in a
building that is registered as a housing with services establishment under chapter 144D.

Minnesota Statutes 2008, section 256B.0915, subdivision 3h, is amended to
read:

new text begin (a) new text end The
payment rates for 24-hour customized living services deleted text begin isdeleted text end new text begin are new text end a monthly rate deleted text begin negotiated anddeleted text end
authorized by the lead agency within the parameters established by the commissioner
of human services. The payment agreement must delineate the deleted text begin services that have been
customized for each recipient and specify thedeleted text end amount of each new text begin component service included
in each recipient's customized living new text end service deleted text begin to be provideddeleted text end new text begin plannew text end . The lead agency
shall ensure that there is a documented need new text begin within the parameters established by the
commissioner new text end for all new text begin component customized living new text end services authorized. The lead agency
shall not authorize 24-hour customized living services unless there is a documented need
for 24-hour supervision.

new text begin (b) new text end For purposes of this section, "24-hour supervision" means that the recipient
requires assistance due to needs related to one or more of the following:

(1) intermittent assistance with toileting or transferring;

(2) cognitive or behavioral issues;

(3) a medical condition that requires clinical monitoring; or

(4) other conditions or needs as defined by the commissioner of human services.
The lead agency shall ensure that the frequency and mode of supervision of the recipient
and the qualifications of staff providing supervision are described and meet the needs of
the recipient. deleted text begin Customized living services must not include rent or raw food costs.
deleted text end

new text begin (c) new text end The deleted text begin negotiateddeleted text end payment rate for 24-hour customized living services must be
based on new text begin the amount of component new text end services to be providednew text begin utilizing component rates
established by the commissioner. Counties and tribes will use tools issued by the
commissioner to develop and document customized living plans and authorize ratesnew text end .

deleted text begin Negotiateddeleted text end new text begin (d) Component servicenew text end rates must not exceed payment rates for
comparable elderly waiver or medical assistance services and must reflect economies
of scale.

new text begin (e) new text end The individually deleted text begin negotiateddeleted text end new text begin authorizednew text end 24-hour customized living payments,
in combination with the payment for other elderly waiver services, including case
management, must not exceed the recipient's community budget cap specified in
subdivision 3a.new text begin Customized living services must not include rent or raw food costs.
new text end

new text begin (f) The individually authorized 24-hour customized living payment rates shall not
exceed the 95 percentile of statewide monthly authorizations for 24-hour customized
living services in effect and in the Medicaid management information systems on March
31, 2009, for each case mix resident class under Minnesota Rules, parts 9549.0050
to 9549.0059, to which elderly waiver service clients are assigned. When there are
fewer than 50 authorizations in effect in the case mix resident class, the commissioner
shall multiply the calculated service payment rate maximum for the A classification by
the standard weight for that classification under Minnesota Rules, parts 9549.0050 to
9549.0059, to determine the applicable payment rate maximum. Service payment rate
maximums shall be updated annually based on legislatively adopted changes to all service
rates for home and community-based service providers.
new text end

new text begin (g) Notwithstanding the requirements of paragraphs (d) and (f), the commissioner
may establish an alternative payment rate system for 24-hour customized living services
by applying a single hourly rate for direct services provided in establishments, which
meet the following criteria:
new text end

new text begin (1) 24-hour customized living services must be provided in a shared living unit; and
new text end

new text begin (2) the unit is licensed as an adult foster care for no more than five residents or
licensed as a board and lodge facility with no more than ten residents.
new text end

Minnesota Statutes 2008, section 256B.0915, subdivision 5, is amended to
read:

new text begin (a) new text end Each client
shall receive an initial assessment of strengths, informal supports, and need for services
in accordance with section 256B.0911, subdivisions 3, 3a, and 3b. A reassessment of a
client served under the elderly waiver must be conducted at least every 12 months and at
other times when the case manager determines that there has been significant change in
the client's functioning. This may include instances where the client is discharged from
the hospital.new text begin There must be a determination that the client requires nursing facility level of
care as defined in section 144.0724, subdivision 11, at initial and subsequent assessments
to initiate and maintain participation in the waiver program.
new text end

new text begin (b) Regardless of other assessments identified in section 144.0724, subdivision
4, as appropriate to determine nursing facility level of care for purposes of medical
assistance payment for nursing facility services, only face-to-face assessments conducted
according to section 256B.0911, subdivisions 3a and 3b, that result in a nursing facility
level of care determination will be accepted for purposes of initial and ongoing access to
waiver service payment.
new text end

Minnesota Statutes 2008, section 256B.0915, is amended by adding a
subdivision to read:

new text begin The
commissioner shall adjust the elderly waiver capitation payment rates for managed care
organizations paid under section 256B.69, subdivisions 6a and 23, to reflect the maximum
service rate limits for customized living services and 24-hour customized living services
under subdivisions 3e and 3h for the contract period beginning January 1, 2010. Medical
assistance rates paid to customized living providers by managed care organizations
under this section shall not exceed the maximum service rate limits determined by the
commissioner under subdivisions 3e and 3h.
new text end

Minnesota Statutes 2008, section 256B.0917, is amended by adding a
subdivision to read:

new text begin (a) The purpose of the essential
community supports grant program is to provide targeted services to persons 65 years and
older who need essential community support, but whose needs do not meet the level of
care required for nursing facility placement under section 144.0724, subdivision 11.
new text end

new text begin (b) Within the limits of the appropriation and not to exceed $400 per person per
month, funding must be available to a person who:
new text end

new text begin (1) is age 65 or older;
new text end

new text begin (2) is not eligible for medical assistance;
new text end

new text begin (3) would otherwise be financially eligible for the alternative care program under
section 256B.0913, subdivision 4;
new text end

new text begin (4) has received a community assessment under section 256B.0911, subdivision 3a
or 3b, and does not require the level of care provided in a nursing facility;
new text end

new text begin (5) has a community support plan; and
new text end

new text begin (6) has been determined by a community assessment under section 256B.0911,
subdivision 3a or 3b, to be a person who would require provision of at least one of the
following services, as defined in the approved elderly waiver plan, in order to maintain
their community residence:
new text end

new text begin (i) caregiver support;
new text end

new text begin (ii) homemaker;
new text end

new text begin (iii) chore; or
new text end

new text begin (iv) a personal emergency response device or system.
new text end

new text begin (c) The person receiving any of the essential community supports in this subdivision
must also receive service coordination as part of their community support plan.
new text end

new text begin (d) A person who has been determined to be eligible for an essential community
support grant must be reassessed at least annually and continue to meet the criteria in
paragraph (b) to remain eligible for an essential community support grant.
new text end

new text begin (e) The commissioner shall allocate grants to counties and tribes under contract with
the department based upon the historic use of the medical assistance elderly waiver and
alternative care grant programs and other criteria as determined by the commissioner.
new text end

Minnesota Statutes 2008, section 256B.092, subdivision 8a, is amended to
read:

(a) If the county of financial responsibility wishes
to place a person in another county for services, the county of financial responsibility shall
seek concurrence from the proposed county of service and the placement shall be made
cooperatively between the two counties. Arrangements shall be made between the two
counties for ongoing social service, including annual reviews of the person's individual
service plan. The county where services are provided may not make changes in the
person's service plan without approval by the county of financial responsibility.

(b) When a person has been screened and authorized for services in an intermediate
care facility for persons with developmental disabilities or for home and community-based
services for persons with developmental disabilities, the case manager shall assist that
person in identifying a service provider who is able to meet the needs of the person
according to the person's individual service plan. If the identified service is to be provided
in a county other than the county of financial responsibility, the county of financial
responsibility shall request concurrence of the county where the person is requesting to
receive the identified services. The county of service may refuse to concur if:

(1) it can demonstrate that the provider is unable to provide the services identified in
the person's individual service plan as services that are needed and are to be provided;new text begin or
new text end

(2) in the case of an intermediate care facility for persons with developmental
disabilities, there has been no authorization for admission by the admission review team
as required in section 256B.0926deleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (3) in the case of home and community-based services for persons with
developmental disabilities, the county of service can demonstrate that the prospective
provider has failed to substantially comply with the terms of a past contract or has had a
prior contract terminated within the last 12 months for failure to provide adequate services,
or has received a notice of intent to terminate the contract.
deleted text end

(c) The county of service shall notify the county of financial responsibility of
concurrence or refusal to concur no later than 20 working days following receipt of the
written request. Unless other mutually acceptable arrangements are made by the involved
county agencies, the county of financial responsibility is responsible for costs of social
services and the costs associated with the development and maintenance of the placement.
The county of service may request that the county of financial responsibility purchase
case management services from the county of service or from a contracted provider
of case management when the county of financial responsibility is not providing case
management as defined in this section and rules adopted under this section, unless other
mutually acceptable arrangements are made by the involved county agencies. Standards
for payment limits under this section may be established by the commissioner. Financial
disputes between counties shall be resolved as provided in section 256G.09.

Minnesota Statutes 2008, section 256B.092, is amended by adding a
subdivision to read:

new text begin (a) Upon federal approval, there is
established a new service called residential support that is available on the CAC, CADI,
DD, and TBI waivers. Existing waiver service descriptions must be modified to the extent
necessary to ensure there is no duplication between other services. Residential support
services must be provided by vendors licensed under category community residential
setting as defined in section 245A.11, subdivision 8.
new text end

new text begin (b) Residential support services must meet the following criteria:
new text end

new text begin (1) providers of residential support services must own or control the residential site;
new text end

new text begin (2) the residential site must not be the primary residence of the license holder;
new text end

new text begin (3) the residential site must have a designated program supervisor responsible for
program oversight, development, and implementation of policies and procedures;
new text end

new text begin (4) the provider of residential support services must provide supervision, training,
and assistance as described in the person's community support plan; and
new text end

new text begin (5) the provider of residential support services must meet the requirements of
licensure and additional requirements of the person's community support plan.
new text end

new text begin (c) Providers of residential support services that meet the definition in paragraph (a)
must be registered using a process determined by the commissioner beginning July 1, 2009.
new text end

Minnesota Statutes 2008, section 256B.37, subdivision 1, is amended to read:

Upon furnishing medical assistance new text begin or alternative
care services under section 256B.0913 new text end to any person who has private accident or health
care coverage, or receives or has a right to receive health or medical care from any
type of organization or entity, or has a cause of action arising out of an occurrence that
necessitated the payment of medical assistance, the state agency or the state agency's agent
shall be subrogated, to the extent of the cost of medical care furnished, to any rights the
person may have under the terms of the coverage, or against the organization or entity
providing or liable to provide health or medical care, or under the cause of action.

The right of subrogation created in this section includes all portions of the cause
of action, notwithstanding any settlement allocation or apportionment that purports to
dispose of portions of the cause of action not subject to subrogation.

Minnesota Statutes 2008, section 256B.37, subdivision 5, is amended to read:

Private accident and health care coverage
including Medicare for medical services is primary coverage and must be exhausted before
medical assistance deleted text begin isdeleted text end new text begin or alternative care services are new text end paid for medical services including
home health care, personal care assistant services, hospice, new text begin supplies and equipment, new text end or
services covered under a Centers for Medicare and Medicaid Services waiver. When a
person who is otherwise eligible for medical assistance has private accident or health care
coverage, including Medicare or a prepaid health plan, the private health care benefits
available to the person must be used first and to the fullest extent.

Minnesota Statutes 2008, section 256B.437, subdivision 6, is amended to read:

(a) The commissioner of human
services shall calculate the amount of the planned closure rate adjustment available under
subdivision 3, paragraph (b), for up to 5,140 beds according to clauses (1) to (4):

(1) the amount available is the net reduction of nursing facility beds multiplied
by $2,080;

(2) the total number of beds in the nursing facility or facilities receiving the planned
closure rate adjustment must be identified;

(3) capacity days are determined by multiplying the number determined under
clause (2) by 365; and

(4) the planned closure rate adjustment is the amount available in clause (1), divided
by capacity days determined under clause (3).

(b) A planned closure rate adjustment under this section is effective on the first day
of the month following completion of closure of the facility designated for closure in the
application and becomes part of the nursing facility's total operating payment rate.

(c) Applicants may use the planned closure rate adjustment to allow for a property
payment for a new nursing facility or an addition to an existing nursing facility or as an
operating payment rate adjustment. Applications approved under this subdivision are
exempt from other requirements for moratorium exceptions under section 144A.073,
subdivisions 2 and 3.

(d) Upon the request of a closing facility, the commissioner must allow the facility a
closure rate adjustment as provided under section 144A.161, subdivision 10.

(e) A facility that has received a planned closure rate adjustment may reassign it
to another facility that is under the same ownership at any time within three years of its
effective date. The amount of the adjustment shall be computed according to paragraph (a).

(f) If the per bed dollar amount specified in paragraph (a), clause (1), is increased,
the commissioner shall recalculate planned closure rate adjustments for facilities that
delicense beds under this section on or after July 1, 2001, to reflect the increase in the per
bed dollar amount. The recalculated planned closure rate adjustment shall be effective
from the date the per bed dollar amount is increased.

new text begin (g) For planned closures approved after June 30, 2009, the commissioner of human
services shall calculate the amount of the planned closure rate adjustment available under
subdivision 3, paragraph (b), according to paragraph (a), clauses (1) to (4).
new text end

Minnesota Statutes 2008, section 256B.441, is amended by adding a
subdivision to read:

new text begin Notwithstanding Minnesota Rules, part 9549.0070, subpart 3, beginning on October 1,
2009, the commissioner shall allow a single-bed payment rate for any medical assistance
recipient residing in a single-bed room regardless of having physician's orders for a
single-bed room. The amount of the single-bed payment shall be 110 percent of the
payment rate for the individual recipient. This subdivision does not affect the use of the
single-bed election under Minnesota Rules, part 9549.0060, subpart 11.
new text end

Minnesota Statutes 2008, section 256B.441, is amended by adding a
subdivision to read:

new text begin Notwithstanding subdivisions 53 and
55, for rate years beginning on October 1, 2009, and after, no rate adjustments shall be
implemented under this section. For rate years beginning October 1, 2009, and after,
nursing facility rates shall be determined under section 256B.434.
new text end

Minnesota Statutes 2008, section 256B.49, subdivision 12, is amended to read:

Persons who are determined likely to require the
level of care provided in a nursing facility new text begin as determined under sections 256B.0911 and
144.0724, subdivision 11, new text end or hospital shall be informed of the home and community-based
support alternatives to the provision of inpatient hospital services or nursing facility
services. Each person must be given the choice of either institutional or home and
community-based services using the provisions described in section 256B.77, subdivision
2, paragraph (p).

Minnesota Statutes 2008, section 256B.49, subdivision 13, is amended to read:

(a) Each recipient of a home and community-based
waiver shall be provided case management services by qualified vendors as described
in the federally approved waiver application. The case management service activities
provided will include:

(1) assessing the needs of the individual within 20 working days of a recipient's
request;

(2) developing the written individual service plan within ten working days after the
assessment is completed;

(3) informing the recipient or the recipient's legal guardian or conservator of service
options;

(4) assisting the recipient in the identification of potential service providers;

(5) assisting the recipient to access services;

(6) coordinating, evaluating, and monitoring of the services identified in the service
plan;

(7) completing the annual reviews of the service plan; and

(8) informing the recipient or legal representative of the right to have assessments
completed and service plans developed within specified time periods, and to appeal county
action or inaction under section 256.045, subdivision 3new text begin , including the determination of
nursing facility level of carenew text end .

(b) The case manager may delegate certain aspects of the case management service
activities to another individual provided there is oversight by the case manager. The case
manager may not delegate those aspects which require professional judgment including
assessments, reassessments, and care plan development.

Minnesota Statutes 2008, section 256B.49, subdivision 14, is amended to read:

(a) Assessments of each recipient's
strengths, informal support systems, and need for services shall be completed within
20 working days of the recipient's request. Reassessment of each recipient's strengths,
support systems, and need for services shall be conducted at least every 12 months and at
other times when there has been a significant change in the recipient's functioning.

(b) new text begin There must be a determination that the client requires a hospital level of care or a
nursing facility level of care as defined in section 144.0724, subdivision 11, at initial and
subsequent assessments to initiate and maintain participation in the waiver program.
new text end

new text begin (c) Regardless of other assessments identified in section 144.0724, subdivision 4, as
appropriate to determine nursing facility level of care for purposes of medical assistance
payment for nursing facility services, only face-to-face assessments conducted according
to section 256B.0911, subdivisions 3a, 3b, and 4d, that result in a hospital level of care
determination or a nursing facility level of care determination must be accepted for
purposes of initial and ongoing access to waiver services payment.
new text end

new text begin (d) new text end Persons with developmental disabilities who apply for services under the nursing
facility level waiver programs shall be screened for the appropriate level of care according
to section 256B.092.

deleted text begin (c)deleted text end new text begin (e) new text end Recipients who are found eligible for home and community-based services
under this section before their 65th birthday may remain eligible for these services after
their 65th birthday if they continue to meet all other eligibility factors.

Minnesota Statutes 2008, section 256B.49, is amended by adding a
subdivision to read:

new text begin For the purposes of this section, the
provisions of section 256B.092, subdivision 11, are controlling.
new text end

new text begin For the home and community-based
waivers providing services to seniors and individuals with disabilities, the commissioner
shall establish:
new text end

new text begin (1) agreements with enrolled waiver service providers to ensure providers meet
qualifications defined in the waiver plans;
new text end

new text begin (2) regular reviews of provider qualifications; and
new text end

new text begin (3) processes to gather the necessary information to determine provider
qualifications.
new text end

new text begin By July 2010, staff that provide direct contact, as defined in section 245C.02, subdivision
11, that are employees of waiver service providers must meet the requirements of chapter
245C prior to providing waiver services and as part of ongoing enrollment. Upon federal
approval, this requirement must also apply to consumer-directed community supports.
new text end

new text begin The commissioner shall establish
statewide rate-setting methodologies that meet federal waiver requirements for home
and community-based waiver services for individuals with disabilities. The rate-setting
methodologies must abide by the principles of transparency and equitability across the
state. The methodologies must involve a uniform process of structuring rates for each
service and must promote quality and participant choice.
new text end

Minnesota Statutes 2008, section 256B.5012, is amended by adding a
subdivision to read:

new text begin The commissioner shall
decrease each facility reimbursed under this section operating payment adjustments
equal to 3.0 percent of the operating payment rates in effect on June 30, 2009. For each
facility, the commissioner shall implement the rate reduction, based on occupied beds,
using the percentage specified in this subdivision multiplied by the total payment rate,
including the variable rate but excluding the property-related payment rate, in effect on
the preceding date. The total rate reduction shall include the adjustment provided in
section 256B.502, subdivision 7.
new text end

new text begin Effective July 1, 2009, providers who received rate increases under Laws 2007,
chapter 147, article 7, section 71, as amended by Laws 2008, chapter 363, article 15,
section 17, and Minnesota Statutes, section 256B.5012, subdivision 7, for state fiscal years
2008 and 2009 are no longer required to continue or retain employee compensation or
wage-related increases required by those sections.
new text end

new text begin (a) The commissioner of human services shall form a work group with counties, in
consultation with other stakeholders, to develop recommendations and priorities for the
portion of funding to be allocated to counties for aging and disability services for adults.
This funding must be transferred from the Children and Community Services Act (CCSA)
distribution beginning July 1, 2011, and the CCSA distribution of county social services
block grant funds beginning January 1, 2011.
new text end

new text begin (b) Starting January 1, 2011, funding for aging and disability services for adults
must be governed under the CCSA under Minnesota Statutes, chapter 256M, pending final
enactment of the legislation in paragraph (d).
new text end

new text begin (c) The work group's recommendations must include:
new text end

new text begin (1) identification of the priorities and targeted activities for this funding; and
new text end

new text begin (2) the funding allocation method to counties that must be effective January 1, 2011.
new text end

new text begin (d) The commissioner shall draft legislation for the 2010 legislative session that is
necessary for the implementation of this funding allocation method. This allocation shall
thereafter be referred to as the "Protecting Adults Act."
new text end

new text begin This section is effective July 1, 2009.
new text end

new text begin (a) The commissioner of human services shall decrease grants, allocations,
reimbursement rates, or rate limits, as applicable, by 3.0 percent effective July 1, 2009, for
services rendered on or after that date. County or tribal contracts for services specified
in this section must be amended to pass through these rate reductions within 60 days of
the effective date of the decrease and must be retroactive from the effective date of the
rate decrease.
new text end

new text begin (b) The annual rate decreases described in this section must be provided to:
new text end

new text begin (1) home and community-based waivered services for persons with developmental
disabilities or related conditions, including consumer-directed community supports, under
Minnesota Statutes, section 256B.501;
new text end

new text begin (2) home and community-based waivered services for the elderly, including
consumer-directed community supports, under Minnesota Statutes, section 256B.0915;
new text end

new text begin (3) waivered services under community alternatives for disabled individuals,
including consumer-directed community supports, under Minnesota Statutes, section
256B.49;
new text end

new text begin (4) community alternative care waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;
new text end

new text begin (5) traumatic brain injury waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;
new text end

new text begin (6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;
new text end

new text begin (7) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
new text end

new text begin (8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7;
new text end

new text begin (9) day training and habilitation services for adults with developmental disabilities
or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
additional cost of rate adjustments on day training and habilitation services, provided as a
social service under Minnesota Statutes, section 256M.60;
new text end

new text begin (10) alternative care services under Minnesota Statutes, section 256B.0913;
new text end

new text begin (11) the group residential housing supplementary service rate under Minnesota
Statutes, section 256I.05, subdivision 1a;
new text end

new text begin (12) semi-independent living services (SILS) under Minnesota Statutes, section
252.275, including SILS funding under county social services grants formerly funded
under Minnesota Statutes, chapter 256I;
new text end

new text begin (13) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication
under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9;
and Laws 1997, First Special Session chapter 5, section 20;
new text end

new text begin (14) physical therapy services under Minnesota Statutes, sections 256B.0625,
subdivision 8, and 256D.03, subdivision 4;
new text end

new text begin (15) occupational therapy services under Minnesota Statutes, sections 256B.0625,
subdivision 8a, and 256D.03, subdivision 4;
new text end

new text begin (16) speech-language therapy services under Minnesota Statutes, section 256D.03,
subdivision 4, and Minnesota Rules, part 9505.0390;
new text end

new text begin (17) respiratory therapy services under Minnesota Statutes, section 256D.03,
subdivision 4, and Minnesota Rules, part 9505.0295;
new text end

new text begin (18) consumer support grants under Minnesota Statutes, section 256.476;
new text end

new text begin (19) family support grants under Minnesota Statutes, section 252.32;
new text end

new text begin (20) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
and 256B.0928;
new text end

new text begin (21) disability linkage line grants under Minnesota Statutes, section 256.01,
subdivision 24; and
new text end

new text begin (22) housing access grants under Minnesota Statutes, section 256B.0658.
new text end

new text begin (c) A managed care plan receiving state payments for the services in this section
must include these decreases in their payments to providers effective on January 1
following the effective date of the rate decrease.
new text end

new text begin (a) The revisor of statutes shall
renumber each section of Minnesota Statutes listed in column A with the number in
column B.
new text end

new text begin Column A new text end	new text begin Column B new text end
new text begin 256B.0652, subdivision 3 new text end	new text begin 256B.0652, subdivision 14 new text end
new text begin 256B.0651, subdivision 6, paragraph (a) new text end	new text begin 256B.0652, subdivision 3 new text end
new text begin 256B.0651, subdivision 6, paragraph (b) new text end	new text begin 256B.0652, subdivision 4 new text end
new text begin 256B.0651, subdivision 6, paragraph (c) new text end	new text begin 256B.0652, subdivision 7 new text end
new text begin 256B.0651, subdivision 7, paragraph (a) new text end	new text begin 256B.0652, subdivision 8 new text end
new text begin 256B.0651, subdivision 7, paragraph (b) new text end	new text begin 256B.0652, subdivision 14 new text end
new text begin 256B.0651, subdivision 8 new text end	new text begin 256B.0652, subdivision 9 new text end
new text begin 256B.0651, subdivision 9 new text end	new text begin 256B.0652, subdivision 10 new text end
new text begin 256B.0651, subdivision 11 new text end	new text begin 256B.0652, subdivision 11 new text end
new text begin 256B.0654, subdivision 2 new text end	new text begin 256B.0652, subdivision 5 new text end
new text begin 256B.0655, subdivision 4 new text end	new text begin 256B.0652, subdivision 6 new text end

new text begin (b) The revisor of statutes shall make necessary cross-reference changes in statutes
and rules consistent with the renumbering in paragraph (a). The Department of Human
Services shall assist the revisor with any cross-reference changes. The revisor may make
changes necessary to correct the punctuation, grammar, or structure of the remaining text
to conform with the intent of the renumbering in paragraph (a).
new text end

new text begin The revisor of statutes
shall replace any reference to Minnesota Statutes, section 256B.0655 with section
256B.0659, wherever it appears in statutes or rules. The revisor shall correct any cross
reference changes that are necessary as a result of this section. The Department of Human
Services shall assist the revisor in making these changes, and if necessary, shall draft a
corrections bill with changes for introduction in the 2010 legislative session. The revisor
may make changes to punctuation, grammar, or sentence structure to preserve the integrity
of statutes and effectuate the intention of this section.
new text end

new text begin (a) Minnesota Statutes 2008, sections 256B.19, subdivision 1d; and 256B.431,
subdivision 23, new text end new text begin are repealed effective May 1, 2009.
new text end

new text begin (b) new text end new text begin Laws 1988, chapter 689, section 251, new text end new text begin is repealed effective July 1, 2009.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2008, section 256B.0951, new text end new text begin is repealed effective July 1, 2009.
new text end

new text begin (d) new text end new text begin Minnesota Statutes 2008, sections 256B.0655, subdivisions 1, 1a, 1b, 1c, 1d,
1e, 1f, 1g, 1h, 1i, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13; and 256B.071, subdivisions 1,
2, 3, and 4, new text end new text begin are repealed.
new text end

Minnesota Statutes 2008, section 119B.09, subdivision 7, is amended to read:

(a) The date of eligibility for child
care assistance under this chapter is the later of the date the application was signed; the
beginning date of employment, education, or training; the date the infant is born for
applicants to the at-home infant care program; or the date a determination has been made
that the applicant is a participant in employment and training services under Minnesota
Rules, part 3400.0080, or chapter 256J.

(b) Payment ceases for a family under the at-home infant child care program when a
family has used a total of 12 months of assistance as specified under section 119B.035.
Payment of child care assistance for employed persons on MFIP is effective the date of
employment or the date of MFIP eligibility, whichever is later. Payment of child care
assistance for MFIP or DWP participants in employment and training services is effective
the date of commencement of the services or the date of MFIP or DWP eligibility,
whichever is later. Payment of child care assistance for transition year child care must be
made retroactive to the date of eligibility for transition year child care.

new text begin (c) Notwithstanding paragraph (b), payment of child care assistance for participants
eligible under section 119B.05 may only be made retroactive for a maximum of six
months from the date of application for child care assistance.
new text end

new text begin This section is effective October 1, 2009.
new text end

Minnesota Statutes 2008, section 119B.12, subdivision 1, is amended to read:

In setting the sliding fee schedule, the commissioner
shall exclude from the amount of income used to determine eligibility an amount for
federal and state income and Social Security taxes attributable to that income level
according to federal and state standardized tax tables. The commissioner shall base the
parent fee on the ability of the family to pay for child care. The fee schedule must be
designed to use any available tax credits.

PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted
in subdivision 2:

Income Range (as a percent of the state median income, except at the start of the first tier)	Co-payment (as a percentage of adjusted gross income)
0-74.99% of federal poverty guidelines	$0/month
75.00-99.99% of federal poverty guidelines	$5/month
100.00% of federal poverty guidelines-27.72%	deleted text begin 2.61% deleted text end new text begin 2.69% new text end
27.73-29.04%	deleted text begin 2.61% deleted text end new text begin 2.69% new text end
29.05-30.36%	deleted text begin 2.61% deleted text end new text begin 2.69% new text end
30.37-31.68%	deleted text begin 2.61% deleted text end new text begin 2.69% new text end
31.69-33.00%	deleted text begin 2.91% deleted text end new text begin 3.00% new text end
33.01-34.32%	deleted text begin 2.91% deleted text end new text begin 3.00% new text end
34.33-35.65%	deleted text begin 2.91% deleted text end new text begin 3.00% new text end
35.66-36.96%	deleted text begin 2.91% deleted text end new text begin 3.00% new text end
36.97-38.29%	deleted text begin 3.21% deleted text end new text begin 3.31% new text end
38.30-39.61%	deleted text begin 3.21% deleted text end new text begin 3.31% new text end
39.62-40.93%	deleted text begin 3.21% deleted text end new text begin 3.31% new text end
40.94-42.25%	deleted text begin 3.84% deleted text end new text begin 3.96% new text end
42.26-43.57%	deleted text begin 3.84% deleted text end new text begin 3.96% new text end
43.58-44.89%	deleted text begin 4.46% deleted text end new text begin 4.59% new text end
44.90-46.21%	deleted text begin 4.76% deleted text end new text begin 4.90% new text end
46.22-47.53%	deleted text begin 5.05% deleted text end new text begin 5.20% new text end
47.54-48.85%	deleted text begin 5.65% deleted text end new text begin 5.82% new text end
48.86-50.17%	deleted text begin 5.95% deleted text end new text begin 6.13% new text end
50.18-51.49%	deleted text begin 6.24% deleted text end new text begin 6.43% new text end
51.50-52.81%	deleted text begin 6.84% deleted text end new text begin 7.05% new text end
52.82-54.13%	deleted text begin 7.58% deleted text end new text begin 7.81% new text end
54.14-55.45%	deleted text begin 8.33% deleted text end new text begin 8.58% new text end
55.46-56.77%	deleted text begin 9.20% deleted text end new text begin 9.48% new text end
56.78-58.09%	deleted text begin 10.07% deleted text end new text begin 10.37% new text end
58.10-59.41%	deleted text begin 10.94% deleted text end new text begin 11.27% new text end
59.42-60.73%	deleted text begin 11.55% deleted text end new text begin 11.90% new text end
60.74-62.06%	deleted text begin 12.16% deleted text end new text begin 12.52% new text end
62.07-63.38%	deleted text begin 12.77% deleted text end new text begin 13.15% new text end
63.39-64.70%	deleted text begin 13.38% deleted text end new text begin 13.78% new text end
64.71-66.99%	deleted text begin 14.00% deleted text end new text begin 14.42% new text end
67.00%	ineligible

A family's monthly co-payment fee is the fixed percentage established for the
income range multiplied by the highest possible income within that income range.

Minnesota Statutes 2008, section 119B.13, subdivision 1, is amended to read:

(a) Beginning July 1, deleted text begin 2006deleted text end new text begin 2009new text end , the
maximum rate paid for child care assistance in any county or multicounty region under the
child care fund shall be the rate for like-care arrangements in the county effective deleted text begin January
1, 2006, increaseddeleted text end new text begin July 1, 2008, decreased new text end by deleted text begin sixdeleted text end new text begin threenew text end percent.

deleted text begin (b) Rate changes shall be implemented for services provided in September 2006
unless a participant eligibility redetermination or a new provider agreement is completed
between July 1, 2006, and August 31, 2006.
deleted text end

deleted text begin As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
deleted text end

deleted text begin New cases approved on or after July 1, 2006, shall have the maximum rates under
paragraph (a), implemented immediately.
deleted text end

deleted text begin (c)deleted text end new text begin (b) new text end Every year, the commissioner shall survey rates charged by child care
providers in Minnesota to determine the 75th percentile for like-care arrangements in
counties. When the commissioner determines that, using the commissioner's established
protocol, the number of providers responding to the survey is too small to determine
the 75th percentile rate for like-care arrangements in a county or multicounty region,
the commissioner may establish the 75th percentile maximum rate based on like-care
arrangements in a county, region, or category that the commissioner deems to be similar.

deleted text begin (d)deleted text end new text begin (c) new text end A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.

deleted text begin (e)deleted text end new text begin (d) new text end The department shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.

deleted text begin (f)deleted text end new text begin (e) new text end When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.

deleted text begin (g)deleted text end new text begin (f) new text end All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.

Minnesota Statutes 2008, section 119B.13, subdivision 6, is amended to read:

(a) Counties or the state shall make vendor payments
to the child care provider or pay the parent directly for eligible child care expenses.

(b) If payments for child care assistance are made to providers, the provider shall
bill the county for services provided within ten days of the end of the service period. If
bills are submitted within ten days of the end of the service period, a county or the state
shall issue payment to the provider of child care under the child care fund within 30 days
of receiving a bill from the provider. Counties or the state may establish policies that
make payments on a more frequent basis.

(c) deleted text begin All billsdeleted text end new text begin If a provider has received an authorization of care and been issued a
billing form for an eligible family, the bill new text end must be submitted within 60 days of the last
date of service on the bill. A county may pay a bill submitted more than 60 days after
the last date of service if the provider shows good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county
error. A county may not pay any bill submitted more than a year after the last date of
service on the bill.

new text begin (d) If a provider provided care for a time period without receiving an authorization
of care and a billing form for an eligible family, payment of child care assistance may only
be made retroactively for a maximum of six months from the date the provider is issued
an authorization of care and billing form.
new text end

deleted text begin (d)deleted text end new text begin (e) new text end A county may stop payment issued to a provider or may refuse to pay a
bill submitted by a provider if:

(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms; or

(2) a county finds by a preponderance of the evidence that the provider intentionally
gave the county materially false information on the provider's billing forms.

deleted text begin (e)deleted text end new text begin (f) new text end A county's payment policies must be included in the county's child care plan
under section 119B.08, subdivision 3. If payments are made by the state, in addition to
being in compliance with this subdivision, the payments must be made in compliance
with section 16A.124.

new text begin This section is effective October 1, 2009.
new text end

Minnesota Statutes 2008, section 256J.20, subdivision 3, is amended to read:

To be eligible for MFIP, the equity value of
all nonexcluded real and personal property of the assistance unit must not exceed $2,000
for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
(19) must be excluded when determining the equity value of real and personal property:

(1) a licensed vehicle up to a loan value of less than or equal to deleted text begin $15,000deleted text end new text begin $7,500new text end . deleted text begin If the
assistance unit owns more than one licensed vehicle, the county agency shall determine the
loan value of all additional vehicles and exclude the combined loan value of less than or
equal to $7,500.deleted text end The county agency shall apply any excess loan value as if it were equity
value to the asset limit described in this sectiondeleted text begin ,deleted text end new text begin . If the assistance unit owns more than
one licensed vehicle, the county agency shall determine the vehicle with the highest loan
value and count only the loan value over $7,500,new text end excluding: (i) the value of one vehicle
per physically disabled person when the vehicle is needed to transport the disabled unit
member; this exclusion does not apply to mentally disabled people; (ii) the value of special
equipment for a disabled member of the assistance unit; and (iii) any vehicle used for
long-distance travel, other than daily commuting, for the employment of a unit member.

new text begin The county agency shall count the loan value of all other vehicles and apply this
amount as if it were equity value to the asset limit described in this section. new text end To establish the
loan value of vehicles, a county agency must use the N.A.D.A. Official Used Car Guide,
Midwest Edition, for newer model cars. When a vehicle is not listed in the guidebook,
or when the applicant or participant disputes the loan value listed in the guidebook as
unreasonable given the condition of the particular vehicle, the county agency may require
the applicant or participant document the loan value by securing a written statement from
a motor vehicle dealer licensed under section 168.27, stating the amount that the dealer
would pay to purchase the vehicle. The county agency shall reimburse the applicant or
participant for the cost of a written statement that documents a lower loan value;

(2) the value of life insurance policies for members of the assistance unit;

(3) one burial plot per member of an assistance unit;

(4) the value of personal property needed to produce earned income, including
tools, implements, farm animals, inventory, business loans, business checking and
savings accounts used at least annually and used exclusively for the operation of a
self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
is to produce income and if the vehicles are essential for the self-employment business;

(5) the value of personal property not otherwise specified which is commonly
used by household members in day-to-day living such as clothing, necessary household
furniture, equipment, and other basic maintenance items essential for daily living;

(6) the value of real and personal property owned by a recipient of Supplemental
Security Income or Minnesota supplemental aid;

(7) the value of corrective payments, but only for the month in which the payment
is received and for the following month;

(8) a mobile home or other vehicle used by an applicant or participant as the
applicant's or participant's home;

(9) money in a separate escrow account that is needed to pay real estate taxes or
insurance and that is used for this purpose;

(10) money held in escrow to cover employee FICA, employee tax withholding,
sales tax withholding, employee worker compensation, business insurance, property rental,
property taxes, and other costs that are paid at least annually, but less often than monthly;

(11) monthly assistance payments for the current month's or short-term emergency
needs under section 256J.626, subdivision 2;

(12) the value of school loans, grants, or scholarships for the period they are
intended to cover;

(13) payments listed in section 256J.21, subdivision 2, clause (9), which are held
in escrow for a period not to exceed three months to replace or repair personal or real
property;

(14) income received in a budget month through the end of the payment month;

(15) savings from earned income of a minor child or a minor parent that are set aside
in a separate account designated specifically for future education or employment costs;

(16) the federal earned income credit, Minnesota working family credit, state and
federal income tax refunds, state homeowners and renters credits under chapter 290A,
property tax rebates and other federal or state tax rebates in the month received and the
following month;

(17) payments excluded under federal law as long as those payments are held in a
separate account from any nonexcluded funds;

(18) the assets of children ineligible to receive MFIP benefits because foster care or
adoption assistance payments are made on their behalf; and

(19) the assets of persons whose income is excluded under section 256J.21,
subdivision 2, clause (43).

new text begin This section is effective March 1, 2010.
new text end

Minnesota Statutes 2008, section 256J.24, subdivision 5a, is amended to read:

The commissioner
shall adjust the food portion of the MFIP transitional standard deleted text begin by October 1 each year
beginning October 1998deleted text end new text begin as needednew text end to reflect deleted text begin the cost-of-livingdeleted text end adjustments to the food
deleted text begin Stampdeleted text end new text begin supportnew text end program. The commissioner shall deleted text begin annuallydeleted text end publish deleted text begin in the State Registerdeleted text end
the transitional standard for an assistance unit of sizes one to tennew text begin in the State Register
whenever an adjustment is madenew text end .

Minnesota Statutes 2008, section 256J.24, subdivision 10, is amended to read:

The commissioner shall adjust the MFIP earned income
disregard to ensure that most participants do not lose eligibility for MFIP until their
income reaches at least deleted text begin 115deleted text end new text begin 110new text end percent of the federal poverty guidelines in effect deleted text begin in
October of each fiscal yeardeleted text end new text begin at the time of the adjustmentnew text end . The adjustment to the disregard
shall be based on a household size of three, and the resulting earned income disregard
percentage must be applied to all household sizes. The adjustment under this subdivision
must be implemented deleted text begin at the same time as the October food stamp ordeleted text end new text begin whenever there is anew text end
food support deleted text begin cost-of-livingdeleted text end adjustment deleted text begin isdeleted text end reflected in the food portion of MFIP transitional
standard as required under subdivision 5a.

Minnesota Statutes 2008, section 256J.37, subdivision 3a, is amended to read:

(a) deleted text begin Effective July 1, 2003,deleted text end The
county agency shall count deleted text begin $50deleted text end new text begin $100 new text end of the value of public and assisted rental subsidies
provided through the Department of Housing and Urban Development (HUD) as unearned
income to the cash portion of the MFIP grant. The full amount of the subsidy must be
counted as unearned income when the subsidy is less than deleted text begin $50deleted text end new text begin $100new text end . The income from
this subsidy shall be budgeted according to section 256J.34.

(b) The provisions of this subdivision shall not apply to an MFIP assistance unit
which includes a participant who is:

(1) age 60 or older;

(2) a caregiver who is suffering from an illness, injury, or incapacity that has been
certified by a qualified professional when the illness, injury, or incapacity is expected
to continue for more than 30 days and prevents the person from obtaining or retaining
employment; or

(3) a caregiver whose presence in the home is required due to the illness or
incapacity of another member in the assistance unit, a relative in the household, or a foster
child in the household when the illness or incapacity and the need for the participant's
presence in the home has been certified by a qualified professional and is expected to
continue for more than 30 days.

(c) The provisions of this subdivision shall not apply to an MFIP assistance unit
where the parental caregiver is an SSI recipient.

(d) Prior to implementing this provision, the commissioner must identify the MFIP
participants subject to this provision and provide written notice to these participants at
least 30 days before the first grant reduction. The notice must inform the participant of the
basis for the potential grant reduction, the exceptions to the provision, if any, and inform
the participant of the steps necessary to claim an exception. A person who is found not to
meet one of the exceptions to the provision must be notified and informed of the right to a
fair hearing under section 256J.40. The notice must also inform the participant that the
participant may be eligible for a rent reduction resulting from a reduction in the MFIP
grant and encourage the participant to contact the local housing authority.

new text begin This section is effective February 1, 2010.
new text end

Minnesota Statutes 2008, section 256J.37, is amended by adding a subdivision
to read:

new text begin Effective March 1,
2010, the county shall reduce the cash portion of the MFIP grant by up to $125 for an
MFIP assistance unit that includes one or more Supplemental Security Income (SSI)
recipients who reside in the household, and who would otherwise be included in the MFIP
assistance unit under section 256J.24, subdivision 2, but are excluded solely due to the
SSI recipient status under section 256J.24, subdivision 3, paragraph (a), clause (1). If
the SSI recipient or recipients receive less than $125 of SSI, only the amount received
must be used in calculating the MFIP cash assistance payment. This provision does not
apply to relative caregivers who could elect to be included in the MFIP assistance unit
under section 256J.24, subdivision 4, unless the caregiver's children or stepchildren are
included in the MFIP assistance unit.
new text end

new text begin This section is effective March 1, 2010.
new text end

Minnesota Statutes 2008, section 256J.53, subdivision 2, is amended to read:

(a) In order for a
postsecondary education or training program to be an approved activity in an employment
plan, the deleted text begin plan must include additional work activities if the education and training
activities do not meet the minimum hours required to meet the federal work participation
rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35deleted text end new text begin participant
must be working in unsubsidized employment at least 20 hours per weeknew text end .

(b) Participants seeking approval of a postsecondary education or training plan
must provide documentation that:

(1) the employment goal can only be met with the additional education or training;

(2) there are suitable employment opportunities that require the specific education or
training in the area in which the participant resides or is willing to reside;

(3) the education or training will result in significantly higher wages for the
participant than the participant could earn without the education or training;

(4) the participant can meet the requirements for admission into the program; and

(5) there is a reasonable expectation that the participant will complete the training
program based on such factors as the participant's MFIP assessment, previous education,
training, and work history; current motivation; and changes in previous circumstances.

new text begin (c) The hourly unsubsidized employment requirement may be reduced for intensive
education or training programs lasting 12 weeks or less when full-time attendance is
required.
new text end

new text begin (d) Participants with an approved employment plan in place on July 1, 2009, which
includes more than 12 months of postsecondary education or training, must be allowed
to complete that plan provided that hourly requirements in section 256J.55, subdivision
1, are met.
new text end

Minnesota Statutes 2008, section 256J.575, subdivision 3, is amended to read:

(a) The following MFIP deleted text begin or diversionary work program (DWP)deleted text end
participants are eligible for the services under this section:

(1) a participant who meets the requirements for or has been granted a hardship
extension under section 256J.425, subdivision 2 or 3, except that it is not necessary for
the participant to have reached or be approaching 60 months of eligibility for this section
to apply;

(2) a participant who is applying for Supplemental Security Income or Social
Security disability insurance; and

(3) a participant who is a noncitizen who has been in the United States for 12 or
fewer months.

(b) Families must meet all other eligibility requirements for MFIP established in
this chapter. Families are eligible for financial assistance to the same extent as if they
were participating in MFIP.

(c) A participant under paragraph (a), clause (3), must be provided with English as a
second language opportunities and skills training for up to 12 months. After 12 months,
the case manager and participant must determine whether the participant should continue
with English as a second language classes or skills training, or both, and continue to
receive family stabilization services.

new text begin This section is effective March 1, 2010.
new text end

Minnesota Statutes 2008, section 256J.621, is amended to read:

(a) Effective October 1, 2009, upon exiting the diversionary work program (DWP)
or upon terminating the Minnesota family investment program with earnings, a participant
who is employed may be eligible for work participation cash benefits of deleted text begin $75deleted text end new text begin $50new text end per
month to assist in meeting the family's basic needs as the participant continues to move
toward self-sufficiency.

(b) To be eligible for work participation cash benefits, the participant shall not
receive MFIP or diversionary work program assistance during the month and the
participant or participants must meet the following work requirements:

(1) if the participant is a single caregiver and has a child under six years of age, the
participant must be employed at least 87 hours per month;

(2) if the participant is a single caregiver and does not have a child under six years of
age, the participant must be employed at least 130 hours per month; or

(3) if the household is a two-parent family, at least one of the parents must be
employed an average of at least 130 hours per month.

Whenever a participant exits the diversionary work program or is terminated from
MFIP and meets the other criteria in this section, work participation cash benefits are
available for up to 24 consecutive months.

(c) Expenditures on the program are maintenance of effort state fundsnew text begin under
a separate state programnew text end for participants under paragraph (b), clauses (1) and (2).
Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
funds. Months in which a participant receives work participation cash benefits under this
section do not count toward the participant's MFIP 60-month time limit.

Minnesota Statutes 2008, section 256J.626, subdivision 6, is amended to read:

(a) For purposes of
this section, the following terms have the meanings given.

(1) "2002 historic spending base" means the commissioner's determination of
the sum of the reimbursement related to fiscal year 2002 of county or tribal agency
expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings
related to calendar year 2002 in the base program listed in clause (6), item (v), and the
amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi),
issued to or on behalf of persons residing in the county or tribal service delivery area.

(2) "Adjusted caseload factor" means a factor weighted:

(i) 47 percent on the MFIP cases in each county at four points in time in the most
recent 12-month period for which data is available multiplied by the county's caseload
difficulty factor; and

(ii) 53 percent on the count of adults on MFIP in each county and tribe at four points
in time in the most recent 12-month period for which data is available multiplied by the
county or tribe's caseload difficulty factor.

(3) "Caseload difficulty factor" means a factor determined by the commissioner for
each county and tribe based upon the self-support index described in section 256J.751,
subdivision 2, clause (6).

deleted text begin (4) "Initial allocation" means the amount potentially available to each county or tribe
based on the formula in paragraphs (b) through (d).
deleted text end

deleted text begin (5)deleted text end new text begin (4) new text end "Final allocation" means the amount available to each county or tribe based
on the formula in paragraphs (b) deleted text begin through (d), after adjustment by subdivision 7deleted text end new text begin and (c)new text end .

deleted text begin (6)deleted text end new text begin (5) new text end "Base programs" means the:

(i) MFIP employment and training services under Minnesota Statutes 2002, section
256J.62, subdivision 1, in effect June 30, 2002;

(ii) bilingual employment and training services to refugees under Minnesota Statutes
2002, section 256J.62, subdivision 6, in effect June 30, 2002;

(iii) work literacy language programs under Minnesota Statutes 2002, section
256J.62, subdivision 7, in effect June 30, 2002;

(iv) supported work program authorized in Laws 2001, First Special Session chapter
9, article 17, section 2, in effect June 30, 2002;

(v) administrative aid program under section 256J.76 in effect December 31, 2002;
and

(vi) emergency assistance program under Minnesota Statutes 2002, section 256J.48,
in effect June 30, 2002.

(b) The commissioner shalldeleted text begin :
deleted text end

deleted text begin (1) beginning July 1, 2003, determine the initial allocation of funds available under
this section according to clause (2);
deleted text end

deleted text begin (2) allocate all of the funds available for the period beginning July 1, 2003, and
ending December 31, 2004, to each county or tribe in proportion to the county's or tribe's
share of the statewide 2002 historic spending base;
deleted text end

deleted text begin (3) determine for calendar year 2005 the initial allocation of funds to be made
available under this section in proportion to the county or tribe's initial allocation for the
period of July 1, 2003, to December 31, 2004;
deleted text end

deleted text begin (4) determine for calendar year 2006 the initial allocation of funds to be made
available under this section based 90 percent on the proportion of the county or tribe's
share of the statewide 2002 historic spending base and ten percent on the proportion of
the county or tribe's share of the adjusted caseload factor;
deleted text end

deleted text begin (5) determine for calendar year 2007 the initial allocation of funds to be made
available under this section based 70 percent on the proportion of the county or tribe's
share of the statewide 2002 historic spending base and 30 percent on the proportion of the
county or tribe's share of the adjusted caseload factor; and
deleted text end

deleted text begin (6) determine for calendar year 2008 and subsequent years the initial allocation ofdeleted text end new text begin
allocatenew text end funds to be made available under this section based 50 percent on the proportion
of the county or tribe's share of the statewide 2002 historic spending base and 50 percent
on the proportion of the county or tribe's share of the adjusted caseload factor.

(c) With the commencement of a new or expanded tribal TANF program or an
agreement under section 256.01, subdivision 2, paragraph (g), in which some or all of
the responsibilities of particular counties under this section are transferred to a tribe,
the commissioner shall:

(1) in the case where all responsibilities under this section are transferred to a tribal
program, determine the percentage of the county's current caseload that is transferring to a
tribal program and adjust the affected county's allocation accordingly; and

(2) in the case where a portion of the responsibilities under this section are
transferred to a tribal program, the commissioner shall consult with the affected county or
counties to determine an appropriate adjustment to the allocation.

deleted text begin (d) Effective January 1, 2005, counties and tribes will have their final allocations
adjusted based on the performance provisions of subdivision 7.
deleted text end

new text begin This section is effective January 1, 2010.
new text end

Minnesota Statutes 2008, section 256J.751, is amended by adding a
subdivision to read:

new text begin (a) For the purpose of this section, the
following terms have the meanings given:
new text end

new text begin (1) "Caseload reduction credit" (CRC) means the measure of how much the
Minnesota TANF caseload, including the separate state program caseload, has fallen
relative to the federal fiscal year 2005 caseload based on caseload data from October
1 to September 30.
new text end

new text begin (2) "TANF participation rate target" means a 50 percent participation rate reduced by
the CRC as calculated by the Department of Human Services.
new text end

new text begin (b) A county or tribe shall negotiate a multiyear improvement plan with the
commissioner if the county or tribe does not:
new text end

new text begin (1) achieve the TANF participation rate target or a five percentage point improvement
over the county or tribe's previous year's TANF participation rate under subdivision 2,
clause (7), as averaged across 12 consecutive months for the most recent year for which
the measurements are available; or
new text end

new text begin (2) perform within or above its range of expected performance on the annualized
three-year self-support index under subdivision 2, clause (6).
new text end

new text begin (c) A county or tribe that has successfully negotiated an improvement plan must
provide a semiannual report indicating that the plan has been implemented, the impact of
the plan, and any anticipated changes to the plan.
new text end

Minnesota Statutes 2008, section 256J.95, subdivision 12, is amended to read:

(a) If at any time during the DWP
application process or during the four-month DWP eligibility period, it is determined that
a participant is unlikely to benefit from the diversionary work program, the county shall
convert or refer the participant to MFIP as specified in paragraph (d). Participants who are
determined to be unlikely to benefit from the diversionary work program must develop
and sign an employment plan. deleted text begin Participants who meet any one of the criteria in paragraph
(b) shall be considered to be unlikely to benefit from DWP, provided the necessary
documentation is available to support the determination.
deleted text end

(b) A participant whodeleted text begin :deleted text end new text begin meets the eligibility requirements under section 256J.575,
subdivision 3, must be considered to be unlikely to benefit from DWP, provided the
necessary documentation is available to support the determination.
new text end

deleted text begin (1) has been determined by a qualified professional as being unable to obtain or retain
employment due to an illness, injury, or incapacity that is expected to last at least 60 days;
deleted text end

deleted text begin (2) is required in the home as a caregiver because of the illness, injury, or incapacity,
of a family member, or a relative in the household, or a foster child, and the illness, injury,
or incapacity and the need for a person to provide assistance in the home has been certified
by a qualified professional and is expected to continue more than 60 days;
deleted text end

deleted text begin (3) is determined by a qualified professional as being needed in the home to care for
a child or adult meeting the special medical criteria in section 256J.561, subdivision 2,
paragraph (d), clause (3);
deleted text end

deleted text begin (4) is pregnant and is determined by a qualified professional as being unable to
obtain or retain employment due to the pregnancy; or
deleted text end

deleted text begin (5) has applied for SSI or SSDI.
deleted text end

(c) In a two-parent family unit, deleted text begin both parents must bedeleted text end new text begin if one parent isnew text end determined
to be unlikely to benefit from the diversionary work program deleted text begin beforedeleted text end new text begin ,new text end the family unit
deleted text begin candeleted text end new text begin mustnew text end be converted or referred to MFIP.

(d) A participant who is determined to be unlikely to benefit from the diversionary
work program shall be converted to MFIP and, if the determination was made within 30
days of the initial application for benefits, no additional application form is required.
A participant who is determined to be unlikely to benefit from the diversionary work
program shall be referred to MFIP and, if the determination is made more than 30
days after the initial application, the participant must submit a program change request
form. The county agency shall process the program change request form by the first of
the following month to ensure that no gap in benefits is due to delayed action by the
county agency. In processing the program change request form, the county must follow
section 256J.32, subdivision 1, except that the county agency shall not require additional
verification of the information in the case file from the DWP application unless the
information in the case file is inaccurate, questionable, or no longer current.

(e) The county shall not request a combined application form for a participant who
has exhausted the four months of the diversionary work program, has continued need for
cash and food assistance, and has completed, signed, and submitted a program change
request form within 30 days of the fourth month of the diversionary work program. The
county must process the program change request according to section 256J.32, subdivision
1, except that the county agency shall not require additional verification of information
in the case file unless the information is inaccurate, questionable, or no longer current.
When a participant does not request MFIP within 30 days of the diversionary work
program benefits being exhausted, a new combined application form must be completed
for any subsequent request for MFIP.

new text begin This section is effective March 1, 2010.
new text end

new text begin Minnesota Statutes 2008, section 256J.626, subdivision 7, new text end new text begin is repealed.
new text end

Minnesota Statutes 2008, section 256D.06, subdivision 2, is amended to
read:

new text begin (a) new text end Notwithstanding the provisions of subdivision 1, a
grant of emergency general assistance shall, to the extent funds are available, be made to
an eligible single adult, married couple, or family for an emergency need, deleted text begin as defined in
rules promulgated by the commissioner,deleted text end where the recipient requests temporary assistance
not exceeding 30 days if an emergency situation appears to exist new text begin under criteria adopted by
the county agency new text end and the individual or family is ineligible for MFIP or DWP or is not a
participant of MFIP or DWPnew text begin and whose annual net income is no greater than 200 percent
of the federal poverty level for the previous calendar yearnew text end . If an applicant or recipient
relates facts to the county agency which may be sufficient to constitute an emergency
situation, the county agency shall, to the extent funds are available, advise the person of the
procedure for applying for assistance according to this subdivision. An emergency general
assistance grant is available to a recipient not more than once in any 12-month period.

new text begin (b) new text end Funding for an emergency general assistance program is limited to the
appropriation. Each fiscal year, the commissioner shall allocate to counties the money
appropriated for emergency general assistance grants based on each county agency's
average share of state's emergency general expenditures for the immediate past three fiscal
years as determined by the commissioner, and may reallocate any unspent amounts to
other counties.

new text begin (c) No county shall be allocated less than $1,000 for the fiscal year.
new text end

new text begin (d) Should an emergency be declared as provided in section 12.31, the commissioner
may immediately reallocate unspent funds without regard to the other provisions of this
section to meet the emergency needs. The emergency reallocation must be excluded from
calculations for subsequent allocations as provided in paragraphs (b) and (c).
new text end

new text begin (e)new text end Any emergency general assistance expenditures by a county above the amount of
the commissioner's allocation to the county must be made from county funds.

Minnesota Statutes 2008, section 256D.09, subdivision 6, is amended to read:

(a) If an amount of general assistance or
family general assistance is paid to a recipient in excess of the payment due, it shall be
recoverable by the county agency. The agency shall give written notice to the recipient of
its intention to recover the overpayment.

(b) new text begin Except as provided for interim assistance in section 256D.06, subdivision
5, new text end when an overpayment occurs, the county agency shall recover the overpayment
from a current recipient by reducing the amount of aid payable to the assistance unit of
which the recipient is a member, for one or more monthly assistance payments, until
the overpayment is repaid. All county agencies in the state shall reduce the assistance
payment by three percent of the assistance unit's standard of need in nonfraud cases and
ten percent where fraud has occurred, or the amount of the monthly payment, whichever is
less, for all overpayments.

(c) In cases when there is both an overpayment and underpayment, the county
agency shall offset one against the other in correcting the payment.

(d) Overpayments may also be voluntarily repaid, in part or in full, by the individual,
in addition to the aid reductions provided in this subdivision, to include further voluntary
reductions in the grant level agreed to in writing by the individual, until the total amount
of the overpayment is repaid.

(e) The county agency shall make reasonable efforts to recover overpayments to
persons no longer on assistance under standards adopted in rule by the commissioner
of human services. The county agency need not attempt to recover overpayments of
less than $35 paid to an individual no longer on assistance if the individual does not
receive assistance again within three years, unless the individual has been convicted of
violating section 256.98.

new text begin (f) Establishment of an overpayment is limited to 12 months prior to the month of
discovery due to an agency error and six years prior to the month of discovery due to a
client error or an intentional program violation determined under section 256.046.
new text end

Minnesota Statutes 2008, section 256D.46, is amended to read:

deleted text begin A county agency must grant emergency Minnesota
supplemental aid, to the extent funds are available, if the recipient is without adequate
resources to resolve an emergency that, if unresolved, will threaten the health or safety
of the recipient. For the purposes of this section, the term "recipient" includes persons
for whom a group residential housing benefit is being paid under sections 256I.01 to
256I.06.deleted text end new text begin Recipients of Minnesota supplemental aid who have emergent need may apply
for emergency general assistance medical care under section 256D.06, subdivision 2.new text end

deleted text begin All income and resources available to the
recipient must be considered in determining the recipient's ability to meet the emergency
need. Property that can be liquidated in time to resolve the emergency and income,
excluding an amount equal to the Minnesota supplemental aid standard of assistance, that
is normally disregarded or excluded under the Minnesota supplemental aid program must
be considered available to meet the emergency need.
deleted text end

deleted text begin The amount of assistance granted under emergency
Minnesota supplemental aid is limited to the amount necessary to resolve the emergency.
An emergency Minnesota supplemental aid grant is available to a recipient no more
than once in any 12-month period. Funding for emergency Minnesota supplemental
aid is limited to the appropriation. Each fiscal year, the commissioner shall allocate to
counties the money appropriated for emergency Minnesota supplemental aid grants based
on each county agency's average share of state's emergency Minnesota supplemental aid
expenditures for the immediate past three fiscal years as determined by the commissioner,
and may reallocate any unspent amounts to other counties. Any emergency Minnesota
supplemental aid expenditures by a county above the amount of the commissioner's
allocation to the county must be made from county funds.
deleted text end

Minnesota Statutes 2008, section 256D.49, subdivision 3, is amended to read:

new text begin (a) new text end When
the county agency determines that an overpayment of the recipient's monthly payment
of Minnesota supplemental aid has occurred, it shall issue a notice of overpayment
to the recipient. If the person is no longer receiving Minnesota supplemental aid, the
county agency may request voluntary repayment or pursue civil recovery. If the person is
receiving Minnesota supplemental aid, the county agency shall recover the overpayment
by withholding an amount equal to three percent of the standard of assistance for the
recipient or the total amount of the monthly grant, whichever is less.

new text begin (b) Establishment of an overpayment is limited to 12 months prior to the month of
discovery due to an agency error and six years prior to the month of discovery due to a
client error or an intentional program violation determined under section 256.046.
new text end

new text begin (c) new text end For recipients receiving benefits via electronic benefit transfer, if the overpayment
is a result of an automated teller machine (ATM) dispensing funds in error to the recipient,
the agency may recover the ATM error by immediately withdrawing funds from the
recipient's electronic benefit transfer account, up to the amount of the error.

new text begin (d) new text end Residents of deleted text begin nursing homes, regional treatment centers, anddeleted text end new text begin licensed residential
new text end facilities deleted text begin with negotiated ratesdeleted text end shall not have overpayments recovered from their personal
needs allowance.

Minnesota Statutes 2008, section 256I.03, subdivision 7, is amended to read:

"Countable income" means all income received by an
applicant or recipient less any applicable exclusions or disregards. For a recipient of any
cash benefit from the SSI program, countable income means the SSI benefit limit in effect
at the time the person is in a GRH deleted text begin setting less $20deleted text end , less the medical assistance personal
needs allowance. If the SSI limit has been reduced for a person due to events occurring
prior to the persons entering the GRH setting, countable income means actual income less
any applicable exclusions and disregards.

Minnesota Statutes 2008, section 256J.38, subdivision 1, is amended to read:

new text begin (a) new text end When a participant or former participant
receives an overpayment due to agency, client, or ATM error, or due to assistance received
while an appeal is pending and the participant or former participant is determined
ineligible for assistance or for less assistance than was received, the county agency must
recoup or recover the overpayment using the following methods:

(1) reconstruct each affected budget month and corresponding payment month;

(2) use the policies and procedures that were in effect for the payment month; and

(3) do not allow employment disregards in section 256J.21, subdivision 3 or 4, in the
calculation of the overpayment when the unit has not reported within two calendar months
following the end of the month in which the income was received.

new text begin (b) Establishment of an overpayment is limited to 12 months prior to the month of
discovery due to agency error and six years prior to the month of discovery due to client
error or an intentional program violation determined under section 256.046.
new text end

Minnesota Statutes 2008, section 393.07, subdivision 10, is amended to read:

(a) The local
social services agency shall establish and administer the food stamp program according
to rules of the commissioner of human services, the supervision of the commissioner as
specified in section 256.01, and all federal laws and regulations. The commissioner of
human services shall monitor food stamp program delivery on an ongoing basis to ensure
that each county complies with federal laws and regulations. Program requirements to be
monitored include, but are not limited to, number of applications, number of approvals,
number of cases pending, length of time required to process each application and deliver
benefits, number of applicants eligible for expedited issuance, length of time required
to process and deliver expedited issuance, number of terminations and reasons for
terminations, client profiles by age, household composition and income level and sources,
and the use of phone certification and home visits. The commissioner shall determine the
county-by-county and statewide participation rate.

(b) On July 1 of each year, the commissioner of human services shall determine a
statewide and county-by-county food stamp program participation rate. The commissioner
may designate a different agency to administer the food stamp program in a county if the
agency administering the program fails to increase the food stamp program participation
rate among families or eligible individuals, or comply with all federal laws and regulations
governing the food stamp program. The commissioner shall review agency performance
annually to determine compliance with this paragraph.

(c) A person who commits any of the following acts has violated section 256.98 or
609.821, or both, and is subject to both the criminal and civil penalties provided under
those sections:

(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a
willful statement or misrepresentation, or intentional concealment of a material fact, food
stamps or vouchers issued according to sections 145.891 to 145.897 to which the person
is not entitled or in an amount greater than that to which that person is entitled or which
specify nutritional supplements to which that person is not entitled; or

(2) presents or causes to be presented, coupons or vouchers issued according to
sections 145.891 to 145.897 for payment or redemption knowing them to have been
received, transferred or used in a manner contrary to existing state or federal law; or

(3) willfully uses, possesses, or transfers food stamp coupons, authorization to
purchase cards or vouchers issued according to sections 145.891 to 145.897 in any manner
contrary to existing state or federal law, rules, or regulations; or

(4) buys or sells food stamp coupons, authorization to purchase cards, other
assistance transaction devices, vouchers issued according to sections 145.891 to 145.897,
or any food obtained through the redemption of vouchers issued according to sections
145.891 to 145.897 for cash or consideration other than eligible food.

(d) A peace officer or welfare fraud investigator may confiscate food stamps,
authorization to purchase cards, or other assistance transaction devices found in the
possession of any person who is neither a recipient of the food stamp program nor
otherwise authorized to possess and use such materials. Confiscated property shall be
disposed of as the commissioner may direct and consistent with state and federal food
stamp law. The confiscated property must be retained for a period of not less than 30 days
to allow any affected person to appeal the confiscation under section 256.045.

(e) deleted text begin Food stamp overpayment claims which are due in whole or in part to client
error shall be established by the county agency for a period of six years from the date of
any resultant overpayment.deleted text end new text begin Establishment of a food stamp overpayment is limited to 12
months prior to the month of discovery due to an agency error and six years prior to the
month of discovery due to a client error or an intentional program violation determined
under section 256.046.
new text end

(f) With regard to the federal tax revenue offset program only, recovery incentives
authorized by the federal food and consumer service shall be retained at the rate of 50
percent by the state agency and 50 percent by the certifying county agency.

(g) A peace officer, welfare fraud investigator, federal law enforcement official,
or the commissioner of health may confiscate vouchers found in the possession of any
person who is neither issued vouchers under sections 145.891 to 145.897, nor otherwise
authorized to possess and use such vouchers. Confiscated property shall be disposed of
as the commissioner of health may direct and consistent with state and federal law. The
confiscated property must be retained for a period of not less than 30 days.

(h) The commissioner of human services may seek a waiver from the United States
Department of Agriculture to allow the state to specify foods that may and may not be
purchased in Minnesota with benefits funded by the federal Food Stamp Program. The
commissioner shall consult with the members of the house of representatives and senate
policy committees having jurisdiction over food support issues in developing the waiver.
The commissioner, in consultation with the commissioners of health and education, shall
develop a broad public health policy related to improved nutrition and health status. The
commissioner must seek legislative approval prior to implementing the waiver.

new text begin (a) new text end new text begin Minnesota Statutes 2008, section 256I.06, subdivision 9, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 9500.1243, subpart 3; and 9500.1261, subparts 3, 4, 5,
and 6, new text end new text begin are repealed.
new text end

Minnesota Statutes 2008, section 119B.02, subdivision 5, is amended to read:

For child care assistance programs under this
chapter, the commissioner shall enforce the requirements for program integrity and fraud
prevention investigations under sections 256.046, 256.98, and deleted text begin 256.983deleted text end new text begin 256.9832new text end .

Minnesota Statutes 2008, section 256.045, subdivision 3, is amended to read:

(a) State agency hearings are available for the
following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or
the federal Food Stamp Act whose application for assistance is denied, not acted upon
with reasonable promptness, or whose assistance is suspended, reduced, terminated, or
claimed to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by
a lead agency to have maltreated a vulnerable adult under section 626.557 after they have
exercised their right to administrative reconsideration under section 626.557;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship
waiver under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined
to have maltreated a minor under section 626.556, after the individual or facility has
exercised the right to administrative reconsideration under section 626.556; deleted text begin ordeleted text end

(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, on the basis of serious or recurring maltreatment; a preponderance
of the evidence that the individual has committed an act or acts that meet the definition
of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make
reports required under section 626.556, subdivision 3, or 626.557, subdivision 3. Hearings
regarding a maltreatment determination under clause (4) or (9) and a disqualification under
this clause in which the basis for a disqualification is serious or recurring maltreatment,
which has not been set aside under sections 245C.22 and 245C.23, shall be consolidated
into a single fair hearing. In such cases, the scope of review by the human services referee
shall include both the maltreatment determination and the disqualification. The failure to
exercise the right to an administrative reconsideration shall not be a bar to a hearing under
this section if federal law provides an individual the right to a hearing to dispute a finding
of maltreatment. Individuals and organizations specified in this section may contest the
specified action, decision, or final disposition before the state agency by submitting a
written request for a hearing to the state agency within 30 days after receiving written
notice of the action, decision, or final disposition, or within 90 days of such written notice
if the applicant, recipient, patient, or relative shows good cause why the request was not
submitted within the 30-day time limitdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request setoff of a refund under chapter 270A against
the debt.
new text end

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or
(10), is the only administrative appeal to the final agency determination specifically,
including a challenge to the accuracy and completeness of data under section 13.04.
Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment
that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing
homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a
contested case proceeding under the provisions of chapter 14. Hearings requested under
paragraph (a), clause (9), apply only to incidents of maltreatment that occur on or after
July 1, 1997. A hearing for an individual or facility under paragraph (a), clause (9), is
only available when there is no juvenile court or adult criminal action pending. If such
action is filed in either court while an administrative review is pending, the administrative
review must be suspended until the judicial actions are completed. If the juvenile court
action or criminal charge is dismissed or the criminal action overturned, the matter may be
considered in an administrative hearing.

(d) The scope of hearings involving claims to foster care payments under paragraph
(a), clause (5), shall be limited to the issue of whether the county is legally responsible
for a child's placement under court order or voluntary placement agreement and, if so,
the correct amount of foster care payment to be made on the child's behalf and shall not
include review of the propriety of the county's child protection determination or child
placement decision.

(e) A vendor of medical care as defined in section 256B.02, subdivision 7, or a
vendor under contract with a county agency to provide social services is not a party and
may not request a hearing under this section, except if assisting a recipient as provided in
subdivision 4.

(f) An applicant or recipient is not entitled to receive social services beyond the
services prescribed under chapter 256M or other social services the person is eligible
for under state law.

(g) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in
state or federal law.

new text begin Effective July 1, 2009, the commissioner of
human services shall establish a welfare fraud investigative unit to investigate allegations
of recipient fraud in welfare programs with a state or federal funding component and
quickly terminate benefits to ineligible recipients. Counties that received grants under
Minnesota Statutes 2008, section 256.983, for the fraud prevention investigation project
must use state investigators to investigate possible welfare fraud effective with termination
of their grants. The commissioner shall develop a process for counties that did not
participate in the former fraud prevention investigation project to begin use of state
investigators.
new text end

new text begin An investigation resulting in discovery of facts that appear to merit the involvement of
the criminal justice system are to be referred to the county human services director or
designee for further referral to the county criminal justice system, or may be referred
directly to the county criminal justice system. The commissioner of human services must
be notified of the disposition of these cases within six months of referral. If the criminal
justice system has not acted on the referral or declined to act, the commissioner has the
option to pursue further action on those cases.
new text end

new text begin State welfare fraud investigators shall
have unrestricted access to human services records as needed to conduct an investigation.
County agencies have 30 days after receipt of investigative findings to notify the
commissioner of effect on eligibility. County agencies shall calculate overpayments
identified through an investigation and establish a formal claim for repayment within 45
days of discovery.
new text end

new text begin The commissioner shall establish training
programs for state investigators, county welfare case workers, and supervisory staff. The
commissioner shall develop operational guidelines, forms, and reporting mechanisms,
which must be used by county agencies. The commissioner shall develop a process
to ensure county cooperation with making appropriate referrals for welfare fraud
investigations. An individuals's application or redetermination form for public assistance
benefits, including child care assistance programs and medical care programs, must
include an authorization by the individual for the release and sharing of information and
documentation between third parties and investigators who are conducting welfare fraud
investigations. The authorization for release and sharing of information is effective for
six months after public assistance benefits have ceased.
new text end

new text begin This section is effective November 1, 2009.
new text end

Minnesota Statutes 2008, section 270A.09, is amended by adding a subdivision
to read:

new text begin Notwithstanding subdivision 1,
any debtor contesting a setoff claim by the Department of Human Services or a county
agency whose claim relates to a debt resulting from receipt of public assistance, medical
care, or the federal Food Stamp Act shall have a hearing conducted in the same manner as
an appeal under sections 256.045 and 256.0451.
new text end

new text begin Minnesota Statutes 2008, section 256.983, new text end new text begin is repealed effective November 1, 2009.
new text end

Minnesota Statutes 2008, section 518A.53, subdivision 1, is amended to
read:

(a) For the purpose of this section, the following terms
have the meanings provided in this subdivision unless otherwise stated.

(b) "Payor of funds" means any person or entity that provides funds to an obligor,
including an employer as defined under chapter 24 of the Internal Revenue Code,
section 3401(d), an independent contractor, payor of worker's compensation benefits or
unemployment benefits, or a financial institution as defined in section 13B.06.

(d) new text begin The term new text end "arrears" deleted text begin means amounts owed under a support order that are past duedeleted text end new text begin
as used in this section has the meaning provided in section 518A.26new text end .

new text begin This section is effective April 1, 2010.
new text end

Minnesota Statutes 2008, section 518A.53, subdivision 4, is amended to read:

(a) The commissioner of human services shall prepare
and make available to the courts a notice of services that explains child support and
maintenance collection services available through the public authority, including income
withholding, and the fees for such services. Upon receiving a petition for dissolution of
marriage or legal separation, the court administrator shall promptly send the notice of
services to the petitioner and respondent at the addresses stated in the petition.

(b) Either the obligee or obligor may at any time apply to the public authority for
either full IV-D services or for income withholding only services.

(c) For those persons applying for income withholding only services, a monthly
service fee of $15 must be charged to the obligor. This fee is in addition to the amount of
the support order and shall be withheld through income withholding. The public authority
shall explain the service options in this section to the affected parties and encourage the
application for full child support collection services.

(d) If the obligee is not a current recipient of public assistance as defined in section
256.741, the person who applied for services may at any time choose to terminate either
full IV-D services or income withholding only services regardless of whether income
withholding is currently in place. The obligee or obligor may reapply for either full IV-D
services or income withholding only services at any time. Unless the applicant is a
recipient of public assistance as defined in section 256.741, a $25 application fee shall be
charged at the time of each application.

(e) When a person terminates IV-D services, if an arrearage for public assistance as
defined in section 256.741 exists, the public authority may continue income withholding,
as well as use any other enforcement remedy for the collection of child support, until all
public assistance arrears are paid in full. Income withholding shall be in an amount equal
to 20 percent of the support order in effect at the time the services terminateddeleted text begin .deleted text end new text begin , unless the
support order includes a specific monthly payback amount. If the support order includes a
specific monthly payback amount, income withholding shall be in the specific amount
ordered. The provisions of this paragraph apply to all support orders in effect on or before
January 1, 2010, and to all support orders in effect after January 1, 2010.new text end

new text begin This section is effective April 1, 2010.
new text end

Minnesota Statutes 2008, section 518A.53, subdivision 10, is amended to read:

(a) This section does not prevent the court from
ordering the payor of funds to withhold amounts to satisfy the obligor's previous arrearage
in support order payments. This remedy shall not operate to exclude availability of other
remedies to enforce judgments. The employer or payor of funds shall withhold from
the obligor's income an additional amount equal to 20 percent of the monthly child
support or maintenance obligation until the arrearage is paiddeleted text begin .deleted text end new text begin , unless the support order
includes a specific monthly payback amount. If the support order includes a specific
monthly payback amount, income withholding shall be in the specific amount ordered.
The provisions of this paragraph apply to all support orders in effect on or before January
1, 2010, and to all support orders in effect after January 1, 2010.
new text end

(b) Notwithstanding any law to the contrary, funds from income sources included
in section 518A.26, subdivision 8, whether periodic or lump sum, are not exempt from
attachment or execution upon a judgment for child support arrearage.

(c) Absent an order to the contrary, if an arrearage exists at the time a support
order would otherwise terminate, income withholding shall continue in effect or may be
implemented in an amount equal to the support order plus an additional 20 percent of the
monthly child support obligation, until all arrears have been paid in full.

new text begin This section is effective April 1, 2010.
new text end

Minnesota Statutes 2008, section 518A.60, is amended to read:

(a) Remedies available for the collection and enforcement of support in this chapter
and chapters 256, 257, 518, and 518C also apply to cases in which the child or children
for whom support is owed are emancipated and the obligor owes past support or has an
accumulated arrearage as of the date of the youngest child's emancipation. Child support
arrearages under this section include arrearages for child support, medical support, child
care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in
section 518A.41, subdivision 1, paragraph (h).

(b) This section applies retroactively to any support arrearage that accrued on or
before June 3, 1997, and to all arrearages accruing after June 3, 1997.

(c) Past support or pregnancy and confinement expenses ordered for which the
obligor has specific court ordered terms for repayment may not be enforced using drivers'
and occupational or professional license suspension, new text begin and new text end credit bureau reporting, deleted text begin and
additional income withholding under section 518A.53, subdivision 10, paragraph (a),deleted text end
unless the obligor fails to comply with the terms of the court order for repayment.

(d) If an arrearage exists at the time a support order would otherwise terminate
and section 518A.53, subdivision 10, paragraph (c), does not apply to this section, the
arrearage shall be repaid in an amount equal to the current support order until all arrears
have been paid in full, absent a court order to the contrary.

(e) If an arrearage exists according to a support order which fails to establish a
monthly support obligation in a specific dollar amount, the public authority, if it provides
child support services, or the obligee, may establish a payment agreement which shall
equal what the obligor would pay for current support after application of section 518A.34,
plus an additional 20 percent of the current support obligation, until all arrears have been
paid in full. If the obligor fails to enter into or comply with a payment agreement, the
public authority, if it provides child support services, or the obligee, may move the district
court or child support magistrate, if section 484.702 applies, for an order establishing
repayment terms.

new text begin This section is effective April 1, 2010.
new text end

new text begin Sections 256N.01 to 256N.09 may be cited as the "Protecting Children and
Strengthening Families Act," hereafter the "act." This act defines public child welfare
policy, sets state priorities, creates accountability mechanisms for achieving improved
outcomes for children and families, and establishes a fund to address the safety,
permanency, and well-being needs of children and adolescents who come to the attention
of the county as a result of a report of child maltreatment pursuant to section 626.556 or
are otherwise the responsibility of the county.
new text end

new text begin The legislature hereby declares that the public policy
of the state is:
new text end

new text begin (1) first and foremost, children should be safe from harm and protected from abuse
and neglect;
new text end

new text begin (2) children should be maintained safely in their homes whenever possible and
appropriate;
new text end

new text begin (3) when the ability of parents to keep their children safe is compromised it is in
the public interest to intervene early and provide services that promote parents' protective
capacities, mitigate risks of harm, and strengthen and support parents in their care giving
roles;
new text end

new text begin (4) children should grow up in safe, permanent and nurturing homes and, when it is
not possible for their parents to provide safety and permanency, alternative permanency
options must be made available to children as quickly as possible;
new text end

new text begin (5) whenever possible, alternative permanency options should be with children's
relatives or kin in order to maintain family relationships and preserve connections with
their communities and culture; and
new text end

new text begin (6) once permanency is achieved, children and their families should receive the
services and supports necessary to maintain safe, stable, and permanent homes.
new text end

new text begin It is further the policy of the state to
reduce racial disparities and disproportionality that exists in the child welfare system by:
new text end

new text begin (1) identifying and addressing structural factors contributing to inequities in
outcomes;
new text end

new text begin (2) identifying and implementing promising and evidence-based strategies to reduce
racial disparities in treatment and outcomes;
new text end

new text begin (3) using cultural values, beliefs and practices of families, communities and tribes to
shape family assessment, case planning, case service design, and case decision making
processes;
new text end

new text begin (4) using placement and reunification strategies that maintain, honor, and support
relationships and connections between parents, siblings, children, kin, and significant
others, giving priority to kinship placements when placement is necessary; and
new text end

new text begin (5) supporting families in the context of their communities and tribes so as to safely
divert them away from the child welfare system, whenever possible.
new text end

new text begin A broad continuum of services and a reform of practice are necessary across
Minnesota to keep children safe from abuse and neglect, prevent the trauma associated
with removing a child from their family home, and provide families with the necessary
supports and services to protect and nurture their children. Successful implementation
of state policy must result in improved outcomes for children and families and must be
measured by:
new text end

new text begin (1) improved timeliness to initial investigations;
new text end

new text begin (2) increased monthly caseworker visits;
new text end

new text begin (3) reduced out-of-home placements;
new text end

new text begin (4) reduced re-entry;
new text end

new text begin (5) reduced recidivism;
new text end

new text begin (6) reduced number of children aging out of foster care without achieving
permanency;
new text end

new text begin (7) improved rate of relative care;
new text end

new text begin (8) improved stability in foster care; and
new text end

new text begin (9) reduced racial and ethnic disparities and disproportionality.
new text end

new text begin For the purposes of sections 256N.01 to 256N.09, the terms
defined in this section have the meanings given them.
new text end

new text begin "Adoptive care" means care to an adopted special needs
child under section 259.67.
new text end

new text begin "Child protection investigation" means
fact gathering by the child welfare agency related to the current safety of the child and the
risk of subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed.
new text end

new text begin "Children services" means services provided or
arranged for by county boards for infants, children, and adolescents and may include,
but are not limited to: child protection investigation, family assessment response,
family-based crisis services, family foster care, family preservation services, foster care,
independent living services, permanency services, postpermanency support services,
reunification services, subsidized guardianship, and support for at-risk families.
new text end

new text begin "Commissioner" means the commissioner of human
services or the commissioner's designee.
new text end

new text begin "County board" means the board of county commissioners
in each county.
new text end

new text begin "Family assessment response" means a
comprehensive assessment of child safety, risk of subsequent maltreatment, and family
strengths and needs that is applied to a child maltreatment report that does not allege
substantial child endangerment. Family assessment response includes assessing the need
for services and may include the provision of time-limited services.
new text end

new text begin "Family-based crisis services" means
services provided to a family in the home, within 24 hours of referral, to help the family
resolve a relationship crisis to prevent placing a child outside of the home.
new text end

new text begin "Foster care" means 24-hour substitute care in a family home
or facility licensed under Minnesota Rules, chapter 2960, for children placed away from
their parents or guardian and for whom a responsible social services agency has placement
and care responsibility pursuant to a court order or voluntary placement agreement. Foster
care includes an emergency placement of a child in the home of a relative who has not yet
completed the licensure process. Services are provided to children who are in immediate
need of out of home placement until a plan of care is established.
new text end

new text begin "Family preservation services" means
services designed to maintain children in the home or in an outside setting, if needed to
help the family resolve personal, family, or situational problems. These services are
provided to prevent placement of a child outside of the home or so that a child can be
returned home from placement.
new text end

new text begin "Guardianship assistance" means financial
support to relatives who accept permanent and legal custody of a related child as a result
of a permanency proceeding under section 260C.317.
new text end

new text begin "Human services board" means a board
established under section 402.02; Laws 1974, chapter 293; or Laws 1976, chapter 340.
new text end

new text begin "Independent living services" means
individual or group services designed to assist youth, ages 14 through 20, who are in
out-of-home placement, to prepare them for independent living. Eligible youth can
receive services until their 21st birthday. Services include an independent living skills
assessment and the development of an independent living plan by a case manager.
Services may include training in daily living skills, service coordination, educational and
career assistance, driver's education or transportation use, and the funding of activities
that promote self-reliance and self-esteem.
new text end

new text begin "Permanency services" means services designed
to plan for and finalize a safe and legally permanent alternative home for the child within
the timelines of section 260C.201, subdivision 11, when a child cannot return to the parent
or guardian from whom they were removed. It also includes considering other permanent
alternative homes for a child, preferably through adoption or transfer of permanent legal
and physical custody of the child. Concurrent permanency planning and family group
decision-making are included as permanency services.
new text end

new text begin "Postpermanency support services"
means services designed to improve the likelihood that a child who has been in
out-of-home placement will be able to remain in their permanency situation, whether that
is reunification with their families, transfer of permanent legal and physical custody to a
relative, or in a finalized adoption.
new text end

new text begin "Reunification services" means services,
including family group decision-making, provided to a child and their legal caregiver to
facilitate the safe return of the child to the home. Specific services are provided by the
local agency with legal responsibility pursuant to a court order or voluntary placement
agreement, and are in the out-of-home placement plan.
new text end

new text begin "Services for at-risk families" means
voluntary services that are designed to reduce the likelihood of any future maltreatment
for families who have a maltreatment report that is not accepted under section 626.556,
are self referred or referred by a community provider, or who are on the Minnesota family
investment program under chapter 256J.
new text end

new text begin Funds under this act may be used to provide services under this act, or other services
needed based on an individualized assessment of the child and family. Funds must be
directed in the following order of priority:
new text end

new text begin (1) family assessment response, time-limited targeted services and child protection
investigations;
new text end

new text begin (2) support for at-risk families;
new text end

new text begin (3) postpermanency support services;
new text end

new text begin (4) independent living services;
new text end

new text begin (5) family support and family preservation services;
new text end

new text begin (6) family-based crisis services;
new text end

new text begin (7) reunification services;
new text end

new text begin (8) permanency services; and
new text end

new text begin (9) foster care.
new text end

new text begin In order to achieve the goals of this act,
the commissioner shall allocate funds, provide assistance, evaluate the performance of
counties, and ensure accountability for achieving improved outcomes for children and
families.
new text end

new text begin Each year the commissioner shall allocate available
funds to each county with an approved plan according to section 256N.07 and meeting the
requirements under this act. Funds must be allocated according to section 256N.08.
new text end

new text begin The commissioner shall:
new text end

new text begin (1) provide training, technical assistance, and other supports to each county to
assist in needs assessment, planning, monitoring of outcomes and service quality, and
implementation of program improvement plans;
new text end

new text begin (2) request waivers from federal programs as necessary to implement this act; and
new text end

new text begin (3) have authority under sections 14.055 and 14.056 to grant a variance to existing
state rules as needed to eliminate barriers to achieving desired outcomes.
new text end

new text begin (a) The commissioner shall maintain a quality assurance
system that measures county performance on federal and state outcome measures and
performance items regarding child safety, permanency, and well being and determine the
status of the public priorities identified in 256N.03. Performance measures may include:
new text end

new text begin (1) timeliness to initial investigation;
new text end

new text begin (2) monthly caseworker visits;
new text end

new text begin (3) rate of entry into foster care;
new text end

new text begin (4) rate of re-entry;
new text end

new text begin (5) rate of recidivism;
new text end

new text begin (6) number of children aging out of foster care without achieving permanency;
new text end

new text begin (7) rate of relative care;
new text end

new text begin (8) foster care stability; and
new text end

new text begin (9) other federal or state performance measures.
new text end

new text begin Performance measures may be modified by the federal Department of Health and
Human Services or the commissioner. The quality assurance system must support
and measure continuous quality improvement and work with counties to develop and
implement program improvement plans in any areas in which the county is not in
substantial conformity with federal and state performance standards.
new text end

new text begin (b) The commissioner shall:
new text end

new text begin (1) use data collection, evaluation of outcomes, and the review and approval of
county plans to supervise county performance in the delivery of services to children
and families;
new text end

new text begin (2) specify requirements for reports, including fiscal reports to account for funds
distributed; and
new text end

new text begin (3) adjust allocations to a county based on the commissioner's determination
regarding county performance under the act.
new text end

new text begin (c) The following steps must be taken when the commissioner has determined that a
county has failed to meet performance standards and address the priorities under this act,
or failed to develop and implement a program improvement plan:
new text end

new text begin (1) the commissioner shall notify the county, by mail, of the standards which the
county has not achieved;
new text end

new text begin (2) the county has 60 days from notification to develop a program improvement plan
and submit it to the commissioner for approval; and
new text end

new text begin (3) if the county fails to demonstrate achievement or fails to implement a program
improvement plan approved by the commissioner, the commissioner may withhold the
county's share of state or federal funds under this act. The commissioner may withhold
future allocations until the county has achieved the standards applicable to the program
or has developed and implemented a program improvement plan. If a county does not
achieve standards to develop and implement a program improvement plan for more than
six consecutive months, the commissioner may reallocate the withheld funds to counties
that have achieved standards or are working to achieve them.
new text end

new text begin Effective January 1, 2011, and
each two-year period thereafter, each county shall have a biennial plan approved by the
commissioner that addresses the public policy and priorities of this act in order to receive
funds. The plan may be combined with other plans required by the commissioner and
counties may submit multicounty or regional plans.
new text end

new text begin The plan must be completed in a form prescribed by the
commissioner. The plan must include:
new text end

new text begin (1) strategies the county must implement to keep children safe in their own homes
and support families in the context of their communities and tribes so as to safely divert
them away from the child welfare system, whenever possible;
new text end

new text begin (2) strategies the county must engage in to address each of the public priorities
identified in section 256N.03;
new text end

new text begin (3) strategies that the county must engage in to maintain connections between family
members and significant others, giving priority to kinship placements, when placement is
necessary;
new text end

new text begin (4) strategies that address disparities in out-of-home placement for African-American
and American Indian children in their county and other populations of children
disproportionately represented, and when placement is necessary the strategies that must
be employed to maintain children's familial and cultural connections;
new text end

new text begin (5) performance targets on state and federal indicators measuring outcomes of child
safety, permanency, and well-being;
new text end

new text begin (6) strategies the county must implement to achieve the performance targets,
including specification of how funds under this section and other community resources
must be used to achieve desired performance targets; and
new text end

new text begin (7) a description of the county's process to solicit public input and a summary of
that input.
new text end

new text begin The preliminary plan must be submitted to the commissioner
by October 15, 2010, and October 15 of every two years thereafter.
new text end

new text begin The county board shall determine how citizens in the
county will participate in the development of the plan and provide opportunities for
such participation. The county shall allow a period of no less than 30 days prior to the
submission of the plan to the commissioner to solicit comments from the public on the
contents of the plan.
new text end

new text begin The commissioner shall, within 60
days of receiving each county plan, inform the county if the plan has been approved.
If the plan is not approved, the commissioner shall inform the county of any revisions
needed for approval.
new text end

new text begin The commissioner shall annually determine whether
a county has met the requirements under this act. In making this determination, the
commissioner shall consider factors addressed by the county in its plan under section
256N.07, whether the county fully participated in the state quality assurance process, and
actual county performance on measures of child safety, permanency, and well-being. The
commissioner shall continue to measure and monitor performance, and counties shall
continue to develop and employ appropriate strategies and procedures to continuously
improve their services and outcomes. Performance standards for these measures must be
determined by the commissioner in consultation with counties, and must include those
prescribed by the federal Department of Human Services and those unique to the state.
new text end

new text begin (a) Beginning July 10, 2011, counties shall receive the
same allocation as was received the previous year under chapter 256M proportionately
to state Children and Community Services Act and federal Title XX funds that are
attributable to children services as determined by the commissioner. Allocations must be
comprised of both state appropriations under this act and federal Title XX funds, except
for Title XX funds allocated for administrative purposes and migrant day care. Beginning
July 10, 2012, the amount of money allocated to counties must first be allocated in
amounts equal to each county's guaranteed floor according to subdivision 3 provided they
meet the requirements under subdivision 1, and second, any remaining available funds
must be allocated as provided in paragraphs (b) to (f).
new text end

new text begin (b) Beginning July 10, 2012, ninety percent of remaining funds must be allocated
proportionally to counties based on the previous year's allocation and ten percent must be
allocated by the following formula:
new text end

new text begin (1) 50 percent of the funds must be allocated based on the county's performance on
the state and federal standards and the public priorities identified in section 256N.03 as
determined by the commissioner for that county;
new text end

new text begin (2) 30 percent of the funds must be allocated based on the county's percentage
share of the number of accepted maltreatment reports in the most recent calendar year
available as determined by the commissioner;
new text end

new text begin (3) ten percent of the funds must be allocated based on the county's percentage share
of the number of reports of family assessments and services to at-risk families, as defined
by section 256N.04, subdivisions 7 and 17, in the most recent calendar year available
as determined by the commissioner; and
new text end

new text begin (4) ten percent of the funds must be allocated based on the average monthly
caseloads in each county in the Minnesota family investment program in the most recent
calendar year available as determined by the commissioner.
new text end

new text begin (c) Beginning July 10, 2013, 70 percent of remaining funds must be allocated
proportionally to counties based on the previous year's allocation and 30 percent must be
allocated by the following formula:
new text end

new text begin (d) Beginning July 10, 2014, 40 percent of remaining funds must be allocated
proportionally to counties based on the previous year's allocation and 60 percent must be
allocated by the following formula:
new text end

new text begin (e) Beginning July 10, 2014, ten percent of remaining funds must be allocated
proportionally to counties based on the previous year's allocation and 90 percent must be
allocated by the following formula:
new text end

new text begin (f) Beginning July 10, 2015, 100 percent of remaining funds must be allocated
by the following formula:
new text end

new text begin (3) ten percent of the funds shall be allocated based on the county's percentage share
of the number of reports of family assessments and services to at-risk families, as defined
by section 256N.04, subdivisions 7 and 17, in the most recent calendar year available
as determined by the commissioner; and
new text end

new text begin The guaranteed floor portion of funds must be 25
percent of the total allocation. Each county must be allocated a guaranteed floor based on
the population of the county under age 19 years as compared to the state as a whole as
determined by the most recent data from the state demographer's office. When the amount
of funds available for allocation is less than the amount available in the previous year,
each county's allocation must be reduced in proportion to the reduction in the statewide
funding, to establish each county's guaranteed floor.
new text end

new text begin Calendar year state allocations under subdivision 1 must be
paid to counties on or before July 10 of each year. Federal Title XX funds must be
allocated as permissible under federal law and regulations.
new text end

new text begin The county or human services board of each
county are responsible for administration and funding of children services in order to
achieve the public policy and priorities identified in sections 256N.02 and 256N.03. The
county board shall use funds under this act to support the strategies identified in its plan
under section 256N.07.
new text end

new text begin The county shall provide necessary reports and data as required
by the commissioner.
new text end

new text begin The state of Minnesota and the county in
the implementation and administration of services under this act must not be liable
for damages, injuries, or liabilities sustained through the purchase of services by the
individual, the individual's family, or the authorized representative under this section.
new text end

new text begin The county may establish a schedule of fees based upon
clients' ability to pay to be charged to recipients of children services. Payment, in whole or
in part, for services may be accepted from any person except that no fee may be charged to
persons or families whose adjusted gross household income is below the federal poverty
level. When services are provided to any person, including a recipient of aid administered
by the federal, state, or county government, payment of any charges due may be billed to
and accepted from a public assistance agency or from any public or private corporation.
new text end

new text begin Before a county denies, reduces, or terminates services to an individual, the county shall
notify the individual and the individual's guardian in writing of the reason for the denial,
reduction, or termination of services and their right to a fair hearing under section 256.045
and that the county will, upon request, meet to discuss alternatives before services are
terminated or reduced.
new text end

new text begin Sections 1 to 9 are effective January 1, 2011.
new text end

new text begin The revisor shall renumber section 256M.20, subdivision 3, as 256.01, subdivision
29, paragraph (a), and section 256M.20, subdivision 4, as section 256.01, subdivision 29,
paragraph (b), and correct any internal cross references resulting from this renumbering.
The revisor shall make any necessary technical, grammatical, or punctual changes to
accomplish this renumbering.
new text end

Minnesota Statutes 2008, section 256.991, is amended to read:

The commissioner of human services may promulgate rules as necessary to
implement sections 256.01, subdivision 2; deleted text begin 256.82, subdivision 3;deleted text end 256.966, subdivision 1;
256D.03, subdivisions 3, 4, 6, and 7; and 261.23. The commissioner shall promulgate
rules to establish standards and criteria for deciding which medical assistance services
require prior authorization and for deciding whether a second medical opinion is required
for an elective surgery. The commissioner shall promulgate rules as necessary to establish
the methods and standards for determining inappropriate utilization of medical assistance
services.

new text begin This section is effective January 1, 2011.
new text end

Minnesota Statutes 2008, section 256J.21, subdivision 2, is amended to read:

The following must be excluded in determining a
family's available income:

(1) payments for basic care, difficulty of care, and clothing allowances received for
providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, and payments received and used
for care and maintenance of a third-party beneficiary who is not a household member;

(2) reimbursements for employment training received through the Workforce
Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;

(3) reimbursement for out-of-pocket expenses incurred while performing volunteer
services, jury duty, employment, or informal carpooling arrangements directly related to
employment;

(4) all educational assistance, except the county agency must count graduate student
teaching assistantships, fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary educational expenses, shall
count scholarships or grants awarded to graduate students that do not require teaching
or research as unearned income;

(5) loans, regardless of purpose, from public or private lending institutions,
governmental lending institutions, or governmental agencies;

(6) loans from private individuals, regardless of purpose, provided an applicant or
participant documents that the lender expects repayment;

(7)(i) state income tax refunds; and

(ii) federal income tax refunds;

(8)(i) federal earned income credits;

(ii) Minnesota working family credits;

(iii) state homeowners and renters credits under chapter 290A; and

(iv) federal or state tax rebates;

(9) funds received for reimbursement, replacement, or rebate of personal or real
property when these payments are made by public agencies, awarded by a court, solicited
through public appeal, or made as a grant by a federal agency, state or local government,
or disaster assistance organizations, subsequent to a presidential declaration of disaster;

(10) the portion of an insurance settlement that is used to pay medical, funeral, and
burial expenses, or to repair or replace insured property;

(11) reimbursements for medical expenses that cannot be paid by medical assistance;

(12) payments by a vocational rehabilitation program administered by the state
under chapter 268A, except those payments that are for current living expenses;

(13) in-kind income, including any payments directly made by a third party to a
provider of goods and services;

(14) assistance payments to correct underpayments, but only for the month in which
the payment is received;

(15) payments for short-term emergency needs under section 256J.626, subdivision
2;

(16) funeral and cemetery payments as provided by section 256.935;

(17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
a calendar month;

(18) any form of energy assistance payment made through Public Law 97-35,
Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
providers by other public and private agencies, and any form of credit or rebate payment
issued by energy providers;

(19) Supplemental Security Income (SSI), including retroactive SSI payments and
other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;

(20) Minnesota supplemental aid, including retroactive payments;

(21) proceeds from the sale of real or personal property;

(22) state adoption assistance payments under section 259.67, new text begin adoption assistance
payments under chapter 256O, new text end and up to an equal amount of county adoption assistance
payments;

(23) state-funded family subsidy program payments made under section 252.32
to help families care for children with developmental disabilities, consumer support
grant funds under section 256.476, and resources and services for a disabled household
member under one of the home and community-based waiver services programs under
chapter 256B;

(24) interest payments and dividends from property that is not excluded from and
that does not exceed the asset limit;

(25) rent rebates;

(26) income earned by a minor caregiver, minor child through age 6, or a minor
child who is at least a half-time student in an approved elementary or secondary education
program;

(27) income earned by a caregiver under age 20 who is at least a half-time student in
an approved elementary or secondary education program;

(28) MFIP child care payments under section 119B.05;

(29) all other payments made through MFIP to support a caregiver's pursuit of
greater economic stability;

(30) income a participant receives related to shared living expenses;

(31) reverse mortgages;

(32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
42, chapter 13A, sections 1771 to 1790;

(33) benefits provided by the women, infants, and children (WIC) nutrition program,
United States Code, title 42, chapter 13A, section 1786;

(34) benefits from the National School Lunch Act, United States Code, title 42,
chapter 13, sections 1751 to 1769e;

(35) relocation assistance for displaced persons under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
42, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
Code, title 12, chapter 13, sections 1701 to 1750jj;

(36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
12, part 2, sections 2271 to 2322;

(37) war reparations payments to Japanese Americans and Aleuts under United
States Code, title 50, sections 1989 to 1989d;

(38) payments to veterans or their dependents as a result of legal settlements
regarding Agent Orange or other chemical exposure under Public Law 101-239, section
10405, paragraph (a)(2)(E);

(39) income that is otherwise specifically excluded from MFIP consideration in
federal law, state law, or federal regulation;

(40) security and utility deposit refunds;

(41) American Indian tribal land settlements excluded under Public Laws 98-123,
98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;

(42) all income of the minor parent's parents and stepparents when determining the
grant for the minor parent in households that include a minor parent living with parents or
stepparents on MFIP with other children;

(43) income of the minor parent's parents and stepparents equal to 200 percent of the
federal poverty guideline for a family size not including the minor parent and the minor
parent's child in households that include a minor parent living with parents or stepparents
not on MFIP when determining the grant for the minor parent. The remainder of income is
deemed as specified in section 256J.37, subdivision 1b;

(44) payments made to children eligible for deleted text begin relative custodydeleted text end new text begin guardianship new text end assistance
under deleted text begin section 257.85deleted text end new text begin chapter 256Onew text end ;

(45) vendor payments for goods and services made on behalf of a client unless the
client has the option of receiving the payment in cash;

(46) the principal portion of a contract for deed payment; and

(47) cash payments to individuals enrolled for full-time service as a volunteer under
AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
National, and AmeriCorps NCCC.

new text begin This section is effective January 1, 2011.
new text end

Minnesota Statutes 2008, section 256J.24, subdivision 3, is amended to read:

(a) The
following individuals who are part of the assistance unit determined under subdivision 2
are ineligible to receive MFIP:

(1) individuals who are recipients of Supplemental Security Income or Minnesota
supplemental aid;

(2) individuals disqualified from the food stamp or food support program or MFIP,
until the disqualification ends;new text begin and
new text end

(3) children deleted text begin on whose behalfdeleted text end new text begin eligible for Northstar Care for Children under chapter
256O when the caregiver receivesnew text end federal, state or local foster carenew text begin ; guardianship
assistance; or adoption assistancenew text end payments deleted text begin are madedeleted text end new text begin for themnew text end , except as provided in
sections 256J.13, subdivision 2, and 256J.74, subdivision 2deleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (4) children receiving ongoing monthly adoption assistance payments under section
259.67.
deleted text end

(b) The exclusion of a person under this subdivision does not alter the mandatory
assistance unit composition.

new text begin This section is effective January 1, 2011.
new text end

Minnesota Statutes 2008, section 256J.24, subdivision 4, is amended to read:

(a) The
minor child's eligible caregiver may choose to be in the assistance unit, if the caregiver
is not required to be in the assistance unit under subdivision 2. If the eligible caregiver
chooses to be in the assistance unit, that person's spouse must also be in the unit.

(b) Any minor child not related as a sibling, stepsibling, or adopted sibling to the
minor child in the unit, but for whom there is an eligible caregiver may elect to be in
the unit.

(c) A deleted text begin foster caredeleted text end provider deleted text begin of a minor child who isdeleted text end receiving deleted text begin federal, state, or
local foster care maintenance paymentsdeleted text end new text begin benefits for a child eligible for Northstar Care
for Children under chapter 256Onew text end may elect to receive MFIP if the provider meets the
definition of caregiver under section 256J.08, subdivision 11. If the provider chooses to
receive MFIP, the spouse of the provider must also be included in the assistance unit with
the provider. The provider and spouse are eligible for deleted text begin assistancedeleted text end new text begin MFIPnew text end even if the only
minor child living in the provider's home is receiving deleted text begin foster care maintenance paymentsdeleted text end new text begin
benefits from Northstar Care for Childrennew text end .

(d) The adult caregiver or caregivers of a minor parent are eligible to be a separate
assistance unit from the minor parent and the minor parent's child when:

(1) the adult caregiver or caregivers have no other minor children in the household;

(2) the minor parent and the minor parent's child are living together with the adult
caregiver or caregivers; and

(3) the minor parent and the minor parent's child receive MFIP, or would be eligible
to receive MFIP, if they were not receiving SSI benefits.

new text begin This section is effective January 1, 2011.
new text end

new text begin Sections 256O.001 to 256O.270 may be cited as the "Northstar Care for Children
Act." Sections 256O.001 to 256O.270 establish Northstar Care for Children, which
authorizes certain benefits to support children in need who are served by the Minnesota
child welfare system and who are the responsibility of the state of Minnesota, local county
social service agencies, or tribal social service agencies under section 256.01, subdivision
14b. A child eligible for the benefit has experienced a child welfare intervention that has
resulted in the child being placed away from the child's parents' care and is receiving
foster care services under chapter 260B, 260C, or 260D or is in the permanent care of
relatives through a transfer of permanent legal and physical custody, or in the permanent
care of adoptive parents.
new text end

new text begin (a) The legislature hereby declares that the public policy of this state is to keep
children safe from harm and to ensure that when children suffer harmful or injurious
experiences in their lives, appropriate services are immediately available to keep them safe.
new text end

new text begin (b) Children do best in permanent, safe, nurturing homes with long-term
relationships with adults. Whenever safely possible, children are best served when they
can be nurtured and raised by their parents. Where services cannot be provided to allow a
child to remain safely at home, an out-of-home placement may be required. When this
occurs, reunification should be sought if it can be accomplished safely. When it is not
possible for parents to provide safety and permanency for their children, an alternative
permanent home must quickly be made available to the child, drawing from kinship
sources whenever possible.
new text end

new text begin (c) Minnesota understands the importance of having a comprehensive approach to
temporary out-of-home care and to permanent homes for children who cannot be reunited
with their families. It is critical that stable benefits be available to caregivers to ensure
that the child's needs can be met whether the child's situation and best interests call for
temporary foster care, transfer of permanent legal and physical custody to a relative, or
adoption. Northstar Care for Children focuses on the child's needs and strengths, and
the actual level of care provided by the caregiver, without consideration for the type of
placement setting. In this way, caregivers are not faced with the burden of making specific
long-term decisions based upon competing financial incentives.
new text end

new text begin For the purposes of sections 256O.001 to 256O.270, the
terms defined in this section have the meanings given them.
new text end

new text begin "Adoption assistance" means financial support,
medical coverage, or both, provided under agreement with the legally responsible agency
and the commissioner to the parents of an adoptive child whose special needs would
otherwise make it difficult to place the child for adoption, to assist with the cost of caring
for the child.
new text end

new text begin "Assessment" means the process under section 256O.240 by
which is determined the benefits an eligible child may receive under section 256O.250.
new text end

new text begin "At-risk child" means a child who does not have a
documented disability but who is at risk of developing a physical, mental, emotional, or
behavioral disability based on being related within the first or second degree to persons
who have an inheritable physical, mental, emotional, or behavioral disabling condition,
or from a background which has the potential to cause the child to develop a physical,
mental, emotional, or behavioral disability. The disability that the child is at risk of
developing must be likely to manifest during childhood. A high-risk child under section
259.67 is considered an at-risk child.
new text end

new text begin "Basic rate" means the maintenance payment made on behalf
of a child to support the costs caregivers incur to meet a child's needs consistent with the
care parents customarily provide, including: food, clothing, shelter, daily supervision,
school supplies, child's personal incidentals, reasonable travel to the child's home for
visitation, and transportation needs associated with providing the listed items.
new text end

new text begin "Caregiver" means the foster parent of a child in foster care
who meets the requirements of emergency relative placement, a licensed foster parent
under chapter 245A, or approved by the tribe; the relative custodian; or the adoptive parent
who has legally adopted a child.
new text end

new text begin "Child-placing agency" means an agency licensed
under section 245A.03, subdivision 1, clauses (2) and (3).
new text end

new text begin "Commissioner" means the commissioner of human
services.
new text end

new text begin "County board" means the board of county commissioners
in each county.
new text end

new text begin "Disability" means a professionally documented physical,
mental, emotional, or behavioral impairment that substantially limits one or more major
life activity. Major life activities include, but are not limited to: thinking, walking,
hearing, breathing, working, seeing, speaking, communicating, learning, developing and
maintaining healthy relationships, safely caring for oneself, and performing manual tasks.
The nature, duration, and severity of the impairment must be used in determining if the
limitation is substantial.
new text end

new text begin "Foster care" means foster care as described either in section
260B.007, subdivision 7, or 260C.007, subdivision 18.
new text end

new text begin "Guardianship assistance" means financial
support, medical coverage, or both, provided under agreement with the legally responsible
agency and the commissioner to a relative who has received permanent legal and physical
custody of a child, to assist with the cost of caring for the child.
new text end

new text begin "Human services board" means a board
established under section 402.02; Laws 1974, chapter 293; or Laws 1976, chapter 340.
new text end

new text begin "Legally responsible agency" means the
Minnesota agency that is assigned responsibility for placement, care, and supervision
of the child through a court order, voluntary placement agreement, or voluntary
relinquishment. These agencies include both local social service agencies under section
393.07 and tribal social service agencies authorized in section 256.01, subdivision 14b,
and Minnesota tribes when legal responsibility is transferred to the tribal social service
agency through a Minnesota district court order.
new text end

new text begin "Maintenance payments" means the basic
rate plus any supplemental difficulty of care rate under Northstar Care for Children. It
specifically does not include the cost of initial clothing allowance, payment for social
services, or administrative payments to a child-placing agency.
new text end

new text begin "Permanent legal and
physical custody" means permanent legal and physical custody ordered by a Minnesota
juvenile court under section 260C.201, subdivision 11, or for children under tribal
court jurisdiction, similar provision under tribal code which means that the individual
responsible for the child has responsibility for the protection, education, care, and control
of the child and decision making on behalf of the child.
new text end

new text begin "Reassessment" means an update of the previous
assessment through the process under section 256O.240 for a child who has been
continuously eligible for this benefit.
new text end

new text begin "Relative" as described in section 260C.007, subdivision 27,
means a person related to the child by blood, marriage, or adoption, or an individual who
is an important friend with whom the child has resided or had significant contact. For an
Indian child, relative includes members of the extended family as defined by the law or
custom of the Indian child's tribe or, in the absence of law or custom, nieces, nephews,
or first or second cousins, as provided in the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1903.
new text end

new text begin "Relative custodian" means a person to whom
permanent legal and physical custody of a child has been transferred under section
260C.201, subdivision 11, or for children under tribal court jurisdiction, a similar
provision under tribal code which means that the individual responsible for the child has
responsibility for the protection, education, care, and control of the child and decision
making on behalf of the child.
new text end

new text begin "Supplemental difficulty of care
rate" means the supplemental rating, if any, as determined by the legally responsible
agency or the state, based upon an assessment under section 256O.240. The supplemental
rate supports activities consistent with the care a parent would provide a child with special
needs and not the equivalent of a purchased service. The rate considers the capacity
and intensity of the activities associated with parenting duties provided in the home to
nurture the child, preserve the child's connections, and support the child's functioning in
the home and community.
new text end

new text begin A child is eligible for Northstar Care for Children if
the child is eligible for:
new text end

new text begin (1) foster care under section 256O.210;
new text end

new text begin (2) guardianship assistance under section 256O.220; or
new text end

new text begin (3) adoption assistance under section 256O.230.
new text end

new text begin A child eligible for Northstar Care for
Children shall receive an assessment under section 256O.240. For a child eligible for
guardianship assistance or adoption assistance, negotiations with caregivers and the
development of a written, binding agreement must be conducted under section 256O.240.
new text end

new text begin A child eligible for Northstar Care for Children
is entitled to benefits specified in section 256O.250, based primarily on assessments,
negotiations, and agreements under section 256O.240. Although paid to the caregiver,
these benefits are considered benefits of the child rather than of the caregiver.
new text end

new text begin The cost of Northstar Care for Children must be
shared among the federal government, state, counties of financial responsibility, and
certain tribes as specified in section 256O.260.
new text end

new text begin The commissioner and legally responsible
agency shall administer Northstar Care for Children according to section 256O.270. The
notification and fair hearing process is defined in section 256O.270.
new text end

new text begin Provisions for the transition to Northstar Care for Children are
specified in sections 256O.240, subdivision 13, and 256O.270, subdivisions 2 and 7 to
10. Additional provisions for children in foster care are specified in section 256O.210,
subdivision 5; for children in relative custody assistance under section 257.85 are specified
in section 256O.220, subdivision 8; and for children in adoption assistance under section
259.67 are specified in section 256O.230, subdivision 14.
new text end

new text begin This section establishes the
eligibility for benefits when children are placed in foster care.
new text end

new text begin (a) A child that meets the requirements of subdivision 2 on or after January 1, 2011,
is eligible for the benefit.
new text end

new text begin (b) The benefit to the child under Northstar Care for Children, if any, is determined
under sections 256O.240 and 256O.250.
new text end

new text begin (c) When a child is eligible for additional services, subdivisions 3 and 4 govern
the co-occurrence of program eligibility.
new text end

new text begin (d) The child's benefit is individually assessed and the information assessment is
used to determine future eligibility for guardianship assistance and adoption assistance,
if needed.
new text end

new text begin (e) The county of financial responsibility, or, for children in the American Indian
Child Welfare Initiative, the responsible tribal social service agency authorized in section
256.01, subdivision 14b, shall make a title IV-E eligibility determination for all foster
children in Northstar Care for Children. To be eligible for title IV-E foster care, a child
must also meet any additional criteria specified in section 472 of the Social Security Act.
new text end

new text begin To be eligible for Northstar Care for Children,
all of the following criteria must be met:
new text end

new text begin (1) the child is placed away from the child's legal parents or guardian and a legally
responsible agency has placement authority and care responsibility;
new text end

new text begin (2) the legally responsible agency has authority to place the child with a voluntary
placement agreement or a court order, consistent with section 260C.001, 260B.175, or
260D.01, or continued eligibility consistent with section 260C.451; and
new text end

new text begin (3) the child is placed in an emergency relative placement under section 245A.035,
a licensed foster family setting, foster residence setting, or treatment foster care setting
licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or a family foster home
approved by a tribal agency.
new text end

new text begin A child who is a minor parent in placement with the
minor parent's child in the same home is eligible for the benefit. The benefit is limited
to the minor parent unless the legally responsible agency has separate legal authority
for placement of the minor parent's child.
new text end

new text begin The basic and supplemental difficulty of care
payments represent costs for activities similar in nature to those expected of parents and do
not cover services rendered by the licensed foster parent or facility or any administrative
cost. The county of financial responsibility, or, for children in the American Indian Child
Welfare Initiative, the responsible tribal social service agency authorized in section
256.01, subdivision 14b, may pay a fee for specific services provided by the licensed
foster parent or facility. Any foster parent or residence setting must be able to distinguish
the service from the daily care of the child, as assessed in the universal assessment under
section 256O.240. Administrative costs or fees are not part of this benefit.
new text end

new text begin All children in family foster care who are the
financial responsibility of local social service agencies under section 393.07 or tribal
social service agencies authorized in section 256.01, subdivision 14b, are eligible for
Northstar Care for Children. All eligible foster children must be assessed according to
section 256O.240 and then transitioned into Northstar Care for Children according to
the process in section 256O.270.
new text end

new text begin (a) To be eligible for guardianship
assistance, there must be a judicial determination under section 260C.201, subdivision 11,
paragraph (c), that a transfer of permanent legal and physical custody to a relative or, for
a child under tribal jurisdiction, a similar provision under tribal code which means that
the individual responsible for the child has responsibility for the protection, education,
care, and control of the child and decision making on behalf of the child, is in the child's
best interest. Additionally, a child must:
new text end

new text begin (1) have been removed from the child's home pursuant to a voluntary placement
agreement or court order;
new text end

new text begin (2)(i) have resided in foster care for at least six consecutive months in the home
of the prospective relative custodian; or
new text end

new text begin (ii) have received an exemption from the requirement in item (i) from the court based
on a determination that an expedited move to permanency is in the child's best interest;
new text end

new text begin (3) meet the judicial determination regarding permanency requirements in
subdivision 2;
new text end

new text begin (4) meet the applicable citizenship and immigration requirements in subdivision
3; and
new text end

new text begin (5) have been consulted regarding the proposed transfer of permanent legal and
physical custody to a relative, if the child has attained 14 years of age or is expected to
attain 14 years of age prior to the transfer of permanent legal and physical custody.
new text end

new text begin (b) In addition to the requirements in paragraph (a), the child's prospective relative
custodian or custodians must meet the applicable background study requirements in
subdivision 4.
new text end

new text begin (c) The legally responsible agency shall make a title IV-E guardianship assistance
eligibility determination for each child. To be eligible for title IV-E guardianship
assistance, a child must also meet any additional criteria specified in section 473(d) of
the Social Security Act. A child who meets all eligibility criteria, except those specific
to title IV-E guardianship assistance, is entitled to guardianship assistance paid through
state funds.
new text end

new text begin To be eligible for
guardianship assistance, the following judicial determinations regarding permanency must
be made for the child prior to the transfer of permanent legal and physical custody:
new text end

new text begin (1) a judicial determination that reunification and adoption are not appropriate
permanency options for the child; and
new text end

new text begin (2) a judicial determination that the child demonstrates a strong attachment to the
prospective relative custodian and the relative custodian has a strong commitment to
caring permanently for the child.
new text end

new text begin (a) A child must be a citizen of the
United States or otherwise eligible for federal public benefits according to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to
be eligible for title IV-E guardianship assistance.
new text end

new text begin (b) A child must be a citizen of the United States or meet the qualified alien
requirements as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended, in order to be eligible for state-funded
guardianship assistance.
new text end

new text begin (a) A background study must be completed on each
prospective relative custodian. If a background study on the prospective relative custodian
was previously completed under section 245A.04 for the purposes of foster care licensure,
that background study may be used for the purposes of this section, provided that the
background study is current at the time of the application for guardianship assistance.
If the background study reveals:
new text end

new text begin (1) a felony conviction at any time for child abuse or neglect;
new text end

new text begin (2) spousal abuse;
new text end

new text begin (3) a crime against children, including child pornography;
new text end

new text begin (4) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or
new text end

new text begin (5) a felony conviction within the past five years for physical assault, battery, or a
drug-related offense,
new text end

new text begin the prospective relative custodian is prohibited from receiving title IV-E guardianship
assistance payments on behalf of an otherwise eligible child.
new text end

new text begin (b) An otherwise eligible prospective relative custodian who possesses one of the
felony convictions in paragraph (a) may receive state-funded guardianship assistance
payments on behalf of an otherwise eligible child if the court has made a judicial
determination that:
new text end

new text begin (1) the legally responsible agency has thoroughly reviewed the felony conviction
and has considered the impact, if any, that the conviction may have on the child's safety,
well-being, and permanency;
new text end

new text begin (2) the conviction likely does not pose a current or future safety risk to the child;
new text end

new text begin (3) there is no other available permanency resource that is appropriate for the
child; and
new text end

new text begin (4) the proposed transfer of permanent legal and physical custody is in the child's
best interest.
new text end

new text begin A child placed in the state from another state or a tribe outside
the state is not eligible for state-funded guardianship assistance through the state. A child
placed in the state from another state or a tribe outside of the state may be eligible for title
IV-E guardianship assistance through the state if all eligibility factors are met and there is
no state agency that has responsibility for placement and care of the child.
new text end

new text begin A child with a guardianship assistance agreement under
Northstar Care for Children is not eligible for the MFIP child-only grant under section
256J.88.
new text end

new text begin (a) A guardianship assistance agreement terminates in any
of the following circumstances:
new text end

new text begin (1) the child reaches the age of 18;
new text end

new text begin (2) the commissioner determines that the relative custodian is no longer legally
responsible for support of the child;
new text end

new text begin (3) the commissioner determines that the relative custodian is no longer providing
financial support to the child;
new text end

new text begin (4) death of the child; or
new text end

new text begin (5) the relative custodian requests termination of the guardianship assistance
agreement in writing.
new text end

new text begin (b) A relative custodian is considered no longer legally responsible for support of
the child in any of the following circumstances:
new text end

new text begin (1) permanent legal and physical custody of the child is transferred to another
individual;
new text end

new text begin (2) death of the relative custodian;
new text end

new text begin (3) enlistment of the child in the military;
new text end

new text begin (4) marriage of the child; or
new text end

new text begin (5) emancipation of the child through legal action of another state.
new text end

new text begin Effective December 31, 2010, all relative
custody assistance agreements under section 257.85 must terminate. A child who has a
relative custody assistance agreement executed on the child's behalf under section 257.85
on or before November 24, 2010, is eligible for Northstar Care for Children beginning
January 1, 2011, provided that all parties have signed the guardianship assistance
agreement on or before that date. All eligible children shall be assessed according to
section 256O.240 and transitioned into Northstar Care for Children according to the
process in section 256O.270. Effective November 25, 2010, a child who meets the
eligibility criteria for guardianship assistance in subdivision 1, may have a guardianship
assistance agreement negotiated on the child's behalf according to section 256O.240,
and the effective date of the agreement is January 1, 2011, or the date of the court order
transferring permanent legal and physical custody, whichever is later.
new text end

new text begin (a) To be eligible for adoption
assistance, a child must:
new text end

new text begin (1) be determined to be a child with special needs, according to subdivision 2;
new text end

new text begin (2) meet the applicable citizenship and immigration requirements in subdivision
3; and
new text end

new text begin (3)(i) meet the criteria outlined in section 473 of the Social Security Act; or
new text end

new text begin (ii) have had foster care payments paid on the child's behalf while in out-of-home
placement through the county or tribe, and be either under the guardianship of the
commissioner or under the jurisdiction of a Minnesota tribe and adoption according to
tribal law is the child's documented permanency plan.
new text end

new text begin (b) In addition to the requirements in paragraph (a), the child's adoptive parent or
parents must meet the applicable background study requirements in subdivision 4.
new text end

new text begin (c) The legally responsible agency shall make a title IV-E adoption assistance
eligibility determination for each child. A child who meets all eligibility criteria, except
those specific to title IV-E adoption assistance, shall receive adoption assistance paid
through state funds.
new text end

new text begin (a) A child is considered a child with special
needs under this section if all of the following criteria in paragraphs (b) to (d) are met.
new text end

new text begin (b) There has been a determination that the child cannot or should not be returned to
the home of the child's parents as evidenced by:
new text end

new text begin (1) a court-ordered termination of parental rights;
new text end

new text begin (2) a petition to terminate parental rights;
new text end

new text begin (3) a consent to adopt accepted by the court under sections 260C.201, subdivision
11, and 259.24;
new text end

new text begin (4) in circumstances when tribal law permits the child to be adopted without a
termination of parental rights, a judicial determination by tribal court indicating the valid
reason why the child cannot or should not return home;
new text end

new text begin (5) a voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment
occurred in another state, the applicable laws in that state; or
new text end

new text begin (6) the death of the legal parent.
new text end

new text begin (c) There exists a specific factor or condition because of which it is reasonable to
conclude that the child cannot be placed with adoptive parents without providing adoption
assistance as evidenced by:
new text end

new text begin (1) a determination by the Social Security Administration that the child meets all
medical or disability requirements of title XVI of the Social Security Act with respect to
eligibility for Supplemental Security Income benefits;
new text end

new text begin (2) a documented physical, mental, emotional, or behavioral disability not covered
under clause (1);
new text end

new text begin (3) membership in a sibling group being adopted at the same time by the same parent;
new text end

new text begin (4) adoptive placement in the home of a parent who previously adopted another child
born of the same mother or father for whom they receive adoption assistance; or
new text end

new text begin (5) documentation that the child is an at-risk child according to subdivision 7.
new text end

new text begin (d) A reasonable but unsuccessful effort has been made to place the child with
adoptive parents without providing adoption assistance as evidenced by:
new text end

new text begin (1)(i) a documented search for an appropriate adoptive placement; or
new text end

new text begin (ii) a determination by the commissioner that such a search would not be in the best
interests of the child; and
new text end

new text begin (2) a written statement from the identified prospective adoptive parents that they are
either unwilling or unable to adopt the child without adoption assistance.
new text end

new text begin (e) To meet the requirement of a documented search for an appropriate adoptive
placement under paragraph (d), clause (1), item (i), the placing agency minimally shall:
new text end

new text begin (1) give consideration as required by section 260C.212, subdivision 5, to placement
with a relative;
new text end

new text begin (2) for an Indian child covered by the Indian Child Welfare Act, comply with the
placement preferences identified in the Indian Child Welfare Act and the Minnesota Indian
Family Preservation Act; and
new text end

new text begin (3) review all families approved for adoption who are associated with the placing
agency.
new text end

new text begin If the review of families associated with the placing agency results in the identification
of an appropriate adoptive placement for the child, the placing agency must provide
documentation of the placement decision to the commissioner as part of the application
for adoption assistance. If two or more appropriate families are not approved or available
within the placing agency, the agency shall locate additional prospective adoptive families
by registering the child with the state adoption exchange, as defined in section 259.75. If
registration with the state adoption exchange does not result in an appropriate family for
the child, the agency shall employ other recruitment methods as outlined in recruitment
policies and procedures prescribed by the commissioner, to meet this requirement.
new text end

new text begin (f) The requirement for a documented search for an appropriate adoptive placement
including a review of all families approved for adoption that are associated with the
placing agency, registration of the child with the state adoption exchange, and additional
recruitment methods must be waived if:
new text end

new text begin (1) the child is being adopted by a relative;
new text end

new text begin (2) the child is being adopted by foster parents with whom the child has developed
significant emotional ties while in the foster parents' care as a foster child; or
new text end

new text begin (3) the child is being adopted by a family that previously adopted a child of the
same mother or father;
new text end

new text begin and the court determines that adoption by the identified family is in the child's best interest.
For an Indian child covered by the Indian Child Welfare Act, a waiver must not be granted
unless the placing agency has complied with the placement preferences identified in the
Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
new text end

new text begin (g) Once the placing agency has determined that placement with an identified family
is in the child's best interest and made full written disclosure about the child's social and
medical history, the agency must ask the prospective adoptive parents if they are willing to
adopt the child without adoption assistance. If the identified family is either unwilling
or unable to adopt the child without adoption assistance, they must provide a written
statement to this effect to the placing agency to fulfill the requirement to make a reasonable
effort to place the child without adoption assistance, and a copy of this statement shall be
included in the adoption assistance application. If the identified family desires to adopt
the child without adoption assistance, they must provide a written statement to this effect
to the placing agency and the statement shall be maintained in the permanent adoption
record of the placing agency. For children under the commissioner's guardianship, the
placing agency shall submit a copy of this statement to the commissioner to be maintained
in the permanent adoption record.
new text end

new text begin (a) A background study under section 259.41 must be
completed on each prospective adoptive parent. If the background study reveals:
new text end

new text begin (1) a felony conviction at any time for child abuse or neglect;
new text end

new text begin (2) spousal abuse;
new text end

new text begin (3) a crime against children, including child pornography;
new text end

new text begin (4) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or
new text end

new text begin (5) a felony conviction within the past five years for physical assault, battery, or a
drug-related offense,
new text end

new text begin the adoptive parent is prohibited from receiving title IV-E adoption assistance on behalf of
an otherwise eligible child.
new text end

new text begin (b) A prospective adoptive parent who possesses one of the felony convictions in
paragraph (a) may receive state-funded adoption assistance on behalf of an otherwise
eligible child if the court has made a judicial determination that:
new text end

new text begin (2) the conviction likely does not pose a current or future safety risk to the child;
new text end

new text begin (3) there is no other available permanency resource that is appropriate for the
child; and
new text end

new text begin (4) the adoptive placement is in the child's best interest.
new text end

new text begin A child placed in the state from another state or a tribe outside
the state is not eligible for state-funded adoption assistance through the state. A child
placed in the state from another state or a tribe outside of the state may be eligible for title
IV-E adoption assistance through the state of Minnesota if all eligibility factors are met
and there is no state agency that has responsibility for placement and care of the child.
new text end

new text begin Payments for adoption assistance must
not be made to a biological parent of the child or a stepparent who adopts the child.
Direct placement adoptions under section 259.47 or the equivalent in tribal code are
not eligible for state-funded adoption assistance. A child who is adopted by the child's
legal custodian or guardian is not eligible for state-funded adoption assistance. A child
who is adopted by the child's legal custodian or guardian may be eligible for title IV-E
adoption assistance if all required eligibility factors are met. International adoptions are
not eligible for adoption assistance unless the adopted child has been placed into foster
care through the public child welfare system subsequent to the failure of the adoption,
and all required eligibility factors are met.
new text end

new text begin (a) Documentation must be provided to verify that a child
meets the special needs criteria in subdivision 2.
new text end

new text begin (b) Documentation of the disability is limited to evidence deemed appropriate by
the commissioner.
new text end

new text begin (c) To qualify as being an at-risk child, the placing agency shall provide to the
commissioner one or more of the following:
new text end

new text begin (1) documented information in a county or tribal social service department record or
court record that a relative within the first or second degree has a medical diagnosis or
medical history, including diagnosis of a significant mental health or chemical dependency
issue, which could result in the child's development of a disability during childhood;
new text end

new text begin (2) documented information that while in the public child welfare system, the child
has experienced three or more placements with extended family or different foster homes
that could affect the normal attachment process;
new text end

new text begin (3) documented evidence in a county or tribal social service department record that
the child experienced neglect in the first three years of life or sustained physical injury,
sexual abuse, or physical disease that could have a long-term effect on physical, emotional
or mental development; or
new text end

new text begin (4) documented evidence in a medical or hospital record, law enforcement record,
county or tribal social service department record, court record, or record of an agency
under a contract with a county social service agency or the state to provide child welfare
services that the birth mother used drugs or alcohol during pregnancy which could later
result in the child's development of a disability.
new text end

new text begin (a) An adoption assistance agreement terminates in any
of the following circumstances:
new text end

new text begin (1) the child attains the age of 18, unless an extension according to subdivisions 10
to 13 are applied for by the adoptive parents and granted by the commissioner;
new text end

new text begin (2) the commissioner determines that the adoptive parents are no longer legally
responsible for support of the child;
new text end

new text begin (3) the commissioner determines that the adoptive parents are no longer providing
financial support to the child;
new text end

new text begin (4) death of the child; or
new text end

new text begin (5) the adoptive parents request termination of the adoption assistance agreement
in writing.
new text end

new text begin (b) An adoptive parent is considered no longer legally responsible for support of the
child in any of the following circumstances:
new text end

new text begin (1) parental rights to the child are legally terminated;
new text end

new text begin (2) permanent legal and physical custody or guardianship of the child is transferred
to another individual;
new text end

new text begin (3) death of the adoptive parent;
new text end

new text begin (4) enlistment of the child in the military;
new text end

new text begin (5) marriage of the child; or
new text end

new text begin (6) emancipation of the child through legal action of another state.
new text end

new text begin (a) The adoption
assistance agreement ends upon death or termination of parental rights of both of the
adoptive parents, in the case of a two-parent adoption, or the sole adoptive parent, in the
case of a single-parent adoption, but the child maintains eligibility for state-funded or title
IV-E adoption assistance in a subsequent adoption if the following criteria are met:
new text end

new text begin (1) the child is determined to be a child with special needs as described in
subdivision 2;
new text end

new text begin (2) the subsequent adoptive parents reside in the state of Minnesota; and
new text end

new text begin (3) no state agency outside the state has responsibility for placement and care of the
child at the time of the subsequent adoption.
new text end

new text begin (b) According to federal regulations, if the child had a title IV-E adoption assistance
agreement prior to the death of the adoptive parents or dissolution of the adoption, and a
state agency outside of the state of Minnesota has responsibility for placement and care of
the child at the time of the subsequent adoption, the state of Minnesota is not responsible
for determining whether the child meets the definition of special needs, entering into the
adoption assistance agreement, and making any adoption assistance payments outlined in
the new agreement.
new text end

new text begin (c) According to federal regulations, if the child had a title IV-E adoption assistance
agreement prior to the death of the adoptive parents or dissolution of the adoption, the
subsequent adoptive parents reside outside of the state of Minnesota, and no state agency
has responsibility for placement and care of the child at the time of the subsequent
adoption, the state of Minnesota is not responsible for determining whether the child
meets the definition of special needs, entering into the adoption assistance agreement, and
making any adoption assistance payments outlined in the new agreement.
new text end

new text begin Under certain limited circumstances, a child may
qualify for extension of the adoption assistance agreement beyond the date the child attains
age 18. An application for extension must be completed and submitted by the adoptive
parent at least 90 days prior to the date the child attains age 18, unless the child's adoption
is scheduled to finalize less than 90 days prior to that date, in which case the application
for extension must be completed and submitted with the adoption assistance application.
The application for extension shall be made on forms established by the commissioner and
shall include documentation of eligibility as specified by the commissioner.
new text end

new text begin (a)
Extensions based on a child's continuing physical or mental disability must be applied for
prior to the date the child attains age 18. The commissioner must not grant an extension on
this basis if an extension based on continued enrollment in a secondary education program
or being a child whose adoption finalized after age 16 was previously granted for the child.
new text end

new text begin (b) A child is eligible for extension of the adoption assistance agreement to the date
the child attains age 21 if the following criteria are met:
new text end

new text begin (1) the child has a mental or physical disability upon which eligibility for adoption
assistance was based which warrants the continuation of assistance;
new text end

new text begin (2) the child is unable to obtain self-sustaining employment due to the
aforementioned mental or physical disability; and
new text end

new text begin (3) the child needs significantly more care and support than what is typical for an
individual of the same age.
new text end

new text begin (a) If a child does not qualify for extension based on a continuing physical or
mental disability, or a parent chooses not to apply for an extension on that basis, the
adoptive parents may make an application for continuation of adoption assistance based
on enrollment in a secondary education program.
new text end

new text begin (b) If a child is enrolled full time in a secondary education program or a program
leading to an equivalent credential, the child is eligible for extension to the expected
graduation date or the date the child attains age 19, whichever is earlier. If a child receives
a school-based extension and at any time ceases to be enrolled in a full-time secondary
education program or a program leading to an equivalent credential, the adoptive parents
must notify the commissioner and the agreement must terminate.
new text end

new text begin (c) Extensions based on continuation in a secondary education program must be paid
from state funds only, unless the child meets the extension criteria in subdivision 13.
new text end

new text begin A
child who attained the age of 16 prior to finalization of the child's adoption is eligible
for extension of the adoption assistance agreement to the date the child attains age 21
if the child is:
new text end

new text begin (1) completing a secondary education program or a program leading to an equivalent
credential;
new text end

new text begin (2) enrolled in an institution which provides postsecondary or vocational education;
new text end

new text begin (3) participating in a program or activity designed to promote or remove barriers to
employment;
new text end

new text begin (4) employed for at least 80 hours per month; or
new text end

new text begin (5) incapable of doing any of the activities described in clauses (1) to (4) due to a
medical condition, which incapability is supported by regularly updated information in
the case plan of the child.
new text end

new text begin A child who has an adoption assistance
agreement executed on their behalf under section 259.67 on or before November 24, 2010,
is eligible for Northstar Care for Children beginning January 1, 2011, provided that all
parties have signed the renegotiated adoption assistance agreement on or before that date.
The adoption assistance agreement of eligible children whose adoptive parents decide to
opt in to Northstar Care for Children must be renegotiated according to the process in
section 256O.270. All eligible children whose adoptive parents decide to renegotiate
their adoption assistance agreement under Northstar Care for Children must be assessed
according to section 256O.240 and then transitioned into Northstar Care for Children
according to the process in section 256O.270. Effective November 25, 2010, a child
who meets the eligibility criteria for adoption assistance in subdivision 1 may have an
adoption assistance agreement negotiated on their behalf according to section 256O.240,
and the effective date of the agreement is January 1, 2011, or the date of the court order
finalizing the adoption, whichever is later.
new text end

new text begin Every child eligible under sections 256O.210,
256O.220, and 256O.230 must be assessed to determine the benefits the child may receive
under section 256O.250 according to the tool, process, and requirements specified in
subdivision 2. A child eligible for guardianship assistance under section 256O.220 or
adoption assistance under section 256O.230 who is determined to be an at-risk child
must be assessed at level A under section 256O.250, subdivision 1. All other children
shall be assessed at the basic level, level B, or one of ten supplemental difficulty of care
levels, levels C to L.
new text end

new text begin Consistent with sections 256O.001 to 256O.270, the commissioner
shall establish the tool to be used and the process to be followed, including appropriate
documentation and other requirements, when conducting the assessment of children
entering or continuing in Northstar Care for Children. The assessment tool must take
into consideration the needs of the child and the ability of the caregiver to meet the
child's needs.
new text end

new text begin (a) The assessment tool
established under subdivision 2 must include consideration of the caregiver's need
for child care according to this subdivision. Prior to including consideration of the
caregiver's need for child care on the child's assessment, prospective adoptive parents or
relative custodians shall apply to the child care assistance program under chapter 119B.
Foster parents are not required to apply to the child care assistance program to have the
caregiver's need for child care considered as part of the foster child's assessment.
new text end

new text begin (b) The child's assessment must include consideration of the caregiver's need for
child care if all the following criteria are met:
new text end

new text begin (1) the child has not attained the age of 13;
new text end

new text begin (2) all available adult caregivers are employed or attending training or educational
programs;
new text end

new text begin (3) the caregiver has applied for the child care assistance program under paragraph
(a); and
new text end

new text begin (4) child care assistance under chapter 119B is not received for the child.
new text end

new text begin Consideration of the caregiver's need for child care may be included on the child's
assessment for caregivers who are wait-listed for child care assistance or are eligible for
child care assistance but choose not to receive it.
new text end

new text begin (c) The level determined by the balance of the assessment must be adjusted based on
the number of hours of child care needed each week due to employment or attending a
training or educational program as follows:
new text end

new text begin (1) less than ten hours or if the caregiver is participating in the child care assistance
program under chapter 119B, no adjustment;
new text end

new text begin (2) ten to 19 hours, increase one level;
new text end

new text begin (3) 20 to 29 hours, increase two levels;
new text end

new text begin (4) 30 to 39 hours, increase three levels; and
new text end

new text begin (5) 40 or more hours, increase four levels.
new text end

new text begin (d) When the child attains the age of 13, the level shall revert to the level assessed
for the child prior to any consideration of the caregiver's need for child care.
new text end

new text begin For an eligible child entering Northstar
Care for Children who is not part of the transition group under subdivision 13, the initial
assessment must be completed within 30 days of placement for children in foster care and
prior to the establishment of a guardianship assistance or adoption assistance agreement
on behalf of the child, if an initial assessment is required under subdivision 5.
new text end

new text begin (a) The assessment must be completed in
consultation with the child's caregiver. Face-to-face contact with the caregiver is not
required to complete the assessment.
new text end

new text begin (b) For foster children eligible under section 256O.210, the initial assessment must
be completed by the county of financial responsibility or, for children in the American
Indian Child Welfare Initiative, the responsible tribal social service agency authorized
in section 256.01, subdivision 14b, within 30 days of the child's placement in foster
care. Reassessments must be completed by the legally responsible agency according to
subdivision 7. If the foster parent is unable or unwilling to cooperate with the assessment
process, the child must be assessed at the basic level, level B under section 256O.250,
subdivision 3. Notice to the foster parent must be provided as specified in subdivision 9.
new text end

new text begin (c) For children eligible for guardianship assistance under section 256O.220, a
new assessment is required as part of the negotiation of the guardianship assistance
agreement if:
new text end

new text begin (1) the child is determined to be an at-risk child;
new text end

new text begin (2) the child was not placed in foster care with the proposed relative custodian
immediately prior to the negotiation of the guardianship assistance agreement under
subdivision 10; or
new text end

new text begin (3) any requirement for reassessment under subdivision 7 is met.
new text end

new text begin If a new assessment is required prior to the effective date of the guardianship assistance
agreement, the new assessment must be completed by the county of financial responsibility
or, for children in the American Indian Child Welfare Initiative, the responsible tribal
social service agency authorized in section 256.01, subdivision 14b. If reassessment
is required after the effective date of the guardianship assistance agreement, the new
assessment must be completed by the commissioner or the commissioner's designee. If
the proposed relative custodian is unable or unwilling to cooperate with the assessment
process, the child must be assessed at the basic level, level B under section 256O.250,
subdivision 3, unless the child is known to be an at-risk child, in which case, the child
must be assessed at level A under section 256O.250, subdivision 1. Notice to the proposed
relative custodian must be provided as specified in subdivision 9.
new text end

new text begin (d) For children eligible for adoption assistance under section 256O.230, a new
assessment is required as part of the negotiation of the adoption assistance agreement if:
new text end

new text begin (1) the child is determined to be an at-risk child;
new text end

new text begin (2) the child was not placed in foster care with the prospective adoptive parent
immediately prior to the negotiation of the adoption assistance agreement under
subdivision 10; or
new text end

new text begin (3) any requirement for reassessment under subdivision 7 is met.
new text end

new text begin If a new assessment is required prior to the effective date of the adoption assistance
agreement, it must be completed by the county of financial responsibility or, for children
in the American Indian Child Welfare Initiative, the responsible tribal social service
agency authorized in section 256.01, subdivision 14b. If there is no county of financial
responsibility and the child is not in the American Indian Child Welfare Initiative, or the
financially responsible agency is not a county social service or tribal agency in the state,
the assessment must be completed by the agency designated by the commissioner. If
reassessment is required after the effective date of the adoption assistance agreement, it
must be completed by the commissioner or the commissioner's designee. If the prospective
adoptive parent is unable or unwilling to cooperate with the assessment process, the child
must be assessed at the basic level, level B under section 256O.250, subdivision 3, unless
the child is known to be an at-risk child, in which case, the child shall be assessed at level
A under section 256O.250, subdivision 1. Notice to the prospective adoptive parent must
be provided as specified in subdivision 9.
new text end

new text begin Each legally responsible
agency shall designate one or more staff to examine and approve completed assessments
and reassessments. The staff person approving the assessments and reassessments must
not be the case manger or staff member completing the forms. The new rate is effective
the calendar month that the assessment is approved or the effective date of the agreement,
whichever is later.
new text end

new text begin For an eligible
child, reassessments must be completed within 30 days of any of the following events:
new text end

new text begin (1) for a child in continuous foster care, six months since completion of the last
assessment;
new text end

new text begin (2) for a child in continuous foster care, at a change of placement location;
new text end

new text begin (3) for a child in foster care, at the request of the legally responsible agency;
new text end

new text begin (4) at the request of the commissioner; or
new text end

new text begin (5) at the request of the caregiver under subdivision 8.
new text end

new text begin (a) For an eligible child, a
caregiver may initiate a reassessment request in writing to the county of financial
responsibility, or, for children in the American Indian Child Welfare Initiative, the
responsible tribal social service agency authorized in section 256.01, subdivision 14b,
for foster care cases, or the commissioner, or the commissioner's designee for adoption
assistance and guardianship assistance cases. The written request must include the
reason for the request and the name, address, and contact information of the caregivers.
For an eligible child with a guardianship assistance or adoption assistance agreement,
the caregiver may request a reassessment if at least six months have elapsed since any
previously requested review. A caregiver for a foster child may request reassessment in
less than six months with written documentation that there have been significant changes
in the child's needs that necessitate an earlier reassessment.
new text end

new text begin (b) A caregiver may request a reassessment of an at-risk child for whom a
guardianship assistance or adoption assistance agreement has been executed if the
caregiver has written professional documentation that the potential disability upon which
eligibility for the agreement was based has manifested itself.
new text end

new text begin (c) If the reassessment cannot be completed within 30 days of the caregiver's request,
the agency responsible for reassessment shall notify the caregiver of the reason for the
delay and a reasonable estimate of when the reassessment can be completed.
new text end

new text begin (d) If the child's caregiver is unable or unwilling to cooperate with the reassessment,
the child must be assessed at level B under section 256O.250, subdivision 3, unless the
child has an adoption assistance or guardianship assistance agreement in place and is
known to be an at-risk child, in which case, the child shall be assessed at level A under
section 256O.250, subdivision 1. Within 60 days of the caregiver demonstrating they are
able or willing to cooperate with the assessment or reassessment process, the reassessment
for the child must be completed.
new text end

new text begin (a) The agency responsible for completing the
assessment shall provide the child's caregiver with written notice of the initial assessment
or reassessment.
new text end

new text begin (b) Initial assessment notices must be sent within 15 days of completion of the initial
assessment and must minimally include the following:
new text end

new text begin (1) a summary of the completed child's individual assessment used to determine
the rating;
new text end

new text begin (2) statement of rating and benefit level;
new text end

new text begin (3) statement of the circumstances under which the agency shall reassess the child;
new text end

new text begin (4) procedure to seek reassessment;
new text end

new text begin (5) notice that the caregiver has the right to a fair hearing review of the assessment
and how to request a fair hearing, consistent with section 256.045, subdivision 3; and
new text end

new text begin (6) name, telephone number, and, if available, electronic address of a contact person
at the responsible agency or state.
new text end

new text begin (c) Reassessment notices must be sent within 15 days of the completion of the
reassessment and must minimally include the following:
new text end

new text begin (1) a summary of the completed child's individual assessment used to determine
the new rating;
new text end

new text begin (2) any change in rating and its effective date;
new text end

new text begin (3) procedure to seek reassessment;
new text end

new text begin (4) notice that if a change in rating results in a reduction of benefits, the caregiver
has the right to a fair hearing review of the assessment and how to request a fair hearing
consistent with section 256.045, subdivision 3;
new text end

new text begin (5) notice that a caregiver who requests a fair hearing of the reassessed rating within
ten days may continue at the current rate pending the hearing, but the agency may recover
any overpayment; and
new text end

new text begin (6) name, telephone number, and, if available, electronic address of a contact person
at the responsible agency or state.
new text end

new text begin (a) In order to receive guardianship assistance or adoption
assistance benefits, a written, binding agreement on a form approved by the commissioner
must be established prior to finalization of the adoption or a transfer of permanent legal
and physical custody. The agreement must be negotiated with the caregivers according
to subdivision 11. The caregivers and the commissioner or the commissioner's designee
must sign the agreement. A copy of the signed agreement must be given to each party.
Termination or disruption of the preadoptive placement or the foster care placement
preceding assignment of custody makes the agreement with that family void.
new text end

new text begin (b) The agreement must specify the following:
new text end

new text begin (1) duration of the agreement;
new text end

new text begin (2) the nature and amount of any payment, services, and assistance to be provided
under such agreement;
new text end

new text begin (3) the child's eligibility for Medicaid services;
new text end

new text begin (4) the terms of the payment;
new text end

new text begin (5) eligibility for reimbursement of nonrecurring expenses associated with adopting
or obtaining permanent legal and physical custody of the child, to the extent that the
total cost does not exceed $2,000 per child;
new text end

new text begin (6) that the agreement must remain in effect regardless of the state of which the
adoptive parents or relative custodians are residents at any given time;
new text end

new text begin (7) provisions for modification of the terms of the agreement; and
new text end

new text begin (8) the effective date of the agreement.
new text end

new text begin (c) The effective date of the guardianship assistance agreement is the date of the
court order that transfers permanent legal and physical custody to the relative.
new text end

new text begin (d)(1) For a child who receives Supplementary Security Income (SSI), Retirement,
Survivors, and Disability Insurance (RSDI), veteran's benefits, railroad retirement benefits,
or black lung benefits, the effective date of the adoption assistance agreement is the date
that the adoption is finalized.
new text end

new text begin (2) For a child who does not receive SSI, RSDI, veteran's benefits, railroad
retirement benefits, or black lung benefits, and who has been in the prospective adoptive
parents' home as a foster child for at least six consecutive months prior to adoption
placement, the effective date of the agreement is the date of adoptive placement or the
date that the agreement is signed by all parties, whichever is later.
new text end

new text begin (3) For a child who does not receive SSI, RSDI, veteran's benefits, railroad
retirement benefits, or black lung benefits, and who has been in the prospective adoptive
parents' home as a foster child for less than six consecutive months prior to adoptive
placement, the effective date of the agreement is the date that the child has resided in the
prospective adoptive parents' home as a foster child for at least six consecutive months
or the date the adoption is finalized, whichever is earlier.
new text end

new text begin (a) A monthly payment is provided
as part of the adoption assistance or guardianship assistance agreement to support the
care of children who have manifested special needs. The amount of the payment made
on behalf of children eligible for guardianship assistance or adoption assistance is
determined through agreement between the relative custodian or the adoptive parent and
the commissioner or the commissioner's designee, using the assessment tool established
by the commissioner in subdivision 2 and the associated benefit and payments in section
256O.250. The assessment tool establishes the monthly benefit level for a child in foster
care. The monthly payment under a guardianship assistance agreement or adoption
assistance agreement may be negotiated up to the monthly benefit level under foster care.
In no case may the amount of the payment under a guardianship assistance agreement or
adoption assistance agreement exceed the foster care maintenance payment which would
have been paid during the month if the child with respect to whom the guardianship
assistance or adoption assistance payment is made had been in a foster family home
in the state. The income of the relative custodian or adoptive parent must not be taken
into consideration when determining eligibility for guardianship assistance or adoption
assistance or the amount of the payments under section 256O.250. With the concurrence
of the relative custodian or adoptive parent, the amount of the payment may be adjusted
periodically using the assessment tool established by the commissioner in subdivision 2
and the agreement renegotiated under subdivision 12 when there is a change in the child's
needs or the family's circumstances.
new text end

new text begin (b) The guardianship assistance or adoption assistance agreement of a child who
is identified as an at-risk child must not include a monthly payment unless and until the
potential disability manifests itself, as documented by an appropriate professional, and
the commissioner authorizes commencement of payment by modifying the agreement
accordingly. A relative custodian or adoptive parent of an at-risk child with a guardianship
assistance or adoption assistance agreement may request a reassessment of the child under
subdivision 8 and renegotiation of the guardianship assistance or adoption assistance
agreement under subdivision 12 to include a monthly payment, if the caregiver has written
professional documentation that the potential disability upon which eligibility for the
agreement was based has manifested itself. Documentation of the disability must be
limited to evidence deemed appropriate by the commissioner.
new text end

new text begin (c)(1) The initial amount of the monthly guardianship assistance payment must be
equivalent to the foster care rate in effect at the time that the agreement is signed less
any offsets in section 256O.250, subdivision 8, or a lesser negotiated amount if agreed
to by the prospective relative custodian and specified in that agreement, unless the child
is identified as an at-risk child.
new text end

new text begin (2) An at-risk child must be assigned level A according to section 256O.250
and there shall be no monthly guardianship assistance payment unless and until the
potential disability manifests itself, as documented by an appropriate professional, and
the commissioner authorizes commencement of payment by modifying the agreement
accordingly.
new text end

new text begin (d)(1) For a child in foster care with the prospective adoptive parent immediately
prior to adoptive placement, the initial amount of the monthly adoption assistance payment
must be equivalent to the foster care rate in effect at the time that the agreement is signed
less any offsets in section 256O.250, subdivision 8, or a lesser negotiated amount if agreed
to by the prospective adoptive parents and specified in that agreement, unless the child
is identified as an at-risk child.
new text end

new text begin (2) An at-risk child must be assigned level A according to section 256O.250 and there
must be no monthly adoption assistance payment unless and until the potential disability
manifests itself, as documented by an appropriate professional, and the commissioner
authorizes commencement of payment by modifying the agreement accordingly.
new text end

new text begin (3) For children who are in the guardianship assistance program immediately prior
to adoptive placement, the initial amount of the adoption assistance payment must be
equivalent to the guardianship assistance payment in effect at the time that the adoption
assistance agreement is signed or a lesser amount if agreed to by the prospective adoptive
parent and specified in that agreement.
new text end

new text begin (4) For children who are not in foster care placement or the guardianship assistance
program immediately prior to adoptive placement or negotiation of the adoption assistance
agreement, the initial amount of the adoption assistance agreement must be determined
using the assessment tool and process in this section and the corresponding payment
amount in section 256O.250.
new text end

new text begin (a) A relative custodian or adoptive
parent of a child with a guardianship assistance or adoption assistance agreement may
request renegotiation of the agreement when there is a change in the needs of the child
or in the family's circumstances. When a relative custodian or adoptive parent requests
renegotiation of the agreement, a reassessment of the child must be completed. If the
reassessment indicates that the child's level has changed, the commissioner or the
commissioner's designee and the caregiver shall renegotiate the agreement to include a
payment with the level determined through the reassessment process. The agreement
must not be renegotiated unless the commissioner and the caregiver mutually agree to
the changes. The effective date of any renegotiated agreement must be determined by
the commissioner.
new text end

new text begin (b) A relative custodian or adoptive parent of an at-risk child with a guardianship
assistance or adoption assistance agreement may request renegotiation of the agreement to
include a monthly payment, if the caregiver has written professional documentation that
the potential disability upon which eligibility for the agreement was based has manifested
itself. Documentation of the disability must be limited to evidence deemed appropriate by
the commissioner. Prior to renegotiating the agreement, a reassessment of the child must
be conducted according to subdivision 8. The reassessment must be used to renegotiate
the agreement to include an appropriate monthly payment. The agreement shall not be
renegotiated unless the commissioner and the caregiver mutually agree to the changes.
The effective date of any renegotiated agreement shall be determined by the commissioner.
new text end

new text begin (a) For a child who might transition into
Northstar Care for Children under section 256O.210 subdivision 5; 256O.220, subdivision
8; or 256O.230, subdivision 14, initial transition assessments must be completed between
May 1, 2010, and December 31, 2010.
new text end

new text begin (b) Transition assessments for a child in foster care completed between May 1,
2010, and August 31, 2010, must be considered valid under subdivision 7 until April 1,
2011, and those completed between September 1, 2010, and December 31, 2010, must be
considered valid under subdivision 7 until July 1, 2011.
new text end

new text begin (c) Children with relative custody assistance agreements under section 257.85 that
are effective prior to May 1, 2010, shall have initial transition assessments completed
between May 1 and December 31, 2010. Children with relative custody assistance
agreements between May 1, 2010, and November 24, 2010, shall have an initial transition
assessment completed as the agreement is being established in conjunction with the
supplemental maintenance needs assessment and other required relative custody assistance
paperwork under section 257.85.
new text end

new text begin (d) Children with adoption assistance agreements negotiated under section
259.67 and submitted to the commissioner for review and approval on or before April
30, 2010, who might transition into Northstar Care for Children, shall have initial
transition assessments completed by August 31, 2010. Children with adoption assistance
agreements negotiated under section 259.67 and submitted to the commissioner for
review and approval between May 1, 2010, and November 24, 2010, shall have an initial
transition assessment completed in conjunction with the supplemental maintenance needs
assessment and other required adoption assistance paperwork under section 259.67.
new text end

new text begin (e) If the child's caregiver is unable or unwilling to cooperate with the initial
transition assessment process, the child shall be assessed at the basic level, level B under
section 256O.250, subdivision 3, unless the child is known to be an at-risk child, in
which case the child shall be assessed at level A under section 256O.250, subdivision 1.
Within 60 days of the caregiver indicating they are able or willing to cooperate with the
assessment process, the commissioner or the commissioner's designee shall complete a
reassessment for the child.
new text end

new text begin (f) If the child's caregiver cannot be located to complete the initial transition
assessment process according to the time frames outlined in this section, the child shall
be assessed at the basic level, level B under section 256O.250, subdivision 3, unless the
child is known to be an at-risk child, in which case the child shall be assessed at level A
under section 256O.250, subdivision 1. Within 60 days of locating the caregiver, the
commissioner or the commissioner's designee shall complete a reassessment for the child.
new text end

new text begin There are three potential benefits available under Northstar
Care for Children: medical assistance, basic payment, and supplemental difficulty of care
payment. An eligible child receives medical assistance under subdivision 2. An eligible
child receives the basic payment under subdivision 3, except for those assigned level A
because they are determined to be at-risk children in guardianship assistance or adoption
assistance. An eligible child may receive an additional supplemental difficulty of care
payment under subdivision 4, as determined by the assessment under section 256O.240.
new text end

new text begin Eligibility for medical assistance under this chapter
continues to be determined according to section 256B.055.
new text end

new text begin For the period January 1, 2011, to June 30, 2012, the
basic monthly rate is according to the following schedule:
new text end

	new text begin Ages 0-5 new text end	new text begin $500 per month new text end
	new text begin Ages 6-12 new text end	new text begin $625 per month new text end
	new text begin Ages 13 and older new text end	new text begin $750 per month. new text end

new text begin For the period January 1,
2011, to June 30, 2012, the difficulty of care supplemental monthly rate is according to
the following schedule:
new text end

	new text begin level B new text end	new text begin none new text end
	new text begin level C new text end	new text begin $60 per month new text end
	new text begin level D new text end	new text begin $120 per month new text end
	new text begin level E new text end	new text begin $180 per month new text end
	new text begin level F new text end	new text begin $240 per month new text end
	new text begin level G new text end	new text begin $300 per month new text end
	new text begin level H new text end	new text begin $360 per month new text end
	new text begin level I new text end	new text begin $420 per month new text end
	new text begin level J new text end	new text begin $480 per month new text end
	new text begin level K new text end	new text begin $540 per month new text end
	new text begin level L new text end	new text begin $600 per month. new text end

new text begin A child assigned level B is still eligible for basic monthly rate under subdivision 3.
new text end

new text begin The commissioner shall establish prorated daily rates to
the nearest cent for the monthly rates under subdivisions 3 and 4. Daily rates must be
routinely used when a partial month is involved for foster care, guardianship assistance,
and adoption assistance.
new text end

new text begin By April 1, 2013, for fiscal year 2013, and by each subsequent
April 1 for each subsequent fiscal year, the commissioner shall review and revise the
rates under subdivisions 3, 4, and 5 based on United States Department of Agriculture
Estimates of the Cost of Raising a Child, published by the United States Department of
Agriculture, Agricultural Resources Service, Publication 1411. The revision must be the
average percentage by which costs increase for the age ranges represented in the United
States Department of Agriculture Estimates of the Cost of Raising a Child. The monthly
rates must be revised to the nearest dollar and the daily rates to the nearest cent.
new text end

new text begin A child who is eligible for an adoption
assistance agreement based on the child's physical disability or a child who is eligible
for a guardianship assistance agreement who possesses a physical disability must have
reimbursement of home and vehicle modifications necessary to accommodate the child's
physical disability included as part of the negotiation of the agreement under section
256O.240, subdivision 11. The total of all modifications must not exceed $25,000 and the
modifications must be requested during the first six months that the adoption assistance or
guardianship assistance agreement is in effect. The type and cost of each modification
must be preapproved by the commissioner. The type of home and vehicle modifications is
limited to those specified by the commissioner. The commissioner shall ensure that the
modifications are necessary to incorporate the child into the family and that the cost
is reasonable. Application for and reimbursement of modifications must be completed
according to a process specified by the commissioner.
new text end

new text begin (a) A monthly
adoption assistance or guardianship assistance payment must be considered income and
resource attributable to the child and must be inalienable by any assignment or transfer
and exempt from garnishment under the laws of the state.
new text end

new text begin (b) When a child is placed into foster care, any income and resources attributable
to the child must be handled according to sections 252.27 and 260C.331 or 260B.331, if
applicable to the child being placed.
new text end

new text begin (c) Consideration of income and resources attributable to the child must be part of
the negotiation process in section 256O.240, subdivision 11. In some circumstances, the
receipt of other income on behalf of the child may impact the amount of the monthly
payment received by the adoptive parent or relative custodian on behalf of the child
through Northstar Care for Children. Supplemental Security Income (SSI), Retirement,
Survivors, and Disability Insurance (RSDI), veteran's benefits, railroad retirement benefits,
and black lung benefits are considered income and resources attributable to the child.
new text end

new text begin If a child placed in
foster care receives benefits through Supplemental Security Income (SSI) at the time of
foster care placement or subsequent to placement in foster care, the county of financial
responsibility, or, for children in the American Indian Child Welfare Initiative, the
responsible tribal social service agency authorized in section 256.01, subdivision 14b,
may apply to be the payee for the child for the duration of the child's placement in foster
care. If a child continues to be eligible for SSI after finalization of the adoption or transfer
of permanent legal and physical custody and is determined to be eligible for a payment
under Northstar Care for Children, a permanent caregiver may choose to receive payment
from both programs simultaneously. If the payment under Northstar Care for Children
is a title IV-E payment, the permanent caregiver is responsible to report the amount of
the payment to the Social Security Administration and the SSI payment will be reduced
by the amount of the payment under Northstar Care for Children, as required by the
Social Security Administration.
new text end

new text begin (a) If a child placed in foster care receives RSDI, veteran's
benefits, railroad retirement benefits, or black lung benefits at the time of foster care
placement or subsequent to placement in foster care, the county of financial responsibility,
or, for children in the American Indian Child Welfare Initiative, the responsible tribal
social service agency authorized in section 256.01, subdivision 14b, may apply to be
the payee for the child for the duration of the child's placement in foster care. If it is
anticipated that a child will be eligible to receive RSDI, veteran's benefits, railroad
retirement benefits, or black lung benefits after finalization of the adoption or assignment
of permanent legal and physical custody, the permanent caregiver shall apply to be the
payee of those benefits on the child's behalf. The monthly amount of the other benefits
must be considered an offset to the amount of the payment the child is determined eligible
for under Northstar Care for Children.
new text end

new text begin (b) If a child becomes eligible for RSDI, veteran's benefits, railroad retirement
benefits, or black lung benefits after the initial amount of the payment under Northstar
Care for Children is finalized, the permanent caregiver shall contact the commissioner
to renegotiate the payment under Northstar Care for Children. The monthly amount of
the other benefits must be considered an offset to the amount of the payment the child is
determined eligible for under Northstar Care for Children.
new text end

new text begin (c) If a child ceases to be eligible for RSDI, veteran's benefits, railroad retirement
benefits, or black lung benefits after the initial amount of the payment under Northstar
Care for Children is finalized, the permanent caregiver shall contact the commissioner to
renegotiate the payment under Northstar Care for Children. The monthly amount of the
payment under Northstar Care for Children must be the amount the child was determined
to be eligible for prior to consideration of any offset.
new text end

new text begin (d) If the monthly payment received on behalf of the child under RSDI, veteran's
benefits, railroad retirement benefits, or black lung benefits changes after the adoption
assistance or guardianship assistance agreement is finalized, the permanent caregiver shall
notify the commissioner as to the new monthly payment amount, regardless of the amount
of the change in payment. If the monthly payment changes by $75 or more, even if the
change occurs incrementally over the duration of the term of the adoption assistance
or guardianship assistance agreement, the monthly payment under Northstar Care for
Children must be renegotiated to reflect the amount of the increase or decrease in the
offset amount. Any subsequent change to the payment must be reported and handled in
the same manner. A change of monthly payments of less than $75 is not a permissible
reason to renegotiate the adoption assistance or guardianship assistance agreement under
section 256O.240, subdivision 12.
new text end

new text begin (a) If a child placed in foster
care receives child support, the child support payment may be redirected to the county of
financial responsibility, or, for children in the American Indian Child Welfare Initiative,
the responsible tribal social service agency authorized in section 256.01, subdivision
14b, for the duration of the child's placement in foster care. In cases where the child
qualifies for Northstar Care for Children by meeting the adoption assistance eligibility
criteria or the guardianship assistance eligibility criteria, any court-ordered child support
must not be considered income attributable to the child and must have no impact on the
monthly payment.
new text end

new text begin (b) Consistent with section 256J.24, children eligible for and receiving a payment
from Northstar Care for Children are excluded from a MFIP assistance unit.
new text end

new text begin (a) Payments to caregivers under Northstar Care for Children
must be made monthly.
new text end

new text begin (b) The county of financial responsibility, or, for children in the American Indian
Child Welfare Initiative, the responsible tribal social service agency authorized in section
256.01, subdivision 14b, shall pay foster parents for eligible children in foster care.
new text end

new text begin (c) The commissioner shall pay caregivers for eligible children in guardianship
assistance and adoption assistance. Payments must commence when the commissioner
receives the required documentation from the court, the legally responsible agency, or the
caregiver. In guardianship assistance or adoption assistance cases, monthly payments must
be prorated according to subdivision 5 based on the effective date of the agreement.
new text end

new text begin Payments received under this section shall
not be considered as income for child care assistance under chapter 119B or any other
financial benefit. Consistent with section 256J.24, all children receiving a maintenance
payment under Northstar Care for Children are excluded from any MFIP assistance unit.
new text end

new text begin A child in foster care may qualify for home and
community-based waivered services, consistent with section 256B.092 for developmental
disabilities, or section 256B.49 for community alternative care, community alternatives
for disabled individuals, or traumatic brain injury waivers. A waiver service must not be
substituted for the foster care program. When the child is eligible for waivered services
and eligible for this benefit, the local social service agency must assess and provide basic
and supplemental difficulty of care rates as determined by the universal assessment under
section 256O.240. If it is determined that additional services are needed to meet the child's
needs in the home that is not or cannot be met by the foster care program, the need would
be referred to the waivered service program.
new text end

new text begin The commissioner has the authority to collect any
amount of foster care, adoption assistance, and guardianship assistance paid to a
caregiver in excess of the payment due. Payments covered by this subdivision include
basic maintenance needs payments, supplemental difficulty of care payments, and
reimbursement of home and vehicle modifications under subdivision 7. Prior to any
collection, the commissioner or the commissioner's designee shall notify the caregiver in
writing, including:
new text end

new text begin (1) the amount of the overpayment and an explanation of the cause of overpayment;
new text end

new text begin (2) clarification of the corrected amount;
new text end

new text begin (3) a statement of the legal authority for the decision;
new text end

new text begin (4) information about how the caregiver can correct the overpayment;
new text end

new text begin (5) if repayment is required, when the payment is due and a person to contact to
review a repayment plan;
new text end

new text begin (6) a statement that the caregiver is entitled to a fair hearing review by the
department; and
new text end

new text begin (7) the procedure for seeking the review in clause (6).
new text end

new text begin For adoption assistance and guardianship assistance cases,
the payment may only be made to the adoptive parent or relative custodian specified
on the agreement. If there is more than one adoptive parent or relative custodian, both
parties must be listed as the payee unless otherwise specified in writing according to
policies outlined by the commissioner. In the event of divorce or separation of the
caregivers, a change of payee may be made in writing according to policies outlined by
the commissioner. If both caregivers are in agreement as to the change, it may be made
according to a process outlined by the commissioner. If there is not agreement as to the
change, a court order indicating the party who is to receive the payment is needed before a
change can be processed. If the change of payee is disputed, the commissioner may
withhold the payment until agreement is reached. A noncustodial caregiver may request
notice in writing of review, modification, or termination of the adoption assistance or
guardianship assistance agreement. In the event of the death of a payee, a change of payee
consistent with sections 256O.220 and 256O.230 may be made in writing according
to policies outlined by the commissioner.
new text end

new text begin (a) Parents or relative custodians who have an
adoption assistance agreement or guardianship assistance agreement in place shall keep
the agency administering the program informed of the parent's or custodian's address and
circumstances which would make them ineligible for the payments or eligible for the
payments in a different amount.
new text end

new text begin (b) For the duration of the agreement, the adoptive parent or relative custodian
agrees to notify the agency administering the program in writing within 30 days of the
following changes:
new text end

new text begin (1) change in the family's address;
new text end

new text begin (2) change in the legal custody status of the child;
new text end

new text begin (3) child's completion of high school, if this occurs after the child attains age 18;
new text end

new text begin (4) date of termination of the parental rights of the adoptive parent, transfer of
permanent legal and physical custody to another person, or other determination that the
adoptive parent or relative custodian is no longer legally responsible for support of the
child;
new text end

new text begin (5) date the adoptive parent or relative custodian is no longer providing support to
the child;
new text end

new text begin (6) date of death of the child;
new text end

new text begin (7) date of death of the adoptive parent or relative custodian;
new text end

new text begin (8) date the child enlists in the military;
new text end

new text begin (9) date of marriage of the child;
new text end

new text begin (10) date the child becomes an emancipated minor through legal action of another
state;
new text end

new text begin (11) separation or divorce of the adoptive parent or relative custodian;
new text end

new text begin (12) change of the caregiver's employment or educational enrollment status, if the
child has not attained age 13 and the child care component of the assessment under section
256O.240, subdivision 2, was used to determine the assessment level; and
new text end

new text begin (13) residence of the child outside the home for a period of more than 30 consecutive
days.
new text end

new text begin The responsible agency must provide
a child's caregiver written notice of termination of payment. Termination notices must be
sent at least 15 days before the final payment or in the case of an unplanned termination,
the notice is sent within three days of the end of the payment. The written notice must
minimally include the following:
new text end

new text begin (1) the date payment will end;
new text end

new text begin (2) the reason payments will end and the event that is the basis to terminate payment;
new text end

new text begin (3) a statement that the provider is entitled to a fair hearing review by the department
consistent with section 256.045, subdivision 3;
new text end

new text begin (4) the procedure to request a fair hearing; and
new text end

new text begin (5) name, telephone number, and, if available, an electronic contact address of a
contact person at the county or state.
new text end

new text begin For the purposes of determining a child's eligibility
under title IV-E of the Social Security Act for a child in foster care, the county of
financial responsibility or, for children in the American Indian Child Welfare Initiative,
the responsible tribal social service agency authorized in section 256.01, subdivision 14b,
shall use the eligibility requirements outlined in section 472 of the Social Security Act.
For a child who qualifies for guardianship assistance or adoption assistance, the county of
financial responsibility or, for children in the American Indian Child Welfare Initiative,
the responsible tribal social service agency authorized in section 256.01, subdivision 14b,
shall use the eligibility requirements outlined in section 473 of the Social Security Act.
In each case, the agency paying the maintenance payments must be reimbursed for the
costs from the federal money available for this purpose.
new text end

new text begin The commissioner shall pay the state share of the maintenance
payments as determined under subdivision 4, and an identical share of the pre-Northstar
Care adoption assistance program under section 259.67. The commissioner may transfer
funds into the account if a deficit occurs.
new text end

new text begin The county of financial responsibility under section 256G.02
or tribal social service agency authorized in section 256.01, subdivision 14b, at the
time of placement for foster care or finalization of the agreement for guardianship
assistance or adoption assistance, shall pay the local share of the maintenance payments as
determined under subdivision 4, and an identical share of the pre-Northstar Care adoption
assistance program under section 259.67. The county of financial responsibility under
section 256G.02 or tribal social service agency authorized in section 256.01, subdivision
14b, shall pay the entire cost of any initial clothing allowance, child-placing agency
administrative payments, or other support services it authorizes, except as provided under
other provisions of law. In cases of federally required adoption assistance where there is
no county of financial responsibility, or, for children in the American Indian Child Welfare
Initiative, the responsible tribal social service agency authorized in section 256.01,
subdivision 14b, as provided in section 256O.240, subdivision 5, the commissioner shall
pay the local share.
new text end

new text begin The commissioner shall establish a percentage share
of the maintenance payments, reduced by federal reimbursements under title IV-E of the
Social Security Act, to be paid by the state and to be paid by the county of financial
responsibility under section 256G.02 or tribal social service agency authorized in section
256.01, subdivision 14b. These state and local shares shall initially be calculated based
on the ratio of the average appropriate expenditures made by the state and all counties
and tribal social service agencies authorized in section 256.01, subdivision 14b, during
state fiscal years 2008, 2009, and 2010. For purposes of this calculation, appropriate
expenditures for the counties and tribal social service agencies shall include basic and
difficulty of care payments for foster care, not including any initial clothing allowance,
child-placing agency administrative payments, child care, or other ancillary expenditures,
reduced by federal reimbursements. For purposes of this calculation, appropriate
expenditures for the state must include adoption assistance and relative custody assistance,
reduced by federal reimbursements. For each of the periods January 1, 2011, to June
30, 2012, and fiscal years 2013 and 2014, the commissioner shall adjust this initial
percentage of state and local shares to reflect the relative expenditure trends during state
fiscal years 2008, 2009, and 2010. The fiscal year 2014 set of percentages must be used
for all subsequent years.
new text end

new text begin For children who transition into Northstar Care for Children under section
256O.270, subdivision 7, and for children on the pre-Northstar Care adoption assistance
program under section 259.67, the commissioner shall adjust the expenditures by each
county or tribal social service agency so that its relative share is proportional to its foster
care expenditures as determined under subdivision 4 for state fiscal years 2008, 2009, and
2010 compared with similar costs of all county or tribal social service agencies.
new text end

new text begin (a) The county of financial responsibility or,
for children in the American Indian Child Welfare Initiative, the responsible tribal
social service agency authorized in section 256.01, subdivision 14b, shall determine
the eligibility for Northstar Care for Children for children in foster care under section
256O.210, and for those children determined eligible, shall further determine each child's
eligibility for title IV-E of the Social Security Act.
new text end

new text begin (b) Subject to commissioner approval, the legally responsible agency shall determine
the eligibility for Northstar Care for Children for children in guardianship assistance under
section 256O.220 and children in adoption assistance under section 256O.230, and for
those children determined eligible, shall further determine each child's eligibility for title
IV-E of the Social Security Act.
new text end

new text begin (c) The legally responsible agency is responsible for the administration of Northstar
Care for Children for children in foster care, and for assisting the commissioner with the
administration of Northstar Care for Children for children in guardianship assistance and
adoption assistance by conducting assessments, reassessments, negotiations, and other
activities as specified by the commissioner under subdivision 2.
new text end

new text begin The commissioner shall
specify procedures, requirements, and deadlines for the administration of Northstar Care
for Children according to sections 256O.001 to 256O.270, including for transitioning
children into Northstar Care for Children under subdivision 7. The commissioner shall
periodically review all such procedures, requirements, and deadlines, including the
assessment tool and process under section 256O.240, in consultation with counties, tribes,
and representatives of caregivers and may alter them as needed.
new text end

new text begin The title IV-E foster care,
guardianship assistance, and adoption assistance programs shall operate within the statutes
and rules set forth by the federal government in the Social Security Act and Code of
Federal Regulations.
new text end

new text begin The commissioner shall specify required fiscal and statistical
reports under section 256.01, subdivision 2, paragraph (q), and other reports as necessary.
new text end

new text begin The commissioner or the commissioner's
designee shall actively seek ways to promote the guardianship assistance and adoption
assistance programs, including informing prospective relative custodians of eligible
children of the availability of guardianship assistance and prospective adoptive parents of
eligible children under the commissioner's guardianship of the availability of adoption
assistance. All families who adopt children under the commissioner's guardianship must
be informed as to the adoption tax credit.
new text end

new text begin (a) A caregiver has the right to appeal to the
commissioner pursuant to section 256.045 when eligibility for Northstar Care for Children
is denied, and when payment or the agreement for eligible child is modified or terminated.
new text end

new text begin (b) A relative custodian or adoptive parent has additional rights to appeal to
the commissioner under section 256.045. The rights include when the commissioner
terminates or modifies the guardianship assistance or adoption assistance agreement or
when the commissioner denies an application for guardianship assistance or adoption
assistance. A prospective relative custodian or adoptive parent who disagrees with a
decision by the commissioner prior to transfer of permanent legal and physical custody or
finalization of the adoption may request review of the decision by the commissioner or
may appeal the decision under section 256.045. A guardianship assistance or adoption
assistance agreement must be signed and in effect prior to the court order that transfers
permanent legal and physical custody or the adoption finalization, however in some cases,
there may be extenuating circumstances as to why an agreement was not entered into prior
to the finalization of permanency for the child. Caregivers who believe that extenuating
circumstances exist in the case of the caregiver's child may request a fair hearing.
Caregivers have the responsibility of proving that extenuating circumstances exist.
Caregivers are required to provide written documentation of each eligibility criterion at
the fair hearing. Examples of extenuating circumstances include: relevant facts regarding
the child were known by the placing agency and not presented to the caregiver prior to
transfer of permanent legal and physical custody or finalization of the adoption, failure by
the commissioner or the commissioner's designee to advise potential caregivers about the
availability of guardianship assistance or adoption assistance for children in the state foster
care system. If an appeals judge finds through the fair hearing process that extenuating
circumstances existed and that the child met all eligibility criteria at the time the transfer
of permanent legal and physical custody was ordered or the adoption was finalized, the
effective date and any associated federal financial participation must be retroactive to
the date of the request for a fair hearing.
new text end

new text begin (a) All eligible children shall
participate in an initial assessment under section 256O.240, subdivision 3.
new text end

new text begin (b) All children in foster care, relative custody assistance, or adoption assistance are
eligible for Northstar Care for Children as specified in sections 256O.210, 256O.220, and
256O.230. All children in foster care or receiving relative custody assistance under section
257.85 on December 31, 2010, must be transitioned into Northstar Care for Children as of
January 1, 2011. Children in adoption assistance under section 259.67 on December 31,
2010, whose caregivers sign no later than November 24, 2010, an agreement to transition
to Northstar Care for Children as provided under sections 256O.230 and 256O.240 must
be added to Northstar Care for Children as of January 1, 2011. A child receiving adoption
assistance under section 259.67 whose caregivers sign an agreement to transition to
Northstar Care for Children as provided under sections 256O.230 and 256O.240 between
December 1, 2010, and March 31, 2011, must be added to Northstar Care for Children
for the first calendar month at least 31 calendar days after the date of the signing of the
agreement. A child receiving adoption assistance under section 259.67 whose caregivers
do not sign an agreement to transition to Northstar Care for Children by March 31, 2011,
must remain on the pre-Northstar Care adoption assistance program under section 259.67
until the child is no longer eligible for the program.
new text end

new text begin Between May 1, 2010,
and June 30, 2010, all foster parents with a child placed in the foster parents' home, relative
custodians with executed or signed relative custody assistance agreements, adoptive
parents with executed or signed adoption assistance agreements, and preadoptive parents
with a preadoptive placement in the parents' home shall receive written information about
Northstar Care for Children. Foster parents with a child placed in the foster parents' home
between July 1, 2010, and December 31, 2010, shall receive written information about
Northstar Care for Children at the time of the child's placement. Relative custodians
who sign a relative custody assistance agreement and prospective adoptive parents who
sign an adoption assistance agreement subsequent to June 30, 2010, shall receive written
information about Northstar Care for Children no later than when the relative custody
assistance agreement or the adoption assistance agreement is signed by the caregiver.
new text end

new text begin (1) The legally responsible agency shall mail, electronically distribute, or personally
provide foster parents with placed children with written information about Northstar
Care for Children.
new text end

new text begin (2) The agency responsible for providing the relative custody assistance payment
shall mail, electronically distribute, or personally provide relative custodians with relative
custody assistance agreements with written information about Northstar Care for Children
when the relative custodians' mail or email address is known. The responsible social
service agency shall make reasonable efforts to locate relative custodians with signed or
executed relative custody assistance agreements whose mail or email address is known.
new text end

new text begin (3) For cases where the adoption assistance agreement is executed or submitted to
the commissioner for review and approval prior to May 1, 2010, the commissioner shall
mail or electronically distribute information about Northstar Care for Children to the
adoptive parent. The commissioner shall make reasonable efforts to locate the adoptive
parent whose mail or email address is unknown. For cases where the adoption assistance
agreement is executed or submitted to the commissioner for review on or after May 1,
2010, and on or before November 24, 2010, the responsible social service agency shall
mail, electronically distribute, or personally provide preadoptive parents with written
information about Northstar Care for Children.
new text end

new text begin (4) Information must minimally include a summary of the provisions of the new
program, an overview of the assessment process, the transition time frame, and actions
required by the foster parent, relative custodian, or adoptive parent during the transition
period, including the procedure to opt in to Northstar Care for Children and renegotiate
the adoption assistance agreement for adoption assistance cases.
new text end

new text begin Adoptive
parents shall provide written notice to the commissioner of the adoptive parents' intent
to renegotiate their adoption assistance program or remain on the pre-Northstar Care
adoption assistance program according to section 259.67 within 60 days of receiving
the written notice in subdivision 8. The commissioner may extend this time frame if
it is determined that the adoptive parent has good cause to warrant extension of this
consideration period. If adoptive parents decide to opt in to Northstar Care for Children,
the adoptive parents' adoption assistance agreement must be renegotiated according to
section 256O.240, subdivision 10. If an adoptive parent would like to opt in to Northstar
Care for Children, but does not believe that the assessment under section 256O.240 was
completed accurately, the adoptive parent shall indicate this in writing to the commissioner
and must be given an extension of the consideration period while a reassessment is
completed. The commissioner may not extend the time frame to renegotiate adoption
assistance agreements after March 31, 2011. All adoption assistance agreements under
Northstar Care for Children for children transitioning from the adoption assistance
program under section 259.67 must be renegotiated and signed by all parties no later than
March 31, 2011. The commissioner may establish additional requirements or deadlines
for implementing the transition.
new text end

new text begin The new rates for payment under
Northstar Care for Children must be determined under section 256O.250 and effective
according to the timelines in subdivision 7, paragraph (b).
new text end

new text begin The commissioner may
reimburse the placing agency for appropriate adoption services for children eligible under
section 259.67, subdivision 35.
new text end

Minnesota Statutes 2008, section 257.85, subdivision 2, is amended to read:

The provisions of this section apply to those situations in which
the legal and physical custody of a child is established with a relative or important friend
with whom the child has resided or had significant contact according to section 260C.201,
subdivision 11, by a district court order issued on or after July 1, 1997,new text begin and on or before
November 24, 2010,new text end or a tribal court order issued on or after July 1, 2005,new text begin and on or
before November 24, 2010,new text end when the child has been removed from the care of the parent
by previous district or tribal court order.

new text begin This section is effective August 1, 2009.
new text end

Minnesota Statutes 2008, section 257.85, subdivision 5, is amended to read:

(a) A relative custody assistance
agreement will not be effective, unless it is signed by the local agency and the relative
custodian no later than 30 days after the date of the order establishing permanent legal and
physical custody,new text begin and on or before November 24, 2010,new text end except that a local agency may
enter into a relative custody assistance agreement with a relative custodian more than 30
days after the date of the order if it certifies that the delay in entering the agreement was
through no fault of the relative custodiannew text begin and the agreement is signed and in effect on or
before November 24, 2010new text end . There must be a separate agreement for each child for whom
the relative custodian is receiving relative custody assistance.

(b) Regardless of when the relative custody assistance agreement is signed by the
local agency and relative custodian, the effective date of the agreement shall be the date of
the order establishing permanent legal and physical custody.

(c) If MFIP is not the applicable program for a child at the time that a relative
custody assistance agreement is entered on behalf of the child, when MFIP becomes
the applicable program, if the relative custodian had been receiving custody assistance
payments calculated based upon a different program, the amount of relative custody
assistance payment under subdivision 7 shall be recalculated under the Minnesota family
investment program.

(d) The relative custody assistance agreement shall be in a form specified by the
commissioner and shall include provisions relating to the following:

(1) the responsibilities of all parties to the agreement;

(2) the payment terms, including the financial circumstances of the relative
custodian, the needs of the child, the amount and calculation of the relative custody
assistance payments, and that the amount of the payments shall be reevaluated annually;

(3) the effective date of the agreement, which shall also be the anniversary date for
the purpose of submitting the annual affidavit under subdivision 8;

(4) that failure to submit the affidavit as required by subdivision 8 will be grounds
for terminating the agreement;

(5) the agreement's expected duration, which shall not extend beyond the child's
eighteenth birthday;

(6) any specific known circumstances that could cause the agreement or payments
to be modified, reduced, or terminated and the relative custodian's appeal rights under
subdivision 9;

(7) that the relative custodian must notify the local agency within 30 days of any of
the following:

(i) a change in the child's status;

(ii) a change in the relationship between the relative custodian and the child;

(iii) a change in composition or level of income of the relative custodian's family;

(iv) a change in eligibility or receipt of benefits under MFIP, or other assistance
program; and

(v) any other change that could affect eligibility for or amount of relative custody
assistance;

(8) that failure to provide notice of a change as required by clause (7) will be
grounds for terminating the agreement;

(9) that the amount of relative custody assistance is subject to the availability of state
funds to reimburse the local agency making the payments;

(10) that the relative custodian may choose to temporarily stop receiving payments
under the agreement at any time by providing 30 days' notice to the local agency and may
choose to begin receiving payments again by providing the same notice but any payments
the relative custodian chooses not to receive are forfeit; and

(11) that the local agency will continue to be responsible for making relative custody
assistance payments under the agreement regardless of the relative custodian's place of
residence.

new text begin This section is effective August 1, 2009.
new text end

Minnesota Statutes 2008, section 257.85, subdivision 6, is amended to read:

new text begin (a) new text end A local agency shall enter into a relative custody
assistance agreement under subdivision 5 if it certifies that the following criteria are met:

(1) the juvenile court has determined or is expected to determine that the child,
under the former or current custody of the local agency, cannot return to the home of
the child's parents;

(2) the court, upon determining that it is in the child's best interests, has issued
or is expected to issue an order transferring permanent legal and physical custody of
the child; and

(3) the child either:

(i) is a member of a sibling group to be placed together; or

(ii) has a physical, mental, emotional, or behavioral disability that will require
financial support.

When the local agency bases its certification that the criteria in clause (1) or (2) are
met upon the expectation that the juvenile court will take a certain action, the relative
custody assistance agreement does not become effective until and unless the court acts as
expected.

new text begin (b) After November 24, 2010, no new relative custody assistance agreements shall
be executed. Agreements that were signed on or before November 24, 2010, and were not
in effect because the proposed transfer of permanent legal and physical custody of the
child did not occur on or before November 24, 2010, must be renegotiated according to
the terms of Northstar Care for Children in chapter 256O.
new text end

new text begin This section is effective August 1, 2009.
new text end

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin (a) The purpose of the
adoption assistance program is to help make adoption possible for children who would
otherwise remain in foster care.
new text end

new text begin (b) To be eligible for adoption assistance, a child must:
new text end

new text begin (1) be determined to be a child with special needs, according to subdivision 12;
new text end

new text begin (2) meet the applicable citizenship and immigration requirements in subdivision
13; and
new text end

new text begin (3)(i) meet the criteria outlined in section 473 of the Social Security Act; or
new text end

new text begin (ii) have had foster care payments paid on the child's behalf while in out-of-home
placement through the county or tribe, and be either under the guardianship of the
commissioner or under the jurisdiction of a Minnesota tribe, with adoption in accordance
with tribal law as the child's documented permanency plan.
new text end

new text begin (c) In addition to the requirements in paragraph (b), the child's adoptive parents must
meet the applicable background study requirements outlined in subdivision 14.
new text end

new text begin (d) The legally responsible agency shall make a title IV-E adoption assistance
eligibility determination for each child. Children who meet all eligibility criteria except
those specific to title IV-E adoption assistance shall receive adoption assistance paid
through state funds.
new text end

new text begin This section is effective July 1, 2009.
new text end

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin APPROPRIATIONS
new text end

new text begin Available for the Year
new text end

new text begin Ending June 30
new text end

new text begin 2010
new text end

new text begin 2011
new text end

new text begin (a) A child is considered a child with
special needs under this section if all of the requirements in paragraphs (b) to (g) are met.
new text end