2E Relating to state government; making changes to health and human services

ARTICLE 1 - CONTINUING CARE

Modifying certain provisions relating to nursing home resident reimbursement classification; modifying approval of certain exceptions to the moratorium on certification of nursing home beds; modifying certain interpretation and enforcement of the home care bill of rights; requiring commissioner of veterans affairs to apply to the federal government for certification of veterans homes in Fergus Falls, Luverne, Silver Bay and Minneapolis as providers in the medicare program, providing a schedule for applications; requiring commissioner of veterans affairs to maximize the use medicare part D for pharmacy costs for eligible veterans residing at the veterans homes; imposing a moratorium on the issuing of certain licenses to certain child and adult foster care providers, establishing a community residential setting license for certain foster care providers; authorizing commissioner of human services to establish payment rates for day training and habilitation services; establishing interagency data exchange between the department of health and the ombudsmen for mental health and developmental disabilities; modifying the department of human services consumer support grant program; modifying certain nursing home license surcharges; authorizing certain long-term care options counseling and certain additional consumer information and assistance options for older Minnesotans; modifying medical assistance coverage for home health services, private duty nursing and personal care assistance services; modifying certain home care services covered under medical assistance, defining certain terms, specifying covered and noncovered services, authorizing certain exceptions to commissioner authorization requirements, requiring certain home care providers to refer certain recipients to medicare providers, requiring commissioner establish a quality assurance process for program integrity and provide oversight for enrolled providers; modifying certain authorization and review procedures of home care services; modifying certain home health agency services and private duty nursing services; amending certain assessment and authorization procedures for personal care assistant services; modifying certain self-directed budget requirements in relation to self-directed supports, providing for enrollment and evaluation requirements for utilizing the self directed supports option; establishing a personal care assistance program, defining certain terms, specifying covered and noncovered services, providing for assessments for personal care assistance services and instructing the assessor to provide service, support planning and referrals based on the assessments, specifying contents of a service plan and personal care assistance care plan, requiring personal care assistance plan have communication with the recipients physician, defining responsible party, specifying the duties of the responsible party and delegation authority, specifying certain personal care assistant requirements, prescribing documentation of provided personal care assistance, establishing qualifications and duties of a qualified professional, defining flexible use, specifying medical assistance payments for shared personal care assistance services, instructing commissioner to provide a rate system for shared personal care assistance services, permitting the recipient of personal care assistance services to use a fiscal intermediary to assist the recipient in the paying and accounting for medically necessary services, specifying certain requirements and duties and prescribing administration of the personal care assistance choice option, specifying certain requirements for enrollment of personal assistance provider agencies, providing for the annual review for personal care providers, specifying certain enrollment requirements for certain terminated, specifying certain general duties of a personal care assistance provider agency, requiring personal care assistance provider agencies to comply with background studies, requiring agencies to comply with certain communicable disease prevention policies and procedures and ventilator training requirements, specifying certain agency required documentation, instructing the commissioner, counties and personal care assistance providers to provide transitional assistance to comply with certain new requirements, requiring service change notices to individuals affected by the changes in services; modifying certain long-term care consultation services provisions and alternative care program provisions; modifying certain provisions concerning the Medicaid waiver for elderly services; establishing essential community supports grants within the Seniors' Agenda for Independent Living (SAIL) Projects; establishing a new residential support services to serve persons with developmental disabilities; instructing the commissioner to impose foster care rate limits; modifying certain post-PERA pension costs for certain nursing facilities; modifying the calculation of certain nursing facilities planned closure rate adjustments; permitting the commissioner to negotiate rate adjustments for nursing facilities that provide specialized care within a certain time period; modifying the calculation of the payment rate for external fixed costs of certain nursing facilities; modifying single bed payments for medical assistance recipients; adjusting operating payment rates of certain nursing facilities; modifying assessment and reassessment procedures of recipients of home and community-based service waivers for the disabled; establishing certain provider qualifications for home and community-based waivers providing services to seniors and individuals with disabilities, requiring the commissioner provide rate setting methodologies; providing for ICF/MR rate decreases for certain facilities; modifying certain managed care plans relating to dental access grant prepayment demonstration projects; designating health department responsibility for assessing and investigating home care provider child maltreatment; clarifying department of health responsibility for residential facilities federally certified as intermediate care facilities serving persons with development disabilities; modifying certain COLA compensation requirements for certain providers; requiring commissioner to decrease grants, allocations, reimbursement rates, or rate limits by a certain amount by a certain date; requiring report to legislature regarding the changes to the personal care assistance program; instructing commissioner to develop alternative services to personal care assistance for persons with mental health and other behavioral challenges; requiring commissioner to give notice of upcoming changes; specifying revisor instruction; repealing certain provisions relating to certain county responsibility for nonfederal medical assistance costs, county nursing home payment rate adjustments, the quality assurance commission, personal care assistant services and the medicare maximization program

ARTICLE 2 - MFIP/CHILD CARE/ADULT SUPPORTS/FRAUD PREVENTION

Modifying certain financial eligibility provisions relating to child care assistance; amending certain child care provider payment requirements; expanding the availability of human services agency hearings; clarifying commissioner authority relating to human services fraud prevention investigations; increasing the Minnesota family investment program (MFIP) transitional standard, providing for a temporary 60-month time limit extension for eligible MFIP assistance units, expanding hardship extension criteria for ill or incapacitated participants and hard-to-employ participants, modifying MFIP temporary hardship provisions, modifying eligibility requirements for certain participants receiving TANF (temporary assistance for needy families) benefits counting toward the federal month time limit for a hardship extension, modifying certain sanctions for noncompliance, modifying certain MFIP employment plan requirements, modifying length of program requirements for postsecondary education or training as approved work activity, modifying certain family violence waiver criteria, requiring caregiver development of certain employment, family stabilization services and education plans under certain conditions, modifying MFIP employment services participant return to work requirements after having a child, modifying services eligibility criteria for participants of the MFIP and diversionary work program (DWP), modifying cooperation with services requirements for participants eligible for family stabilization services, modifying certain sanction criteria and specifying certain duties of county agency or employment service providers, modifying MFIP work participation cash benefits, defining caseload reduction credit (CRC) and TANF participation rate target for performance base funds purposes under the consolidated fund, modifying consolidated fund final allocation adjustments based on performance for counties and tribes, modifying certain diversionary work program employment services referral content requirements, modifying certain eligibility for the diversionary work program

ARTICLE 3 - SERVICES FOR PERSONS WITH DISABILITIES

Modifying certain services permitted to be provided by a human services license holder; allowing commissioner to grant use of alternate overnight supervision technology for adult foster care license holders; allowing commissioner revocation and suspension for sanctions and permitting certain continuance; modifying certain background check requirements relating to adult foster care programs; adjusting certain license holder record keeping requirements relating to background studies initiated through commissioner of human services online system; requiring commissioner of human services to develop a common service menu for home and community-based waiver programs; requiring a report to the legislature regarding intermediate care facilities for persons with developmental disabilities

ARTICLE 4 - STATE-OPERATED SERVICES/MINNESOTA SEX OFFENDER PROGRAM

Defining certain terms relating to that care of clients in state facilities; requiring commissioner of human services to determine available health coverage from a health plan company for services provided to clients admitted to state-operated community-based programs; requiring commissioner to determine what amount clients served in regional treatment centers and nursing homes are able to pay; modifying financial responsibility of relatives of individuals receiving services from community-based services and regional treatment centers, amending pay schedule of relatives; modifying certain exceptions to financial responsibilities for counties regarding patients in regional treatment centers and state nursing facilities; defining certain terms relating the Minnesota sex offender program; establishing a certain payment process for care and treatment in the Minnesota sex offender program, authorizing commissioner of human services to order the client or guardian to pay for care in certain situations, specifying the state claim process against the estate of a deceased client, specifying financial liability of county and certain reimbursements to counties for Minnesota sex offender program clients participation; modifying the Minnesota extended treatment options program to serve Minnesotans who have developmental disabilities; authorizing commissioner to develop and array of community-based mental health services for patients committed to the Anoka-Metro regional treatment center; repealing certain procedures for payment for care and treatment in public institutions and an exemption from the statute of limitations for certain claims against a deceased client in a public institution

ARTICLE 5 - DEPARTMENT OF HEALTH

Designating licensed birthing centers as essential community providers as they relate to health plans; modifying certain health department fees relating to well permits for property owners, annual registration fees for facilities with ionizing radiation-producing equipment, license fees for hospitals and nursing homes, inspection fees for public pools and spas; expanding the health professional education loan forgiveness program to include nurses practicing in hospital pediatric psychiatric units; establishing licensure for birthing centers established, operated or maintained in the state; defining certain terms; specifying application process for birthing centers; providing for license suspension, revocation and nonrenewal under certain conditions; prescribing standards for licensure; specifying limitation of services, imposing annual fees and requiring inspections; permitting commissioner of health to promulgate rules for implementation; requiring and authorizing the issuance of licenses for children's camps; defining and modifying the definition of certain terms relating to the lead poisoning prevention act; modifying certain licensing provisions for lead firms and professionals; requiring that certain rules regulating lead work standards and methods comply with the toxic substances control act; amending certain lead related licensure provisions and training course requirements; defining and modifying definitions of certain terms concerning the certification of environmental laboratories; modifying authorization and rules, establishing standards and adjusting certain fees for the certification of environmental laboratories; authorizing commissioner of health to accredit certain laboratories that test samples under certain programs, specifying certain laboratories out of this state pay additional fees, specifying required application procedure for laboratory accreditation, establishing fee payment and refund policy as it relates to laboratory accreditation, establishing accreditation implementation standards and effective date, establishing accreditation issuance and annual renewal procedure, providing for enforcement of the certification of environmental laboratories under the Health Enforcement Consolidation Act of 1993; establishing a duplicate license fee for occupational therapists; modifying certain fees for the dispensing of hearing instruments; defining youth camp, requiring youth camps to be licensed, providing for the renewal of youth camp licenses, modifying food manager certification, imposing certain fees for youth camps, establishing certain youth camp posting requirements, modifying certain exemptions; defining special event recreational camping area, modifying license renewal and fee assessment procedure for manufactured home parks and recreational camping areas, establishing fees for special event camping areas, modifying certain department of health plan review application procedures for manufactured home parks and recreational camping areas, specifying certain rules for special event camping areas; establishing a colorectal cancer screening demonstration project to provide screening to uninsured and underinsured women and men, specifying certain medical assistance (MA) eligibility requirements for the treatment for colorectal cancer, requiring commissioner of health to provide grants to the Hennepin county medical center and MeritCare Bemidji for a colorectal screening demonstration project, specifying certain services and applicant eligibility requirements, requiring commissioner of health in consultation with the university of Minnesota school of public health to evaluate the demonstration project and make certain recommendations, requiring report to legislature by a certain date; repealing certain provisions including prohibiting the department of health from collecting fees from state and local governments concerning well borings, repealing the position of interim lead control worker from the lead poisoning prevention act, repealing the primary license and the annual license provisions in relation to manufactured home parks and camping areas

ARTICLE 6 - TECHNICAL

Making certain technical corrections

ARTICLE 7 - MENTAL HEALTH

Establishing a state-county chemical health care home pilot project to redesign the structural relationship between the state and counties to promote greater accountability, productivity and results in the delivery of state chemical dependency services; specifying certain requirements of the pilot project; authorizing the formation of a workgroup, requiring workgroup to report to the legislature; instructing the department of human services to report to the legislature on the efficacy of the pilot project

ARTICLE 8 - HEALTH-RELATED FEES

Modifying certain health-related license fees; modifying certain provisions relating to schedule II and III controlled substances prescription electronic reporting system; establishing an application and an examination fee for veterinary licensure in the state, requiring an initial veterinary fee along with a biennial renewal fee for persons licensed to practice veterinary medicine, establishing a veterinary license renewal deadline, determining a late renewal penalty and license reinstatement fee, establishing penalty for not paying certain fees and license suspension procedure, establishing renewal of an inactive license, establishing veterinary temporary license fees, duplicate license fees and fees for mailing Minnesota veterinary jurisprudence examination materials to license applicants; repealing obsolete rules regarding veterinary license fees; repealing certain social worker fee reduction provisions

ARTICLE 9 - BODY ART TECHNICIANS AND ESTABLISHMENTS

Providing a regulation system for body art technicians and establishments; defining certain terms; requiring department of health licensure for body art establishments; exception for certain establishments in jurisdiction of local governments with licensure for body art establishments; requiring department of health licensure for body art technicians, exception for certain medical professionals; providing for apprenticeship and guest artists, grounds for emergency closure, health and safety standards, professional standards, an investigation process and grounds for disciplinary action and fees; providing for no preemption of county or municipal regulation

ARTICLE 10 - HEALTH CARE

Requiring sellers of reinsurance meet qualifications of an insurer; permitting health maintenance organizations to contract to provide reinsurance to health insurance or nonprofit health service plan corporations; modifying certain transfers from the commissioner of human services to the medical education and research fund; modifying administrative cost limits for the implementation of a statewide data management system to maximize medical assistance reimbursement; modifying certain human services performance payment provisions; establishing a public assistance reporting information system (PARIS) to determine eligibility for individuals applying for certain public benefits; requiring the commissioner of human services to comply with requirements in the American recovery and reinvestment act relating to American Indians; modifying the state medical review team process by requiring commissioner of human services (DHS) applicant assistance with medical assistance (MA) disability determination documentation; authorizing commissioner of human services to establish a pilot project to reduce the total cost to the state for dental services provided to enrollees of the state public health care programs by reducing hospital emergency room costs for preventable and nonemergency dental services; authorizing commissioner to establish a pilot project to improve the access to dental services for residents of a nursing facility by authorizing and paying for dental services to be provided for multiple residents in a single facility at the same time through an arrangement with a dental provider; authorizing commissioner to establish a pilot project under which dental providers shall be paid a care coordination fee to coordinate dental care for patients with existing dental disease; requiring commissioner of human services to implement a demonstration project incorporating e-prescribing applications with a clinical information database in order to increase patient safety and efficiencies and reduce medication error, duplication of therapies, and eliminate waste; modifying the rebasing of hospital operating payment rates; reducing payment for fee-for-service admissions made to hospitals for inpatient services before third party liability and spendown; prohibiting medical assistance (MA) payments for certain hospital-acquired conditions and certain treatments; providing a temporary rate increase for certain hospitals; authorizing the commissioner to establish certain performance thresholds for health care providers to become vendors of medical care; modifying the medical assistance eligibility determination of certain disability requirements; modifying medical assistance (MA) and MinnesotaCare eligibility requirements relating to certain asset limitations for individuals and families and families and children, specifying certain asset disclosure requirements to the local agency at the time of application and at the time of an eligibility redetermination, verification requirement upon request; modifying treatment of certain medical assistance qualifying trusts; modifying the reduction of excess assets for eligibility requirements for medical assistance; referring certain MA applicants without apparent eligibility or disabilities to the state medical review team of commissioner for disability determination; specifying certain medical assistance (MA) eligibility requirements for the treatment for colorectal cancer; modifying the definition of reasonable expenses incurred for necessary medical or remedial care for institutionalized persons; specifying the prohibition of asset transfers into pooled trusts for institutionalized persons; permitting certain period of ineligibility standards for certain uncompensated transfers on behalf of institutionalized person to be eliminated under certain circumstances; modifying the eligibility for medical assistance for certain noncitizens; modifying the coverage of certain physicians services under medical assistance; specifying certain limits to medical assistance coverage for children's dental services; providing for certain dental services for adults covered by medical assistance; modifying coverage of nurse anesthetist services under medical assistance; authorizing medical assistance coverage of drugs prescribed by physicians assistants under certain circumstances; modifying acquisition costs of certain drugs relating to medical assistance payment rates; requiring commissioner of human services (DHS) to establish a pilot project under medical assistance (MA) for an intensive medication therapy management program for certain patients with multiple chronic conditions and needing a high number of medications; authorizing the commissioner to establish a collaborative psychiatric consultation service to be covered under medical assistance (MA); modifying medical transportation requirements and reimbursements; specifying medical assistance (MA) coverage for ambulance services; establishing that the commissioner must require prior authorization of diagnostic imaging services in order to have it covered by medical assistance (MA); modifying the payment of certain special education services covered under medical assistance (MA); expanding certain health care homes outreach requirements, requiring health care program enrollees having a complex or chronic condition to select a primary care clinic with clinicians certified as health care homes under certain conditions; authorizing the commissioner to implement a demonstration project for enrollees in medical assistance (MA) or general assistance who have or are at risk of developing diabetes; authorizing commissioner to accept data received from the social security administration as and application for medical assistance (MA); clarifying the definition of medical assistance as it relates to certain claims against estates, specifying what a medical assistance (MA) recipient???s estate must include; modifying payment of a claim against and estate of a surviving spouse that did not receive medical assistance (MA), specifying certain controlling provisions related to estates, authorizing intervention of the commissioner relating to the recovery of medical assistance (MA); authorizing certain voluntary intergovernmental transfer payments to certain clinics and hospitals, specifying certain duties of commissioner relating to Hennepin county medical center and Regions hospital supplemental payment rate determinations for medical assistance (MA) purposes, contingency provision; authorizing additional medical assistance payments under certain conditions; requiring reporting of additional certified public expenditures, requiring commissioner of human services to reduce a health plan's emergency room utilization rate for medical assistance (MA) and MinnesotaCare enrollees by a certain amount, specifying return of withheld funds, requiring the withhold to continue for a certain amount of time; modifying commissioner annual transfers to the medical education and research fund and capitation rates; specifying certain dental service delivery prohibitions by dental demonstration providers; modifying certain demonstration projects involving alternative services for elderly and disabled persons; requiring health plans to cover birthing centers as a condition of participation in medical assistance (MA) or MinnesotaCare programs; modifying certain facility and provider reimbursement rates for births; reducing medical assistance (MA) reimbursement rates for certain physician and professional services, exceptions; requiring certain reductions for managed care and county-based purchasing plans payments; requiring medical assistance (MA) reimbursement for basic services be reduced by a certain percentage, specifying exceptions; requiring the commissioner of human services to require eligible employees and medical assistance (MA) enrollees to participate in a patient-centered decision-making process prior to a referral being approved or a reimbursement for certain surgical procedures and conditions, specifying surgical procedures and conditions; modifying the payment rate for general assistance basic care services and for physician and professional services under medical assistance (MA); extending MinnesotaCare eligibility to children and families with incomes beyond a certain percentage of federal poverty guidelines, to certain families failing to submit renewal forms and related documentation, to a certain percentage of the federal poverty guidelines, and the premium exemption; expanding certain exemptions to the prohibition on employer-subsidized health care coverage for MinnesotaCare; providing for delayed verification of certain children's applications for MinnesotaCare; reducing MinnesotaCare payments to managed care plans; exempting dental services from managed care plan vendor requirements; requiring the continuation of managed care performance withholds for a certain amount of time; establishing annual filing requirements for supplemental needs trusts; modifying the liability of the husband and wife regarding claims involving public institutions, medical assistance (MA), general assistance and county relief of poor; transferring a certain amount of the health care access fund appropriations to the University of Minnesota to the commissioner for purposes for a medical assistance (MA) prepayment demonstration project; instructing the commissioners of human services and health to determine the amount of excess surplus in each health maintenance organization and county based purchasing plan; instructing the commissioner of human services to reduce the general assistance medical care capitation rate paid by each health maintenance organization and county-based purchasing plan; creating an autism spectrum disorder (ASD) joint task force, specifying membership requirements and duties; requiring legislative coordinating commission (LCC) to provide administrative and fiscal services to task force and requiring departments of education, employment and economic development (DEED) and health and human services to provide certain additional assistance, requiring a report to legislature by a certain date; requiring the commissioner to seek necessary federal approval; repealing a community-based health care coverage program demonstration project in Carlton, Cook, Lake and St. Louis counties, a Minnesota health care programs eligibility renewal notice mailing requirement, a prospective payment of dental services demonstration project, a provision specifying the coverage of dental services by medical assistance (MA), a prepayment for dental services demonstration project in Crow Wing, Todd, Morrison, Wadena and Cass counties, and an obsolete asset requirement provision for MinnesotaCare

ARTICLE 11 - FORECAST ADJUSTMENTS

Adjusting appropriations to the department of human services including revenue and pass through grants, children and economic assistance grants, Minnesota family investment program (MFIP) and DWP grants, Minnesota family investment program (MFIP) child care assistance grants, general assistance grants, Minnesota supplemental aid grants, group residential housing grants, basic healthcare grants, MinnesotaCare health care access, medical assistance basic health care; families and children, medical assistance basic health care; elderly and disabled, general assistance medical care, continuing care grants, medical assistance long-term care facilities, medical assistance long-term care waivers and chemical dependency entitlement grants

ARTICLE 12 - HEALTH AND HUMAN SERVICES APPROPRIATIONS

Appropriating money to the department of human services for system projects; transferring money from the HealthMatch account, the Minnesota joint underwriting association, certain nonfederal share department transfers; modifying Hennepin county contribution to the nonfederal share of medical assistance (MA); specifying certain reporting requirements for certain allowable TANF/maintenance of effort (MOE) block grant activities; permitting commissioner to claim a certain amount of working family credit expenditures as TANF/MOE; specifying certain amounts of TANF fund amounts transfer to the federal child care and development fund; instructing commissioner to apply for and claim the allowable federal matching funds for state expenditures on behalf of family stabilization services; specifying certain funds available to the food support administration under the American Recovery and Reinvestment Act (ARRA) be appropriated to commissioner for implementing food support benefit increases, increased eligibility determinations and outreach; establishing the availability of TANF contingency funds under the ARRA and requiring commissioner to request funds to meet certain requirements, specifying amounts spent for agency management purposes such as financial operations, legal and regulatory operations, management operations including base level funding modification and information technology operations, for revenue and pass-through revenue expenditures, for children and economic assistance grants such as MFIP/DWP grants, support services grants with base modification, MFIP child care assistance grants, basic sliding fee child care assistance grants, child care development grants including family, friend and neighbor grants and quality rating systems, child support enforcement grants, children's services grants with base modification including privatized adoption grants, adoption assistance incentive grants, adoption assistance and relative custody assistance, children and community services grants including a targeted case management temporary funding adjustment, general assistance grants including the setting of a general assistance standard and for emergency general assistance, Minnesota supplemental aid funds, group residential housing grants, children's mental health grants and other children and economic assistance grants with a base modification including homeless youth funds, emergency food and shelter programs, homeless prevention, commodity assistance programs and senior nutrition programs, children and economic assistance management including the children and economic assistance administration with base modification and children and economic assistance operations, basic health care grants including MinnesotaCare grants, medical assistance basic health care grants-families and children, medical assistance basic health care grants the elderly and disabled, general assistance medical care grants and other grants including a community-based health care demonstration project, health care management with base funding modification including health care operations with health care access fund base funding modification, continuing care grants including aging and adult service grants with general fund base modification, alternative care grants including a general fund base adjustment, medical assistance grants; long-term care facilities, medical assistance long-term care waivers and home care grants, mental health grants, deaf and hard-of-hearing grants, chemical dependency entitlement grants, chemical dependency nonentitlement grants including a general fund base modification and other continuing care grants including a general fund base modification, continuing care management including a general fund base modification, state operated services including adult mental health services with a general fund base modification, Minnesota security hospital and Minnesota extended treatment option services and for Minnesota sex offender services; appropriating money to commissioner of health for community and family health purposes including to the TANF program for home visiting and nutritional services, providing for a general fund base adjustment, decreasing racial and ethnic disparities in infant mortality rates and the family home visiting grant program, for policy quality and compliance including medical education and research cost federal compliance, autism clinical research, a state loan repayment program, birthing centers and specifying a general fund base modification and for health protection and administrative support services; appropriating money to the department of veterans affairs for veterans homes via a veterans home special revenue account, medicare certification of veterans homes and base level funding and general fund base modification; appropriating money to health related boards such as the boards of chiropractic examiners, dentistry, dietetic and nutrition practice, marriage and family therapy, medical practice, nursing and nursing home administrators, optometry, pharmacy, physical therapy, podiatry, psychology, social work, veterinary medicine and behavioral health and therapy; appropriating money to the emergency medical services regulatory board including the longevity award and incentive program and the health professional services program; appropriating money to the council on disability; appropriating money to the ombudsman for mental health and developmental disabilities and to the ombudsperson for families; permitting commissioner of human services to transfer certain unencumbered appropriation balances; modifying certain appropriations; instructing commissioners health and human services to not use indirect costs to fund programs; specifying the expiration of uncodified language
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