1.1 	A bill for an act
1.2 	relating to human services; requiring a conference in case management and 
1.3 	personal care assistance appeals; amending Minnesota Statutes 2010, section 
1.4 	256.045, subdivision 4a.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2010, section 256.045, subdivision 4a, is amended to 
1.7 	read:
1.8 		Subd. 4a.Case management appeals. (a) Any recipient of case management 
1.9 	services pursuant to section 256B.092, who contests the county agency's action or failure 
1.10 	to act in the provision of those case management services, other than a failure to act with 
1.11 	reasonable promptness or a suspension, reduction, denial, or termination of services, 
1.12 	must may submit a written request for a conciliation conference with the recipient's 
1.13 	case worker and the county lead agency director or designee to the county agency, and 
1.14 	must mail a copy of their request to the department at the same time they file it with the 
1.15 	county agency. The filing with the department shall constitute an appeal for a fair hearing 
1.16 	under this section. The department may hear and decide the appeal without regard to the 
1.17 	request for a conference. 
1.18 	(b) The county agency shall inform the commissioner of the receipt of a request when 
1.19 	it is submitted and shall schedule a conciliation conference. The county agency shall notify 
1.20 	the recipient, the commissioner, and all interested persons of the time, date, and location 
1.21 	of the conciliation conference to be held in person, by telephone, or by electronic media. 
1.22 	The commissioner may assist the county by providing mediation services or by identifying 
1.23 	other resources that may assist in the mediation between the parties. Within 30 days after 
1.24 	the conference has been held, the county agency shall conduct the conciliation conference 
2.1 	and inform the recipient in writing of the action the county agency is going to take and 
2.2 	when that action will be taken and notify the recipient of the right to a hearing under this 
2.3 	subdivision. The conciliation conference shall be conducted in a manner consistent with 
2.4 	the commissioner's instructions. If the county fails to conduct the conciliation conference 
2.5 	and issue its report within 30 days, or, at any time up to 90 days after the conciliation 
2.6 	conference is held, a recipient may submit to the commissioner a written request for a 
2.7 	hearing before a state human services referee to determine whether case management 
2.8 	services have been provided in accordance with applicable laws and rules or whether the 
2.9 	county agency has assured that the services identified in the recipient's individual service 
2.10 	plan have been delivered in accordance with the laws and rules governing the provision 
2.11 	of those services and the recipient's appeal has not yet been heard under this section, the 
2.12 	recipient may file a request for an order directing the county agency to comply with their 
2.13 	obligation to schedule and hold the conference and issue a notice of its intended action 
2.14 	regarding case management services in accordance with this subdivision. The state human 
2.15 	services referee shall recommend an order to the commissioner, who shall, in accordance 
2.16 	with the procedure in subdivision 5, issue a final order within 60 days of the receipt of the 
2.17 	request for a hearing, unless the commissioner refuses to accept the recommended order, in 
2.18 	which event a final order shall issue within 90 days of the receipt of that request. The order 
2.19 	may direct the county agency to take those actions necessary to comply with applicable 
2.20 	laws or rules. The commissioner may issue a temporary order prohibiting the demission of 
2.21 	a recipient of case management services from a residential or day habilitation program 
2.22 	licensed under chapter 245A, while a county agency review process or an appeal brought 
2.23 	by a recipient under this subdivision is pending, or for the period of time necessary for 
2.24 	the county agency to implement the commissioner's order. The commissioner shall not 
2.25 	issue a final order staying the demission of a recipient of case management services from a 
2.26 	residential or day habilitation program licensed under chapter 245A.