1.1 	A bill for an act
1.2 	relating to state government; modifying laws governing certain executive branch 
1.3 	advisory groups;amending Minnesota Statutes 2012, sections 115.741, by 
1.4 	adding a subdivision; 144G.06; 152.126, subdivision 3; 252.30; 256B.0625, 
1.5 	subdivision 13c; 256B.27, subdivision 3; Minnesota Statutes 2013 Supplement, 
1.6 	sections 144.98, subdivision 10; 254A.035, subdivision 2; 254A.04; 256B.064, 
1.7 	subdivision 1a; 256B.093, subdivision 1; 260.835, subdivision 2; repealing 
1.8 	Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98, 
1.9 	subdivisions 1, 3; 252.31; 402A.15.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2012, section 115.741, is amended by adding a 
1.12 	subdivision to read:
1.13 		Subd. 5.Repeal. This section is repealed June 30, 2019.

1.14 	Sec. 2. Minnesota Statutes 2013 Supplement, section 144.98, subdivision 10, is 
1.15 	amended to read:
1.16 		Subd. 10.Establishing a selection committee. (a) The commissioner shall 
1.17 	establish a selection committee for the purpose of recommending approval of qualified 
1.18 	laboratory assessors and assessment bodies. Committee members shall demonstrate 
1.19 	competence in assessment practices. The committee shall initially consist of seven 
1.20 	members appointed by the commissioner as follows:
1.21 	(1) one member from a municipal laboratory accredited by the commissioner;
1.22 	(2) one member from an industrial treatment laboratory accredited by the 
1.23 	commissioner;
1.24 	(3) one member from a commercial laboratory located in this state and accredited by 
1.25 	the commissioner;
2.1 	(4) one member from a commercial laboratory located outside the state and 
2.2 	accredited by the commissioner;
2.3 	(5) one member from a nongovernmental client of environmental laboratories;
2.4 	(6) one member from a professional organization with a demonstrated interest in 
2.5 	environmental laboratory data and accreditation; and
2.6 	(7) one employee of the laboratory accreditation program administered by the 
2.7 	department.
2.8 	(b) Committee appointments begin on January 1 and end on December 31 of the 
2.9 	same year.
2.10 	(c) The commissioner shall appoint persons to fill vacant committee positions, 
2.11 	expand the total number of appointed positions, or change the designated positions upon 
2.12 	the advice of the committee.
2.13 	(d) The commissioner shall rescind the appointment of a selection committee 
2.14 	member for sufficient cause as the commissioner determines, such as:
2.15 	(1) neglect of duty;
2.16 	(2) failure to notify the commissioner of a real or perceived conflict of interest;
2.17 	(3) nonconformance with committee procedures;
2.18 	(4) failure to demonstrate competence in assessment practices; or
2.19 	(5) official misconduct.
2.20 	(e) Members of the selection committee shall be compensated according to the 
2.21 	provisions in section 15.059, subdivision 3.
2.22 	(f) The selection committee expires June 30, 2018.

2.23 	Sec. 3. Minnesota Statutes 2012, section 144G.06, is amended to read:
2.24 	144G.06 UNIFORM CONSUMER INFORMATION GUIDE.
2.25 	(a) The commissioner of health shall establish an advisory committee consisting 
2.26 	of representatives of consumers, providers, county and state officials, and other 
2.27 	groups the commissioner considers appropriate. The advisory committee shall present 
2.28 	recommendations to the commissioner on:
2.29 	(1) a format for a guide to be used by individual providers of assisted living, as 
2.30 	defined in section 144G.01, that includes information about services offered by that 
2.31 	provider, which services may be covered by Medicare, service costs, and other relevant 
2.32 	provider-specific information, as well as a statement of philosophy and values associated 
2.33 	with assisted living, presented in uniform categories that facilitate comparison with guides 
2.34 	issued by other providers; and
3.1 	(2) requirements for informing assisted living clients, as defined in section 144G.01, 
3.2 	of their applicable legal rights.
3.3 	(b) The commissioner, after reviewing the recommendations of the advisory 
3.4 	committee, shall adopt a uniform format for the guide to be used by individual providers, 
3.5 	and the required components of materials to be used by providers to inform assisted 
3.6 	living clients of their legal rights, and shall make the uniform format and the required 
3.7 	components available to assisted living providers.

3.8 	Sec. 4. Minnesota Statutes 2012, section 152.126, subdivision 3, is amended to read:
3.9 		Subd. 3.Prescription Electronic Reporting Advisory Committee. (a) The 
3.10 	board shall convene an advisory committee. The committee must include at least one 
3.11 	representative of:
3.12 	(1) the Department of Health;
3.13 	(2) the Department of Human Services;
3.14 	(3) each health-related licensing board that licenses prescribers;
3.15 	(4) a professional medical association, which may include an association of pain 
3.16 	management and chemical dependency specialists;
3.17 	(5) a professional pharmacy association;
3.18 	(6) a professional nursing association;
3.19 	(7) a professional dental association;
3.20 	(8) a consumer privacy or security advocate; and
3.21 	(9) a consumer or patient rights organization.
3.22 	(b) The advisory committee shall advise the board on the development and operation 
3.23 	of the electronic reporting system, including, but not limited to:
3.24 	(1) technical standards for electronic prescription drug reporting;
3.25 	(2) proper analysis and interpretation of prescription monitoring data; and
3.26 	(3) an evaluation process for the program.
3.27 	(c) The advisory committee expires June 30, 2018.

3.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.29 	Sec. 5. Minnesota Statutes 2012, section 252.30, is amended to read:
3.30 	252.30 AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY 
3.31 	RESIDENTIAL FACILITIES.
3.32 	The commissioner of human services may make grants to nonprofit organizations, 
3.33 	municipalities or local units of government to provide up to 25 percent of the cost of 
4.1 	constructing, purchasing or remodeling small community residential facilities for persons 
4.2 	with developmental disabilities allowing such persons to live in a homelike atmosphere 
4.3 	near their families. Operating capital grants may also be made for up to three months of 
4.4 	reimbursable operating costs after the facility begins processing applications for admission 
4.5 	and prior to reimbursement for services. Repayment of the operating grants shall be made 
4.6 	to the commissioner of human services at the end of the provider's first fiscal year, or at 
4.7 	the conclusion of the interim rate period, whichever occurs first. No aid under this section 
4.8 	shall be granted to a facility providing for more than 16 residents in a living unit and with 
4.9 	more than two living units. The advisory council established by section 252.31 shall 
4.10 	recommend to the commissioner appropriate disbursement of the funds appropriated by 
4.11 	Laws 1973, chapter 673, section 3. Prior to any disbursement of funds the commissioner 
4.12 	shall review the plans and location of any proposed facility to determine whether such 
4.13 	a facility is needed. The commissioner shall promulgate such rules for the making of 
4.14 	grants and for the administration of this section as the commissioner deems proper. 
4.15 	The remaining portion of the cost of constructing, purchasing, remodeling facilities, or 
4.16 	of operating capital shall be borne by nonstate sources including federal grants, local 
4.17 	government funds, funds from charitable sources, gifts and mortgages.

4.18 	Sec. 6. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is 
4.19 	amended to read:
4.20 		Subd. 2.Membership terms, compensation, removal and expiration. The 
4.21 	membership of this council shall be composed of 17 persons who are American Indians 
4.22 	and who are appointed by the commissioner. The commissioner shall appoint one 
4.23 	representative from each of the following groups: Red Lake Band of Chippewa Indians; 
4.24 	Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota 
4.25 	Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, 
4.26 	Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
4.27 	Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux 
4.28 	Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux 
4.29 	Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; 
4.30 	and two representatives from the Minneapolis Urban Indian Community and two from the 
4.31 	St. Paul Urban Indian Community. The terms, compensation, and removal of American 
4.32 	Indian Advisory Council members shall be as provided in section 15.059. The council 
4.33 	expires June 30, 2014 2018.

4.34 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.1 	Sec. 7. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
5.2 	254A.04 CITIZENS ADVISORY COUNCIL.
5.3 	There is hereby created an Alcohol and Other Drug Abuse Advisory Council to 
5.4 	advise the Department of Human Services concerning the problems of alcohol and 
5.5 	other drug dependency and abuse, composed of ten members. Five members shall be 
5.6 	individuals whose interests or training are in the field of alcohol dependency and abuse; 
5.7 	and five members whose interests or training are in the field of dependency and abuse of 
5.8 	drugs other than alcohol. The terms, compensation and removal of members shall be as 
5.9 	provided in section 15.059. The council expires June 30, 2014 2018. The commissioner 
5.10 	of human services shall appoint members whose terms end in even-numbered years. The 
5.11 	commissioner of health shall appoint members whose terms end in odd-numbered years.

5.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.13 	Sec. 8. Minnesota Statutes 2012, section 256B.0625, subdivision 13c, is amended to 
5.14 	read:
5.15 		Subd. 13c.Formulary committee. The commissioner, after receiving 
5.16 	recommendations from professional medical associations and professional pharmacy 
5.17 	associations, and consumer groups shall designate a Formulary Committee to carry 
5.18 	out duties as described in subdivisions 13 to 13g. The Formulary Committee shall be 
5.19 	comprised of four licensed physicians actively engaged in the practice of medicine in 
5.20 	Minnesota one of whom must be actively engaged in the treatment of persons with mental 
5.21 	illness; at least three licensed pharmacists actively engaged in the practice of pharmacy 
5.22 	in Minnesota; and one consumer representative; the remainder to be made up of health 
5.23 	care professionals who are licensed in their field and have recognized knowledge in the 
5.24 	clinically appropriate prescribing, dispensing, and monitoring of covered outpatient drugs. 
5.25 	Members of the Formulary Committee shall not be employed by the Department of Human 
5.26 	Services, but the committee shall be staffed by an employee of the department who shall 
5.27 	serve as an ex officio, nonvoting member of the committee. The department's medical 
5.28 	director shall also serve as an ex officio, nonvoting member for the committee. Committee 
5.29 	members shall serve three-year terms and may be reappointed by the commissioner. 
5.30 	The Formulary Committee shall meet at least twice per year. The commissioner may 
5.31 	require more frequent Formulary Committee meetings as needed. An honorarium of $100 
5.32 	per meeting and reimbursement for mileage shall be paid to each committee member in 
5.33 	attendance. The Formulary Committee expires June 30, 2018.

5.34 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.1 	Sec. 9. Minnesota Statutes 2013 Supplement, section 256B.064, subdivision 1a, 
6.2 	is amended to read:
6.3 		Subd. 1a.Grounds for sanctions against vendors. The commissioner may 
6.4 	impose sanctions against a vendor of medical care for any of the following: (1) fraud, 
6.5 	theft, or abuse in connection with the provision of medical care to recipients of public 
6.6 	assistance; (2) a pattern of presentment of false or duplicate claims or claims for services 
6.7 	not medically necessary; (3) a pattern of making false statements of material facts for 
6.8 	the purpose of obtaining greater compensation than that to which the vendor is legally 
6.9 	entitled; (4) suspension or termination as a Medicare vendor; (5) refusal to grant the 
6.10 	state agency access during regular business hours to examine all records necessary to 
6.11 	disclose the extent of services provided to program recipients and appropriateness of 
6.12 	claims for payment; (6) failure to repay an overpayment or a fine finally established under 
6.13 	this section; (7) failure to correct errors in the maintenance of health service or financial 
6.14 	records for which a fine was imposed or after issuance of a warning by the commissioner; 
6.15 	and (8) any reason for which a vendor could be excluded from participation in the 
6.16 	Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act. 
6.17 	The determination of services not medically necessary may be made by the commissioner 
6.18 	in consultation with a peer advisory task force appointed by the commissioner on the 
6.19 	recommendation of appropriate professional organizations. The task force expires as 
6.20 	provided in section 15.059, subdivision 5.

6.21 	Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.093, subdivision 1, 
6.22 	is amended to read:
6.23 		Subdivision 1.State traumatic brain injury program. The commissioner of 
6.24 	human services shall:
6.25 	(1) maintain a statewide traumatic brain injury program;
6.26 	(2) supervise and coordinate services and policies for persons with traumatic brain 
6.27 	injuries;
6.28 	(3) contract with qualified agencies or employ staff to provide statewide 
6.29 	administrative case management and consultation;
6.30 	(4) maintain an advisory committee to provide recommendations in reports to the 
6.31 	commissioner regarding program and service needs of persons with brain injuries;
6.32 	(5) investigate the need for the development of rules or statutes for the brain injury 
6.33 	home and community-based services waiver;
6.34 	(6) investigate present and potential models of service coordination which can be 
6.35 	delivered at the local level; and
7.1 	(7) the advisory committee required by clause (4) must consist of no fewer than 
7.2 	ten members and no more than 30 members. The commissioner shall appoint all 
7.3 	advisory committee members to one- or two-year terms and appoint one member as 
7.4 	chair. Notwithstanding section 15.059, subdivision 5, The advisory committee does not 
7.5 	terminate until June 30, 2014 2018.

7.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.7 	Sec. 11. Minnesota Statutes 2012, section 256B.27, subdivision 3, is amended to read:
7.8 		Subd. 3.Access to medical records. The commissioner of human services, with the 
7.9 	written consent of the recipient, on file with the local welfare agency, shall be allowed 
7.10 	access to all personal medical records of medical assistance recipients solely for the 
7.11 	purposes of investigating whether or not: (a) a vendor of medical care has submitted a 
7.12 	claim for reimbursement, a cost report or a rate application which is duplicative, erroneous, 
7.13 	or false in whole or in part, or which results in the vendor obtaining greater compensation 
7.14 	than the vendor is legally entitled to; or (b) the medical care was medically necessary. The 
7.15 	vendor of medical care shall receive notification from the commissioner at least 24 hours 
7.16 	before the commissioner gains access to such records. The determination of provision of 
7.17 	services not medically necessary shall be made by the commissioner. The commissioner 
7.18 	may consult with an advisory task force of vendors the commissioner may appoint, on 
7.19 	the recommendation of appropriate professional organizations. The task force expires as 
7.20 	provided in section 15.059, subdivision 6. Notwithstanding any other law to the contrary, 
7.21 	a vendor of medical care shall not be subject to any civil or criminal liability for providing 
7.22 	access to medical records to the commissioner of human services pursuant to this section.

7.23 	Sec. 12. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is 
7.24 	amended to read:
7.25 		Subd. 2.Expiration. Notwithstanding section 15.059, subdivision 5, the American 
7.26 	Indian Child Welfare Advisory Council expires June 30, 2014 2018.

7.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.28 	Sec. 13. CLARIFICATION OF CONTINUED EXISTENCE.
 7.29 	This section clarifies that the groups listed in this section did not expire June 30, 
7.30 	2009. Actions taken by the groups listed in this section and public funds spent on behalf 
7.31 	of these groups since June 30, 2009, are valid: 
8.1 	(1) Medical Assistance Drug Formulary Committee, created in Minnesota Statutes, 
8.2 	section 256B.0625, subdivision 13c; 
8.3 	(2) Environmental Health Tracking and Biomonitoring Advisory Panel, created 
8.4 	in Minnesota Statutes, section 144.998; 
8.5 	(3) Water Supply Systems and Wastewater Treatment Facilities Advisory Council, 
8.6 	created in Minnesota Statutes, section 115.741; and
8.7 	(4) Prescription Electronic Reporting Advisory Committee, created in Minnesota 
8.8 	Statutes, section 152.126, subdivision 3.

8.9 	EFFECTIVE DATE. This section is effective the day following final enactment 
8.10 	and applies retroactively to June 30, 2009.

8.11 	Sec. 14. REVISOR'S INSTRUCTION.
 8.12 	The revisor of statutes shall: (1) remove cross-references to the sections repealed in 
8.13 	section 9 wherever they appear in Minnesota Statutes and Minnesota Rules; and (2) make 
8.14 	changes necessary to correct the punctuation, grammar, or structure of the remaining text 
8.15 	and preserve its meaning.

8.16 	Sec. 15.  REPEALER.
 8.17 	Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98, 
8.18 	subdivisions 1 and 3; 252.31; and 402A.15, are repealed.