1.1A bill for an act1.2relating to human services; removing obsolete provisions from statute and rule 1.3relating to children and family services, health care, chemical and mental health 1.4services, continuing care, and operations; modifying provisions governing the 1.5elderly waiver, the alternative care program, and mental health services for 1.6children;amending Minnesota Statutes 2012, sections 13.46, subdivision 4; 1.7245.4871, subdivisions 3, 6; 245.4873, subdivision 2; 245.4874, subdivision 1; 1.8245.4881, subdivisions 3, 4; 245.4882, subdivision 1; 245C.04, subdivision 1; 1.9245C.05, subdivision 5; 246.0135; 246.325; 254B.05, subdivision 2; 256.01, 1.10subdivision 14b; 256.963, subdivision 2; 256.969, subdivision 9; 256B.0913, 1.11subdivisions 5a, 14; 256B.0915, subdivisions 3c, 3d, 3f, 3g; 256B.0943, 1.12subdivisions 8, 10, 12; 256B.69, subdivisions 2, 4b, 5, 5a, 5b, 6b, 6d, 17, 1.1326, 29, 30; 256B.692, subdivisions 2, 5; 256D.02, subdivision 11; 256D.04; 1.14256D.045; 256D.07; 256I.04, subdivision 3; 256I.05, subdivision 1c; 256J.425, 1.15subdivision 4; 518A.65; 595.06; 626.556, subdivision 3c; Minnesota Statutes 1.162013 Supplement, sections 245A.03, subdivision 7; 256B.0943, subdivisions 1, 1.172, 7; 256B.69, subdivisions 5c, 28; 256D.02, subdivision 12a; 517.04; Laws 1.182013, chapter 108, article 3, section 48; repealing Minnesota Statutes 2012, 1.19sections 119A.04, subdivision 1; 119B.09, subdivision 2; 119B.23; 119B.231; 1.20119B.232; 158.13; 158.14; 158.15; 158.16; 158.17; 158.18; 158.19; 245.0311; 1.21245.0312; 245.072; 245.4861; 245.487, subdivisions 4, 5; 245.4871, subdivisions 1.227, 11, 18, 25; 245.4872; 245.4873, subdivisions 3, 6; 245.4875, subdivisions 1.233, 6, 7; 245.4883, subdivision 1; 245.490; 245.492, subdivisions 6, 8, 13, 19; 1.24245.4932, subdivisions 2, 3, 4; 245.4933; 245.494; 245.63; 245.652; 245.69, 1.25subdivision 1; 245.714; 245.715; 245.717; 245.718; 245.721; 245.77; 245.827; 1.26245A.02, subdivision 7b; 245A.09, subdivision 12; 245A.11, subdivision 5; 1.27246.012; 246.016; 246.023, subdivision 1; 246.28; 251.045; 252.038; 252.05; 1.28252.07; 252.09; 254.01; 254.03; 254.04; 254.06; 254.07; 254.09; 254.10; 254.11; 1.29254A.05, subdivision 1; 254A.07, subdivisions 1, 2; 254A.16, subdivision 1; 1.30254B.01, subdivision 1; 254B.04, subdivision 3; 256.01, subdivisions 3, 14, 14a; 1.31256.964; 256.9691; 256.971; 256.975, subdivision 3; 256.9753, subdivision 1.324; 256.9792; 256B.04, subdivision 16; 256B.0656; 256B.0657; 256B.075, 1.33subdivision 4; 256B.0757, subdivision 7; 256B.0913, subdivision 9; 256B.0916, 1.34subdivisions 6, 6a; 256B.0928; 256B.19, subdivision 3; 256B.431, subdivisions 1.3528, 31, 33, 34, 37, 38, 39, 40, 41, 43; 256B.434, subdivision 19; 256B.440; 1.36256B.441, subdivisions 46, 46a; 256B.491; 256B.501, subdivisions 3a, 3b, 3h, 1.373j, 3k, 3l, 5e; 256B.5016; 256B.503; 256B.53; 256B.69, subdivisions 5e, 6c, 1.3824a; 256B.692, subdivision 10; 256D.02, subdivision 19; 256D.05, subdivision 1.394; 256D.46; 256I.05, subdivisions 1b, 5; 256I.07; 256J.24, subdivision 10; 2.1256K.35; 259.85, subdivisions 2, 3, 4, 5; 518A.53, subdivision 7; 518A.74; 2.2626.557, subdivision 16; 626.5593; Minnesota Statutes 2013 Supplement, 2.3sections 246.0251; 254.05; 254B.13, subdivision 3; 256B.31; 256B.501, 2.4subdivision 5b; 256C.05; 256C.29; 259.85, subdivision 1; Minnesota Rules, 2.5parts 9549.0020, subparts 2, 12, 13, 20, 23, 24, 25, 26, 27, 30, 31, 32, 33, 34, 2.635, 36, 38, 41, 42, 43, 44, 46, 47; 9549.0030; 9549.0035, subparts 4, 5, 6; 2.79549.0036; 9549.0040; 9549.0041, subparts 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 2.814, 15; 9549.0050; 9549.0051, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14; 2.99549.0053; 9549.0054; 9549.0055, subpart 4; 9549.0056; 9549.0060, subparts 1, 2.102, 3, 8, 9, 12, 13; 9549.0061; 9549.0070, subparts 1, 4.2.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:2.12ARTICLE 12.13CHILDREN AND FAMILY SERVICES2.14    Section 1. Minnesota Statutes 2012, section 256D.02, subdivision 11, is amended to 2.15read:2.16    Subd. 11. State aid. "State aid" means state aid to county agencies for general 2.17assistance and general assistance medical care expenditures as provided for in section 2.18256D.03
         , subdivisions subdivision 2 and 3.2.19    Sec. 2. Minnesota Statutes 2013 Supplement, section 256D.02, subdivision 12a, 2.20is amended to read:2.21    Subd. 12a. Resident. (a) For purposes of eligibility for general assistance and 2.22general assistance medical care, a person must be a resident of this state.2.23(b) A "resident" is a person living in the state for at least 30 days with the intention of 2.24making the person's home here and not for any temporary purpose. Time spent in a shelter 2.25for battered women shall count toward satisfying the 30-day residency requirement. All 2.26applicants for these programs are required to demonstrate the requisite intent and can do 2.27so in any of the following ways:2.28(1) by showing that the applicant maintains a residence at a verified address, other 2.29than a place of public accommodation. An applicant may verify a residence address by 2.30presenting a valid state driver's license, a state identification card, a voter registration card, 2.31a rent receipt, a statement by the landlord, apartment manager, or homeowner verifying 2.32that the individual is residing at the address, or other form of verification approved by 2.33the commissioner; or2.34(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart 2.353, item C.2.36(c) For general assistance, a county shall waive the 30-day residency requirement 2.37where unusual hardship would result from denial of general assistance. For purposes of 3.1this subdivision, "unusual hardship" means the applicant is without shelter or is without 3.2available resources for food.3.3The county agency must report to the commissioner within 30 days on any waiver 3.4granted under this section. The county shall not deny an application solely because the 3.5applicant does not meet at least one of the criteria in this subdivision, but shall continue to 3.6process the application and leave the application pending until the residency requirement 3.7is met or until eligibility or ineligibility is established.3.8(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan 3.9statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes 3.10any shelter that is located within the metropolitan statistical area containing the county 3.11and for which the applicant is eligible, provided the applicant does not have to travel more 3.12than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2) 3.13does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.3.14(e) Migrant workers as defined in section 
         256J.08and, until March 31, 1998, their 3.15immediate families are exempt from the residency requirements of this section, provided 3.16the migrant worker provides verification that the migrant family worked in this state 3.17within the last 12 months and earned at least $1,000 in gross wages during the time the 3.18migrant worker worked in this state.3.19(f) For purposes of eligibility for emergency general assistance, the 30-day residency 3.20requirement under this section shall not be waived.3.21(g) If any provision of this subdivision is enjoined from implementation or found 3.22unconstitutional by any court of competent jurisdiction, the remaining provisions shall 3.23remain valid and shall be given full effect.3.24    Sec. 3. Minnesota Statutes 2012, section 256D.04, is amended to read:3.25256D.04 DUTIES OF THE COMMISSIONER.3.26In addition to any other duties imposed by law, the commissioner shall:3.27(1) supervise according to section 
         256.01 the administration of general assistance 3.28and general assistance medical care by county agencies as provided in sections 
         256D.01 to 3.29256D.21
         ;3.30(2) promulgate uniform rules consistent with law for carrying out and enforcing the 3.31provisions of sections 
         256D.01 to 
         256D.21, including section 256D.05, subdivision 3, 3.32and section 
         256.01, subdivision 2, paragraph (16), to the end that general assistance may 3.33be administered as uniformly as possible throughout the state; rules shall be furnished 3.34immediately to all county agencies and other interested persons; in promulgating rules, the 3.35provisions of sections 
         14.001 to 
         14.69, shall apply;4.1(3) allocate money appropriated for general assistance and general assistance medical 4.2care to county agencies as provided in section 
         256D.03, subdivisions subdivision 2 and 3;4.3(4) accept and supervise the disbursement of any funds that may be provided by the 4.4federal government or from other sources for use in this state for general assistance and 4.5general assistance medical care;4.6(5) cooperate with other agencies including any agency of the United States or of 4.7another state in all matters concerning the powers and duties of the commissioner under 4.8sections 
         256D.01 to 
         256D.21;4.9(6) cooperate to the fullest extent with other public agencies empowered by law to 4.10provide vocational training, rehabilitation, or similar services;4.11(7) gather and study current information and report at least annually to the governor 4.12on the nature and need for general assistance and general assistance medical care, the 4.13amounts expended under the supervision of each county agency, and the activities of each 4.14county agency and publish such reports for the information of the public;4.15(8) specify requirements for general assistance and general assistance medical care4.16 reports, including fiscal reports, according to section 
         256.01, subdivision 2, paragraph 4.17(17); and4.18(9) ensure that every notice of eligibility for general assistance includes a notice that 4.19women who are pregnant may be eligible for medical assistance benefits.4.20    Sec. 4. Minnesota Statutes 2012, section 256D.045, is amended to read:4.21256D.045 SOCIAL SECURITY NUMBER REQUIRED.4.22To be eligible for general assistance under sections 
         256D.01 to 
         256D.21, an individual 4.23must provide the individual's Social Security number to the county agency or submit proof 4.24that an application has been made. An individual who refuses to provide a Social Security 4.25number because of a well-established religious objection as described in Code of Federal 4.26Regulations, title 42, section 435.910, may be eligible for general assistance medical care 4.27under section 256D.03. The provisions of this section do not apply to the determination of 4.28eligibility for emergency general assistance under section 
         256D.06, subdivision 2. This 4.29provision applies to eligible children under the age of 18 effective July 1, 1997.4.30    Sec. 5. Minnesota Statutes 2012, section 256D.07, is amended to read:4.31256D.07 TIME OF PAYMENT OF ASSISTANCE.4.32An applicant for general assistance or general assistance medical care authorized 4.33by section 256D.03, subdivision 3, shall be deemed eligible if the application and the 4.34verification of the statement on that application demonstrate that the applicant is within 5.1the eligibility criteria established by sections 
         256D.01 to 
         256D.21 and any applicable rules 5.2of the commissioner. Any person requesting general assistance or general assistance 5.3medical care shall be permitted by the county agency to make an application for assistance 5.4as soon as administratively possible and in no event later than the fourth day following 5.5the date on which assistance is first requested, and no county agency shall require that a 5.6person requesting assistance appear at the offices of the county agency more than once 5.7prior to the date on which the person is permitted to make the application. The application 5.8shall be in writing in the manner and upon the form prescribed by the commissioner 5.9and attested to by the oath of the applicant or in lieu thereof shall contain the following 5.10declaration which shall be signed by the applicant: "I declare that this application has 5.11been examined by me and to the best of my knowledge and belief is a true and correct 5.12statement of every material point." On the date that general assistance is first requested, 5.13the county agency shall inquire and determine whether the person requesting assistance 5.14is in immediate need of food, shelter, clothing, assistance for necessary transportation, 5.15or other emergency assistance pursuant to section 
         256D.06, subdivision 2. A person in 5.16need of emergency assistance shall be granted emergency assistance immediately, and 5.17necessary emergency assistance shall continue for up to 30 days following the date of 5.18application. A determination of an applicant's eligibility for general assistance shall be 5.19made by the county agency as soon as the required verifications are received by the county 5.20agency and in no event later than 30 days following the date that the application is made. 5.21Any verifications required of the applicant shall be reasonable, and the commissioner 5.22shall by rule establish reasonable verifications. General assistance shall be granted to an 5.23eligible applicant without the necessity of first securing action by the board of the county 5.24agency. The first month's grant must be computed to cover the time period starting with 5.25the date a signed application form is received by the county agency or from the date that 5.26the applicant meets all eligibility factors, whichever occurs later.5.27If upon verification and due investigation it appears that the applicant provided 5.28false information and the false information materially affected the applicant's eligibility 5.29for general assistance or general assistance medical care provided pursuant to section 5.30256D.03, subdivision 3, or the amount of the applicant's general assistance grant, the 5.31county agency may refer the matter to the county attorney. The county attorney may 5.32commence a criminal prosecution or a civil action for the recovery of any general 5.33assistance wrongfully received, or both.5.34    Sec. 6. Minnesota Statutes 2012, section 256I.04, subdivision 3, is amended to read:6.1    Subd. 3. Moratorium on development of group residential housing beds. (a) 6.2County agencies shall not enter into agreements for new group residential housing beds 6.3with total rates in excess of the MSA equivalent rate except:6.4(1) for group residential housing establishments licensed under Minnesota Rules, 6.5parts 9525.0215 to 9525.0355, provided the facility is needed to meet the census reduction 6.6targets for persons with developmental disabilities at regional treatment centers;6.7(2) to ensure compliance with the federal Omnibus Budget Reconciliation Act 6.8alternative disposition plan requirements for inappropriately placed persons with 6.9developmental disabilities or mental illness;6.10(3)(2) up to 80 beds in a single, specialized facility located in Hennepin County 6.11that will provide housing for chronic inebriates who are repetitive users of detoxification 6.12centers and are refused placement in emergency shelters because of their state of 6.13intoxication, and planning for the specialized facility must have been initiated before July 6.141, 1991, in anticipation of receiving a grant from the Housing Finance Agency under 6.15section 
         462A.05, subdivision 20a, paragraph (b);6.16(4) (3) notwithstanding the provisions of subdivision 2a, for up to 190 supportive 6.17housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a 6.18mental illness, a history of substance abuse, or human immunodeficiency virus or acquired 6.19immunodeficiency syndrome. For purposes of this section, "homeless adult" means a 6.20person who is living on the street or in a shelter or discharged from a regional treatment 6.21center, community hospital, or residential treatment program and has no appropriate 6.22housing available and lacks the resources and support necessary to access appropriate 6.23housing. At least 70 percent of the supportive housing units must serve homeless adults 6.24with mental illness, substance abuse problems, or human immunodeficiency virus or 6.25acquired immunodeficiency syndrome who are about to be or, within the previous six 6.26months, has been discharged from a regional treatment center, or a state-contracted 6.27psychiatric bed in a community hospital, or a residential mental health or chemical 6.28dependency treatment program. If a person meets the requirements of subdivision 1, 6.29paragraph (a), and receives a federal or state housing subsidy, the group residential housing 6.30rate for that person is limited to the supplementary rate under section 
         256I.05, subdivision 6.311a
         , and is determined by subtracting the amount of the person's countable income that 6.32exceeds the MSA equivalent rate from the group residential housing supplementary rate. 6.33A resident in a demonstration project site who no longer participates in the demonstration 6.34program shall retain eligibility for a group residential housing payment in an amount 6.35determined under section 
         256I.06, subdivision 8, using the MSA equivalent rate. Service 6.36funding under section 
         256I.05, subdivision 1a, will end June 30, 1997, if federal matching 7.1funds are available and the services can be provided through a managed care entity. If 7.2federal matching funds are not available, then service funding will continue under section 7.3256I.05, subdivision 1a
         ;7.4(5) for group residential housing beds in settings meeting the requirements of 7.5subdivision 2a, clauses (1) and (3), which are used exclusively for recipients receiving 7.6home and community-based waiver services under sections 256B.0915, 256B.092, 7.7subdivision 5, 256B.093, and 256B.49, and who resided in a nursing facility for the six 7.8months immediately prior to the month of entry into the group residential housing setting. 7.9The group residential housing rate for these beds must be set so that the monthly group 7.10residential housing payment for an individual occupying the bed when combined with the 7.11nonfederal share of services delivered under the waiver for that person does not exceed the 7.12nonfederal share of the monthly medical assistance payment made for the person to the 7.13nursing facility in which the person resided prior to entry into the group residential housing 7.14establishment. The rate may not exceed the MSA equivalent rate plus $426.37 for any case;7.15(6) (4) for an additional two beds, resulting in a total of 32 beds, for a facility located 7.16in Hennepin County providing services for recovering and chemically dependent men that 7.17has had a group residential housing contract with the county and has been licensed as a 7.18board and lodge facility with special services since 1980;7.19(7) (5) for a group residential housing provider located in the city of St. Cloud, 7.20or a county contiguous to the city of St. Cloud, that operates a 40-bed facility, 7.21that received financing through the Minnesota Housing Finance Agency Ending 7.22Long-Term Homelessness Initiative and serves chemically dependent clientele, providing 7.2324-hour-a-day supervision;7.24(8) (6) for a new 65-bed facility in Crow Wing County that will serve chemically 7.25dependent persons, operated by a group residential housing provider that currently 7.26operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;7.27(9) (7) for a group residential housing provider that operates two ten-bed facilities, 7.28one located in Hennepin County and one located in Ramsey County, that provide 7.29community support and 24-hour-a-day supervision to serve the mental health needs of 7.30individuals who have chronically lived unsheltered; and7.31(10) (8) for a group residential facility in Hennepin County with a capacity of up to 7.3248 beds that has been licensed since 1978 as a board and lodging facility and that until 7.33August 1, 2007, operated as a licensed chemical dependency treatment program.7.34    (b) A county agency may enter into a group residential housing agreement for beds 7.35with rates in excess of the MSA equivalent rate in addition to those currently covered 7.36under a group residential housing agreement if the additional beds are only a replacement 8.1of beds with rates in excess of the MSA equivalent rate which have been made available 8.2due to closure of a setting, a change of licensure or certification which removes the beds 8.3from group residential housing payment, or as a result of the downsizing of a group 8.4residential housing setting. The transfer of available beds from one county to another can 8.5only occur by the agreement of both counties.8.6    Sec. 7. Minnesota Statutes 2012, section 256I.05, subdivision 1c, is amended to read:8.7    Subd. 1c. Rate increases. A county agency may not increase the rates negotiated 8.8for group residential housing above those in effect on June 30, 1993, except as provided in 8.9paragraphs (a) to (g) (f).8.10(a) A county may increase the rates for group residential housing settings to the MSA 8.11equivalent rate for those settings whose current rate is below the MSA equivalent rate.8.12(b) A county agency may increase the rates for residents in adult foster care whose 8.13difficulty of care has increased. The total group residential housing rate for these residents 8.14must not exceed the maximum rate specified in subdivisions 1 and 1a. County agencies 8.15must not include nor increase group residential housing difficulty of care rates for adults in 8.16foster care whose difficulty of care is eligible for funding by home and community-based 8.17waiver programs under title XIX of the Social Security Act.8.18(c) The room and board rates will be increased each year when the MSA equivalent 8.19rate is adjusted for SSI cost-of-living increases by the amount of the annual SSI increase, 8.20less the amount of the increase in the medical assistance personal needs allowance under 8.21section 
         256B.35.8.22(d) When a group residential housing rate is used to pay for an individual's room 8.23and board, or other costs necessary to provide room and board, the rate payable to 8.24the residence must continue for up to 18 calendar days per incident that the person is 8.25temporarily absent from the residence, not to exceed 60 days in a calendar year, if the 8.26absence or absences have received the prior approval of the county agency's social service 8.27staff. Prior approval is not required for emergency absences due to crisis, illness, or injury.8.28(e) For facilities meeting substantial change criteria within the prior year. Substantial 8.29change criteria exists if the group residential housing establishment experiences a 25 8.30percent increase or decrease in the total number of its beds, if the net cost of capital 8.31additions or improvements is in excess of 15 percent of the current market value of the 8.32residence, or if the residence physically moves, or changes its licensure, and incurs a 8.33resulting increase in operation and property costs.8.34(f) Until June 30, 1994, a county agency may increase by up to five percent the total 8.35rate paid for recipients of assistance under sections 
         256D.01 to 
         256D.21 or 
         256D.33 to 9.1256D.54
          who reside in residences that are licensed by the commissioner of health as 9.2a boarding care home, but are not certified for the purposes of the medical assistance 9.3program. However, an increase under this clause must not exceed an amount equivalent to 9.465 percent of the 1991 medical assistance reimbursement rate for nursing home resident 9.5class A, in the geographic grouping in which the facility is located, as established under 9.6Minnesota Rules, parts 9549.0050 to 9549.0058.9.7(g) For the rate year beginning July 1, 1996, a county agency may increase the total 9.8rate paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33 to 9.9256D.54 who reside in a residence that meets the following criteria:9.10(1) it is licensed by the commissioner of health as a boarding care home;9.11(2) it is not certified for the purposes of the medical assistance program;9.12(3) at least 50 percent of its residents have a primary diagnosis of mental illness;9.13(4) it has at least 17 beds; and9.14(5) it provides medication administration to residents.9.15    The rate following an increase under this paragraph must not exceed an amount 9.16equivalent to the average 1995 medical assistance payment for nursing home resident 9.17class A under the age of 65, in the geographic grouping in which the facility is located, as 9.18established under Minnesota Rules, parts 9549.0010 to 9549.0080.9.19    Sec. 8. Minnesota Statutes 2012, section 256J.425, subdivision 4, is amended to read:9.20    Subd. 4. Employed participants. (a) An assistance unit subject to the time limit 9.21under section 
         256J.42, subdivision 1, is eligible to receive assistance under a hardship 9.22extension if the participant who reached the time limit belongs to:9.23(1) a one-parent assistance unit in which the participant is participating in work 9.24activities for at least 30 hours per week, of which an average of at least 25 hours per week 9.25every month are spent participating in employment;9.26(2) a two-parent assistance unit in which the participants are participating in work 9.27activities for at least 55 hours per week, of which an average of at least 45 hours per week 9.28every month are spent participating in employment; or9.29(3) an assistance unit in which a participant is participating in employment for fewer 9.30hours than those specified in clause (1), and the participant submits verification from a 9.31qualified professional, in a form acceptable to the commissioner, stating that the number 9.32of hours the participant may work is limited due to illness or disability, as long as the 9.33participant is participating in employment for at least the number of hours specified by the 9.34qualified professional. The participant must be following the treatment recommendations 9.35of the qualified professional providing the verification. The commissioner shall develop a 10.1form to be completed and signed by the qualified professional, documenting the diagnosis 10.2and any additional information necessary to document the functional limitations of the 10.3participant that limit work hours. If the participant is part of a two-parent assistance unit, 10.4the other parent must be treated as a one-parent assistance unit for purposes of meeting the 10.5work requirements under this subdivision.10.6(b) For purposes of this section, employment means:10.7(1) unsubsidized employment under section 
         256J.49, subdivision 13, clause (1);10.8(2) subsidized employment under section 
         256J.49, subdivision 13, clause (2);10.9(3) on-the-job training under section 
         256J.49, subdivision 13, clause (2);10.10(4) an apprenticeship under section 
         256J.49, subdivision 13, clause (1);10.11(5) supported work under section 
         256J.49, subdivision 13, clause (2);10.12(6) a combination of clauses (1) to (5); or10.13(7) child care under section 
         256J.49, subdivision 13, clause (7), if it is in combination 10.14with paid employment.10.15(c) If a participant is complying with a child protection plan under chapter 260C, 10.16the number of hours required under the child protection plan count toward the number 10.17of hours required under this subdivision.10.18(d) The county shall provide the opportunity for subsidized employment to 10.19participants needing that type of employment within available appropriations.10.20(e) To be eligible for a hardship extension for employed participants under this 10.21subdivision, a participant must be in compliance for at least ten out of the 12 months 10.22the participant received MFIP immediately preceding the participant's 61st month on 10.23assistance. If ten or fewer months of eligibility for TANF assistance remain at the time the 10.24participant from another state applies for assistance, the participant must be in compliance 10.25every month.10.26(f) The employment plan developed under section 
         256J.521, subdivision 2, for 10.27participants under this subdivision must contain at least the minimum number of hours 10.28specified in paragraph (a) for the purpose of meeting the requirements for an extension 10.29under this subdivision. The job counselor and the participant must sign the employment 10.30plan to indicate agreement between the job counselor and the participant on the contents 10.31of the plan.10.32(g) Participants who fail to meet the requirements in paragraph (a), without good 10.33cause under section 
         256J.57, shall be sanctioned or permanently disqualified under 10.34subdivision 6. Good cause may only be granted for that portion of the month for which 10.35the good cause reason applies. Participants must meet all remaining requirements in the 10.36approved employment plan or be subject to sanction or permanent disqualification.11.1(h) If the noncompliance with an employment plan is due to the involuntary loss of 11.2employment, the participant is exempt from the hourly employment requirement under 11.3this subdivision for one month. Participants must meet all remaining requirements in the 11.4approved employment plan or be subject to sanction or permanent disqualification. This 11.5exemption is available to each participant two times in a 12-month period.11.6    Sec. 9. Minnesota Statutes 2012, section 518A.65, is amended to read:11.7518A.65 DRIVER'S LICENSE SUSPENSION.11.8(a) Upon motion of an obligee, which has been properly served on the obligor and 11.9upon which there has been an opportunity for hearing, if a court finds that the obligor has 11.10been or may be issued a driver's license by the commissioner of public safety and the 11.11obligor is in arrears in court-ordered child support or maintenance payments, or both, 11.12in an amount equal to or greater than three times the obligor's total monthly support 11.13and maintenance payments and is not in compliance with a written payment agreement 11.14pursuant to section 
         518A.69 that is approved by the court, a child support magistrate, or 11.15the public authority, the court shall order the commissioner of public safety to suspend the 11.16obligor's driver's license. The court's order must be stayed for 90 days in order to allow the 11.17obligor to execute a written payment agreement pursuant to section 
         518A.69. The payment 11.18agreement must be approved by either the court or the public authority responsible for 11.19child support enforcement. If the obligor has not executed or is not in compliance with 11.20a written payment agreement pursuant to section 
         518A.69 after the 90 days expires, the 11.21court's order becomes effective and the commissioner of public safety shall suspend 11.22the obligor's driver's license. The remedy under this section is in addition to any other 11.23enforcement remedy available to the court. An obligee may not bring a motion under this 11.24paragraph within 12 months of a denial of a previous motion under this paragraph.11.25(b) If a public authority responsible for child support enforcement determines that 11.26the obligor has been or may be issued a driver's license by the commissioner of public 11.27safety and the obligor is in arrears in court-ordered child support or maintenance payments 11.28or both in an amount equal to or greater than three times the obligor's total monthly support 11.29and maintenance payments and not in compliance with a written payment agreement 11.30pursuant to section 
         518A.69 that is approved by the court, a child support magistrate, or 11.31the public authority, the public authority shall direct the commissioner of public safety to 11.32suspend the obligor's driver's license. The remedy under this section is in addition to any 11.33other enforcement remedy available to the public authority.11.34(c) At least 90 days prior to notifying the commissioner of public safety according 11.35to paragraph (b), the public authority must mail a written notice to the obligor at the 12.1obligor's last known address, that it intends to seek suspension of the obligor's driver's 12.2license and that the obligor must request a hearing within 30 days in order to contest the 12.3suspension. If the obligor makes a written request for a hearing within 30 days of the date 12.4of the notice, a court hearing must be held. Notwithstanding any law to the contrary, the 12.5obligor must be served with 14 days' notice in writing specifying the time and place of the 12.6hearing and the allegations against the obligor. The notice must include information that 12.7apprises the obligor of the requirement to develop a written payment agreement that is 12.8approved by a court, a child support magistrate, or the public authority responsible for 12.9child support enforcement regarding child support, maintenance, and any arrearages in 12.10order to avoid license suspension. The notice may be served personally or by mail. If 12.11the public authority does not receive a request for a hearing within 30 days of the date 12.12of the notice, and the obligor does not execute a written payment agreement pursuant to 12.13section 
         518A.69 that is approved by the public authority within 90 days of the date of the 12.14notice, the public authority shall direct the commissioner of public safety to suspend the 12.15obligor's driver's license under paragraph (b).12.16(d) At a hearing requested by the obligor under paragraph (c), and on finding that 12.17the obligor is in arrears in court-ordered child support or maintenance payments or both 12.18in an amount equal to or greater than three times the obligor's total monthly support 12.19and maintenance payments, the district court or child support magistrate shall order the 12.20commissioner of public safety to suspend the obligor's driver's license or operating 12.21privileges unless the court or child support magistrate determines that the obligor has 12.22executed and is in compliance with a written payment agreement pursuant to section 12.23518A.69
          that is approved by the court, a child support magistrate, or the public authority.12.24(e) An obligor whose driver's license or operating privileges are suspended may:12.25(1) provide proof to the public authority responsible for child support enforcement 12.26that the obligor is in compliance with all written payment agreements pursuant to section 12.27518A.69
         ;12.28(2) bring a motion for reinstatement of the driver's license. At the hearing, if the 12.29court or child support magistrate orders reinstatement of the driver's license, the court or 12.30child support magistrate must establish a written payment agreement pursuant to section 12.31518A.69
         ; or12.32(3) seek a limited license under section 
         171.30. A limited license issued to an obligor 12.33under section 
         171.30 expires 90 days after the date it is issued.12.34Within 15 days of the receipt of that proof or a court order, the public authority shall 12.35inform the commissioner of public safety that the obligor's driver's license or operating 12.36privileges should no longer be suspended.13.1(f) On January 15, 1997, and every two years after that, the commissioner of human 13.2services shall submit a report to the legislature that identifies the following information 13.3relevant to the implementation of this section:13.4(1) the number of child support obligors notified of an intent to suspend a driver's 13.5license;13.6(2) the amount collected in payments from the child support obligors notified of an 13.7intent to suspend a driver's license;13.8(3) the number of cases paid in full and payment agreements executed in response 13.9to notification of an intent to suspend a driver's license;13.10(4) the number of cases in which there has been notification and no payments or 13.11payment agreements;13.12(5) the number of driver's licenses suspended;13.13(6) the cost of implementation and operation of the requirements of this section; and13.14(7) the number of limited licenses issued and number of cases in which payment 13.15agreements are executed and cases are paid in full following issuance of a limited license.13.16(g)(f) In addition to the criteria established under this section for the suspension of 13.17an obligor's driver's license, a court, a child support magistrate, or the public authority 13.18may direct the commissioner of public safety to suspend the license of a party who has 13.19failed, after receiving notice, to comply with a subpoena relating to a paternity or child 13.20support proceeding. Notice to an obligor of intent to suspend must be served by first class 13.21mail at the obligor's last known address. The notice must inform the obligor of the right to 13.22request a hearing. If the obligor makes a written request within ten days of the date of 13.23the hearing, a hearing must be held. At the hearing, the only issues to be considered are 13.24mistake of fact and whether the obligor received the subpoena.13.25(h) (g) The license of an obligor who fails to remain in compliance with an 13.26approved written payment agreement may be suspended. Prior to suspending a license for 13.27noncompliance with an approved written payment agreement, the public authority must 13.28mail to the obligor's last known address a written notice that (1) the public authority 13.29intends to seek suspension of the obligor's driver's license under this paragraph, and (2) 13.30the obligor must request a hearing, within 30 days of the date of the notice, to contest the 13.31suspension. If, within 30 days of the date of the notice, the public authority does not 13.32receive a written request for a hearing and the obligor does not comply with an approved 13.33written payment agreement, the public authority must direct the Department of Public 13.34Safety to suspend the obligor's license under paragraph (b). If the obligor makes a written 13.35request for a hearing within 30 days of the date of the notice, a court hearing must be held. 13.36Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice in 14.1writing specifying the time and place of the hearing and the allegations against the obligor. 14.2The notice may be served personally or by mail at the obligor's last known address. If 14.3the obligor appears at the hearing and the court determines that the obligor has failed to 14.4comply with an approved written payment agreement, the court or public authority shall 14.5notify the Department of Public Safety to suspend the obligor's license under paragraph 14.6(b). If the obligor fails to appear at the hearing, the court or public authority must notify 14.7the Department of Public Safety to suspend the obligor's license under paragraph (b).14.8    Sec. 10. Laws 2013, chapter 108, article 3, section 48, is amended to read:14.9    Sec. 48. REPEALER.14.10(a) Minnesota Statutes 2012, section 256J.24, subdivision 6, is repealed January 14.111, 2015.14.12(b) Minnesota Statutes 2012, section 609.093, is repealed effective the day following 14.13final enactment.14.14    Sec. 11. TRANSITION; PROVISIONS GOVERNING PERFORMANCE BASE 14.15FUNDS.14.16(a) Laws 2013, chapter 107, article 4, section 19, is repealed effective January 1, 2016.14.17(b) Laws 2013, chapter 108, article 3, section 31, is effective January 1, 2016.14.18    Sec. 12.  REPEALER.14.19(a) Minnesota Statutes 2012, sections 119A.04, subdivision 1; 119B.09, subdivision 14.202; 119B.23; 119B.231; 119B.232; 256.01, subdivisions 3, 14, and 14a; 256.9792; 14.21256D.02, subdivision 19; 256D.05, subdivision 4; 256D.46; 256I.05, subdivisions 1b 14.22and 5; 256I.07; 256K.35; 259.85, subdivisions 2, 3, 4, and 5; 518A.53, subdivision 7; 14.23518A.74; and 626.5593, are repealed.14.24(b) Minnesota Statutes 2012, section 256J.24, subdivision 10, is repealed effective 14.25October 1, 2014.14.26(c) Minnesota Statutes 2013 Supplement, section 259.85, subdivision 1, is repealed.14.27ARTICLE 214.28HEALTH CARE14.29    Section 1. Minnesota Statutes 2012, section 256.963, subdivision 2, is amended to read:14.30    Subd. 2. Evaluation.(a) The grantee must report to the commissioner on a quarterly 14.31basis the following information:14.32    (1) the total number of appointments available for scheduling by specialty;15.1    (2) the average length of time between scheduling and actual appointment;15.2    (3) the total number of patients referred and whether the patient was insured or 15.3uninsured; and15.4    (4) the total number of appointments resulting in visits completed and number of 15.5patients continuing services with the referring clinic.15.6    (b) The commissioner, in consultation with the Minnesota Hospital Association, 15.7shall conduct an evaluation of the emergency room diversion pilot project and submit the 15.8results to the legislature by January 15, 2009. The evaluation shall compare the number of 15.9nonemergency visits and repeat visits to hospital emergency rooms for the period before 15.10the commencement of the project and one year after the commencement, and an estimate 15.11of the costs saved from any documented reductions.15.12    Sec. 2. Minnesota Statutes 2012, section 256.969, subdivision 9, is amended to read:15.13    Subd. 9. Disproportionate numbers of low-income patients served.(a) For 15.14admissions occurring on or after October 1, 1992, through December 31, 1992, the 15.15medical assistance disproportionate population adjustment shall comply with federal law 15.16and shall be paid to a hospital, excluding regional treatment centers and facilities of the 15.17federal Indian Health Service, with a medical assistance inpatient utilization rate in excess 15.18of the arithmetic mean. The adjustment must be determined as follows:15.19    (1) for a hospital with a medical assistance inpatient utilization rate above the 15.20arithmetic mean for all hospitals excluding regional treatment centers and facilities of the 15.21federal Indian Health Service but less than or equal to one standard deviation above the 15.22mean, the adjustment must be determined by multiplying the total of the operating and 15.23property payment rates by the difference between the hospital's actual medical assistance 15.24inpatient utilization rate and the arithmetic mean for all hospitals excluding regional 15.25treatment centers and facilities of the federal Indian Health Service; and15.26    (2) for a hospital with a medical assistance inpatient utilization rate above one 15.27standard deviation above the mean, the adjustment must be determined by multiplying 15.28the adjustment that would be determined under clause (1) for that hospital by 1.1. If 15.29federal matching funds are not available for all adjustments under this subdivision, the 15.30commissioner shall reduce payments on a pro rata basis so that all adjustments qualify for 15.31federal match. The commissioner may establish a separate disproportionate population 15.32operating payment rate adjustment under the general assistance medical care program. 15.33For purposes of this subdivision medical assistance does not include general assistance 15.34medical care. The commissioner shall report annually on the number of hospitals likely to 15.35receive the adjustment authorized by this paragraph. The commissioner shall specifically 16.1report on the adjustments received by public hospitals and public hospital corporations 16.2located in cities of the first class.16.3    (b) (a) For admissions occurring on or after July 1, 1993, the medical assistance 16.4disproportionate population adjustment shall comply with federal law and shall be paid to 16.5a hospital, excluding regional treatment centers and facilities of the federal Indian Health 16.6Service, with a medical assistance inpatient utilization rate in excess of the arithmetic 16.7mean. The adjustment must be determined as follows:16.8    (1) for a hospital with a medical assistance inpatient utilization rate above the 16.9arithmetic mean for all hospitals excluding regional treatment centers and facilities of the 16.10federal Indian Health Service but less than or equal to one standard deviation above the 16.11mean, the adjustment must be determined by multiplying the total of the operating and 16.12property payment rates by the difference between the hospital's actual medical assistance 16.13inpatient utilization rate and the arithmetic mean for all hospitals excluding regional 16.14treatment centers and facilities of the federal Indian Health Service;16.15    (2) for a hospital with a medical assistance inpatient utilization rate above one 16.16standard deviation above the mean, the adjustment must be determined by multiplying 16.17the adjustment that would be determined under clause (1) for that hospital by 1.1. The 16.18commissioner may establish a separate disproportionate population operating payment 16.19rate adjustment under the general assistance medical care program. For purposes of this 16.20subdivision, medical assistance does not include general assistance medical care. The 16.21commissioner shall report annually on the number of hospitals likely to receive the 16.22adjustment authorized by this paragraph. The commissioner shall specifically report on 16.23the adjustments received by public hospitals and public hospital corporations located 16.24in cities of the first class;16.25    (3) for a hospital that had medical assistance fee-for-service payment volume during 16.26calendar year 1991 in excess of 13 percent of total medical assistance fee-for-service 16.27payment volume, a medical assistance disproportionate population adjustment shall be 16.28paid in addition to any other disproportionate payment due under this subdivision as 16.29follows: $1,515,000 due on the 15th of each month after noon, beginning July 15, 1995. 16.30For a hospital that had medical assistance fee-for-service payment volume during calendar 16.31year 1991 in excess of eight percent of total medical assistance fee-for-service payment 16.32volume and was the primary hospital affiliated with the University of Minnesota, a 16.33medical assistance disproportionate population adjustment shall be paid in addition to any 16.34other disproportionate payment due under this subdivision as follows: $505,000 due on 16.35the 15th of each month after noon, beginning July 15, 1995; and17.1    (4) effective August 1, 2005, the payments in paragraph (b), clause (3), shall be 17.2reduced to zero.17.3    (c) (b) The commissioner shall adjust rates paid to a health maintenance organization 17.4under contract with the commissioner to reflect rate increases provided in paragraph (b)17.5 (a), clauses (1) and (2), on a nondiscounted hospital-specific basis but shall not adjust 17.6those rates to reflect payments provided in paragraph (a), clause (3).17.7    (d) (c) If federal matching funds are not available for all adjustments under paragraph 17.8(b) (a), the commissioner shall reduce payments under paragraph (b) (a), clauses (1) and (2), 17.9on a pro rata basis so that all adjustments under paragraph (b) (a) qualify for federal match.17.10    (e) (d) For purposes of this subdivision, medical assistance does not include general 17.11assistance medical care.17.12    (f) (e) For hospital services occurring on or after July 1, 2005, to June 30, 2007:17.13    (1) general assistance medical care expenditures for fee-for-service inpatient and 17.14outpatient hospital payments made by the department shall be considered Medicaid 17.15disproportionate share hospital payments, except as limited below:17.16     (i) only the portion of Minnesota's disproportionate share hospital allotment under 17.17section 1923(f) of the Social Security Act that is not spent on the disproportionate 17.18population adjustments in paragraph (b) (a), clauses (1) and (2), may be used for general 17.19assistance medical care expenditures;17.20     (ii) only those general assistance medical care expenditures made to hospitals that 17.21qualify for disproportionate share payments under section 1923 of the Social Security Act 17.22and the Medicaid state plan may be considered disproportionate share hospital payments;17.23     (iii) only those general assistance medical care expenditures made to an individual 17.24hospital that would not cause the hospital to exceed its individual hospital limits under 17.25section 1923 of the Social Security Act may be considered; and17.26     (iv) general assistance medical care expenditures may be considered only to the 17.27extent of Minnesota's aggregate allotment under section 1923 of the Social Security Act.17.28All hospitals and prepaid health plans participating in general assistance medical care 17.29must provide any necessary expenditure, cost, and revenue information required by the 17.30commissioner as necessary for purposes of obtaining federal Medicaid matching funds for 17.31general assistance medical care expenditures; and17.32    (2) certified public expenditures made by Hennepin County Medical Center shall 17.33be considered Medicaid disproportionate share hospital payments. Hennepin County 17.34and Hennepin County Medical Center shall report by June 15, 2007, on payments made 17.35beginning July 1, 2005, or another date specified by the commissioner, that may qualify 18.1for reimbursement under federal law. Based on these reports, the commissioner shall 18.2apply for federal matching funds.18.3    (g) (f) Upon federal approval of the related state plan amendment, paragraph (f) (e)18.4 is effective retroactively from July 1, 2005, or the earliest effective date approved by the 18.5Centers for Medicare and Medicaid Services.18.6    Sec. 3. Minnesota Statutes 2012, section 256B.69, subdivision 2, is amended to read:18.7    Subd. 2. Definitions. For the purposes of this section, the following terms have 18.8the meanings given.18.9(a) "Commissioner" means the commissioner of human services. For the 18.10remainder of this section, the commissioner's responsibilities for methods and policies 18.11for implementing the project will be proposed by the project advisory committees and 18.12approved by the commissioner.18.13(b) "Demonstration provider" means a health maintenance organization, community 18.14integrated service network, or accountable provider network authorized and operating 18.15under chapter 62D, 62N, or 62T that participates in the demonstration project according 18.16to criteria, standards, methods, and other requirements established for the project and 18.17approved by the commissioner. For purposes of this section, a county board, or group of 18.18county boards operating under a joint powers agreement, is considered a demonstration 18.19provider if the county or group of county boards meets the requirements of section 18.20256B.692
         . Notwithstanding the above, Itasca County may continue to participate as a 18.21demonstration provider until July 1, 2004.18.22(c) "Eligible individuals" means those persons eligible for medical assistance 18.23benefits as defined in sections 
         256B.055, 
         256B.056, and 
         256B.06.18.24(d) "Limitation of choice" means suspending freedom of choice while allowing 18.25eligible individuals to choose among the demonstration providers.18.26    Sec. 4. Minnesota Statutes 2012, section 256B.69, subdivision 4b, is amended to read:18.27    Subd. 4b. Individualized education program and individualized family service 18.28plan services. The commissioner shall amend the federal waiver allowing the state 18.29to separate out individualized education program and individualized family service 18.30plan services for children enrolled in the prepaid medical assistance program and the 18.31MinnesotaCare program. Effective July 1, 1999, or upon federal approval, Medical 18.32assistance coverage of eligible individualized education program and individualized family 18.33service plan services shall not be included in the capitated services for children enrolled 18.34in health plans through the prepaid medical assistance program and the MinnesotaCare 19.1program. Upon federal approval, Local school districts shall bill the commissioner for 19.2these services, and claims shall be paid on a fee-for-service basis.19.3    Sec. 5. Minnesota Statutes 2012, section 256B.69, subdivision 5, is amended to read:19.4    Subd. 5. Prospective per capita payment. The commissioner shall establish the 19.5method and amount of payments for services. The commissioner shall annually contract 19.6with demonstration providers to provide services consistent with these established 19.7methods and amounts for payment.19.8If allowed by the commissioner, a demonstration provider may contract with an 19.9insurer, health care provider, nonprofit health service plan corporation, or the commissioner, 19.10to provide insurance or similar protection against the cost of care provided by the 19.11demonstration provider or to provide coverage against the risks incurred by demonstration 19.12providers under this section. The recipients enrolled with a demonstration provider are 19.13a permissible group under group insurance laws and chapter 62C, the Nonprofit Health 19.14Service Plan Corporations Act. Under this type of contract, the insurer or corporation may 19.15make benefit payments to a demonstration provider for services rendered or to be rendered 19.16to a recipient. Any insurer or nonprofit health service plan corporation licensed to do 19.17business in this state is authorized to provide this insurance or similar protection.19.18Payments to providers participating in the project are exempt from the requirements 19.19of sections 
         256.966 and 
         256B.03, subdivision 2. The commissioner shall complete 19.20development of capitation rates for payments before delivery of services under this 19.21section is begun. For payments made during calendar year 1990 and later years, The 19.22commissioner shall contract with an independent actuary to establish prepayment rates.19.23By January 15, 1996, the commissioner shall report to the legislature on the 19.24methodology used to allocate to participating counties available administrative 19.25reimbursement for advocacy and enrollment costs. The report shall reflect the 19.26commissioner's judgment as to the adequacy of the funds made available and of the 19.27methodology for equitable distribution of the funds. The commissioner must involve 19.28participating counties in the development of the report.19.29Beginning July 1, 2004, the commissioner may include payments for elderly waiver 19.30services and 180 days of nursing home care in capitation payments for the prepaid medical 19.31assistance program for recipients age 65 and older.19.32    Sec. 6. Minnesota Statutes 2012, section 256B.69, subdivision 5a, is amended to read:19.33    Subd. 5a. Managed care contracts. (a) Managed care contracts under this section 19.34and section 
         256L.12 shall be entered into or renewed on a calendar year basis beginning 20.1January 1, 1996. Managed care contracts which were in effect on June 30, 1995, and set to 20.2renew on July 1, 1995, shall be renewed for the period July 1, 1995 through December 20.331, 1995 at the same terms that were in effect on June 30, 1995. The commissioner may 20.4issue separate contracts with requirements specific to services to medical assistance 20.5recipients age 65 and older.20.6    (b) A prepaid health plan providing covered health services for eligible persons 20.7pursuant to chapters 256B and 256L is responsible for complying with the terms of its 20.8contract with the commissioner. Requirements applicable to managed care programs 20.9under chapters 256B and 256L established after the effective date of a contract with the 20.10commissioner take effect when the contract is next issued or renewed.20.11    (c) Effective for services rendered on or after January 1, 2003, The commissioner 20.12shall withhold five percent of managed care plan payments under this section and 20.13county-based purchasing plan payments under section 
         256B.692 for the prepaid medical 20.14assistance program pending completion of performance targets. Each performance target 20.15must be quantifiable, objective, measurable, and reasonably attainable, except in the case 20.16of a performance target based on a federal or state law or rule. Criteria for assessment 20.17of each performance target must be outlined in writing prior to the contract effective 20.18date. Clinical or utilization performance targets and their related criteria must consider 20.19evidence-based research and reasonable interventions when available or applicable to the 20.20populations served, and must be developed with input from external clinical experts 20.21and stakeholders, including managed care plans, county-based purchasing plans, and 20.22providers. The managed care or county-based purchasing plan must demonstrate, 20.23to the commissioner's satisfaction, that the data submitted regarding attainment of 20.24the performance target is accurate. The commissioner shall periodically change the 20.25administrative measures used as performance targets in order to improve plan performance 20.26across a broader range of administrative services. The performance targets must include 20.27measurement of plan efforts to contain spending on health care services and administrative 20.28activities. The commissioner may adopt plan-specific performance targets that take into 20.29account factors affecting only one plan, including characteristics of the plan's enrollee 20.30population. The withheld funds must be returned no sooner than July of the following 20.31year if performance targets in the contract are achieved. The commissioner may exclude 20.32special demonstration projects under subdivision 23.20.33    (d) Effective for services rendered on or after January 1, 2009, through December 20.3431, 2009, the commissioner shall withhold three percent of managed care plan payments 20.35under this section and county-based purchasing plan payments under section 256B.692 20.36for the prepaid medical assistance program. The withheld funds must be returned no 21.1sooner than July 1 and no later than July 31 of the following year. The commissioner may 21.2exclude special demonstration projects under subdivision 23.21.3(e) Effective for services provided on or after January 1, 2010, (d) The commissioner 21.4shall require that managed care plans use the assessment and authorization processes, 21.5forms, timelines, standards, documentation, and data reporting requirements, protocols, 21.6billing processes, and policies consistent with medical assistance fee-for-service or the 21.7Department of Human Services contract requirements consistent with medical assistance 21.8fee-for-service or the Department of Human Services contract requirements for all 21.9personal care assistance services under section 
         256B.0659.21.10(f) Effective for services rendered on or after January 1, 2010, through December 21.1131, 2010, the commissioner shall withhold 4.5 percent of managed care plan payments 21.12under this section and county-based purchasing plan payments under section 256B.692 21.13for the prepaid medical assistance program. The withheld funds must be returned no 21.14sooner than July 1 and no later than July 31 of the following year. The commissioner may 21.15exclude special demonstration projects under subdivision 23.21.16(g) Effective for services rendered on or after January 1, 2011, through December 21.1731, 2011, the commissioner shall include as part of the performance targets described in 21.18paragraph (c) a reduction in the health plan's emergency room utilization rate for state 21.19health care program enrollees by a measurable rate of five percent from the plan's utilization 21.20rate for state health care program enrollees for the previous calendar year. (e) Effective for 21.21services rendered on or after January 1, 2012, the commissioner shall include as part of the 21.22performance targets described in paragraph (c) a reduction in the health plan's emergency 21.23department utilization rate for medical assistance and MinnesotaCare enrollees, as 21.24determined by the commissioner. For 2012, the reduction shall be based on the health plan's 21.25utilization in 2009. To earn the return of the withhold each subsequent year, the managed 21.26care plan or county-based purchasing plan must achieve a qualifying reduction of no less 21.27than ten percent of the plan's emergency department utilization rate for medical assistance 21.28and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 21.2923 and 28, compared to the previous measurement year until the final performance target 21.30is reached. When measuring performance, the commissioner must consider the difference 21.31in health risk in a managed care or county-based purchasing plan's membership in the 21.32baseline year compared to the measurement year, and work with the managed care or 21.33county-based purchasing plan to account for differences that they agree are significant.21.34The withheld funds must be returned no sooner than July 1 and no later than July 31 21.35of the following calendar year if the managed care plan or county-based purchasing plan 21.36demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate 22.1was achieved. The commissioner shall structure the withhold so that the commissioner 22.2returns a portion of the withheld funds in amounts commensurate with achieved reductions 22.3in utilization less than the targeted amount.22.4The withhold described in this paragraph shall continue for each consecutive contract 22.5period until the plan's emergency room utilization rate for state health care program 22.6enrollees is reduced by 25 percent of the plan's emergency room utilization rate for medical 22.7assistance and MinnesotaCare enrollees for calendar year 2009. Hospitals shall cooperate 22.8with the health plans in meeting this performance target and shall accept payment 22.9withholds that may be returned to the hospitals if the performance target is achieved.22.10(h) (f) Effective for services rendered on or after January 1, 2012, the commissioner 22.11shall include as part of the performance targets described in paragraph (c) a reduction 22.12in the plan's hospitalization admission rate for medical assistance and MinnesotaCare 22.13enrollees, as determined by the commissioner. To earn the return of the withhold each 22.14year, the managed care plan or county-based purchasing plan must achieve a qualifying 22.15reduction of no less than five percent of the plan's hospital admission rate for medical 22.16assistance and MinnesotaCare enrollees, excluding enrollees in programs described in 22.17subdivisions 23 and 28, compared to the previous calendar year until the final performance 22.18target is reached. When measuring performance, the commissioner must consider the 22.19difference in health risk in a managed care or county-based purchasing plan's membership 22.20in the baseline year compared to the measurement year, and work with the managed care 22.21or county-based purchasing plan to account for differences that they agree are significant.22.22The withheld funds must be returned no sooner than July 1 and no later than July 22.2331 of the following calendar year if the managed care plan or county-based purchasing 22.24plan demonstrates to the satisfaction of the commissioner that this reduction in the 22.25hospitalization rate was achieved. The commissioner shall structure the withhold so that 22.26the commissioner returns a portion of the withheld funds in amounts commensurate with 22.27achieved reductions in utilization less than the targeted amount.22.28The withhold described in this paragraph shall continue until there is a 25 percent 22.29reduction in the hospital admission rate compared to the hospital admission rates in 22.30calendar year 2011, as determined by the commissioner. The hospital admissions in this 22.31performance target do not include the admissions applicable to the subsequent hospital 22.32admission performance target under paragraph (i) (g). Hospitals shall cooperate with the 22.33plans in meeting this performance target and shall accept payment withholds that may be 22.34returned to the hospitals if the performance target is achieved.22.35(i) (g) Effective for services rendered on or after January 1, 2012, the commissioner 22.36shall include as part of the performance targets described in paragraph (c) a reduction in 23.1the plan's hospitalization admission rates for subsequent hospitalizations within 30 days of 23.2a previous hospitalization of a patient regardless of the reason, for medical assistance and 23.3MinnesotaCare enrollees, as determined by the commissioner. To earn the return of the 23.4withhold each year, the managed care plan or county-based purchasing plan must achieve 23.5a qualifying reduction of the subsequent hospitalization rate for medical assistance and 23.6MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 23.7and 28, of no less than five percent compared to the previous calendar year until the 23.8final performance target is reached.23.9The withheld funds must be returned no sooner than July 1 and no later than July 23.1031 of the following calendar year if the managed care plan or county-based purchasing 23.11plan demonstrates to the satisfaction of the commissioner that a qualifying reduction in 23.12the subsequent hospitalization rate was achieved. The commissioner shall structure the 23.13withhold so that the commissioner returns a portion of the withheld funds in amounts 23.14commensurate with achieved reductions in utilization less than the targeted amount.23.15The withhold described in this paragraph must continue for each consecutive 23.16contract period until the plan's subsequent hospitalization rate for medical assistance and 23.17MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 23.18and 28, is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar 23.19year 2011. Hospitals shall cooperate with the plans in meeting this performance target and 23.20shall accept payment withholds that must be returned to the hospitals if the performance 23.21target is achieved.23.22(j) Effective for services rendered on or after January 1, 2011, through December 31, 23.232011, the commissioner shall withhold 4.5 percent of managed care plan payments under 23.24this section and county-based purchasing plan payments under section 256B.692 for the 23.25prepaid medical assistance program. The withheld funds must be returned no sooner than 23.26July 1 and no later than July 31 of the following year. The commissioner may exclude 23.27special demonstration projects under subdivision 23.23.28(k) Effective for services rendered on or after January 1, 2012, through December 23.2931, 2012, the commissioner shall withhold 4.5 percent of managed care plan payments 23.30under this section and county-based purchasing plan payments under section 256B.692 23.31for the prepaid medical assistance program. The withheld funds must be returned no 23.32sooner than July 1 and no later than July 31 of the following year. The commissioner may 23.33exclude special demonstration projects under subdivision 23.23.34(l) (h) Effective for services rendered on or after January 1, 2013, through December 23.3531, 2013, the commissioner shall withhold 4.5 percent of managed care plan payments 23.36under this section and county-based purchasing plan payments under section 
         256B.692 24.1for the prepaid medical assistance program. The withheld funds must be returned no 24.2sooner than July 1 and no later than July 31 of the following year. The commissioner may 24.3exclude special demonstration projects under subdivision 23.24.4(m) (i) Effective for services rendered on or after January 1, 2014, the commissioner 24.5shall withhold three percent of managed care plan payments under this section and 24.6county-based purchasing plan payments under section 
         256B.692 for the prepaid medical 24.7assistance program. The withheld funds must be returned no sooner than July 1 and 24.8no later than July 31 of the following year. The commissioner may exclude special 24.9demonstration projects under subdivision 23.24.10(n) (j) A managed care plan or a county-based purchasing plan under section 24.11256B.692 
         may include as admitted assets under section 
         62D.044 any amount withheld 24.12under this section that is reasonably expected to be returned.24.13(o) (k) Contracts between the commissioner and a prepaid health plan are exempt 24.14from the set-aside and preference provisions of section 
         16C.16, subdivisions 6, paragraph 24.15(a), and 7.24.16(p) (l) The return of the withhold under paragraphs (d), (f), and (j) to (m) (h) and (i)24.17 is not subject to the requirements of paragraph (c).24.18    Sec. 7. Minnesota Statutes 2012, section 256B.69, subdivision 5b, is amended to read:24.19    Subd. 5b. Prospective reimbursement rates. (a) For prepaid medical assistance 24.20program contract rates set by the commissioner under subdivision 5 and effective on or 24.21after January 1, 2003, capitation rates for nonmetropolitan counties shall on a weighted 24.22average be no less than 87 percent of the capitation rates for metropolitan counties, 24.23excluding Hennepin County. The commissioner shall make a pro rata adjustment in 24.24capitation rates paid to counties other than nonmetropolitan counties in order to make 24.25this provision budget neutral. The commissioner, in consultation with a health care 24.26actuary, shall evaluate the regional rate relationships based on actual health plan costs 24.27for Minnesota health care programs. The commissioner may establish, based on the 24.28actuary's recommendation, new rate regions that recognize metropolitan areas outside of 24.29the seven-county metropolitan area.24.30(b) This subdivision shall not affect the nongeographically based risk adjusted rates 24.31established under section 
         62Q.03, subdivision 5a.24.32    Sec. 8. Minnesota Statutes 2013 Supplement, section 256B.69, subdivision 5c, is 24.33amended to read:25.1    Subd. 5c. Medical education and research fund. (a) The commissioner of human 25.2services shall transfer each year to the medical education and research fund established 25.3under section 
         62J.692, an amount specified in this subdivision. The commissioner shall 25.4calculate the following:25.5(1) an amount equal to the reduction in the prepaid medical assistance payments as 25.6specified in this clause. Until January 1, 2002, the county medical assistance capitation 25.7base rate prior to plan specific adjustments and after the regional rate adjustments under 25.8subdivision 5b is reduced 6.3 percent for Hennepin County, two percent for the remaining 25.9metropolitan counties, and no reduction for nonmetropolitan Minnesota counties; and25.10 After January 1, 2002, the county medical assistance capitation base rate prior to plan 25.11specific adjustments is reduced 6.3 percent for Hennepin County, two percent for the 25.12remaining metropolitan counties, and 1.6 percent for nonmetropolitan Minnesota counties. 25.13Nursing facility and elderly waiver payments and demonstration project payments 25.14operating under subdivision 23 are excluded from this reduction. The amount calculated 25.15under this clause shall not be adjusted for periods already paid due to subsequent changes 25.16to the capitation payments;25.17(2) beginning July 1, 2003, $4,314,000 from the capitation rates paid under this 25.18section;25.19(3) beginning July 1, 2002, an additional $12,700,000 from the capitation rates 25.20paid under this section; and25.21(4) beginning July 1, 2003, an additional $4,700,000 from the capitation rates paid 25.22under this section.25.23(b) This subdivision shall be effective upon approval of a federal waiver which 25.24allows federal financial participation in the medical education and research fund. The 25.25amount specified under paragraph (a), clauses (1) to (4), shall not exceed the total amount 25.26transferred for fiscal year 2009. Any excess shall first reduce the amounts specified under 25.27paragraph (a), clauses (2) to (4). Any excess following this reduction shall proportionally 25.28reduce the amount specified under paragraph (a), clause (1).25.29(c) Beginning September 1, 2011, of the amount in paragraph (a), the commissioner 25.30shall transfer $21,714,000 each fiscal year to the medical education and research fund.25.31(d) Beginning September 1, 2011, of the amount in paragraph (a), following the 25.32transfer under paragraph (c), the commissioner shall transfer to the medical education 25.33research fund $23,936,000 in fiscal years 2012 and 2013 and $49,552,000 in fiscal year 25.342014 and thereafter.25.35    Sec. 9. Minnesota Statutes 2012, section 256B.69, subdivision 6b, is amended to read:26.1    Subd. 6b. Home and community-based waiver services. (a) For individuals 26.2enrolled in the Minnesota senior health options project authorized under subdivision 23, 26.3elderly waiver services shall be covered according to the terms and conditions of the 26.4federal agreement governing that demonstration project.26.5(b) For individuals under age 65 enrolled in demonstrations authorized under 26.6subdivision 23, home and community-based waiver services shall be covered according to 26.7the terms and conditions of the federal agreement governing that demonstration project.26.8(c) The commissioner of human services shall issue requests for proposals for 26.9collaborative service models between counties and managed care organizations to 26.10integrate the home and community-based elderly waiver services and additional nursing 26.11home services into the prepaid medical assistance program.26.12(d) Notwithstanding Minnesota Rules, part 9500.1457, subpart 1, item C, elderly 26.13waiver services shall be covered statewide no sooner than July 1, 2006, under the prepaid 26.14medical assistance program for all individuals who are eligible according to section 26.15256B.0915
         . The commissioner may develop a schedule to phase in implementation of 26.16these waiver services, including collaborative service models under paragraph (c). The 26.17commissioner shall phase in implementation beginning with those counties participating 26.18under section 
         256B.692, and those counties where a viable collaborative service model 26.19has been developed. In consultation with counties and all managed care organizations 26.20that have expressed an interest in participating in collaborative service models, the 26.21commissioner shall evaluate the models. The commissioner shall consider the evaluation 26.22in selecting the most appropriate models for statewide implementation.26.23    Sec. 10. Minnesota Statutes 2012, section 256B.69, subdivision 6d, is amended to read:26.24    Subd. 6d. Prescription drugs.Effective January 1, 2004, The commissioner 26.25may exclude or modify coverage for prescription drugs from the prepaid managed care 26.26contracts entered into under this section in order to increase savings to the state by 26.27collecting additional prescription drug rebates. The contracts must maintain incentives 26.28for the managed care plan to manage drug costs and utilization and may require that the 26.29managed care plans maintain an open drug formulary. In order to manage drug costs and 26.30utilization, the contracts may authorize the managed care plans to use preferred drug lists 26.31and prior authorization. This subdivision is contingent on federal approval of the managed 26.32care contract changes and the collection of additional prescription drug rebates.26.33    Sec. 11. Minnesota Statutes 2012, section 256B.69, subdivision 17, is amended to read:27.1    Subd. 17. Continuation of prepaid medical assistance. The commissioner may 27.2continue the provisions of this section after June 30, 1990, in any or all of the participating 27.3counties if necessary federal authority is granted. The commissioner may adopt permanent 27.4rules to continue prepaid medical assistance in these areas.27.5    Sec. 12. Minnesota Statutes 2012, section 256B.69, subdivision 26, is amended to read:27.6    Subd. 26. American Indian recipients. (a) Beginning on or after January 1, 1999,27.7 For American Indian recipients of medical assistance who are required to enroll with a 27.8demonstration provider under subdivision 4 or in a county-based purchasing entity, if 27.9applicable, under section 
         256B.692, medical assistance shall cover health care services 27.10provided at Indian health services facilities and facilities operated by a tribe or tribal 27.11organization under funding authorized by United States Code, title 25, sections 450f to 27.12450n, or title III of the Indian Self-Determination and Education Assistance Act, Public 27.13Law 93-638, if those services would otherwise be covered under section 
         256B.0625. 27.14Payments for services provided under this subdivision shall be made on a fee-for-service 27.15basis, and may, at the option of the tribe or tribal organization, be made according to 27.16rates authorized under sections 
         256.969, subdivision 16, and 
         256B.0625, subdivision 34. 27.17Implementation of this purchasing model is contingent on federal approval.27.18(b) The commissioner of human services, in consultation with the tribal 27.19governments, shall develop a plan for tribes to assist in the enrollment process for 27.20American Indian recipients enrolled in the prepaid medical assistance program under 27.21this section. This plan also shall address how tribes will be included in ensuring the 27.22coordination of care for American Indian recipients between Indian health service or 27.23tribal providers and other providers.27.24(c) For purposes of this subdivision, "American Indian" has the meaning given 27.25to persons to whom services will be provided for in Code of Federal Regulations, title 27.2642, section 
         36.12.27.27    Sec. 13. Minnesota Statutes 2013 Supplement, section 256B.69, subdivision 28, 27.28is amended to read:27.29    Subd. 28. Medicare special needs plans; medical assistance basic health 27.30care. (a) The commissioner may contract with demonstration providers and current or 27.31former sponsors of qualified Medicare-approved special needs plans, to provide medical 27.32assistance basic health care services to persons with disabilities, including those with 27.33developmental disabilities. Basic health care services include:28.1    (1) those services covered by the medical assistance state plan except for ICF/DD 28.2services, home and community-based waiver services, case management for persons with 28.3developmental disabilities under section 
         256B.0625, subdivision 20a, and personal care 28.4and certain home care services defined by the commissioner in consultation with the 28.5stakeholder group established under paragraph (d); and28.6    (2) basic health care services may also include risk for up to 100 days of nursing 28.7facility services for persons who reside in a noninstitutional setting and home health 28.8services related to rehabilitation as defined by the commissioner after consultation with 28.9the stakeholder group.28.10    The commissioner may exclude other medical assistance services from the basic 28.11health care benefit set. Enrollees in these plans can access any excluded services on the 28.12same basis as other medical assistance recipients who have not enrolled.28.13    (b) Beginning January 1, 2007, The commissioner may contract with demonstration 28.14providers and current and former sponsors of qualified Medicare special needs plans, to 28.15provide basic health care services under medical assistance to persons who are dually 28.16eligible for both Medicare and Medicaid and those Social Security beneficiaries eligible 28.17for Medicaid but in the waiting period for Medicare. The commissioner shall consult with 28.18the stakeholder group under paragraph (d) in developing program specifications for these 28.19services. The commissioner shall report to the chairs of the house of representatives and 28.20senate committees with jurisdiction over health and human services policy and finance by 28.21February 1, 2007, on implementation of these programs and the need for increased funding 28.22for the ombudsman for managed care and other consumer assistance and protections 28.23needed due to enrollment in managed care of persons with disabilities. Payment for 28.24Medicaid services provided under this subdivision for the months of May and June will 28.25be made no earlier than July 1 of the same calendar year.28.26    (c) Notwithstanding subdivision 4, beginning January 1, 2012, the commissioner 28.27shall enroll persons with disabilities in managed care under this section, unless the 28.28individual chooses to opt out of enrollment. The commissioner shall establish enrollment 28.29and opt out procedures consistent with applicable enrollment procedures under this section.28.30    (d) The commissioner shall establish a state-level stakeholder group to provide 28.31advice on managed care programs for persons with disabilities, including both MnDHO 28.32and contracts with special needs plans that provide basic health care services as described 28.33in paragraphs (a) and (b). The stakeholder group shall provide advice on program 28.34expansions under this subdivision and subdivision 23, including:28.35    (1) implementation efforts;28.36    (2) consumer protections; and29.1    (3) program specifications such as quality assurance measures, data collection and 29.2reporting, and evaluation of costs, quality, and results.29.3    (e) Each plan under contract to provide medical assistance basic health care services 29.4shall establish a local or regional stakeholder group, including representatives of the 29.5counties covered by the plan, members, consumer advocates, and providers, for advice on 29.6issues that arise in the local or regional area.29.7    (f) The commissioner is prohibited from providing the names of potential enrollees 29.8to health plans for marketing purposes. The commissioner shall mail no more than 29.9two sets of marketing materials per contract year to potential enrollees on behalf of 29.10health plans, at the health plan's request. The marketing materials shall be mailed by the 29.11commissioner within 30 days of receipt of these materials from the health plan. The health 29.12plans shall cover any costs incurred by the commissioner for mailing marketing materials.29.13    Sec. 14. Minnesota Statutes 2012, section 256B.69, subdivision 29, is amended to read:29.14    Subd. 29. Prepaid health plan rates. In negotiating the prepaid health plan 29.15contract rates for services rendered on or after January 1, 2011, the commissioner of 29.16human services shall take into consideration, and the rates shall reflect, the anticipated 29.17savings in the medical assistance program due to extending medical assistance coverage to 29.18services provided in licensed birth centers, the anticipated use of these services within 29.19the medical assistance population, and the reduced medical assistance costs associated 29.20with the use of birth centers for normal, low-risk deliveries.29.21    Sec. 15. Minnesota Statutes 2012, section 256B.69, subdivision 30, is amended to read:29.22    Subd. 30. Provision of required materials in alternative formats. (a) For the 29.23purposes of this subdivision, "alternative format" means a medium other than paper and 29.24"prepaid health plan" means managed care plans and county-based purchasing plans.29.25(b) A prepaid health plan may provide in an alternative format a provider directory 29.26and certificate of coverage, or materials otherwise required to be available in writing 29.27under Code of Federal Regulations, title 42, section 
         438.10, or under the commissioner's 29.28contract with the prepaid health plan, if the following conditions are met:29.29(1) the prepaid health plan, local agency, or commissioner, as applicable, informs the 29.30enrollee that:29.31(i) an alternative format is available and the enrollee affirmatively requests of 29.32the prepaid health plan that the provider directory, certificate of coverage, or materials 29.33otherwise required under Code of Federal Regulations, title 42, section 
         438.10, or under 30.1the commissioner's contract with the prepaid health plan be provided in an alternative 30.2format; and30.3(ii) a record of the enrollee request is retained by the prepaid health plan in the 30.4form of written direction from the enrollee or a documented telephone call followed by a 30.5confirmation letter to the enrollee from the prepaid health plan that explains that the 30.6enrollee may change the request at any time;30.7(2) the materials are sent to a secure electronic mailbox and are made available at a 30.8password-protected secure electronic Web site or on a data storage device if the materials 30.9contain enrollee data that is individually identifiable;30.10(3) the enrollee is provided a customer service number on the enrollee's membership 30.11card that may be called to request a paper version of the materials provided in an 30.12alternative format; and30.13(4) the materials provided in an alternative format meets all other requirements of 30.14the commissioner regarding content, size of the typeface, and any required time frames 30.15for distribution. "Required time frames for distribution" must permit sufficient time for 30.16prepaid health plans to distribute materials in alternative formats upon receipt of enrollees' 30.17requests for the materials.30.18(c) A prepaid health plan may provide in an alternative format its primary care 30.19network list to the commissioner and to local agencies within its service area. The 30.20commissioner or local agency, as applicable, shall inform a potential enrollee of the 30.21availability of a prepaid health plan's primary care network list in an alternative format. If 30.22the potential enrollee requests an alternative format of the prepaid health plan's primary 30.23care network list, a record of that request shall be retained by the commissioner or local 30.24agency. The potential enrollee is permitted to withdraw the request at any time.30.25The prepaid health plan shall submit sufficient paper versions of the primary 30.26care network list to the commissioner and to local agencies within its service area to 30.27accommodate potential enrollee requests for paper versions of the primary care network list.30.28(d) A prepaid health plan may provide in an alternative format materials otherwise 30.29required to be available in writing under Code of Federal Regulations, title 42, section 30.30438.10
         , or under the commissioner's contract with the prepaid health plan, if the conditions 30.31of paragraphs (b), and (c), and (e), are met for persons who are eligible for enrollment in 30.32managed care.30.33(e) The commissioner shall seek any federal Medicaid waivers within 90 days after 30.34the effective date of this subdivision that are necessary to provide alternative formats of 30.35required material to enrollees of prepaid health plans as authorized under this subdivision.31.1(f) (e) The commissioner shall consult with managed care plans, county-based 31.2purchasing plans, counties, and other interested parties to determine how materials required 31.3to be made available to enrollees under Code of Federal Regulations, title 42, section 31.4438.10
         , or under the commissioner's contract with a prepaid health plan may be provided 31.5in an alternative format on the basis that the enrollee has not opted in to receive the 31.6alternative format. The commissioner shall consult with managed care plans, county-based 31.7purchasing plans, counties, and other interested parties to develop recommendations 31.8relating to the conditions that must be met for an opt-out process to be granted.31.9    Sec. 16. Minnesota Statutes 2012, section 256B.692, subdivision 2, is amended to read:31.10    Subd. 2. Duties of commissioner of health. (a) Notwithstanding chapters 62D and 31.1162N, a county that elects to purchase medical assistance in return for a fixed sum without 31.12regard to the frequency or extent of services furnished to any particular enrollee is not 31.13required to obtain a certificate of authority under chapter 62D or 62N. The county board 31.14of commissioners is the governing body of a county-based purchasing program. In a 31.15multicounty arrangement, the governing body is a joint powers board established under 31.16section 
         471.59.31.17    (b) A county that elects to purchase medical assistance services under this section 31.18must satisfy the commissioner of health that the requirements for assurance of consumer 31.19protection, provider protection, and, effective January 1, 2010, fiscal solvency of chapter 31.2062D, applicable to health maintenance organizations will be met according to the 31.21following schedule:31.22    (1) for a county-based purchasing plan approved on or before June 30, 2008, the 31.23plan must have in reserve:31.24    (i) at least 50 percent of the minimum amount required under chapter 62D as 31.25of January 1, 2010;31.26    (ii) at least 75 percent of the minimum amount required under chapter 62D as of 31.27January 1, 2011;31.28    (iii) at least 87.5 percent of the minimum amount required under chapter 62D as 31.29of January 1, 2012; and31.30    (iv) at least 100 percent of the minimum amount required under chapter 62D as 31.31of January 1, 2013; and31.32    (2) for a county-based purchasing plan first approved after June 30, 2008, the plan 31.33must have in reserve:31.34    (i) at least 50 percent of the minimum amount required under chapter 62D at the 31.35time the plan begins enrolling enrollees;32.1    (ii) at least 75 percent of the minimum amount required under chapter 62D after 32.2the first full calendar year;32.3    (iii) at least 87.5 percent of the minimum amount required under chapter 62D after 32.4the second full calendar year; and32.5    (iv) at least 100 percent of the minimum amount required under chapter 62D after 32.6the third full calendar year.32.7    (c) Until a plan is required to have reserves equaling at least 100 percent of the 32.8minimum amount required under chapter 62D, the plan may demonstrate its ability 32.9to cover any losses by satisfying the requirements of chapter 62N. A county-based 32.10purchasing plan must also assure the commissioner of health that the requirements of 32.11sections 
         62J.041; 
         62J.48; 
         62J.71 to 
         62J.73; 
         62M.01 to 
         62M.16; all applicable provisions 32.12of chapter 62Q, including sections 
         62Q.075; 
         62Q.1055; 
         62Q.106; 
         62Q.12; 
         62Q.135; 32.1362Q.14
         ; 
         62Q.145; 
         62Q.19; 
         62Q.23, paragraph (c); 
         62Q.43; 
         62Q.47; 
         62Q.50; 
         62Q.52 to 32.1462Q.56
         ; 
         62Q.58; 
         62Q.68 to 
         62Q.72; and 
         72A.201 will be met.32.15    (d) All enforcement and rulemaking powers available under chapters 62D, 62J, 62M, 32.1662N, and 62Q are hereby granted to the commissioner of health with respect to counties 32.17that purchase medical assistance services under this section.32.18    (e) The commissioner, in consultation with county government, shall develop 32.19administrative and financial reporting requirements for county-based purchasing programs 32.20relating to sections 
         62D.041, 
         62D.042, 
         62D.045, 
         62D.08, 
         62N.28, 
         62N.29, and 
         62N.31, 32.21and other sections as necessary, that are specific to county administrative, accounting, and 32.22reporting systems and consistent with other statutory requirements of counties.32.23    (f) The commissioner shall collect from a county-based purchasing plan under 32.24this section the following fees:32.25    (1) fees attributable to the costs of audits and other examinations of plan financial 32.26operations. These fees are subject to the provisions of Minnesota Rules, part 4685.2800, 32.27subpart 1, item F; and32.28    (2) an annual fee of $21,500, to be paid by June 15 of each calendar year, beginning 32.29in calendar year 2009; and32.30    (3) for fiscal year 2009 only, a per-enrollee fee of 14.6 cents, based on the number of 32.31enrollees as of December 31, 2008.32.32All fees collected under this paragraph shall be deposited in the state government special 32.33revenue fund.32.34    Sec. 17. Minnesota Statutes 2012, section 256B.692, subdivision 5, is amended to read:33.1    Subd. 5. County proposals. (a) On or before September 1, 1997, A county board 33.2that wishes to purchase or provide health care under this section must submit a preliminary 33.3proposal that substantially demonstrates the county's ability to meet all the requirements 33.4of this section in response to criteria for proposals issued by the department on or before 33.5July 1, 1997. Counties submitting preliminary proposals must establish a local planning 33.6process that involves input from medical assistance recipients, recipient advocates, 33.7providers and representatives of local school districts, labor, and tribal government to 33.8advise on the development of a final proposal and its implementation.33.9(b) The county board must submit a final proposal on or before July 1, 1998, that 33.10demonstrates the ability to meet all the requirements of this section, including beginning 33.11enrollment on January 1, 1999, unless a delay has been granted under section 256B.69, 33.12subdivision 3a, paragraph (g).33.13(c) After January 1, 1999, For a county in which the prepaid medical assistance 33.14program is in existence, the county board must submit a preliminary proposal at least 15 33.15months prior to termination of health plan contracts in that county and a final proposal 33.16six months prior to the health plan contract termination date in order to begin enrollment 33.17after the termination. Nothing in this section shall impede or delay implementation or 33.18continuation of the prepaid medical assistance program in counties for which the board 33.19does not submit a proposal, or submits a proposal that is not in compliance with this section.33.20(d) The commissioner is not required to terminate contracts for the prepaid medical 33.21assistance program that begin on or after September 1, 1997, in a county for which a 33.22county board has submitted a proposal under this paragraph, until two years have elapsed 33.23from the date of initial enrollment in the prepaid medical assistance program.33.24    Sec. 18.  REPEALER.33.25Minnesota Statutes 2012, sections 256.964; 256.9691; 256B.075, subdivision 4; 33.26256B.0757, subdivision 7; 256B.19, subdivision 3; 256B.53; 256B.69, subdivisions 5e, 33.276c, and 24a; and 256B.692, subdivision 10, are repealed.33.28ARTICLE 333.29CHEMICAL AND MENTAL HEALTH SERVICES33.30    Section 1. Minnesota Statutes 2012, section 245.4871, subdivision 3, is amended to read:33.31    Subd. 3. Case management services. "Case management services" means activities 33.32that are coordinated with the family community support services and are designed to 33.33help the child with severe emotional disturbance and the child's family obtain needed 33.34mental health services, social services, educational services, health services, vocational 34.1services, recreational services, and related services in the areas of volunteer services, 34.2advocacy, transportation, and legal services. Case management services include assisting 34.3in obtaining a comprehensive diagnostic assessment, if needed, developing a functional 34.4assessment, developing an individual family community support plan, and assisting the 34.5child and the child's family in obtaining needed services by coordination with other 34.6agencies and assuring continuity of care. Case managers must assess and reassess the 34.7delivery, appropriateness, and effectiveness of services over time.34.8    Sec. 2. Minnesota Statutes 2012, section 245.4871, subdivision 6, is amended to read:34.9    Subd. 6. Child with severe emotional disturbance. For purposes of eligibility for 34.10case management and family community support services, "child with severe emotional 34.11disturbance" means a child who has an emotional disturbance and who meets one of the 34.12following criteria:34.13(1) the child has been admitted within the last three years or is at risk of being 34.14admitted to inpatient treatment or residential treatment for an emotional disturbance; or34.15(2) the child is a Minnesota resident and is receiving inpatient treatment or 34.16residential treatment for an emotional disturbance through the interstate compact; or34.17(3) the child has one of the following as determined by a mental health professional:34.18(i) psychosis or a clinical depression; or34.19(ii) risk of harming self or others as a result of an emotional disturbance; or34.20(iii) psychopathological symptoms as a result of being a victim of physical or sexual 34.21abuse or of psychic trauma within the past year; or34.22(4) the child, as a result of an emotional disturbance, has significantly impaired home, 34.23school, or community functioning that has lasted at least one year or that, in the written 34.24opinion of a mental health professional, presents substantial risk of lasting at least one year.34.25The term "child with severe emotional disturbance" shall be used only for purposes 34.26of county eligibility determinations. In all other written and oral communications, 34.27case managers, mental health professionals, mental health practitioners, and all other 34.28providers of mental health services shall use the term "child eligible for mental health case 34.29management" in place of "child with severe emotional disturbance."34.30    Sec. 3. Minnesota Statutes 2012, section 245.4873, subdivision 2, is amended to read:34.31    Subd. 2. State level; coordination. The Children's Cabinet, under section 
         4.045, in 34.32consultation with a representative of the Minnesota District Judges Association Juvenile 34.33Committee, shall:35.1(1) educate each agency about the policies, procedures, funding, and services for 35.2children with emotional disturbances of all agencies represented;35.3(2) develop mechanisms for interagency coordination on behalf of children with 35.4emotional disturbances;35.5(3) identify barriers including policies and procedures within all agencies represented 35.6that interfere with delivery of mental health services for children;35.7(4) recommend policy and procedural changes needed to improve development and 35.8delivery of mental health services for children in the agency or agencies they represent; and35.9(5) identify mechanisms for better use of federal and state funding in the delivery of 35.10mental health services for children; and.35.11(6) perform the duties required under sections 245.494 to 245.495.35.12    Sec. 4. Minnesota Statutes 2012, section 245.4874, subdivision 1, is amended to read:35.13    Subdivision 1. Duties of county board. (a) The county board must:35.14    (1) develop a system of affordable and locally available children's mental health 35.15services according to sections 
         245.487 to 
         245.4889;35.16    (2) establish a mechanism providing for interagency coordination as specified in 35.17section 
         245.4875, subdivision 6;35.18    (3) consider the assessment of unmet needs in the county as reported by the local 35.19children's mental health advisory council under section 
         245.4875, subdivision 5, paragraph 35.20(b), clause (3). The county shall provide, upon request of the local children's mental health 35.21advisory council, readily available data to assist in the determination of unmet needs;35.22    (4) assure that parents and providers in the county receive information about how to 35.23gain access to services provided according to sections 
         245.487 to 
         245.4889;35.24    (5) coordinate the delivery of children's mental health services with services provided 35.25by social services, education, corrections, health, and vocational agencies to improve the 35.26availability of mental health services to children and the cost-effectiveness of their delivery;35.27    (6) assure that mental health services delivered according to sections 
         245.487 35.28to 
         245.4889 are delivered expeditiously and are appropriate to the child's diagnostic 35.29assessment and individual treatment plan;35.30    (7) provide the community with information about predictors and symptoms of 35.31emotional disturbances and how to access children's mental health services according to 35.32sections 245.4877 and 245.4878;35.33    (8) (7) provide for case management services to each child with severe emotional 35.34disturbance according to sections 
         245.486; 
         245.4871, subdivisions 3 and 4; and 
         245.4881, 35.35subdivisions 1, 3, and 5
         ;36.1    (9) (8) provide for screening of each child under section 
         245.4885 upon admission 36.2to a residential treatment facility, acute care hospital inpatient treatment, or informal 36.3admission to a regional treatment center;36.4    (10) (9) prudently administer grants and purchase-of-service contracts that the 36.5county board determines are necessary to fulfill its responsibilities under sections 
         245.48736.6to 
         245.4889;36.7    (11) (10) assure that mental health professionals, mental health practitioners, and 36.8case managers employed by or under contract to the county to provide mental health 36.9services are qualified under section 
         245.4871;36.10    (12) (11) assure that children's mental health services are coordinated with adult 36.11mental health services specified in sections 
         245.461 to 
         245.486 so that a continuum of 36.12mental health services is available to serve persons with mental illness, regardless of 36.13the person's age;36.14    (13) (12) assure that culturally competent mental health consultants are used as 36.15necessary to assist the county board in assessing and providing appropriate treatment for 36.16children of cultural or racial minority heritage; and36.17    (14) (13) consistent with section 
         245.486, arrange for or provide a children's mental 36.18health screening for:36.19(i) a child receiving child protective services;36.20(ii) a child in out-of-home placement;36.21(iii) a child for whom parental rights have been terminated;36.22(iv) a child found to be delinquent; or36.23(v) a child found to have committed a juvenile petty offense for the third or 36.24subsequent time.36.25A children's mental health screening is not required when a screening or diagnostic 36.26assessment has been performed within the previous 180 days, or the child is currently 36.27under the care of a mental health professional.36.28(b) When a child is receiving protective services or is in out-of-home placement, 36.29the court or county agency must notify a parent or guardian whose parental rights have 36.30not been terminated of the potential mental health screening and the option to prevent the 36.31screening by notifying the court or county agency in writing.36.32(c) When a child is found to be delinquent or a child is found to have committed a 36.33juvenile petty offense for the third or subsequent time, the court or county agency must 36.34obtain written informed consent from the parent or legal guardian before a screening is 36.35conducted unless the court, notwithstanding the parent's failure to consent, determines that 36.36the screening is in the child's best interest.37.1(d) The screening shall be conducted with a screening instrument approved by 37.2the commissioner of human services according to criteria that are updated and issued 37.3annually to ensure that approved screening instruments are valid and useful for child 37.4welfare and juvenile justice populations. Screenings shall be conducted by a mental health 37.5practitioner as defined in section 
         245.4871, subdivision 26, or a probation officer or local 37.6social services agency staff person who is trained in the use of the screening instrument. 37.7Training in the use of the instrument shall include:37.8(1) training in the administration of the instrument;37.9(2) the interpretation of its validity given the child's current circumstances;37.10(3) the state and federal data practices laws and confidentiality standards;37.11(4) the parental consent requirement; and37.12(5) providing respect for families and cultural values.37.13If the screen indicates a need for assessment, the child's family, or if the family lacks 37.14mental health insurance, the local social services agency, in consultation with the child's 37.15family, shall have conducted a diagnostic assessment, including a functional assessment, 37.16as defined in section 245.4871. The administration of the screening shall safeguard the 37.17privacy of children receiving the screening and their families and shall comply with the 37.18Minnesota Government Data Practices Act, chapter 13, and the federal Health Insurance 37.19Portability and Accountability Act of 1996, Public Law 104-191. Screening results shall be 37.20considered private data and the commissioner shall not collect individual screening results.37.21    (e) When the county board refers clients to providers of children's therapeutic 37.22services and supports under section 
         256B.0943, the county board must clearly identify 37.23the desired services components not covered under section 
         256B.0943 and identify the 37.24reimbursement source for those requested services, the method of payment, and the 37.25payment rate to the provider.37.26    Sec. 5. Minnesota Statutes 2012, section 245.4881, subdivision 3, is amended to read:37.27    Subd. 3. Duties of case manager. (a) Upon a determination of eligibility for case 37.28management services, the case manager shall complete a written functional assessment 37.29according to section 245.4871, subdivision 18. The case manager shall develop an 37.30individual family community support plan for a child as specified in subdivision 4, review 37.31the child's progress, and monitor the provision of services. If services are to be provided 37.32in a host county that is not the county of financial responsibility, the case manager shall 37.33consult with the host county and obtain a letter demonstrating the concurrence of the host 37.34county regarding the provision of services.38.1(b) The case manager shall note in the child's record the services needed by the 38.2child and the child's family, the services requested by the family, services that are not 38.3available, and the unmet needs of the child and child's family. The case manager shall 38.4note this provision in the child's record.38.5    Sec. 6. Minnesota Statutes 2012, section 245.4881, subdivision 4, is amended to read:38.6    Subd. 4. Individual family community support plan. (a) For each child, the case 38.7manager must develop an individual family community support plan that incorporates the 38.8child's individual treatment plan. The individual treatment plan may not be a substitute 38.9for the development of an individual family community support plan. The case manager 38.10is responsible for developing the individual family community support plan within 30 38.11days of intake based on a diagnostic assessment and a functional assessment and for 38.12implementing and monitoring the delivery of services according to the individual family 38.13community support plan. The case manager must review the plan at least every 180 38.14calendar days after it is developed, unless the case manager has received a written request 38.15from the child's family or an advocate for the child for a review of the plan every 90 38.16days after it is developed. To the extent appropriate, the child with severe emotional 38.17disturbance, the child's family, advocates, service providers, and significant others must 38.18be involved in all phases of development and implementation of the individual family 38.19community support plan. Notwithstanding the lack of an individual family community 38.20support plan, the case manager shall assist the child and child's family in accessing the 38.21needed services listed in section 
         245.4884, subdivision 1.38.22(b) The child's individual family community support plan must state:38.23(1) the goals and expected outcomes of each service and criteria for evaluating the 38.24effectiveness and appropriateness of the service;38.25(2) the activities for accomplishing each goal;38.26(3) a schedule for each activity; and38.27(4) the frequency of face-to-face contacts by the case manager, as appropriate to 38.28client need and the implementation of the individual family community support plan.38.29    Sec. 7. Minnesota Statutes 2012, section 245.4882, subdivision 1, is amended to read:38.30    Subdivision 1. Availability of residential treatment services. County boards must 38.31provide or contract for enough residential treatment services to meet the needs of each 38.32child with severe emotional disturbance residing in the county and needing this level of 38.33care. Length of stay is based on the child's residential treatment need and shall be subject 38.34to the six-month review process established in section 
         260C.203, and for children in 39.1voluntary placement for treatment, the court review process in section 
         260D.06. Services 39.2must be appropriate to the child's age and treatment needs and must be made available as 39.3close to the county as possible. Residential treatment must be designed to:39.4(1) prevent placement in settings that are more intensive, costly, or restrictive than 39.5necessary and appropriate to meet the child's needs;39.6(2) (1) help the child improve family living and social interaction skills;39.7(3) (2) help the child gain the necessary skills to return to the community;39.8(4) (3) stabilize crisis admissions; and39.9(5) (4) work with families throughout the placement to improve the ability of the 39.10families to care for children with severe emotional disturbance in the home.39.11    Sec. 8. Minnesota Statutes 2012, section 246.0135, is amended to read:39.12246.0135 OPERATION OF REGIONAL TREATMENT CENTERS.39.13    (a) The commissioner of human services is prohibited from closing any regional 39.14treatment center or state-operated nursing home or any program at any of the regional 39.15treatment centers or state-operated nursing homes, without specific legislative 39.16authorization. For persons with developmental disabilities who move from one regional 39.17treatment center to another regional treatment center, the provisions of section 
         256B.092, 39.18subdivision 10
         , must be followed for both the discharge from one regional treatment 39.19center and admission to another regional treatment center, except that the move is not 39.20subject to the consensus requirement of section 
         256B.092, subdivision 10, paragraph (b).39.21    (b) Prior to closing or downsizing a regional treatment center, the commissioner 39.22of human services shall be responsible for assuring that community-based alternatives 39.23developed in response are adequate to meet the program needs identified by each county 39.24within the catchment area and do not require additional local county property tax 39.25expenditures.39.26    (c) The nonfederal share of the cost of alternative treatment or care developed 39.27as the result of the closure of a regional treatment center, including costs associated 39.28with fulfillment of responsibilities under chapter 253B shall be paid from state funds 39.29appropriated for purposes specified in section 
         246.013.39.30    (d) Counties in the catchment area of a regional treatment center which has been 39.31closed or downsized may not at any time be required to pay a greater cost of care for 39.32alternative care and treatment than the county share set by the commissioner for the cost 39.33of care provided by regional treatment centers.40.1    (e) The commissioner may not divert state funds used for providing for care or 40.2treatment of persons residing in a regional treatment center for purposes unrelated to the 40.3care and treatment of such persons.40.4    Sec. 9. Minnesota Statutes 2012, section 246.325, is amended to read:40.5246.325 GARDEN OF REMEMBRANCE.40.6    The cemetery located on the grounds of the Cambridge State Hospital shall be 40.7known as the Garden of Remembrance. The commissioner of human services shall 40.8approve the wording and design for a sign at the cemetery indicating its name. The 40.9commissioner may approve a temporary sign before the permanent sign is completed and 40.10installed. All costs related to the sign must be paid with nonstate funds.40.11    Sec. 10. Minnesota Statutes 2012, section 254B.05, subdivision 2, is amended to read:40.12    Subd. 2. Regulatory methods. (a) Where appropriate and feasible, the 40.13commissioner shall identify and implement alternative methods of regulation and 40.14enforcement to the extent authorized in this subdivision. These methods shall include:40.15(1) expansion of the types and categories of licenses that may be granted;40.16(2) when the standards of an independent accreditation body have been shown to 40.17predict compliance with the rules, the commissioner shall consider compliance with the 40.18accreditation standards to be equivalent to partial compliance with the rules; and40.19(3) use of an abbreviated inspection that employs key standards that have been 40.20shown to predict full compliance with the rules.40.21If the commissioner determines that the methods in clause (2) or (3) can be used in 40.22licensing a program, the commissioner may reduce any fee set under section 254B.03, 40.23subdivision 3, by up to 50 percent.40.24(b) The commissioner shall work with the commissioners of health, public 40.25safety, administration, and education in consolidating duplicative licensing and 40.26certification rules and standards if the commissioner determines that consolidation is 40.27administratively feasible, would significantly reduce the cost of licensing, and would 40.28not reduce the protection given to persons receiving services in licensed programs. 40.29Where administratively feasible and appropriate, the commissioner shall work with the 40.30commissioners of health, public safety, administration, and education in conducting joint 40.31agency inspections of programs.40.32(c) The commissioner shall work with the commissioners of health, public safety, 40.33administration, and education in establishing a single point of application for applicants 41.1who are required to obtain concurrent licensure from more than one of the commissioners 41.2listed in this clause.41.3    Sec. 11. Minnesota Statutes 2012, section 256.01, subdivision 14b, is amended to read:41.4    Subd. 14b. American Indian child welfare projects. (a) The commissioner of 41.5human services may authorize projects to test tribal delivery of child welfare services to 41.6American Indian children and their parents and custodians living on the reservation. 41.7The commissioner has authority to solicit and determine which tribes may participate 41.8in a project. Grants may be issued to Minnesota Indian tribes to support the projects. 41.9The commissioner may waive existing state rules as needed to accomplish the projects. 41.10Notwithstanding section 
         626.556, the commissioner may authorize projects to use 41.11alternative methods of investigating and assessing reports of child maltreatment, provided 41.12that the projects comply with the provisions of section 
         626.556 dealing with the rights 41.13of individuals who are subjects of reports or investigations, including notice and appeal 41.14rights and data practices requirements. The commissioner may seek any federal approvals 41.15necessary to carry out the projects as well as seek and use any funds available to the 41.16commissioner, including use of federal funds, foundation funds, existing grant funds, 41.17and other funds. The commissioner is authorized to advance state funds as necessary to 41.18operate the projects. Federal reimbursement applicable to the projects is appropriated 41.19to the commissioner for the purposes of the projects. The projects must be required to 41.20address responsibility for safety, permanency, and well-being of children.41.21(b) For the purposes of this section, "American Indian child" means a person under 21 41.22years old and who is a tribal member or eligible for membership in one of the tribes chosen 41.23for a project under this subdivision and who is residing on the reservation of that tribe.41.24(c) In order to qualify for an American Indian child welfare project, a tribe must:41.25(1) be one of the existing tribes with reservation land in Minnesota;41.26(2) have a tribal court with jurisdiction over child custody proceedings;41.27(3) have a substantial number of children for whom determinations of maltreatment 41.28have occurred;41.29(4) have capacity to respond to reports of abuse and neglect under section 
         626.556;41.30(5) provide a wide range of services to families in need of child welfare services; and41.31(6) have a tribal-state title IV-E agreement in effect.41.32(d) Grants awarded under this section may be used for the nonfederal costs of 41.33providing child welfare services to American Indian children on the tribe's reservation, 41.34including costs associated with:41.35(1) assessment and prevention of child abuse and neglect;42.1(2) family preservation;42.2(3) facilitative, supportive, and reunification services;42.3(4) out-of-home placement for children removed from the home for child protective 42.4purposes; and42.5(5) other activities and services approved by the commissioner that further the goals 42.6of providing safety, permanency, and well-being of American Indian children.42.7(e) When a tribe has initiated a project and has been approved by the commissioner 42.8to assume child welfare responsibilities for American Indian children of that tribe under 42.9this section, the affected county social service agency is relieved of responsibility for 42.10responding to reports of abuse and neglect under section 
         626.556 for those children 42.11during the time within which the tribal project is in effect and funded. The commissioner 42.12shall work with tribes and affected counties to develop procedures for data collection, 42.13evaluation, and clarification of ongoing role and financial responsibilities of the county 42.14and tribe for child welfare services prior to initiation of the project. Children who have not 42.15been identified by the tribe as participating in the project shall remain the responsibility 42.16of the county. Nothing in this section shall alter responsibilities of the county for law 42.17enforcement or court services.42.18(f) Participating tribes may conduct children's mental health screenings under section 42.19245.4874, subdivision 1
         , paragraph (a), clause (14) (13), for children who are eligible for 42.20the initiative and living on the reservation and who meet one of the following criteria:42.21(1) the child must be receiving child protective services;42.22(2) the child must be in foster care; or42.23(3) the child's parents must have had parental rights suspended or terminated.42.24Tribes may access reimbursement from available state funds for conducting the screenings. 42.25Nothing in this section shall alter responsibilities of the county for providing services 42.26under section 
         245.487.42.27(g) Participating tribes may establish a local child mortality review panel. In 42.28establishing a local child mortality review panel, the tribe agrees to conduct local child 42.29mortality reviews for child deaths or near-fatalities occurring on the reservation under 42.30subdivision 12. Tribes with established child mortality review panels shall have access 42.31to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c) 42.32to (e). The tribe shall provide written notice to the commissioner and affected counties 42.33when a local child mortality review panel has been established and shall provide data upon 42.34request of the commissioner for purposes of sharing nonpublic data with members of the 42.35state child mortality review panel in connection to an individual case.43.1(h) The commissioner shall collect information on outcomes relating to child safety, 43.2permanency, and well-being of American Indian children who are served in the projects. 43.3Participating tribes must provide information to the state in a format and completeness 43.4deemed acceptable by the state to meet state and federal reporting requirements.43.5    (i) In consultation with the White Earth Band, the commissioner shall develop 43.6and submit to the chairs and ranking minority members of the legislative committees 43.7with jurisdiction over health and human services a plan to transfer legal responsibility 43.8for providing child protective services to White Earth Band member children residing in 43.9Hennepin County to the White Earth Band. The plan shall include a financing proposal, 43.10definitions of key terms, statutory amendments required, and other provisions required to 43.11implement the plan. The commissioner shall submit the plan by January 15, 2012.43.12    Sec. 12. Minnesota Statutes 2013 Supplement, section 256B.0943, subdivision 1, 43.13is amended to read:43.14    Subdivision 1. Definitions. For purposes of this section, the following terms have 43.15the meanings given them.43.16    (a) "Children's therapeutic services and supports" means the flexible package of 43.17mental health services for children who require varying therapeutic and rehabilitative 43.18levels of intervention. The services are time-limited interventions that are delivered using 43.19various treatment modalities and combinations of services designed to reach treatment 43.20outcomes identified in the individual treatment plan.43.21    (b) "Clinical supervision" means the overall responsibility of the mental health 43.22professional for the control and direction of individualized treatment planning, service 43.23delivery, and treatment review for each client. A mental health professional who is an 43.24enrolled Minnesota health care program provider accepts full professional responsibility 43.25for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work, 43.26and oversees or directs the supervisee's work.43.27    (c) "County board" means the county board of commissioners or board established 43.28under sections 
         402.01 to 
         402.10 or 
         471.59.43.29    (d) "Crisis assistance" has the meaning given in section 
         245.4871, subdivision 9a.43.30    (e) "Culturally competent provider" means a provider who understands and can 43.31utilize to a client's benefit the client's culture when providing services to the client. A 43.32provider may be culturally competent because the provider is of the same cultural or 43.33ethnic group as the client or the provider has developed the knowledge and skills through 43.34training and experience to provide services to culturally diverse clients.44.1    (f) "Day treatment program" for children means a site-based structured mental 44.2health program consisting of group psychotherapy for more than three or more individuals 44.3and other intensive therapeutic services individual or group skills training provided by a 44.4multidisciplinary team, under the clinical supervision of a mental health professional.44.5    (g) "Diagnostic assessment" has the meaning given in Minnesota Rules, part 44.69505.0372, subpart 1.44.7    (h) "Direct service time" means the time that a mental health professional, mental 44.8health practitioner, or mental health behavioral aide spends face-to-face with a client 44.9and the client's family. Direct service time includes time in which the provider obtains 44.10a client's history or provides service components of children's therapeutic services and 44.11supports. Direct service time does not include time doing work before and after providing 44.12direct services, including scheduling, maintaining clinical records, consulting with others 44.13about the client's mental health status, preparing reports, receiving clinical supervision, 44.14and revising the client's individual treatment plan.44.15    (i) "Direction of mental health behavioral aide" means the activities of a mental 44.16health professional or mental health practitioner in guiding the mental health behavioral 44.17aide in providing services to a client. The direction of a mental health behavioral aide 44.18must be based on the client's individualized treatment plan and meet the requirements in 44.19subdivision 6, paragraph (b), clause (5).44.20    (j) "Emotional disturbance" has the meaning given in section 
         245.4871, subdivision 44.2115
         . For persons at least age 18 but under age 21, mental illness has the meaning given in 44.22section 
         245.462, subdivision 20, paragraph (a).44.23    (k) "Individual behavioral plan" means a plan of intervention, treatment, and 44.24services for a child written by a mental health professional or mental health practitioner, 44.25under the clinical supervision of a mental health professional, to guide the work of the 44.26mental health behavioral aide.44.27    (l) "Individual treatment plan" has the meaning given in section 
         245.4871, 44.28subdivision 21
         .44.29    (m) "Mental health behavioral aide services" means medically necessary one-on-one 44.30activities performed by a trained paraprofessional to assist a child retain or generalize 44.31psychosocial skills as taught by a mental health professional or mental health practitioner 44.32and as described in the child's individual treatment plan and individual behavior plan. 44.33Activities involve working directly with the child or child's family as provided in 44.34subdivision 9, paragraph (b), clause (4).44.35    (n) "Mental health practitioner" means an individual as defined in section 
         245.4871, 44.36subdivision 26.45.1    (o) "Mental health professional" means an individual as defined in section 
         245.4871, 45.2subdivision 27
         , clauses (1) to (6), or tribal vendor as defined in section 
         256B.02, 45.3subdivision 7
         , paragraph (b).45.4    (p) "Mental health service plan development" includes:45.5    (1) the development, review, and revision of a child's individual treatment plan, 45.6as provided in Minnesota Rules, part 9505.0371, subpart 7, including involvement of 45.7the client or client's parents, primary caregiver, or other person authorized to consent to 45.8mental health services for the client, and including arrangement of treatment and support 45.9activities specified in the individual treatment plan; and45.10    (2) administering standardized outcome measurement instruments, determined 45.11and updated by the commissioner, as periodically needed to evaluate the effectiveness 45.12of treatment for children receiving clinical services and reporting outcome measures, 45.13as required by the commissioner.45.14    (q) "Skills training" means individual, family, or group training, delivered by or 45.15under the direction of a mental health professional, designed to facilitate the acquisition 45.16of psychosocial skills that are medically necessary to rehabilitate the child to an 45.17age-appropriate developmental trajectory heretofore disrupted by a psychiatric illness 45.18or to self-monitor, compensate for, cope with, counteract, or replace skills deficits or 45.19maladaptive skills acquired over the course of a psychiatric illness. Skills training is 45.20subject to the following requirements:45.21    (1) a mental health professional or a mental health practitioner must provide skills 45.22training;45.23    (2) the child must always be present during skills training; however, a brief absence 45.24of the child for no more than ten percent of the session unit may be allowed to redirect or 45.25instruct family members;45.26    (3) skills training delivered to children or their families must be targeted to the 45.27specific deficits or maladaptations of the child's mental health disorder and must be 45.28prescribed in the child's individual treatment plan;45.29    (4) skills training delivered to the child's family must teach skills needed by parents 45.30to enhance the child's skill development and to help the child use in daily life the skills 45.31previously taught by a mental health professional or mental health practitioner and to 45.32develop or maintain a home environment that supports the child's progressive use skills;45.33    (5) group skills training may be provided to multiple recipients who, because of the 45.34nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from 45.35interaction in a group setting, which must be staffed as follows:46.1    (i) one mental health professional or one mental health practitioner under supervision 46.2of a licensed mental health professional must work with a group of four to eight clients; or46.3    (ii) two mental health professionals or two mental health practitioners under 46.4supervision of a licensed mental health professional, or one professional plus one 46.5practitioner must work with a group of nine to 12 clients.46.6    Sec. 13. Minnesota Statutes 2013 Supplement, section 256B.0943, subdivision 2, 46.7is amended to read:46.8    Subd. 2. Covered service components of children's therapeutic services and 46.9supports. (a) Subject to federal approval, medical assistance covers medically necessary 46.10children's therapeutic services and supports as defined in this section that an eligible 46.11provider entity certified under subdivision 4 provides to a client eligible under subdivision 46.123.46.13(b) The service components of children's therapeutic services and supports are:46.14(1) individual patient or family member, family, psychotherapy for crisis, and group 46.15psychotherapy;46.16(2) individual, family, or group skills training provided by a mental health 46.17professional or mental health practitioner;46.18(3) crisis assistance;46.19(4) mental health behavioral aide services;46.20(5) direction of a mental health behavioral aide;46.21(6) mental health service plan development; and46.22(7) clinical care consultation under section 256B.0625, subdivision 62; children's 46.23day treatment.46.24(8) family psychoeducation under section 256B.0625, subdivision 61; and46.25(9) services provided by a family peer specialist under section 256B.0616.46.26(c) Service components in paragraph (b) may be combined to constitute therapeutic 46.27programs, including day treatment programs and therapeutic preschool programs.46.28EFFECTIVE DATE.This section is effective the day following final enactment.46.29    Sec. 14. Minnesota Statutes 2013 Supplement, section 256B.0943, subdivision 7, 46.30is amended to read:46.31    Subd. 7. Qualifications of individual and team providers. (a) An individual 46.32or team provider working within the scope of the provider's practice or qualifications 46.33may provide service components of children's therapeutic services and supports that are 46.34identified as medically necessary in a client's individual treatment plan.47.1(b) An individual provider must be qualified as:47.2(1) a mental health professional as defined in subdivision 1, paragraph (n); or47.3(2) a mental health practitioner as defined in section 245.4871, subdivision 26 or 47.4clinical trainee. The mental health practitioner or clinical trainee must work under the 47.5clinical supervision of a mental health professional; or47.6(3) a mental health behavioral aide working under the clinical supervision of 47.7a mental health professional to implement the rehabilitative mental health services 47.8previously introduced by a mental health professional or practitioner and identified in the 47.9client's individual treatment plan and individual behavior plan.47.10(A) A level I mental health behavioral aide must:47.11(i) be at least 18 years old;47.12(ii) have a high school diploma or general equivalency diploma (GED) or two years 47.13of experience as a primary caregiver to a child with severe emotional disturbance within 47.14the previous ten years; and47.15(iii) meet preservice and continuing education requirements under subdivision 8.47.16(B) A level II mental health behavioral aide must:47.17(i) be at least 18 years old;47.18(ii) have an associate or bachelor's degree or 4,000 hours of experience in delivering 47.19clinical services in the treatment of mental illness concerning children or adolescents or 47.20complete a certificate program established under subdivision 8a; and47.21(iii) meet preservice and continuing education requirements in subdivision 8.47.22(c) A preschool program multidisciplinary team must include at least one mental 47.23health professional and one or more of the following individuals under the clinical 47.24supervision of a mental health professional:47.25(i) a mental health practitioner; or47.26(ii) a program person, including a teacher, assistant teacher, or aide, who meets the 47.27qualifications and training standards of a level I mental health behavioral aide.47.28(d) (c) A day treatment multidisciplinary team must include at least one mental 47.29health professional or clinical trainee and one mental health practitioner.47.30EFFECTIVE DATE.This section is effective the day following final enactment.47.31    Sec. 15. Minnesota Statutes 2012, section 256B.0943, subdivision 8, is amended to read:47.32    Subd. 8. Required preservice and continuing education. (a) A provider entity 47.33shall establish a plan to provide preservice and continuing education for staff. The plan 47.34must clearly describe the type of training necessary to maintain current skills and obtain 47.35new skills and that relates to the provider entity's goals and objectives for services offered.48.1    (b) A provider that employs a mental health behavioral aide under this section must 48.2require the mental health behavioral aide to complete 30 hours of preservice training. The 48.3preservice training must include topics specified in Minnesota Rules, part 9535.4068, 48.4subparts 1 and 2, and parent team training. The preservice training must include 15 hours 48.5of in-person training of a mental health behavioral aide in mental health services delivery 48.6and eight hours of parent team training. Curricula for parent team training must be 48.7approved in advance by the commissioner. Components of parent team training include:48.8    (1) partnering with parents;48.9    (2) fundamentals of family support;48.10    (3) fundamentals of policy and decision making;48.11    (4) defining equal partnership;48.12    (5) complexities of the parent and service provider partnership in multiple service 48.13delivery systems due to system strengths and weaknesses;48.14    (6) sibling impacts;48.15    (7) support networks; and48.16    (8) community resources.48.17    (c) A provider entity that employs a mental health practitioner and a mental health 48.18behavioral aide to provide children's therapeutic services and supports under this section 48.19must require the mental health practitioner and mental health behavioral aide to complete 48.2020 hours of continuing education every two calendar years. The continuing education 48.21must be related to serving the needs of a child with emotional disturbance in the child's 48.22home environment and the child's family. The topics covered in orientation and training 48.23must conform to Minnesota Rules, part 9535.4068.48.24    (d) The provider entity must document the mental health practitioner's or mental 48.25health behavioral aide's annual completion of the required continuing education. The 48.26documentation must include the date, subject, and number of hours of the continuing 48.27education, and attendance records, as verified by the staff member's signature, job 48.28title, and the instructor's name. The provider entity must keep documentation for each 48.29employee, including records of attendance at professional workshops and conferences, 48.30at a central location and in the employee's personnel file.48.31EFFECTIVE DATE.This section is effective the day following final enactment.48.32    Sec. 16. Minnesota Statutes 2012, section 256B.0943, subdivision 10, is amended to 48.33read:48.34    Subd. 10. Service authorization.The commissioner shall publish in the State 48.35Register a list of health services that require prior authorization, as well as the criteria 49.1and standards used to select health services on the list. The list and the criteria and 49.2standards used to formulate the list are not subject to the requirements of sections 14.00149.3 to 14.69. The commissioner's decision on whether prior authorization is required for a 49.4health service is not subject to administrative appeal. Children's therapeutic services and 49.5supports are subject to authorization criteria and standards published by the commissioner 49.6according to section 256B.0625, subdivision 25.49.7EFFECTIVE DATE.This section is effective the day following final enactment.49.8    Sec. 17. Minnesota Statutes 2012, section 256B.0943, subdivision 12, is amended to 49.9read:49.10    Subd. 12. Excluded services. The following services are not eligible for medical 49.11assistance payment as children's therapeutic services and supports:49.12    (1) service components of children's therapeutic services and supports simultaneously 49.13provided by more than one provider entity unless prior authorization is obtained;49.14    (2) treatment by multiple providers within the same agency at the same clock time;49.15(3) children's therapeutic services and supports provided in violation of medical 49.16assistance policy in Minnesota Rules, part 9505.0220;49.17    (4) mental health behavioral aide services provided by a personal care assistant who 49.18is not qualified as a mental health behavioral aide and employed by a certified children's 49.19therapeutic services and supports provider entity;49.20    (5) service components of CTSS that are the responsibility of a residential or 49.21program license holder, including foster care providers under the terms of a service 49.22agreement or administrative rules governing licensure; and49.23    (6) adjunctive activities that may be offered by a provider entity but are not 49.24otherwise covered by medical assistance, including:49.25    (i) a service that is primarily recreation oriented or that is provided in a setting that 49.26is not medically supervised. This includes sports activities, exercise groups, activities 49.27such as craft hours, leisure time, social hours, meal or snack time, trips to community 49.28activities, and tours;49.29    (ii) a social or educational service that does not have or cannot reasonably be 49.30expected to have a therapeutic outcome related to the client's emotional disturbance;49.31    (iii) consultation with other providers or service agency staff about the care or 49.32progress of a client;49.33    (iv) (iii) prevention or education programs provided to the community; and49.34    (v) (iv) treatment for clients with primary diagnoses of alcohol or other drug abuse; 49.35and.50.1    (7) activities that are not direct service time.50.2EFFECTIVE DATE.This section is effective the day following final enactment.50.3    Sec. 18.  REPEALER.50.4(a) Minnesota Statutes 2012, sections 245.0311; 245.0312; 245.4861; 245.487, 50.5subdivisions 4 and 5; 245.4871, subdivisions 7, 11, 18, and 25; 245.4872; 245.4873, 50.6subdivisions 3 and 6; 245.4875, subdivisions 3, 6, and 7; 245.4883, subdivision 1; 50.7245.490; 245.492, subdivisions 6, 8, 13, and 19; 245.4932, subdivisions 2, 3, and 4; 50.8245.4933; 245.494; 245.63; 245.652; 245.69, subdivision 1; 245.714; 245.715; 245.717; 50.9245.718; 245.721; 245.77; 245.827; 246.012; 246.016; 246.023, subdivision 1; 246.28; 50.10251.045; 252.038; 252.05; 252.07; 252.09; 254.01; 254.03; 254.04; 254.06; 254.07; 50.11254.09; 254.10; 254.11; 254A.05, subdivision 1; 254A.07, subdivisions 1 and 2; 254A.16, 50.12subdivision 1; 254B.01, subdivision 1; and 254B.04, subdivision 3, are repealed.50.13(b) Minnesota Statutes 2013 Supplement, sections 246.0251; 254.05; and 254B.13, 50.14subdivision 3, are repealed.50.15ARTICLE 450.16CONTINUING CARE50.17    Section 1. Minnesota Statutes 2012, section 256B.0913, subdivision 5a, is amended to 50.18read:50.19    Subd. 5a. Services; service definitions; service standards. (a) Unless specified in 50.20statute, the services, service definitions, and standards for alternative care services shall 50.21be the same as the services, service definitions, and standards specified in the federally 50.22approved elderly waiver plan, except alternative care does not cover transitional support 50.23services, assisted living services, adult foster care services, and residential care and 50.24benefits defined under section 
         256B.0625 that meet primary and acute health care needs.50.25    (b) The lead agency must ensure that the funds are not used to supplant or 50.26supplement services available through other public assistance or services programs, 50.27including supplementation of client co-pays, deductibles, premiums, or other cost-sharing 50.28arrangements for health-related benefits and services or entitlement programs and services 50.29that are available to the person, but in which they have elected not to enroll. The 50.30lead agency must ensure that the benefit department recovery system in the Medicaid 50.31Management Information System (MMIS) has the necessary information on any other 50.32health insurance or third-party insurance policy to which the client may have access. For a 50.33provider of supplies and equipment when the monthly cost of the supplies and equipment 51.1is less than $250, persons or agencies must be employed by or under a contract with the 51.2lead agency or the public health nursing agency of the local board of health in order to 51.3receive funding under the alternative care program. Supplies and equipment may be 51.4purchased from a vendor not certified to participate in the Medicaid program if the cost for 51.5the item is less than that of a Medicaid vendor.51.6    (c) Personal care services must meet the service standards defined in the federally 51.7approved elderly waiver plan, except that a lead agency may contract with authorize 51.8services to be provided by a client's relative who meets the relative hardship waiver 51.9requirements or a relative who meets the criteria and is also the responsible party under 51.10an individual service plan that ensures the client's health and safety and supervision of 51.11the personal care services by a qualified professional as defined in section 
         256B.0625, 51.12subdivision 19c
         . Relative hardship is established by the lead agency when the client's care 51.13causes a relative caregiver to do any of the following: resign from a paying job, reduce 51.14work hours resulting in lost wages, obtain a leave of absence resulting in lost wages, incur 51.15substantial client-related expenses, provide services to address authorized, unstaffed direct 51.16care time, or meet special needs of the client unmet in the formal service plan.51.17    Sec. 2. Minnesota Statutes 2012, section 256B.0913, subdivision 14, is amended to read:51.18    Subd. 14. Provider requirements, payment, and rate adjustments. (a) Unless 51.19otherwise specified in statute, providers must be enrolled as Minnesota health care 51.20program providers and abide by the requirements for provider participation according to 51.21Minnesota Rules, part 9505.0195.51.22    (b) Payment for provided alternative care services as approved by the client's 51.23case manager shall occur through the invoice processing procedures of the department's 51.24Medicaid Management Information System (MMIS). To receive payment, the lead agency 51.25or vendor must submit invoices within 12 months following the date of service. The lead 51.26agency and its vendors under contract shall not be reimbursed for services which exceed 51.27the county allocation. Service rates are governed by section 256B.0915, subdivision 3g.51.28    (c) The lead agency shall negotiate individual rates with vendors and may authorize 51.29service payment for actual costs up to the county's current approved rate. Notwithstanding 51.30any other rule or statutory provision to the contrary, the commissioner shall not be 51.31authorized to increase rates by an annual inflation factor, unless so authorized by the 51.32legislature. To improve access to community services and eliminate payment disparities 51.33between the alternative care program and the elderly waiver program, the commissioner 51.34shall establish statewide maximum service rate limits and eliminate county-specific 51.35service rate limits.52.1    (1) Effective July 1, 2001, for service rate limits, except those in subdivision 5, 52.2paragraphs (d) and (i), the rate limit for each service shall be the greater of the alternative 52.3care statewide maximum rate or the elderly waiver statewide maximum rate.52.4    (2) Lead agencies may negotiate individual service rates with vendors for actual 52.5costs up to the statewide maximum service rate limit.52.6    Sec. 3. Minnesota Statutes 2012, section 256B.0915, subdivision 3c, is amended to read:52.7    Subd. 3c. Service approval and contracting provisions.(a) Medical assistance 52.8funding for skilled nursing services, private duty nursing, home health aide, and personal 52.9care services for waiver recipients must be approved by the case manager and included in 52.10the coordinated service and support plan.52.11    (b) A lead agency is not required to contract with a provider of supplies and 52.12equipment if the monthly cost of the supplies and equipment is less than $250.52.13    Sec. 4. Minnesota Statutes 2012, section 256B.0915, subdivision 3d, is amended to read:52.14    Subd. 3d. Adult foster care rate. The adult foster care rate shall be considered a 52.15difficulty of care payment and shall not include room and board. The adult foster care 52.16service rate shall be negotiated between the lead agency and the foster care provider. The 52.17elderly waiver payment for the foster care service in combination with the payment for 52.18all other elderly waiver services, including case management, must not exceed the limit 52.19specified in subdivision 3a, paragraph (a).52.20    Sec. 5. Minnesota Statutes 2012, section 256B.0915, subdivision 3f, is amended to read:52.21    Subd. 3f. Individual service rates Payments for services; expenditure forecasts.52.22    (a) The lead agency shall negotiate individual service rates with vendors and may 52.23authorize payment for actual costs up to the lead agency's current approved rate. Persons 52.24or agencies must be employed by or under a contract with the lead agency or the public 52.25health nursing agency of the local board of health in order to receive funding under the 52.26elderly waiver program, except as a provider of supplies and equipment when the monthly 52.27cost of the supplies and equipment is less than $250. Lead agencies shall authorize 52.28payments for services in accordance with the payment rates and limits published annually 52.29by the commissioner.52.30    (b) Reimbursement for the medical assistance recipients under the approved waiver 52.31shall be made from the medical assistance account through the invoice processing 52.32procedures of the department's Medicaid Management Information System (MMIS), 52.33only with the approval of the client's case manager. The budget for the state share of the 53.1Medicaid expenditures shall be forecasted with the medical assistance budget, and shall 53.2be consistent with the approved waiver.53.3    Sec. 6. Minnesota Statutes 2012, section 256B.0915, subdivision 3g, is amended to read:53.4    Subd. 3g. Service rate limits; state assumption of costs. (a) To improve access 53.5to community services and eliminate payment disparities between the alternative care 53.6program and the elderly waiver, the commissioner shall establish statewide maximum53.7 service rate limits and eliminate lead agency-specific service rate limits.53.8    (b) Effective July 1, 2001, for statewide service rate limits, except those described 53.9or defined in subdivisions 3d and, 3e, and 3h, the statewide service rate limit for each 53.10service shall be the greater of the alternative care statewide maximum rate or the elderly 53.11waiver statewide maximum rate.53.12    (c) Lead agencies may negotiate individual service rates with vendors for actual 53.13costs up to the statewide maximum service rate limit.53.14    Sec. 7. Minnesota Statutes 2013 Supplement, section 517.04, is amended to read:53.15517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.53.16    Civil marriages may be solemnized throughout the state by an individual who has 53.17attained the age of 21 years and is a judge of a court of record, a retired judge of a court 53.18of record, a court administrator, a retired court administrator with the approval of the 53.19chief judge of the judicial district, a former court commissioner who is employed by the 53.20court system or is acting pursuant to an order of the chief judge of the commissioner's 53.21judicial district, the residential school administrators superintendent of the Minnesota 53.22State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed 53.23or ordained minister of any religious denomination, or by any mode recognized in 53.24section 
         517.18. For purposes of this section, a court of record includes the Office of 53.25Administrative Hearings under section 
         14.48.53.26    Sec. 8. Minnesota Statutes 2012, section 595.06, is amended to read:53.27595.06 CAPACITY OF WITNESS.53.28    When an infant, or a person apparently of weak intellect, is produced as a witness, 53.29the court may examine the infant or witness person to ascertain capacity, and whether the 53.30person understands the nature and obligations of an oath, and the court may inquire of any 53.31person what peculiar ceremonies the person deems most obligatory in taking an oath.53.32    Sec. 9.  REPEALER.54.1(a) Minnesota Statutes 2012, sections 158.13; 158.14; 158.15; 158.16; 158.17; 54.2158.18; 158.19; 245.072; 256.971; 256.975, subdivision 3; 256.9753, subdivision 4; 54.3256B.04, subdivision 16; 256B.0656; 256B.0657; 256B.0913, subdivision 9; 256B.0916, 54.4subdivisions 6 and 6a; 256B.0928; 256B.431, subdivisions 28, 31, 33, 34, 37, 38, 39, 40, 54.541, and 43; 256B.434, subdivision 19; 256B.440; 256B.441, subdivisions 46 and 46a; 54.6256B.491; 256B.501, subdivisions 3a, 3b, 3h, 3j, 3k, 3l, and 5e; 256B.5016; 256B.503; 54.7and 626.557, subdivision 16, are repealed.54.8(b) Minnesota Statutes 2013 Supplement, sections 256B.31; 256B.501, subdivision 54.95b; 256C.05; and 256C.29, are repealed.54.10(c) Minnesota Rules, parts 9549.0020, subparts 2, 12, 13, 20, 23, 24, 25, 26, 27, 30, 54.1131, 32, 33, 34, 35, 36, 38, 41, 42, 43, 44, 46, and 47; 9549.0030; 9549.0035, subparts 4, 5, 54.12and 6; 9549.0036; 9549.0040; 9549.0041, subparts 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 54.1314, and 15; 9549.0050; 9549.0051, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14; 54.149549.0053; 9549.0054; 9549.0055, subpart 4; 9549.0056; 9549.0060, subparts 1, 2, 3, 8, 54.159, 12, and 13; 9549.0061; and 9549.0070, subparts 1 and 4, are repealed.54.16ARTICLE 554.17OPERATIONS54.18    Section 1. Minnesota Statutes 2012, section 13.46, subdivision 4, is amended to read:54.19    Subd. 4. Licensing data. (a) As used in this subdivision:54.20    (1) "licensing data" are all data collected, maintained, used, or disseminated by the 54.21welfare system pertaining to persons licensed or registered or who apply for licensure 54.22or registration or who formerly were licensed or registered under the authority of the 54.23commissioner of human services;54.24    (2) "client" means a person who is receiving services from a licensee or from an 54.25applicant for licensure; and54.26    (3) "personal and personal financial data" are Social Security numbers, identity 54.27of and letters of reference, insurance information, reports from the Bureau of Criminal 54.28Apprehension, health examination reports, and social/home studies.54.29    (b)(1)(i) Except as provided in paragraph (c), the following data on applicants, 54.30license holders, and former licensees are public: name, address, telephone number of 54.31licensees, date of receipt of a completed application, dates of licensure, licensed capacity, 54.32type of client preferred, variances granted, record of training and education in child care 54.33and child development, type of dwelling, name and relationship of other family members, 54.34previous license history, class of license, the existence and status of complaints, and the 54.35number of serious injuries to or deaths of individuals in the licensed program as reported 55.1to the commissioner of human services, the local social services agency, or any other 55.2county welfare agency. For purposes of this clause, a serious injury is one that is treated 55.3by a physician.55.4(ii) When a correction order, an order to forfeit a fine, an order of license suspension, 55.5an order of temporary immediate suspension, an order of license revocation, an order 55.6of license denial, or an order of conditional license has been issued, or a complaint is 55.7resolved, the following data on current and former licensees and applicants are public: the 55.8substance and investigative findings of the licensing or maltreatment complaint, licensing 55.9violation, or substantiated maltreatment; the record of informal resolution of a licensing 55.10violation; orders of hearing; findings of fact; conclusions of law; specifications of the final 55.11correction order, fine, suspension, temporary immediate suspension, revocation, denial, or 55.12conditional license contained in the record of licensing action; whether a fine has been 55.13paid; and the status of any appeal of these actions.55.14(iii) When a license denial under section 
         245A.05 or a sanction under section 55.15245A.07
          is based on a determination that the license holder or applicant is responsible for 55.16maltreatment under section 
         626.556 or 
         626.557, the identity of the applicant or license 55.17holder as the individual responsible for maltreatment is public data at the time of the 55.18issuance of the license denial or sanction.55.19(iv) When a license denial under section 
         245A.05 or a sanction under section 55.20245A.07
          is based on a determination that the license holder or applicant is disqualified 55.21under chapter 245C, the identity of the license holder or applicant as the disqualified 55.22individual and the reason for the disqualification are public data at the time of the 55.23issuance of the licensing sanction or denial. If the applicant or license holder requests 55.24reconsideration of the disqualification and the disqualification is affirmed, the reason for 55.25the disqualification and the reason to not set aside the disqualification are public data.55.26    (2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, 55.27when any person subject to disqualification under section 245C.14 in connection with a 55.28license to provide family day care for children, child care center services, foster care for 55.29children in the provider's home, or foster care or day care services for adults in the provider's 55.30home is a substantiated perpetrator of maltreatment, and the substantiated maltreatment is 55.31a reason for a licensing action, the identity of the substantiated perpetrator of maltreatment 55.32is public data. For purposes of this clause, a person is a substantiated perpetrator if the 55.33maltreatment determination has been upheld under section 256.045; 626.556, subdivision 55.3410i; 626.557, subdivision 9d; or chapter 14, or if an individual or facility has not timely 55.35exercised appeal rights under these sections, except as provided under clause (1).56.1    (3)(2) For applicants who withdraw their application prior to licensure or denial of 56.2a license, the following data are public: the name of the applicant, the city and county 56.3in which the applicant was seeking licensure, the dates of the commissioner's receipt of 56.4the initial application and completed application, the type of license sought, and the date 56.5of withdrawal of the application.56.6    (4) (3) For applicants who are denied a license, the following data are public: the 56.7name and address of the applicant, the city and county in which the applicant was seeking 56.8licensure, the dates of the commissioner's receipt of the initial application and completed 56.9application, the type of license sought, the date of denial of the application, the nature of 56.10the basis for the denial, the record of informal resolution of a denial, orders of hearings, 56.11findings of fact, conclusions of law, specifications of the final order of denial, and the 56.12status of any appeal of the denial.56.13    (5) The following data on persons subject to disqualification under section 245C.14 in 56.14connection with a license to provide family day care for children, child care center services, 56.15foster care for children in the provider's home, or foster care or day care services for adults 56.16in the provider's home, are public: the nature of any disqualification set aside under section 56.17245C.22, subdivisions 2 and 4, and the reasons for setting aside the disqualification; the 56.18nature of any disqualification for which a variance was granted under sections 245A.04, 56.19subdivision 9; and 245C.30, and the reasons for granting any variance under section 56.20245A.04, subdivision 9; and, if applicable, the disclosure that any person subject to 56.21a background study under section 245C.03, subdivision 1, has successfully passed a 56.22background study. If a licensing sanction under section 245A.07, or a license denial under 56.23section 245A.05, is based on a determination that an individual subject to disqualification 56.24under chapter 245C is disqualified, the disqualification as a basis for the licensing sanction 56.25or denial is public data. As specified in clause (1), item (iv), if the disqualified individual 56.26is the license holder or applicant, the identity of the license holder or applicant and the 56.27reason for the disqualification are public data; and, if the license holder or applicant 56.28requested reconsideration of the disqualification and the disqualification is affirmed, the 56.29reason for the disqualification and the reason to not set aside the disqualification are 56.30public data. If the disqualified individual is an individual other than the license holder or 56.31applicant, the identity of the disqualified individual shall remain private data.56.32    (6) (4) When maltreatment is substantiated under section 
         626.556 or 
         626.557 and 56.33the victim and the substantiated perpetrator are affiliated with a program licensed under 56.34chapter 245A, the commissioner of human services, local social services agency, or 56.35county welfare agency may inform the license holder where the maltreatment occurred of 56.36the identity of the substantiated perpetrator and the victim.57.1    (7) (5) Notwithstanding clause (1), for child foster care, only the name of the license 57.2holder and the status of the license are public if the county attorney has requested that data 57.3otherwise classified as public data under clause (1) be considered private data based on the 57.4best interests of a child in placement in a licensed program.57.5    (c) The following are private data on individuals under section 
         13.02, subdivision 57.612
         , or nonpublic data under section 
         13.02, subdivision 9: personal and personal financial 57.7data on family day care program and family foster care program applicants and licensees 57.8and their family members who provide services under the license.57.9    (d) The following are private data on individuals: the identity of persons who have 57.10made reports concerning licensees or applicants that appear in inactive investigative data, 57.11and the records of clients or employees of the licensee or applicant for licensure whose 57.12records are received by the licensing agency for purposes of review or in anticipation of a 57.13contested matter. The names of reporters of complaints or alleged violations of licensing 57.14standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment 57.15under sections 
         626.556 and 
         626.557, are confidential data and may be disclosed only as 57.16provided in section 
         626.556, subdivision 11, or 
         626.557, subdivision 12b.57.17    (e) Data classified as private, confidential, nonpublic, or protected nonpublic under 57.18this subdivision become public data if submitted to a court or administrative law judge as 57.19part of a disciplinary proceeding in which there is a public hearing concerning a license 57.20which has been suspended, immediately suspended, revoked, or denied.57.21    (f) Data generated in the course of licensing investigations that relate to an alleged 57.22violation of law are investigative data under subdivision 3.57.23    (g) Data that are not public data collected, maintained, used, or disseminated under 57.24this subdivision that relate to or are derived from a report as defined in section 
         626.556, 57.25subdivision 2
         , or 
         626.5572, subdivision 18, are subject to the destruction provisions of 57.26sections 
         626.556, subdivision 11c, and 
         626.557, subdivision 12b.57.27    (h) Upon request, not public data collected, maintained, used, or disseminated under 57.28this subdivision that relate to or are derived from a report of substantiated maltreatment as 57.29defined in section 
         626.556 or 
         626.557 may be exchanged with the Department of Health 57.30for purposes of completing background studies pursuant to section 
         144.057 and with 57.31the Department of Corrections for purposes of completing background studies pursuant 57.32to section 
         241.021.57.33    (i) Data on individuals collected according to licensing activities under chapters 57.34245A and 245C, data on individuals collected by the commissioner of human services 57.35according to investigations under chapters 245A, 245B, and 245C, and sections 
         626.55657.36and 
         626.557 may be shared with the Department of Human Rights, the Department 58.1of Health, the Department of Corrections, the ombudsman for mental health and 58.2developmental disabilities, and the individual's professional regulatory board when there 58.3is reason to believe that laws or standards under the jurisdiction of those agencies may 58.4have been violated or the information may otherwise be relevant to the board's regulatory 58.5jurisdiction. Background study data on an individual who is the subject of a background 58.6study under chapter 245C for a licensed service for which the commissioner of human 58.7services is the license holder may be shared with the commissioner and the commissioner's 58.8delegate by the licensing division. Unless otherwise specified in this chapter, the identity 58.9of a reporter of alleged maltreatment or licensing violations may not be disclosed.58.10    (j) In addition to the notice of determinations required under section 
         626.556, 58.11subdivision 10f
         , if the commissioner or the local social services agency has determined 58.12that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 58.13abuse, as defined in section 
         626.556, subdivision 2, and the commissioner or local social 58.14services agency knows that the individual is a person responsible for a child's care in 58.15another facility, the commissioner or local social services agency shall notify the head 58.16of that facility of this determination. The notification must include an explanation of the 58.17individual's available appeal rights and the status of any appeal. If a notice is given under 58.18this paragraph, the government entity making the notification shall provide a copy of the 58.19notice to the individual who is the subject of the notice.58.20    (k) All not public data collected, maintained, used, or disseminated under this 58.21subdivision and subdivision 3 may be exchanged between the Department of Human 58.22Services, Licensing Division, and the Department of Corrections for purposes of 58.23regulating services for which the Department of Human Services and the Department 58.24of Corrections have regulatory authority.58.25    Sec. 2. Minnesota Statutes 2013 Supplement, section 245A.03, subdivision 7, is 58.26amended to read:58.27    Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an initial 58.28license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, 58.29or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under 58.30this chapter for a physical location that will not be the primary residence of the license 58.31holder for the entire period of licensure. If a license is issued during this moratorium, and 58.32the license holder changes the license holder's primary residence away from the physical 58.33location of the foster care license, the commissioner shall revoke the license according 58.34to section 
         245A.07. The commissioner shall not issue an initial license for a community 58.35residential setting licensed under chapter 245D. Exceptions to the moratorium include:59.1(1) foster care settings that are required to be registered under chapter 144D;59.2(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or 59.3community residential setting licenses replacing adult foster care licenses in existence on 59.4December 31, 2013, and determined to be needed by the commissioner under paragraph (b);59.5(3) new foster care licenses or community residential setting licenses determined to 59.6be needed by the commissioner under paragraph (b) for the closure of a nursing facility, 59.7ICF/DD, or regional treatment center; restructuring of state-operated services that limits 59.8the capacity of state-operated facilities; or allowing movement to the community for 59.9people who no longer require the level of care provided in state-operated facilities as 59.10provided under section 
         256B.092, subdivision 13, or 
         256B.49, subdivision 24;59.11(4) new foster care licenses or community residential setting licenses determined 59.12to be needed by the commissioner under paragraph (b) for persons requiring hospital 59.13level care; or59.14(5) new foster care licenses or community residential setting licenses determined to 59.15be needed by the commissioner for the transition of people from personal care assistance 59.16to the home and community-based services.59.17(b) The commissioner shall determine the need for newly licensed foster care 59.18homes or community residential settings as defined under this subdivision. As part of the 59.19determination, the commissioner shall consider the availability of foster care capacity in 59.20the area in which the licensee seeks to operate, and the recommendation of the local 59.21county board. The determination by the commissioner must be final. A determination of 59.22need is not required for a change in ownership at the same address.59.23(c) When an adult resident served by the program moves out of a foster home 59.24that is not the primary residence of the license holder according to section 
         256B.49, 59.25subdivision 15
         , paragraph (f), or the adult community residential setting, the county 59.26shall immediately inform the Department of Human Services Licensing Division. The 59.27department shall decrease the statewide licensed capacity for adult foster care settings 59.28where the physical location is not the primary residence of the license holder, or for adult 59.29community residential settings, if the voluntary changes described in paragraph (e) are 59.30not sufficient to meet the savings required by reductions in licensed bed capacity under 59.31Laws 2011, First Special Session chapter 9, article 7, sections 1 and 40, paragraph (f), 59.32and maintain statewide long-term care residential services capacity within budgetary 59.33limits. Implementation of the statewide licensed capacity reduction shall begin on July 59.341, 2013. The commissioner shall delicense up to 128 beds by June 30, 2014, using the 59.35needs determination process. Under this paragraph, the commissioner has the authority 59.36to reduce unused licensed capacity of a current foster care program, or the community 60.1residential settings, to accomplish the consolidation or closure of settings. Under this 60.2paragraph, the commissioner has the authority to manage statewide capacity, including 60.3adjusting the capacity available to each county and adjusting statewide available capacity, 60.4to meet the statewide needs identified through the process in paragraph (e). A decreased 60.5licensed capacity according to this paragraph is not subject to appeal under this chapter.60.6(d) Residential settings that would otherwise be subject to the decreased license 60.7capacity established in paragraph (c) shall be exempt under the following circumstances:60.8(1) until August 1, 2013, the license holder's beds occupied by residents whose 60.9primary diagnosis is mental illness and the license holder is:60.10(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental 60.11health services (ARMHS) as defined in section 256B.0623;60.12(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to 60.139520.0870;60.14(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to 60.159520.0870; or60.16(iv) a provider of intensive residential treatment services (IRTS) licensed under 60.17Minnesota Rules, parts 9520.0500 to 9520.0670; or60.18(2) if the license holder's beds are occupied by residents whose primary diagnosis is 60.19mental illness and the license holder is certified under the requirements in subdivision 6a 60.20or section 
         245D.33.60.21(e) A resource need determination process, managed at the state level, using the 60.22available reports required by section 
         144A.351, and other data and information shall 60.23be used to determine where the reduced capacity required under paragraph (c) will be 60.24implemented. The commissioner shall consult with the stakeholders described in section 60.25144A.351
         , and employ a variety of methods to improve the state's capacity to meet 60.26long-term care service needs within budgetary limits, including seeking proposals from 60.27service providers or lead agencies to change service type, capacity, or location to improve 60.28services, increase the independence of residents, and better meet needs identified by the 60.29long-term care services reports and statewide data and information. By February 1, 2013, 60.30and August 1, 2014, and each following year, the commissioner shall provide information 60.31and data on the overall capacity of licensed long-term care services, actions taken under 60.32this subdivision to manage statewide long-term care services and supports resources, and 60.33any recommendations for change to the legislative committees with jurisdiction over 60.34health and human services budget.60.35    (f) At the time of application and reapplication for licensure, the applicant and the 60.36license holder that are subject to the moratorium or an exclusion established in paragraph 61.1(a) are required to inform the commissioner whether the physical location where the foster 61.2care will be provided is or will be the primary residence of the license holder for the entire 61.3period of licensure. If the primary residence of the applicant or license holder changes, the 61.4applicant or license holder must notify the commissioner immediately. The commissioner 61.5shall print on the foster care license certificate whether or not the physical location is the 61.6primary residence of the license holder.61.7    (g) License holders of foster care homes identified under paragraph (f) that are not 61.8the primary residence of the license holder and that also provide services in the foster care 61.9home that are covered by a federally approved home and community-based services 61.10waiver, as authorized under section 
         256B.0915, 
         256B.092, or 
         256B.49, must inform the 61.11human services licensing division that the license holder provides or intends to provide 61.12these waiver-funded services.61.13    Sec. 3. Minnesota Statutes 2012, section 245C.04, subdivision 1, is amended to read:61.14    Subdivision 1. Licensed programs. (a) The commissioner shall conduct a 61.15background study of an individual required to be studied under section 
         245C.03, 61.16subdivision 1
         , at least upon application for initial license for all license types.61.17    (b) The commissioner shall conduct a background study of an individual required 61.18to be studied under section 
         245C.03, subdivision 1, at reapplication for a license for 61.19family child care.61.20    (c) The commissioner is not required to conduct a study of an individual at the time 61.21of reapplication for a license if the individual's background study was completed by the 61.22commissioner of human services for an adult foster care license holder that is also: and61.23    (1) registered under chapter 144D; or61.24    (2) licensed to provide home and community-based services to people with 61.25disabilities at the foster care location and the license holder does not reside in the foster 61.26care residence; and61.27    (3) the following conditions are met:61.28    (i)(1) a study of the individual was conducted either at the time of initial licensure 61.29or when the individual became affiliated with the license holder;61.30    (ii)(2) the individual has been continuously affiliated with the license holder since 61.31the last study was conducted; and61.32    (iii)(3) the last study of the individual was conducted on or after October 1, 1995.61.33    (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall 61.34conduct a study of an individual required to be studied under section 245C.03, at the 61.35time of reapplication for a child foster care license. The county or private agency shall 62.1collect and forward to the commissioner the information required under section 245C.05, 62.2subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background 62.3study conducted by the commissioner of human services under this paragraph must 62.4include a review of the information required under section 245C.08, subdivisions 1, 62.5paragraph (a), clauses (1) to (5), 3, and 4.62.6    (e)(d) The commissioner of human services shall conduct a background study 62.7of an individual specified under section 
         245C.03, subdivision 1, paragraph (a), clauses 62.8(2) to (6), who is newly affiliated with a child foster care license holder. The county or 62.9private agency shall collect and forward to the commissioner the information required 62.10under section 
         245C.05, subdivisions 1 and 5. The background study conducted by the 62.11commissioner of human services under this paragraph must include a review of the 62.12information required under section 
         245C.08, subdivisions 1, 3, and 4.62.13    (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in 62.14paragraph (c), the commissioner shall conduct a study of an individual required to 62.15be studied under section 245C.03 at the time of reapplication for an adult foster care 62.16or family adult day services license: (1) the county shall collect and forward to the 62.17commissioner the information required under section 245C.05, subdivision 1, paragraphs 62.18(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted 62.19by the commissioner for all family adult day services and for adult foster care when 62.20the adult foster care license holder resides in the adult foster care or family adult day 62.21services residence; (2) the license holder shall collect and forward to the commissioner 62.22the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); 62.23and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for 62.24adult foster care when the license holder does not reside in the adult foster care residence; 62.25and (3) the background study conducted by the commissioner under this paragraph must 62.26include a review of the information required under section 245C.08, subdivision 1, 62.27paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.62.28(g) (e) The commissioner shall conduct a background study of an individual 62.29specified under section 
         245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is 62.30newly affiliated with an adult foster care or family adult day services license holder: (1) 62.31the county shall collect and forward to the commissioner the information required under 62.32section 
         245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a) 62.33and (b), for background studies conducted by the commissioner for all family adult day 62.34services and for adult foster care when the adult foster care license holder resides in 62.35the adult foster care residence; (2) the license holder shall collect and forward to the 62.36commissioner the information required under section 
         245C.05, subdivisions 1, paragraphs 63.1(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the 63.2commissioner for adult foster care when the license holder does not reside in the adult 63.3foster care residence; and (3) the background study conducted by the commissioner under 63.4this paragraph must include a review of the information required under section 
         245C.08, 63.5subdivision 1
         , paragraph (a), and subdivisions 3 and 4.63.6(h) (f) Applicants for licensure, license holders, and other entities as provided in 63.7this chapter must submit completed background study forms to the commissioner before 63.8individuals specified in section 
         245C.03, subdivision 1, begin positions allowing direct 63.9contact in any licensed program.63.10    (i) (g) A license holder must initiate a new background study through the 63.11commissioner's online background study system when:63.12    (1) an individual returns to a position requiring a background study following an 63.13absence of 90 or more consecutive days; or63.14    (2) a program that discontinued providing licensed direct contact services for 90 or 63.15more consecutive days begins to provide direct contact licensed services again.63.16    The license holder shall maintain a copy of the notification provided to 63.17the commissioner under this paragraph in the program's files. If the individual's 63.18disqualification was previously set aside for the license holder's program and the new 63.19background study results in no new information that indicates the individual may pose a 63.20risk of harm to persons receiving services from the license holder, the previous set-aside 63.21shall remain in effect.63.22    (j) (h) For purposes of this section, a physician licensed under chapter 147 is 63.23considered to be continuously affiliated upon the license holder's receipt from the 63.24commissioner of health or human services of the physician's background study results.63.25(k) (i) For purposes of family child care, a substitute caregiver must receive repeat 63.26background studies at the time of each license renewal.63.27    Sec. 4. Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:63.28    Subd. 5. Fingerprints. (a) Except as provided in paragraph (c), for any background 63.29study completed under this chapter, when the commissioner has reasonable cause to 63.30believe that further pertinent information may exist on the subject of the background 63.31study, the subject shall provide the commissioner with a set of classifiable fingerprints 63.32obtained from an authorized agency.63.33    (b) For purposes of requiring fingerprints, the commissioner has reasonable cause 63.34when, but not limited to, the:64.1    (1) information from the Bureau of Criminal Apprehension indicates that the subject 64.2is a multistate offender;64.3    (2) information from the Bureau of Criminal Apprehension indicates that multistate 64.4offender status is undetermined; or64.5    (3) commissioner has received a report from the subject or a third party indicating 64.6that the subject has a criminal history in a jurisdiction other than Minnesota.64.7    (c) Except as specified under section 245C.04, subdivision 1, paragraph (d), For 64.8background studies conducted by the commissioner for child foster care or adoptions, 64.9the subject of the background study, who is 18 years of age or older, shall provide the 64.10commissioner with a set of classifiable fingerprints obtained from an authorized agency.64.11    Sec. 5. Minnesota Statutes 2012, section 626.556, subdivision 3c, is amended to read:64.12    Subd. 3c. Local welfare agency, Department of Human Services or Department 64.13of Health responsible for assessing or investigating reports of maltreatment. (a) 64.14The county local welfare agency is the agency responsible for assessing or investigating 64.15allegations of maltreatment in child foster care, family child care, legally unlicensed 64.16child care, juvenile correctional facilities licensed under section 241.021 located in the 64.17local welfare agency's county, and reports involving children served by an unlicensed 64.18personal care provider organization under section 
         256B.0659. Copies of findings related 64.19to personal care provider organizations under section 
         256B.0659 must be forwarded to 64.20the Department of Human Services provider enrollment.64.21(b) The Department of Human Services is the agency responsible for assessing or 64.22investigating allegations of maltreatment in facilities licensed under chapters 245A and 64.23245B, except for child foster care and family child care.64.24(c) The Department of Health is the agency responsible for assessing or investigating 64.25allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58 64.26and 
         144A.46.64.27(d) The commissioners of human services, public safety, and education must 64.28jointly submit a written report by January 15, 2007, to the education policy and finance 64.29committees of the legislature recommending the most efficient and effective allocation 64.30of agency responsibility for assessing or investigating reports of maltreatment and must 64.31specifically address allegations of maltreatment that currently are not the responsibility 64.32of a designated agency.64.33    Sec. 6. REVISOR'S INSTRUCTION.65.1The revisor of statutes shall make necessary technical cross-reference changes in 65.2Minnesota Statutes and Minnesota Rules to conform with the sections and parts repealed 65.3in articles 1 to 5.65.4    Sec. 7. REPEALER.65.5Minnesota Statutes 2012, sections 245A.02, subdivision 7b; 245A.09, subdivision 65.612; and 245A.11, subdivision 5, are repealed.