1.1 	A bill for an act
1.2 	relating to state government; establishing the health and human services budget; 
1.3 	modifying provisions governing children and family services, chemical and 
1.4 	mental health services, withdrawal management programs, direct care and 
1.5 	treatment, operations, health care, continuing care, and Department of Health 
1.6 	programs; making changes to medical assistance, general assistance, Minnesota 
1.7 	supplemental aid, Northstar Care for Children, MinnesotaCare, child care 
1.8 	assistance, and group residential housing programs; modifying child support 
1.9 	provisions; establishing standards for withdrawal management programs; 
1.10 	modifying requirements for background studies; making changes to provisions 
1.11 	governing the health information exchange; requiring reports; making technical 
1.12 	changes; modifying certain fees for Department of Health programs; modifying 
1.13 	fees of certain health-related licensing boards; appropriating money;amending 
1.14 	Minnesota Statutes 2014, sections 62A.045; 62J.498; 62J.4981; 62J.4982, 
1.15 	subdivisions 4, 5; 62V.05, subdivision 6; 119B.07; 119B.10, subdivision 1; 
1.16 	119B.11, subdivision 2a; 124D.165, subdivision 4; 144.057, subdivision 1; 
1.17 	144.291, subdivision 2; 144.293, subdivision 8; 144.298, subdivisions 2, 3; 
1.18 	144.3831, subdivision 1; 144.9501, subdivisions 6d, 22b, 26b, by adding 
1.19 	subdivisions; 144.9505; 144.9508; 144A.70, subdivision 6, by adding a 
1.20 	subdivision; 144A.71; 144A.72; 144A.73; 144D.01, by adding a subdivision; 
1.21 	145A.131, subdivision 1; 148.57, subdivisions 1, 2; 148.59; 148E.180, 
1.22 	subdivisions 2, 5; 149A.20, subdivisions 5, 6; 149A.40, subdivision 11; 149A.65; 
1.23 	149A.92, subdivision 1; 149A.97, subdivision 7; 150A.091, subdivisions 4, 5, 
1.24 	11, by adding subdivisions; 150A.31; 151.065, subdivisions 1, 2, 3, 4; 157.16; 
1.25 	174.30, by adding a subdivision; 245.4661, subdivision 5; 245C.03, by adding 
1.26 	subdivisions; 245C.08, subdivision 1; 245C.10, by adding subdivisions; 245C.12; 
1.27 	246.54, subdivision 1; 246B.01, subdivision 2b; 246B.10; 254B.05, subdivision 
1.28 	5; 256.01, by adding subdivisions; 256.015, subdivision 7; 256.017, subdivision 
1.29 	1; 256.478; 256.741, subdivisions 1, 2; 256.962, by adding a subdivision; 
1.30 	256.969, subdivisions 1, 2b, 9; 256.975, subdivision 8; 256B.059, subdivision 
1.31 	5; 256B.0615, subdivision 3; 256B.0622, subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, 
1.32 	by adding a subdivision; 256B.0624, subdivision 7; 256B.0625, subdivisions 9, 
1.33 	13h, 58, by adding a subdivision; 256B.0631; 256B.0757; 256B.092, subdivision 
1.34 	13; 256B.49, subdivision 24; 256B.75; 256B.76, subdivisions 2, 4; 256D.01, 
1.35 	subdivision 1b; 256D.44, subdivisions 2, 5; 256I.01; 256I.02; 256I.03; 256I.04; 
1.36 	256I.05, subdivisions 1c, 1g, by adding a subdivision; 256I.06; 256L.01, 
1.37 	subdivisions 3a, 5; 256L.03, subdivision 5; 256L.04, subdivisions 1a, 1c, 7b, 10; 
1.38 	256L.05, subdivisions 3, 3a, 4, by adding a subdivision; 256L.06, subdivision 
1.39 	3; 256L.11, subdivision 7; 256L.121, subdivision 1; 256L.15, subdivision 2; 
2.1 	256N.22, subdivisions 9, 10; 256N.24, subdivision 4; 256N.25, subdivision 1; 
2.2 	256N.27, subdivision 2; 259A.75; 260C.007, subdivisions 27, 32; 260C.203; 
2.3 	260C.212, subdivision 1, by adding subdivisions; 260C.221; 260C.331, 
2.4 	subdivision 1; 260C.451, subdivisions 2, 6; 260C.515, subdivision 5; 260C.521, 
2.5 	subdivisions 1, 2; 260C.607, subdivision 4; 282.241, subdivision 1; 297A.70, 
2.6 	subdivision 7; 514.73; 514.981, subdivision 2; 518A.32, subdivision 2; 518A.39, 
2.7 	subdivision 1, by adding a subdivision; 518A.41, subdivisions 1, 3, 4, 14, 15; 
2.8 	518A.46, subdivision 3, by adding a subdivision; 518A.51; 518A.53, subdivision 
2.9 	4; 518C.802; 580.032, subdivision 1; Laws 2014, chapter 189, sections 5; 10; 
2.10 	11; 16; 17; 18; 19; 23; 24; 27; 28; 29; 31; 43; 50; 51; 73; proposing coding for 
2.11 	new law in Minnesota Statutes, chapters 15; 119B; 144; 144D; 245; 246B; 256B; 
2.12 	proposing coding for new law as Minnesota Statutes, chapter 245F; repealing 
2.13 	Minnesota Statutes 2014, sections 124D.142; 256.969, subdivision 30; 256B.69, 
2.14 	subdivision 32; 256L.02, subdivision 3; 256L.05, subdivisions 1b, 1c, 3c, 5; 
2.15 	Minnesota Rules, part 8840.5900, subparts 12, 14.
2.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.17 	ARTICLE 1
2.18 	CHILDREN AND FAMILY SERVICES

2.19 	Section 1. Minnesota Statutes 2014, section 119B.07, is amended to read:
2.20 	119B.07 USE OF MONEY.
2.21 		Subdivision 1.Uses of money. (a) Money for persons listed in sections 119B.03, 
2.22 	subdivision 3, and 119B.05, subdivision 1, shall be used to reduce the costs of child care 
2.23 	for students, including the costs of child care for students while employed if enrolled in an 
2.24 	eligible education program at the same time and making satisfactory progress towards 
2.25 	completion of the program. Counties may not limit the duration of child care subsidies for 
2.26 	a person in an employment or educational program, except when the person is found to be 
2.27 	ineligible under the child care fund eligibility standards. Any limitation must be based 
2.28 	on a person's employment plan in the case of an MFIP participant, and county policies 
2.29 	included in the child care fund plan. The maximum length of time a student is eligible for 
2.30 	child care assistance under the child care fund for education and training is no more than 
2.31 	the time necessary to complete the credit requirements for an associate or baccalaureate 
2.32 	degree as determined by the educational institution, excluding basic or remedial education 
2.33 	programs needed to prepare for postsecondary education or employment.
2.34 		Subd. 2.Eligibility. (b) To be eligible, the student must be in good standing 
2.35 	and be making satisfactory progress toward the degree. Time limitations for child care 
2.36 	assistance do not apply to basic or remedial educational programs needed to prepare 
2.37 	for postsecondary education or employment. These programs include: high school, 
2.38 	general equivalency diploma, and English as a second language. Programs exempt from 
2.39 	this time limit must not run concurrently with a postsecondary program. If an MFIP 
2.40 	participant who is receiving MFIP child care assistance under this chapter moves to 
3.1 	another county, continues to participate in educational or training programs authorized in 
3.2 	their employment plans, and continues to be eligible for MFIP child care assistance under 
3.3 	this chapter, the MFIP participant must receive continued child care assistance from the 
3.4 	county responsible for their current employment plan, under section 256G.07.
3.5 		Subd. 3.Amount of child care assistance authorized. (a) If the student meets the 
3.6 	conditions of subdivisions 1 and 2, child care assistance must be authorized for all hours 
3.7 	of actual class time and credit hours, including independent study and internships; up to 
3.8 	two hours of travel time per day; and, for postsecondary students, two hours per week 
3.9 	per credit hour for study time and academic appointments. For an MFIP or DWP student 
3.10 	whose employment plan specifies a different time frame, child care assistance must be 
3.11 	authorized according to the time frame specified in the employment plan.
3.12 	(b) The amount of child care assistance authorized must take into consideration the 
3.13 	amount of time the parent reports on the application or redetermination form that the child 
3.14 	attends preschool, a Head Start program, or school while the parent is participating in 
3.15 	the parent's authorized activity.
3.16 	(c) When the conditions in paragraph (d) do not apply, the applicant's or participant's 
3.17 	activity schedule does not need to be verified. The amount of child care assistance 
3.18 	authorized may be used during the applicant's or participant's activity or at other times, as 
3.19 	determined by the family, to meet the developmental needs of the child.
3.20 	(d) Care must be authorized based on the applicant's or participant's verified activity 
3.21 	schedule when:
3.22 	(1) the family requests to regularly receive care from more than one provider per child;
3.23 	(2) the family requests a legal nonlicensed provider;
3.24 	(3) the family includes more than one applicant or participant; or
3.25 	(4) an applicant or participant is employed by a child care center.

3.26 	EFFECTIVE DATE. This section is effective January 1, 2016.

3.27 	Sec. 2. Minnesota Statutes 2014, section 119B.10, subdivision 1, is amended to read:
3.28 		Subdivision 1.Assistance for persons seeking and retaining employment. (a) 
3.29 	Persons who are seeking employment and who are eligible for assistance under this 
3.30 	section are eligible to receive up to 240 hours of child care assistance per calendar year.
3.31 	(b) Employed persons who work at least an average of 20 hours and full-time 
3.32 	students who work at least an average of ten hours a week and receive at least a minimum 
3.33 	wage for all hours worked are eligible for continued child care assistance for employment. 
3.34 	For purposes of this section, work-study programs must be counted as employment. Child 
4.1 	care assistance during employment for employed participants must be authorized as 
4.2 	provided in paragraphs (c) and, (d), (e), (f), and (g).
4.3 	(c) When the person works for an hourly wage and the hourly wage is equal to or 
4.4 	greater than the applicable minimum wage, child care assistance shall be provided for the 
4.5 	actual hours of employment, break, and mealtime during the employment and travel time 
4.6 	up to two hours per day.
4.7 	(d) When the person does not work for an hourly wage, child care assistance must be 
4.8 	provided for the lesser of:
4.9 	(1) the amount of child care determined by dividing gross earned income by the 
4.10 	applicable minimum wage, up to one hour every eight hours for meals and break time, 
4.11 	plus up to two hours per day for travel time; or
4.12 	(2) the amount of child care equal to the actual amount of child care used during 
4.13 	employment, including break and mealtime during employment, and travel time up to 
4.14 	two hours per day.
4.15 	(e) The amount of child care assistance authorized must take into consideration the 
4.16 	amount of time the parent reports on the application or redetermination form that the child 
4.17 	attends preschool, a Head Start program, or school while the parent is participating in 
4.18 	the parent's authorized activity.
4.19 	(f) When the conditions in paragraph (g) do not apply, the applicant's or participant's 
4.20 	activity schedule does not need to be verified. The amount of child care assistance 
4.21 	authorized may be used during the applicant's or participant's activity or at other times, as 
4.22 	determined by the family, to meet the developmental needs of the child.
4.23 	(g) Care must be authorized based on the applicant's or participant's verified activity 
4.24 	schedule when:
4.25 	(1) the family requests to regularly receive care from more than one provider per child;
4.26 	(2) the family requests a legal nonlicensed provider;
4.27 	(3) the family includes more than one applicant or participant; or
4.28 	(4) an applicant or participant is employed by a child care center.

4.29 	EFFECTIVE DATE. This section is effective January 1, 2016.

4.30 	Sec. 3. Minnesota Statutes 2014, section 119B.11, subdivision 2a, is amended to read:
4.31 		Subd. 2a.Recovery of overpayments. (a) An amount of child care assistance 
4.32 	paid to a recipient or provider in excess of the payment due is recoverable by the county 
4.33 	agency under paragraphs (b) and (c), even when the overpayment was caused by agency 
4.34 	error or circumstances outside the responsibility and control of the family or provider.
4.35 	Notwithstanding any provision to the contrary in this subdivision, an overpayment must 
5.1 	be recovered, regardless of amount or time period, if the overpayment was caused by 
5.2 	wrongfully obtaining assistance under section 256.98 or benefits paid while an action is 
5.3 	pending appeal under section 119B.16, to the extent the commissioner finds on appeal that 
5.4 	the appellant was not eligible for the amount of child care assistance paid.
5.5 	(b) An overpayment must be recouped or recovered from the family if the 
5.6 	overpayment benefited the family by causing the family to pay less for child care expenses 
5.7 	than the family otherwise would have been required to pay under child care assistance 
5.8 	program requirements. Family overpayments must be established and recovered in 
5.9 	accordance with clauses (1) to (5).
5.10 	(1) If the overpayment is estimated to be less than $500, the overpayment must not be 
5.11 	established or collected. Any portion of the overpayment that occurred more than one year 
5.12 	prior to the date of the overpayment determination must not be established or collected.
5.13 	(2) If the family remains eligible for child care assistance and an overpayment is 
5.14 	established, the overpayment must be recovered through recoupment as identified in 
5.15 	Minnesota Rules, part 3400.0187, except that the overpayments must be calculated and 
5.16 	collected on a service period basis. If the family no longer remains eligible for child 
5.17 	care assistance, the county may choose to initiate efforts to recover overpayments from 
5.18 	the family for overpayment less than $50.
5.19 	(3) If the family is no longer eligible for child care assistance and an overpayment 
5.20 	is greater than or equal to $50 established, the county shall seek voluntary repayment of 
5.21 	the overpayment from the family.
5.22 	(4) If the county is unable to recoup the overpayment through voluntary repayment, 
5.23 	the county shall initiate civil court proceedings to recover the overpayment unless the 
5.24 	county's costs to recover the overpayment will exceed the amount of the overpayment.
5.25 	(5) A family with an outstanding debt under this subdivision is not eligible for 
5.26 	child care assistance until: 
5.27 	(1) (i) the debt is paid in full; or 
5.28 	(2) (ii) satisfactory arrangements are made with the county to retire the debt 
5.29 	consistent with the requirements of this chapter and Minnesota Rules, chapter 3400, and 
5.30 	the family is in compliance with the arrangements.
5.31 	(c) The county must recover an overpayment from a provider if the overpayment did 
5.32 	not benefit the family by causing it to receive more child care assistance or to pay less 
5.33 	for child care expenses than the family otherwise would have been eligible to receive 
5.34 	or required to pay under child care assistance program requirements, and benefited the 
5.35 	provider by causing the provider to receive more child care assistance than otherwise 
5.36 	would have been paid on the family's behalf under child care assistance program 
6.1 	requirements. If the provider continues to care for children receiving child care assistance, 
6.2 	the overpayment must be recovered through reductions in child care assistance payments 
6.3 	for services as described in an agreement with the county. The provider may not charge 
6.4 	families using that provider more to cover the cost of recouping the overpayment. If the 
6.5 	provider no longer cares for children receiving child care assistance, the county may 
6.6 	choose to initiate efforts to recover overpayments of less than $50 from the provider. If the 
6.7 	overpayment is greater than or equal to $50, the county shall seek voluntary repayment of 
6.8 	the overpayment from the provider. If the county is unable to recoup the overpayment 
6.9 	through voluntary repayment, the county shall initiate civil court proceedings to recover 
6.10 	the overpayment unless the county's costs to recover the overpayment will exceed the 
6.11 	amount of the overpayment. A provider with an outstanding debt under this subdivision is 
6.12 	not eligible to care for children receiving child care assistance until:
6.13 	(1) the debt is paid in full; or
6.14 	(2) satisfactory arrangements are made with the county to retire the debt consistent 
6.15 	with the requirements of this chapter and Minnesota Rules, chapter 3400, and the provider 
6.16 	is in compliance with the arrangements.
6.17 	(d) When both the family and the provider acted together to intentionally cause the 
6.18 	overpayment, both the family and the provider are jointly liable for the overpayment 
6.19 	regardless of who benefited from the overpayment. The county must recover the 
6.20 	overpayment as provided in paragraphs (b) and (c). When the family or the provider is in 
6.21 	compliance with a repayment agreement, the party in compliance is eligible to receive 
6.22 	child care assistance or to care for children receiving child care assistance despite the 
6.23 	other party's noncompliance with repayment arrangements.
6.24 	(e) An overpayment caused by agency error must not be established or collected. 
6.25 	An overpayment caused by more than one reason must not be established or collected 
6.26 	if any portion of the overpayment is due to agency error. This paragraph does not 
6.27 	apply if the overpayment was caused in part by wrongfully obtaining assistance under 
6.28 	section 256.98 or benefits paid pending appeal under section 119B.16, to the extent that 
6.29 	the commissioner finds on appeal that the appellant was not eligible for the amount of 
6.30 	child care assistance paid.

6.31 	EFFECTIVE DATE. This section is effective January 1, 2016.

6.32 	Sec. 4. [119B.27] QUALITY RATING AND IMPROVEMENT SYSTEM.
6.33 		Subdivision 1.Establishment; purpose. A voluntary quality rating and 
6.34 	improvement system is established to ensure that Minnesota's children have access to 
7.1 	high-quality early childhood programs in a range of settings in order to improve the 
7.2 	educational outcomes of children so that they are ready for school.
7.3 		Subd. 2.Standards. The commissioner of human services, in cooperation with the 
7.4 	commissioner of health and the commissioner of education, shall create quality standards 
7.5 	and indicators using research-based practices.
7.6 		Subd. 3.Eligible early childhood programs. Early childhood programs eligible to 
7.7 	participate in the voluntary quality rating and improvement system include:
7.8 	(1) child care centers licensed under Minnesota Rules, chapter 9503;
7.9 	(2) family and group family day care homes licensed under Minnesota Rules, 
7.10 	chapter 9502;
7.11 	(3) Head Start programs under section 119A.50;
7.12 	(4) school readiness programs under section 124D.15;
7.13 	(5) early childhood special education programs under chapter 125A;
7.14 	(6) tribally licensed early childhood programs; and
7.15 	(7) other program types as determined by the commissioner.
7.16 		Subd. 4.Duties. For each eligible early childhood program that voluntarily seeks a 
7.17 	rating, the commissioner shall:
7.18 	(1) assess program quality using established quality standards and indicators;
7.19 	(2) determine a rating or determine that no rating was earned;
7.20 	(3) issue a rating;
7.21 	(4) reassess a rating if the early childhood program:
7.22 	(i) believes one or more errors was made in the program's quality assessment; and
7.23 	(ii) requests reconsideration of the rating in writing to the commissioner within 
7.24 	60 days of the issuance date of the rating;
7.25 	(5) revoke a rating under any of the following conditions:
7.26 	(i) a licensed early childhood program is issued a conditional license or a licensing 
7.27 	sanction under chapter 245A;
7.28 	(ii) an early childhood program, provider, or person knowingly withholds relevant 
7.29 	information from or gives false or misleading information to an assessor in the quality 
7.30 	rating assessment process;
7.31 	(iii) an early childhood program, provider, or person is disqualified from receiving 
7.32 	payment for child care services from the child care assistance program under this chapter, 
7.33 	due to wrongfully obtaining child care assistance under section 256.98, subdivision 8, 
7.34 	paragraph (c);
8.1 	(iv) an early childhood program, provider, or person has a determination of 
8.2 	substantiated financial misconduct in early learning scholarships under section 124D.165; 
8.3 	or
8.4 	(v) an early childhood program is no longer eligible under subdivision 3; and
8.5 	(6) make rating information publicly available to consumers.

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

8.7 	Sec. 5. Minnesota Statutes 2014, section 124D.165, subdivision 4, is amended to read:
8.8 		Subd. 4.Early childhood program eligibility. (a) In order to be eligible to accept 
8.9 	an early learning scholarship, a program must:
8.10 	(1) participate in the quality rating and improvement system under section 124D.142
8.11 	119B.27; and
8.12 	(2) beginning July 1, 2016, have a three- or four-star rating in the quality rating 
8.13 	and improvement system.
8.14 	(b) Any program accepting scholarships must use the revenue to supplement and not 
8.15 	supplant federal funding.
8.16 	(c) Notwithstanding paragraph (a), all Minnesota early learning foundation 
8.17 	scholarship program pilot sites are eligible to accept an early learning scholarship under 
8.18 	this section.

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

8.20 	Sec. 6. Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision 
8.21 	to read:
8.22 		Subd. 10.Providers of group residential housing or supplementary services.
 8.23 	The commissioner shall conduct background studies on any individual required under 
8.24 	section 256I.04 to have a background study completed under this chapter.

8.25 	EFFECTIVE DATE. This section is effective July 1, 2016.

8.26 	Sec. 7. Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision 
8.27 	to read:
8.28 		Subd. 11.Providers of group residential housing or supplementary services.
 8.29 	The commissioner shall recover the cost of background studies initiated by providers of 
8.30 	group residential housing or supplementary services under section 256I.04 through a fee 
8.31 	of no more than $20 per study. The fees collected under this subdivision are appropriated 
8.32 	to the commissioner for the purpose of conducting background studies.

9.1 	EFFECTIVE DATE. This section is effective July 1, 2016.

9.2 	Sec. 8. Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision 
9.3 	to read:
9.4 		Subd. 14c.Early intervention support and services for at-risk American Indian 
9.5 	families. (a) The commissioner shall authorize grants to tribal child welfare agencies and 
9.6 	urban Indian organizations for the purpose of providing early intervention support and 
9.7 	services to prevent child maltreatment for at-risk American Indian families.
9.8 	(b) The commissioner is authorized to develop program eligibility criteria, early 
9.9 	intervention service delivery procedures, and reporting requirements for agencies and 
9.10 	organizations receiving grants.

9.11 	Sec. 9. Minnesota Statutes 2014, section 256.017, subdivision 1, is amended to read:
9.12 		Subdivision 1.Authority and purpose. The commissioner shall administer a 
9.13 	compliance system for the Minnesota family investment program, the food stamp or 
9.14 	food support program, emergency assistance, general assistance, medical assistance, 
9.15 	emergency general assistance, Minnesota supplemental assistance, group residential 
9.16 	housing and housing assistance, preadmission screening, alternative care grants, the child 
9.17 	care assistance program, and all other programs administered by the commissioner or on 
9.18 	behalf of the commissioner under the powers and authorities named in section 256.01, 
9.19 	subdivision 2. The purpose of the compliance system is to permit the commissioner to 
9.20 	supervise the administration of public assistance programs and to enforce timely and 
9.21 	accurate distribution of benefits, completeness of service and efficient and effective 
9.22 	program management and operations, to increase uniformity and consistency in the 
9.23 	administration and delivery of public assistance programs throughout the state, and to 
9.24 	reduce the possibility of sanctions and fiscal disallowances for noncompliance with federal 
9.25 	regulations and state statutes. The commissioner, or the commissioner's representative, 
9.26 	may issue administrative subpoenas as needed in administering the compliance system.
9.27 	The commissioner shall utilize training, technical assistance, and monitoring 
9.28 	activities, as specified in section 256.01, subdivision 2, to encourage county agency 
9.29 	compliance with written policies and procedures.

9.30 	Sec. 10. Minnesota Statutes 2014, section 256.741, subdivision 1, is amended to read:
9.31 		Subdivision 1.Definitions. (a) The term "direct support" as used in this chapter and 
9.32 	chapters 257, 518, 518A, and 518C refers to an assigned support payment from an obligor 
9.33 	which is paid directly to a recipient of public assistance.
10.1 	(b) The term "public assistance" as used in this chapter and chapters 257, 518, 518A, 
10.2 	and 518C, includes any form of assistance provided under the AFDC program formerly 
10.3 	codified in sections 256.72 to 256.87, MFIP and MFIP-R formerly codified under chapter 
10.4 	256, MFIP under chapter 256J, work first program formerly codified under chapter 256K; 
10.5 	child care assistance provided through the child care fund under chapter 119B; any form 
10.6 	of medical assistance under chapter 256B; MinnesotaCare under chapter 256L; and foster 
10.7 	care as provided under title IV-E of the Social Security Act. MinnesotaCare and health 
10.8 	plans subsidized by federal premium tax credits or federal cost-sharing reductions are not 
10.9 	considered public assistance for purposes of a child support referral.
10.10 	(c) The term "child support agency" as used in this section refers to the public 
10.11 	authority responsible for child support enforcement.
10.12 	(d) The term "public assistance agency" as used in this section refers to a public 
10.13 	authority providing public assistance to an individual.
10.14 	(e) The terms "child support" and "arrears" as used in this section have the meanings 
10.15 	provided in section 518A.26.
10.16 	(f) The term "maintenance" as used in this section has the meaning provided in 
10.17 	section 518.003.

10.18 	Sec. 11. Minnesota Statutes 2014, section 256.741, subdivision 2, is amended to read:
10.19 		Subd. 2.Assignment of support and maintenance rights. (a) An individual 
10.20 	receiving public assistance in the form of assistance under any of the following programs: 
10.21 	the AFDC program formerly codified in sections 256.72 to 256.87, MFIP under chapter 
10.22 	256J, MFIP-R and MFIP formerly codified under chapter 256, or work first program 
10.23 	formerly codified under chapter 256K is considered to have assigned to the state at the 
10.24 	time of application all rights to child support and maintenance from any other person the 
10.25 	applicant or recipient may have in the individual's own behalf or in the behalf of any other 
10.26 	family member for whom application for public assistance is made. An assistance unit is 
10.27 	ineligible for the Minnesota family investment program unless the caregiver assigns all 
10.28 	rights to child support and maintenance benefits according to this section.
10.29 	(1) The assignment is effective as to any current child support and current 
10.30 	maintenance.
10.31 	(2) Any child support or maintenance arrears that accrue while an individual is 
10.32 	receiving public assistance in the form of assistance under any of the programs listed in 
10.33 	this paragraph are permanently assigned to the state.
11.1 	(3) The assignment of current child support and current maintenance ends on the 
11.2 	date the individual ceases to receive or is no longer eligible to receive public assistance 
11.3 	under any of the programs listed in this paragraph.
11.4 	(b) An individual receiving public assistance in the form of medical assistance, 
11.5 	including MinnesotaCare, is considered to have assigned to the state at the time of 
11.6 	application all rights to medical support from any other person the individual may have 
11.7 	in the individual's own behalf or in the behalf of any other family member for whom 
11.8 	medical assistance is provided.
11.9 	(1) An assignment made after September 30, 1997, is effective as to any medical 
11.10 	support accruing after the date of medical assistance or MinnesotaCare eligibility.
11.11 	(2) Any medical support arrears that accrue while an individual is receiving public 
11.12 	assistance in the form of medical assistance, including MinnesotaCare, are permanently 
11.13 	assigned to the state.
11.14 	(3) The assignment of current medical support ends on the date the individual ceases 
11.15 	to receive or is no longer eligible to receive public assistance in the form of medical 
11.16 	assistance or MinnesotaCare.
11.17 	(c) An individual receiving public assistance in the form of child care assistance 
11.18 	under the child care fund pursuant to chapter 119B is considered to have assigned to the 
11.19 	state at the time of application all rights to child care support from any other person the 
11.20 	individual may have in the individual's own behalf or in the behalf of any other family 
11.21 	member for whom child care assistance is provided.
11.22 	(1) The assignment is effective as to any current child care support.
11.23 	(2) Any child care support arrears that accrue while an individual is receiving public 
11.24 	assistance in the form of child care assistance under the child care fund in chapter 119B 
11.25 	are permanently assigned to the state.
11.26 	(3) The assignment of current child care support ends on the date the individual 
11.27 	ceases to receive or is no longer eligible to receive public assistance in the form of child 
11.28 	care assistance under the child care fund under chapter 119B.

11.29 	Sec. 12. Minnesota Statutes 2014, section 256D.01, subdivision 1b, is amended to read:
11.30 		Subd. 1b.Rules. The commissioner shall adopt rules to set standards of assistance 
11.31 	and methods of calculating payment to conform with subdivision 1a. When a recipient 
11.32 	is receiving housing assistance according to section 256I.04, subdivision 1, paragraph 
11.33 	(d), or is a resident of a licensed residential facility, except shelters for the homeless or 
11.34 	shelters under section 611A.31, the recipient is not eligible for a full general assistance 
11.35 	standard. The state standard of assistance for those recipients who have personal needs not 
12.1 	otherwise provided for is the personal needs allowance authorized for medical assistance 
12.2 	recipients under section 256B.35.

12.3 	EFFECTIVE DATE. This section is effective February 1, 2017.

12.4 	Sec. 13. Minnesota Statutes 2014, section 256D.44, subdivision 2, is amended to read:
12.5 		Subd. 2.Standard of assistance for certain persons. The state standard 
12.6 	of assistance for a person who: (1) is eligible for a medical assistance home and 
12.7 	community-based services waiver; or (2) has been determined by the local agency to meet 
12.8 	the plan eligibility requirements for placement in a group residential housing facility
12.9 	under section 256I.04, subdivision 1a; or (3) is eligible for a shelter needy payment under 
12.10 	subdivision 5, paragraph (f), is the standard established in subdivision 3, paragraph (a) 
12.11 	or (b).

12.12 	EFFECTIVE DATE. The amendment to this section striking clause (3) is effective 
12.13 	February 1, 2017.

12.14 	Sec. 14. Minnesota Statutes 2014, section 256D.44, subdivision 5, is amended to read:
12.15 		Subd. 5.Special needs. In addition to the state standards of assistance established in 
12.16 	subdivisions 1 to 4, payments are allowed for the following special needs of recipients of 
12.17 	Minnesota supplemental aid who are not residents of a nursing home, a regional treatment 
12.18 	center, or a group residential housing facility.
12.19 	(a) The county agency shall pay a monthly allowance for medically prescribed 
12.20 	diets if the cost of those additional dietary needs cannot be met through some other 
12.21 	maintenance benefit. The need for special diets or dietary items must be prescribed by 
12.22 	a licensed physician. Costs for special diets shall be determined as percentages of the 
12.23 	allotment for a one-person household under the thrifty food plan as defined by the United 
12.24 	States Department of Agriculture. The types of diets and the percentages of the thrifty 
12.25 	food plan that are covered are as follows:
12.26 	(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
12.27 	(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent 
12.28 	of thrifty food plan;
12.29 	(3) controlled protein diet, less than 40 grams and requires special products, 125 
12.30 	percent of thrifty food plan;
12.31 	(4) low cholesterol diet, 25 percent of thrifty food plan;
12.32 	(5) high residue diet, 20 percent of thrifty food plan;
12.33 	(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
13.1 	(7) gluten-free diet, 25 percent of thrifty food plan;
13.2 	(8) lactose-free diet, 25 percent of thrifty food plan;
13.3 	(9) antidumping diet, 15 percent of thrifty food plan;
13.4 	(10) hypoglycemic diet, 15 percent of thrifty food plan; or
13.5 	(11) ketogenic diet, 25 percent of thrifty food plan.
13.6 	(b) Payment for nonrecurring special needs must be allowed for necessary home 
13.7 	repairs or necessary repairs or replacement of household furniture and appliances using 
13.8 	the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, 
13.9 	as long as other funding sources are not available.
13.10 	(c) A fee for guardian or conservator service is allowed at a reasonable rate 
13.11 	negotiated by the county or approved by the court. This rate shall not exceed five percent 
13.12 	of the assistance unit's gross monthly income up to a maximum of $100 per month. If the 
13.13 	guardian or conservator is a member of the county agency staff, no fee is allowed.
13.14 	(d) The county agency shall continue to pay a monthly allowance of $68 for 
13.15 	restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 
13.16 	1990, and who eats two or more meals in a restaurant daily. The allowance must continue 
13.17 	until the person has not received Minnesota supplemental aid for one full calendar month 
13.18 	or until the person's living arrangement changes and the person no longer meets the criteria 
13.19 	for the restaurant meal allowance, whichever occurs first.
13.20 	(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, 
13.21 	is allowed for representative payee services provided by an agency that meets the 
13.22 	requirements under SSI regulations to charge a fee for representative payee services. This 
13.23 	special need is available to all recipients of Minnesota supplemental aid regardless of 
13.24 	their living arrangement.
13.25 	(f)(1) Notwithstanding the language in this subdivision, an amount equal to 
13.26 	the maximum allotment authorized by the federal Food Stamp Program for a single 
13.27 	individual which is in effect on the first day of July of each year will be added to the 
13.28 	standards of assistance established in subdivisions 1 to 4 for adults under the age of 
13.29 	65 who qualify as shelter needy and are: (i) relocating from an institution, or an adult 
13.30 	mental health residential treatment program under section 256B.0622; or (ii) home and 
13.31 	community-based waiver recipients living in their own home or rented or leased apartment 
13.32 	which is not owned, operated, or controlled by a provider of service not related by blood 
13.33 	or marriage, unless allowed under paragraph (g).
13.34 	(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the 
13.35 	shelter needy benefit under this paragraph is considered a household of one. An eligible 
14.1 	individual who receives this benefit prior to age 65 may continue to receive the benefit 
14.2 	after the age of 65.
14.3 	(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that 
14.4 	exceed 40 percent of the assistance unit's gross income before the application of this 
14.5 	special needs standard. "Gross income" for the purposes of this section is the applicant's or 
14.6 	recipient's income as defined in section 256D.35, subdivision 10, or the standard specified 
14.7 	in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or 
14.8 	state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be 
14.9 	considered shelter needy for purposes of this paragraph.
14.10 	(g) Notwithstanding this subdivision, to access housing and services as provided 
14.11 	in paragraph (f), the recipient may choose housing that may be owned, operated, or 
14.12 	controlled by the recipient's service provider. When housing is controlled by the service 
14.13 	provider, the individual may choose the individual's own service provider as provided in 
14.14 	section 256B.49, subdivision 23, clause (3). When the housing is controlled by the service 
14.15 	provider, the service provider shall implement a plan with the recipient to transition the 
14.16 	lease to the recipient's name. Within two years of signing the initial lease, the service 
14.17 	provider shall transfer the lease entered into under this subdivision to the recipient. In 
14.18 	the event the landlord denies this transfer, the commissioner may approve an exception 
14.19 	within sufficient time to ensure the continued occupancy by the recipient. This paragraph 
14.20 	expires June 30, 2016.

14.21 	EFFECTIVE DATE. This section is effective February 1, 2017.

14.22 	Sec. 15. Minnesota Statutes 2014, section 256I.01, is amended to read:
14.23 	256I.01 CITATION.
14.24 	Sections 256I.01 to 256I.06 shall be cited as the "Group Residential Housing Act."

14.25 	Sec. 16. Minnesota Statutes 2014, section 256I.02, is amended to read:
14.26 	256I.02 PURPOSE.
14.27 	The Group Residential Housing Act establishes a comprehensive system of rates 
14.28 	and payments for persons who reside in the community and who meet the eligibility 
14.29 	criteria under section 256I.04, subdivision 1.

14.30 	Sec. 17. Minnesota Statutes 2014, section 256I.03, is amended to read:
14.31 	256I.03 DEFINITIONS.
15.1 		Subdivision 1.Scope. For the purposes of sections 256I.01 to 256I.06, the terms 
15.2 	defined in this section have the meanings given them.
15.3 		Subd. 1a.Agency. "Agency" has the meaning given in section 256P.01, subdivision 
15.4 	2.
15.5 		Subd. 2.Group residential housing rate. "Group residential housing rate" means 
15.6 	a monthly rate set for shelter, fuel, food, utilities, household supplies, and other costs 
15.7 	necessary to provide room and board for eligible individuals. Group residential housing 
15.8 	rate does not include payments for foster care for children who are not blind, child 
15.9 	welfare services, medical care, dental care, hospitalization, nursing care, drugs or medical 
15.10 	supplies, program costs, or other social services. The rate is negotiated by the county 
15.11 	agency according to the provisions of sections 256I.01 to 256I.06.
15.12 		Subd. 3.Group residential housing. "Group residential housing" means a group 
15.13 	living situation that provides at a minimum room and board to unrelated persons who 
15.14 	meet the eligibility requirements of section 256I.04. This definition includes foster care 
15.15 	settings or community residential settings for a single adult. To receive payment for a 
15.16 	group residence rate, the residence must meet the requirements under section 256I.04, 
15.17 	subdivision 2a.
15.18 		Subd. 5.MSA equivalent rate. "MSA equivalent rate" means an amount equal 
15.19 	to the total of:
15.20 	(1) the combined maximum shelter and basic needs standards for MSA recipients 
15.21 	living alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph 
15.22 	(a); plus
15.23 	(2) the maximum allotment authorized by the federal Food Stamp Program for a 
15.24 	single individual which is in effect on the first day of July each year; less
15.25 	(3) the personal needs allowance authorized for medical assistance recipients under 
15.26 	section 256B.35.
15.27 	The MSA equivalent rate is to be adjusted on the first day of July each year to reflect 
15.28 	changes in any of the component rates under clauses (1) to (3).
15.29 		Subd. 6.Medical assistance room and board rate. "Medical assistance room 
15.30 	and board rate" means an amount equal to the medical assistance income standard for a 
15.31 	single individual living alone in the community less the medical assistance personal needs 
15.32 	allowance under section 256B.35. For the purposes of this section, the amount of the 
15.33 	group residential housing rate that exceeds the medical assistance room and board rate is 
15.34 	considered a remedial care cost. A remedial care cost may be used to meet a spenddown 
15.35 	obligation under section 256B.056, subdivision 5. The medical assistance room and board 
15.36 	rate is to be adjusted on the first day of January of each year.
16.1 		Subd. 7.Countable income. "Countable income" means all income received by 
16.2 	an applicant or recipient less any applicable exclusions or disregards. For a recipient of 
16.3 	any cash benefit from the SSI program, countable income means the SSI benefit limit in 
16.4 	effect at the time the person is in a GRH, less the medical assistance personal needs 
16.5 	allowance. If the SSI limit has been reduced for a person due to events occurring prior 
16.6 	to the persons entering the GRH setting, countable income means actual income less 
16.7 	any applicable exclusions and disregards.
16.8 		Subd. 8.Supplementary services. "Supplementary services" means services 
16.9 	provided to residents of group residential housing providers in addition to room and 
16.10 	board including, but not limited to, oversight and up to 24-hour supervision, medication 
16.11 	reminders, assistance with transportation, arranging for meetings and appointments, and 
16.12 	arranging for medical and social services.
16.13 		Subd. 9.Countable income. "Countable income" means all income received by an 
16.14 	applicant or recipient less any applicable exclusions or disregards. For a recipient of any 
16.15 	cash benefit from the SSI program, countable income means the SSI benefit limit in effect 
16.16 	at the time the person is a recipient of group residential housing or housing assistance, less 
16.17 	the medical assistance personal needs allowance under section 256B.35. If the SSI limit 
16.18 	or benefit is reduced for a person due to events other than receipt of additional income, 
16.19 	countable income means actual income less any applicable exclusions and disregards.
16.20 		Subd. 10.Direct contact. "Direct contact" means providing face-to-face care, 
16.21 	support, training, supervision, counseling, consultation, or medication assistance to 
16.22 	recipients of group residential housing or supplementary services.
16.23 		Subd. 11.Group residential housing. "Group residential housing" means a group 
16.24 	living situation that provides at a minimum room and board to unrelated persons who meet 
16.25 	the eligibility requirements of section 256I.04. To receive payment for a group residence 
16.26 	rate, the residence must meet the requirements under section 256I.04, subdivisions 2a to 2f.
16.27 		Subd. 12.Group residential housing rate. "Group residential housing rate" 
16.28 	means a monthly rate set for shelter, fuel, food, utilities, household supplies, and other 
16.29 	costs necessary to provide room and board for eligible individuals. Group residential 
16.30 	housing rate does not include payments for foster care for children who are not blind, 
16.31 	child welfare services, medical care, dental care, hospitalization, nursing care, drugs or 
16.32 	medical supplies, program costs, or other social services. The rate is negotiated by the 
16.33 	county agency according to the provisions of sections 256I.01 to 256I.06.
16.34 		Subd. 13.Habitability inspection. "Habitability inspection" means an inspection to 
16.35 	determine whether the housing occupied by an individual meets the habitability standards 
17.1 	specified by the commissioner. The standards must be provided to the applicant in written 
17.2 	form and posted on the Department of Human Services Web site.
17.3 		Subd. 14.Housing assistance. "Housing assistance" means a monthly rate provided 
17.4 	to an individual who is living in the individual's own home that has passed a habitability 
17.5 	inspection.
17.6 		Subd. 15.Housing costs. "Housing costs" means actual monthly rent or mortgage 
17.7 	amount, costs associated with heating, cooling, electricity, water, sewer, and garbage 
17.8 	collection, and the basic service fee for one telephone.
17.9 		Subd. 16.Institution. "Institution" means a hospital, a nursing facility, an 
17.10 	intermediate care facility for persons with developmental disabilities, or regional treatment 
17.11 	center inpatient services provided according to section 245.474.
17.12 		Subd. 17.Long-term homelessness. "Long-term homelessness" means lacking 
17.13 	a permanent place to live: (1) continuously for one year or more; or (2) at least four 
17.14 	times in the past three years.
17.15 		Subd. 18.MSA equivalent rate. "MSA equivalent rate" means an amount equal 
17.16 	to the total of:
17.17 	(1) the combined maximum shelter and basic needs standards for MSA recipients 
17.18 	living alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph 
17.19 	(a); plus
17.20 	(2) the maximum allotment authorized by the federal Food Stamp Program for a 
17.21 	single individual which is in effect on the first day of July each year; less
17.22 	(3) the personal needs allowance authorized for medical assistance recipients under 
17.23 	section 256B.35.
17.24 	The MSA equivalent rate is to be adjusted on the first day of July each year to reflect 
17.25 	changes in any of the component rates under clauses (1) to (3).
17.26 		Subd. 19.Medical assistance room and board rate. "Medical assistance room 
17.27 	and board rate" means an amount equal to the medical assistance income standard for a 
17.28 	single individual living alone in the community less the medical assistance personal needs 
17.29 	allowance under section 256B.35. For the purposes of this section, the amount of the 
17.30 	group residential housing rate that exceeds the medical assistance room and board rate is 
17.31 	considered a remedial care cost. A remedial care cost may be used to meet a spenddown 
17.32 	obligation under section 256B.056, subdivision 5. The medical assistance room and board 
17.33 	rate is to be adjusted on the first day of January of each year.
17.34 		Subd. 20.Own home. "Own home" means an individual's residence that: (1) is 
17.35 	owned, rented, or leased by an individual who is responsible for the individual's own 
18.1 	meals; (2) is not licensed according to section 256I.04, subdivision 2a; and (3) does not 
18.2 	have program requirements that restrict residency.
18.3 		Subd. 21.Payment. "Payment" means a group residential housing payment or a 
18.4 	housing assistance program.
18.5 		Subd. 22.Professional certification. "Professional certification" means a statement 
18.6 	about an individual's illness, injury, or incapacity that is signed by a qualified professional. 
18.7 	The statement must specify that the individual has an illness or incapacity which limits the 
18.8 	individual's ability to work and provide self-support. The statement must also specify that 
18.9 	the individual needs assistance to access or maintain housing, as evidenced by the need 
18.10 	for two or more of the following services:
18.11 	(1) tenancy supports to assist an individual with finding the individual's own 
18.12 	home, landlord negotiation, securing furniture and household supplies, understanding 
18.13 	and maintaining tenant responsibilities, conflict negotiation, and budgeting and financial 
18.14 	education;
18.15 	(2) supportive services to assist with basic living and social skills, household 
18.16 	management, monitoring of overall well-being, and problem solving;
18.17 	(3) employment supports to assist with maintaining or increasing employment, 
18.18 	increasing earnings, understanding and utilizing appropriate benefits and services, 
18.19 	improving physical or mental health, moving toward self-sufficiency, and achieving 
18.20 	personal goals; or
18.21 	(4) health supervision services to assist in the preparation and administration of 
18.22 	medications other than injectables, the provision of therapeutic diets, taking vital signs, or 
18.23 	providing assistance in dressing, grooming, bathing, or with walking devices.
18.24 		Subd. 23.Prospective budgeting. "Prospective budgeting" means estimating the 
18.25 	amount of monthly income a person will have in the payment month.
18.26 		Subd. 24.Qualified professional. "Qualified professional" means an individual as 
18.27 	defined in section 256J.08, subdivision 73a, or Minnesota Rules, part 9530.6450, subpart 
18.28 	3, 4, or 5; or an individual approved by the director of human services or a designee 
18.29 	of the director.
18.30 		Subd. 25.Supplementary services. "Supplementary services" means services 
18.31 	provided to recipients of group residential housing or housing assistance in addition to 
18.32 	room and board including, but not limited to, oversight and up to 24-hour supervision, 
18.33 	medication reminders, assistance with transportation, arranging for meetings and 
18.34 	appointments, and arranging for medical and social services.

19.1 	EFFECTIVE DATE. The amendment to subdivision 7 is effective August 1, 2015. 
19.2 	The amendment to subdivision 8 is effective February 1, 2017. Subdivision 9 is effective 
19.3 	August 1, 2015. Subdivision 25 is effective February 1, 2017.

19.4 	Sec. 18. Minnesota Statutes 2014, section 256I.04, is amended to read:
19.5 	256I.04 ELIGIBILITY FOR GROUP RESIDENTIAL HOUSING PAYMENT
19.6 	AND HOUSING ASSISTANCE PAYMENT.
19.7 		Subdivision 1.Individual eligibility requirements. An individual is eligible for 
19.8 	and entitled to a group residential housing payment to be made on the individual's behalf 
19.9 	if the agency has approved the individual's residence in a group residential housing setting 
19.10 	andor a housing assistance payment if the individual meets the requirements in paragraph 
19.11 	(a) or (b), and demonstrates a need for services under paragraph (c). An applicant for 
19.12 	housing assistance must also meet the requirements under paragraphs (d) and (e). An 
19.13 	applicant for group residential housing must also meet the applicable countable income 
19.14 	threshold under paragraph (f).
19.15 	(a) The individual is aged, blind, or is over 18 years of age and disabled as 
19.16 	determined under the criteria used by the title II program of the Social Security Act, and 
19.17 	meets the resource restrictions and standards of section 256P.02, and the individual's 
19.18 	countable income after deducting shall be reduced by  the (1) exclusions and disregards of 
19.19 	the SSI program, and (2) the medical assistance personal needs allowance under section 
19.20 	256B.35, and (3) an amount equal to the income actually made available to a community 
19.21 	spouse by an elderly waiver participant under the provisions of sections 256B.0575, 
19.22 	paragraph (a), clause (4), and 256B.058, subdivision 2, is less than the monthly rate 
19.23 	specified in the agency's agreement with the provider of group residential housing in 
19.24 	which the individual resides.
19.25 	(b) The individual meets a category of eligibility under section 256D.05, subdivision 
19.26 	1, paragraph (a), clauses (1), (3), (5) to (9), and (14), and paragraph (b), if applicable, and 
19.27 	the individual's resources are less than the standards specified by section 256P.02, and the 
19.28 	individual's countable income asis determined under sections 256D.01 to 256D.21, less 
19.29 	the medical assistance personal needs allowance under section 256B.35is less than the 
19.30 	monthly rate specified in the agency's agreement with the provider of group residential 
19.31 	housing in which the individual resides.
19.32 	(c) The individual must demonstrate a need for services as shown by receipt of:
19.33 	(1) an assessed need for supportive housing according to the continuum of care 
19.34 	coordinated assessment system established under Code of Federal Regulations, title 24, 
19.35 	section 578.3;
20.1 	(2) home and community-based services identified in section 245D.03, subdivision 1; 
20.2 	alternative care according to section 256B.0913; adult rehabilitative mental health services 
20.3 	according to section 256B.0623; targeted case management services according to section 
20.4 	256B.0924, subdivision 3; assertive community treatment services according to section 
20.5 	256B.0622, subdivision 2; essential community supports according to section 256B.0922; 
20.6 	nonresidential chemical dependency treatment services identified in Minnesota Rules, 
20.7 	parts 9530.6620 and 9530.6622; community first services and supports according to 
20.8 	section 256B.85; or a difficulty of care rate according to section 256I.05, subdivision 1c; or
20.9 	(3) a professional certification for residence in group residential housing.
20.10 	(d) Effective February 1, 2017, an individual is eligible for housing assistance if 
20.11 	the individual: 
20.12 	(1) is relocating out of an institution or a licensed or registered setting according to 
20.13 	subdivision 2a, within the last 90 days; was receiving group residential housing payments in 
20.14 	the individual's own home as of February 1, 2017; or was receiving the shelter special need 
20.15 	payment under section 256D.44, subdivision 5, paragraph (f), on January 31, 2017; and 
20.16 	(2) has monthly housing costs in the individual's own home that are more than 40 
20.17 	percent of the individual's monthly countable income.
20.18 	(e) An individual who receives housing assistance is required to apply for federal 
20.19 	rental assistance in the individual's own home, if applicable. An individual may not 
20.20 	receive housing assistance and group residential housing or state or federal rental 
20.21 	assistance at the same time.
20.22 	(f) An individual is eligible for group residential housing if the amount of countable 
20.23 	income under paragraph (a) or (b) is less than the monthly rate specified in the agency's 
20.24 	agreement with the provider of group residential housing in which the individual resides. 
20.25 	In addition, the countable income under paragraph (a) must be reduced by an amount 
20.26 	equal to the income actually made available to a community spouse by an elderly waiver 
20.27 	participant under sections 256B.0575, subdivision 1, paragraph (a), clause (4), and 
20.28 	256B.058, subdivision 2.
20.29 		Subd. 1a.County approval. (a) A county agency may not approve a group 
20.30 	residential housing payment for an individual in any setting with a rate in excess of the 
20.31 	MSA equivalent rate for more than 30 days in a calendar year or for an individual in the 
20.32 	individual's own home in excess of the housing assistance payment unless the county 
20.33 	agency has developed or approved individual has a plan for the individual which specifies 
20.34 	that: professional certification, under section 256I.03, subdivision 22.
20.35 	(1) the individual has an illness or incapacity which prevents the person from living 
20.36 	independently in the community; and
21.1 	(2) the individual's illness or incapacity requires the services which are available in 
21.2 	the group residence.
21.3 	The plan must be signed or countersigned by any of the following employees of the 
21.4 	county of financial responsibility: the director of human services or a designee of the 
21.5 	director; a social worker; or a case aide.
21.6 	(b) If a county agency determines that an applicant is ineligible due to not meeting 
21.7 	eligibility requirements under this section, a county agency may accept a signed personal 
21.8 	statement from the applicant in lieu of documentation verifying ineligibility.
21.9 	(c) Effective July 1, 2016, to be eligible for supplementary service payments, 
21.10 	providers must enroll in the provider enrollment system identified by the commissioner.
21.11 		Subd. 1b.Optional state supplements to SSI. Group residential housing and 
21.12 	housing assistance payments made on behalf of persons eligible under subdivision 1, 
21.13 	paragraph (a), are optional state supplements to the SSI program.
21.14 		Subd. 1c.Interim assistance. Group residential housing and housing assistance
21.15 	payments made on behalf of persons eligible under subdivision 1, paragraph (b), are 
21.16 	considered interim assistance payments to applicants for the federal SSI program.
21.17 		Subd. 2.Date of eligibility. An individual who has met the eligibility requirements 
21.18 	of subdivision 1, shall have a group residential housing payment made on the individual's 
21.19 	behalf from the first day of the month in which a signed application form is received by 
21.20 	a county agency, or the first day of the month in which all eligibility factors have been 
21.21 	met, whichever is later.
21.22 		Subd. 2a.License required, staffing qualifications. A county (a) Except 
21.23 	as provided in paragraph (b), an agency may not enter into an agreement with an 
21.24 	establishment to provide group residential housing unless:
21.25 	(1) the establishment is licensed by the Department of Health as a hotel and 
21.26 	restaurant; a board and lodging establishment; a residential care home; a boarding care 
21.27 	home before March 1, 1985; or a supervised living facility, and the service provider 
21.28 	for residents of the facility is licensed under chapter 245A. However, an establishment 
21.29 	licensed by the Department of Health to provide lodging need not also be licensed to 
21.30 	provide board if meals are being supplied to residents under a contract with a food vendor 
21.31 	who is licensed by the Department of Health;
21.32 	(2) the residence is: (i) licensed by the commissioner of human services under 
21.33 	Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services 
21.34 	agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 
21.35 	to 9555.6265; (iii) a residence licensed by the commissioner under Minnesota Rules, parts 
21.36 	2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or (iv) 
22.1 	licensed under section 245D.02, subdivision 4a, as a community residential setting by 
22.2 	the commissioner of human services; or
22.3 	(3) the establishment is registered under chapter 144D and provides three meals a 
22.4 	day, or is an establishment voluntarily registered under section 144D.025 as a supportive 
22.5 	housing establishment; or.
22.6 	(4) an establishment voluntarily registered under section 144D.025, other than 
22.7 	a supportive housing establishment under clause (3), is not eligible to provide group 
22.8 	residential housing.
22.9 	(b) The requirements under clauses (1) to (4) paragraph (a) do not apply to 
22.10 	establishments exempt from state licensure because they are:
22.11 	(1) located on Indian reservations and subject to tribal health and safety 
22.12 	requirements.; or
22.13 	(2) a supportive housing establishment that has an approved habitability inspection 
22.14 	and an individual lease agreement and that serves people who have experienced long-term 
22.15 	homelessness and were referred through a coordinated assessment in subdivision 1, 
22.16 	paragraph (c), clause (1). 
22.17 	(c) Supportive housing establishments and emergency shelters must participate in 
22.18 	the homeless management information system.
22.19 	(d) Effective July 1, 2016, an agency shall not have an agreement with a provider 
22.20 	of group residential housing or supplementary services unless all staff members who 
22.21 	have direct contact with recipients:
22.22 	(1) have the skills and knowledge acquired through:
22.23 	(i) a course of study in a health- or human services-related field leading to a bachelor 
22.24 	of arts, bachelor of science, or associate's degree;
22.25 	(ii) one year of experience with the target population served;
22.26 	(iii) experience as a certified peer specialist according to section 256B.0615; or
22.27 	(iv) meeting the requirements for unlicensed personnel under sections 144A.43 
22.28 	to 144A.483;
22.29 	(2) hold a current Minnesota driver's license appropriate to the vehicle driven if 
22.30 	transporting participants;
22.31 	(3) complete training on vulnerable adults mandated reporting and child 
22.32 	maltreatment mandated reporting where applicable; and 
22.33 	(4) complete group residential housing orientation training offered by the 
22.34 	commissioner.
22.35 		Subd. 2b.Group residential housing Agreements. (a) Agreements between county
22.36 	agencies and providers of group residential housing or supplementary services must be in 
23.1 	writing on a form developed and approved by the commissioner and must specify the name 
23.2 	and address under which the establishment subject to the agreement does business and 
23.3 	under which the establishment, or service provider, if different from the group residential 
23.4 	housing establishment, is licensed by the Department of Health or the Department of 
23.5 	Human Services; the specific license or registration from the Department of Health or the 
23.6 	Department of Human Services held by the provider and the number of beds subject to 
23.7 	that license; the address of the location or locations at which group residential housing is 
23.8 	provided under this agreement; the per diem and monthly rates that are to be paid from 
23.9 	group residential housing or supplementary service funds for each eligible resident at each 
23.10 	location; the number of beds at each location which are subject to the group residential 
23.11 	housing agreement; whether the license holder is a not-for-profit corporation under section 
23.12 	501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to 
23.13 	the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections. 
23.14 	(b) Providers are required to verify the following minimum requirements in the 
23.15 	agreement:
23.16 	(1) current license or registration, including authorization if managing or monitoring 
23.17 	medications;
23.18 	(2) all staff who have direct contact with recipients meet the staff qualifications;
23.19 	(3) the provision of group residential housing;
23.20 	(4) the provision of supplementary services, if applicable;
23.21 	(5) reports of adverse events, including recipient death or serious injury; and
23.22 	(6) submission of residency requirements that could result in recipient eviction.
23.23 	Group residential housing
23.24 	(c) Agreements may be terminated with or without cause by either the county
23.25 	commissioner, the agency, or the provider with two calendar months prior notice. The 
23.26 	commissioner may immediately terminate an agreement under subdivision 2d.
23.27 		Subd. 2c.Crisis shelters Background study requirements. Secure crisis shelters 
23.28 	for battered women and their children designated by the Minnesota Department of 
23.29 	Corrections are not group residences under this chapter.
23.30 	(a) Effective July 1, 2016, a provider of group residential housing or supplementary 
23.31 	services must initiate background studies in accordance with chapter 245C on the 
23.32 	following individuals:
23.33 	(1) controlling individuals as defined in section 245A.02;
23.34 	(2) managerial officials as defined in section 245A.02; and
24.1 	(3) all employees and volunteers of the establishment who have direct contact 
24.2 	with recipients, or who have unsupervised access to recipients, their personal property, 
24.3 	or their private data.
24.4 	(b) The provider of group residential housing or supplementary services must 
24.5 	maintain compliance with all requirements established for entities initiating background 
24.6 	studies under chapter 245C.
24.7 	(c) Effective July 1, 2017, for an individual to begin or continue employment with 
24.8 	a provider of group residential housing or supplementary services, an individual who is 
24.9 	required to receive a background study according to chapter 245C must receive either a 
24.10 	notice stating that:
24.11 	(1) the individual is not disqualified under section 245C.14; or
24.12 	(2) the individual is disqualified, but the individual has been issued a set-aside of 
24.13 	the disqualification for that setting under section 245C.22.
24.14 		Subd. 2d.Conditions of payment; commissioner's right to suspend or terminate 
24.15 	agreement. (a) Group residential housing or supplementary services must be provided 
24.16 	to the satisfaction of the commissioner, as determined at the sole discretion of the 
24.17 	commissioner's authorized representative, and in accordance with all applicable federal, 
24.18 	state, and local laws, ordinances, rules, and regulations, including business registration 
24.19 	requirements of the Office of the Secretary of State. A provider shall not receive payment 
24.20 	for services or housing found by the commissioner to be unsatisfactory, or performed or 
24.21 	provided in violation of federal, state, or local law, ordinance, rule, or regulation.
24.22 	(b) The commissioner has the right to suspend or terminate the agreement 
24.23 	immediately when the commissioner determines the health or welfare of the housing or 
24.24 	service recipients is endangered, or when the commissioner has reasonable cause to believe 
24.25 	that the provider has breached a material term of the agreement under subdivision 2b.
24.26 	(c) Notwithstanding paragraph (b), if the commissioner learns of a curable material 
24.27 	breach of the agreement by the provider, the commissioner shall provide the provider 
24.28 	with a written notice of the breach and allow ten days to cure the breach. If the provider 
24.29 	does not cure the breach within the time allowed, the provider shall be in default of the 
24.30 	agreement and the commissioner may terminate the agreement immediately thereafter. If 
24.31 	the provider has breached a material term of the agreement and cure is not possible, the 
24.32 	commissioner may immediately terminate the agreement.
24.33 		Subd. 2e.Providers holding health or human services licenses. (a) Except 
24.34 	for facilities with only a board and lodging license, when group residential housing or 
24.35 	supplementary service staff are also operating under a license issued by the Department of 
25.1 	Health or the Department of Human Services, the minimum staff qualification requirements 
25.2 	for the setting shall be the qualifications listed under the related licensing standards.
25.3 	(b) A background study completed for the licensed service must also satisfy the 
25.4 	background study requirements under this section, if the provider has established the 
25.5 	background study contact person according to chapter 245C and as directed by the 
25.6 	Department of Human Services.
25.7 		Subd. 2f.Required services. In licensed and registered settings under subdivision 
25.8 	2a, providers shall ensure that participants have at a minimum:
25.9 	(1) food preparation and service for three nutritious meals a day on site;
25.10 	(2) a bed, clothing storage, linen, bedding, laundering, and laundry supplies or 
25.11 	service;
25.12 	(3) housekeeping, including cleaning and lavatory supplies or service; and 
25.13 	(4) maintenance and operation of the building and grounds, including heat, water, 
25.14 	garbage removal, electricity, telephone for the site, cooling, supplies, and parts and tools 
25.15 	to repair and maintain equipment and facilities.
25.16 		Subd. 2g.Crisis shelters. Secure crisis shelters for battered women and their 
25.17 	children designated by the Minnesota Department of Corrections are not group residences 
25.18 	under this chapter.
25.19 		Subd. 3.Moratorium on development of group residential housing beds. (a) 
25.20 	County Agencies shall not enter into agreements for new group residential housing beds 
25.21 	with total rates in excess of the MSA equivalent rate except:
25.22 	(1) for group residential housing establishments licensed under Minnesota Rules, 
25.23 	parts 9525.0215 to 9525.0355, provided the facility is needed to meet the census reduction 
25.24 	targets for persons with developmental disabilities at regional treatment centers;
25.25 	(2) up to 80 beds in a single, specialized facility located in Hennepin County that will 
25.26 	provide housing for chronic inebriates who are repetitive users of detoxification centers 
25.27 	and are refused placement in emergency shelters because of their state of intoxication, 
25.28 	and planning for the specialized facility must have been initiated before July 1, 1991, 
25.29 	in anticipation of receiving a grant from the Housing Finance Agency under section 
25.30 	462A.05, subdivision 20a, paragraph (b);
25.31 	(3) notwithstanding the provisions of subdivision 2a, for up to 190 supportive 
25.32 	housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a 
25.33 	mental illness, a history of substance abuse, or human immunodeficiency virus or acquired 
25.34 	immunodeficiency syndrome. For purposes of this section, "homeless adult" means a 
25.35 	person who is living on the street or in a shelter or discharged from a regional treatment 
25.36 	center, community hospital, or residential treatment program and has no appropriate 
26.1 	housing available and lacks the resources and support necessary to access appropriate 
26.2 	housing. At least 70 percent of the supportive housing units must serve homeless adults 
26.3 	with mental illness, substance abuse problems, or human immunodeficiency virus or 
26.4 	acquired immunodeficiency syndrome who are about to be or, within the previous six 
26.5 	months, has been discharged from a regional treatment center, or a state-contracted 
26.6 	psychiatric bed in a community hospital, or a residential mental health or chemical 
26.7 	dependency treatment program. If a person meets the requirements of subdivision 1, 
26.8 	paragraph (a), and receives a federal or state housing subsidy, the group residential housing 
26.9 	rate for that person is limited to the supplementary rate under section 256I.05, subdivision 
26.10 	1a, and is determined by subtracting the amount of the person's countable income that 
26.11 	exceeds the MSA equivalent rate from the group residential housing supplementary rate. 
26.12 	A resident in a demonstration project site who no longer participates in the demonstration 
26.13 	program shall retain eligibility for a group residential housing payment in an amount 
26.14 	determined under section 256I.06, subdivision 8, using the MSA equivalent rate. Service 
26.15 	funding under section 256I.05, subdivision 1a, will end June 30, 1997, if federal matching 
26.16 	funds are available and the services can be provided through a managed care entity. If 
26.17 	federal matching funds are not available, then service funding will continue under section 
26.18 	256I.05, subdivision 1a;
26.19 	(4) for an additional two beds, resulting in a total of 32 beds, for a facility located in 
26.20 	Hennepin County providing services for recovering and chemically dependent men that 
26.21 	has had a group residential housing contract with the county and has been licensed as a 
26.22 	board and lodge facility with special services since 1980;
26.23 	(5) for a group residential housing provider located in the city of St. Cloud, or a county 
26.24 	contiguous to the city of St. Cloud, that operates a 40-bed facility, that received financing 
26.25 	through the Minnesota Housing Finance Agency Ending Long-Term Homelessness 
26.26 	Initiative and serves chemically dependent clientele, providing 24-hour-a-day supervision;
26.27 	(6) for a new 65-bed facility in Crow Wing County that will serve chemically 
26.28 	dependent persons, operated by a group residential housing provider that currently 
26.29 	operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;
26.30 	(7) for a group residential housing provider that operates two ten-bed facilities, one 
26.31 	located in Hennepin County and one located in Ramsey County, that provide community 
26.32 	support and 24-hour-a-day supervision to serve the mental health needs of individuals 
26.33 	who have chronically lived unsheltered; and
26.34 	(8) for a group residential facility in Hennepin County with a capacity of up to 48 
26.35 	beds that has been licensed since 1978 as a board and lodging facility and that until August 
26.36 	1, 2007, operated as a licensed chemical dependency treatment program.
27.1 	(b) A county An agency may enter into a group residential housing agreement for 
27.2 	beds with rates in excess of the MSA equivalent rate in addition to those currently covered 
27.3 	under a group residential housing agreement if the additional beds are only a replacement 
27.4 	of beds with rates in excess of the MSA equivalent rate which have been made available 
27.5 	due to closure of a setting, a change of licensure or certification which removes the beds 
27.6 	from group residential housing payment, or as a result of the downsizing of a group 
27.7 	residential housing setting. The transfer of available beds from one county agency to 
27.8 	another can only occur by the agreement of both counties agencies.
27.9 		Subd. 4.Rental assistance. For participants in the Minnesota supportive housing 
27.10 	demonstration program under subdivision 3, paragraph (a), clause (5), notwithstanding 
27.11 	the provisions of section 256I.06, subdivision 8, the amount of the group residential 
27.12 	housing payment for room and board must be calculated by subtracting 30 percent of the 
27.13 	recipient's adjusted income as defined by the United States Department of Housing and 
27.14 	Urban Development for the Section 8 program from the fair market rent established for the 
27.15 	recipient's living unit by the federal Department of Housing and Urban Development. This 
27.16 	payment shall be regarded as a state housing subsidy for the purposes of subdivision 3. 
27.17 	Notwithstanding the provisions of section 256I.06, subdivision 6, the recipient's countable 
27.18 	income will only be adjusted when a change of greater than $100 in a month occurs or 
27.19 	upon annual redetermination of eligibility, whichever is sooner. The commissioner is 
27.20 	directed to study the feasibility of developing a rental assistance program to serve persons 
27.21 	traditionally served in group residential housing settings and report to the legislature by 
27.22 	February 15, 1999.

27.23 	EFFECTIVE DATE. Subdivision 1, paragraphs (a), (b), (c), and (f), are effective 
27.24 	September 1, 2015. Subdivision 1, paragraph (e), is effective February 1, 2017.

27.25 	Sec. 19. Minnesota Statutes 2014, section 256I.05, subdivision 1c, is amended to read:
27.26 		Subd. 1c.Rate increases. A county An agency may not increase the rates 
27.27 	negotiated for group residential housing above those in effect on June 30, 1993, except as 
27.28 	provided in paragraphs (a) to (f) (g).
27.29 	(a) A county An agency may increase the rates for group residential housing settings 
27.30 	to the MSA equivalent rate for those settings whose current rate is below the MSA 
27.31 	equivalent rate.
27.32 	(b) A county An agency may increase the rates for residents in adult foster care 
27.33 	whose difficulty of care has increased. The total group residential housing rate for these 
27.34 	residents must not exceed the maximum rate specified in subdivisions 1 and 1a. County
27.35 	Agencies must not include nor increase group residential housing difficulty of care rates 
28.1 	for adults in foster care whose difficulty of care is eligible for funding by home and 
28.2 	community-based waiver programs under title XIX of the Social Security Act.
28.3 	(c) The room and board rates will be increased each year when the MSA equivalent 
28.4 	rate is adjusted for SSI cost-of-living increases by the amount of the annual SSI increase, 
28.5 	less the amount of the increase in the medical assistance personal needs allowance under 
28.6 	section 256B.35.
28.7 	(d) When a group residential housing rate is used to pay for an individual's room 
28.8 	and board, or other costs necessary to provide room and board, the rate payable to 
28.9 	the residence must continue for up to 18 calendar days per incident that the person is 
28.10 	temporarily absent from the residence, not to exceed 60 days in a calendar year, if the 
28.11 	absence or absences have received the prior approval of the county agency's social service 
28.12 	staff. Prior approval is not required for emergency absences due to crisis, illness, or injury.
28.13 	(e) For facilities meeting substantial change criteria within the prior year. Substantial 
28.14 	change criteria exists if the group residential housing establishment experiences a 25 
28.15 	percent increase or decrease in the total number of its beds, if the net cost of capital 
28.16 	additions or improvements is in excess of 15 percent of the current market value of the 
28.17 	residence, or if the residence physically moves, or changes its licensure, and incurs a 
28.18 	resulting increase in operation and property costs.
28.19 	(f) Until June 30, 1994, a county an agency may increase by up to five percent the 
28.20 	total rate paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33
28.21 	to 256D.54 who reside in residences that are licensed by the commissioner of health as 
28.22 	a boarding care home, but are not certified for the purposes of the medical assistance 
28.23 	program. However, an increase under this clause must not exceed an amount equivalent to 
28.24 	65 percent of the 1991 medical assistance reimbursement rate for nursing home resident 
28.25 	class A, in the geographic grouping in which the facility is located, as established under 
28.26 	Minnesota Rules, parts 9549.0050 to 9549.0058.
28.27 	(g) An agency may negotiate a difficulty of care rate approved by the commissioner 
28.28 	for an individual receiving a group residential housing payment or housing assistance 
28.29 	payment if necessary to provide housing for the individual due to the individual's 
28.30 	extraordinary emotional, behavioral, or physical health needs and if necessary to secure 
28.31 	housing for an individual transitioning into a more integrated setting.

28.32 	Sec. 20. Minnesota Statutes 2014, section 256I.05, subdivision 1g, is amended to read:
28.33 		Subd. 1g.Supplementary service rate for certain facilities. On or after July 1,
28.34 	2005, a countyAn agency may negotiate a supplementary service rate for recipients of 
28.35 	assistance under section 256I.04, subdivision 1, paragraph (a) or (b), who relocate from a 
29.1 	homeless shelter licensed and registered prior to December 31, 1996, by the Minnesota 
29.2 	Department of Health under section 157.17, tohave experienced long-term homelessness 
29.3 	and who live in a supportive housing establishment developed and funded in whole or in 
29.4 	part with funds provided specifically as part of the plan to end long-term homelessness 
29.5 	required under Laws 2003, chapter 128, article 15, section 9, not to exceed $456.75 under 
29.6 	section 256I.04, subdivision 2a, paragraph (b), clause (2).

29.7 	Sec. 21. Minnesota Statutes 2014, section 256I.05, is amended by adding a subdivision 
29.8 	to read:
29.9 		Subd. 1p.Supplemental rate; relocation into an individual's own home.
 29.10 	Beginning February 1, 2017, an agency may negotiate a supplemental service rate in 
29.11 	addition to the rate specified in subdivision 1, not to exceed the rate authorized by 
29.12 	subdivision 1a, paragraph (a), for a provider authorized to provide supplemental services 
29.13 	under this chapter to serve individuals who are receiving housing assistance.

29.14 	Sec. 22. Minnesota Statutes 2014, section 256I.06, is amended to read:
29.15 	256I.06 PAYMENT METHODS.
29.16 		Subdivision 1.Monthly payments. Monthly payments made on an individual's 
29.17 	behalf for group residential housing must be issued as a voucher or vendor payment. 
29.18 	Monthly payments made on an individual's behalf for housing assistance must be issued as 
29.19 	a voucher or vendor payment unless the individual is receiving Supplemental Security 
29.20 	Income or Social Security Disability Insurance issued by the United States Social Security 
29.21 	Administration.
29.22 		Subd. 2.Time of payment. A county agency may make payments to a group 
29.23 	residence in advance for an individual whose stay in the group residence is expected 
29.24 	to last beyond the calendar month for which the payment is made and who does not 
29.25 	expect to receive countable earned income during the month for which the payment is 
29.26 	made. Group residential housing payments made by a county agency on behalf of an 
29.27 	individual who is not expected to remain in the group residence beyond the month for 
29.28 	which payment is made must be made subsequent to the individual's departure from the 
29.29 	group residence. Group residential housing payments made by a county agency on behalf 
29.30 	of an individual with countable earned income must be made subsequent to receipt of a 
29.31 	monthly household report form.
29.32 		Subd. 3.Filing of application. The county agency must immediately provide an 
29.33 	application form to any person requesting group residential housing payments under this 
29.34 	chapter. Application for group residential housing must be in writing on a form prescribed 
30.1 	by the commissioner. The county agency must determine an applicant's eligibility for 
30.2 	group residential housing payments under this chapter as soon as the required verifications 
30.3 	are received by the county agency and within 30 days after a signed application is received 
30.4 	by the county agency for the aged or blind or within 60 days for the disabled.
30.5 		Subd. 4.Verification. The county agency must request, and applicants and 
30.6 	recipients must provide and verify, all information necessary to determine initial and 
30.7 	continuing eligibility and group residential housing payment amounts under this chapter. 
30.8 	If necessary, the county agency shall assist the applicant or recipient in obtaining 
30.9 	verifications. If the applicant or recipient refuses or fails without good cause to provide 
30.10 	the information or verification, the county agency shall deny or terminate eligibility for 
30.11 	group residential housing payments under this chapter.
30.12 		Subd. 5.Redetermination of eligibility. The eligibility of each recipient must be 
30.13 	redetermined at least once every 12 months.
30.14 		Subd. 6.Reports. Recipients must report changes in circumstances that affect 
30.15 	eligibility or group residential housing payment amounts, other than changes in earned 
30.16 	income, within ten days of the change. Recipients with countable earned income must 
30.17 	complete a monthly household report form at least once every six months. If the report 
30.18 	form is not received before the end of the month in which it is due, the county agency 
30.19 	must terminate eligibility for group residential housing payments under this chapter. 
30.20 	The termination shall be effective on the first day of the month following the month in 
30.21 	which the report was due. If a complete report is received within the month eligibility 
30.22 	was terminated, the individual is considered to have continued an application for group 
30.23 	residential housing payment under this chapter effective the first day of the month the 
30.24 	eligibility was terminated.
30.25 		Subd. 7.Determination of rates. The agency in the county in which a group
30.26 	residence is located will shall determine the amount of group residential housing rate or 
30.27 	supplementary service rate to be paid on behalf of an individual in the group residence 
30.28 	regardless of the individual's county agency of financial responsibility.
30.29 		Subd. 8.Amount of group residential housing payment. (a) The amount of 
30.30 	a group residential housing payment to be made on behalf of an eligible individual is 
30.31 	determined by subtracting the individual's countable income under section 256I.04, 
30.32 	subdivision 1, for a whole calendar month from the group residential housing charge for 
30.33 	that same month. The group residential housing charge is determined by multiplying the 
30.34 	group residential housing rate times the period of time the individual was a resident or 
30.35 	temporarily absent under section 256I.05, subdivision 1c, paragraph (d).
31.1 	(b) The amount of housing assistance payment is determined by subtracting 40 
31.2 	percent of the individual's countable income for a whole calendar month from the 
31.3 	maximum United States Department of Housing and Urban Development fair market rent 
31.4 	for the individual's area of residence or the individual's actual housing costs, whichever 
31.5 	is lower. An individual living in a setting funded through a Minnesota Housing Finance 
31.6 	Agency multifamily award before July 1, 2015, shall use the MSA equivalent rate minus 
31.7 	the maximum allotment authorized by the federal Food Stamp Program according to 
31.8 	section 256I.03, subdivision 5, instead of the fair market rent.
31.9 	(c) For an individual with earned income under paragraph (a) or (b), prospective 
31.10 	budgeting must be used to determine the amount of the individual's payment for the 
31.11 	following six-month period. An increase in income shall not affect an individual's 
31.12 	eligibility or payment amount until the month following the reporting month. A decrease 
31.13 	in income shall be effective the first day of the month after the month in which the 
31.14 	decrease is reported.

31.15 	EFFECTIVE DATE. Subdivisions 1 and 8, paragraph (b), are effective February 1, 
31.16 	2017. Subdivisions 2, 6, and 8, paragraph (c), are effective April 1, 2016.

31.17 	Sec. 23. Minnesota Statutes 2014, section 256N.22, subdivision 9, is amended to read:
31.18 		Subd. 9.Death or incapacity of relative custodian or dissolution modification 
31.19 	of custody. The Northstar kinship assistance agreement ends upon death or dissolution
31.20 	incapacity of the relative custodian or modification  of the order for permanent legal and 
31.21 	physical custody of both relative custodians in the case of assignment of custody to two 
31.22 	individuals, or the sole relative custodian in the case of assignment of custody to one 
31.23 	individual in which legal or physical custody is removed from the relative custodian. 
31.24 	In the case of a relative custodian's death or incapacity, Northstar kinship assistance 
31.25 	eligibility may be continued according to subdivision 10.

31.26 	Sec. 24. Minnesota Statutes 2014, section 256N.22, subdivision 10, is amended to read:
31.27 		Subd. 10.Assigning a successor relative custodian for a child's Northstar 
31.28 	kinship assistance to a court-appointed guardian or custodian. (a) Northstar kinship 
31.29 	assistance may be continued with the written consent of the commissioner to In the event 
31.30 	of the death or incapacity of the relative custodian, eligibility for Northstar kinship 
31.31 	assistance and title IV-E assistance, if applicable, is not affected if the relative custodian 
31.32 	is replaced by a successor named in the Northstar kinship assistance benefit agreement. 
31.33 	Northstar kinship assistance shall be paid to a named successor who is not the child's legal 
32.1 	parent, biological parent or stepparent, or other adult living in the home of the legal parent, 
32.2 	biological parent, or stepparent. 
32.3 	(b) In order to receive Northstar kinship assistance, a named successor must:
32.4 	(1) meet the background study requirements in subdivision 4;
32.5 	(2) renegotiate the agreement consistent with section 256N.25, subdivision 2, 
32.6 	including cooperating with an assessment under section 256N.24;
32.7 	(3) be ordered by the court to be the child's legal relative custodian in a modification 
32.8 	proceeding under section 260C.521, subdivision 2; and
32.9 	(4) satisfy the requirements in this paragraph within one year of the relative 
32.10 	custodian's death or incapacity unless the commissioner certifies that the named successor 
32.11 	made reasonable attempts to satisfy the requirements within one year and failure to satisfy 
32.12 	the requirements was not the responsibility of the named successor.
32.13 	(c) Payment of Northstar kinship assistance to the successor guardian may be 
32.14 	temporarily approved through the policies, procedures, requirements, and deadlines under 
32.15 	section 256N.28, subdivision 2. Ongoing payment shall begin in the month when all the 
32.16 	requirements in paragraph (b) are satisfied.
32.17 	(d) Continued payment of Northstar kinship assistance may occur in the event of the 
32.18 	death or incapacity of the relative custodian when no successor has been named in the 
32.19 	benefit agreement when the commissioner gives written consent to an individual who is a 
32.20 	guardian or custodian appointed by a court for the child upon the death of both relative 
32.21 	custodians in the case of assignment of custody to two individuals, or the sole relative 
32.22 	custodian in the case of assignment of custody to one individual, unless the child is under 
32.23 	the custody of a county, tribal, or child-placing agency.
32.24 	(b) (e) Temporary assignment of Northstar kinship assistance may be approved 
32.25 	for a maximum of six consecutive months from the death or incapacity of the relative 
32.26 	custodian or custodians as provided in paragraph (a) and must adhere to the policies and,
32.27 	procedures, requirements, and deadlines under section 256N.28, subdivision 2, that are
32.28 	prescribed by the commissioner. If a court has not appointed a permanent legal guardian 
32.29 	or custodian within six months, the Northstar kinship assistance must terminate and must 
32.30 	not be resumed.
32.31 	(c) (f) Upon assignment of assistance payments under this subdivision paragraphs 
32.32 	(d) and (e), assistance must be provided from funds other than title IV-E.

32.33 	Sec. 25. Minnesota Statutes 2014, section 256N.24, subdivision 4, is amended to read:
32.34 		Subd. 4.Extraordinary levels. (a) The assessment tool established under 
32.35 	subdivision 2 must provide a mechanism through which up to five levels can be added 
33.1 	to the supplemental difficulty of care for a particular child under section 256N.26, 
33.2 	subdivision 4. In establishing the assessment tool, the commissioner must design the tool 
33.3 	so that the levels applicable to the portions of the assessment other than the extraordinary 
33.4 	levels can accommodate the requirements of this subdivision.
33.5 	(b) These extraordinary levels are available when all of the following circumstances 
33.6 	apply:
33.7 	(1) the child has extraordinary needs as determined by the assessment tool provided 
33.8 	for under subdivision 2, and the child meets other requirements established by the 
33.9 	commissioner, such as a minimum score on the assessment tool;
33.10 	(2) the child's extraordinary needs require extraordinary care and intense supervision 
33.11 	that is provided by the child's caregiver as part of the parental duties as described in the 
33.12 	supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary 
33.13 	care provided by the caregiver is required so that the child can be safely cared for in the 
33.14 	home and community, and prevents residential placement;
33.15 	(3) the child is physically living in a foster family setting, as defined in Minnesota 
33.16 	Rules, part 2960.3010, subpart 23, in a foster residence setting, or physically living in the 
33.17 	home with the adoptive parent or relative custodian; and
33.18 	(4) the child is receiving the services for which the child is eligible through medical 
33.19 	assistance programs or other programs that provide necessary services for children with 
33.20 	disabilities or other medical and behavioral conditions to live with the child's family, but 
33.21 	the agency with caregiver's input has identified a specific support gap that cannot be met 
33.22 	through home and community support waivers or other programs that are designed to 
33.23 	provide support for children with special needs.
33.24 	(c) The agency completing an assessment, under subdivision 2, that suggests an 
33.25 	extraordinary level must document as part of the assessment, the following:
33.26 	(1) the assessment tool that determined that the child's needs or disabilities require 
33.27 	extraordinary care and intense supervision;
33.28 	(2) a summary of the extraordinary care and intense supervision that is provided by 
33.29 	the caregiver as part of the parental duties as described in the supplemental difficulty of 
33.30 	care rate, section 256N.02, subdivision 21;
33.31 	(3) confirmation that the child is currently physically residing in the foster family 
33.32 	setting or in the home with the adoptive parent or relative custodian;
33.33 	(4) the efforts of the agency, caregiver, parents, and others to request support services 
33.34 	in the home and community that would ease the degree of parental duties provided by the 
33.35 	caregiver for the care and supervision of the child. This would include documentation of 
33.36 	the services provided for the child's needs or disabilities, and the services that were denied 
34.1 	or not available from the local social service agency, community agency, the local school 
34.2 	district, local public health department, the parent, or child's medical insurance provider;
34.3 	(5) the specific support gap identified that places the child's safety and well-being at 
34.4 	risk in the home or community and is necessary to prevent residential placement; and
34.5 	(6) the extraordinary care and intense supervision provided by the foster, adoptive, 
34.6 	or guardianship caregivers to maintain the child safely in the child's home and prevent 
34.7 	residential placement that cannot be supported by medical assistance or other programs 
34.8 	that provide services, necessary care for children with disabilities, or other medical or 
34.9 	behavioral conditions in the home or community.
34.10 	(d) An agency completing an assessment under subdivision 2 that suggests 
34.11 	an extraordinary level is appropriate must forward the assessment and required 
34.12 	documentation to the commissioner. If the commissioner approves, the extraordinary 
34.13 	levels must be retroactive to the date the assessment was forwarded.

34.14 	Sec. 26. Minnesota Statutes 2014, section 256N.25, subdivision 1, is amended to read:
34.15 		Subdivision 1.Agreement; Northstar kinship assistance; adoption assistance. (a) 
34.16 	In order to receive Northstar kinship assistance or adoption assistance benefits on behalf 
34.17 	of an eligible child, a written, binding agreement between the caregiver or caregivers, 
34.18 	the financially responsible agency, or, if there is no financially responsible agency, the 
34.19 	agency designated by the commissioner, and the commissioner must be established prior 
34.20 	to finalization of the adoption or a transfer of permanent legal and physical custody. The 
34.21 	agreement must be negotiated with the caregiver or caregivers under subdivision 2 and 
34.22 	renegotiated under subdivision 3, if applicable.
34.23 	(b) The agreement must be on a form approved by the commissioner and must 
34.24 	specify the following:
34.25 	(1) duration of the agreement;
34.26 	(2) the nature and amount of any payment, services, and assistance to be provided 
34.27 	under such agreement;
34.28 	(3) the child's eligibility for Medicaid services;
34.29 	(4) the terms of the payment, including any child care portion as specified in section 
34.30 	256N.24, subdivision 3;
34.31 	(5) eligibility for reimbursement of nonrecurring expenses associated with adopting 
34.32 	or obtaining permanent legal and physical custody of the child, to the extent that the 
34.33 	total cost does not exceed $2,000 per child;
34.34 	(6) that the agreement must remain in effect regardless of the state of which the 
34.35 	adoptive parents or relative custodians are residents at any given time;
35.1 	(7) provisions for modification of the terms of the agreement, including renegotiation 
35.2 	of the agreement; and
35.3 	(8) the effective date of the agreement; and
35.4 	(9) the successor relative custodian or custodians for Northstar kinship assistance, 
35.5 	when applicable. The successor relative custodian or custodians may be added or changed 
35.6 	by mutual agreement under subdivision 3.
35.7 	(c) The caregivers, the commissioner, and the financially responsible agency, or, if 
35.8 	there is no financially responsible agency, the agency designated by the commissioner, must 
35.9 	sign the agreement. A copy of the signed agreement must be given to each party. Once 
35.10 	signed by all parties, the commissioner shall maintain the official record of the agreement.
35.11 	(d) The effective date of the Northstar kinship assistance agreement must be the date 
35.12 	of the court order that transfers permanent legal and physical custody to the relative. The 
35.13 	effective date of the adoption assistance agreement is the date of the finalized adoption 
35.14 	decree.
35.15 	(e) Termination or disruption of the preadoptive placement or the foster care 
35.16 	placement prior to assignment of custody makes the agreement with that caregiver void.

35.17 	Sec. 27. Minnesota Statutes 2014, section 256N.27, subdivision 2, is amended to read:
35.18 		Subd. 2.State share. The commissioner shall pay the state share of the maintenance 
35.19 	payments as determined under subdivision 4, and an identical share of the pre-Northstar 
35.20 	Care foster care program under section 260C.4411, subdivision 1, the relative custody 
35.21 	assistance program under section 257.85, and the pre-Northstar Care for Children adoption 
35.22 	assistance program under chapter 259A. The commissioner may transfer funds into the 
35.23 	account if a deficit occurs.

35.24 	Sec. 28. Minnesota Statutes 2014, section 259A.75, is amended to read:
35.25 	259A.75 REIMBURSEMENT OF CERTAIN AGENCY COSTS; PURCHASE 
35.26 	OF SERVICE CONTRACTS AND TRIBAL CUSTOMARY ADOPTIONS.
35.27 		Subdivision 1.General information. (a) Subject to the procedures required by 
35.28 	the commissioner and the provisions of this section, a Minnesota county or tribal social 
35.29 	services agency shall receive a reimbursement from the commissioner equal to 100 percent 
35.30 	of the reasonable and appropriate cost for contracted adoption placement services identified 
35.31 	for a specific child that are not reimbursed under other federal or state funding sources.
35.32 	(b) The commissioner may spend up to $16,000 for each purchase of service 
35.33 	contract. Only one contract per child per adoptive placement is permitted. Funds 
36.1 	encumbered and obligated under the contract for the child remain available until the terms 
36.2 	of the contract are fulfilled or the contract is terminated.
36.3 	(c) The commissioner shall set aside an amount not to exceed five percent of the 
36.4 	total amount of the fiscal year appropriation from the state for the adoption assistance 
36.5 	program to reimburse a Minnesota county or tribal social services placing agencies agency
36.6 	for child-specific adoption placement services. When adoption assistance payments for 
36.7 	children's needs exceed 95 percent of the total amount of the fiscal year appropriation from 
36.8 	the state for the adoption assistance program, the amount of reimbursement available to 
36.9 	placing agencies for adoption services is reduced correspondingly.
36.10 		Subd. 2.Purchase of service contract child eligibility criteria. (a) A child who is 
36.11 	the subject of a purchase of service contract must:
36.12 	(1) have the goal of adoption, which may include an adoption in accordance with 
36.13 	tribal law;
36.14 	(2) be under the guardianship of the commissioner of human services or be a ward of 
36.15 	tribal court pursuant to section 260.755, subdivision 20; and
36.16 	(3) meet all of the special needs criteria according to section 259A.10, subdivision 2.
36.17 	(b) A child under the guardianship of the commissioner must have an identified 
36.18 	adoptive parent and a fully executed adoption placement agreement according to section 
36.19 	260C.613, subdivision 1, paragraph (a).
36.20 		Subd. 3.Agency eligibility criteria. (a) A Minnesota county or tribal social 
36.21 	services agency shall receive reimbursement for child-specific adoption placement 
36.22 	services for an eligible child that it purchases from a private adoption agency licensed in 
36.23 	Minnesota or any other state or tribal social services agency.
36.24 	(b) Reimbursement for adoption services is available only for services provided 
36.25 	prior to the date of the adoption decree.
36.26 		Subd. 4.Application and eligibility determination. (a) A county or tribal social 
36.27 	services agency may request reimbursement of costs for adoption placement services by 
36.28 	submitting a complete purchase of service application, according to the requirements and 
36.29 	procedures and on forms prescribed by the commissioner.
36.30 	(b) The commissioner shall determine eligibility for reimbursement of adoption 
36.31 	placement services. If determined eligible, the commissioner of human services shall 
36.32 	sign the purchase of service agreement, making this a fully executed contract. No 
36.33 	reimbursement under this section shall be made to an agency for services provided prior to 
36.34 	the fully executed contract.
36.35 	(c) Separate purchase of service agreements shall be made, and separate records 
36.36 	maintained, on each child. Only one agreement per child per adoptive placement is 
37.1 	permitted. For siblings who are placed together, services shall be planned and provided to 
37.2 	best maximize efficiency of the contracted hours.
37.3 		Subd. 5.Reimbursement process. (a) The agency providing adoption services is 
37.4 	responsible to track and record all service activity, including billable hours, on a form 
37.5 	prescribed by the commissioner. The agency shall submit this form to the state for 
37.6 	reimbursement after services have been completed.
37.7 	(b) The commissioner shall make the final determination whether or not the 
37.8 	requested reimbursement costs are reasonable and appropriate and if the services have 
37.9 	been completed according to the terms of the purchase of service agreement.
37.10 		Subd. 6.Retention of purchase of service records. Agencies entering into 
37.11 	purchase of service contracts shall keep a copy of the agreements, service records, and all 
37.12 	applicable billing and invoicing according to the department's record retention schedule. 
37.13 	Agency records shall be provided upon request by the commissioner.
37.14 		Subd. 7.Tribal customary adoptions. (a) The commissioner shall enter into 
37.15 	grant contracts with Minnesota tribal social services agencies to provide child-specific 
37.16 	recruitment and adoption placement services for Indian children under the jurisdiction 
37.17 	of tribal court.
37.18 	(b) Children served under these grant contracts must meet the child eligibility 
37.19 	criteria in subdivision 2.

37.20 	Sec. 29. Minnesota Statutes 2014, section 260C.007, subdivision 27, is amended to read:
37.21 		Subd. 27.Relative. "Relative" means a person related to the child by blood, 
37.22 	marriage, or adoption,; the legal parent, guardian, or custodian of the child's siblings; or an 
37.23 	individual who is an important friend with whom the child has resided or had significant 
37.24 	contact. For an Indian child, relative includes members of the extended family as defined 
37.25 	by the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces, 
37.26 	nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978, 
37.27 	United States Code, title 25, section 1903.

37.28 	Sec. 30. Minnesota Statutes 2014, section 260C.007, subdivision 32, is amended to read:
37.29 		Subd. 32.Sibling. "Sibling" means one of two or more individuals who have one or 
37.30 	both parents in common through blood, marriage, or adoption, including. This includes
37.31 	siblings as defined by the child's tribal code or custom. Sibling also includes an individual 
37.32 	who would have been considered a sibling but for a termination of parental rights of one 
37.33 	or both parents, suspension of parental rights under tribal code, or other disruption of 
37.34 	parental rights such as the death of a parent.

38.1 	Sec. 31. Minnesota Statutes 2014, section 260C.203, is amended to read:
38.2 	260C.203 ADMINISTRATIVE OR COURT REVIEW OF PLACEMENTS.
38.3 	(a) Unless the court is conducting the reviews required under section 260C.202, 
38.4 	there shall be an administrative review of the out-of-home placement plan of each child 
38.5 	placed in foster care no later than 180 days after the initial placement of the child in foster 
38.6 	care and at least every six months thereafter if the child is not returned to the home of the 
38.7 	parent or parents within that time. The out-of-home placement plan must be monitored and 
38.8 	updated at each administrative review. The administrative review shall be conducted by 
38.9 	the responsible social services agency using a panel of appropriate persons at least one of 
38.10 	whom is not responsible for the case management of, or the delivery of services to, either 
38.11 	the child or the parents who are the subject of the review. The administrative review shall 
38.12 	be open to participation by the parent or guardian of the child and the child, as appropriate.
38.13 	(b) As an alternative to the administrative review required in paragraph (a), the court 
38.14 	may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 
38.15 	Procedure, conduct a hearing to monitor and update the out-of-home placement plan 
38.16 	pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph 
38.17 	(d). The party requesting review of the out-of-home placement plan shall give parties to 
38.18 	the proceeding notice of the request to review and update the out-of-home placement 
38.19 	plan. A court review conducted pursuant to section 260C.141, subdivision 2; 260C.193; 
38.20 	260C.201, subdivision 1; 260C.202; 260C.204; 260C.317; or 260D.06 shall satisfy the 
38.21 	requirement for the review so long as the other requirements of this section are met.
38.22 	(c) As appropriate to the stage of the proceedings and relevant court orders, the 
38.23 	responsible social services agency or the court shall review:
38.24 	(1) the safety, permanency needs, and well-being of the child;
38.25 	(2) the continuing necessity for and appropriateness of the placement;
38.26 	(3) the extent of compliance with the out-of-home placement plan;
38.27 	(4) the extent of progress that has been made toward alleviating or mitigating the 
38.28 	causes necessitating placement in foster care;
38.29 	(5) the projected date by which the child may be returned to and safely maintained in 
38.30 	the home or placed permanently away from the care of the parent or parents or guardian; and
38.31 	(6) the appropriateness of the services provided to the child.
38.32 	(d) When a child is age 16 14 or older, in addition to any administrative review 
38.33 	conducted by the agency, at the in-court review required under section 260C.317, 
38.34 	subdivision 3, clause (3), or 260C.515, subdivision 5 or 6, the court shall review the 
38.35 	independent living plan required under section 260C.212, subdivision 1, paragraph (c), 
38.36 	clause (11) (12), and the provision of services to the child related to the well-being of 
39.1 	the child as the child prepares to leave foster care. The review shall include the actual 
39.2 	plans related to each item in the plan necessary to the child's future safety and well-being 
39.3 	when the child is no longer in foster care.
39.4 	(e) At the court review required under paragraph (d) for a child age 16 14 or older, 
39.5 	the following procedures apply:
39.6 	(1) six months before the child is expected to be discharged from foster care, the 
39.7 	responsible social services agency shall give the written notice required under section 
39.8 	260C.451, subdivision 1, regarding the right to continued access to services for certain 
39.9 	children in foster care past age 18 and of the right to appeal a denial of social services 
39.10 	under section 256.045. The agency shall file a copy of the notice, including the right to 
39.11 	appeal a denial of social services, with the court. If the agency does not file the notice by 
39.12 	the time the child is age 17-1/2, the court shall require the agency to give it;
39.13 	(2) consistent with the requirements of the independent living plan, the court shall 
39.14 	review progress toward or accomplishment of the following goals:
39.15 	(i) the child has obtained a high school diploma or its equivalent;
39.16 	(ii) the child has completed a driver's education course or has demonstrated the 
39.17 	ability to use public transportation in the child's community;
39.18 	(iii) the child is employed or enrolled in postsecondary education;
39.19 	(iv) the child has applied for and obtained postsecondary education financial aid for 
39.20 	which the child is eligible;
39.21 	(v) the child has health care coverage and health care providers to meet the child's 
39.22 	physical and mental health needs;
39.23 	(vi) the child has applied for and obtained disability income assistance for which 
39.24 	the child is eligible;
39.25 	(vii) the child has obtained affordable housing with necessary supports, which does 
39.26 	not include a homeless shelter;
39.27 	(viii) the child has saved sufficient funds to pay for the first month's rent and a 
39.28 	damage deposit;
39.29 	(ix) the child has an alternative affordable housing plan, which does not include a 
39.30 	homeless shelter, if the original housing plan is unworkable;
39.31 	(x) the child, if male, has registered for the Selective Service; and
39.32 	(xi) the child has a permanent connection to a caring adult; and
39.33 	(3) the court shall ensure that the responsible agency in conjunction with the 
39.34 	placement provider assists the child in obtaining the following documents prior to the 
39.35 	child's leaving foster care: a Social Security card; the child's birth certificate; a state 
39.36 	identification card or driver's license, tribal enrollment identification card, green card, or 
40.1 	school visa; the child's school, medical, and dental records; a contact list of the child's 
40.2 	medical, dental, and mental health providers; and contact information for the child's 
40.3 	siblings, if the siblings are in foster care.
40.4 	(f) For a child who will be discharged from foster care at age 18 or older, the 
40.5 	responsible social services agency is required to develop a personalized transition plan as 
40.6 	directed by the youth. The transition plan must be developed during the 90-day period 
40.7 	immediately prior to the expected date of discharge. The transition plan must be as 
40.8 	detailed as the child may elect and include specific options on housing, health insurance, 
40.9 	education, local opportunities for mentors and continuing support services, and work force 
40.10 	supports and employment services. The agency shall ensure that the youth receives, at 
40.11 	no cost to the youth, a copy of the youth's consumer credit report as defined in section 
40.12 	13C.001 and assistance in interpreting and resolving any inaccuracies in the report. The 
40.13 	plan must include information on the importance of designating another individual to 
40.14 	make health care treatment decisions on behalf of the child if the child becomes unable 
40.15 	to participate in these decisions and the child does not have, or does not want, a relative 
40.16 	who would otherwise be authorized to make these decisions. The plan must provide the 
40.17 	child with the option to execute a health care directive as provided under chapter 145C. 
40.18 	The agency shall also provide the youth with appropriate contact information if the youth 
40.19 	needs more information or needs help dealing with a crisis situation through age 21.

40.20 	Sec. 32. Minnesota Statutes 2014, section 260C.212, subdivision 1, is amended to read:
40.21 		Subdivision 1.Out-of-home placement; plan. (a) An out-of-home placement plan 
40.22 	shall be prepared within 30 days after any child is placed in foster care by court order or a 
40.23 	voluntary placement agreement between the responsible social services agency and the 
40.24 	child's parent pursuant to section 260C.227 or chapter 260D.
40.25 	(b) An out-of-home placement plan means a written document which is prepared 
40.26 	by the responsible social services agency jointly with the parent or parents or guardian 
40.27 	of the child and in consultation with the child's guardian ad litem, the child's tribe, if the 
40.28 	child is an Indian child, the child's foster parent or representative of the foster care facility, 
40.29 	and, where appropriate, the child. When a child is age 14 or older, the child may include 
40.30 	two other individuals on the team preparing the child's out-of-home placement plan. For 
40.31 	a child in voluntary foster care for treatment under chapter 260D, preparation of the 
40.32 	out-of-home placement plan shall additionally include the child's mental health treatment 
40.33 	provider. As appropriate, the plan shall be:
40.34 	(1) submitted to the court for approval under section 260C.178, subdivision 7;
41.1 	(2) ordered by the court, either as presented or modified after hearing, under section 
41.2 	260C.178, subdivision 7, or 260C.201, subdivision 6; and
41.3 	(3) signed by the parent or parents or guardian of the child, the child's guardian ad 
41.4 	litem, a representative of the child's tribe, the responsible social services agency, and, if 
41.5 	possible, the child.
41.6 	(c) The out-of-home placement plan shall be explained to all persons involved in its 
41.7 	implementation, including the child who has signed the plan, and shall set forth:
41.8 	(1) a description of the foster care home or facility selected, including how the 
41.9 	out-of-home placement plan is designed to achieve a safe placement for the child in the 
41.10 	least restrictive, most family-like, setting available which is in close proximity to the home 
41.11 	of the parent or parents or guardian of the child when the case plan goal is reunification, 
41.12 	and how the placement is consistent with the best interests and special needs of the child 
41.13 	according to the factors under subdivision 2, paragraph (b);
41.14 	(2) the specific reasons for the placement of the child in foster care, and when 
41.15 	reunification is the plan, a description of the problems or conditions in the home of the 
41.16 	parent or parents which necessitated removal of the child from home and the changes the 
41.17 	parent or parents must make in order for the child to safely return home;
41.18 	(3) a description of the services offered and provided to prevent removal of the child 
41.19 	from the home and to reunify the family including:
41.20 	(i) the specific actions to be taken by the parent or parents of the child to eliminate 
41.21 	or correct the problems or conditions identified in clause (2), and the time period during 
41.22 	which the actions are to be taken; and
41.23 	(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 
41.24 	to achieve a safe and stable home for the child including social and other supportive 
41.25 	services to be provided or offered to the parent or parents or guardian of the child, the 
41.26 	child, and the residential facility during the period the child is in the residential facility;
41.27 	(4) a description of any services or resources that were requested by the child or the 
41.28 	child's parent, guardian, foster parent, or custodian since the date of the child's placement 
41.29 	in the residential facility, and whether those services or resources were provided and if 
41.30 	not, the basis for the denial of the services or resources;
41.31 	(5) the visitation plan for the parent or parents or guardian, other relatives as defined 
41.32 	in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed 
41.33 	together in foster care, and whether visitation is consistent with the best interest of the 
41.34 	child, during the period the child is in foster care;
41.35 	(6) when a child cannot return to or be in the care of either parent, documentation 
41.36 	of steps to finalize adoption as the permanency plan for the child, including: (i) through
42.1 	reasonable efforts to place the child for adoption. At a minimum, the documentation must 
42.2 	include consideration of whether adoption is in the best interests of the child, child-specific 
42.3 	recruitment efforts such as relative search and the use of state, regional, and national 
42.4 	adoption exchanges to facilitate orderly and timely placements in and outside of the state. 
42.5 	A copy of this documentation shall be provided to the court in the review required under 
42.6 	section 260C.317, subdivision 3, paragraph (b); and
42.7 	(ii) documentation necessary to support the requirements of the kinship placement 
42.8 	agreement under section 256N.22 when adoption is determined not to be in the child's 
42.9 	best interests; (7) when a child cannot return to or be in the care of either parent, 
42.10 	documentation of steps to finalize the transfer of permanent legal and physical custody 
42.11 	to a relative as the permanency plan for the child. This documentation must support the 
42.12 	requirements of the kinship placement agreement under section 256N.22 and must include 
42.13 	the reasonable efforts used to determine that it is not appropriate for the child to return 
42.14 	home or be adopted, and reasons why permanent placement with a relative through a 
42.15 	Northstar kinship assistance arrangement is in the child's best interest; how the child meets 
42.16 	the eligibility requirements for Northstar kinship assistance payments; agency efforts to 
42.17 	discuss adoption with the child's relative foster parent and reasons why the relative foster 
42.18 	parent chose not to pursue adoption, if applicable; and agency efforts to discuss with the 
42.19 	child's parent or parents the permanent transfer of permanent legal and physical custody or 
42.20 	the reasons why these efforts were not made;
42.21 	(7) (8) efforts to ensure the child's educational stability while in foster care, including:
42.22 	(i) efforts to ensure that the child remains in the same school in which the child was 
42.23 	enrolled prior to placement or upon the child's move from one placement to another, 
42.24 	including efforts to work with the local education authorities to ensure the child's 
42.25 	educational stability; or
42.26 	(ii) if it is not in the child's best interest to remain in the same school that the child 
42.27 	was enrolled in prior to placement or move from one placement to another, efforts to 
42.28 	ensure immediate and appropriate enrollment for the child in a new school;
42.29 	(8) (9) the educational records of the child including the most recent information 
42.30 	available regarding:
42.31 	(i) the names and addresses of the child's educational providers;
42.32 	(ii) the child's grade level performance;
42.33 	(iii) the child's school record;
42.34 	(iv) a statement about how the child's placement in foster care takes into account 
42.35 	proximity to the school in which the child is enrolled at the time of placement; and
42.36 	(v) any other relevant educational information;
43.1 	(9) (10) the efforts by the local agency to ensure the oversight and continuity of 
43.2 	health care services for the foster child, including:
43.3 	(i) the plan to schedule the child's initial health screens;
43.4 	(ii) how the child's known medical problems and identified needs from the screens, 
43.5 	including any known communicable diseases, as defined in section 144.4172, subdivision 
43.6 	2, will be monitored and treated while the child is in foster care;
43.7 	(iii) how the child's medical information will be updated and shared, including 
43.8 	the child's immunizations;
43.9 	(iv) who is responsible to coordinate and respond to the child's health care needs, 
43.10 	including the role of the parent, the agency, and the foster parent;
43.11 	(v) who is responsible for oversight of the child's prescription medications;
43.12 	(vi) how physicians or other appropriate medical and nonmedical professionals 
43.13 	will be consulted and involved in assessing the health and well-being of the child and 
43.14 	determine the appropriate medical treatment for the child; and
43.15 	(vii) the responsibility to ensure that the child has access to medical care through 
43.16 	either medical insurance or medical assistance;
43.17 	(10) (11) the health records of the child including information available regarding:
43.18 	(i) the names and addresses of the child's health care and dental care providers;
43.19 	(ii) a record of the child's immunizations;
43.20 	(iii) the child's known medical problems, including any known communicable 
43.21 	diseases as defined in section 144.4172, subdivision 2;
43.22 	(iv) the child's medications; and
43.23 	(v) any other relevant health care information such as the child's eligibility for 
43.24 	medical insurance or medical assistance;
43.25 	(11) (12) an independent living plan for a child age 16 14 or older. The plan should 
43.26 	include, but not be limited to, the following objectives:
43.27 	(i) educational, vocational, or employment planning;
43.28 	(ii) health care planning and medical coverage;
43.29 	(iii) transportation including, where appropriate, assisting the child in obtaining a 
43.30 	driver's license;
43.31 	(iv) money management, including the responsibility of the agency to ensure that 
43.32 	the youth annually receives, at no cost to the youth, a consumer report as defined under 
43.33 	section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
43.34 	(v) planning for housing;
43.35 	(vi) social and recreational skills; and
44.1 	(vii) establishing and maintaining connections with the child's family and 
44.2 	community; and
44.3 	(viii) regular opportunities to engage in age-appropriate or developmentally 
44.4 	appropriate activities typical for the child's age group, taking into consideration the 
44.5 	capacities of the individual child; and
44.6 	(12) (13) for a child in voluntary foster care for treatment under chapter 260D, 
44.7 	diagnostic and assessment information, specific services relating to meeting the mental 
44.8 	health care needs of the child, and treatment outcomes.
44.9 	(d) The parent or parents or guardian and the child each shall have the right to legal 
44.10 	counsel in the preparation of the case plan and shall be informed of the right at the time 
44.11 	of placement of the child. The child shall also have the right to a guardian ad litem. 
44.12 	If unable to employ counsel from their own resources, the court shall appoint counsel 
44.13 	upon the request of the parent or parents or the child or the child's legal guardian. The 
44.14 	parent or parents may also receive assistance from any person or social services agency 
44.15 	in preparation of the case plan.
44.16 	After the plan has been agreed upon by the parties involved or approved or ordered 
44.17 	by the court, the foster parents shall be fully informed of the provisions of the case plan 
44.18 	and shall be provided a copy of the plan.
44.19 	Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 
44.20 	physical custodian, as appropriate, and the child, if appropriate, must be provided with 
44.21 	a current copy of the child's health and education record.

44.22 	Sec. 33. Minnesota Statutes 2014, section 260C.212, is amended by adding a 
44.23 	subdivision to read:
44.24 		Subd. 13.Protecting missing and runaway children and youth at risk of sex 
44.25 	trafficking. (a) The local social services agency shall expeditiously locate any child 
44.26 	missing from foster care.
44.27 	(b) The local social services agency shall report immediately, but no later than 
44.28 	24 hours, after receiving information on a missing or abducted child to the local law 
44.29 	enforcement agency for entry into the National Crime Information Center (NCIC) 
44.30 	database of the Federal Bureau of Investigation, and to the National Center for Missing 
44.31 	and Exploited Children.
44.32 	(c) The local social services agency shall not discharge a child from foster care or 
44.33 	close the social services case until diligent efforts have been exhausted to locate the child 
44.34 	and the court terminates the agency's jurisdiction.
45.1 	(d) The local social services agency shall determine the primary factors that 
45.2 	contributed to the child's running away or otherwise being absent from care and, to 
45.3 	the extent possible and appropriate, respond to those factors in current and subsequent 
45.4 	placements.
45.5 	(e) The local social services agency shall determine what the child experienced 
45.6 	while absent from care, including screening the child to determine if the child is a possible 
45.7 	sex trafficking victim as defined in section 609.321, subdivision 7b.
45.8 	(f) The local social services agency shall report immediately, but no later than 24 
45.9 	hours, to the local law enforcement agency any reasonable cause to believe a child is, or is 
45.10 	at risk of being, a sex trafficking victim.
45.11 	(g) The local social services agency shall determine appropriate services as described 
45.12 	in section 145.4717 with respect to any child for whom the local social services agency has 
45.13 	responsibility for placement, care, or supervision when the local social services agency 
45.14 	has reasonable cause to believe the child is, or is at risk of being, a sex trafficking victim.

45.15 	Sec. 34. Minnesota Statutes 2014, section 260C.212, is amended by adding a 
45.16 	subdivision to read:
45.17 		Subd. 14.Support age-appropriate and developmentally appropriate activities 
45.18 	for foster children. Responsible social services agencies and child-placing agencies shall 
45.19 	support a foster child's emotional and developmental growth by permitting the child 
45.20 	to participate in activities or events that are generally accepted as suitable for children 
45.21 	of the same chronological age or are developmentally appropriate for the child. Foster 
45.22 	parents and residential facility staff are permitted to allow foster children to participate in 
45.23 	extracurricular, social, or cultural activities that are typical for the child's age by applying 
45.24 	reasonable and prudent parenting standards. Reasonable and prudent parenting standards 
45.25 	are characterized by careful and sensible parenting decisions that maintain the child's 
45.26 	health and safety, and are made in the child's best interest.

45.27 	Sec. 35. Minnesota Statutes 2014, section 260C.221, is amended to read:
45.28 	260C.221 RELATIVE SEARCH.
45.29 	(a) The responsible social services agency shall exercise due diligence to identify 
45.30 	and notify adult relatives prior to placement or within 30 days after the child's removal 
45.31 	from the parent. The county agency shall consider placement with a relative under this 
45.32 	section without delay and whenever the child must move from or be returned to foster 
45.33 	care. The relative search required by this section shall be comprehensive in scope. After a 
45.34 	finding that the agency has made reasonable efforts to conduct the relative search under 
46.1 	this paragraph, the agency has the continuing responsibility to appropriately involve 
46.2 	relatives, who have responded to the notice required under this paragraph, in planning 
46.3 	for the child and to continue to consider relatives according to the requirements of 
46.4 	section 260C.212, subdivision 2. At any time during the course of juvenile protection 
46.5 	proceedings, the court may order the agency to reopen its search for relatives when it is in 
46.6 	the child's best interest to do so.
46.7 	(b) The relative search required by this section shall include both maternal relatives
46.8 	and paternal adult relatives of the child; all adult grandparents; all legal parents, guardians 
46.9 	or custodians; the child's siblings; and any other adult relatives suggested by the child's 
46.10 	parents, subject to the exceptions due to family violence in paragraph (c). The search shall 
46.11 	also include getting information from the child in an age-appropriate manner about who 
46.12 	the child considers to be family members and important friends with whom the child has 
46.13 	resided or had significant contact. The relative search required under this section must 
46.14 	fulfill the agency's duties under the Indian Child Welfare Act regarding active efforts 
46.15 	to prevent the breakup of the Indian family under United States Code, title 25, section 
46.16 	1912(d), and to meet placement preferences under United States Code, title 25, section 
46.17 	1915. The relatives must be notified:
46.18 	(1) of the need for a foster home for the child, the option to become a placement 
46.19 	resource for the child, and the possibility of the need for a permanent placement for the 
46.20 	child;
46.21 	(2) of their responsibility to keep the responsible social services agency and the court 
46.22 	informed of their current address in order to receive notice in the event that a permanent 
46.23 	placement is sought for the child and to receive notice of the permanency progress review 
46.24 	hearing under section 260C.204. A relative who fails to provide a current address to the 
46.25 	responsible social services agency and the court forfeits the right to receive notice of the 
46.26 	possibility of permanent placement and of the permanency progress review hearing under 
46.27 	section 260C.204. A decision by a relative not to be identified as a potential permanent 
46.28 	placement resource or participate in planning for the child at the beginning of the case 
46.29 	shall not affect whether the relative is considered for placement of the child with that 
46.30 	relative later;
46.31 	(3) that the relative may participate in the care and planning for the child, including 
46.32 	that the opportunity for such participation may be lost by failing to respond to the notice 
46.33 	sent under this subdivision. "Participate in the care and planning" includes, but is not 
46.34 	limited to, participation in case planning for the parent and child, identifying the strengths 
46.35 	and needs of the parent and child, supervising visits, providing respite and vacation visits 
46.36 	for the child, providing transportation to appointments, suggesting other relatives who 
47.1 	might be able to help support the case plan, and to the extent possible, helping to maintain 
47.2 	the child's familiar and regular activities and contact with friends and relatives;
47.3 	(4) of the family foster care licensing requirements, including how to complete an 
47.4 	application and how to request a variance from licensing standards that do not present a 
47.5 	safety or health risk to the child in the home under section 245A.04 and supports that are 
47.6 	available for relatives and children who reside in a family foster home; and
47.7 	(5) of the relatives' right to ask to be notified of any court proceedings regarding 
47.8 	the child, to attend the hearings, and of a relative's right or opportunity to be heard by the 
47.9 	court as required under section 260C.152, subdivision 5.
47.10 	(b) (c) A responsible social services agency may disclose private data, as defined 
47.11 	in sections 13.02 and 626.556, to relatives of the child for the purpose of locating and 
47.12 	assessing a suitable placement and may use any reasonable means of identifying and 
47.13 	locating relatives including the Internet or other electronic means of conducting a search. 
47.14 	The agency shall disclose data that is necessary to facilitate possible placement with 
47.15 	relatives and to ensure that the relative is informed of the needs of the child so the 
47.16 	relative can participate in planning for the child and be supportive of services to the child 
47.17 	and family. If the child's parent refuses to give the responsible social services agency 
47.18 	information sufficient to identify the maternal and paternal relatives of the child, the 
47.19 	agency shall ask the juvenile court to order the parent to provide the necessary information. 
47.20 	If a parent makes an explicit request that a specific relative not be contacted or considered 
47.21 	for placement due to safety reasons including past family or domestic violence, the agency 
47.22 	shall bring the parent's request to the attention of the court to determine whether the 
47.23 	parent's request is consistent with the best interests of the child and the agency shall not 
47.24 	contact the specific relative when the juvenile court finds that contacting the specific 
47.25 	relative would endanger the parent, guardian, child, sibling, or any family member.
47.26 	(c) (d) At a regularly scheduled hearing not later than three months after the child's 
47.27 	placement in foster care and as required in section 260C.202, the agency shall report to 
47.28 	the court:
47.29 	(1) its efforts to identify maternal and paternal relatives of the child and to engage 
47.30 	the relatives in providing support for the child and family, and document that the relatives 
47.31 	have been provided the notice required under paragraph (a); and
47.32 	(2) its decision regarding placing the child with a relative as required under section 
47.33 	260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in 
47.34 	order to support family connections for the child, when placement with a relative is not 
47.35 	possible or appropriate.
48.1 	(d) (e) Notwithstanding chapter 13, the agency shall disclose data about particular 
48.2 	relatives identified, searched for, and contacted for the purposes of the court's review of 
48.3 	the agency's due diligence.
48.4 	(e) (f) When the court is satisfied that the agency has exercised due diligence to 
48.5 	identify relatives and provide the notice required in paragraph (a), the court may find that 
48.6 	reasonable efforts have been made to conduct a relative search to identify and provide 
48.7 	notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the 
48.8 	court is not satisfied that the agency has exercised due diligence to identify relatives and 
48.9 	provide the notice required in paragraph (a), the court may order the agency to continue its 
48.10 	search and notice efforts and to report back to the court.
48.11 	(f) (g) When the placing agency determines that permanent placement proceedings 
48.12 	are necessary because there is a likelihood that the child will not return to a parent's 
48.13 	care, the agency must send the notice provided in paragraph (g) (h), may ask the court to 
48.14 	modify the duty of the agency to send the notice required in paragraph (g) (h), or may 
48.15 	ask the court to completely relieve the agency of the requirements of paragraph (g) (h). 
48.16 	The relative notification requirements of paragraph (g) (h) do not apply when the child is 
48.17 	placed with an appropriate relative or a foster home that has committed to adopting the 
48.18 	child or taking permanent legal and physical custody of the child and the agency approves 
48.19 	of that foster home for permanent placement of the child. The actions ordered by the 
48.20 	court under this section must be consistent with the best interests, safety, permanency, 
48.21 	and welfare of the child.
48.22 	(g) (h) Unless required under the Indian Child Welfare Act or relieved of this duty 
48.23 	by the court under paragraph (e) (f), when the agency determines that it is necessary to 
48.24 	prepare for permanent placement determination proceedings, or in anticipation of filing a 
48.25 	termination of parental rights petition, the agency shall send notice to the relatives, any 
48.26 	adult with whom the child is currently residing, any adult with whom the child has resided 
48.27 	for one year or longer in the past, and any adults who have maintained a relationship or 
48.28 	exercised visitation with the child as identified in the agency case plan. The notice must 
48.29 	state that a permanent home is sought for the child and that the individuals receiving the 
48.30 	notice may indicate to the agency their interest in providing a permanent home. The notice 
48.31 	must state that within 30 days of receipt of the notice an individual receiving the notice must 
48.32 	indicate to the agency the individual's interest in providing a permanent home for the child 
48.33 	or that the individual may lose the opportunity to be considered for a permanent placement.

48.34 	Sec. 36. Minnesota Statutes 2014, section 260C.331, subdivision 1, is amended to read:
49.1 		Subdivision 1.Care, examination, or treatment. (a) Except where parental rights 
49.2 	are terminated,
49.3 	(1) whenever legal custody of a child is transferred by the court to a responsible 
49.4 	social services agency,
49.5 	(2) whenever legal custody is transferred to a person other than the responsible social 
49.6 	services agency, but under the supervision of the responsible social services agency, or
49.7 	(3) whenever a child is given physical or mental examinations or treatment under 
49.8 	order of the court, and no provision is otherwise made by law for payment for the care, 
49.9 	examination, or treatment of the child, these costs are a charge upon the welfare funds of 
49.10 	the county in which proceedings are held upon certification of the judge of juvenile court.
49.11 	(b) The court shall order, and the responsible social services agency shall require, 
49.12 	the parents or custodian of a child, while the child is under the age of 18, to use the 
49.13 	total income and resources attributable to the child for the period of care, examination, 
49.14 	or treatment, except for clothing and personal needs allowance as provided in section 
49.15 	256B.35, to reimburse the county for the cost of care, examination, or treatment. Income 
49.16 	and resources attributable to the child include, but are not limited to, Social Security 
49.17 	benefits, Supplemental Security Income (SSI), veterans benefits, railroad retirement 
49.18 	benefits and child support. When the child is over the age of 18, and continues to receive 
49.19 	care, examination, or treatment, the court shall order, and the responsible social services 
49.20 	agency shall require, reimbursement from the child for the cost of care, examination, or 
49.21 	treatment from the income and resources attributable to the child less the clothing and 
49.22 	personal needs allowance. Income does not include earnings from a child over the age of 
49.23 	18 who is working as part of a plan under section 260C.212, subdivision 1, paragraph (c), 
49.24 	clause (11) (12), to transition from foster care, or the income and resources from sources 
49.25 	other than Supplemental Security Income and child support that are needed to complete 
49.26 	the requirements listed in section 260C.203.
49.27 	(c) If the income and resources attributable to the child are not enough to reimburse 
49.28 	the county for the full cost of the care, examination, or treatment, the court shall inquire 
49.29 	into the ability of the parents to support the child and, after giving the parents a reasonable 
49.30 	opportunity to be heard, the court shall order, and the responsible social services agency 
49.31 	shall require, the parents to contribute to the cost of care, examination, or treatment of 
49.32 	the child. When determining the amount to be contributed by the parents, the court shall 
49.33 	use a fee schedule based upon ability to pay that is established by the responsible social 
49.34 	services agency and approved by the commissioner of human services. The income of 
49.35 	a stepparent who has not adopted a child shall be excluded in calculating the parental 
49.36 	contribution under this section.
50.1 	(d) The court shall order the amount of reimbursement attributable to the parents 
50.2 	or custodian, or attributable to the child, or attributable to both sources, withheld under 
50.3 	chapter 518A from the income of the parents or the custodian of the child. A parent or 
50.4 	custodian who fails to pay without good reason may be proceeded against for contempt, or 
50.5 	the court may inform the county attorney, who shall proceed to collect the unpaid sums, 
50.6 	or both procedures may be used.
50.7 	(e) If the court orders a physical or mental examination for a child, the examination 
50.8 	is a medically necessary service for purposes of determining whether the service is 
50.9 	covered by a health insurance policy, health maintenance contract, or other health 
50.10 	coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan 
50.11 	requirements for medical necessity. Nothing in this paragraph changes or eliminates 
50.12 	benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions, 
50.13 	or other requirements in the policy, contract, or plan that relate to coverage of other 
50.14 	medically necessary services.
50.15 	(f) Notwithstanding paragraph (b), (c), or (d), a parent, custodian, or guardian of the 
50.16 	child is not required to use income and resources attributable to the child to reimburse 
50.17 	the county for costs of care and is not required to contribute to the cost of care of the 
50.18 	child during any period of time when the child is returned to the home of that parent, 
50.19 	custodian, or guardian pursuant to a trial home visit under section 260C.201, subdivision 
50.20 	1, paragraph (a).

50.21 	Sec. 37. Minnesota Statutes 2014, section 260C.451, subdivision 2, is amended to read:
50.22 		Subd. 2.Independent living plan. Upon the request of any child in foster care 
50.23 	immediately prior to the child's 18th birthday and who is in foster care at the time 
50.24 	of the request, the responsible social services agency shall, in conjunction with the 
50.25 	child and other appropriate parties, update the independent living plan required under 
50.26 	section 260C.212, subdivision 1, paragraph (c), clause (11) (12), related to the child's 
50.27 	employment, vocational, educational, social, or maturational needs. The agency shall 
50.28 	provide continued services and foster care for the child including those services that are 
50.29 	necessary to implement the independent living plan.

50.30 	Sec. 38. Minnesota Statutes 2014, section 260C.451, subdivision 6, is amended to read:
50.31 		Subd. 6.Reentering foster care and accessing services after age 18. (a) 
50.32 	Upon request of an individual between the ages of 18 and 21 who had been under the 
50.33 	guardianship of the commissioner and who has left foster care without being adopted, the 
50.34 	responsible social services agency which had been the commissioner's agent for purposes 
51.1 	of the guardianship shall develop with the individual a plan to increase the individual's 
51.2 	ability to live safely and independently using the plan requirements of section 260C.212, 
51.3 	subdivision 1, paragraph (b) (c), clause (11) (12), and to assist the individual to meet 
51.4 	one or more of the eligibility criteria in subdivision 4 if the individual wants to reenter 
51.5 	foster care. The agency shall provide foster care as required to implement the plan. The 
51.6 	agency shall enter into a voluntary placement agreement under section 260C.229 with the 
51.7 	individual if the plan includes foster care.
51.8 	(b) Individuals who had not been under the guardianship of the commissioner of 
51.9 	human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter 
51.10 	foster care after age 18 and, to the extent funds are available, the responsible social 
51.11 	services agency that had responsibility for planning for the individual before discharge 
51.12 	from foster care may provide foster care or other services to the individual for the purpose 
51.13 	of increasing the individual's ability to live safely and independently and to meet the 
51.14 	eligibility criteria in subdivision 3a, if the individual:
51.15 	(1) was in foster care for the six consecutive months prior to the person's 18th 
51.16 	birthday and was not discharged home, adopted, or received into a relative's home under a 
51.17 	transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or
51.18 	(2) was discharged from foster care while on runaway status after age 15.
51.19 	(c) In conjunction with a qualifying and eligible individual under paragraph (b) and 
51.20 	other appropriate persons, the responsible social services agency shall develop a specific 
51.21 	plan related to that individual's vocational, educational, social, or maturational needs 
51.22 	and, to the extent funds are available, provide foster care as required to implement the 
51.23 	plan. The agency shall enter into a voluntary placement agreement with the individual 
51.24 	if the plan includes foster care.
51.25 	(d) Youth who left foster care while under guardianship of the commissioner of 
51.26 	human services retain eligibility for foster care for placement at any time between the 
51.27 	ages of 18 and 21.

51.28 	Sec. 39. Minnesota Statutes 2014, section 260C.515, subdivision 5, is amended to read:
51.29 		Subd. 5.Permanent custody to agency. The court may order permanent custody to 
51.30 	the responsible social services agency for continued placement of the child in foster care 
51.31 	but only if it approves the responsible social services agency's compelling reasons that no 
51.32 	other permanency disposition order is in the child's best interests and:
51.33 	(1) the child has reached age 12 16, and has been asked about the child's desired 
51.34 	permanency outcome;
52.1 	(2) the child is a sibling of a child described in clause (1) and the siblings have a 
52.2 	significant positive relationship and are ordered into the same foster home;
52.3 	(3) the responsible social services agency has made reasonable efforts to locate and 
52.4 	place the child with an adoptive family or a fit and willing relative who would either agree 
52.5 	to adopt the child or to a transfer of permanent legal and physical custody of the child, but 
52.6 	these efforts have not proven successful; and
52.7 	(4) the parent will continue to have visitation or contact with the child and will 
52.8 	remain involved in planning for the child.

52.9 	Sec. 40. Minnesota Statutes 2014, section 260C.521, subdivision 1, is amended to read:
52.10 		Subdivision 1.Child in permanent custody of responsible social services agency.
 52.11 	(a) Court reviews of an order for permanent custody to the responsible social services 
52.12 	agency for placement of the child in foster care must be conducted at least yearly at an 
52.13 	in-court appearance hearing.
52.14 	(b) The purpose of the review hearing is to ensure:
52.15 	(1) the order for permanent custody to the responsible social services agency for 
52.16 	placement of the child in foster care continues to be in the best interests of the child and 
52.17 	that no other permanency disposition order is in the best interests of the child;
52.18 	(2) that the agency is assisting the child to build connections to the child's family 
52.19 	and community; and
52.20 	(3) that the agency is appropriately planning with the child for development of 
52.21 	independent living skills for the child and, as appropriate, for the orderly and successful 
52.22 	transition to independent living that may occur if the child continues in foster care without 
52.23 	another permanency disposition order.
52.24 	(c) The court must review the child's out-of-home placement plan and the reasonable 
52.25 	efforts of the agency to finalize an alternative permanent plan for the child including the 
52.26 	agency's efforts to:
52.27 	(1) ensure that permanent custody to the agency with placement of the child in 
52.28 	foster care continues to be the most appropriate legal arrangement for meeting the child's 
52.29 	need for permanency and stability or, if not, to identify and attempt to finalize another 
52.30 	permanency disposition order under this chapter that would better serve the child's needs 
52.31 	and best interests;
52.32 	(2) identify a specific foster home for the child, if one has not already been identified;
52.33 	(3) support continued placement of the child in the identified home, if one has been 
52.34 	identified;
53.1 	(4) ensure appropriate services are provided to address the physical health, mental 
53.2 	health, and educational needs of the child during the period of foster care and also ensure 
53.3 	appropriate services or assistance to maintain relationships with appropriate family 
53.4 	members and the child's community; and
53.5 	(5) plan for the child's independence upon the child's leaving foster care living as 
53.6 	required under section 260C.212, subdivision 1.
53.7 	(d) The court may find that the agency has made reasonable efforts to finalize the 
53.8 	permanent plan for the child when:
53.9 	(1) the agency has made reasonable efforts to identify a more legally permanent 
53.10 	home for the child than is provided by an order for permanent custody to the agency 
53.11 	for placement in foster care; and
53.12 	(2) the child has been asked about the child's desired permanency outcome; and
53.13 	(2) (3) the agency's engagement of the child in planning for independent living is 
53.14 	reasonable and appropriate.

53.15 	Sec. 41. Minnesota Statutes 2014, section 260C.521, subdivision 2, is amended to read:
53.16 		Subd. 2.Modifying order for permanent legal and physical custody to a 
53.17 	relative. (a) An order for a relative to have permanent legal and physical custody of a 
53.18 	child may be modified using standards under sections 518.18 and 518.185.
53.19 	(b) When a child is receiving Northstar kinship assistance under chapter 256N, if 
53.20 	a relative named as permanent legal and physical custodian in an order made under this 
53.21 	chapter becomes incapacitated or dies, a successor custodian named in the Northstar 
53.22 	Care for Children kinship assistance benefit agreement under section 256N.25 may file 
53.23 	a request to modify the order for permanent legal and physical custody to name the 
53.24 	successor custodian as the permanent legal and physical custodian of the child. The court 
53.25 	may modify the order to name the successor custodian as the permanent legal and physical 
53.26 	custodian upon reviewing the background study required under section 245C.33 if the 
53.27 	court finds the modification is in the child's best interests.
53.28 	(c) The social services agency is a party to the proceeding and must receive notice.

53.29 	Sec. 42. Minnesota Statutes 2014, section 260C.607, subdivision 4, is amended to read:
53.30 		Subd. 4.Content of review. (a) The court shall review:
53.31 	(1) the agency's reasonable efforts under section 260C.605 to finalize an adoption 
53.32 	for the child as appropriate to the stage of the case; and
54.1 	(2) the child's current out-of-home placement plan required under section 260C.212, 
54.2 	subdivision 1, to ensure the child is receiving all services and supports required to meet 
54.3 	the child's needs as they relate to the child's:
54.4 	(i) placement;
54.5 	(ii) visitation and contact with siblings;
54.6 	(iii) visitation and contact with relatives;
54.7 	(iv) medical, mental, and dental health; and
54.8 	(v) education.
54.9 	(b) When the child is age 16 14 and older, and as long as the child continues in foster 
54.10 	care, the court shall also review the agency's planning for the child's independent living 
54.11 	after leaving foster care including how the agency is meeting the requirements of section 
54.12 	260C.212, subdivision 1, paragraph (c), clause (11) (12). The court shall use the review 
54.13 	requirements of section 260C.203 in any review conducted under this paragraph.

54.14 	Sec. 43. Minnesota Statutes 2014, section 518A.32, subdivision 2, is amended to read:
54.15 		Subd. 2.Methods. Determination of potential income must be made according 
54.16 	to one of three methods, as appropriate:
54.17 	(1) the parent's probable earnings level based on employment potential, recent 
54.18 	work history, and occupational qualifications in light of prevailing job opportunities and 
54.19 	earnings levels in the community;
54.20 	(2) if a parent is receiving unemployment compensation or workers' compensation, 
54.21 	that parent's income may be calculated using the actual amount of the unemployment 
54.22 	compensation or workers' compensation benefit received; or
54.23 	(3) the amount of income a parent could earn working full time 30 hours per week at 
54.24 	150 100 percent of the current federal or state minimum wage, whichever is higher.

54.25 	Sec. 44. Minnesota Statutes 2014, section 518A.39, subdivision 1, is amended to read:
54.26 		Subdivision 1.Authority. After an order under this chapter or chapter 518 for 
54.27 	maintenance or support money, temporary or permanent, or for the appointment of trustees 
54.28 	to receive property awarded as maintenance or support money, the court may from time to 
54.29 	time, on motion of either of the parties, a copy of which is served on the public authority 
54.30 	responsible for child support enforcement if payments are made through it, or on motion 
54.31 	of the public authority responsible for support enforcement, modify the order respecting 
54.32 	the amount of maintenance or support money or medical support, and the payment of it, 
54.33 	and also respecting the appropriation and payment of the principal and income of property 
54.34 	held in trust, and may make an order respecting these matters which it might have made 
55.1 	in the original proceeding, except as herein otherwise provided. A party or the public 
55.2 	authority also may bring a motion for contempt of court if the obligor is in arrears in 
55.3 	support or maintenance payments.

55.4 	EFFECTIVE DATE. This section is effective January 1, 2016.

55.5 	Sec. 45. Minnesota Statutes 2014, section 518A.39, is amended by adding a 
55.6 	subdivision to read:
55.7 		Subd. 8.Medical support-only modification. (a) The medical support terms of 
55.8 	a support order and determination of the child dependency tax credit may be modified 
55.9 	without modification of the full order for support or maintenance, if the order has been 
55.10 	established or modified in its entirety within three years from the date of the motion, and 
55.11 	upon a showing of one or more of the following:
55.12 	(1) a change in the availability of appropriate health care coverage or a substantial 
55.13 	increase or decrease in health care coverage costs;
55.14 	(2) a change in the eligibility for medical assistance under chapter 256B;
55.15 	(3) a party's failure to carry court-ordered coverage, or to provide other medical 
55.16 	support as ordered;
55.17 	(4) the federal child dependency tax credit is not ordered for the same parent who is 
55.18 	ordered to carry health care coverage; or
55.19 	(5) the federal child dependency tax credit is not addressed in the order and the 
55.20 	noncustodial parent is ordered to carry health care coverage.
55.21 	(b) For a motion brought under this subdivision, a modification of the medical 
55.22 	support terms of an order may be made retroactive only with respect to any period during 
55.23 	which the petitioning party has pending a motion for modification, but only from the date 
55.24 	of service of notice of the motion on the responding party and on the public authority if 
55.25 	public assistance is being furnished or the county attorney is the attorney of record.
55.26 	(c) The court need not hold an evidentiary hearing on a motion brought under this 
55.27 	subdivision for modification of medical support only.
55.28 	(d) Sections 518.14 and 518A.735 shall govern the award of attorney fees for 
55.29 	motions brought under this subdivision.
55.30 	(e) The PICS originally stated in the order being modified shall be used to determine 
55.31 	the modified medical support order under section 518A.41 for motions brought under 
55.32 	this subdivision.

55.33 	EFFECTIVE DATE. This section is effective January 1, 2016.

56.1 	Sec. 46. Minnesota Statutes 2014, section 518A.41, subdivision 1, is amended to read:
56.2 		Subdivision 1.Definitions. The definitions in this subdivision apply to this chapter 
56.3 	and chapter 518.
56.4 	(a) "Health care coverage" means medical, dental, or other health care benefits that 
56.5 	are provided by one or more health plans. Health care coverage does not include any 
56.6 	form of public coverage.
56.7 	(b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision 
56.8 	2, and 62L.02, subdivision 16.
56.9 	(c) "Health plan" means a plan, other than any form of public coverage, that provides 
56.10 	medical, dental, or other health care benefits and is:
56.11 	(1) provided on an individual or group basis;
56.12 	(2) provided by an employer or union;
56.13 	(3) purchased in the private market; or
56.14 	(4) available to a person eligible to carry insurance for the joint child, including a 
56.15 	party's spouse or parent.
56.16 	Health plan includes, but is not limited to, a plan meeting the definition under section 
56.17 	62A.011, subdivision 3, except that the exclusion of coverage designed solely to provide 
56.18 	dental or vision care under section 62A.011, subdivision 3, clause (6), does not apply to 
56.19 	the definition of health plan under this section; a group health plan governed under the 
56.20 	federal Employee Retirement Income Security Act of 1974 (ERISA); a self-insured plan 
56.21 	under sections 43A.23 to 43A.317 and 471.617; and a policy, contract, or certificate issued 
56.22 	by a community-integrated service network licensed under chapter 62N.
56.23 	(d) "Medical support" means providing health care coverage for a joint child by 
56.24 	carrying health care coverage for the joint child or by contributing to the cost of health 
56.25 	care coverage, public coverage, unreimbursed medical expenses, and uninsured medical 
56.26 	expenses of the joint child.
56.27 	(e) "National medical support notice" means an administrative notice issued by the 
56.28 	public authority to enforce health insurance provisions of a support order in accordance 
56.29 	with Code of Federal Regulations, title 45, section 303.32, in cases where the public 
56.30 	authority provides support enforcement services.
56.31 	(f) "Public coverage" means health care benefits provided by any form of medical 
56.32 	assistance under chapter 256B or MinnesotaCare under chapter 256L. Public coverage 
56.33 	does not include MinnesotaCare or health plans subsidized by federal premium tax credits 
56.34 	or federal cost-sharing reductions.
57.1 	(g) "Uninsured medical expenses" means a joint child's reasonable and necessary 
57.2 	health-related expenses if the joint child is not covered by a health plan or public coverage 
57.3 	when the expenses are incurred.
57.4 	(h) "Unreimbursed medical expenses" means a joint child's reasonable and necessary 
57.5 	health-related expenses if a joint child is covered by a health plan or public coverage and 
57.6 	the plan or coverage does not pay for the total cost of the expenses when the expenses 
57.7 	are incurred. Unreimbursed medical expenses do not include the cost of premiums. 
57.8 	Unreimbursed medical expenses include, but are not limited to, deductibles, co-payments, 
57.9 	and expenses for orthodontia, and prescription eyeglasses and contact lenses, but not 
57.10 	over-the-counter medications if coverage is under a health plan.

57.11 	Sec. 47. Minnesota Statutes 2014, section 518A.41, subdivision 3, is amended to read:
57.12 		Subd. 3.Determining appropriate health care coverage.  In determining whether 
57.13 	a parent has appropriate health care coverage for the joint child, the court must consider 
57.14 	the following factors:
57.15 	(1) comprehensiveness of health care coverage providing medical benefits. 
57.16 	Dependent health care coverage providing medical benefits is presumed comprehensive if 
57.17 	it includes medical and hospital coverage and provides for preventive, emergency, acute, 
57.18 	and chronic care; or if it meets the minimum essential coverage definition in United 
57.19 	States Code, title 26, section 500A(f). If both parents have health care coverage providing 
57.20 	medical benefits that is presumed comprehensive under this paragraph, the court must 
57.21 	determine which parent's coverage is more comprehensive by considering what other 
57.22 	benefits are included in the coverage;
57.23 	(2) accessibility. Dependent health care coverage is accessible if the covered joint 
57.24 	child can obtain services from a health plan provider with reasonable effort by the parent 
57.25 	with whom the joint child resides. Health care coverage is presumed accessible if:
57.26 	(i) primary care is available within 30 minutes or 30 miles of the joint child's residence 
57.27 	and specialty care is available within 60 minutes or 60 miles of the joint child's residence;
57.28 	(ii) the health care coverage is available through an employer and the employee can 
57.29 	be expected to remain employed for a reasonable amount of time; and
57.30 	(iii) no preexisting conditions exist to unduly delay enrollment in health care 
57.31 	coverage;
57.32 	(3) the joint child's special medical needs, if any; and
57.33 	(4) affordability. Dependent health care coverage is affordable if it is reasonable 
57.34 	in cost. If both parents have health care coverage available for a joint child that is 
57.35 	comparable with regard to comprehensiveness of medical benefits, accessibility, and the 
58.1 	joint child's special needs, the least costly health care coverage is presumed to be the most 
58.2 	appropriate health care coverage for the joint child.

58.3 	Sec. 48. Minnesota Statutes 2014, section 518A.41, subdivision 4, is amended to read:
58.4 		Subd. 4.Ordering health care coverage. (a) If a joint child is presently enrolled 
58.5 	in health care coverage, the court must order that the parent who currently has the joint 
58.6 	child enrolled continue that enrollment unless the parties agree otherwise or a party 
58.7 	requests a change in coverage and the court determines that other health care coverage is 
58.8 	more appropriate.
58.9 	(b) If a joint child is not presently enrolled in health care coverage providing medical 
58.10 	benefits, upon motion of a parent or the public authority, the court must determine whether 
58.11 	one or both parents have appropriate health care coverage providing medical benefits 
58.12 	for the joint child.
58.13 	(c) If only one parent has appropriate health care coverage providing medical 
58.14 	benefits available, the court must order that parent to carry the coverage for the joint child.
58.15 	(d) If both parents have appropriate health care coverage providing medical benefits 
58.16 	available, the court must order the parent with whom the joint child resides to carry the 
58.17 	coverage for the joint child, unless:
58.18 	(1) a party expresses a preference for health care coverage providing medical 
58.19 	benefits available through the parent with whom the joint child does not reside;
58.20 	(2) the parent with whom the joint child does not reside is already carrying 
58.21 	dependent health care coverage providing medical benefits for other children and the cost 
58.22 	of contributing to the premiums of the other parent's coverage would cause the parent with 
58.23 	whom the joint child does not reside extreme hardship; or
58.24 	(3) the parties agree as to which parent will carry health care coverage providing 
58.25 	medical benefits and agree on the allocation of costs.
58.26 	(e) If the exception in paragraph (d), clause (1) or (2), applies, the court must 
58.27 	determine which parent has the most appropriate coverage providing medical benefits 
58.28 	available and order that parent to carry coverage for the joint child.
58.29 	(f) If neither parent has appropriate health care coverage available, the court must 
58.30 	order the parents to:
58.31 	(1) contribute toward the actual health care costs of the joint children based on 
58.32 	a pro rata share; or
58.33 	(2) if the joint child is receiving any form of public coverage, the parent with whom 
58.34 	the joint child does not reside shall contribute a monthly amount toward the actual cost of 
58.35 	public coverage. The amount of the noncustodial parent's contribution is determined by 
59.1 	applying the noncustodial parent's PICS to the premium schedule for public coverage scale 
59.2 	for MinnesotaCare under section 256L.15, subdivision 2, paragraph (c). If the noncustodial 
59.3 	parent's PICS meets the eligibility requirements for public coverage MinnesotaCare, the 
59.4 	contribution is the amount the noncustodial parent would pay for the child's premium. If 
59.5 	the noncustodial parent's PICS exceeds the eligibility requirements for public coverage, the 
59.6 	contribution is the amount of the premium for the highest eligible income on the appropriate
59.7 	premium schedule for public coverage scale for MinnesotaCare under section 256L.15, 
59.8 	subdivision 2, paragraph (c). For purposes of determining the premium amount, the 
59.9 	noncustodial parent's household size is equal to one parent plus the child or children who 
59.10 	are the subject of the child support order. The custodial parent's obligation is determined 
59.11 	under the requirements for public coverage as set forth in chapter 256B or 256L.; or
59.12 	(3) if the noncustodial parent's PICS meet the eligibility requirement for public 
59.13 	coverage under chapter 256B or the noncustodial parent receives public assistance, the 
59.14 	noncustodial parent must not be ordered to contribute toward the cost of public coverage.
59.15 	(g) If neither parent has appropriate health care coverage available, the court may 
59.16 	order the parent with whom the child resides to apply for public coverage for the child.
59.17 	(h) The commissioner of human services must publish a table with the premium 
59.18 	schedule for public coverage and update the chart for changes to the schedule by July 
59.19 	1 of each year.
59.20 	(i) If a joint child is not presently enrolled in health care coverage providing dental 
59.21 	benefits, upon motion of a parent or the public authority, the court must determine whether 
59.22 	one or both parents have appropriate dental health care coverage for the joint child, and the 
59.23 	court may order a parent with appropriate dental health care coverage available to carry 
59.24 	the coverage for the joint child.
59.25 	(j) If a joint child is not presently enrolled in available health care coverage 
59.26 	providing benefits other than medical benefits or dental benefits, upon motion of a parent 
59.27 	or the public authority, the court may determine whether that other health care coverage 
59.28 	for the joint child is appropriate, and the court may order a parent with that appropriate 
59.29 	health care coverage available to carry the coverage for the joint child.

59.30 	EFFECTIVE DATE. This section is effective August 1, 2015.

59.31 	Sec. 49. Minnesota Statutes 2014, section 518A.41, subdivision 14, is amended to read:
59.32 		Subd. 14.Child support enforcement services. The public authority must take 
59.33 	necessary steps to establish and enforce, enforce, and modify an order for medical support 
59.34 	if the joint child receives public assistance or a party completes an application for services 
59.35 	from the public authority under section 518A.51.

60.1 	EFFECTIVE DATE. This section is effective January 1, 2016.

60.2 	Sec. 50. Minnesota Statutes 2014, section 518A.41, subdivision 15, is amended to read:
60.3 		Subd. 15.Enforcement. (a) Remedies available for collecting and enforcing child 
60.4 	support apply to medical support.
60.5 	(b) For the purpose of enforcement, the following are additional support:
60.6 	(1) the costs of individual or group health or hospitalization coverage;
60.7 	(2) dental coverage;
60.8 	(3) medical costs ordered by the court to be paid by either party, including health 
60.9 	care coverage premiums paid by the obligee because of the obligor's failure to obtain 
60.10 	coverage as ordered; and
60.11 	(4) liabilities established under this subdivision.
60.12 	(c) A party who fails to carry court-ordered dependent health care coverage is liable 
60.13 	for the joint child's uninsured medical expenses unless a court order provides otherwise. 
60.14 	A party's failure to carry court-ordered coverage, or to provide other medical support as 
60.15 	ordered, is a basis for modification of a medical support order under section 518A.39, 
60.16 	subdivision 2 8, unless it meets the presumption in section 518A.39, subdivision 2.
60.17 	(d) Payments by the health carrier or employer for services rendered to the dependents 
60.18 	that are directed to a party not owed reimbursement must be endorsed over to and forwarded 
60.19 	to the vendor or appropriate party or the public authority. A party retaining insurance 
60.20 	reimbursement not owed to the party is liable for the amount of the reimbursement.

60.21 	EFFECTIVE DATE. This section is effective January 1, 2016.

60.22 	Sec. 51. Minnesota Statutes 2014, section 518A.46, subdivision 3, is amended to read:
60.23 		Subd. 3.Contents of pleadings. (a) In cases involving establishment or 
60.24 	modification of a child support order, the initiating party shall include the following 
60.25 	information, if known, in the pleadings:
60.26 	(1) names, addresses, and dates of birth of the parties;
60.27 	(2) Social Security numbers of the parties and the minor children of the parties, 
60.28 	which information shall be considered private information and shall be available only to 
60.29 	the parties, the court, and the public authority;
60.30 	(3) other support obligations of the obligor;
60.31 	(4) names and addresses of the parties' employers;
60.32 	(5) gross income of the parties as calculated in section 518A.29;
60.33 	(6) amounts and sources of any other earnings and income of the parties;
60.34 	(7) health insurance coverage of parties;
61.1 	(8) types and amounts of public assistance received by the parties, including 
61.2 	Minnesota family investment plan, child care assistance, medical assistance, 
61.3 	MinnesotaCare, title IV-E foster care, or other form of assistance as defined in section 
61.4 	256.741, subdivision 1; and
61.5 	(9) any other information relevant to the computation of the child support obligation 
61.6 	under section 518A.34.
61.7 	(b) For all matters scheduled in the expedited process, whether or not initiated by 
61.8 	the public authority, the nonattorney employee of the public authority shall file with the 
61.9 	court and serve on the parties the following information:
61.10 	(1) information pertaining to the income of the parties available to the public 
61.11 	authority from the Department of Employment and Economic Development;
61.12 	(2) a statement of the monthly amount of child support, medical support, child care, 
61.13 	and arrears currently being charged the obligor on Minnesota IV-D cases;
61.14 	(3) a statement of the types and amount of any public assistance, as defined in 
61.15 	section 256.741, subdivision 1, received by the parties; and
61.16 	(4) any other information relevant to the determination of support that is known to 
61.17 	the public authority and that has not been otherwise provided by the parties.
61.18 	The information must be filed with the court or child support magistrate at least 
61.19 	five days before any hearing involving child support, medical support, or child care 
61.20 	reimbursement issues.

61.21 	Sec. 52. Minnesota Statutes 2014, section 518A.46, is amended by adding a 
61.22 	subdivision to read:
61.23 		Subd. 3a.Contents of pleadings for medical support modifications. (a) In cases 
61.24 	involving modification of only the medical support portion of a child support order 
61.25 	under section 518A.39, subdivision 8, the initiating party shall include the following 
61.26 	information, if known, in the pleadings:
61.27 	(1) names, addresses, and dates of birth of the parties;
61.28 	(2) Social Security numbers of the parties and the minor children of the parties, 
61.29 	which shall be considered private information and shall be available only to the parties, 
61.30 	the court, and the public authority;
61.31 	(3) a copy of the full support order being modified;
61.32 	(4) names and addresses of the parties' employers;
61.33 	(5) gross income of the parties as stated in the order being modified;
61.34 	(6) health insurance coverage of the parties; and
62.1 	(7) any other information relevant to the determination of the medical support 
62.2 	obligation under section 518A.41.
62.3 	(b) For all matters scheduled in the expedited process, whether or not initiated by 
62.4 	the public authority, the nonattorney employee of the public authority shall file with the 
62.5 	court and serve on the parties the following information:
62.6 	(1) a statement of the monthly amount of child support, medical support, child care, 
62.7 	and arrears currently being charged the obligor on Minnesota IV-D cases;
62.8 	(2) a statement of the amount of medical assistance received by the parties; and 
62.9 	(3) any other information relevant to the determination of medical support that is 
62.10 	known to the public authority and that has not been otherwise provided by the parties.
62.11 	The information must be filed with the court or child support magistrate at least five 
62.12 	days before the hearing on the motion to modify medical support.

62.13 	EFFECTIVE DATE. This section is effective January 1, 2016.

62.14 	Sec. 53. Minnesota Statutes 2014, section 518A.51, is amended to read:
62.15 	518A.51 FEES FOR IV-D SERVICES.
62.16 	(a) When a recipient of IV-D services is no longer receiving assistance under the 
62.17 	state's title IV-A, IV-E foster care, or medical assistance, or MinnesotaCare programs, the 
62.18 	public authority responsible for child support enforcement must notify the recipient, 
62.19 	within five working days of the notification of ineligibility, that IV-D services will be 
62.20 	continued unless the public authority is notified to the contrary by the recipient. The 
62.21 	notice must include the implications of continuing to receive IV-D services, including the 
62.22 	available services and fees, cost recovery fees, and distribution policies relating to fees.
62.23 	(b) An application fee of $25 shall be paid by the person who applies for child 
62.24 	support and maintenance collection services, except persons who are receiving public 
62.25 	assistance as defined in section 256.741 and the diversionary work program under section 
62.26 	256J.95, persons who transfer from public assistance to nonpublic assistance status, and 
62.27 	minor parents and parents enrolled in a public secondary school, area learning center, or 
62.28 	alternative learning program approved by the commissioner of education.
62.29 	(c) (b) In the case of an individual who has never received assistance under a state 
62.30 	program funded under title IV-A of the Social Security Act and for whom the public 
62.31 	authority has collected at least $500 of support, the public authority must impose an 
62.32 	annual federal collections fee of $25 for each case in which services are furnished. This 
62.33 	fee must be retained by the public authority from support collected on behalf of the 
62.34 	individual, but not from the first $500 collected.
63.1 	(d) (c) When the public authority provides full IV-D services to an obligee who 
63.2 	has applied for those services, upon written notice to the obligee, the public authority 
63.3 	must charge a cost recovery fee of two percent of the amount collected. This fee must 
63.4 	be deducted from the amount of the child support and maintenance collected and not 
63.5 	assigned under section 256.741 before disbursement to the obligee. This fee does not 
63.6 	apply to an obligee who:
63.7 	(1) is currently receiving assistance under the state's title IV-A, IV-E foster care, or
63.8 	medical assistance, or MinnesotaCare programs; or
63.9 	(2) has received assistance under the state's title IV-A or IV-E foster care programs, 
63.10 	until the person has not received this assistance for 24 consecutive months.
63.11 	(e) (d) When the public authority provides full IV-D services to an obligor who has 
63.12 	applied for such services, upon written notice to the obligor, the public authority must 
63.13 	charge a cost recovery fee of two percent of the monthly court-ordered child support and 
63.14 	maintenance obligation. The fee may be collected through income withholding, as well 
63.15 	as by any other enforcement remedy available to the public authority responsible for 
63.16 	child support enforcement.
63.17 	(f) (e) Fees assessed by state and federal tax agencies for collection of overdue 
63.18 	support owed to or on behalf of a person not receiving public assistance must be imposed 
63.19 	on the person for whom these services are provided. The public authority upon written 
63.20 	notice to the obligee shall assess a fee of $25 to the person not receiving public assistance 
63.21 	for each successful federal tax interception. The fee must be withheld prior to the release 
63.22 	of the funds received from each interception and deposited in the general fund.
63.23 	(g) (f) Federal collections fees collected under paragraph (c) (b) and cost recovery 
63.24 	fees collected under paragraphs (c) and (d) and (e) retained by the commissioner of human 
63.25 	services shall be considered child support program income according to Code of Federal 
63.26 	Regulations, title 45, section 304.50, and shall be deposited in the special revenue fund 
63.27 	account established under paragraph (i) (h). The commissioner of human services must 
63.28 	elect to recover costs based on either actual or standardized costs.
63.29 	(h) (g) The limitations of this section on the assessment of fees shall not apply to 
63.30 	the extent inconsistent with the requirements of federal law for receiving funds for the 
63.31 	programs under title IV-A and title IV-D of the Social Security Act, United States Code, 
63.32 	title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.
63.33 	(i) (h) The commissioner of human services is authorized to establish a special 
63.34 	revenue fund account to receive the federal collections fees collected under paragraph (c)
63.35 	(b) and cost recovery fees collected under paragraphs (c) and (d) and (e).
64.1 	(j) (i) The nonfederal share of the cost recovery fee revenue must be retained by the 
64.2 	commissioner and distributed as follows:
64.3 	(1) one-half of the revenue must be transferred to the child support system special 
64.4 	revenue account to support the state's administration of the child support enforcement 
64.5 	program and its federally mandated automated system;
64.6 	(2) an additional portion of the revenue must be transferred to the child support 
64.7 	system special revenue account for expenditures necessary to administer the fees; and
64.8 	(3) the remaining portion of the revenue must be distributed to the counties to aid the 
64.9 	counties in funding their child support enforcement programs.
64.10 	(k) (j) The nonfederal share of the federal collections fees must be distributed to the 
64.11 	counties to aid them in funding their child support enforcement programs.
64.12 	(l) (k) The commissioner of human services shall distribute quarterly any of the 
64.13 	funds dedicated to the counties under paragraphs (i) and (j) and (k) using the methodology 
64.14 	specified in section 256.979, subdivision 11. The funds received by the counties must be 
64.15 	reinvested in the child support enforcement program and the counties must not reduce the 
64.16 	funding of their child support programs by the amount of the funding distributed.

64.17 	EFFECTIVE DATE. This section is effective July 1, 2016, except that the 
64.18 	amendments striking MinnesotaCare are effective July 1, 2015.

64.19 	Sec. 54. Minnesota Statutes 2014, section 518A.53, subdivision 4, is amended to read:
64.20 		Subd. 4.Collection services. (a) The commissioner of human services shall prepare 
64.21 	and make available to the courts a notice of services that explains child support and 
64.22 	maintenance collection services available through the public authority, including income 
64.23 	withholding, and the fees for such services. Upon receiving a petition for dissolution of 
64.24 	marriage or legal separation, the court administrator shall promptly send the notice of 
64.25 	services to the petitioner and respondent at the addresses stated in the petition.
64.26 	(b) Either the obligee or obligor may at any time apply to the public authority for 
64.27 	either full IV-D services or for income withholding only services.
64.28 	(c) For those persons applying for income withholding only services, a monthly 
64.29 	service fee of $15 must be charged to the obligor. This fee is in addition to the amount of 
64.30 	the support order and shall be withheld through income withholding. The public authority 
64.31 	shall explain the service options in this section to the affected parties and encourage the 
64.32 	application for full child support collection services.
64.33 	(d) If the obligee is not a current recipient of public assistance as defined in section 
64.34 	256.741, the person who applied for services may at any time choose to terminate either 
64.35 	full IV-D services or income withholding only services regardless of whether income 
65.1 	withholding is currently in place. The obligee or obligor may reapply for either full IV-D 
65.2 	services or income withholding only services at any time. Unless the applicant is a 
65.3 	recipient of public assistance as defined in section 256.741, a $25 application fee shall be 
65.4 	charged at the time of each application.
65.5 	(e) When a person terminates IV-D services, if an arrearage for public assistance as 
65.6 	defined in section 256.741 exists, the public authority may continue income withholding, 
65.7 	as well as use any other enforcement remedy for the collection of child support, until all 
65.8 	public assistance arrears are paid in full. Income withholding shall be in an amount equal 
65.9 	to 20 percent of the support order in effect at the time the services terminated.

65.10 	EFFECTIVE DATE. This section is effective July 1, 2016.

65.11 	Sec. 55. Minnesota Statutes 2014, section 518C.802, is amended to read:
65.12 	518C.802 CONDITIONS OF RENDITION.
65.13 	(a) Before making demand that the governor of another state surrender an individual 
65.14 	charged criminally in this state with having failed to provide for the support of an obligee, 
65.15 	the governor of this state may require a prosecutor of this state to demonstrate that at least 
65.16 	60 days previously the obligee had initiated proceedings for support pursuant to this 
65.17 	chapter or that the proceeding would be of no avail.
65.18 	(b) If, under this chapter or a law substantially similar to this chapter, the Uniform 
65.19 	Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement 
65.20 	of Support Act, the governor of another state makes a demand that the governor of 
65.21 	this state surrender an individual charged criminally in that state with having failed to 
65.22 	provide for the support of a child or other individual to whom a duty of support is owed, 
65.23 	the governor may require a prosecutor to investigate the demand and report whether 
65.24 	a proceeding for support has been initiated or would be effective. If it appears that a 
65.25 	proceeding would be effective but has not been initiated, the governor may delay honoring 
65.26 	the demand for a reasonable time to permit the initiation of a proceeding.
65.27 	(c) If a proceeding for support has been initiated and the individual whose rendition is 
65.28 	demanded prevails, the governor may decline to honor the demand. If the petitioner prevails 
65.29 	and the individual whose rendition is demanded is subject to a support order, the governor 
65.30 	may decline to honor the demand if the individual is complying with the support order.

65.31 	Sec. 56. Laws 2014, chapter 189, section 5, is amended to read:
65.32 	Sec. 5. Minnesota Statutes 2012, section 518C.201, is amended to read:
65.33 	518C.201 BASES FOR JURISDICTION OVER NONRESIDENT.
66.1 	(a) In a proceeding to establish, or enforce, or modify a support order or to determine 
66.2 	parentage of a child, a tribunal of this state may exercise personal jurisdiction over a 
66.3 	nonresident individual or the individual's guardian or conservator if:
66.4 	(1) the individual is personally served with a summons or comparable document 
66.5 	within this state;
66.6 	(2) the individual submits to the jurisdiction of this state by consent, by entering a 
66.7 	general appearance, or by filing a responsive document having the effect of waiving any 
66.8 	contest to personal jurisdiction;
66.9 	(3) the individual resided with the child in this state;
66.10 	(4) the individual resided in this state and provided prenatal expenses or support 
66.11 	for the child;
66.12 	(5) the child resides in this state as a result of the acts or directives of the individual;
66.13 	(6) the individual engaged in sexual intercourse in this state and the child may have 
66.14 	been conceived by that act of intercourse;
66.15 	(7) the individual asserted parentage of a child under sections 257.51 to 257.75; or 
66.16 	(8) there is any other basis consistent with the constitutions of this state and the 
66.17 	United States for the exercise of personal jurisdiction.
66.18 	(b) The bases of personal jurisdiction in paragraph (a) or in any other law of this state 
66.19 	may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child 
66.20 	support order of another state unless the requirements of section 518C.611 are met, or, in 
66.21 	the case of a foreign support order, unless the requirements of section 518C.615 are met.

66.22 	Sec. 57. Laws 2014, chapter 189, section 10, is amended to read:
66.23 	Sec. 10. Minnesota Statutes 2012, section 518C.206, is amended to read:
66.24 	518C.206 ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER 
66.25 	BY TRIBUNAL HAVING CONTINUING JURISDICTION TO ENFORCE CHILD 
66.26 	SUPPORT ORDER.
66.27 	(a) A tribunal of this state that has issued a child support order consistent with the 
66.28 	law of this state may serve as an initiating tribunal to request a tribunal of another state 
66.29 	to enforce:
66.30 	(1) the order if the order is the controlling order and has not been modified by 
66.31 	a tribunal of another state that assumed jurisdiction pursuant to this chapter or a law 
66.32 	substantially similar to this chapter the Uniform Interstate Family Support Act; or
66.33 	(2) a money judgment for arrears of support and interest on the order accrued before 
66.34 	a determination that an order of a tribunal of another state is the controlling order.
67.1 	(b) A tribunal of this state having continuing, exclusive jurisdiction over a support 
67.2 	order may act as a responding tribunal to enforce the order. 

67.3 	Sec. 58. Laws 2014, chapter 189, section 11, is amended to read:
67.4 	Sec. 11. Minnesota Statutes 2012, section 518C.207, is amended to read:
67.5 	518C.207 RECOGNITION DETERMINATION OF CONTROLLING CHILD 
67.6 	SUPPORT ORDER.
67.7 	(a) If a proceeding is brought under this chapter and only one tribunal has issued a 
67.8 	child support order, the order of that tribunal is controlling controls and must be recognized.
67.9 	(b) If a proceeding is brought under this chapter, and two or more child support 
67.10 	orders have been issued by tribunals of this state, another state, or a foreign country with 
67.11 	regard to the same obligor and child, a tribunal of this state having personal jurisdiction 
67.12 	over both the obligor and the individual obligee shall apply the following rules and by 
67.13 	order shall determine which order controls and must be recognized:
67.14 	(1) If only one of the tribunals would have continuing, exclusive jurisdiction under 
67.15 	this chapter, the order of that tribunal is controlling controls.
67.16 	(2) If more than one of the tribunals would have continuing, exclusive jurisdiction 
67.17 	under this chapter:
67.18 	(i) an order issued by a tribunal in the current home state of the child controls; or
67.19 	(ii) if an order has not been issued in the current home state of the child, the order 
67.20 	most recently issued controls.
67.21 	(3) If none of the tribunals would have continuing, exclusive jurisdiction under this 
67.22 	chapter, the tribunal of this state shall issue a child support order, which controls.
67.23 	(c) If two or more child support orders have been issued for the same obligor and 
67.24 	child, upon request of a party who is an individual or that is a support enforcement agency, 
67.25 	a tribunal of this state having personal jurisdiction over both the obligor and the obligee 
67.26 	who is an individual shall determine which order controls under paragraph (b). The 
67.27 	request may be filed with a registration for enforcement or registration for modification 
67.28 	pursuant to sections 518C.601 to 518C.616, or may be filed as a separate proceeding.
67.29 	(d) A request to determine which is the controlling order must be accompanied 
67.30 	by a copy of every child support order in effect and the applicable record of payments. 
67.31 	The requesting party shall give notice of the request to each party whose rights may 
67.32 	be affected by the determination.
67.33 	(e) The tribunal that issued the controlling order under paragraph (a), (b), or (c) has 
67.34 	continuing jurisdiction to the extent provided in section 518C.205, or 518C.206. 
68.1 	(f) A tribunal of this state which determines by order which is the controlling order 
68.2 	under paragraph (b), clause (1) or (2), or paragraph (c), or which issues a new controlling 
68.3 	child support order under paragraph (b), clause (3), shall state in that order:
68.4 	(1) the basis upon which the tribunal made its determination;
68.5 	(2) the amount of prospective support, if any; and
68.6 	(3) the total amount of consolidated arrears and accrued interest, if any, under all of 
68.7 	the orders after all payments made are credited as provided by section 518C.209.
68.8 	(g) Within 30 days after issuance of the order determining which is the controlling 
68.9 	order, the party obtaining that order shall file a certified copy of it with each tribunal that 
68.10 	issued or registered an earlier order of child support. A party or support enforcement 
68.11 	agency obtaining the order that fails to file a certified copy is subject to appropriate 
68.12 	sanctions by a tribunal in which the issue of failure to file arises. The failure to file does 
68.13 	not affect the validity or enforceability of the controlling order.
68.14 	(h) An order that has been determined to be the controlling order, or a judgment for 
68.15 	consolidated arrears of support and interest, if any, made pursuant to this section must be 
68.16 	recognized in proceedings under this chapter.

68.17 	Sec. 59. Laws 2014, chapter 189, section 16, is amended to read:
68.18 	Sec. 16. Minnesota Statutes 2012, section 518C.301, is amended to read:
68.19 	518C.301 PROCEEDINGS UNDER THIS CHAPTER.
68.20 	(a) Except as otherwise provided in this chapter, sections 518C.301 to 518C.319
68.21 	apply to all proceedings under this chapter. 
68.22 	(b) This chapter provides for the following proceedings:
68.23 	(1) establishment of an order for spousal support or child support pursuant to 
68.24 	section 518C.401; 
68.25 	(2) enforcement of a support order and income-withholding order of another state or 
68.26 	a foreign country without registration pursuant to sections 518C.501 and 518C.502; 
68.27 	(3) registration of an order for spousal support or child support of another state or a 
68.28 	foreign country for enforcement pursuant to sections 518C.601 to 518C.612; 
68.29 	(4) modification of an order for child support or spousal support issued by a tribunal 
68.30 	of this state pursuant to sections 518C.203 to 518C.206; 
68.31 	(5) registration of an order for child support of another state or a foreign country for 
68.32 	modification pursuant to sections 518C.601 to 518C.612; 
68.33 	(6) determination of parentage of a child pursuant to section 518C.701; and 
68.34 	(7) assertion of jurisdiction over nonresidents pursuant to sections 518C.201 and 
68.35 	518C.202. 
69.1 	(c) (b) An individual petitioner or a support enforcement agency may commence 
69.2 	a proceeding authorized under this chapter by filing a petition in an initiating tribunal 
69.3 	for forwarding to a responding tribunal or by filing a petition or a comparable pleading 
69.4 	directly in a tribunal of another state or a foreign country which has or can obtain personal 
69.5 	jurisdiction over the respondent.

69.6 	Sec. 60. Laws 2014, chapter 189, section 17, is amended to read:
69.7 	Sec. 17. Minnesota Statutes 2012, section 518C.303, is amended to read:
69.8 	518C.303 APPLICATION OF LAW OF THIS STATE.
69.9 	Except as otherwise provided by this chapter, a responding tribunal of this state shall:
69.10 	(1) apply the procedural and substantive law, including the rules on choice of law,
69.11 	generally applicable to similar proceedings originating in this state and may exercise all 
69.12 	powers and provide all remedies available in those proceedings; and
69.13 	(2) determine the duty of support and the amount payable in accordance with the 
69.14 	law and support guidelines of this state.

69.15 	Sec. 61. Laws 2014, chapter 189, section 18, is amended to read:
69.16 	Sec. 18. Minnesota Statutes 2012, section 518C.304, is amended to read:
69.17 	518C.304 DUTIES OF INITIATING TRIBUNAL.
69.18 	(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of 
69.19 	this state shall forward the petition and its accompanying documents:
69.20 	(1) to the responding tribunal or appropriate support enforcement agency in the 
69.21 	responding state; or
69.22 	(2) if the identity of the responding tribunal is unknown, to the state information 
69.23 	agency of the responding state with a request that they be forwarded to the appropriate 
69.24 	tribunal and that receipt be acknowledged.
69.25 	(b) If requested by the responding tribunal, a tribunal of this state shall issue a 
69.26 	certificate or other documents and make findings required by the law of the responding 
69.27 	state. If the responding tribunal is in a foreign country, upon request the tribunal of this 
69.28 	state shall specify the amount of support sought, convert that amount into the equivalent 
69.29 	amount in the foreign currency under applicable official or market exchange rate as 
69.30 	publicly reported, and provide other documents necessary to satisfy the requirements of 
69.31 	the responding foreign tribunal.

69.32 	Sec. 62. Laws 2014, chapter 189, section 19, is amended to read:
70.1 	Sec. 19. Minnesota Statutes 2012, section 518C.305, is amended to read:
70.2 	518C.305 DUTIES AND POWERS OF RESPONDING TRIBUNAL.
70.3 	(a) When a responding tribunal of this state receives a petition or comparable 
70.4 	pleading from an initiating tribunal or directly pursuant to section 518C.301, paragraph (c)
70.5 	(b), it shall cause the petition or pleading to be filed and notify the petitioner where and 
70.6 	when it was filed. 
70.7 	(b) A responding tribunal of this state, to the extent otherwise authorized by not 
70.8 	prohibited by other law, may do one or more of the following:
70.9 	(1) establish or enforce a support order, modify a child support order, determine the 
70.10 	controlling child support order, or to determine parentage of a child;
70.11 	(2) order an obligor to comply with a support order, specifying the amount and 
70.12 	the manner of compliance;
70.13 	(3) order income withholding;
70.14 	(4) determine the amount of any arrearages, and specify a method of payment;
70.15 	(5) enforce orders by civil or criminal contempt, or both;
70.16 	(6) set aside property for satisfaction of the support order;
70.17 	(7) place liens and order execution on the obligor's property;
70.18 	(8) order an obligor to keep the tribunal informed of the obligor's current residential 
70.19 	address, electronic mail address, telephone number, employer, address of employment, 
70.20 	and telephone number at the place of employment;
70.21 	(9) issue a bench warrant for an obligor who has failed after proper notice to appear 
70.22 	at a hearing ordered by the tribunal and enter the bench warrant in any local and state 
70.23 	computer systems for criminal warrants;
70.24 	(10) order the obligor to seek appropriate employment by specified methods;
70.25 	(11) award reasonable attorney's fees and other fees and costs; and
70.26 	(12) grant any other available remedy.
70.27 	(c) A responding tribunal of this state shall include in a support order issued under 
70.28 	this chapter, or in the documents accompanying the order, the calculations on which 
70.29 	the support order is based.
70.30 	(d) A responding tribunal of this state may not condition the payment of a support 
70.31 	order issued under this chapter upon compliance by a party with provisions for visitation.
70.32 	(e) If a responding tribunal of this state issues an order under this chapter, the 
70.33 	tribunal shall send a copy of the order to the petitioner and the respondent and to the 
70.34 	initiating tribunal, if any.
70.35 	(f) If requested to enforce a support order, arrears, or judgment or modify a support 
70.36 	order stated in a foreign currency, a responding tribunal of this state shall convert the 
71.1 	amount stated in the foreign currency to the equivalent amount in dollars under the 
71.2 	applicable official or market exchange rate as publicly reported.

71.3 	Sec. 63. Laws 2014, chapter 189, section 23, is amended to read:
71.4 	Sec. 23. Minnesota Statutes 2012, section 518C.310, is amended to read:
71.5 	518C.310 DUTIES OF STATE INFORMATION AGENCY.
71.6 	(a) The unit within the Department of Human Services that receives and disseminates 
71.7 	incoming interstate actions under title IV-D of the Social Security Act is the State 
71.8 	Information Agency under this chapter.
71.9 	(b) The State Information Agency shall:
71.10 	(1) compile and maintain a current list, including addresses, of the tribunals in this 
71.11 	state which have jurisdiction under this chapter and any support enforcement agencies in 
71.12 	this state and transmit a copy to the state information agency of every other state;
71.13 	(2) maintain a register of names and addresses of tribunals and support enforcement 
71.14 	agencies received from other states;
71.15 	(3) forward to the appropriate tribunal in the place in this state in which the 
71.16 	individual obligee or the obligor resides, or in which the obligor's property is believed 
71.17 	to be located, all documents concerning a proceeding under this chapter received from 
71.18 	another state or a foreign country; and
71.19 	(4) obtain information concerning the location of the obligor and the obligor's 
71.20 	property within this state not exempt from execution, by such means as postal verification 
71.21 	and federal or state locator services, examination of telephone directories, requests for the 
71.22 	obligor's address from employers, and examination of governmental records, including, to 
71.23 	the extent not prohibited by other law, those relating to real property, vital statistics, law 
71.24 	enforcement, taxation, motor vehicles, driver's licenses, and Social Security.

71.25 	Sec. 64. Laws 2014, chapter 189, section 24, is amended to read:
71.26 	Sec. 24. Minnesota Statutes 2012, section 518C.311, is amended to read:
71.27 	518C.311 PLEADINGS AND ACCOMPANYING DOCUMENTS.
71.28 	(a) A petitioner seeking to establish or modify a support order, determine parentage 
71.29 	of a child, or register and modify a support order of a tribunal of another state or a foreign 
71.30 	country, in a proceeding under this chapter must file a petition. Unless otherwise ordered 
71.31 	under section 518C.312, the petition or accompanying documents must provide, so far 
71.32 	as known, the name, residential address, and Social Security numbers of the obligor and 
71.33 	the obligee or parent and alleged parent, and the name, sex, residential address, Social 
71.34 	Security number, and date of birth of each child for whom support is sought or whose 
72.1 	parenthood parentage is to be determined. Unless filed at the time of registration, the 
72.2 	petition must be accompanied by a certified copy of any support order in effect known 
72.3 	to have been issued by another tribunal. The petition may include any other information 
72.4 	that may assist in locating or identifying the respondent. 
72.5 	(b) The petition must specify the relief sought. The petition and accompanying 
72.6 	documents must conform substantially with the requirements imposed by the forms 
72.7 	mandated by federal law for use in cases filed by a support enforcement agency.

72.8 	Sec. 65. Laws 2014, chapter 189, section 27, is amended to read:
72.9 	Sec. 27. Minnesota Statutes 2012, section 518C.314, is amended to read:
72.10 	518C.314 LIMITED IMMUNITY OF PETITIONER.
72.11 	(a) Participation by a petitioner in a proceeding under this chapter before a 
72.12 	responding tribunal, whether in person, by private attorney, or through services provided 
72.13 	by the support enforcement agency, does not confer personal jurisdiction over the 
72.14 	petitioner in another proceeding.
72.15 	(b) A petitioner is not amenable to service of civil process while physically present 
72.16 	in this state to participate in a proceeding under this chapter.
72.17 	(c) The immunity granted by this section does not extend to civil litigation based on 
72.18 	acts unrelated to a proceeding under this chapter committed by a party while physically 
72.19 	present in this state to participate in the proceeding.

72.20 	Sec. 66. Laws 2014, chapter 189, section 28, is amended to read:
72.21 	Sec. 28. Minnesota Statutes 2012, section 518C.316, is amended to read:
72.22 	518C.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.
72.23 	(a) The physical presence of the petitioner a nonresident party who is an individual
72.24 	in a responding tribunal of this state is not required for the establishment, enforcement, 
72.25 	or modification of a support order or the rendition of a judgment determining parentage 
72.26 	of a child.
72.27 	(b) A verified petition, An affidavit, a document substantially complying with 
72.28 	federally mandated forms, and or a document incorporated by reference in any of them, 
72.29 	not excluded under the hearsay rule if given in person, is admissible in evidence if given 
72.30 	under oath penalty of perjury by a party or witness residing outside this state.
72.31 	(c) A copy of the record of child support payments certified as a true copy of the 
72.32 	original by the custodian of the record may be forwarded to a responding tribunal. The copy 
72.33 	is evidence of facts asserted in it, and is admissible to show whether payments were made.
73.1 	(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal 
73.2 	health care of the mother and child, furnished to the adverse party at least ten days before 
73.3 	trial, are admissible in evidence to prove the amount of the charges billed and that the 
73.4 	charges were reasonable, necessary, and customary.
73.5 	(e) Documentary evidence transmitted from outside this state to a tribunal of this state 
73.6 	by telephone, telecopier, or other electronic means that do not provide an original record 
73.7 	may not be excluded from evidence on an objection based on the means of transmission.
73.8 	(f) In a proceeding under this chapter, a tribunal of this state shall permit a party 
73.9 	or witness residing outside this state to be deposed or to testify under penalty of perjury 
73.10 	by telephone, audiovisual means, or other electronic means at a designated tribunal or 
73.11 	other location. A tribunal of this state shall cooperate with other tribunals in designating 
73.12 	an appropriate location for the deposition or testimony.
73.13 	(g) If a party called to testify at a civil hearing refuses to answer on the ground that 
73.14 	the testimony may be self-incriminating, the trier of fact may draw an adverse inference 
73.15 	from the refusal.
73.16 	(h) A privilege against disclosure of communications between spouses does not 
73.17 	apply in a proceeding under this chapter.
73.18 	(i) The defense of immunity based on the relationship of husband and wife or parent 
73.19 	and child does not apply in a proceeding under this chapter.
73.20 	(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible 
73.21 	to establish parentage of a child.

73.22 	Sec. 67. Laws 2014, chapter 189, section 29, is amended to read:
73.23 	Sec. 29. Minnesota Statutes 2012, section 518C.317, is amended to read:
73.24 	518C.317 COMMUNICATIONS BETWEEN TRIBUNALS.
73.25 	A tribunal of this state may communicate with a tribunal outside this state in 
73.26 	writing, by e-mail, or a record, or by telephone, electronic mail, or other means, to obtain 
73.27 	information concerning the laws of that state, the legal effect of a judgment, decree, or 
73.28 	order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish 
73.29 	similar information by similar means to a tribunal outside this state.

73.30 	Sec. 68. Laws 2014, chapter 189, section 31, is amended to read:
73.31 	Sec. 31. Minnesota Statutes 2012, section 518C.319, is amended to read:
73.32 	518C.319 RECEIPT AND DISBURSEMENT OF PAYMENTS.
73.33 	(a) A support enforcement agency or tribunal of this state shall disburse promptly 
73.34 	any amounts received pursuant to a support order, as directed by the order. The agency 
74.1 	or tribunal shall furnish to a requesting party or tribunal of another state or a foreign 
74.2 	country a certified statement by the custodian of the record of the amounts and dates 
74.3 	of all payments received.
74.4 	(b) If neither the obligor, not nor the obligee who is an individual, nor the child 
74.5 	resides in this state, upon request from the support enforcement agency of this state or 
74.6 	another state, the support enforcement agency of this state or a tribunal of this state shall:
74.7 	(1) direct that the support payment be made to the support enforcement agency in 
74.8 	the state in which the obligee is receiving services; and
74.9 	(2) issue and send to the obligor's employer a conforming income-withholding order 
74.10 	or an administrative notice of change of payee, reflecting the redirected payments.
74.11 	(c) The support enforcement agency of this state receiving redirected payments from 
74.12 	another state pursuant to a law similar to paragraph (b) shall furnish to a requesting party 
74.13 	or tribunal of the other state a certified statement by the custodian of the record of the 
74.14 	amount and dates of all payments received.

74.15 	Sec. 69. Laws 2014, chapter 189, section 43, is amended to read:
74.16 	Sec. 43. Minnesota Statutes 2012, section 518C.604, is amended to read:
74.17 	518C.604 CHOICE OF LAW.
74.18 	(a) Except as otherwise provided in paragraph (d), the law of the issuing state or 
74.19 	foreign country governs:
74.20 	(1) the nature, extent, amount, and duration of current payments under a registered 
74.21 	support order;
74.22 	(2) the computation and payment of arrearages and accrual of interest on the 
74.23 	arrearages under the support order; and
74.24 	(3) the existence and satisfaction of other obligations under the support order.
74.25 	(b) In a proceeding for arrearages under a registered support order, the statute of 
74.26 	limitation under the laws of this state or of the issuing state or foreign country, whichever 
74.27 	is longer, applies.
74.28 	(c) A responding tribunal of this state shall apply the procedures and remedies of 
74.29 	this state to enforce current support and collect arrears and interest due on a support order 
74.30 	of another state or a foreign country registered in this state.
74.31 	(d) After a tribunal of this state or another state determines which is the controlling 
74.32 	order and issues an order consolidating arrears, if any, a tribunal of this state shall 
74.33 	prospectively apply the law of the state or foreign country issuing the controlling order, 
74.34 	including its law on interest on arrears, on current and future support, and on consolidated 
74.35 	arrears.

75.1 	Sec. 70. Laws 2014, chapter 189, section 50, is amended to read:
75.2 	Sec. 50. Minnesota Statutes 2012, section 518C.611, is amended to read:
75.3 	518C.611 MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER 
75.4 	STATE.
75.5 	(a) If section 518C.613 does not apply, upon petition a tribunal of this state may 
75.6 	modify a child support order issued in another state that is registered in this state if, after 
75.7 	notice and hearing, it finds that: 
75.8 	(1) the following requirements are met:
75.9 	(i) neither the child, nor the obligee who is an individual, nor the obligor resides 
75.10 	in the issuing state;
75.11 	(ii) a petitioner who is a nonresident of this state seeks modification; and
75.12 	(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
75.13 	(2) this state is the residence of the child, or a party who is an individual is subject to 
75.14 	the personal jurisdiction of the tribunal of this state and all of the parties who are individuals 
75.15 	have filed written consents in a record in the issuing tribunal for a tribunal of this state to 
75.16 	modify the support order and assume continuing, exclusive jurisdiction over the order. 
75.17 	(b) Modification of a registered child support order is subject to the same 
75.18 	requirements, procedures, and defenses that apply to the modification of an order issued 
75.19 	by a tribunal of this state and the order may be enforced and satisfied in the same manner.
75.20 	(c) A tribunal of this state may not modify any aspect of a child support order that 
75.21 	may not be modified under the law of the issuing state, including the duration of the 
75.22 	obligation of support. If two or more tribunals have issued child support orders for the 
75.23 	same obligor and child, the order that controls and must be recognized under section 
75.24 	518C.207 establishes the aspects of the support order which are nonmodifiable. 
75.25 	(d) In a proceeding to modify a child support order, the law of the state that is 
75.26 	determined to have issued the initial controlling order governs the duration of the 
75.27 	obligation of support. The obligor's fulfillment of the duty of support established by that 
75.28 	order precludes imposition of a further obligation of support by a tribunal of this state.
75.29 	(e) On issuance of an order by a tribunal of this state modifying a child support order 
75.30 	issued in another state, a tribunal of this state becomes the tribunal having continuing, 
75.31 	exclusive jurisdiction.
75.32 	(f) Notwithstanding paragraphs (a) to (d) (e) and section 518C.201, paragraph (b), 
75.33 	a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this 
75.34 	state if:
75.35 	(1) one party resides in another state; and
75.36 	(2) the other party resides outside the United States.

76.1 	Sec. 71. Laws 2014, chapter 189, section 51, is amended to read:
76.2 	Sec. 51. Minnesota Statutes 2012, section 518C.612, is amended to read:
76.3 	518C.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
76.4 	If a child support order issued by a tribunal of this state is modified by a tribunal of 
76.5 	another state which assumed jurisdiction according to this chapter or a law substantially 
76.6 	similar to this chapter pursuant to the Uniform Interstate Family Support Act, a tribunal of 
76.7 	this state:
76.8 	(1) may enforce its order that was modified only as to arrears and interest accruing 
76.9 	before the modification;
76.10 	(2) may provide appropriate relief for violations of its order which occurred before 
76.11 	the effective date of the modification; and
76.12 	(3) shall recognize the modifying order of the other state, upon registration, for the 
76.13 	purpose of enforcement.

76.14 	Sec. 72. Laws 2014, chapter 189, section 73, is amended to read:
76.15 	Sec. 73. EFFECTIVE DATE.
 76.16 	This act becomes is effective on the date that the United States deposits the 
76.17 	instrument of ratification for the Hague Convention on the International Recovery of Child 
76.18 	Support and Other Forms of Family Maintenance with the Hague Conference on Private 
76.19 	International Law July 1, 2015.

76.20 	EFFECTIVE DATE. This section is effective July 1, 2015.

76.21 	Sec. 73.  REPEALER.
 76.22 	Minnesota Statutes 2014, section 124D.142, is repealed effective the day following 
76.23 	final enactment.

76.24 	ARTICLE 2
76.25 	CHEMICAL AND MENTAL HEALTH SERVICES

76.26 	Section 1. Minnesota Statutes 2014, section 245.4661, subdivision 5, is amended to read:
76.27 		Subd. 5.Planning for pilot projects. (a) Each local plan for a pilot project, with 
76.28 	the exception of the placement of a Minnesota specialty treatment facility as defined in 
76.29 	paragraph (c), must be developed under the direction of the county board, or multiple 
76.30 	county boards acting jointly, as the local mental health authority. The planning process 
76.31 	for each pilot shall include, but not be limited to, mental health consumers, families, 
76.32 	advocates, local mental health advisory councils, local and state providers, representatives 
77.1 	of state and local public employee bargaining units, and the department of human services. 
77.2 	As part of the planning process, the county board or boards shall designate a managing 
77.3 	entity responsible for receipt of funds and management of the pilot project.
77.4 	(b) For Minnesota specialty treatment facilities, the commissioner shall issue a 
77.5 	request for proposal for regions in which a need has been identified for services.
77.6 	(c) For purposes of this section, "Minnesota specialty treatment facility" is defined 
77.7 	as an intensive rehabilitative mental healthresidential treatment service under section 
77.8 	256B.0622, subdivision 2, paragraph (b).

77.9 	Sec. 2. [245.735] EXCELLENCE IN MENTAL HEALTH DEMONSTRATION 
77.10 	PROJECT.
77.11 		Subdivision 1.Excellence in Mental Health demonstration project. The 
77.12 	commissioner shall develop and execute projects to reform the mental health system by 
77.13 	participating in the Excellence in Mental Health demonstration project.
77.14 		Subd. 2.Federal proposal. The commissioner shall develop and submit to the 
77.15 	United States Department of Health and Human Services a proposal for the Excellence 
77.16 	in Mental Health demonstration project. The proposal shall include any necessary state 
77.17 	plan amendments, waivers, requests for new funding, realignment of existing funding, and 
77.18 	other authority necessary to implement the projects specified in subdivision 4.
77.19 		Subd. 3.Rules. By January 15, 2017, the commissioner shall adopt rules that meet 
77.20 	the criteria in subdivision 4, paragraph (a), to establish standards for state certification 
77.21 	of community behavioral health clinics, and rules that meet the criteria in subdivision 4, 
77.22 	paragraph (b), to implement a prospective payment system for medical assistance payment 
77.23 	of mental health services delivered in certified community behavioral health clinics. These 
77.24 	rules shall comply with federal requirements for certification of community behavioral 
77.25 	health clinics and the prospective payment system and shall apply to community mental 
77.26 	health centers, mental health clinics, mental health residential treatment centers, essential 
77.27 	community providers, federally qualified health centers, and rural health clinics. The 
77.28 	commissioner may adopt rules under this subdivision using the expedited process in 
77.29 	section 14.389.
77.30 		Subd. 4.Reform projects. (a) The commissioner shall establish standards for state 
77.31 	certification of clinics as certified community behavioral health clinics, in accordance with 
77.32 	the criteria published on or before September 1, 2015, by the United States Department 
77.33 	of Health and Human Services. Certification standards established by the commissioner 
77.34 	shall require that:
78.1 	(1) clinic staff have backgrounds in diverse disciplines, include licensed mental 
78.2 	health professionals, and are culturally and linguistically trained to serve the needs of the 
78.3 	clinic's patient population;
78.4 	(2) clinic services are available and accessible and that crisis management services 
78.5 	are available 24 hours per day;
78.6 	(3) fees for clinic services are established using a sliding fee scale and services to 
78.7 	patients are not denied or limited due to a patient's inability to pay for services;
78.8 	(4) clinics provide coordination of care across settings and providers to ensure 
78.9 	seamless transitions for patients across the full spectrum of health services, including 
78.10 	acute, chronic, and behavioral needs. Care coordination may be accomplished through 
78.11 	partnerships or formal contracts with federally qualified health centers, inpatient 
78.12 	psychiatric facilities, substance use and detoxification facilities, community-based mental 
78.13 	health providers, and other community services, supports, and providers including 
78.14 	schools, child welfare agencies, juvenile and criminal justice agencies, Indian Health 
78.15 	Services clinics, tribally licensed health care and mental health facilities, urban Indian 
78.16 	health clinics, Department of Veterans Affairs medical centers, outpatient clinics, drop-in 
78.17 	centers, acute care hospitals, and hospital outpatient clinics;
78.18 	(5) services provided by clinics include crisis mental health services, emergency 
78.19 	crisis intervention services, and stabilization services; screening, assessment, and diagnosis 
78.20 	services, including risk assessments and level of care determinations; patient-centered 
78.21 	treatment planning; outpatient mental health and substance use services; targeted case 
78.22 	management; psychiatric rehabilitation services; peer support and counselor services and 
78.23 	family support services; and intensive community-based mental health services, including 
78.24 	mental health services for members of the armed forces and veterans; and
78.25 	(6) clinics comply with quality assurance reporting requirements and other reporting 
78.26 	requirements, including any required reporting of encounter data, clinical outcomes data, 
78.27 	and quality data.
78.28 	(b) The commissioner shall establish standards and methodologies for a prospective 
78.29 	payment system for medical assistance payments for mental health services delivered by 
78.30 	certified community behavioral health clinics, in accordance with guidance issued on or 
78.31 	before September 1, 2015, by the Centers for Medicare and Medicaid Services. During the 
78.32 	operation of the demonstration project, payments shall comply with federal requirements 
78.33 	for a 90 percent enhanced federal medical assistance percentage.
78.34 		Subd. 5.Public participation. In developing the projects under subdivision 4, the 
78.35 	commissioner shall consult with mental health providers, advocacy organizations, licensed 
79.1 	mental health professionals, and Minnesota health care program enrollees who receive 
79.2 	mental health services and their families.
79.3 		Subd. 6.Information systems support. The commissioner and the state chief 
79.4 	information officer shall provide information systems support to the projects as necessary 
79.5 	to comply with federal requirements and the deadlines in subdivision 3.

79.6 	Sec. 3. Minnesota Statutes 2014, section 254B.05, subdivision 5, is amended to read:
79.7 		Subd. 5.Rate requirements. (a) The commissioner shall establish rates for 
79.8 	chemical dependency services and service enhancements funded under this chapter.
79.9 	(b) Eligible chemical dependency treatment services include:
79.10 	(1) outpatient treatment services that are licensed according to Minnesota Rules, 
79.11 	parts 9530.6405 to 9530.6480, or applicable tribal license;
79.12 	(2) medication-assisted therapy services that are licensed according to Minnesota 
79.13 	Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
79.14 	(3) medication-assisted therapy plus enhanced treatment services that meet the 
79.15 	requirements of clause (2) and provide nine hours of clinical services each week;
79.16 	(4) high, medium, and low intensity residential treatment services that are licensed 
79.17 	according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable 
79.18 	tribal license which provide, respectively, 30, 15, and five hours of clinical services each 
79.19 	week;
79.20 	(5) hospital-based treatment services that are licensed according to Minnesota Rules, 
79.21 	parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under 
79.22 	sections 144.50 to 144.56;
79.23 	(6) adolescent treatment programs that are licensed as outpatient treatment programs 
79.24 	according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment 
79.25 	programs according to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 
79.26 	2960.0490, or applicable tribal license; and
79.27 	(7) room and board facilities that meet the requirements of section 254B.05, 
79.28 	subdivision 1a.; and
79.29 	(8) services that:
79.30 	(i) are licensed according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 
79.31 	9530.6505, or with an applicable tribal license, and provide 30 hours of clinical services 
79.32 	each week;
79.33 	(ii) are certified according to Minnesota Rules, parts 9533.0010 to 9533.0180;
80.1 	(iii) are provided by a state-operated or nonstate-operated vendor, to clients who 
80.2 	have been civilly committed to the commissioner, present the most complex and difficult 
80.3 	care needs, and are a potential threat to the community; and
80.4 	(iv) meet staffing requirements established by the commissioner for serving this 
80.5 	population.
80.6 	(c) The commissioner shall establish higher rates for programs that meet the 
80.7 	requirements of paragraph (b) and the following additional requirements:
80.8 	(1) programs that serve parents with their children if the program:
80.9 	(i) provides on-site child care during hours of treatment activity that meets the 
80.10 	requirements in Minnesota Rules, part 9530.6490, or section 245A.03, subdivision 2; or
80.11 	(ii) arranges for off-site child care during hours of treatment activity at a facility that 
80.12 	is licensed under chapter 245A as:
80.13 	(A) a child care center under Minnesota Rules, chapter 9503; or
80.14 	(B) a family child care home under Minnesota Rules, chapter 9502;
80.15 	(2) culturally specific programs as defined in section 254B.01, subdivision 8 4a, if 
80.16 	the program meets the requirements in Minnesota Rules, part 9530.6605, subpart 13;
80.17 	(3) programs that offer medical services delivered by appropriately credentialed 
80.18 	health care staff in an amount equal to two hours per client per week if the medical 
80.19 	needs of the client and the nature and provision of any medical services provided are 
80.20 	documented in the client file; and
80.21 	(4) programs that offer services to individuals with co-occurring mental health and 
80.22 	chemical dependency problems if:
80.23 	(i) the program meets the co-occurring requirements in Minnesota Rules, part 
80.24 	9530.6495;
80.25 	(ii) 25 percent of the counseling staff are licensed mental health professionals, as 
80.26 	defined in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing 
80.27 	candidates under the supervision of a licensed alcohol and drug counselor supervisor and 
80.28 	licensed mental health professional, except that no more than 50 percent of the mental 
80.29 	health staff may be students or licensing candidates with time documented to be directly 
80.30 	related to provisions of co-occurring services;
80.31 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
80.32 	health diagnostic assessment within ten days of admission;
80.33 	(iv) the program has standards for multidisciplinary case review that include a 
80.34 	monthly review for each client that, at a minimum, includes a licensed mental health 
80.35 	professional and licensed alcohol and drug counselor, and their involvement in the review 
80.36 	is documented;
81.1 	(v) family education is offered that addresses mental health and substance abuse 
81.2 	disorders and the interaction between the two; and
81.3 	(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder 
81.4 	training annually.
81.5 	(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program 
81.6 	that provides arrangements for off-site child care must maintain current documentation at 
81.7 	the chemical dependency facility of the child care provider's current licensure to provide 
81.8 	child care services. Programs that provide child care according to paragraph (c), clause 
81.9 	(1), must be deemed in compliance with the licensing requirements in Minnesota Rules, 
81.10 	part 9530.6490.
81.11 	(e) Adolescent residential programs that meet the requirements of Minnesota 
81.12 	Rules, parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the 
81.13 	requirements in paragraph (c), clause (4), items (i) to (iv).

81.14 	EFFECTIVE DATE. The amendments to paragraph (b) are effective January 1, 
81.15 	2016, or upon federal approval, whichever is later. The commissioner of human services 
81.16 	shall notify the revisor of statutes when federal approval is obtained.

81.17 	Sec. 4. Minnesota Statutes 2014, section 256B.0615, subdivision 3, is amended to read:
81.18 		Subd. 3.Eligibility. Peer support services may be made available to consumers 
81.19 	of (1) intensive rehabilitative mental health residential treatment services under section 
81.20 	256B.0622; (2) adult rehabilitative mental health services under section 256B.0623; and 
81.21 	(3) crisis stabilization and mental health mobile crisis intervention services under section 
81.22 	256B.0624.

81.23 	Sec. 5. Minnesota Statutes 2014, section 256B.0622, subdivision 1, is amended to read:
81.24 		Subdivision 1.Scope. Subject to federal approval, medical assistance covers 
81.25 	medically necessary, intensive nonresidential assertive community treatment and intensive 
81.26 	residential rehabilitative mental healthtreatment services as defined in subdivision 2, for 
81.27 	recipients as defined in subdivision 3, when the services are provided by an entity meeting 
81.28 	the standards in this section.

81.29 	Sec. 6. Minnesota Statutes 2014, section 256B.0622, subdivision 2, is amended to read:
81.30 		Subd. 2.Definitions. For purposes of this section, the following terms have the 
81.31 	meanings given them.
81.32 	(a) "Intensive nonresidential rehabilitative mental health services" means adult 
81.33 	rehabilitative mental health services as defined in section 256B.0623, subdivision 2, 
82.1 	paragraph (a), except that these services are provided by a multidisciplinary staff using 
82.2 	a total team approach consistent with assertive community treatment, the Fairweather 
82.3 	Lodge treatment model, as defined by the standards established by the National Coalition 
82.4 	for Community Living, and other evidence-based practices, and directed to recipients with 
82.5 	a serious mental illness who require intensive services. "Assertive community treatment" 
82.6 	means intensive nonresidential rehabilitative mental health services provided according 
82.7 	to the evidence-based practice of assertive community treatment. Core elements of this 
82.8 	service include, but are not limited to:
82.9 	(1) a multidisciplinary staff who utilize a total team approach and who serve as a 
82.10 	fixed point of responsibility for all service delivery;
82.11 	(2) providing services 24 hours per day and 7 days per week;
82.12 	(3) providing the majority of services in a community setting;
82.13 	(4) offering a low ratio of recipients to staff; and 
82.14 	(5) providing service that is not time-limited.
82.15 	(b) "Intensive residential rehabilitative mental healthtreatment services" means 
82.16 	short-term, time-limited services provided in a residential setting to recipients who are 
82.17 	in need of more restrictive settings and are at risk of significant functional deterioration 
82.18 	if they do not receive these services. Services are designed to develop and enhance 
82.19 	psychiatric stability, personal and emotional adjustment, self-sufficiency, and skills to live 
82.20 	in a more independent setting. Services must be directed toward a targeted discharge 
82.21 	date with specified client outcomes and must be consistent with the Fairweather Lodge 
82.22 	treatment model as defined in paragraph (a), and other evidence-based practices.
82.23 	(c) "Evidence-based practices" are nationally recognized mental health services that 
82.24 	are proven by substantial research to be effective in helping individuals with serious 
82.25 	mental illness obtain specific treatment goals.
82.26 	(d) "Overnight staff" means a member of the intensive residential rehabilitative 
82.27 	mental health treatment team who is responsible during hours when recipients are 
82.28 	typically asleep.
82.29 	(e) "Treatment team" means all staff who provide services under this section to 
82.30 	recipients. At a minimum, this includes the clinical supervisor, mental health professionals 
82.31 	as defined in section 245.462, subdivision 18, clauses (1) to (6); mental health practitioners 
82.32 	as defined in section 245.462, subdivision 17; mental health rehabilitation workers under 
82.33 	section 256B.0623, subdivision 5, clause (3); and certified peer specialists under section 
82.34 	256B.0615.

82.35 	Sec. 7. Minnesota Statutes 2014, section 256B.0622, subdivision 3, is amended to read:
83.1 		Subd. 3.Eligibility. An eligible recipient is an individual who:
83.2 	(1) is age 18 or older;
83.3 	(2) is eligible for medical assistance;
83.4 	(3) is diagnosed with a mental illness;
83.5 	(4) because of a mental illness, has substantial disability and functional impairment 
83.6 	in three or more of the areas listed in section 245.462, subdivision 11a, so that 
83.7 	self-sufficiency is markedly reduced;
83.8 	(5) has one or more of the following: a history of two or more recurring or prolonged
83.9 	inpatient hospitalizations in the past year, significant independent living instability, 
83.10 	homelessness, or very frequent use of mental health and related services yielding poor 
83.11 	outcomes; and
83.12 	(6) in the written opinion of a licensed mental health professional, has the need for 
83.13 	mental health services that cannot be met with other available community-based services, 
83.14 	or is likely to experience a mental health crisis or require a more restrictive setting if 
83.15 	intensive rehabilitative mental health services are not provided.

83.16 	Sec. 8. Minnesota Statutes 2014, section 256B.0622, subdivision 4, is amended to read:
83.17 		Subd. 4.Provider certification and contract requirements. (a) The intensive 
83.18 	nonresidential rehabilitative mental health services assertive community treatment
83.19 	provider must:
83.20 	(1) have a contract with the host county to provide intensive adult rehabilitative 
83.21 	mental health services; and
83.22 	(2) be certified by the commissioner as being in compliance with this section and 
83.23 	section 256B.0623.
83.24 	(b) The intensive residential rehabilitative mental healthtreatment services provider 
83.25 	must:
83.26 	(1) be licensed under Minnesota Rules, parts 9520.0500 to 9520.0670;
83.27 	(2) not exceed 16 beds per site;
83.28 	(3) comply with the additional standards in this section; and
83.29 	(4) have a contract with the host county to provide these services.
83.30 	(c) The commissioner shall develop procedures for counties and providers to submit 
83.31 	contracts and other documentation as needed to allow the commissioner to determine 
83.32 	whether the standards in this section are met.

83.33 	Sec. 9. Minnesota Statutes 2014, section 256B.0622, subdivision 5, is amended to read:
84.1 		Subd. 5.Standards applicable to both nonresidential assertive community 
84.2 	treatment and residential providers. (a) Services must be provided by qualified staff as 
84.3 	defined in section 256B.0623, subdivision 5, who are trained and supervised according to 
84.4 	section 256B.0623, subdivision 6, except that mental health rehabilitation workers acting 
84.5 	as overnight staff are not required to comply with section 256B.0623, subdivision 5, 
84.6 	clause (3) (4), item (iv).
84.7 	(b) The clinical supervisor must be an active member of the treatment team. The 
84.8 	treatment team must meet with the clinical supervisor at least weekly to discuss recipients' 
84.9 	progress and make rapid adjustments to meet recipients' needs. The team meeting shall 
84.10 	include recipient-specific case reviews and general treatment discussions among team 
84.11 	members. Recipient-specific case reviews and planning must be documented in the 
84.12 	individual recipient's treatment record.
84.13 	(c) Treatment staff must have prompt access in person or by telephone to a mental 
84.14 	health practitioner or mental health professional. The provider must have the capacity to 
84.15 	promptly and appropriately respond to emergent needs and make any necessary staffing 
84.16 	adjustments to assure the health and safety of recipients.
84.17 	(d) The initial functional assessment must be completed within ten days of intake 
84.18 	and updated at least every three months 30 days for intensive residential treatment services 
84.19 	and every six months for assertive community treatment, or prior to discharge from the 
84.20 	service, whichever comes first.
84.21 	(e) The initial individual treatment plan must be completed within ten days of intake 
84.22 	and for assertive community treatment and within 24 hours of admission for intensive 
84.23 	residential treatment services. Within ten days of admission, the initial treatment plan 
84.24 	must be refined and further developed for intensive residential treatment services, except 
84.25 	for providers certified according to Minnesota Rules, parts 9533.0010 to 9533.0180. 
84.26 	The individual treatment plan must be  reviewed with the recipient and updated at least 
84.27 	monthly with the recipient for intensive residential treatment services and at least every 
84.28 	six months for assertive community treatment.

84.29 	Sec. 10. Minnesota Statutes 2014, section 256B.0622, subdivision 7, is amended to read:
84.30 		Subd. 7.Additional standards for nonresidential services assertive community 
84.31 	treatment. The standards in this subdivision apply to intensive nonresidential 
84.32 	rehabilitative mental health assertive community treatment services.
84.33 	(1) The treatment team must use team treatment, not an individual treatment model.
84.34 	(2) The clinical supervisor must function as a practicing clinician at least on a 
84.35 	part-time basis.
85.1 	(3) The staffing ratio must not exceed ten recipients to one full-time equivalent 
85.2 	treatment team position.
85.3 	(4) Services must be available at times that meet client needs.
85.4 	(5) The treatment team must actively and assertively engage and reach out to the 
85.5 	recipient's family members and significant others, after obtaining the recipient's permission.
85.6 	(6) The treatment team must establish ongoing communication and collaboration 
85.7 	between the team, family, and significant others and educate the family and significant 
85.8 	others about mental illness, symptom management, and the family's role in treatment.
85.9 	(7) The treatment team must provide interventions to promote positive interpersonal 
85.10 	relationships.

85.11 	Sec. 11. Minnesota Statutes 2014, section 256B.0622, subdivision 8, is amended to read:
85.12 		Subd. 8.Medical assistance payment for intensive rehabilitative mental health 
85.13 	services. (a) Payment for intensive residential and nonresidential treatment services 
85.14 	and assertive community treatment in this section shall be based on one daily rate per 
85.15 	provider inclusive of the following services received by an eligible recipient in a given 
85.16 	calendar day: all rehabilitative services under this section, staff travel time to provide 
85.17 	rehabilitative services under this section, and nonresidential crisis stabilization services 
85.18 	under section 256B.0624.
85.19 	(b) Except as indicated in paragraph (c), payment will not be made to more than one 
85.20 	entity for each recipient for services provided under this section on a given day. If services 
85.21 	under this section are provided by a team that includes staff from more than one entity, the 
85.22 	team must determine how to distribute the payment among the members.
85.23 	(c) The commissioner shall determine one rate for each provider that will bill 
85.24 	medical assistance for residential services under this section and one rate for each 
85.25 	nonresidential assertive community treatment provider. If a single entity provides both 
85.26 	services, one rate is established for the entity's residential services and another rate for the 
85.27 	entity's nonresidential services under this section. A provider is not eligible for payment 
85.28 	under this section without authorization from the commissioner. The commissioner shall 
85.29 	develop rates using the following criteria:
85.30 	(1) the cost for similar services in the local trade area;
85.31 	(2) (1) the provider's cost for services shall include direct services costs, other 
85.32 	program costs, and other costs determined as follows:
85.33 	(i) the direct services costs must be determined using actual costs of salaries, benefits, 
85.34 	payroll taxes, and training of direct service staff and service-related transportation;
86.1 	(ii) other program costs not included in item (i) must be determined as a specified 
86.2 	percentage of the direct services costs as determined by item (i). The percentage used shall 
86.3 	be determined by the commissioner based upon the average of percentages that represent 
86.4 	the relationship of other program costs to direct services costs among the entities that 
86.5 	provide similar services;
86.6 	(iii) in situations where a provider of intensive residential services can demonstrate 
86.7 	actual program-related physical plant costs in excess of the group residential housing 
86.8 	reimbursement, the commissioner may include these costs in the program rate, so long 
86.9 	as the additional reimbursement does not subsidize the room and board expenses of the 
86.10 	program physical plant costs calculated based on the percentage of space within the 
86.11 	program that is entirely devoted to treatment and programming. This does not include 
86.12 	administrative or residential space;
86.13 	(iv) intensive nonresidential services assertive community treatment physical plant 
86.14 	costs must be reimbursed as part of the costs described in item (ii); and
86.15 	(v) subject to federal approval, up to an additional five percent of the total rate must
86.16 	may be added to the program rate as a quality incentive based upon the entity meeting 
86.17 	performance criteria specified by the commissioner;
86.18 	(3) (2) actual cost is defined as costs which are allowable, allocable, and reasonable, 
86.19 	and consistent with federal reimbursement requirements under Code of Federal 
86.20 	Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and Office of 
86.21 	Management and Budget Circular Number A-122, relating to nonprofit entities;
86.22 	(4) (3) the number of service units;
86.23 	(5) (4) the degree to which recipients will receive services other than services under 
86.24 	this section; and
86.25 	(6) (5) the costs of other services that will be separately reimbursed; and.
86.26 	(7) input from the local planning process authorized by the adult mental health 
86.27 	initiative under section 245.4661, regarding recipients' service needs.
86.28 	(d) The rate for intensive rehabilitative mental healthresidential treatment services 
86.29 	and assertive community treatment must exclude room and board, as defined in section 
86.30 	256I.03, subdivision 6, and services not covered under this section, such as partial 
86.31 	hospitalization, home care, and inpatient services. 
86.32 	(e) Physician services that are not separately billed may be included in the rate to the 
86.33 	extent that a psychiatrist is a member of the treatment team. Physician services, whether 
86.34 	billed separately or included in the rate, may be delivered by telemedicine. For purposes 
86.35 	of this paragraph, "telemedicine" has the meaning given to "mental health telemedicine" 
87.1 	in section 256B.0625, subdivision 46, when telemedicine is used to provide intensive 
87.2 	residential treatment services.
87.3 	(e) (f) When services under this section are provided by an intensive nonresidential 
87.4 	service assertive community treatment  provider, case management functions must be an 
87.5 	integral part of the team.
87.6 	(f) (g) The rate for a provider must not exceed the rate charged by that provider for 
87.7 	the same service to other payors.
87.8 	(g) (h) The rates for existing programs must be established prospectively based upon 
87.9 	the expenditures and utilization over a prior 12-month period using the criteria established 
87.10 	in paragraph (c). The rates for new programs must be established based upon estimated 
87.11 	expenditures and estimated utilization using the criteria established in paragraph (c).
87.12 	(h) (i) Entities who discontinue providing services must be subject to a settle-up 
87.13 	process whereby actual costs and reimbursement for the previous 12 months are 
87.14 	compared. In the event that the entity was paid more than the entity's actual costs plus 
87.15 	any applicable performance-related funding due the provider, the excess payment must 
87.16 	be reimbursed to the department. If a provider's revenue is less than actual allowed costs 
87.17 	due to lower utilization than projected, the commissioner may reimburse the provider to 
87.18 	recover its actual allowable costs. The resulting adjustments by the commissioner must 
87.19 	be proportional to the percent of total units of service reimbursed by the commissioner
87.20 	and must reflect a difference of greater than five percent.
87.21 	(i) (j) A provider may request of the commissioner a review of any rate-setting 
87.22 	decision made under this subdivision.

87.23 	Sec. 12. Minnesota Statutes 2014, section 256B.0622, subdivision 9, is amended to read:
87.24 		Subd. 9.Provider enrollment; rate setting for county-operated entities. Counties 
87.25 	that employ their own staff to provide services under this section shall apply directly to 
87.26 	the commissioner for enrollment and rate setting. In this case, a county contract is not 
87.27 	required and the commissioner shall perform the program review and rate setting duties 
87.28 	which would otherwise be required of counties under this section.

87.29 	Sec. 13. Minnesota Statutes 2014, section 256B.0622, subdivision 10, is amended to 
87.30 	read:
87.31 		Subd. 10.Provider enrollment; rate setting for specialized program. A county 
87.32 	contract is not required for a provider proposing to serve a subpopulation of eligible 
87.33 	recipients may bypass the county approval procedures in this section and receive approval 
88.1 	for provider enrollment and rate setting directly from the commissioner under the 
88.2 	following circumstances:
88.3 	(1) the provider demonstrates that the subpopulation to be served requires a 
88.4 	specialized program which is not available from county-approved entities; and
88.5 	(2) the subpopulation to be served is of such a low incidence that it is not feasible to 
88.6 	develop a program serving a single county or regional group of counties.
88.7 	For providers meeting the criteria in clauses (1) and (2), the commissioner shall 
88.8 	perform the program review and rate setting duties which would otherwise be required of 
88.9 	counties under this section.

88.10 	Sec. 14. Minnesota Statutes 2014, section 256B.0622, is amended by adding a 
88.11 	subdivision to read:
88.12 		Subd. 11.Sustainability grants. The commissioner may disburse grant funds 
88.13 	directly to intensive residential treatment services providers and assertive community 
88.14 	treatment providers to maintain access to these services.

88.15 	Sec. 15. Minnesota Statutes 2014, section 256B.0624, subdivision 7, is amended to read:
88.16 		Subd. 7.Crisis stabilization services. (a) Crisis stabilization services must be 
88.17 	provided by qualified staff of a crisis stabilization services provider entity and must meet 
88.18 	the following standards:
88.19 	(1) a crisis stabilization treatment plan must be developed which meets the criteria 
88.20 	in subdivision 11;
88.21 	(2) staff must be qualified as defined in subdivision 8; and
88.22 	(3) services must be delivered according to the treatment plan and include 
88.23 	face-to-face contact with the recipient by qualified staff for further assessment, help with 
88.24 	referrals, updating of the crisis stabilization treatment plan, supportive counseling, skills 
88.25 	training, and collaboration with other service providers in the community.
88.26 	(b) If crisis stabilization services are provided in a supervised, licensed residential 
88.27 	setting, the recipient must be contacted face-to-face daily by a qualified mental health 
88.28 	practitioner or mental health professional. The program must have 24-hour-a-day 
88.29 	residential staffing which may include staff who do not meet the qualifications in 
88.30 	subdivision 8. The residential staff must have 24-hour-a-day immediate direct or telephone 
88.31 	access to a qualified mental health professional or practitioner.
88.32 	(c) If crisis stabilization services are provided in a supervised, licensed residential 
88.33 	setting that serves no more than four adult residents, and no more than two are recipients 
88.34 	of crisis stabilization services one or more individuals are present at the setting to receive 
89.1 	residential crisis stabilization services, the residential staff must include, for at least eight 
89.2 	hours per day, at least one individual who meets the qualifications in subdivision 8, 
89.3 	paragraph (a), clause (1) or (2).
89.4 	(d) If crisis stabilization services are provided in a supervised, licensed residential 
89.5 	setting that serves more than four adult residents, and one or more are recipients of crisis 
89.6 	stabilization services, the residential staff must include, for 24 hours a day, at least one 
89.7 	individual who meets the qualifications in subdivision 8. During the first 48 hours that a 
89.8 	recipient is in the residential program, the residential program must have at least two staff 
89.9 	working 24 hours a day. Staffing levels may be adjusted thereafter according to the needs 
89.10 	of the recipient as specified in the crisis stabilization treatment plan.

89.11 	Sec. 16. Minnesota Statutes 2014, section 256B.0625, is amended by adding a 
89.12 	subdivision to read:
89.13 		Subd. 45a.Psychiatric residential treatment facility services for persons under 
89.14 	21 years of age. (a) Medical assistance covers psychiatric residential treatment facility 
89.15 	services for persons under 21 years of age. Individuals who reach age 21 at the time they 
89.16 	are receiving services are eligible to continue receiving services until they no longer 
89.17 	require services or until they reach age 22, whichever occurs first.
89.18 	(b) For purposes of this subdivision, "psychiatric residential treatment facility" 
89.19 	means a facility other than a hospital that provides psychiatric services, as described in 
89.20 	Code of Federal Regulations, title 42, sections 441.151 to 441.182, to individuals under 
89.21 	age 21 in an inpatient setting.
89.22 	(c) The commissioner shall develop admissions and discharge procedures and 
89.23 	establish rates consistent with guidelines from the federal Centers for Medicare and 
89.24 	Medicaid Services.
89.25 	(d) The commissioner shall enroll up to 150 certified psychiatric residential 
89.26 	treatment facility services beds at up to six sites. The commissioner shall select psychiatric 
89.27 	residential treatment facility services providers through a request for proposals process. 
89.28 	Providers of state-operated services may respond to the request for proposals.

89.29 	EFFECTIVE DATE. This section is effective July 1, 2017, or upon federal 
89.30 	approval, whichever is later. The commissioner of human services shall notify the revisor 
89.31 	of statutes when federal approval is obtained.

89.32 	Sec. 17. RATE-SETTING METHODOLOGY FOR COMMUNITY-BASED 
89.33 	MENTAL HEALTH SERVICES.
 90.1 	The commissioner of human services shall conduct a comprehensive analysis 
90.2 	of the current rate-setting methodology for all community-based mental health 
90.3 	services for children and adults. The report shall include an assessment of alternative 
90.4 	payment structures, consistent with the intent and direction of the federal Centers for 
90.5 	Medicare and Medicaid Services, that could provide adequate reimbursement to sustain 
90.6 	community-based mental health services regardless of geographic location. The report 
90.7 	shall also include recommendations for establishing pay-for-performance measures for 
90.8 	providers delivering services consistent with evidence-based practices. In developing the 
90.9 	report, the commissioner shall consult with stakeholders and with outside experts in 
90.10 	Medicaid financing. The commissioner shall provide a report on the analysis to the chairs 
90.11 	of the legislative committees with jurisdiction over health and human services finance 
90.12 	by January 1, 2017.

90.13 	Sec. 18. EXCELLENCE IN MENTAL HEALTH DEMONSTRATION PROJECT.
 90.14 	By January 15, 2016, the commissioner of human services shall report to the 
90.15 	legislative committees in the house of representatives and senate with jurisdiction over 
90.16 	human services issues on the progress of the Excellence in Mental Health demonstration 
90.17 	project under Minnesota Statutes, section 245.735. The commissioner shall include in 
90.18 	the report any recommendations for legislative changes needed to implement the reform 
90.19 	projects specified in Minnesota Statutes, section 245.735, subdivision 4.

90.20 	ARTICLE 3
90.21 	WITHDRAWAL MANAGEMENT PROGRAMS

90.22 	Section 1. [245F.01] PURPOSE.
90.23 	It is hereby declared to be the public policy of this state that the public interest is best 
90.24 	served by providing efficient and effective withdrawal management services to persons 
90.25 	in need of  appropriate detoxification, assessment, intervention, and referral services. 
90.26 	The services shall vary to address the unique medical needs of each patient and shall be 
90.27 	responsive to the language and cultural needs of each patient. Services shall not be denied 
90.28 	on the basis of a patient's inability to pay.

90.29 	Sec. 2. [245F.02] DEFINITIONS.
90.30 		Subdivision 1.Scope. The terms used in this chapter have the meanings given 
90.31 	them in this section.
91.1 		Subd. 2.Administration of medications. "Administration of medications" means 
91.2 	performing a task to provide medications to a patient, and includes the following tasks 
91.3 	performed in the following order:
91.4 	(1) checking the patient's medication record;
91.5 	(2) preparing the medication for administration;
91.6 	(3) administering the medication to the patient;
91.7 	(4) documenting administration of the medication or the reason for not administering 
91.8 	the medication as prescribed; and
91.9 	(5) reporting information to a licensed practitioner or a registered nurse regarding 
91.10 	problems with the administration of the medication or the patient's refusal to take the 
91.11 	medication.
91.12 		Subd. 3.Alcohol and drug counselor. "Alcohol and drug counselor" means an 
91.13 	individual qualified under Minnesota Rules, part 9530.6450, subpart 5.
91.14 		Subd. 4.Applicant. "Applicant" means an individual, partnership, voluntary 
91.15 	association, corporation, or other public or private organization that submits an application 
91.16 	for licensure under this chapter.
91.17 		Subd. 5.Care coordination. "Care coordination" means activities intended to bring 
91.18 	together health services, patient needs, and streams of information to facilitate the aims 
91.19 	of care. Care coordination includes an ongoing needs assessment, life skills advocacy, 
91.20 	treatment follow-up, disease management, education, and other services as needed.  
91.21 		Subd. 6.Chemical. "Chemical" means alcohol, solvents, controlled substances as 
91.22 	defined in section 152.01, subdivision 4, and other mood-altering substances.
91.23 		Subd. 7.Clinically managed program. "Clinically managed program" means a 
91.24 	residential setting with staff comprised of a medical director and a licensed practical nurse. 
91.25 	A licensed practical nurse must be on site 24 hours a day, seven days a week. A qualified 
91.26 	medical professional must be available by telephone or in person for consultation 24 hours 
91.27 	a day. Patients admitted to this level of service receive medical observation, evaluation, 
91.28 	and stabilization services during the detoxification process; access to medications 
91.29 	administered by trained, licensed staff to manage withdrawal; and a comprehensive 
91.30 	assessment pursuant to Minnesota Rules, part 9530.6422.
91.31 		Subd. 8.Commissioner. "Commissioner" means the commissioner of human 
91.32 	services or the commissioner's designated representative.
91.33 		Subd. 9.Department. "Department" means the Department of Human Services.
91.34 		Subd. 10.Direct patient contact. "Direct patient contact" has the meaning given 
91.35 	for "direct contact" in section 245C.02, subdivision 11.
92.1 		Subd. 11.Discharge plan. "Discharge plan" means a written plan that states with 
92.2 	specificity the services the program has arranged for the patient to transition back into 
92.3 	the community.
92.4 		Subd. 12.Licensed practitioner. "Licensed practitioner" means a practitioner as 
92.5 	defined in section 151.01, subdivision 23, who is authorized to prescribe.
92.6 		Subd. 13.Medical director. "Medical director" means an individual licensed in 
92.7 	Minnesota as a doctor of osteopathy or physician, or an individual licensed in Minnesota 
92.8 	as an advanced practice registered nurse by the Board of Nursing and certified to practice 
92.9 	as a clinical nurse specialist or nurse practitioner by a national nurse organization 
92.10 	acceptable to the board. The medical director must be employed by or under contract with 
92.11 	the license holder to direct and supervise health care for patients of a program licensed 
92.12 	under this chapter.
92.13 		Subd. 14.Medically monitored program. "Medically monitored program" means 
92.14 	a residential setting with staff that includes a registered nurse and a medical director. A 
92.15 	registered nurse must be on site 24 hours a day. A medical director must be on site seven 
92.16 	days a week, and patients must have the ability to be seen by a medical director within 24 
92.17 	hours. Patients admitted to this level of service receive medical observation, evaluation, 
92.18 	and stabilization services during the detoxification process; medications administered by 
92.19 	trained, licensed staff to manage withdrawal; and a comprehensive assessment pursuant to 
92.20 	Minnesota Rules, part 9530.6422.
92.21 		Subd. 15.Nurse. "Nurse" means a person licensed and currently registered to 
92.22 	practice practical or professional nursing as defined in section 148.171, subdivisions 
92.23 	14 and 15.
92.24 		Subd. 16.Patient. "Patient" means an individual who presents or is presented for 
92.25 	admission to a withdrawal management program that meets the criteria in section 245F.05.
92.26 		Subd. 17.Peer recovery support services. "Peer recovery support services" 
92.27 	means mentoring and education, advocacy, and nonclinical recovery support provided 
92.28 	by a recovery peer.
92.29 		Subd. 18.Program director. "Program director" means the individual who is 
92.30 	designated by the license holder to be responsible for all operations of a withdrawal 
92.31 	management program and who meets the qualifications specified in section 245F.15, 
92.32 	subdivision 3.
92.33 		Subd. 19.Protective procedure. "Protective procedure" means an action taken by a 
92.34 	staff member of a withdrawal management program to protect a patient from imminent 
92.35 	danger of harming self or others. Protective procedures include the following actions:
93.1 	(1) seclusion, which means the temporary placement of a patient, without the 
93.2 	patient's consent, in an environment to prevent social contact; and
93.3 	(2) physical restraint, which means the restraint of a patient by use of physical holds 
93.4 	intended to limit movement of the body.
93.5 		Subd. 20.Qualified medical professional. "Qualified medical professional" 
93.6 	means an individual licensed in Minnesota as a doctor of osteopathy or physician, or an 
93.7 	individual licensed in Minnesota as an advanced practice registered nurse by the Board of 
93.8 	Nursing and certified to practice as a clinical nurse specialist or nurse practitioner by a 
93.9 	national nurse organization acceptable to the board.
93.10 		Subd. 21.Recovery peer. "Recovery peer" means a person who has progressed in 
93.11 	the person's own recovery from substance use disorder and is willing to serve as a peer 
93.12 	to assist others in their recovery.
93.13 		Subd. 22.Responsible staff person. "Responsible staff person" means the program 
93.14 	director, the medical director, or a staff person with current licensure as a nurse in 
93.15 	Minnesota. The responsible staff person must be on the premises and is authorized to 
93.16 	make immediate decisions concerning patient care and safety.
93.17 		Subd. 23.Substance. "Substance" means "chemical" as defined in subdivision 6.
93.18 		Subd. 24.Substance use disorder. "Substance use disorder" means a pattern of 
93.19 	substance use as defined in the current edition of the Diagnostic and Statistical Manual of 
93.20 	Mental Disorders.
93.21 		Subd. 25.Technician. "Technician" means a person who meets the qualifications in 
93.22 	section 245F.15, subdivision 6.
93.23 		Subd. 26.Withdrawal management program. "Withdrawal management 
93.24 	program" means a licensed program that provides short-term medical services on 
93.25 	a 24-hour basis for the purpose of stabilizing intoxicated patients, managing their 
93.26 	withdrawal, and facilitating access to substance use disorder treatment as indicated by a 
93.27 	comprehensive assessment.

93.28 	Sec. 3. [245F.03] APPLICATION.
93.29 	(a) This chapter establishes minimum standards for withdrawal management 
93.30 	programs licensed by the commissioner that serve one or more unrelated persons. 
93.31 	(b) This chapter does not apply to a withdrawal management program licensed as a 
93.32 	hospital under sections 144.50 to 144.581. A withdrawal management program located in 
93.33 	a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this 
93.34 	chapter is deemed to be in compliance with section 245F.13.

94.1 	Sec. 4. [245F.04] PROGRAM LICENSURE.
94.2 		Subdivision 1.General application and license requirements. An applicant 
94.3 	for licensure as a clinically managed withdrawal management program or medically 
94.4 	monitored withdrawal management program must meet the following requirements, 
94.5 	except where otherwise noted. All programs must comply with federal requirements and 
94.6 	the general requirements in chapters 245A and 245C and sections 626.556, 626.557, and 
94.7 	626.5572. A withdrawal management program must be located in a hospital licensed under 
94.8 	sections 144.50 to 144.581, or must be a supervised living facility with a class B license 
94.9 	from the Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.
94.10 		Subd. 2.Contents of application. Prior to the issuance of a license, an applicant 
94.11 	must submit, on forms provided by the commissioner, documentation demonstrating 
94.12 	the following:
94.13 	(1) compliance with this section;
94.14 	(2) compliance with applicable building, fire, and safety codes; health rules; zoning 
94.15 	ordinances; and other applicable rules and regulations or documentation that a waiver 
94.16 	has been granted. The granting of a waiver does not constitute modification of any 
94.17 	requirement of this section;
94.18 	(3) completion of an assessment of need for a new or expanded program as required 
94.19 	by Minnesota Rules, part 9530.6800; and
94.20 	(4) insurance coverage, including bonding, sufficient to cover all patient funds, 
94.21 	property, and interests.
94.22 		Subd. 3.Changes in license terms. (a) A license holder must notify the 
94.23 	commissioner before one of the following occurs and the commissioner must determine 
94.24 	the need for a new license:
94.25 	(1) a change in the Department of Health's licensure of the program;
94.26 	(2) a change in the medical services provided by the program that affects the 
94.27 	program's capacity to provide services required by the program's license designation as a 
94.28 	clinically managed program or medically monitored program;
94.29 	(3) a change in program capacity; or
94.30 	(4) a change in location.
94.31 	(b) A license holder must notify the commissioner and apply for a new license 
94.32 	when a change in program ownership occurs.
94.33 		Subd. 4.Variances. The commissioner may grant variances to the requirements of 
94.34 	this chapter under section 245A.04, subdivision 9.

94.35 	Sec. 5. [245F.05] ADMISSION AND DISCHARGE POLICIES.
95.1 		Subdivision 1.Admission policy. A license holder must have a written admission 
95.2 	policy containing specific admission criteria. The policy must describe the admission 
95.3 	process and the point at which an individual who is eligible under subdivision 2 is 
95.4 	admitted to the program. A license holder must not admit individuals who do not meet the 
95.5 	admission criteria. The admission policy must be approved and signed by the medical 
95.6 	director of the facility and must designate which staff members are authorized to admit 
95.7 	and discharge patients. The admission policy must be posted in the area of the facility 
95.8 	where patients are admitted and given to all interested individuals upon request.
95.9 		Subd. 2.Admission criteria. For an individual to be admitted to a withdrawal 
95.10 	management program, the program must make a determination that the program services 
95.11 	are appropriate to the needs of the individual.  A program may only admit individuals who 
95.12 	meet the admission criteria and who, at the time of admission:
95.13 	(1) are impaired as the result of intoxication;
95.14 	(2) are experiencing physical, mental, or emotional problems due to intoxication or 
95.15 	withdrawal from alcohol or other drugs;
95.16 	(3) are being held under apprehend and hold orders under section 253B.07, 
95.17 	subdivision 2b;
95.18 	(4) have been committed under chapter 253B, and need temporary placement;
95.19 	(5) are held under emergency holds or peace and health officer holds under section 
95.20 	253B.05, subdivision 1 or 2; or
95.21 	(6) need to stay temporarily in a protective environment because of a crisis related 
95.22 	to substance use disorder. Individuals satisfying this clause may be admitted only at the 
95.23 	request of the county of fiscal responsibility, as determined according to section 256G.02, 
95.24 	subdivision 4. Individuals admitted according to this clause must not be restricted to 
95.25 	the facility.
95.26 		Subd. 3.Individuals denied admission by program. (a) A license holder must 
95.27 	have a written policy and procedure for addressing the needs of individuals who are 
95.28 	denied admission to the program. These individuals include:
95.29 	(1) individuals whose pregnancy, in combination with their presenting problem, 
95.30 	requires services not provided by the program; and
95.31 	(2) individuals who are in imminent danger of harming self or others if their 
95.32 	behavior is beyond the behavior management capabilities of the program and staff.
95.33 	(b) Programs must document denied admissions, including the date and time of 
95.34 	the admission request, reason for the denial of admission, and where the individual was 
95.35 	referred. If the individual did not receive a referral, the program must document why a 
96.1 	referral was not made. This information must be documented on a form approved by the 
96.2 	commissioner and made available to the commissioner upon request.
96.3 		Subd. 4.License holder responsibilities; denying admission or terminating 
96.4 	services. (a) If a license holder denies an individual admission to the program or 
96.5 	terminates services to a patient and the denial or termination poses an immediate threat to 
96.6 	the patient's or individual's health or requires immediate medical intervention, the license 
96.7 	holder must refer the patient or individual to a medical facility capable of admitting the 
96.8 	patient or individual.
96.9 	(b) A license holder must report to a law enforcement agency with proper jurisdiction 
96.10 	all denials of admission and terminations of services that involve the commission of a crime 
96.11 	against a staff member of the license holder or on the license holder's property, as provided 
96.12 	in Code of Federal Regulations, title 42, section 2.12(c)(5), and title 45, parts 160 to 164.
96.13 		Subd. 5.Discharge and transfer policies. A license holder must have a written 
96.14 	policy and procedure, approved and signed by the medical director, that specifies 
96.15 	conditions under which patients may be discharged or transferred. The policy must 
96.16 	include the following:
96.17 	(1) guidelines for determining when a patient is medically stable and whether a 
96.18 	patient is able to be discharged or transferred to a lower level of care;
96.19 	(2) guidelines for determining when a patient needs a transfer to a higher level of care. 
96.20 	Clinically managed program guidelines must include guidelines for transfer to a medically 
96.21 	monitored program, hospital, or other acute care facility. Medically monitored program 
96.22 	guidelines must include guidelines for transfer to a hospital or other acute care facility;
96.23 	(3) procedures staff must follow when discharging a patient under each of the 
96.24 	following circumstances:
96.25 	(i) the patient is involved in the commission of a crime against program staff or 
96.26 	against a license holder's property. The procedures for a patient discharged under this 
96.27 	item must specify how reports must be made to law enforcement agencies with proper 
96.28 	jurisdiction as allowed under Code of Federal Regulations, title 42, section 2.12(c)(5), and 
96.29 	title 45, parts 160 to 164;
96.30 	(ii) the patient is in imminent danger of harming self or others and is beyond the 
96.31 	license holder's capacity to ensure safety;
96.32 	(iii) the patient was admitted under chapter 253B; or
96.33 	(iv) the patient is leaving against staff or medical advice; and
96.34 	(4) a requirement that staff must document where the patient was referred after 
96.35 	discharge or transfer, and if a referral was not made, the reason the patient was not 
96.36 	provided a referral.

97.1 	Sec. 6. [245F.06] SCREENING AND COMPREHENSIVE ASSESSMENT.
97.2 		Subdivision 1.Screening for substance use disorder. A nurse or an alcohol 
97.3 	and drug counselor must screen each patient upon admission to determine whether a 
97.4 	comprehensive assessment is indicated. The license holder must screen patients at 
97.5 	each admission, except that if the patient has already been determined to suffer from a 
97.6 	substance use disorder, subdivision 2 applies.
97.7 		Subd. 2.Comprehensive assessment. (a) Prior to a medically stable discharge, 
97.8 	but not later than 72 hours following admission, a license holder must provide a 
97.9 	comprehensive assessment according to section 245.4863, paragraph (a), and Minnesota 
97.10 	Rules, part 9530.6422, for each patient who has a positive screening for a substance use 
97.11 	disorder. If a patient's medical condition prevents a comprehensive assessment from 
97.12 	being completed within 72 hours, the license holder must document why the assessment 
97.13 	was not completed. The comprehensive assessment must include documentation of the 
97.14 	appropriateness of an involuntary referral through the civil commitment process.
97.15 	(b) If available to the program, a patient's previous comprehensive assessment may 
97.16 	be used in the patient record. If a previously completed comprehensive assessment is used, 
97.17 	its contents must be reviewed to ensure the assessment is accurate and current and complies 
97.18 	with the requirements of this chapter.   The review must be completed by a staff person 
97.19 	qualified according to Minnesota Rules, part 9530.6450, subpart 5. The license holder must 
97.20 	document that the review was completed and that the previously completed assessment is 
97.21 	accurate and current, or the license holder must complete an updated or new assessment.

97.22 	Sec. 7. [245F.07] STABILIZATION PLANNING.
97.23 		Subdivision 1.Stabilization plan. Within 12 hours of admission, a license 
97.24 	holder must develop an individualized stabilization plan for each patient accepted for 
97.25 	stabilization services. The plan must be based on the patient's initial health assessment 
97.26 	and continually updated based on new information gathered about the patient's condition 
97.27 	from the comprehensive assessment, medical evaluation and consultation, and ongoing 
97.28 	monitoring and observations of the patient. The patient must have an opportunity to have 
97.29 	direct involvement in the development of the plan. The stabilization plan must:
97.30 	(1) identify medical needs and goals to be achieved while the patient is receiving 
97.31 	services;
97.32 	(2) specify stabilization services to address the identified medical needs and goals, 
97.33 	including amount and frequency of services;
97.34 	(3) specify the participation of others in the stabilization planning process and 
97.35 	specific services where appropriated; and 
98.1 	(4) document the patient's participation in developing the content of the stabilization 
98.2 	plan and any updates.
98.3 		Subd. 2.Progress notes. Progress notes must be entered in the patient's file at least 
98.4 	daily and immediately following any significant event, including any change that impacts 
98.5 	the medical, behavioral, or legal status of the patient. Progress notes must:
98.6 	(1) include documentation of the patient's involvement in the stabilization services, 
98.7 	including the type and amount of each stabilization service;
98.8 	(2) include the monitoring and observations of the patient's medical needs;
98.9 	(3) include documentation of referrals made to other services or agencies;
98.10 	(4) specify the participation of others; and
98.11 	(5) be legible, signed, and dated by the staff person completing the documentation.
98.12 		Subd. 3.Discharge plan. Before a patient leaves the facility, the license holder 
98.13 	must conduct discharge planning for the patient, document discharge planning in the 
98.14 	patient's record, and provide the patient with a copy of the discharge plan. The discharge 
98.15 	plan must include:
98.16 	(1) referrals made to other services or agencies at the time of transition;
98.17 	(2) the patient's plan for follow-up, aftercare, or other poststabilization services;
98.18 	(3) documentation of the patient's participation in the development of the transition 
98.19 	plan;
98.20 	(4) any service that will continue after discharge under the direction of the license 
98.21 	holder; and
98.22 	(5) a stabilization summary and final evaluation of the patient's progress toward 
98.23 	treatment objectives.

98.24 	Sec. 8. [245F.08] STABILIZATION SERVICES.
98.25 		Subdivision 1.General. The license holder must encourage patients to remain in 
98.26 	care for an appropriate duration as determined by the patient's stabilization plan, and must 
98.27 	encourage all patients to enter programs for ongoing recovery as clinically indicated. In 
98.28 	addition, the license holder must offer services that are patient-centered, trauma-informed, 
98.29 	and culturally appropriate. Culturally appropriate services must include translation services 
98.30 	and dietary services that meet a patient's dietary needs. All services provided to the patient 
98.31 	must be documented in the patient's medical record. The following services must be 
98.32 	offered unless clinically inappropriate and the justifying clinical rational is documented:
98.33 	(1) individual or group motivational counseling sessions;
98.34 	(2) individual advocacy and case management services;
98.35 	(3) medical services as required in section 245F.12;
99.1 	(4) care coordination provided according to subdivision 2;
99.2 	(5) peer recovery support services provided according to subdivision 3;
99.3 	(6) patient education provided according to subdivision 4; and
99.4 	(7) referrals to mutual aid, self-help, and support groups.
99.5 		Subd. 2.Care coordination. Care coordination services must be initiated for each 
99.6 	patient upon admission. The license holder must identify the staff person responsible for 
99.7 	the provision of each service. Care coordination services must include:
99.8 	(1) coordination with significant others to assist in the stabilization planning process 
99.9 	whenever possible;
99.10 	(2) coordination with and follow-up to appropriate medical services as identified by 
99.11 	the nurse or licensed practitioner;
99.12 	(3) referral to substance use disorder services as indicated by the comprehensive 
99.13 	assessment;
99.14 	(4) referral to mental health services as identified in the comprehensive assessment;
99.15 	(5) referrals to economic assistance, social services, and prenatal care in accordance 
99.16 	with the patient's needs;
99.17 	(6) review and approval of the transition plan prior to discharge, except in an 
99.18 	emergency, by a staff member able to provide direct patient contact;
99.19 	(7) documentation of the provision of care coordination services in the patient's 
99.20 	file; and
99.21 	(8) addressing cultural and socioeconomic factors affecting the patient's access to 
99.22 	services.
99.23 		Subd. 3.Peer recovery support services. (a) Peers in recovery serve as mentors or 
99.24 	recovery-support partners for individuals in recovery, and may provide encouragement, 
99.25 	self-disclosure of recovery experiences, transportation to appointments, assistance with 
99.26 	finding resources that will help locate housing, job search resources, and assistance finding 
99.27 	and participating in support groups.
99.28 	(b) Peer recovery support services are provided by a recovery peer and must be 
99.29 	supervised by the responsible staff person.
99.30 		Subd. 4.Patient education. A license holder must provide education to each 
99.31 	patient on the following:
99.32 	(1) substance use disorder, including the effects of alcohol and other drugs, specific 
99.33 	information about the effects of substance use on unborn children, and the signs and 
99.34 	symptoms of fetal alcohol spectrum disorders;
99.35 	(2) tuberculosis and reporting known cases of tuberculosis disease to health care 
99.36 	authorities according to section 144.4804;
100.1 	(3) Hepatitis C treatment and prevention;
100.2 	(4) HIV as required in section 245A.19, paragraphs (b) and (c);
100.3 	(5) nicotine cessation options, if applicable;
100.4 	(6) opioid tolerance and overdose risks, if applicable; and
100.5 	(7) long-term withdrawal issues related to use of barbiturates and benzodiazepines, 
100.6 	if applicable.
100.7 		Subd. 5.Mutual aid, self-help, and support groups. The license holder must 
100.8 	refer patients to mutual aid, self-help, and support groups when clinically indicated and 
100.9 	to the extent available in the community.

100.10 	Sec. 9. [245F.09] PROTECTIVE PROCEDURES.
100.11 		Subdivision 1.Use of protective procedures. (a) Programs must incorporate 
100.12 	person-centered planning and trauma-informed care into its protective procedure policies. 
100.13 	Protective procedures may be used only in cases where a less restrictive alternative will 
100.14 	not protect the patient or others from harm and when the patient is in imminent danger 
100.15 	of harming self or others. When a program uses a protective procedure, the program 
100.16 	must continuously observe the patient until the patient may safely be left for 15-minute 
100.17 	intervals. Use of the procedure must end when the patient is no longer in imminent danger 
100.18 	of harming self or others.
100.19 	(b) Protective procedures may not be used:
100.20 	(1) for disciplinary purposes;
100.21 	(2) to enforce program rules;
100.22 	(3) for the convenience of staff;
100.23 	(4) as a part of any patient's health monitoring plan; or
100.24 	(5) for any reason except in response to specific, current behaviors which create an 
100.25 	imminent danger of harm to the patient or others.
100.26 		Subd. 2.Protective procedures plan. A license holder must have a written policy 
100.27 	and procedure that establishes the protective procedures that program staff must follow 
100.28 	when a patient is in imminent danger of harming self or others. The policy must be 
100.29 	appropriate to the type of facility and the level of staff training. The protective procedures 
100.30 	policy must include:
100.31 	(1) an approval signed and dated by the program director and medical director prior 
100.32 	to implementation. Any changes to the policy must also be approved, signed, and dated by 
100.33 	the current program director and the medical director prior to implementation;
100.34 	(2) which protective procedures the license holder will use to prevent patients from 
100.35 	imminent danger of harming self or others;
101.1 	(3) the emergency conditions under which the protective procedures are permitted 
101.2 	to be used, if any;
101.3 	(4) the patient's health conditions that limit the specific procedures that may be used 
101.4 	and alternative means of ensuring safety;
101.5 	(5) emergency resources the program staff must contact when a patient's behavior 
101.6 	cannot be controlled by the procedures established in the policy;
101.7 	(6) the training that staff must have before using any protective procedure;
101.8 	(7) documentation of approved therapeutic holds;
101.9 	(8) the use of law enforcement personnel as described in subdivision 4;
101.10 	(9) standards governing emergency use of seclusion. Seclusion must be used only 
101.11 	when less restrictive measures are ineffective or not feasible. The standards in items (i) to 
101.12 	(vii) must be met when seclusion is used with a patient:
101.13 	(i) seclusion must be employed solely for the purpose of preventing a patient from 
101.14 	imminent danger of harming self or others;
101.15 	(ii) seclusion rooms must be equipped in a manner that prevents patients from 
101.16 	self-harm using projections, windows, electrical fixtures, or hard objects, and must allow 
101.17 	the patient to be readily observed without being interrupted;
101.18 	(iii) seclusion must be authorized by the program director, a licensed physician, or 
101.19 	a registered nurse. If one of these individuals is not present in the facility, the program 
101.20 	director or a licensed physician or registered nurse must be contacted and authorization 
101.21 	must be obtained within 30 minutes of initiating seclusion, according to written policies;
101.22 	(iv) patients must not be placed in seclusion for more than 12 hours at any one time;
101.23 	(v) once the condition of a patient in seclusion has been determined to be safe 
101.24 	enough to end continuous observation, a patient in seclusion must be observed at a 
101.25 	minimum of every 15 minutes for the duration of seclusion and must always be within 
101.26 	hearing range of program staff;
101.27 	(vi) a process for program staff to use to remove a patient to other resources available 
101.28 	to the facility if seclusion does not sufficiently assure patient safety; and
101.29 	(vii) a seclusion area may be used for other purposes, such as intensive observation, if 
101.30 	the room meets normal standards of care for the purpose and if the room is not locked; and
101.31 	(10) physical holds may only be used when less restrictive measures are not feasible. 
101.32 	The standards in items (i) to (iv) must be met when physical holds are used with a patient:
101.33 	(i) physical holds must be employed solely for preventing a patient from imminent 
101.34 	danger of harming self or others;
101.35 	(ii) physical holds must be authorized by the program director, a licensed physician, 
101.36 	or a registered nurse. If one of these individuals is not present in the facility, the program 
102.1 	director or a licensed physician or a registered nurse must be contacted and authorization 
102.2 	must be obtained within 30 minutes of initiating a physical hold, according to written 
102.3 	policies;
102.4 	(iii) the patient's health concerns must be considered in deciding whether to use 
102.5 	physical holds and which holds are appropriate for the patient; and
102.6 	(iv) only approved holds may be utilized. Prone holds are not allowed and must 
102.7 	not be authorized.
102.8 		Subd. 3.Records. Each use of a protective procedure must be documented in the 
102.9 	patient record. The patient record must include:
102.10 	(1) a description of specific patient behavior precipitating a decision to use a 
102.11 	protective procedure, including date, time, and program staff present;
102.12 	(2) the specific means used to limit the patient's behavior;
102.13 	(3) the time the protective procedure began, the time the protective procedure ended, 
102.14 	and the time of each staff observation of the patient during the procedure;
102.15 	(4) the names of the program staff authorizing the use of the protective procedure, 
102.16 	the time of the authorization, and the program staff directly involved in the protective 
102.17 	procedure and the observation process;
102.18 	(5) a brief description of the purpose for using the protective procedure, including 
102.19 	less restrictive interventions used prior to the decision to use the protective procedure 
102.20 	and a description of the behavioral results obtained through the use of the procedure. If 
102.21 	a less restrictive intervention was not used, the reasons for not using a less restrictive 
102.22 	intervention must be documented;
102.23 	(6) documentation by the responsible staff person on duty of reassessment of the 
102.24 	patient at least every 15 minutes to determine if seclusion or the physical hold can be 
102.25 	terminated;
102.26 	(7) a description of the physical holds used in escorting a patient; and
102.27 	(8) any injury to the patient that occurred during the use of a protective procedure.
102.28 		Subd. 4.Use of law enforcement. The program must maintain a central log 
102.29 	documenting each incident involving use of law enforcement, including:
102.30 	(1) the date and time law enforcement arrived at and left the program;
102.31 	(2) the reason for the use of law enforcement;
102.32 	(3) if law enforcement used force or a protective procedure and which protective 
102.33 	procedure was used; and
102.34 	(4) whether any injuries occurred.
102.35 		Subd. 5.Administrative review. (a) The license holder must keep a record of all 
102.36 	patient incidents and protective procedures used.  An administrative review of each use 
103.1 	of protective procedures must be completed within 72 hours by someone other than the 
103.2 	person who used the protective procedure. The record of the administrative review of the 
103.3 	use of protective procedures must state whether:
103.4 	(1) the required documentation was recorded for each use of a protective procedure;
103.5 	(2) the protective procedure was used according to the policy and procedures;
103.6 	(3) the staff who implemented the protective procedure was properly trained; and
103.7 	(4) the behavior met the standards for imminent danger of harming self or others.
103.8 	(b) The license holder must conduct and document a quarterly review of the use of 
103.9 	protective procedures with the goal of reducing the use of protective procedures. The 
103.10 	review must include:
103.11 	(1) any patterns or problems indicated by similarities in the time of day, day of the 
103.12 	week, duration of the use of a protective procedure, individuals involved, or other factors 
103.13 	associated with the use of protective procedures;
103.14 	(2) any injuries resulting from the use of protective procedures;
103.15 	(3) whether law enforcement was involved in the use of a protective procedure;
103.16 	(4) actions needed to correct deficiencies in the program's implementation of 
103.17 	protective procedures;
103.18 	(5) an assessment of opportunities missed to avoid the use of protective procedures; 
103.19 	and
103.20 	(6) proposed actions to be taken to minimize the use of protective procedures.

103.21 	Sec. 10. [245F.10] PATIENT RIGHTS AND GRIEVANCE PROCEDURES.
103.22 		Subdivision 1.Patient rights. Patients have the rights in sections 144.651, 
103.23 	148F.165, and 253B.03, as applicable. The license holder must give each patient, upon 
103.24 	admission, a written statement of patient rights. Program staff must review the statement 
103.25 	with the patient.
103.26 		Subd. 2.Grievance procedure. Upon admission, the license holder must explain 
103.27 	the grievance procedure to the patient or patient's representative and give the patient a 
103.28 	written copy of the procedure. The grievance procedure must be posted in a place visible 
103.29 	to the patient and must be made available to current and former patients upon request. A 
103.30 	license holder's written grievance procedure must include:
103.31 	(1) staff assistance in developing and processing the grievance;
103.32 	(2) an initial response to the patient who filed the grievance within 24 hours of the 
103.33 	program's receipt of the grievance, and timelines for additional steps to be taken to resolve 
103.34 	the grievance, including access to the person with the highest level of authority in the 
103.35 	program if the grievance cannot be resolved by other staff members; and
104.1 	(3) the addresses and telephone numbers of the Department of Human Services 
104.2 	Licensing Division, Department of Health Office of Health Facilities Complaints, Board 
104.3 	of Behavioral Health and Therapy, Board of Medical Practice, Board of Nursing, and 
104.4 	Office of the Ombudsman for Mental Health and Developmental Disabilities.

104.5 	Sec. 11. [245F.11] PATIENT PROPERTY MANAGEMENT.
104.6 	A license holder must meet the requirements for handling patient funds and property 
104.7 	in section 245A.04, subdivision 14, except:
104.8 	(1) a license holder must establish policies regarding the use of personal property to 
104.9 	assure that program activities and the rights of other patients are not infringed, and may 
104.10 	take temporary custody of personal property if these policies are violated;
104.11 	(2) a license holder must retain the patient's property for a minimum of seven days 
104.12 	after discharge if the patient does not reclaim the property after discharge; and
104.13 	(3) the license holder must return to the patient all of the patient's property held in 
104.14 	trust at discharge, regardless of discharge status, except that:
104.15 	(i) drugs, drug paraphernalia, and drug containers that are subject to forfeiture under 
104.16 	section 609.5316 must be given over to the custody of a local law enforcement agency or, 
104.17 	if giving the property over to the custody of a local law enforcement agency would violate 
104.18 	Code of Federal Regulations, title 42, sections 2.1 to 2.67, and title 45, parts 160 to 164, 
104.19 	destroyed by a staff person designated by the program director; and
104.20 	(ii) weapons, explosives, and other property that may cause serious harm to self 
104.21 	or others must be transferred to a local law enforcement agency. The patient must be 
104.22 	notified of the transfer and the right to reclaim the property if the patient has a legal right 
104.23 	to possess the item.

104.24 	Sec. 12. [245F.12] MEDICAL SERVICES.
104.25 		Subdivision 1.Services provided at all programs. Withdrawal management 
104.26 	programs must have:
104.27 	(1) a standardized data collection tool for collecting health-related information about 
104.28 	each patient. The data collection tool must be developed in collaboration with a registered 
104.29 	nurse and approved and signed by the medical director; and
104.30 	(2) written procedures for a nurse to assess and monitor patient health within the 
104.31 	nurse's scope of practice. The procedures must:
104.32 	(i) be approved by the medical director;
105.1 	(ii) include a follow-up screening conducted between four and 12 hours after service 
105.2 	initiation to collect information relating to acute intoxication, other health complaints, and 
105.3 	behavioral risk factors that the patient may not have communicated at service initiation;
105.4 	(iii) specify the physical signs and symptoms that, when present, require consultation 
105.5 	with a registered nurse or a physician and that require transfer to an acute care facility or 
105.6 	a higher level of care than that provided by the program;
105.7 	(iv) specify those staff members responsible for monitoring patient health and 
105.8 	provide for hourly observation and for more frequent observation if the initial health 
105.9 	assessment or follow-up screening indicates a need for intensive physical or behavioral 
105.10 	health monitoring; and
105.11 	(v) specify the actions to be taken to address specific complicating conditions, 
105.12 	including pregnancy or the presence of physical signs or symptoms of any other medical 
105.13 	condition.
105.14 		Subd. 2.Services provided at clinically managed programs. In addition to the 
105.15 	services listed in subdivision 1, clinically managed programs must:
105.16 	(1) have a licensed practical nurse on site 24 hours a day and a medical director;
105.17 	(2) provide an initial health assessment conducted by a nurse upon admission;
105.18 	(3) provide daily on-site medical evaluation and consultation with a registered 
105.19 	nurse and have a registered nurse available by telephone or in person for consultation 
105.20 	24 hours a day;
105.21 	(4) have a qualified medical professionalavailable by telephone or in person for 
105.22 	consultation 24 hours a day; and
105.23 	(5) have appropriately licensed staff available to administer medications according 
105.24 	to prescriber-approved orders.
105.25 		Subd. 3.Services provided at medically monitored programs. In addition to the 
105.26 	services listed in subdivision 1, medically monitored programs must have a registered 
105.27 	nurse on site 24 hours a day and a medical director. Medically monitored programs must 
105.28 	provide intensive inpatient withdrawal management services which must include:
105.29 	(1) an initial health assessment conducted by a registered nurse upon admission;
105.30 	(2) the availability of a medical evaluation and consultation with a registered nurse 
105.31 	24 hours a day;
105.32 	(3) the availabilityof a qualified medical professional by telephone or in person 
105.33 	for consultation 24 hours a day;
105.34 	(4) the ability to be seen within 24 hours or sooner by a qualified medical 
105.35 	professional if the initial health assessment indicates the need to be seen;
106.1 	(5) the availability of on-site monitoring of patient care seven days a week by a 
106.2 	qualified medical professional; and
106.3 	(6) appropriately licensed staff available to administer medications according to 
106.4 	prescriber-approved orders.

106.5 	Sec. 13. [245F.13] MEDICATIONS.
106.6 		Subdivision 1.Administration of medications.  A license holder must employ or 
106.7 	contract with a registered nurse to develop the policies and procedures for medication 
106.8 	administration. A registered nurse must provide supervision as defined in section 148.171, 
106.9 	subdivision 23, for the administration of medications. For clinically managed programs, 
106.10 	the registered nurse supervision must include on-site supervision at least monthly or more 
106.11 	often as warranted by the health needs of the patient. The medication administration 
106.12 	policies and procedures must include:
106.13 	(1) a provision that patients may carry emergency medication such as nitroglycerin 
106.14 	as instructed by their  prescriber;
106.15 	(2) requirements for recording the patient's use of medication, including staff 
106.16 	signatures with date and time;
106.17 	(3) guidelines regarding when to inform a licensed practitioner or a registered nurse 
106.18 	of problems with medication administration, including failure to administer, patient 
106.19 	refusal of a medication, adverse reactions, or errors; and
106.20 	(4) procedures for acceptance, documentation, and implementation of prescriptions, 
106.21 	whether written, oral, telephonic, or electronic.
106.22 		Subd. 2.Control of drugs. A license holder must have in place and implement 
106.23 	written policies and procedures relating to control of drugs. The policies and procedures 
106.24 	must be developed by a registered nurse and must contain the following provisions:
106.25 	(1) a requirement that all drugs must be stored in a locked compartment. Schedule II 
106.26 	drugs, as defined in section 152.02, subdivision 3, must be stored in a separately locked 
106.27 	compartment that is permanently affixed to the physical plant or a medication cart;
106.28 	(2) a system for accounting for all scheduled drugs each shift;
106.29 	(3) a procedure for recording a patient's use of medication, including staff signatures 
106.30 	with time and date;
106.31 	(4) a procedure for destruction of discontinued, outdated, or deteriorated medications;
106.32 	(5) a statement that only authorized personnel are permitted to have access to the 
106.33 	keys to the locked drug compartments; and
106.34 	(6) a statement that no legend drug supply for one patient may be given to another 
106.35 	patient.

107.1 	Sec. 14. [245F.14] STAFFING REQUIREMENTS AND DUTIES.
107.2 		Subdivision 1.Program director. A license holder must employ or contract with a 
107.3 	person, on a full-time basis, to serve as program director. The program director must be 
107.4 	responsible for all aspects of the facility and the services delivered to the license holder's 
107.5 	patients. An individual may serve as program director for more than one program owned 
107.6 	by the same license holder.
107.7 		Subd. 2.Responsible staff person. During all hours of operation, a license holder 
107.8 	must designate a staff member as the responsible staff person to be present and awake 
107.9 	in the facility and be responsible for the program. The responsible staff person must 
107.10 	have decision-making authority over the day-to-day operation of the program as well 
107.11 	as the authority to direct the activity of or terminate the shift of any staff member who 
107.12 	has direct patient contact.
107.13 		Subd. 3.Technician required. A license holder must have one technician awake 
107.14 	and on duty at all times for every ten patients in the program. A license holder may assign 
107.15 	technicians according to the need for care of the patients, except that the same technician 
107.16 	must not be responsible for more than 15 patients at one time. For purposes of establishing 
107.17 	this ratio, all staff whose qualifications meet or exceed those for technicians under section 
107.18 	245F.15, subdivision 6, and who are performing the duties of a technician may be counted 
107.19 	as technicians. The same individual may not be counted as both a technician and an 
107.20 	alcohol and drug counselor.
107.21 		Subd. 4.Registered nurse required. A license holder must employ or contract 
107.22 	with a registered nurse, who must be available 24 hours a day by telephone or in person 
107.23 	for consultation. The registered nurse is responsible for:
107.24 	(1) establishing and implementing procedures for the provision of nursing care and 
107.25 	delegated medical care, including:
107.26 	(i) a health monitoring plan;
107.27 	(ii) a medication control plan;
107.28 	(iii) training and competency evaluations for staff performing delegated medical and 
107.29 	nursing functions;
107.30 	(iv) handling serious illness, accident, or injury to patients;
107.31 	(v) an infection control program; and
107.32 	(vi) a first aid kit;
107.33 	(2) delegating nursing functions to other staff consistent with their education, 
107.34 	competence, and legal authorization;
107.35 	(3) assigning, supervising, and evaluating the performance of nursing tasks; and
108.1 	(4) implementing condition-specific protocols in compliance with section 151.37, 
108.2 	subdivision 2.
108.3 		Subd. 5.Medical director required. A license holder must have a medical director 
108.4 	available for medical supervision. The medical director is responsible for ensuring the 
108.5 	accurate and safe provision of all health-related services and procedures. A license 
108.6 	holder must obtain and document the medical director's annual approval of the following 
108.7 	procedures before the procedures may be used:
108.8 	(1) admission, discharge, and transfer criteria and procedures;
108.9 	(2) a health services plan;
108.10 	(3) physical indicators for a referral to a physician, registered nurse, or hospital, and 
108.11 	procedures for referral;
108.12 	(4) procedures to follow in case of accident, injury, or death of a patient;
108.13 	(5) formulation of condition-specific protocols regarding the medications that 
108.14 	require a withdrawal regimen that will be administered to patients;
108.15 	(6) an infection control program;
108.16 	(7) protective procedures; and
108.17 	(8) a medication control plan.
108.18 		Subd. 6.Alcohol and drug counselor. A withdrawal management program must 
108.19 	provide one full-time equivalent alcohol and drug counselor for every 16 patients served 
108.20 	by the program.
108.21 		Subd. 7.Ensuring staff-to-patient ratio. The responsible staff person under 
108.22 	subdivision 2 must ensure that the program does not exceed the staff-to-patient ratios in 
108.23 	subdivisions 3 and 6 and must inform admitting staff of the current staffed capacity of 
108.24 	the program for that shift. A license holder must have a written policy for documenting 
108.25 	staff-to-patient ratios for each shift and actions to take when staffed capacity is reached.

108.26 	Sec. 15. [245F.15] STAFF QUALIFICATIONS.
108.27 		Subdivision 1.Qualifications for all staff who have direct patient contact. (a) All 
108.28 	staff who have direct patient contact must be at least 18 years of age and must, at the time 
108.29 	of hiring, document that they meet the requirements in paragraph (b), (c), or (d).
108.30 	(b) Program directors, supervisors, nurses, and alcohol and drug counselors must be 
108.31 	free of substance use problems for at least two years immediately preceding their hiring 
108.32 	and must sign a statement attesting to that fact.
108.33 	(c) Recovery peers must be free of substance use problems for at least one year 
108.34 	immediately preceding their hiring and must sign a statement attesting to that fact.
109.1 	(d) Technicians and other support staff must be free of substance use problems 
109.2 	for at least six months immediately preceding their hiring and must sign a statement 
109.3 	attesting to that fact.  
109.4 		Subd. 2.Continuing employment; no substance use problems. License holders 
109.5 	must require staff to be free from substance use problems as a condition of continuing 
109.6 	employment. Staff are not required to sign statements attesting to their freedom from 
109.7 	substance use problems after the initial statement required by subdivision 1. Staff with 
109.8 	substance use problems must be immediately removed from any responsibilities that 
109.9 	include direct patient contact.
109.10 		Subd. 3.Program director qualifications. A program director must:
109.11 	(1) have at least one year of work experience in direct service to individuals 
109.12 	with substance use disorders or one year of work experience in the management or 
109.13 	administration of direct service to individuals with substance use disorders;
109.14 	(2) have a baccalaureate degree or three years of work experience in administration 
109.15 	or personnel supervision in human services; and
109.16 	(3) know and understand the requirements of this chapter and chapters 245A and 
109.17 	245C, and sections 253B.04, 253B.05, 626.556, 626.557, and 626.5572.
109.18 		Subd. 4.Alcohol and drug counselor qualifications. An alcohol and drug 
109.19 	counselor must meet the requirements in Minnesota Rules, part 9530.6450, subpart 5.
109.20 		Subd. 5.Responsible staff person qualifications. Each responsible staff person 
109.21 	must know and understand the requirements of this chapter and sections 245A.65, 
109.22 	253B.04, 253B.05, 626.556, 626.557, and 626.5572. In a clinically managed program, the 
109.23 	responsible staff person must be a licensed practiced nurse employed by or under contract 
109.24 	with the license holder. In a medically monitored program, the responsible staff person 
109.25 	must be a registered nurse, program director, or physician.
109.26 		Subd. 6.Technician qualifications.  A technician employed by a program must 
109.27 	demonstrate competency, prior to direct patient contact, in the following areas:
109.28 	(1) knowledge of the client bill of rights in section 148F.165, and staff responsibilities 
109.29 	in sections 144.651 and 253B.03;
109.30 	(2) knowledge of and the ability to perform basic health screening procedures with 
109.31 	intoxicated patients that consist of:
109.32 	(i) blood pressure, pulse, temperature, and respiration readings;
109.33 	(ii) interviewing to obtain relevant medical history and current health complaints; and
109.34 	(iii) visual observation of a patient's health status, including monitoring a patient's 
109.35 	behavior as it relates to health status;
110.1 	(3) a current first aid certificate from the American Red Cross or an equivalent 
110.2 	organization; a current cardiopulmonary resuscitation certificate from the American Red 
110.3 	Cross, the American Heart Association, a community organization, or an equivalent 
110.4 	organization; and knowledge of first aid for seizures, trauma, and loss of consciousness; and
110.5 	(4) knowledge of and ability to perform basic activities of daily living and personal 
110.6 	hygiene.
110.7 		Subd. 7.Recovering peer qualifications. Recovery peers must:
110.8 	(1) be at least 21 years of age and have a high school diploma or its equivalent;
110.9 	(2) have a minimum of one year in recovery from substance use disorder;
110.10 	(3) have completed a curriculum designated by the commissioner that teaches 
110.11 	specific skills and training in the domains of ethics and boundaries, advocacy, mentoring 
110.12 	and education, and recovery and wellness support; and
110.13 	(4) receive supervision in areas specific to the domains of their role by qualified 
110.14 	supervisory staff.
110.15 		Subd. 8.Personal relationships. A license holder must have a written policy 
110.16 	addressing personal relationships between patients and staff who have direct patient 
110.17 	contact. The policy must:
110.18 	(1) prohibit direct patient contact between a patient and a staff member if the staff 
110.19 	member has had a personal relationship with the patient within two years prior to the 
110.20 	patient's admission to the program;
110.21 	(2) prohibit access to a patient's clinical records by a staff member who has had a 
110.22 	personal relationship with the patient within two years prior to the patient's admission, 
110.23 	unless the patient consents in writing; and
110.24 	(3) prohibit a clinical relationship between a staff member and a patient if the staff 
110.25 	member has had a personal relationship with the patient within two years prior to the 
110.26 	patient's admission. If a personal relationship exists, the staff member must report the 
110.27 	relationship to the staff member's supervisor and recuse the staff member from a clinical 
110.28 	relationship with that patient.

110.29 	Sec. 16. [245F.16] PERSONNEL POLICIES AND PROCEDURES.
110.30 		Subdivision 1.Policy requirements. A license holder must have written personnel 
110.31 	policies and must make them available to staff members at all times. The personnel 
110.32 	policies must:
110.33 	(1) ensure that staff member's retention, promotion, job assignment, or pay are not 
110.34 	affected by a good faith communication between the staff member and the Department 
110.35 	of Human Services, Department of Health, Ombudsman for Mental Health and 
111.1 	Developmental Disabilities, law enforcement, or local agencies that investigate complaints 
111.2 	regarding patient rights, health, or safety;
111.3 	(2) include a job description for each position that specifies job responsibilities, 
111.4 	degree of authority to execute job responsibilities, standards of job performance related to 
111.5 	specified job responsibilities, and qualifications;
111.6 	(3) provide for written job performance evaluations for staff members of the license 
111.7 	holder at least annually;
111.8 	(4) describe behavior that constitutes grounds for disciplinary action, suspension, or 
111.9 	dismissal, including policies that address substance use problems and meet the requirements 
111.10 	of section 245F.15, subdivisions 1 and 2. The policies and procedures must list behaviors 
111.11 	or incidents that are considered substance use problems. The list must include:
111.12 	(i) receiving treatment for substance use disorder within the period specified for the 
111.13 	position in the staff qualification requirements;
111.14 	(ii) substance use that has a negative impact on the staff member's job performance;
111.15 	(iii) substance use that affects the credibility of treatment services with patients, 
111.16 	referral sources, or other members of the community; and
111.17 	(iv) symptoms of intoxication or withdrawal on the job;
111.18 	(5) include policies prohibiting personal involvement with patients and policies 
111.19 	prohibiting patient maltreatment as specified under chapter 604 and sections 245A.65, 
111.20 	626.556, 626.557, and 626.5572;
111.21 	(6) include a chart or description of organizational structure indicating the lines 
111.22 	of authority and responsibilities;
111.23 	(7) include a written plan for new staff member orientation that, at a minimum, 
111.24 	includes training related to the specific job functions for which the staff member was hired, 
111.25 	program policies and procedures, patient needs, and the areas identified in subdivision 2, 
111.26 	paragraphs (b) to (e); and
111.27 	(8) include a policy on the confidentiality of patient information.
111.28 		Subd. 2.Staff development. (a) A license holder must ensure that each staff 
111.29 	member receives orientation training before providing direct patient care and at least 
111.30 	30 hours of continuing education every two years.  A written record must be kept to 
111.31 	demonstrate completion of training requirements.
111.32 	(b) Within 72 hours of beginning employment, all staff having direct patient contact 
111.33 	must be provided orientation on the following:
111.34 	(1) specific license holder and staff responsibilities for patient confidentiality;
111.35 	(2) standards governing the use of protective procedures;
112.1 	(3) patient ethical boundaries and patient rights, including the rights of patients 
112.2 	admitted under chapter 253B;
112.3 	(4) infection control procedures;
112.4 	(5) mandatory reporting under sections 245A.65, 626.556, and 626.557, including 
112.5 	specific training covering the facility's policies concerning obtaining patient releases 
112.6 	of information;
112.7 	(6) HIV minimum standards as required in section 245A.19;
112.8 	(7) motivational counseling techniques and identifying stages of change; and
112.9 	(8) eight hours of training on the program's protective procedures policy required in 
112.10 	section 245F.09, including:
112.11 	(i) approved therapeutic holds;
112.12 	(ii) protective procedures used to prevent patients from imminent danger of harming 
112.13 	self or others;
112.14 	(iii) the emergency conditions under which the protective procedures may be used, if 
112.15 	any;
112.16 	(iv) documentation standards for using protective procedures;
112.17 	(v) how to monitor and respond to patient distress; and
112.18 	(vi) person-centered planning and trauma-informed care.
112.19 	(c) All staff having direct patient contact must be provided annual training on the 
112.20 	following:
112.21 	(1) infection control procedures;
112.22 	(2) mandatory reporting under sections 245A.65, 626.556, and 626.557, including 
112.23 	specific training covering the facility's policies concerning obtaining patient releases 
112.24 	of information;
112.25 	(3) HIV minimum standards as required in section 245A.19; and
112.26 	(4) motivational counseling techniques and identifying stages of change.
112.27 	(d) All staff having direct patient contact must be provided training every two 
112.28 	years on the following:
112.29 	(1) specific license holder and staff responsibilities for patient confidentiality;
112.30 	(2) standards governing use of protective procedures, including:
112.31 	(i) approved therapeutic holds;
112.32 	(ii) protective procedures used to prevent patients from imminent danger of harming 
112.33 	self or others;
112.34 	(iii) the emergency conditions under which the protective procedures may be used, if 
112.35 	any;
112.36 	(iv) documentation standards for using protective procedures;
113.1 	(v) how to monitor and respond to patient distress; and
113.2 	(vi) person-centered planning and trauma-informed care; and
113.3 	(3) patient ethical boundaries and patient rights, including the rights of patients 
113.4 	admitted under chapter 253B.
113.5 	(e) Continuing education that is completed in areas outside of the required topics 
113.6 	must provide information to the staff person that is useful to the performance of the 
113.7 	individual staff person's duties.

113.8 	Sec. 17. [245F.17] PERSONNEL FILES.
113.9 	A license holder must maintain a separate personnel file for each staff member. At a 
113.10 	minimum, the file must contain:
113.11 	(1) a completed application for employment signed by the staff member that 
113.12 	contains the staff member's qualifications for employment and documentation related to 
113.13 	the applicant's background study data, as defined in chapter 245C;
113.14 	(2) documentation of the staff member's current professional license or registration, 
113.15 	if relevant;
113.16 	(3) documentation of orientation and subsequent training;
113.17 	(4) documentation of a statement of freedom from substance use problems; and
113.18 	(5) an annual job performance evaluation.

113.19 	Sec. 18. [245F.18] POLICY AND PROCEDURES MANUAL.
113.20 	A license holder must develop a written policy and procedures manual that is 
113.21 	alphabetically indexed and has a table of contents, so that staff have immediate access 
113.22 	to all policies and procedures, and that consumers of the services, and other authorized 
113.23 	parties have access to all policies and procedures. The manual must contain the following 
113.24 	materials:
113.25 	(1) a description of patient education services as required in section 245F.06;
113.26 	(2) personnel policies that comply with section 245F.16;
113.27 	(3) admission information and referral and discharge policies that comply with 
113.28 	section 245F.05;
113.29 	(4) a health monitoring plan that complies with section 245F.12;
113.30 	(5) a protective procedures policy that complies with section 245F.09, if the program 
113.31 	elects to use protective procedures;
113.32 	(6) policies and procedures for assuring appropriate patient-to-staff ratios that 
113.33 	comply with section 245F.14;
114.1 	(7) policies and procedures for assessing and documenting the susceptibility for 
114.2 	risk of abuse to the patient as the basis for the individual abuse prevention plan required 
114.3 	by section 245A.65;
114.4 	(8) procedures for mandatory reporting as required by sections 245A.65, 626.556, 
114.5 	and 626.557;
114.6 	(9) a medication control plan that complies with section 245F.13; and
114.7 	(10) policies and procedures regarding HIV that meet the minimum standards 
114.8 	under section 245A.19.

114.9 	Sec. 19. [245F.19] PATIENT RECORDS.
114.10 		Subdivision 1.Patient records required. A license holder must maintain a file of 
114.11 	current patient records on the program premises where the treatment is provided. Each 
114.12 	entry in each patient record must be signed and dated by the staff member making the 
114.13 	entry. Patient records must be protected against loss, tampering, or unauthorized disclosure 
114.14 	in compliance with chapter 13 and section 254A.09; Code of Federal Regulations, title 42, 
114.15 	sections 2.1 to 2.67; and title 45, parts 160 to 164.
114.16 		Subd. 2.Records retention. A license holder must retain and store records as 
114.17 	required by section 245A.041, subdivisions 3 and 4.
114.18 		Subd. 3.Contents of records. Patient records must include the following:
114.19 	(1) documentation of the patient's presenting problem, any substance use screening, 
114.20 	the most recent assessment, and any updates;
114.21 	(2) a stabilization plan and progress notes as required by section 245F.07, 
114.22 	subdivisions 1 and 2;
114.23 	(3) a discharge summary as required by section 245F.07, subdivision 3;
114.24 	(4) an individual abuse prevention plan that complies with section 245A.65, and 
114.25 	related rules;
114.26 	(5) documentation of referrals made; and
114.27 	(6) documentation of the monitoring and observations of the patient's medical needs.

114.28 	Sec. 20. [245F.20] DATA COLLECTION REQUIRED.
114.29 	The license holder must participate in the drug and alcohol abuse normative 
114.30 	evaluation system (DAANES) by submitting, in a format provided by the commissioner, 
114.31 	information concerning each patient admitted to the program. Staff submitting data must 
114.32 	be trained by the license holder with the DAANES Web manual.

114.33 	Sec. 21. [245F.21] PAYMENT METHODOLOGY.
115.1 	The commissioner shall develop a payment methodology for services provided 
115.2 	under this chapter or by an Indian Health Services facility or a facility owned and operated 
115.3 	by a tribe or tribal organization operating under Public Law 93-638 as a 638 facility. The 
115.4 	commissioner shall seek federal approval for the methodology. Upon federal approval, the 
115.5 	commissioner must seek and obtain legislative approval of the funding methodology to 
115.6 	support the service.

115.7 	ARTICLE 4
115.8 	DIRECT CARE AND TREATMENT

115.9 	Section 1. Minnesota Statutes 2014, section 246.54, subdivision 1, is amended to read:
115.10 		Subdivision 1.County portion for cost of care. (a) Except for chemical 
115.11 	dependency services provided under sections 254B.01 to 254B.09, the client's county 
115.12 	shall pay to the state of Minnesota a portion of the cost of care provided in a regional 
115.13 	treatment center or a state nursing facility to a client legally settled in that county. A 
115.14 	county's payment shall be made from the county's own sources of revenue and payments 
115.15 	shall equal a percentage of the cost of care, as determined by the commissioner, for each 
115.16 	day, or the portion thereof, that the client spends at a regional treatment center or a state 
115.17 	nursing facility according to the following schedule:
115.18 	(1) zero percent for the first 30 days;
115.19 	(2) 20 percent for days 31 to 60 and over if the stay is determined to be clinically 
115.20 	appropriate for the client; and
115.21 	(3) 75 percent for any days over 60 100 percent for each day during the stay, 
115.22 	including the day of admission, when the facility determines that it is clinically appropriate 
115.23 	for the client to be discharged.
115.24 	(b) The increase in the county portion for cost of care under paragraph (a), clause 
115.25 	(3), shall be imposed when the treatment facility has determined that it is clinically 
115.26 	appropriate for the client to be discharged.
115.27 	(c) (b) If payments received by the state under sections 246.50 to 246.53 exceed 
115.28 	80 percent of the cost of care for days over 31 to 60, or 25 percent for days over 60 for 
115.29 	clients who meet the criteria in paragraph (a), clause (2), the county shall be responsible 
115.30 	for paying the state only the remaining amount. The county shall not be entitled to 
115.31 	reimbursement from the client, the client's estate, or from the client's relatives, except as 
115.32 	provided in section 246.53.

115.33 	Sec. 2. Minnesota Statutes 2014, section 246B.01, subdivision 2b, is amended to read:
116.1 		Subd. 2b.Cost of care. "Cost of care" means the commissioner's charge for housing 
116.2 	and, treatment, aftercare services, and supervision, provided to any person admitted to the 
116.3 	Minnesota sex offender program.
116.4 	For purposes of this subdivision, "charge for housing and, treatment, aftercare
116.5 	services, and supervision" means the cost of services, treatment, maintenance, bonds issued 
116.6 	for capital improvements, depreciation of buildings and equipment, and indirect costs 
116.7 	related to the operation of state facilities. The commissioner may determine the charge for 
116.8 	services on an anticipated average per diem basis as an all-inclusive charge per facility.

116.9 	Sec. 3. [246B.033] BIENNIAL EVALUATIONS OF CIVILLY COMMITTED 
116.10 	SEX OFFENDERS.
116.11 		Subdivision 1.Duty of executive director. The executive director shall ensure that 
116.12 	each civilly committed sex offender, including those on provisional discharge status, is 
116.13 	evaluated in the form of a forensic risk assessment and treatment progress report not less 
116.14 	than once every two years. The purpose of these evaluations is to identify the current 
116.15 	treatment needs, risk of reoffense, and potential for reduction in custody. The executive 
116.16 	director shall ensure that those performing such evaluations are qualified to do so and are 
116.17 	trained on current research and legal standards relating to risk assessment, sex offender 
116.18 	treatment, and reductions in custody.
116.19 		Subd. 2.Assessment and report. A copy of the forensic risk assessment and the 
116.20 	treatment progress report must be provided to the civilly committed sex offender and 
116.21 	the civilly committed sex offender's attorney, along with a copy of a blank petition for 
116.22 	reduction in custody and instructions on completing and filing the petition.
116.23 		Subd. 3.Suspension of duty if individual is in correctional facility. The executive 
116.24 	director may suspend or delay a civilly committed sex offender's evaluation during any 
116.25 	time period that the individual is residing in a correctional facility operated by the state 
116.26 	or federal government until the individual returns to the custody of the Minnesota sex 
116.27 	offender program.
116.28 		Subd. 4.Right to petition. This section must not impair or restrict a civilly 
116.29 	committed sex offender's right to petition for a reduction in custody as provided in chapter 
116.30 	253D. The executive director may adjust the scheduling of an individual's evaluation 
116.31 	under this section to avoid duplication and inefficiency in circumstances where an 
116.32 	individual has within a two-year period already received a risk assessment and treatment 
116.33 	progress report as the result of a petition for reduction in custody.

117.1 	EFFECTIVE DATE. This section is effective July 1, 2015. The executive director 
117.2 	is not required to begin providing civilly committed sex offenders with evaluations until 
117.3 	January 4, 2016.

117.4 	Sec. 4. Minnesota Statutes 2014, section 246B.10, is amended to read:
117.5 	246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
117.6 	The civilly committed sex offender's county shall pay to the state a portion of the 
117.7 	cost of care provided in the Minnesota sex offender program to a civilly committed sex 
117.8 	offender who has legally settled in that county. A county's payment must be made from 
117.9 	the county's own sources of revenue and payments must equal 25 percent of the cost of 
117.10 	care, as determined by the commissioner, for each day or portion of a day, that the civilly 
117.11 	committed sex offender spends at the facility receives services, either within a Minnesota 
117.12 	sex offender program facility or while on provisional discharge. If payments received by 
117.13 	the state under this chapter exceed 75 percent of the cost of care for civilly committed sex 
117.14 	offenders admitted to the program on or after August 1, 2011, the county is responsible 
117.15 	for paying the state the remaining amount. If payments received by the state under this 
117.16 	chapter exceed 90 percent of the cost of care for civilly committed sex offenders admitted 
117.17 	to the program prior to August 1, 2011, the county is responsible for paying the state the 
117.18 	remaining amount. The county is not entitled to reimbursement from the civilly committed 
117.19 	sex offender, the civilly committed sex offender's estate, or from the civilly committed sex 
117.20 	offender's relatives, except as provided in section 246B.07.

117.21 	EFFECTIVE DATE. The amendment to the provision governing county payments 
117.22 	for each day or portion of a day that a civilly committed sex offender receives services 
117.23 	is effective for civilly committed sex offenders provisionally discharged on or after the 
117.24 	day following final enactment.

117.25 	ARTICLE 5
117.26 	OPERATIONS

117.27 	Section 1. Minnesota Statutes 2014, section 144.057, subdivision 1, is amended to read:
117.28 		Subdivision 1.Background studies required. The commissioner of health shall 
117.29 	contract with the commissioner of human services to conduct background studies of:
117.30 	(1) individuals providing services which have direct contact, as defined under 
117.31 	section 245C.02, subdivision 11, with patients and residents in hospitals, boarding care 
117.32 	homes, outpatient surgical centers licensed under sections 144.50 to 144.58; nursing 
117.33 	homes and home care agencies licensed under chapter 144A; residential care homes 
118.1 	licensed under chapter 144B, and board and lodging establishments that are registered to 
118.2 	provide supportive or health supervision services under section 157.17;
118.3 	(2) individuals specified in section 245C.03, subdivision 1, who perform direct 
118.4 	contact services in a nursing home or a home care agency licensed under chapter 144A 
118.5 	or a boarding care home licensed under sections 144.50 to 144.58, and. If the individual 
118.6 	under study resides outside Minnesota, the study must be at least as comprehensive as 
118.7 	that of a Minnesota resident and include a search of information from the criminal justice 
118.8 	data communications network in the state where the subject of the study resides include a 
118.9 	check for substantiated findings of maltreatment of adults and children in the individual's 
118.10 	state of residence when the information is made available by that state, and must include a 
118.11 	check of the National Crime Information Center database;
118.12 	(3) beginning July 1, 1999, all other employees in nursing homes licensed under 
118.13 	chapter 144A, and boarding care homes licensed under sections 144.50 to 144.58. A 
118.14 	disqualification of an individual in this section shall disqualify the individual from 
118.15 	positions allowing direct contact or access to patients or residents receiving services. 
118.16 	"Access" means physical access to a client or the client's personal property without 
118.17 	continuous, direct supervision as defined in section 245C.02, subdivision 8, when the 
118.18 	employee's employment responsibilities do not include providing direct contact services;
118.19 	(4) individuals employed by a supplemental nursing services agency, as defined 
118.20 	under section 144A.70, who are providing services in health care facilities; and
118.21 	(5) controlling persons of a supplemental nursing services agency, as defined under 
118.22 	section 144A.70.
118.23 	If a facility or program is licensed by the Department of Human Services and 
118.24 	subject to the background study provisions of chapter 245C and is also licensed by the 
118.25 	Department of Health, the Department of Human Services is solely responsible for the 
118.26 	background studies of individuals in the jointly licensed programs.

118.27 	Sec. 2. Minnesota Statutes 2014, section 174.30, is amended by adding a subdivision 
118.28 	to read:
118.29 		Subd. 10.Background studies. (a) Providers of special transportation service 
118.30 	regulated under this section must initiate background studies in accordance with chapter 
118.31 	245C on the following individuals:
118.32 	(1) each person with a direct or indirect ownership interest of five percent or higher 
118.33 	in the transportation service provider;
118.34 	(2) each controlling individual as defined under section 245A.02;
118.35 	(3) managerial officials as defined in section 245A.02;
119.1 	(4) each driver employed by the transportation service provider;
119.2 	(5) each individual employed by the transportation service provider to assist a 
119.3 	passenger during transport; and
119.4 	(6) all employees of the transportation service agency who provide administrative 
119.5 	support, including those who:
119.6 	(i) may have face-to-face contact with or access to passengers, their personal 
119.7 	property, or their private data;
119.8 	(ii) perform any scheduling or dispatching tasks; or 
119.9 	(iii) perform any billing activities.
119.10 	(b) The transportation service provider must initiate the background studies required 
119.11 	under paragraph (a) using the online NETStudy system operated by the commissioner 
119.12 	of human services.
119.13 	(c) The transportation service provider shall not permit any individual to provide 
119.14 	any service listed in paragraph (a) until the transportation service provider has received 
119.15 	notification from the commissioner of human services indicating that the individual:
119.16 	(1) is not disqualified under chapter 245C; or
119.17 	(2) is disqualified, but has received a set-aside of that disqualification according to 
119.18 	section 245C.23 related to that transportation service provider.
119.19 	(d) When a local or contracted agency is authorizing a ride under section 256B.0625, 
119.20 	subdivision 17, by a volunteer driver, and the agency authorizing the ride has reason 
119.21 	to believe the volunteer driver has a history that would disqualify the individual or 
119.22 	that may pose a risk to the health or safety of passengers, the agency may initiate a 
119.23 	background study to be completed according to chapter 245C using the commissioner 
119.24 	of human services' online NETStudy system, or through contacting the Department of 
119.25 	Human Services background study division for assistance. The agency that initiates the 
119.26 	background study under this paragraph shall be responsible for providing the volunteer 
119.27 	driver with the privacy notice required under section 245C.05, subdivision 2c, and 
119.28 	payment for the background study required under section 245C.10, subdivision 11, before 
119.29 	the background study is completed.

119.30 	EFFECTIVE DATE. This section is effective January 1, 2016.

119.31 	Sec. 3. Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision 
119.32 	to read:
119.33 		Subd. 10.Providers of special transportation service. The commissioner shall 
119.34 	conduct background studies on any individual required under section 174.30 to have a 
119.35 	background study completed under this chapter.

120.1 	EFFECTIVE DATE. This section is effective January 1, 2016.

120.2 	Sec. 4. Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision 
120.3 	to read:
120.4 		Subd. 11.MNsure consumer assistance partners. The commissioner shall 
120.5 	conduct background studies on any individual required under section 256.962, subdivision 
120.6 	9, to have a background study completed under this chapter.

120.7 	Sec. 5. Minnesota Statutes 2014, section 245C.08, subdivision 1, is amended to read:
120.8 		Subdivision 1.Background studies conducted by Department of Human 
120.9 	Services. (a) For a background study conducted by the Department of Human Services, 
120.10 	the commissioner shall review:
120.11 	(1) information related to names of substantiated perpetrators of maltreatment of 
120.12 	vulnerable adults that has been received by the commissioner as required under section 
120.13 	626.557, subdivision 9c, paragraph (j);
120.14 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
120.15 	programs, and from findings of maltreatment of minors as indicated through the social 
120.16 	service information system;
120.17 	(3) information from juvenile courts as required in subdivision 4 for individuals 
120.18 	listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
120.19 	(4) information from the Bureau of Criminal Apprehension, including information 
120.20 	regarding a background study subject's registration in Minnesota as a predatory offender 
120.21 	under section 243.166;
120.22 	(5) except as provided in clause (6), information from the national crime information 
120.23 	system when the commissioner has reasonable cause as defined under section 245C.05, 
120.24 	subdivision 5, or as required under section 144.057, subdivision 1, clause (2); and
120.25 	(6) for a background study related to a child foster care application for licensure, a 
120.26 	transfer of permanent legal and physical custody of a child under sections 260C.503 to 
120.27 	260C.515, or adoptions, the commissioner shall also review:
120.28 	(i) information from the child abuse and neglect registry for any state in which the 
120.29 	background study subject has resided for the past five years; and
120.30 	(ii) information from national crime information databases, when the background 
120.31 	study subject is 18 years of age or older.
120.32 	(b) Notwithstanding expungement by a court, the commissioner may consider 
120.33 	information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 
121.1 	received notice of the petition for expungement and the court order for expungement is 
121.2 	directed specifically to the commissioner.
121.3 	(c) The commissioner shall also review criminal case information received according 
121.4 	to section 245C.04, subdivision 4a, from the Minnesota court information system that 
121.5 	relates to individuals who have already been studied under this chapter and who remain 
121.6 	affiliated with the agency that initiated the background study.
121.7 	(d) When the commissioner has reasonable cause to believe that the identity of 
121.8 	a background study subject is uncertain, the commissioner may require the subject to 
121.9 	provide a set of classifiable fingerprints for purposes of completing a fingerprint-based 
121.10 	record check with the Bureau of Criminal Apprehension. Fingerprints collected under this 
121.11 	paragraph shall not be saved by the commissioner after they have been used to verify the 
121.12 	identity of the background study subject against the particular criminal record in question.

121.13 	Sec. 6. Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision 
121.14 	to read:
121.15 		Subd. 11.Providers of special transportation service. The commissioner shall 
121.16 	recover the cost of background studies initiated by providers of special transportation 
121.17 	service under section 174.30 through a fee of no more than $20 per study. The fees 
121.18 	collected under this subdivision are appropriated to the commissioner for the purpose of 
121.19 	conducting background studies.

121.20 	EFFECTIVE DATE. This section is effective January 1, 2016.

121.21 	Sec. 7. Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision 
121.22 	to read:
121.23 		Subd. 12.MNsure consumer assistance partners. The commissioner shall recover 
121.24 	the cost of background studies required under section 256.962, subdivision 9, through 
121.25 	a fee of no more than $20 per study. The fees collected under this subdivision are 
121.26 	appropriated to the commissioner for the purpose of conducting background studies.

121.27 	Sec. 8. Minnesota Statutes 2014, section 245C.12, is amended to read:
121.28 	245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.
121.29 	(a) For the purposes of background studies completed by tribal organizations 
121.30 	performing licensing activities otherwise required of the commissioner under this chapter, 
121.31 	after obtaining consent from the background study subject, tribal licensing agencies shall 
122.1 	have access to criminal history data in the same manner as county licensing agencies and 
122.2 	private licensing agencies under this chapter.
122.3 	(b) Tribal organizations may contract with the commissioner to obtain background 
122.4 	study data on individuals under tribal jurisdiction related to adoptions according to 
122.5 	section 245C.34. Tribal organizations may also contract with the commissioner to obtain 
122.6 	background study data on individuals under tribal jurisdiction related to child foster care 
122.7 	according to section 245C.34.
122.8 	(c) For the purposes of background studies completed to comply with a tribal 
122.9 	organization's licensing requirements for individuals affiliated with nursing facilities 
122.10 	licensed under section 144.057, the commissioner shall obtain criminal history data from 
122.11 	the National Criminal Records Repository in accordance with section 245C.32.

122.12 	Sec. 9. Minnesota Statutes 2014, section 256.962, is amended by adding a subdivision 
122.13 	to read:
122.14 		Subd. 9.Background studies for consumer assistance partners. All consumer 
122.15 	assistance partners, as defined in Minnesota Rules, part 7700.0020, subpart 7, are required 
122.16 	to undergo a background study according to the requirements of chapter 245C.

122.17 	Sec. 10.  REPEALER.
 122.18 	Minnesota Rules, part 8840.5900, subparts 12 and 14, are repealed.

122.19 	EFFECTIVE DATE. This section is effective January 1, 2016.

122.20 	ARTICLE 6
122.21 	HEALTH CARE

122.22 	Section 1. Minnesota Statutes 2014, section 62A.045, is amended to read:
122.23 	62A.045 PAYMENTS ON BEHALF OF ENROLLEES IN GOVERNMENT 
122.24 	HEALTH PROGRAMS.
122.25 	(a) As a condition of doing business in Minnesota or providing coverage to 
122.26 	residents of Minnesota covered by this section, each health insurer shall comply with the 
122.27 	requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171, including 
122.28 	any federal regulations adopted under that act, to the extent that it imposes a requirement 
122.29 	that applies in this state and that is not also required by the laws of this state. This section 
122.30 	does not require compliance with any provision of the federal act prior to the effective date 
122.31 	provided for that provision in the federal act. The commissioner shall enforce this section.
123.1 	For the purpose of this section, "health insurer" includes self-insured plans, group 
123.2 	health plans (as defined in section 607(1) of the Employee Retirement Income Security 
123.3 	Act of 1974), service benefit plans, managed care organizations, pharmacy benefit 
123.4 	managers, or other parties that are by contract legally responsible to pay a claim for a 
123.5 	health-care item or service for an individual receiving benefits under paragraph (b).
123.6 	(b) No plan offered by a health insurer issued or renewed to provide coverage to 
123.7 	a Minnesota resident shall contain any provision denying or reducing benefits because 
123.8 	services are rendered to a person who is eligible for or receiving medical benefits pursuant 
123.9 	to title XIX of the Social Security Act (Medicaid) in this or any other state; chapter 256; 
123.10 	256B; or 256D or services pursuant to section 252.27; 256L.01 to 256L.10; 260B.331, 
123.11 	subdivision 2; 260C.331, subdivision 2; or 393.07, subdivision 1 or 2. No health insurer 
123.12 	providing benefits under plans covered by this section shall use eligibility for medical 
123.13 	programs named in this section as an underwriting guideline or reason for nonacceptance 
123.14 	of the risk.
123.15 	(c) If payment for covered expenses has been made under state medical programs for 
123.16 	health care items or services provided to an individual, and a third party has a legal liability 
123.17 	to make payments, the rights of payment and appeal of an adverse coverage decision for the 
123.18 	individual, or in the case of a child their responsible relative or caretaker, will be subrogated 
123.19 	to the state agency. The state agency may assert its rights under this section within three 
123.20 	years of the date the service was rendered. For purposes of this section, "state agency" 
123.21 	includes prepaid health plans under contract with the commissioner according to sections 
123.22 	256B.69, 256D.03, subdivision 4, paragraph (c), and 256L.12; children's mental health 
123.23 	collaboratives under section 245.493; demonstration projects for persons with disabilities 
123.24 	under section 256B.77; nursing homes under the alternative payment demonstration project 
123.25 	under section 256B.434; and county-based purchasing entities under section 256B.692.
123.26 	(d) Notwithstanding any law to the contrary, when a person covered by a plan 
123.27 	offered by a health insurer receives medical benefits according to any statute listed in this 
123.28 	section, payment for covered services or notice of denial for services billed by the provider 
123.29 	must be issued directly to the provider. If a person was receiving medical benefits through 
123.30 	the Department of Human Services at the time a service was provided, the provider must 
123.31 	indicate this benefit coverage on any claim forms submitted by the provider to the health 
123.32 	insurer for those services. If the commissioner of human services notifies the health 
123.33 	insurer that the commissioner has made payments to the provider, payment for benefits or 
123.34 	notices of denials issued by the health insurer must be issued directly to the commissioner. 
123.35 	Submission by the department to the health insurer of the claim on a Department of 
123.36 	Human Services claim form is proper notice and shall be considered proof of payment of 
124.1 	the claim to the provider and supersedes any contract requirements of the health insurer 
124.2 	relating to the form of submission. Liability to the insured for coverage is satisfied to the 
124.3 	extent that payments for those benefits are made by the health insurer to the provider or 
124.4 	the commissioner as required by this section.
124.5 	(e) When a state agency has acquired the rights of an individual eligible for medical 
124.6 	programs named in this section and has health benefits coverage through a health insurer, 
124.7 	the health insurer shall not impose requirements that are different from requirements 
124.8 	applicable to an agent or assignee of any other individual covered.
124.9 	(f) A health insurer must process a claim made by a state agency for covered 
124.10 	expenses paid under state medical programs within 90 business days of the claim's 
124.11 	submission. If the health insurer needs additional information to process the claim, 
124.12 	the health insurer may be granted an additional 30 business days to process the claim, 
124.13 	provided the health insurer submits the request for additional information to the state 
124.14 	agency within 30 business days after the health insurer received the claim.
124.15 	(g) A health insurer may request a refund of a claim paid in error to the Department 
124.16 	of Human Services within two years of the date the payment was made to the department. 
124.17 	A request for a refund shall not be honored by the department if the health insurer makes 
124.18 	the request after the time period has lapsed.

124.19 	Sec. 2. Minnesota Statutes 2014, section 62V.05, subdivision 6, is amended to read:
124.20 		Subd. 6.Appeals. (a) The board may conduct hearings, appoint hearing officers, 
124.21 	and recommend final orders related to appeals of any MNsure determinations, except for 
124.22 	those determinations identified in paragraph (d). An appeal by a health carrier regarding 
124.23 	a specific certification or selection determination made by MNsure under subdivision 5 
124.24 	must be conducted as a contested case proceeding under chapter 14, with the report or 
124.25 	order of the administrative law judge constituting the final decision in the case, subject to 
124.26 	judicial review under sections 14.63 to 14.69. For other appeals, the board shall establish 
124.27 	hearing processes which provide for a reasonable opportunity to be heard and timely 
124.28 	resolution of the appeal and which are consistent with the requirements of federal law and 
124.29 	guidance. An appealing party may be represented by legal counsel at these hearings, but 
124.30 	this is not a requirement.
124.31 	(b) MNsure may establish service-level agreements with state agencies to conduct 
124.32 	hearings for appeals. Notwithstanding section 471.59, subdivision 1, a state agency is 
124.33 	authorized to enter into service-level agreements for this purpose with MNsure.
124.34 	(c) For proceedings under this subdivision, MNsure may be represented by an 
124.35 	attorney who is an employee of MNsure.
125.1 	(d) This subdivision does not apply to appeals of determinations where a state 
125.2 	agency hearing is available under section 256.045.
125.3 	(e) An appellant aggrieved by an order of the executive director of MNsure issued 
125.4 	in an eligibility appeal, as defined in Minnesota Rules, part 7700.0101, may appeal the 
125.5 	order to the district court of the appellant's county of residence by serving a written copy 
125.6 	of a notice of appeal upon the executive director and any other adverse party of record 
125.7 	within 30 days after the date the executive director issued the order, the amended order, or 
125.8 	order affirming the original order, and by filing the original notice and proof of service 
125.9 	with the court administrator of the district court. Service may be made personally or by 
125.10 	mail; service by mail is complete upon mailing; no filing fee shall be required by the court 
125.11 	administrator in appeals taken pursuant to this subdivision. The executive director shall 
125.12 	furnish all parties to the proceedings with a copy of the decision, and a transcript of any 
125.13 	testimony, evidence, or other supporting papers from the hearing held before the appeals 
125.14 	examiner within 45 days after service of the notice of appeal.
125.15 	(f) Any party aggrieved by the failure of an adverse party to obey an order issued 
125.16 	by the executive director may compel performance according to the order in the manner 
125.17 	prescribed in sections 586.01 to 586.12.
125.18 	(g) Any party may obtain a hearing at a special term of the district court by serving a 
125.19 	written notice of the time and place of the hearing at least ten days prior to the date of 
125.20 	the hearing. The court may consider the matter in or out of chambers, and shall take no 
125.21 	new or additional evidence unless it determines that such evidence is necessary for a 
125.22 	more equitable disposition of the appeal.
125.23 	(h) Any party aggrieved by the order of the district court may appeal the order as in 
125.24 	other civil cases. No costs or disbursements shall be taxed against any party nor shall any 
125.25 	filing fee or bond be required of any party.
125.26 	(i) If the executive director or district court orders eligibility for qualified health plan 
125.27 	coverage through MNsure, or eligibility for federal advance payment of premium tax 
125.28 	credits or cost-sharing reductions contingent upon full payment of respective premiums, 
125.29 	the premiums must be paid or provided pending appeal to the district court, Court of 
125.30 	Appeals, or Supreme Court. Provision of eligibility by MNsure pending appeal does not 
125.31 	render moot MNsure's position in a court of law.

125.32 	Sec. 3. Minnesota Statutes 2014, section 256.015, subdivision 7, is amended to read:
125.33 		Subd. 7.Cooperation with information requests required. (a) Upon the request 
125.34 	of the commissioner of human services:
126.1 	(1) any state agency or third-party payer shall cooperate by furnishing information to 
126.2 	help establish a third-party liability, as required by the federal Deficit Reduction Act of 
126.3 	2005, Public Law 109-171;
126.4 	(2) any employer or third-party payer shall cooperate by furnishing a data file 
126.5 	containing information about group health insurance plan or medical benefit plan coverage 
126.6 	of its employees or insureds within 60 days of the request. The information in the data 
126.7 	file must include at least the following: full name, date of birth, Social Security number 
126.8 	if collected by the employer or third-party payer, employer name, policy identification 
126.9 	number, group identification number, and plan or coverage type.
126.10 	(b) For purposes of section 176.191, subdivision 4, the commissioner of labor and 
126.11 	industry may allow the commissioner of human services and county agencies direct access 
126.12 	and data matching on information relating to workers' compensation claims in order to 
126.13 	determine whether the claimant has reported the fact of a pending claim and the amount 
126.14 	paid to or on behalf of the claimant to the commissioner of human services.
126.15 	(c) For the purpose of compliance with section 169.09, subdivision 13, and 
126.16 	federal requirements under Code of Federal Regulations, title 42, section 433.138 
126.17 	(d)(4), the commissioner of public safety shall provide accident data as requested by 
126.18 	the commissioner of human services. The disclosure shall not violate section 169.09, 
126.19 	subdivision 13, paragraph (d).
126.20 	(d) The commissioner of human services and county agencies shall limit its use of 
126.21 	information gained from agencies, third-party payers, and employers to purposes directly 
126.22 	connected with the administration of its public assistance and child support programs. The 
126.23 	provision of information by agencies, third-party payers, and employers to the department 
126.24 	under this subdivision is not a violation of any right of confidentiality or data privacy.

126.25 	Sec. 4. Minnesota Statutes 2014, section 256.969, subdivision 1, is amended to read:
126.26 		Subdivision 1.Hospital cost index. (a) The hospital cost index shall be the change 
126.27 	in the Consumer Price Index-All Items (United States city average) (CPI-U) forecasted 
126.28 	by Data Resources, Inc. The commissioner shall use the indices as forecasted in the 
126.29 	third quarter of the calendar year prior to the rate year. The hospital cost index may be 
126.30 	used to adjust the base year operating payment rate through the rate year on an annually 
126.31 	compounded basis.
126.32 	(b) For fiscal years beginning on or after July 1, 1993, the commissioner of human 
126.33 	services shall not provide automatic annual inflation adjustments for hospital payment 
126.34 	rates under medical assistance. The commissioner of management and budget shall 
126.35 	include as a budget change request in each biennial detailed expenditure budget submitted 
127.1 	to the legislature under section 16A.11 annual adjustments in hospital payment rates under 
127.2 	medical assistance based upon the hospital cost index.

127.3 	Sec. 5. Minnesota Statutes 2014, section 256.969, subdivision 2b, is amended to read:
127.4 		Subd. 2b.Hospital payment rates. (a) For discharges occurring on or after 
127.5 	November 1, 2014, hospital inpatient services for hospitals located in Minnesota shall be 
127.6 	paid according to the following:
127.7 	(1) critical access hospitals as defined by Medicare shall be paid using a cost-based 
127.8 	methodology;
127.9 	(2) long-term hospitals as defined by Medicare shall be paid on a per diem 
127.10 	methodology under subdivision 25;
127.11 	(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation 
127.12 	distinct parts as defined by Medicare shall be paid according to the methodology under 
127.13 	subdivision 12; and
127.14 	(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.
127.15 	(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall 
127.16 	not be rebased, except that a Minnesota long-term hospital shall be rebased effective 
127.17 	January 1, 2011, based on its most recent Medicare cost report ending on or before 
127.18 	September 1, 2008, with the provisions under subdivisions 9 and 23, based on the rates 
127.19 	in effect on December 31, 2010. For rate setting periods after November 1, 2014, in 
127.20 	which the base years are updated, a Minnesota long-term hospital's base year shall remain 
127.21 	within the same period as other hospitals.
127.22 	(c) Effective for discharges occurring on and after November 1, 2014, payment rates 
127.23 	for hospital inpatient services provided by hospitals located in Minnesota or the local trade 
127.24 	area, except for the hospitals paid under the methodologies described in paragraph (a), 
127.25 	clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a 
127.26 	manner similar to Medicare. The base year for the rates effective November 1, 2014, shall 
127.27 	be calendar year 2012. The rebasing under this paragraph shall be budget neutral, ensuring 
127.28 	that the total aggregate payments under the rebased system are equal to the total aggregate 
127.29 	payments that were made for the same number and types of services in the base year. 
127.30 	Separate budget neutrality calculations shall be determined for payments made to critical 
127.31 	access hospitals and payments made to hospitals paid under the DRG system. Only the rate 
127.32 	increases or decreases under subdivision 3a or 3c that applied to the hospitals being rebased 
127.33 	during the entire base period shall be incorporated into the budget neutrality calculation.
127.34 	(d) For discharges occurring on or after November 1, 2014, through June 30, 2016, 
127.35 	the rebased rates under paragraph (c) shall include adjustments to the projected rates that 
128.1 	result in no greater than a five percent increase or decrease from the base year payments 
128.2 	for any hospital. Any adjustments to the rates made by the commissioner under this 
128.3 	paragraph and paragraph (e) shall maintain budget neutrality as described in paragraph (c).
128.4 	(e) For discharges occurring on or after November 1, 2014, through June 30, 2016, 
128.5 	the commissioner may make additional adjustments to the rebased rates, and when 
128.6 	evaluating whether additional adjustments should be made, the commissioner shall 
128.7 	consider the impact of the rates on the following:
128.8 	(1) pediatric services;
128.9 	(2) behavioral health services;
128.10 	(3) trauma services as defined by the National Uniform Billing Committee;
128.11 	(4) transplant services;
128.12 	(5) obstetric services, newborn services, and behavioral health services provided 
128.13 	by hospitals outside the seven-county metropolitan area;
128.14 	(6) outlier admissions;
128.15 	(7) low-volume providers; and
128.16 	(8) services provided by small rural hospitals that are not critical access hospitals.
128.17 	(f) Hospital payment rates established under paragraph (c) must incorporate the 
128.18 	following:
128.19 	(1) for hospitals paid under the DRG methodology, the base year payment rate per 
128.20 	admission is standardized by the applicable Medicare wage index and adjusted by the 
128.21 	hospital's disproportionate population adjustment;
128.22 	(2) for critical access hospitals, interim per diem payment rates shall be based on the 
128.23 	ratio of cost and charges reported on the base year Medicare cost report or reports and 
128.24 	applied to medical assistance utilization data. Final settlement payments for a state fiscal 
128.25 	year must be determined based on a review of the medical assistance cost report required 
128.26 	under subdivision 4b for the applicable state fiscal year;
128.27 	(3) the cost and charge data used to establish hospital payment rates must only 
128.28 	reflect inpatient services covered by medical assistance; and
128.29 	(4) in determining hospital payment rates for discharges occurring on or after the 
128.30 	rate year beginning January 1, 2011, through December 31, 2012, the hospital payment 
128.31 	rate per discharge shall be based on the cost-finding methods and allowable costs of the 
128.32 	Medicare program in effect during the base year or years.
128.33 	(g) The commissioner shall validate the rates effective November 1, 2014, by 
128.34 	applying the rates established under paragraph (c), and any adjustments made to the rates 
128.35 	under paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine 
129.1 	whether the total aggregate payments for the same number and types of services under the 
129.2 	rebased rates are equal to the total aggregate payments made during calendar year 2013.
129.3 	(h) Effective for discharges occurring on or after July 1, 2017, and every two 
129.4 	years thereafter, payment rates under this section shall be rebased to reflect only those 
129.5 	changes in hospital costs between the existing base year and the next base year. The 
129.6 	commissioner shall establish the base year for each rebasing period considering the most 
129.7 	recent year for which filed Medicare cost reports are available. The estimated change in 
129.8 	the average payment per hospital discharge resulting from a scheduled rebasing must be 
129.9 	calculated and made available to the legislature by January 15 of each year in which 
129.10 	rebasing is scheduled to occur, and must include by hospital the differential in payment 
129.11 	rates compared to the individual hospital's costs.
129.12 	(i) Effective for discharges occurring on or after July 1, 2015, payment rates for 
129.13 	critical access hospitals located in Minnesota or the local trade area shall be determined 
129.14 	using a new cost-based methodology. The commissioner shall establish within the 
129.15 	methodology tiers of payment designed to promote efficiency and cost-effectiveness. 
129.16 	Annual payments to hospitals under this paragraph shall equal the total cost for critical 
129.17 	access hospitals as reflected in base year cost reports. The new cost-based rate shall be 
129.18 	the final rate and shall not be settled to actual incurred costs. The factors used to develop 
129.19 	the new methodology may include but are not limited to:
129.20 	(1) the ratio between the hospital's costs for treating medical assistance patients and 
129.21 	the hospital's charges to the medical assistance program;
129.22 	(2) the ratio between the hospital's costs for treating medical assistance patients and 
129.23 	the hospital's payments received from the medical assistance program for the care of 
129.24 	medical assistance patients;
129.25 	(3) the ratio between the hospital's charges to the medical assistance program and 
129.26 	the hospital's payments received from the medical assistance program for the care of 
129.27 	medical assistance patients;
129.28 	(4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);
129.29 	(5) the proportion of that hospital's costs that are administrative and trends in 
129.30 	administrative costs; and
129.31 	(6) geographic location.

129.32 	Sec. 6. Minnesota Statutes 2014, section 256.969, subdivision 9, is amended to read:
129.33 		Subd. 9.Disproportionate numbers of low-income patients served. (a) For 
129.34 	admissions occurring on or after July 1, 1993, the medical assistance disproportionate 
129.35 	population adjustment shall comply with federal law and shall be paid to a hospital, 
130.1 	excluding regional treatment centers and facilities of the federal Indian Health Service, 
130.2 	with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The 
130.3 	adjustment must be determined as follows:
130.4 	(1) for a hospital with a medical assistance inpatient utilization rate above the 
130.5 	arithmetic mean for all hospitals excluding regional treatment centers and facilities of the 
130.6 	federal Indian Health Service but less than or equal to one standard deviation above the 
130.7 	mean, the adjustment must be determined by multiplying the total of the operating and 
130.8 	property payment rates by the difference between the hospital's actual medical assistance 
130.9 	inpatient utilization rate and the arithmetic mean for all hospitals excluding regional 
130.10 	treatment centers and facilities of the federal Indian Health Service; and
130.11 	(2) for a hospital with a medical assistance inpatient utilization rate above one 
130.12 	standard deviation above the mean, the adjustment must be determined by multiplying 
130.13 	the adjustment that would be determined under clause (1) for that hospital by 1.1. 
130.14 	The commissioner may establish a separate disproportionate population payment rate 
130.15 	adjustment for critical access hospitals. The commissioner shall report annually on the 
130.16 	number of hospitals likely to receive the adjustment authorized by this paragraph. The 
130.17 	commissioner shall specifically report on the adjustments received by public hospitals and 
130.18 	public hospital corporations located in cities of the first class.
130.19 	(b) Certified public expenditures made by Hennepin County Medical Center shall 
130.20 	be considered Medicaid disproportionate share hospital payments. Hennepin County 
130.21 	and Hennepin County Medical Center shall report by June 15, 2007, on payments made 
130.22 	beginning July 1, 2005, or another date specified by the commissioner, that may qualify 
130.23 	for reimbursement under federal law. Based on these reports, the commissioner shall 
130.24 	apply for federal matching funds.
130.25 	(c) Upon federal approval of the related state plan amendment, paragraph (b) is 
130.26 	effective retroactively from July 1, 2005, or the earliest effective date approved by the 
130.27 	Centers for Medicare and Medicaid Services.
130.28 	(d) Effective July 1, 2015, disproportionate share hospital (DSH) payments shall 
130.29 	be paid in accordance with a new methodology. Annual DSH payments made under 
130.30 	this paragraph shall equal the total amount of DSH payments made for 2012. The new 
130.31 	methodology shall take into account a variety of factors, including but not limited to:
130.32 	(1) the medical assistance utilization rate of the hospitals that receive payments 
130.33 	under this subdivision;
130.34 	(2) whether the hospital is located within Minnesota;
130.35 	(3) the difference between a hospital's costs for treating medical assistance patients 
130.36 	and the total amount of payments received from medical assistance;
131.1 	(4) the percentage of uninsured patient days at each qualifying hospital in relation 
131.2 	to the total number of uninsured patient days statewide;
131.3 	(5) the hospital's status as a hospital authorized to make presumptive eligibility 
131.4 	determinations for medical assistance in accordance with section 256B.057, subdivision 12;
131.5 	(6) the hospital's status as a safety net, critical access, children's, rehabilitation, or 
131.6 	long-term hospital;
131.7 	(7) whether the hospital's administrative cost of compiling the necessary DSH 
131.8 	reports exceeds the anticipated value of any calculated DSH payment; and
131.9 	(8) whether the hospital provides specific services designated by the commissioner 
131.10 	to be of particular importance to the medical assistance program.
131.11 	(e) Any payments or portion of payments made to a hospital under this subdivision 
131.12 	that are subsequently returned to the commissioner because the payments are found to 
131.13 	exceed the hospital-specific DSH limit for that hospital shall be redistributed to other 
131.14 	DSH-eligible hospitals in a manner established by the commissioner.

131.15 	Sec. 7. Minnesota Statutes 2014, section 256B.059, subdivision 5, is amended to read:
131.16 		Subd. 5.Asset availability. (a) At the time of initial determination of eligibility for 
131.17 	medical assistance benefits following the first continuous period of institutionalization on 
131.18 	or after October 1, 1989, assets considered available to the institutionalized spouse shall 
131.19 	be the total value of all assets in which either spouse has an ownership interest, reduced by 
131.20 	the following amount for the community spouse:
131.21 	(1) prior to July 1, 1994, the greater of:
131.22 	(i) $14,148;
131.23 	(ii) the lesser of the spousal share or $70,740; or
131.24 	(iii) the amount required by court order to be paid to the community spouse;
131.25 	(2) for persons whose date of initial determination of eligibility for medical 
131.26 	assistance following their first continuous period of institutionalization occurs on or after 
131.27 	July 1, 1994, the greater of:
131.28 	(i) $20,000;
131.29 	(ii) the lesser of the spousal share or $70,740; or
131.30 	(iii) the amount required by court order to be paid to the community spouse.
131.31 	The value of assets transferred for the sole benefit of the community spouse under section 
131.32 	256B.0595, subdivision 4, in combination with other assets available to the community 
131.33 	spouse under this section, cannot exceed the limit for the community spouse asset 
131.34 	allowance determined under subdivision 3 or 4. Assets that exceed this allowance shall be 
131.35 	considered available to the institutionalized spouse whether or notconverted toincome. If 
132.1 	the community spouse asset allowance has been increased under subdivision 4, then the 
132.2 	assets considered available to the institutionalized spouse under this subdivision shall be 
132.3 	further reduced by the value of additional amounts allowed under subdivision 4.
132.4 	(b) An institutionalized spouse may be found eligible for medical assistance even 
132.5 	though assets in excess of the allowable amount are found to be available under paragraph 
132.6 	(a) if the assets are owned jointly or individually by the community spouse, and the 
132.7 	institutionalized spouse cannot use those assets to pay for the cost of care without the 
132.8 	consent of the community spouse, and if: (i) the institutionalized spouse assigns to the 
132.9 	commissioner the right to support from the community spouse under section 256B.14, 
132.10 	subdivision 3; (ii) the institutionalized spouse lacks the ability to execute an assignment 
132.11 	due to a physical or mental impairment; or (iii) the denial of eligibility would cause an 
132.12 	imminent threat to the institutionalized spouse's health and well-being.
132.13 	(c) After the month in which the institutionalized spouse is determined eligible for 
132.14 	medical assistance, during the continuous period of institutionalization, no assets of the 
132.15 	community spouse are considered available to the institutionalized spouse, unless the 
132.16 	institutionalized spouse has been found eligible under paragraph (b).
132.17 	(d) Assets determined to be available to the institutionalized spouse under this 
132.18 	section must be used for the health care or personal needs of the institutionalized spouse.
132.19 	(e) For purposes of this section, assets do not include assets excluded under the 
132.20 	Supplemental Security Income program.

132.21 	Sec. 8. Minnesota Statutes 2014, section 256B.0625, subdivision 9, is amended to read:
132.22 		Subd. 9.Dental services. (a) Medical assistance covers dental services.
132.23 	(b) Medical assistance dental coverage for nonpregnant adults is limited to the 
132.24 	following services:
132.25 	(1) comprehensive exams, limited to once every five years;
132.26 	(2) periodic exams, limited to one per year;
132.27 	(3) limited exams;
132.28 	(4) bitewing x-rays, limited to one per year;
132.29 	(5) periapical x-rays;
132.30 	(6) panoramic x-rays, limited to one every five years except (1) when medically 
132.31 	necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma 
132.32 	or (2) once every two years for patients who cannot cooperate for intraoral film due to 
132.33 	a developmental disability or medical condition that does not allow for intraoral film 
132.34 	placement;
132.35 	(7) prophylaxis, limited to one per year;
133.1 	(8) application of fluoride varnish, limited to one per year;
133.2 	(9) posterior fillings, all at the amalgam rate;
133.3 	(10) anterior fillings;
133.4 	(11) endodontics, limited to root canals on the anterior and premolars only;
133.5 	(12) removable prostheses, each dental arch limited to one every six years;
133.6 	(13) oral surgery, limited to extractions, biopsies, and incision and drainage of 
133.7 	abscesses;
133.8 	(14) palliative treatment and sedative fillings for relief of pain; and
133.9 	(15) full-mouth debridement, limited to one every five years.; and
133.10 	(16) nonsurgical treatment for periodontal disease, including scaling, root planing, 
133.11 	and routine periodontal maintenance procedures, limited to once per quadrant per year.
133.12 	(c) In addition to the services specified in paragraph (b), medical assistance 
133.13 	covers the following services for adults, if provided in an outpatient hospital setting or 
133.14 	freestanding ambulatory surgical center as part of outpatient dental surgery:
133.15 	(1) periodontics, limited to periodontal scaling and root planing once every two years;
133.16 	(2) general anesthesia; and
133.17 	(3) full-mouth survey once every five years.
133.18 	(d) Medical assistance covers medically necessary dental services for children and 
133.19 	pregnant women. The following guidelines apply:
133.20 	(1) posterior fillings are paid at the amalgam rate;
133.21 	(2) application of sealants are covered once every five years per permanent molar for 
133.22 	children only;
133.23 	(3) application of fluoride varnish is covered once every six months; and
133.24 	(4) orthodontia is eligible for coverage for children only.
133.25 	(e) In addition to the services specified in paragraphs (b) and (c), medical assistance 
133.26 	covers the following services for adults:
133.27 	(1) house calls or extended care facility calls for on-site delivery of covered services;
133.28 	(2) behavioral management when additional staff time is required to accommodate 
133.29 	behavioral challenges and sedation is not used;
133.30 	(3) oral or IV sedation, if the covered dental service cannot be performed safely 
133.31 	without it or would otherwise require the service to be performed under general anesthesia 
133.32 	in a hospital or surgical center; and
133.33 	(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but 
133.34 	no more than four times per year.
133.35 	(f) The commissioner shall not require prior authorization for the services included 
133.36 	in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based 
134.1 	purchasing plans from requiring prior authorization for the services included in paragraph 
134.2 	(e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.

134.3 	Sec. 9. Minnesota Statutes 2014, section 256B.0625, subdivision 13h, is amended to 
134.4 	read:
134.5 		Subd. 13h.Medication therapy management services. (a) Medical assistance and 
134.6 	general assistance medical care cover covers medication therapy management services 
134.7 	for a recipient taking three or more prescriptions to treat or prevent one or more chronic 
134.8 	medical conditions; a recipient with a drug therapy problem that is identified by the 
134.9 	commissioner or identified by a pharmacist and approved by the commissioner; or prior 
134.10 	authorized by the commissioner that has resulted or is likely to result in significant 
134.11 	nondrug program costs. The commissioner may cover medical therapy management 
134.12 	services under MinnesotaCare if the commissioner determines this is cost-effective. For 
134.13 	purposes of this subdivision, "medication therapy management" means the provision 
134.14 	of the following pharmaceutical care services by a licensed pharmacist to optimize the 
134.15 	therapeutic outcomes of the patient's medications:
134.16 	(1) performing or obtaining necessary assessments of the patient's health status;
134.17 	(2) formulating a medication treatment plan;
134.18 	(3) monitoring and evaluating the patient's response to therapy, including safety 
134.19 	and effectiveness;
134.20 	(4) performing a comprehensive medication review to identify, resolve, and prevent 
134.21 	medication-related problems, including adverse drug events;
134.22 	(5) documenting the care delivered and communicating essential information to 
134.23 	the patient's other primary care providers;
134.24 	(6) providing verbal education and training designed to enhance patient 
134.25 	understanding and appropriate use of the patient's medications;
134.26 	(7) providing information, support services, and resources designed to enhance 
134.27 	patient adherence with the patient's therapeutic regimens; and
134.28 	(8) coordinating and integrating medication therapy management services within the 
134.29 	broader health care management services being provided to the patient.
134.30 	Nothing in this subdivision shall be construed to expand or modify the scope of practice of 
134.31 	the pharmacist as defined in section 151.01, subdivision 27.
134.32 	(b) To be eligible for reimbursement for services under this subdivision, a pharmacist 
134.33 	must meet the following requirements:
134.34 	(1) have a valid license issued by the Board of Pharmacy of the state in which the 
134.35 	medication therapy management service is being performed;
135.1 	(2) have graduated from an accredited college of pharmacy on or after May 1996, or 
135.2 	completed a structured and comprehensive education program approved by the Board of 
135.3 	Pharmacy and the American Council of Pharmaceutical Education for the provision and 
135.4 	documentation of pharmaceutical care management services that has both clinical and 
135.5 	didactic elements;
135.6 	(3) be practicing in an ambulatory care setting as part of a multidisciplinary team or 
135.7 	have developed a structured patient care process that is offered in a private or semiprivate 
135.8 	patient care area that is separate from the commercial business that also occurs in the 
135.9 	setting, or in home settings, including long-term care settings, group homes, and facilities 
135.10 	providing assisted living services, but excluding skilled nursing facilities; and
135.11 	(4) make use of an electronic patient record system that meets state standards.
135.12 	(c) For purposes of reimbursement for medication therapy management services, 
135.13 	the commissioner may enroll individual pharmacists as medical assistance and general 
135.14 	assistance medical care providers. The commissioner may also establish contact 
135.15 	requirements between the pharmacist and recipient, including limiting the number of 
135.16 	reimbursable consultations per recipient.
135.17 	(d) If there are no pharmacists who meet the requirements of paragraph (b) practicing 
135.18 	within a reasonable geographic distance of the patient, a pharmacist who meets the 
135.19 	requirements may provide the services via two-way interactive video. Reimbursement 
135.20 	shall be at the same rates and under the same conditions that would otherwise apply to 
135.21 	the services provided. To qualify for reimbursement under this paragraph, the pharmacist 
135.22 	providing the services must meet the requirements of paragraph (b), and must be 
135.23 	located within an ambulatory care setting approved by the commissioner that meets the 
135.24 	requirements of paragraph (b), clause (3). The patient must also be located within an 
135.25 	ambulatory care setting approved by the commissioner that meets the requirements of 
135.26 	paragraph (b), clause (3). Services provided under this paragraph may not be transmitted 
135.27 	into the patient's residence.
135.28 	(e) The commissioner shall establish a pilot project for an intensive medication 
135.29 	therapy management program for patients identified by the commissioner with multiple 
135.30 	chronic conditions and a high number of medications who are at high risk of preventable 
135.31 	hospitalizations, emergency room use, medication complications, and suboptimal 
135.32 	treatment outcomes due to medication-related problems. For purposes of the pilot 
135.33 	project, medication therapy management services may be provided in a patient's home 
135.34 	or community setting, in addition to other authorized settings. The commissioner may 
135.35 	waive existing payment policies and establish special payment rates for the pilot project. 
135.36 	The pilot project must be designed to produce a net savings to the state compared to the 
136.1 	estimated costs that would otherwise be incurred for similar patients without the program. 
136.2 	The pilot project must begin by January 1, 2010, and end June 30, 2012.
136.3 	(e) Medication therapy management services may be delivered into a patient's 
136.4 	residence via secure interactive video if the medication therapy management services 
136.5 	are performed electronically during a covered home care visit by an enrolled provider. 
136.6 	Reimbursement shall be at the same rates and under the same conditions that would 
136.7 	otherwise apply to the services provided. To qualify for reimbursement under this 
136.8 	paragraph, the pharmacist providing the services must meet the requirements of paragraph 
136.9 	(b) and must be located within an ambulatory care setting that meets the requirements of 
136.10 	paragraph (b), clause (3).

136.11 	Sec. 10. Minnesota Statutes 2014, section 256B.0625, subdivision 58, is amended to 
136.12 	read:
136.13 		Subd. 58.Early and periodic screening, diagnosis, and treatment services.
 136.14 	Medical assistance covers early and periodic screening, diagnosis, and treatment services 
136.15 	(EPSDT). The payment amount for a complete EPSDT screening shall not include charges 
136.16 	for vaccines health care services and products that are available at no cost to the provider 
136.17 	and shall not exceed the rate established per Minnesota Rules, part 9505.0445, item M, 
136.18 	effective October 1, 2010.

136.19 	Sec. 11. Minnesota Statutes 2014, section 256B.0631, is amended to read:
136.20 	256B.0631 MEDICAL ASSISTANCE CO-PAYMENTS.
136.21 		Subdivision 1.Cost-sharing. (a) Except as provided in subdivision 2, the medical 
136.22 	assistance benefit plan shall include the following cost-sharing for all recipients, effective 
136.23 	for services provided on or after September 1, 2011:
136.24 	(1) $3 per nonpreventive visit, except as provided in paragraph (b). For purposes 
136.25 	of this subdivision, a visit means an episode of service which is required because of 
136.26 	a recipient's symptoms, diagnosis, or established illness, and which is delivered in an 
136.27 	ambulatory setting by a physician or physician ancillary, chiropractor, podiatrist, nurse 
136.28 	midwife, advanced practice nurse, audiologist, optician, or optometrist;
136.29 	(2) $3.50 for nonemergency visits to a hospital-based emergency room, except that 
136.30 	this co-payment shall be increased to $20 upon federal approval;
136.31 	(3) $3 per brand-name drug prescription and $1 per generic drug prescription, 
136.32 	subject to a $12 per month maximum for prescription drug co-payments. No co-payments 
136.33 	shall apply to antipsychotic drugs when used for the treatment of mental illness;
137.1 	(4) effective January 1, 2012, a family deductible equal to the maximum amount 
137.2 	allowed under Code of Federal Regulations, title 42, part 447.54 $2.75 per month per 
137.3 	family and adjusted annually by the percentage increase in the medical care component 
137.4 	of the CPI-U for the period of September to September of the preceding calendar year, 
137.5 	rounded to the next higher five-cent increment; and
137.6 	(5) for individuals identified by the commissioner with income at or below 100 
137.7 	percent of the federal poverty guidelines, total monthly cost-sharing must not exceed five 
137.8 	percent of family income. For purposes of this paragraph, family income is the total 
137.9 	earned and unearned income of the individual and the individual's spouse, if the spouse is 
137.10 	enrolled in medical assistance and also subject to the five percent limit on cost-sharing.
137.11 	This paragraph does not apply to premiums charged to individuals described under section 
137.12 	256B.057, subdivision 9.
137.13 	(b) Recipients of medical assistance are responsible for all co-payments and 
137.14 	deductibles in this subdivision.
137.15 	(c) Notwithstanding paragraph (b), the commissioner, through the contracting 
137.16 	process under sections 256B.69 and 256B.692, may allow managed care plans and 
137.17 	county-based purchasing plans to waive the family deductible under paragraph (a), 
137.18 	clause (4). The value of the family deductible shall not be included in the capitation 
137.19 	payment to managed care plans and county-based purchasing plans. Managed care plans 
137.20 	and county-based purchasing plans shall certify annually to the commissioner the dollar 
137.21 	value of the family deductible.
137.22 	(d) Notwithstanding paragraph (b), the commissioner may waive the collection of 
137.23 	the family deductible described under paragraph (a), clause (4), from individuals and 
137.24 	allow long-term care and waivered service providers to assume responsibility for payment.
137.25 	(e) Notwithstanding paragraph (b), the commissioner, through the contracting 
137.26 	process under section 256B.0756 shall allow the pilot program in Hennepin County to 
137.27 	waive co-payments. The value of the co-payments shall not be included in the capitation 
137.28 	payment amount to the integrated health care delivery networks under the pilot program.
137.29 		Subd. 2.Exceptions. Co-payments and deductibles shall be subject to the following 
137.30 	exceptions:
137.31 	(1) children under the age of 21;
137.32 	(2) pregnant women for services that relate to the pregnancy or any other medical 
137.33 	condition that may complicate the pregnancy;
137.34 	(3) recipients expected to reside for at least 30 days in a hospital, nursing home, or 
137.35 	intermediate care facility for the developmentally disabled;
137.36 	(4) recipients receiving hospice care;
138.1 	(5) 100 percent federally funded services provided by an Indian health service;
138.2 	(6) emergency services;
138.3 	(7) family planning services;
138.4 	(8) services that are paid by Medicare, resulting in the medical assistance program 
138.5 	paying for the coinsurance and deductible;
138.6 	(9) co-payments that exceed one per day per provider for nonpreventive visits, 
138.7 	eyeglasses, and nonemergency visits to a hospital-based emergency room; and
138.8 	(10) services, fee-for-service payments subject to volume purchase through 
138.9 	competitive bidding.;
138.10 	(11) American Indians who meet the requirements in Code of Federal Regulations, 
138.11 	title 42, section 447.51;
138.12 	(12) persons needing treatment for breast or cervical cancer as described under 
138.13 	section 256B.057, subdivision 10; and
138.14 	(13) services that currently have a rating of A or B from the United States Preventive 
138.15 	Services Task Force (USPSTF), immunizations recommended by the Advisory Committee 
138.16 	on Immunization Practices of the Centers for Disease Control and Prevention, and 
138.17 	preventive services and screenings provided to women as described in Code of Federal 
138.18 	Regulations, title 45, section 147.130.
138.19 		Subd. 3.Collection. (a) The medical assistance reimbursement to the provider shall 
138.20 	be reduced by the amount of the co-payment or deductible, except that reimbursements 
138.21 	shall not be reduced:
138.22 	(1) once a recipient has reached the $12 per month maximum for prescription drug 
138.23 	co-payments; or
138.24 	(2) for a recipient identified by the commissioner under 100 percent of the federal 
138.25 	poverty guidelines who has met their monthly five percent cost-sharing limit.
138.26 	(b) The provider collects the co-payment or deductible from the recipient. Providers 
138.27 	may not deny services to recipients who are unable to pay the co-payment or deductible.
138.28 	(c) Medical assistance reimbursement to fee-for-service providers and payments to 
138.29 	managed care plans shall not be increased as a result of the removal of co-payments or 
138.30 	deductibles effective on or after January 1, 2009.

138.31 	EFFECTIVE DATE. The amendment to subdivision 1, paragraph (a), clause (4), is 
138.32 	effective retroactively from January 1, 2014.

138.33 	Sec. 12. [256B.0638] OPIOID PRESCRIBING IMPROVEMENT PROGRAM.
138.34 		Subdivision 1.Program established. The commissioner of human services, in 
138.35 	conjunction with the commissioner of health, shall coordinate and implement an opioid 
139.1 	prescribing improvement program to reduce opioid dependency and substance use by 
139.2 	Minnesotans due to the prescribing of opioid analgesics by health care providers.
139.3 		Subd. 2.Definitions. (a) For purposes of this section, the terms defined in this 
139.4 	subdivision have the meanings given them.
139.5 	(b) "Commissioner" means the commissioner of human services.
139.6 	(c) "Commissioners" means the commissioner of human services and the 
139.7 	commissioner of health.
139.8 	(d) "DEA" means the United States Drug Enforcement Administration.
139.9 	(e) "Minnesota health care program" means a public health care program 
139.10 	administered by the commissioner of human services.
139.11 	(f) "Opioid disenrollment standards" means parameters of opioid prescribing 
139.12 	practices that fall outside community standard thresholds for prescribing to such a degree 
139.13 	that a provider must be disenrolled as a medical assistance provider.
139.14 	(g) "Opioid prescriber" means a licensed health care provider who prescribes opioids 
139.15 	to medical assistance and MinnesotaCare enrollees under the fee-for-service system or 
139.16 	under a managed care or county-based purchasing plan.
139.17 	(h) "Opioid quality improvement standard thresholds" means parameters of opioid 
139.18 	prescribing practices that fall outside community standards for prescribing to such a 
139.19 	degree that quality improvement is required.
139.20 	(i) "Program" means the statewide opioid prescribing improvement program 
139.21 	established under this section.
139.22 	(j) "Provider group" means a clinic, hospital, or primary or specialty practice group 
139.23 	that employs, contracts with, or is affiliated with an opioid prescriber. Provider group does 
139.24 	not include a professional association supported by dues-paying members.
139.25 	(k) "Sentinel measures" means measures of opioid use that identify variations in 
139.26 	prescribing practices during the prescribing intervals.
139.27 		Subd. 3.Opioid prescribing work group. (a) The commissioner of human 
139.28 	services, in consultation with the commissioner of health, shall appoint the following 
139.29 	voting members to an opioid prescribing work group:
139.30 	(1) two consumer members who have been impacted by an opioid abuse disorder or 
139.31 	opioid dependence disorder, either personally or with family members;
139.32 	(2) one member who is a licensed physician actively practicing in Minnesota and 
139.33 	registered as a practitioner with the DEA;
139.34 	(3) one member who is a licensed pharmacist actively practicing in Minnesota and 
139.35 	registered as a practitioner with the DEA;
140.1 	(4) one member who is a licensed nurse practitioner actively practicing in Minnesota 
140.2 	and registered as a practitioner with the DEA;
140.3 	(5) one member who is a licensed dentist actively practicing in Minnesota and 
140.4 	registered as a practitioner with the DEA;
140.5 	(6) two members who are nonphysician licensed health care professionals actively 
140.6 	engaged in the practice of their profession in Minnesota, and their practice includes 
140.7 	treating pain;
140.8 	(7) one member who is a mental health professional who is licensed or registered 
140.9 	in a mental health profession, who is actively engaged in the practice of that profession 
140.10 	in Minnesota, and whose practice includes treating patients with chemical dependency 
140.11 	or substance abuse;
140.12 	(8) one member who is a medical examiner for a Minnesota county;
140.13 	(9) one member of the Health Services Policy Committee established under section 
140.14 	256B.0625, subdivisions 3c to 3e;
140.15 	(10) one member who is a medical director of a health plan company doing business 
140.16 	in Minnesota;
140.17 	(11) one member who is a pharmacy director of a health plan company doing 
140.18 	business in Minnesota; and
140.19 	(12) one member representing Minnesota law enforcement.
140.20 	(b) In addition, the work group shall include the following nonvoting members:
140.21 	(1) the medical director for the medical assistance program;
140.22 	(2) a member representing the Department of Human Services pharmacy unit; and
140.23 	(3) the medical director for the Department of Labor and Industry.
140.24 	(c) An honorarium of $200 per meeting and reimbursement for mileage and parking 
140.25 	shall be paid to each voting member in attendance. 
140.26 		Subd. 4.Program components. (a) The working group shall recommend to the 
140.27 	commissioners the components of the statewide opioid prescribing improvement program, 
140.28 	including, but not limited to, the following:
140.29 	(1) developing criteria for opioid prescribing protocols, including:
140.30 	(i) prescribing for the interval of up to four days immediately after an acute painful 
140.31 	event;
140.32 	(ii) prescribing for the interval of up to 45 days after an acute painful event; and
140.33 	(iii) prescribing for chronic pain, which for purposes of this program means pain 
140.34 	lasting longer than 45 days after an acute painful event;
140.35 	(2) developing sentinel measures;
141.1 	(3) developing educational resources for opioid prescribers about communicating 
141.2 	with patients about pain management and the use of opioids to treat pain;
141.3 	(4) developing opioid quality improvement standard thresholds and opioid 
141.4 	disenrollment standards for opioid prescribers and provider groups. In developing opioid 
141.5 	disenrollment standards, the standards may be described in terms of the length of time in 
141.6 	which prescribing practices fall outside community standards and the nature and amount 
141.7 	of opioid prescribing that fall outside community standards; and
141.8 	(5) addressing other program issues as determined by the commissioners.
141.9 	(b) The opioid prescribing protocols shall not apply to opioids prescribed for patients 
141.10 	who are experiencing pain caused by a malignant condition or who are receiving hospice 
141.11 	care, or to opioids prescribed as medication-assisted therapy to treat opioid dependency.
141.12 	(c) All opioid prescribers who prescribe opioids to Minnesota health care program 
141.13 	enrollees must participate in the program in accordance with subdivision 5. Any other 
141.14 	prescriber who prescribes opioids may comply with the components of this program 
141.15 	described in paragraph (a) on a voluntary basis.
141.16 		Subd. 5.Program implementation. (a) The commissioner shall implement the 
141.17 	program within the Minnesota health care program to improve the health of and quality 
141.18 	of care provided to Minnesota health care program enrollees. The commissioner shall 
141.19 	annually collect and report to opioid prescribers data showing the sentinel measures of 
141.20 	their opioid prescribing patterns compared to their anonymized peers.
141.21 	(b) The commissioner shall notify an opioid prescriber and all provider groups 
141.22 	with which the opioid prescriber is employed or affiliated when the opioid prescriber's 
141.23 	prescribing pattern exceeds the opioid quality improvement standard thresholds. An 
141.24 	opioid prescriber and any provider group that receives a notice under this paragraph shall 
141.25 	submit to the commissioner a quality improvement plan for review and approval by the 
141.26 	commissioner with the goal of bringing the opioid prescriber's prescribing practices into 
141.27 	alignment with community standards. A quality improvement plan must include:
141.28 	(1) components of the program described in subdivision 4, paragraph (a);
141.29 	(2) internal practice-based measures to review the prescribing practice of the 
141.30 	opioid prescriber and, where appropriate, any other opioid prescribers employed by or 
141.31 	affiliated with any of the provider groups with which the opioid prescriber is employed or 
141.32 	affiliated; and
141.33 	(3) appropriate use of the prescription monitoring program under section 152.126.
141.34 	(c) If, after a year from the commissioner's notice under paragraph (b), the opioid 
141.35 	prescriber's prescribing practices do not improve so that they are consistent with 
141.36 	community standards, the commissioner shall take one or more of the following steps:
142.1 	(1) monitor prescribing practices more frequently than annually;
142.2 	(2) monitor more aspects of the opioid prescriber's prescribing practices than the 
142.3 	sentinel measures; or
142.4 	(3) require the opioid prescriber to participate in additional quality improvement 
142.5 	efforts, including but not limited to mandatory use of the prescription monitoring program 
142.6 	established under section 152.126.
142.7 	(d) The commissioner shall terminate from the Minnesota health care program 
142.8 	all opioid prescribers and provider groups whose prescribing practices fall within the 
142.9 	applicable opioid disenrollment standards.
142.10 		Subd. 6.Data practices. (a) Reports and data identifying an opioid prescriber 
142.11 	are private data on individuals as defined under section 13.02, subdivision 12, until an 
142.12 	opioid prescriber is subject to termination as a medical assistance provider under this 
142.13 	section. Notwithstanding this data classification, the commissioner shall share with all of 
142.14 	the provider groups with which an opioid prescriber is employed or affiliated, a report 
142.15 	identifying an opioid prescriber who is subject to quality improvement activities under 
142.16 	subdivision 5, paragraph (b) or (c).
142.17 	(b) Reports and data identifying a provider group are nonpublic data as defined 
142.18 	under section 13.02, subdivision 9, until the provider group is subject to termination as a 
142.19 	medical assistance provider under this section.
142.20 	(c) Upon termination under this section, reports and data identifying an opioid 
142.21 	prescriber or provider group are public, except that any identifying information of 
142.22 	Minnesota health care program enrollees must be redacted by the commissioner.
142.23 		Subd. 7.Annual report to legislature. By September 15, 2016, and annually 
142.24 	thereafter, the commissioner of human services shall report to the legislature on the 
142.25 	implementation of the opioid prescribing improvement program in the Minnesota health 
142.26 	care program. The report must include data on the utilization of opioids within the 
142.27 	Minnesota health care program.

142.28 	Sec. 13. Minnesota Statutes 2014, section 256B.0757, is amended to read:
142.29 	256B.0757 COORDINATED CARE THROUGH A HEALTH HOME.
142.30 		Subdivision 1.Provision of coverage. (a) The commissioner shall provide 
142.31 	medical assistance coverage of health home services for eligible individuals with chronic 
142.32 	conditions who select a designated provider, a team of health care professionals, or a 
142.33 	health team as the individual's health home.
142.34 	(b) The commissioner shall implement this section in compliance with the 
142.35 	requirements of the state option to provide health homes for enrollees with chronic 
143.1 	conditions, as provided under the Patient Protection and Affordable Care Act, Public 
143.2 	Law 111-148, sections 2703 and 3502. Terms used in this section have the meaning 
143.3 	provided in that act.
143.4 	(c) The commissioner shall establish health homes to serve populations with serious 
143.5 	mental illness who meet the eligibility requirements described under subdivision 2, clause 
143.6 	(4). The health home services provided by health homes shall focus on both the behavioral 
143.7 	and the physical health of these populations.
143.8 		Subd. 2.Eligible individual. An individual is eligible for health home services 
143.9 	under this section if the individual is eligible for medical assistance under this chapter 
143.10 	and has at least:
143.11 	(1) two chronic conditions;
143.12 	(2) one chronic condition and is at risk of having a second chronic condition; or
143.13 	(3) one serious and persistent mental health condition.; or
143.14 	(4) meets the definition in section 245.462, subdivision 20, paragraph (a), or 
143.15 	245.4871, subdivision 15, clause (2); and has a current diagnostic assessment as defined in 
143.16 	Minnesota Rules, part 9505.0372, subpart 1, item B or C, as performed or reviewed by 
143.17 	a mental health professional employed by or under contract with the behavioral health 
143.18 	home. The commissioner shall establish criteria for determining continued eligibility.
143.19 		Subd. 3.Health home services. (a) Health home services means comprehensive and 
143.20 	timely high-quality services that are provided by a health home. These services include:
143.21 	(1) comprehensive care management;
143.22 	(2) care coordination and health promotion;
143.23 	(3) comprehensive transitional care, including appropriate follow-up, from inpatient 
143.24 	to other settings;
143.25 	(4) patient and family support, including authorized representatives;
143.26 	(5) referral to community and social support services, if relevant; and
143.27 	(6) use of health information technology to link services, as feasible and appropriate.
143.28 	(b) The commissioner shall maximize the number and type of services included 
143.29 	in this subdivision to the extent permissible under federal law, including physician, 
143.30 	outpatient, mental health treatment, and rehabilitation services necessary for 
143.31 	comprehensive transitional care following hospitalization.
143.32 		Subd. 4.Health teams Designated provider. (a) Health home services 
143.33 	are voluntary and an eligible individual may choose any designated provider. The 
143.34 	commissioner shall establish health teams to support the patient-centered designated 
143.35 	providers to serve as  health home homes and provide the services described in subdivision 
143.36 	3 to individuals eligible under subdivision 2. The commissioner shall apply for grants 
144.1 	or contracts as provided under section 3502 of the Patient Protection and Affordable 
144.2 	Care Act to establish health teams homes and provide capitated payments to primary 
144.3 	care designated providers. For purposes of this section, "health teams" "designated 
144.4 	provider" means community-based, interdisciplinary, interprofessional teams of health 
144.5 	care providers that support primary care practices. These providers may include medical 
144.6 	specialists, nurses, advanced practice registered nurses, pharmacists, nutritionists, social 
144.7 	workers, behavioral and mental health providers, doctors of chiropractic, licensed 
144.8 	complementary and alternative medicine practitioners, and physician assistants. a 
144.9 	physician, clinical practice or clinical group practice, rural clinic, community health 
144.10 	center, community mental health center, or any other entity or provider that is determined 
144.11 	by the commissioner to be qualified to be a health home for eligible individuals. This 
144.12 	determination must be based on documentation evidencing that the designated provider 
144.13 	has the systems and infrastructure in place to provide health home services and satisfies the 
144.14 	qualification standards established by the commissioner in consultation with stakeholders 
144.15 	and approved by the Centers for Medicare and Medicaid Services.
144.16 	(b) The commissioner shall develop and implement certification standards for 
144.17 	designated providers under this subdivision.
144.18 		Subd. 5.Payments. The commissioner shall make payments to each health home 
144.19 	and each health team designated provider for the provision of health home services 
144.20 	described in subdivision 3 to each eligible individual with chronic conditions under 
144.21 	subdivision 2 that selects the health home as a provider.
144.22 		Subd. 6.Coordination. The commissioner, to the extent feasible, shall ensure that 
144.23 	the requirements and payment methods for health homes and health teams designated 
144.24 	providers developed under this section are consistent with the requirements and payment 
144.25 	methods for health care homes established under sections 256B.0751 and 256B.0753. The 
144.26 	commissioner may modify requirements and payment methods under sections 256B.0751
144.27 	and 256B.0753 in order to be consistent with federal health home requirements and 
144.28 	payment methods.
144.29 		Subd. 8.Evaluation and continued development. (a) For continued certification 
144.30 	under this section, health homes must meet process, outcome, and quality standards 
144.31 	developed and specified by the commissioner. The commissioner shall collect data from 
144.32 	health homes as necessary to monitor compliance with certification standards.
144.33 	(b) The commissioner may contract with a private entity to evaluate patient and 
144.34 	family experiences, health care utilization, and costs.
145.1 	(c) The commissioner shall utilize findings from the implementation of behavioral 
145.2 	health homes to determine populations to serve under subsequent health home models 
145.3 	for individuals with chronic conditions.

145.4 	EFFECTIVE DATE. This section is effective January 1, 2016, or upon federal 
145.5 	approval, whichever is later. The commissioner of human services shall notify the revisor 
145.6 	of statutes when federal approval is obtained.

145.7 	Sec. 14. Minnesota Statutes 2014, section 256B.75, is amended to read:
145.8 	256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.
145.9 	(a) For outpatient hospital facility fee payments for services rendered on or after 
145.10 	October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted 
145.11 	charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those 
145.12 	services for which there is a federal maximum allowable payment. Effective for services 
145.13 	rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital 
145.14 	facility fees and emergency room facility fees shall be increased by eight percent over the 
145.15 	rates in effect on December 31, 1999, except for those services for which there is a federal 
145.16 	maximum allowable payment. Services for which there is a federal maximum allowable 
145.17 	payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum 
145.18 	allowable payment. Total aggregate payment for outpatient hospital facility fee services 
145.19 	shall not exceed the Medicare upper limit. If it is determined that a provision of this 
145.20 	section conflicts with existing or future requirements of the United States government with 
145.21 	respect to federal financial participation in medical assistance, the federal requirements 
145.22 	prevail. The commissioner may, in the aggregate, prospectively reduce payment rates to 
145.23 	avoid reduced federal financial participation resulting from rates that are in excess of 
145.24 	the Medicare upper limitations.
145.25 	(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and 
145.26 	ambulatory surgery hospital facility fee services for critical access hospitals designated 
145.27 	under section 144.1483, clause (9), shall be paid on a cost-based payment system that is 
145.28 	based on the cost-finding methods and allowable costs of the Medicare program. Effective 
145.29 	for services provided on or after July 1, 2015, rates established for critical access hospitals 
145.30 	under this paragraph for the applicable payment year shall be the final payment and shall 
145.31 	not be settled to actual costs.
145.32 	(c) Effective for services provided on or after July 1, 2003, rates that are based 
145.33 	on the Medicare outpatient prospective payment system shall be replaced by a budget 
145.34 	neutral prospective payment system that is derived using medical assistance data. The 
146.1 	commissioner shall provide a proposal to the 2003 legislature to define and implement 
146.2 	this provision.
146.3 	(d) For fee-for-service services provided on or after July 1, 2002, the total payment, 
146.4 	before third-party liability and spenddown, made to hospitals for outpatient hospital 
146.5 	facility services is reduced by .5 percent from the current statutory rate.
146.6 	(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service 
146.7 	services provided on or after July 1, 2003, made to hospitals for outpatient hospital 
146.8 	facility services before third-party liability and spenddown, is reduced five percent from 
146.9 	the current statutory rates. Facilities defined under section 256.969, subdivision 16, are 
146.10 	excluded from this paragraph.
146.11 	(f) In addition to the reductions in paragraphs (d) and (e), the total payment for 
146.12 	fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient 
146.13 	hospital facility services before third-party liability and spenddown, is reduced three 
146.14 	percent from the current statutory rates. Mental health services and facilities defined under 
146.15 	section 256.969, subdivision 16, are excluded from this paragraph.

146.16 	Sec. 15. Minnesota Statutes 2014, section 256B.76, subdivision 2, is amended to read:
146.17 		Subd. 2.Dental reimbursement.  (a) Effective for services rendered on or after 
146.18 	October 1, 1992, the commissioner shall make payments for dental services as follows:
146.19 	(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25 
146.20 	percent above the rate in effect on June 30, 1992; and
146.21 	(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th 
146.22 	percentile of 1989, less the percent in aggregate necessary to equal the above increases.
146.23 	(b) Beginning October 1, 1999, the payment for tooth sealants and fluoride treatments 
146.24 	shall be the lower of (1) submitted charge, or (2) 80 percent of median 1997 charges.
146.25 	(c) Effective for services rendered on or after January 1, 2000, payment rates for 
146.26 	dental services shall be increased by three percent over the rates in effect on December 
146.27 	31, 1999.
146.28 	(d) Effective for services provided on or after January 1, 2002, payment for 
146.29 	diagnostic examinations and dental x-rays provided to children under age 21 shall be the 
146.30 	lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.
146.31 	(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1, 
146.32 	2000, for managed care.
146.33 	(f) Effective for dental services rendered on or after October 1, 2010, by a 
146.34 	state-operated dental clinic, payment shall be paid on a reasonable cost basis that is based 
146.35 	on the Medicare principles of reimbursement. This payment shall be effective for services 
147.1 	rendered on or after January 1, 2011, to recipients enrolled in managed care plans or 
147.2 	county-based purchasing plans.
147.3 	(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics 
147.4 	in paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal 
147.5 	year, a supplemental state payment equal to the difference between the total payments 
147.6 	in paragraph (f) and $1,850,000 shall be paid from the general fund to state-operated 
147.7 	services for the operation of the dental clinics.
147.8 	(h) If the cost-based payment system for state-operated dental clinics described in 
147.9 	paragraph (f) does not receive federal approval, then state-operated dental clinics shall be 
147.10 	designated as critical access dental providers under subdivision 4, paragraph (b), and shall 
147.11 	receive the critical access dental reimbursement rate as described under subdivision 4, 
147.12 	paragraph (a).
147.13 	(i) (h) Effective for services rendered on or after September 1, 2011, through June 
147.14 	30, 2013, payment rates for dental services shall be reduced by three percent. This 
147.15 	reduction does not apply to state-operated dental clinics in paragraph (f).
147.16 	(j) (i) Effective for services rendered on or after January 1, 2014, payment rates for 
147.17 	dental services shall be increased by five percent from the rates in effect on December 
147.18 	31, 2013. This increase does not apply to state-operated dental clinics in paragraph (f), 
147.19 	federally qualified health centers, rural health centers, and Indian health services. Effective 
147.20 	January 1, 2014, payments made to managed care plans and county-based purchasing 
147.21 	plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment increase 
147.22 	described in this paragraph.
147.23 	(j) Effective for services rendered on or after January 1, 2016, payment rates for 
147.24 	dental services shall be set to the percentage of 2012 fee-for-service submitted charges 
147.25 	that results in a 15 percent increase in the aggregate payment for dental services from 
147.26 	the rates in effect on December 31, 2015.

147.27 	Sec. 16. Minnesota Statutes 2014, section 256B.76, subdivision 4, is amended to read:
147.28 		Subd. 4.Critical access dental providers.  (a) Effective for dental services 
147.29 	rendered on or after January 1, 2002, the commissioner shall increase reimbursements 
147.30 	to dentists and dental clinics deemed by the commissioner to be critical access dental 
147.31 	providers. For dental services rendered on or after July 1, 2007, the commissioner shall 
147.32 	increase reimbursement by 35 percent above the reimbursement rate that would otherwise 
147.33 	be paid to the critical access dental provider. The commissioner shall pay the managed 
147.34 	care plans and county-based purchasing plans in amounts sufficient to reflect increased 
147.35 	reimbursements to critical access dental providers as approved by the commissioner.
148.1 	(b) For dental services rendered on or after January 1, 2016, the commissioner 
148.2 	shall reimburse a critical access dental provider that is not a community health clinic an 
148.3 	additional 20 percent above the payment rate specified in subdivision 2.
148.4 	(c) For dental services rendered on or after January 1, 2016, the commissioner 
148.5 	shall reimburse a critical access dental provider that is also a community health clinic an 
148.6 	additional 17.4 percent above the payment rate specified in subdivision 2.
148.7 	(b) (d) The commissioner shall designate the following dentists and dental clinics as 
148.8 	critical access dental providers:
148.9 	(1) nonprofit community clinics that:
148.10 	(i) have nonprofit status in accordance with chapter 317A;
148.11 	(ii) have tax exempt status in accordance with the Internal Revenue Code, section 
148.12 	501(c)(3);
148.13 	(iii) are established to provide oral health services to patients who are low income, 
148.14 	uninsured, have special needs, and are underserved;
148.15 	(iv) have professional staff familiar with the cultural background of the clinic's 
148.16 	patients;
148.17 	(v) charge for services on a sliding fee scale designed to provide assistance to 
148.18 	low-income patients based on current poverty income guidelines and family size;
148.19 	(vi) do not restrict access or services because of a patient's financial limitations 
148.20 	or public assistance status; and
148.21 	(vii) have free care available as needed;
148.22 	(2) federally qualified health centers, rural health clinics, and public health clinics;
148.23 	(3) city or county owned and operated hospital-based dental clinics;
148.24 	(4) a dental clinic or dental group owned and operated by a nonprofit corporation in 
148.25 	accordance with chapter 317A with more than 10,000 patient encounters per year with 
148.26 	patients who are uninsured or covered by medical assistance or MinnesotaCare;
148.27 	(5) a dental clinic owned and operated by the University of Minnesota or the 
148.28 	Minnesota State Colleges and Universities system; and
148.29 	(6) private practicing dentists if:
148.30 	(i) the dentist's office is located within a health professional shortage area as defined 
148.31 	under Code of Federal Regulations, title 42, part 5, and United States Code, title 42, 
148.32 	section 254E;
148.33 	(ii) more than 50 percent of the dentist's patient encounters per year are with patients 
148.34 	who are uninsured or covered by medical assistance or MinnesotaCare;
148.35 	(iii) the dentist does not restrict access or services because of a patient's financial 
148.36 	limitations or public assistance status; and
149.1 	(iv) the level of service provided by the dentist is critical to maintaining adequate 
149.2 	levels of patient access within the service area in which the dentist operates.
149.3 	(c) (e) A designated critical access clinic shall receive the reimbursement rate 
149.4 	specified in paragraph (a) for dental services provided off site at a private dental office if 
149.5 	the following requirements are met:
149.6 	(1) the designated critical access dental clinic is located within a health professional 
149.7 	shortage area as defined under Code of Federal Regulations, title 42, part 5, and United 
149.8 	States Code, title 42, section 254E, and is located outside the seven-county metropolitan 
149.9 	area;
149.10 	(2) the designated critical access dental clinic is not able to provide the service 
149.11 	and refers the patient to the off-site dentist;
149.12 	(3) the service, if provided at the critical access dental clinic, would be reimbursed 
149.13 	at the critical access reimbursement rate;
149.14 	(4) the dentist and allied dental professionals providing the services off site are 
149.15 	licensed and in good standing under chapter 150A;
149.16 	(5) the dentist providing the services is enrolled as a medical assistance provider;
149.17 	(6) the critical access dental clinic submits the claim for services provided off site 
149.18 	and receives the payment for the services; and
149.19 	(7) the critical access dental clinic maintains dental records for each claim submitted 
149.20 	under this paragraph, including the name of the dentist, the off-site location, and the 
149.21 	license number of the dentist and allied dental professionals providing the services.

149.22 	Sec. 17. [256B.79] INTEGRATED CARE FOR HIGH-RISK PREGNANT 
149.23 	WOMEN.
149.24 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
149.25 	have the meanings given them.
149.26 	(b) "Adverse outcomes" means maternal opiate addiction, other reportable prenatal 
149.27 	substance abuse, low birth weight, or preterm birth.
149.28 	(c) "Qualified integrated perinatal care collaborative" or "collaborative" means 
149.29 	a combination of (1) members of community-based organizations that represent 
149.30 	communities within the identified targeted populations, and (2) local or tribally based 
149.31 	service entities, including health care, public health, social services, mental health, 
149.32 	chemical dependency treatment, and community-based providers, determined by the 
149.33 	commissioner to meet the criteria for the provision of integrated care and enhanced 
149.34 	services for enrollees within targeted populations.
150.1 	(d) "Targeted populations" means pregnant medical assistance enrollees residing 
150.2 	in geographic areas identified by the commissioner as being at above-average risk for 
150.3 	adverse outcomes.
150.4 		Subd. 2.Pilot program established. The commissioner shall implement a pilot 
150.5 	program to improve birth outcomes and strengthen early parental resilience for pregnant 
150.6 	women who are medical assistance enrollees, are at significantly elevated risk for adverse 
150.7 	outcomes of pregnancy, and are in targeted populations. The program must promote the 
150.8 	provision of integrated care and enhanced services to these pregnant women, including 
150.9 	postpartum coordination to ensure ongoing continuity of care, by qualified integrated 
150.10 	perinatal care collaboratives. 
150.11 		Subd. 3.Grant awards. The commissioner shall award grants to qualifying 
150.12 	applicants to support interdisciplinary, integrated perinatal care. Grants must be awarded 
150.13 	beginning July 1, 2016. Grant funds must be distributed through a request for proposals 
150.14 	process to a designated lead agency within an entity that has been determined to be a 
150.15 	qualified integrated perinatal care collaborative or within an entity in the process of 
150.16 	meeting the qualifications to become a qualified integrated perinatal care collaborative. 
150.17 	Grant awards must be used to support interdisciplinary, team-based needs assessments, 
150.18 	planning, and implementation of integrated care and enhanced services for targeted 
150.19 	populations. In determining grant award amounts, the commissioner shall consider the 
150.20 	identified health and social risks linked to adverse outcomes and attributed to enrollees 
150.21 	within the identified targeted population.
150.22 		Subd. 4.Eligibility for grants. To be eligible for a grant under this section, an 
150.23 	entity must show that the entity meets or is in the process of meeting qualifications 
150.24 	established by the commissioner to be a qualified integrated perinatal care collaborative. 
150.25 	These qualifications must include evidence that the entity has or is in the process of 
150.26 	developing policies, services, and partnerships to support interdisciplinary, integrated care. 
150.27 	The policies, services, and partnerships must meet specific criteria and be approved by the 
150.28 	commissioner. The commissioner shall establish a process to review the collaborative's 
150.29 	capacity for interdisciplinary, integrated care, to be reviewed at the commissioner's 
150.30 	discretion. In determining whether the entity meets the qualifications for a qualified 
150.31 	integrated perinatal care collaborative, the commissioner shall verify and review whether 
150.32 	the entity's policies, services, and partnerships:
150.33 	(1) optimize early identification of drug and alcohol dependency and abuse during 
150.34 	pregnancy, effectively coordinate referrals and follow-up of identified patients to 
150.35 	evidence-based or evidence-informed treatment, and integrate perinatal care services with 
150.36 	behavioral health and substance abuse services;
151.1 	(2) enhance access to, and effective use of, needed health care or tribal health care 
151.2 	services, public health or tribal public health services, social services, mental health 
151.3 	services, chemical dependency services, or services provided by community-based 
151.4 	providers by bridging cultural gaps within systems of care and by integrating 
151.5 	community-based paraprofessionals such as doulas and community health workers as 
151.6 	routinely available service components;
151.7 	(3) encourage patient education about prenatal care, birthing, and postpartum 
151.8 	care, and document how patient education is provided. Patient education may include 
151.9 	information on nutrition, reproductive life planning, breastfeeding, and parenting;
151.10 	(4) integrate child welfare case planning with substance abuse treatment planning 
151.11 	and monitoring, as appropriate;
151.12 	(5) effectively systematize screening, collaborative care planning, referrals, and 
151.13 	follow up for behavioral and social risks know to be associated with adverse outcomes 
151.14 	and known to be prevalent within the targeted populations;
151.15 	(6) facilitate ongoing continuity of care to include postpartum coordination and 
151.16 	referrals for interconception care, continued treatment for substance abuse, identification 
151.17 	and referrals for maternal depression and other chronic mental health conditions, 
151.18 	continued medication management for chronic diseases, and appropriate referrals to tribal 
151.19 	or county-based social services agencies and tribal or county-based public health nursing 
151.20 	services; and
151.21 	(7) implement ongoing quality improvement activities as determined by the 
151.22 	commissioner, including collection and use of data from qualified providers on metrics 
151.23 	of quality such as health outcomes and processes of care, and the use of other data that 
151.24 	has been collected by the commissioner.
151.25 		Subd. 5.Gaps in communication, support, and care. A collaborative receiving 
151.26 	a grant under this section must develop means of identifying and reporting gaps in the 
151.27 	collaborative's communication, administrative support, and direct care that must be 
151.28 	remedied for the collaborative to effectively provide integrated care and enhanced services 
151.29 	to targeted populations.
151.30 		Subd. 6.Report. By January 31, 2019, the commissioner shall report to the chairs 
151.31 	and ranking minority members of the legislative committees with jurisdiction over health 
151.32 	and human services policy and finance on the status and progress of the pilot program. 
151.33 	The report must:
151.34 	(1) describe the capacity of collaboratives receiving grants under this section;
151.35 	(2) contain aggregate information about enrollees served within targeted populations;
151.36 	(3) describe the utilization of enhanced prenatal services;
152.1 	(4) for enrollees identified with maternal substance use disorders, describe the 
152.2 	utilization of substance use treatment and dispositions of any child protection cases;
152.3 	(5) contain data on outcomes within targeted populations and compare these 
152.4 	outcomes to outcomes statewide, using standard categories of race and ethnicity; and
152.5 	(6) include recommendations for continuing the program or sustaining improvements 
152.6 	through other means beyond June 30, 2019.
152.7 		Subd. 7.Expiration. This section expires June 30, 2019.

152.8 	Sec. 18. Minnesota Statutes 2014, section 256L.01, subdivision 3a, is amended to read:
152.9 		Subd. 3a.Family. (a) Except as provided in paragraphs (c) and (d), "family" has 
152.10 	the meaning given for family and family size as defined in Code of Federal Regulations, 
152.11 	title 26, section 1.36B-1.
152.12 	(b) The term includes children who are temporarily absent from the household in 
152.13 	settings such as schools, camps, or parenting time with noncustodial parents.
152.14 	(c) For an individual who does not expect to file a federal tax return and does not 
152.15 	expect to be claimed as a dependent for the applicable tax year, "family" has the meaning 
152.16 	given in Code of Federal Regulations, title 42, section 435.603(f)(3).
152.17 	(d) For a married couple, "family" has the meaning given in Code of Federal 
152.18 	Regulations, title 42, section 435.603(f)(4).

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

152.20 	Sec. 19. Minnesota Statutes 2014, section 256L.01, subdivision 5, is amended to read:
152.21 		Subd. 5.Income.  "Income" has the meaning given for modified adjusted gross 
152.22 	income, as defined in Code of Federal Regulations, title 26, section 1.36B-1., and means a 
152.23 	household's projected annual income for the applicable tax year

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

152.25 	Sec. 20. Minnesota Statutes 2014, section 256L.03, subdivision 5, is amended to read:
152.26 		Subd. 5.Cost-sharing. (a) Except as otherwise provided in this subdivision, the 
152.27 	MinnesotaCare benefit plan shall include the following cost-sharing requirements for all 
152.28 	enrollees:
152.29 	(1) $3 per prescription for adult enrollees;
152.30 	(2) $25 for eyeglasses for adult enrollees;
152.31 	(3) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an 
152.32 	episode of service which is required because of a recipient's symptoms, diagnosis, or 
153.1 	established illness, and which is delivered in an ambulatory setting by a physician or 
153.2 	physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse, 
153.3 	audiologist, optician, or optometrist;
153.4 	(4) $6 for nonemergency visits to a hospital-based emergency room for services 
153.5 	provided through December 31, 2010, and $3.50 effective January 1, 2011; and
153.6 	(5) a family deductible equal to the maximum amount allowed under Code of 
153.7 	Federal Regulations, title 42, part 447.54. $2.75 per month per family and adjusted 
153.8 	annually by the percentage increase in the medical care component of the CPI-U for 
153.9 	the period of September to September of the preceding calendar year, rounded to the 
153.10 	next-higher five cent increment.
153.11 	(b) Paragraph (a) does not apply to children under the age of 21 and to American 
153.12 	Indians as defined in Code of Federal Regulations, title 42, section 447.51.
153.13 	(c) Paragraph (a), clause (3), does not apply to mental health services.
153.14 	(d) MinnesotaCare reimbursements to fee-for-service providers and payments to 
153.15 	managed care plans or county-based purchasing plans shall not be increased as a result of 
153.16 	the reduction of the co-payments in paragraph (a), clause (4), effective January 1, 2011.
153.17 	(e) The commissioner, through the contracting process under section 256L.12, 
153.18 	may allow managed care plans and county-based purchasing plans to waive the family 
153.19 	deductible under paragraph (a), clause (5). The value of the family deductible shall not be 
153.20 	included in the capitation payment to managed care plans and county-based purchasing 
153.21 	plans. Managed care plans and county-based purchasing plans shall certify annually to the 
153.22 	commissioner the dollar value of the family deductible.
153.23 	(f) The commissioner shall increase co-payments for covered services in a manner 
153.24 	sufficient to reduce the actuarial value of the benefit to 94 percent. The cost-sharing 
153.25 	charges described in this paragraph do not apply to eligible recipients or services exempt 
153.26 	from cost-sharing under state law. The cost-sharing changes described in this paragraph 
153.27 	shall not be implemented prior to January 1, 2016.
153.28 	(g) The cost-sharing changes authorized under paragraph (f) must satisfy the 
153.29 	requirements for cost-sharing under the Basic Health Program as set forth in Code of 
153.30 	Federal Regulations, title 42, sections 600.510 and 600.520.

153.31 	EFFECTIVE DATE. The amendment to paragraph (a), clause (5), is effective 
153.32 	retroactively from January 1, 2014. The amendment to paragraph (b) is effective the 
153.33 	day following final enactment.

153.34 	Sec. 21. Minnesota Statutes 2014, section 256L.04, subdivision 1a, is amended to read:
154.1 		Subd. 1a.Social Security number required. (a) Individuals and families applying 
154.2 	for MinnesotaCare coverage must provide a Social Security number if required in Code of 
154.3 	Federal Regulations, title 45, section 155.310(a)(3).
154.4 	(b) The commissioner shall not deny eligibility to an otherwise eligible applicant 
154.5 	who has applied for a Social Security number and is awaiting issuance of that Social 
154.6 	Security number.
154.7 	(c) Newborns enrolled under section 256L.05, subdivision 3, are exempt from the 
154.8 	requirements of this subdivision.
154.9 	(d) Individuals who refuse to provide a Social Security number because of 
154.10 	well-established religious objections are exempt from the requirements of this subdivision. 
154.11 	The term "well-established religious objections" has the meaning given in Code of Federal 
154.12 	Regulations, title 42, section 435.910.

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

154.14 	Sec. 22. Minnesota Statutes 2014, section 256L.04, subdivision 1c, is amended to read:
154.15 		Subd. 1c.General requirements. To be eligible for coverage under MinnesotaCare, 
154.16 	a person must meet the eligibility requirements of this section. A person eligible for 
154.17 	MinnesotaCare shall not be considered a qualified individual under section 1312 of the 
154.18 	Affordable Care Act, and is not eligible for enrollment in a qualified health plan offered 
154.19 	through MNsure under chapter 62V.

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

154.21 	Sec. 23. Minnesota Statutes 2014, section 256L.04, subdivision 7b, is amended to read:
154.22 		Subd. 7b.Annual income limits adjustment. The commissioner shall adjust the 
154.23 	income limits under this section each July 1 by the annual update of the federal poverty 
154.24 	guidelines following publication by the United States Department of Health and Human 
154.25 	Services except that the income standards shall not go below those in effect on July 1, 
154.26 	2009 annually on January 1 as provided in Code of Federal Regulations, title 26, section 
154.27 	1.36B-1(h).

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

154.29 	Sec. 24. Minnesota Statutes 2014, section 256L.04, subdivision 10, is amended to read:
154.30 		Subd. 10.Citizenship requirements. (a) Eligibility for MinnesotaCare is limited 
154.31 	to citizens or nationals of the United States and lawfully present noncitizens as defined 
154.32 	in Code of Federal Regulations, title 8 45, section 103.12 152.2. Undocumented 
155.1 	noncitizens are ineligible for MinnesotaCare. For purposes of this subdivision, an 
155.2 	undocumented noncitizen is an individual who resides in the United States without the 
155.3 	approval or acquiescence of the United States Citizenship and Immigration Services. 
155.4 	Families with children who are citizens or nationals of the United States must cooperate in 
155.5 	obtaining satisfactory documentary evidence of citizenship or nationality according to the 
155.6 	requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
155.7 	(b) Notwithstanding subdivisions 1 and 7, eligible persons include families and 
155.8 	individuals who are lawfully present and ineligible for medical assistance by reason of 
155.9 	immigration status and who have incomes equal to or less than 200 percent of federal 
155.10 	poverty guidelines.

155.11 	Sec. 25. Minnesota Statutes 2014, section 256L.05, is amended by adding a subdivision 
155.12 	to read:
155.13 		Subd. 2a.Eligibility and coverage. For purposes of this chapter, an individual 
155.14 	is eligible for MinnesotaCare following a determination by the commissioner that the 
155.15 	individual meets the eligibility criteria for the applicable period of eligibility. For an 
155.16 	individual required to pay a premium, coverage is only available in each month of the 
155.17 	applicable period of eligibility for which a premium is paid.

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

155.19 	Sec. 26. Minnesota Statutes 2014, section 256L.05, subdivision 3, is amended to read:
155.20 		Subd. 3.Effective date of coverage. (a) The effective date of coverage is the first 
155.21 	day of the month following the month in which eligibility is approved and the first premium 
155.22 	payment has been received. The effective date of coverage for new members added to the 
155.23 	family is the first day of the month following the month in which the change is reported. All 
155.24 	eligibility criteria must be met by the family at the time the new family member is added. 
155.25 	The income of the new family member is included with the family's modified adjusted gross 
155.26 	income and the adjusted premium begins in the month the new family member is added.
155.27 	(b) The initial premium must be received by the last working day of the month for 
155.28 	coverage to begin the first day of the following month.
155.29 	(c) Notwithstanding any other law to the contrary, benefits under sections 256L.01 to 
155.30 	256L.18 are secondary to a plan of insurance or benefit program under which an eligible 
155.31 	person may have coverage and the commissioner shall use cost avoidance techniques to 
155.32 	ensure coordination of any other health coverage for eligible persons. The commissioner 
155.33 	shall identify eligible persons who may have coverage or benefits under other plans of 
155.34 	insurance or who become eligible for medical assistance.
156.1 	(d) The effective date of coverage for individuals or families who are exempt from 
156.2 	paying premiums under section 256L.15, subdivision 1, paragraph (c), is the first day of 
156.3 	the month following the month in which verification of American Indian status is received 
156.4 	or eligibility is approved, whichever is later.

156.5 	Sec. 27. Minnesota Statutes 2014, section 256L.05, subdivision 3a, is amended to read:
156.6 		Subd. 3a.Renewal Redetermination of eligibility. (a) Beginning July 1, 2007, An 
156.7 	enrollee's eligibility must be renewed every 12 months redetermined on an annual basis. 
156.8 	The 12-month period begins in the month after the month the application is approved. The 
156.9 	period of eligibility is the entire calendar year following the year in which eligibility is 
156.10 	redetermined. Beginning in calendar year 2015, eligibility redeterminations shall occur 
156.11 	during the open enrollment period for qualified health plans as specified in Code of 
156.12 	Federal Regulations, title 45, section 155.410.
156.13 	(b) Each new period of eligibility must take into account any changes in 
156.14 	circumstances that impact eligibility and premium amount. An enrollee must provide all 
156.15 	the information needed to redetermine eligibility by the first day of the month that ends 
156.16 	the eligibility period. The premium for the new period of eligibility must be received
156.17 	Coverage begins as provided in section 256L.06in order for eligibility to continue.
156.18 	(c) For children enrolled in MinnesotaCare, the first period of renewal begins the 
156.19 	month the enrollee turns 21 years of age.

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

156.21 	Sec. 28. Minnesota Statutes 2014, section 256L.05, subdivision 4, is amended to read:
156.22 		Subd. 4.Application processing. The commissioner of human services shall 
156.23 	determine an applicant's eligibility for MinnesotaCare no more than 30 45 days from the 
156.24 	date that the application is received by the Department of Human Services as set forth in 
156.25 	Code of Federal Regulations, title 42, section 435.912. Beginning January 1, 2000, this 
156.26 	requirement also applies to local county human services agencies that determine eligibility 
156.27 	for MinnesotaCare.

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

156.29 	Sec. 29. Minnesota Statutes 2014, section 256L.06, subdivision 3, is amended to read:
156.30 		Subd. 3.Commissioner's duties and payment. (a) Premiums are dedicated to the 
156.31 	commissioner for MinnesotaCare.
157.1 	(b) The commissioner shall develop and implement procedures to: (1) require 
157.2 	enrollees to report changes in income; (2) adjust sliding scale premium payments, based 
157.3 	upon both increases and decreases in enrollee income, at the time the change in income 
157.4 	is reported; and (3) disenroll enrollees from MinnesotaCare for failure to pay required 
157.5 	premiums. Failure to pay includes payment with a dishonored check, a returned automatic 
157.6 	bank withdrawal, or a refused credit card or debit card payment. The commissioner may 
157.7 	demand a guaranteed form of payment, including a cashier's check or a money order, as 
157.8 	the only means to replace a dishonored, returned, or refused payment.
157.9 	(c) Premiums are calculated on a calendar month basis and may be paid on a 
157.10 	monthly, quarterly, or semiannual basis, with the first payment due upon notice from the 
157.11 	commissioner of the premium amount required. The commissioner shall inform applicants 
157.12 	and enrollees of these premium payment options. Premium payment is required before 
157.13 	enrollment is complete and to maintain eligibility in MinnesotaCare. Premium payments 
157.14 	received before noon are credited the same day. Premium payments received after noon 
157.15 	are credited on the next working day.
157.16 	(d) Nonpayment of the premium will result in disenrollment from the plan 
157.17 	effective for the calendar month following the month for which the premium was due. 
157.18 	Persons disenrolled for nonpayment who pay all past due premiums as well as current 
157.19 	premiums due, including premiums due for the period of disenrollment, within 20 days of 
157.20 	disenrollment, shall be reenrolled retroactively to the first day of disenrollment may not 
157.21 	reenroll prior to the first day of the month following the payment of an amount equal to 
157.22 	two months' premiums.

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

157.24 	Sec. 30. Minnesota Statutes 2014, section 256L.11, subdivision 7, is amended to read:
157.25 		Subd. 7.Critical access dental providers. (a) Effective for dental services provided 
157.26 	to MinnesotaCare enrollees on or after January 1, 2007, through August 31, 2011, the 
157.27 	commissioner shall increase payment rates to dentists and dental clinics deemed by the 
157.28 	commissioner to be critical access providers under section 256B.76, subdivision 4, by 50 
157.29 	percent above the payment rate that would otherwise be paid to the provider. Effective for 
157.30 	dental services provided on or after September 1, 2011, the commissioner shall increase 
157.31 	the payment rate by 30 percent above the payment rate that would otherwise be paid to 
157.32 	the provider. The commissioner shall pay the prepaid health plans under contract with 
157.33 	the commissioner amounts sufficient to reflect this rate increase. The prepaid health plan 
157.34 	must pass this rate increase to providers who have been identified by the commissioner as 
157.35 	critical access dental providers under section 256B.76, subdivision 4.
158.1 	(b) Effective for services provided on or after January 1, 2016, the commissioner 
158.2 	shall no longer provide a critical access dental add-on in the MinnesotaCare program.

158.3 	Sec. 31. Minnesota Statutes 2014, section 256L.121, subdivision 1, is amended to read:
158.4 		Subdivision 1.Competitive process. The commissioner of human services shall 
158.5 	establish a competitive process for entering into contracts with participating entities for 
158.6 	the offering of standard health plans through MinnesotaCare. Coverage through standard 
158.7 	health plans must be available to enrollees beginning January 1, 2015. Each standard 
158.8 	health plan must cover the health services listed in and meet the requirements of section 
158.9 	256L.03. The competitive process must meet the requirements of section 1331 of the 
158.10 	Affordable Care Act and be designed to ensure enrollee access to high-quality health care 
158.11 	coverage options. The commissioner, to the extent feasible, shall seek to ensure that 
158.12 	enrollees have a choice of coverage from more than one participating entity within a 
158.13 	geographic area. In counties that were part of a county-based purchasing plan on January 
158.14 	1, 2013, the commissioner shall use the medical assistance competitive procurement 
158.15 	process under section 256B.69, subdivisions 1 to 32, under which selection of entities is 
158.16 	based on criteria related to provider network access, coordination of health care with other 
158.17 	local services, alignment with local public health goals, and other factors.

158.18 	Sec. 32. Minnesota Statutes 2014, section 256L.15, subdivision 2, is amended to read:
158.19 		Subd. 2.Sliding fee scale; monthly individual or family income. (a) The 
158.20 	commissioner shall establish a sliding fee scale to determine the percentage of monthly 
158.21 	individual or family income that households at different income levels must pay to obtain 
158.22 	coverage through the MinnesotaCare program. The sliding fee scale must be based on the 
158.23 	enrollee's monthly individual or family income.
158.24 	(b) Beginning Between January 1, 2014, and December 31, 2015, MinnesotaCare 
158.25 	enrollees shall pay premiums according to the premium scale specified in paragraph (c) 
158.26 	with the exception that children 20 years of age and younger in families with income at or 
158.27 	below 200 percent of the federal poverty guidelines shall pay no premiums (d). Beginning 
158.28 	January 1, 2016, MinnesotaCare enrollees shall pay premiums according to the premium 
158.29 	scale specified in paragraph (e).
158.30 	(c) Paragraph (b) does not apply to:
158.31 	(1) children 20 years of age or younger; and
158.32 	(2) individuals with household incomes below 35 percent of the federal poverty 
158.33 	guidelines.
159.1 	(c) (d) The following premium scale is established for each individual in the 
159.2 	household who is 21 years of age or older and enrolled in MinnesotaCare:

159.3
159.4	Federal Poverty Guideline 
Greater than or Equal to
	Less than
	Individual Premium 
Amount
	
159.5	0% 35%
	55%
	$4
	
159.6	55%
	80%
	$6
	
159.7	80%
	90%
	$8
	
159.8	90%
	100%
	$10
	
159.9	100%
	110%
	$12
	
159.10	110%
	120%
	$15 $14
	
159.11	120%
	130%
	$18 $15
	
159.12	130%
	140%
	$21 $16
	
159.13	140%
	150%
	$25
	
159.14	150%
	160%
	$29
	
159.15	160%
	170%
	$33
	
159.16	170%
	180%
	$38
	
159.17	180%
	190%
	$43
	
159.18	190%
		$50
	
159.19 	(e) Beginning January 1, 2016, the following premium scale is established for each 
159.20 	individual in the household who is 21 years of age or older and enrolled in MinnesotaCare:

159.21
159.22	Federal Poverty Guideline 
Greater than or Equal to
	Less than
	Individual Premium 
Amount
	
159.23	35%
	55%
	$4
	
159.24	55%
	80%
	$6
	
159.25	80%
	90%
	$8
	
159.26	90%
	100%
	$10
	
159.27	100%
	110%
	$12
	
159.28	110%
	120%
	$14
	
159.29	120%
	130%
	$15
	
159.30	130%
	140%
	$16
	
159.31	140%
	150%
	$25
	
159.32	150%
	160%
	$36
	
159.33	160%
	170%
	$42
	
159.34	170%
	180%
	$51
	
159.35	180%
	190%
	$58
	
159.36	190%
		$68

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

159.38 	Sec. 33. Minnesota Statutes 2014, section 282.241, subdivision 1, is amended to read:
159.39 		Subdivision 1.Repurchase requirements. The owner at the time of forfeiture, or 
159.40 	the owner's heirs, devisees, or representatives, or any person to whom the right to pay 
160.1 	taxes was given by statute, mortgage, or other agreement, may repurchase any parcel 
160.2 	of land claimed by the state to be forfeited to the state for taxes unless before the time 
160.3 	repurchase is made the parcel is sold under installment payments, or otherwise, by the 
160.4 	state as provided by law, or is under mineral prospecting permit or lease, or proceedings 
160.5 	have been commenced by the state or any of its political subdivisions or by the United 
160.6 	States to condemn the parcel of land. The parcel of land may be repurchased for the sum 
160.7 	of all delinquent taxes and assessments computed under section 282.251, together with 
160.8 	penalties, interest, and costs, that accrued or would have accrued if the parcel of land had 
160.9 	not forfeited to the state. Except for property which was homesteaded on the date of 
160.10 	forfeiture, repurchase is permitted during one year only from the date of forfeiture, and in 
160.11 	any case only after the adoption of a resolution by the board of county commissioners 
160.12 	determining that by repurchase undue hardship or injustice resulting from the forfeiture 
160.13 	will be corrected, or that permitting the repurchase will promote the use of the lands that 
160.14 	will best serve the public interest. If the county board has good cause to believe that 
160.15 	a repurchase installment payment plan for a particular parcel is unnecessary and not 
160.16 	in the public interest, the county board may require as a condition of repurchase that 
160.17 	the entire repurchase price be paid at the time of repurchase. A repurchase is subject 
160.18 	to any encumbrance allowed under section 256B.15 or 514.981, and to any easement, 
160.19 	lease, or other encumbrance granted by the state before the repurchase, and if the land is 
160.20 	located within a restricted area established by any county under Laws 1939, chapter 340, 
160.21 	the repurchase must not be permitted unless the resolution approving the repurchase is 
160.22 	adopted by the unanimous vote of the board of county commissioners.
160.23 	The person seeking to repurchase under this section shall pay all maintenance costs 
160.24 	incurred by the county auditor during the time the property was tax-forfeited.

160.25 	Sec. 34. Minnesota Statutes 2014, section 297A.70, subdivision 7, is amended to read:
160.26 		Subd. 7.Hospitals, outpatient surgical centers, and critical access dental 
160.27 	providers. (a) Sales, except for those listed in paragraph (d), to a hospital are exempt, 
160.28 	if the items purchased are used in providing hospital services. For purposes of this 
160.29 	subdivision, "hospital" means a hospital organized and operated for charitable purposes 
160.30 	within the meaning of section 501(c)(3) of the Internal Revenue Code, and licensed under 
160.31 	chapter 144 or by any other jurisdiction, and "hospital services" are services authorized or 
160.32 	required to be performed by a "hospital" under chapter 144.
160.33 	(b) Sales, except for those listed in paragraph (d), to an outpatient surgical center 
160.34 	are exempt, if the items purchased are used in providing outpatient surgical services. For 
160.35 	purposes of this subdivision, "outpatient surgical center" means an outpatient surgical 
161.1 	center organized and operated for charitable purposes within the meaning of section 
161.2 	501(c)(3) of the Internal Revenue Code, and licensed under chapter 144 or by any other 
161.3 	jurisdiction. For the purposes of this subdivision, "outpatient surgical services" means: 
161.4 	(1) services authorized or required to be performed by an outpatient surgical center under 
161.5 	chapter 144; and (2) urgent care. For purposes of this subdivision, "urgent care" means 
161.6 	health services furnished to a person whose medical condition is sufficiently acute to 
161.7 	require treatment unavailable through, or inappropriate to be provided by, a clinic or 
161.8 	physician's office, but not so acute as to require treatment in a hospital emergency room.
161.9 	(c) Sales, except for those listed in paragraph (d), to a critical access dental provider 
161.10 	are exempt, if the items purchased are used in providing critical access dental care 
161.11 	services. For the purposes of this subdivision, "critical access dental provider" means a 
161.12 	dentist or dental clinic that qualifies under section 256B.76, subdivision 4, paragraph (b)
161.13 	(d), and, in the previous calendar year, had no more than 15 percent of its patients covered 
161.14 	by private dental insurance.
161.15 	(d) This exemption does not apply to the following products and services:
161.16 	(1) purchases made by a clinic, physician's office, or any other medical facility not 
161.17 	operating as a hospital, outpatient surgical center, or critical access dental provider, even 
161.18 	though the clinic, office, or facility may be owned and operated by a hospital, outpatient 
161.19 	surgical center, or critical access dental provider;
161.20 	(2) sales under section 297A.61, subdivision 3, paragraph (g), clause (2), and 
161.21 	prepared food, candy, and soft drinks;
161.22 	(3) building and construction materials used in constructing buildings or facilities 
161.23 	that will not be used principally by the hospital, outpatient surgical center, or critical 
161.24 	access dental provider;
161.25 	(4) building, construction, or reconstruction materials purchased by a contractor or a 
161.26 	subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed 
161.27 	maximum price covering both labor and materials for use in the construction, alteration, or 
161.28 	repair of a hospital, outpatient surgical center, or critical access dental provider; or
161.29 	(5) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11.
161.30 	(e) A limited liability company also qualifies for exemption under this subdivision if 
161.31 	(1) it consists of a sole member that would qualify for the exemption, and (2) the items 
161.32 	purchased qualify for the exemption.
161.33 	(f) An entity that contains both a hospital and a nonprofit unit may claim this 
161.34 	exemption on purchases made for both the hospital and nonprofit unit provided that:
161.35 	(1) the nonprofit unit would have qualified for exemption under subdivision 4; and
161.36 	(2) the items purchased would have qualified for the exemption.

162.1 	Sec. 35. Minnesota Statutes 2014, section 514.73, is amended to read:
162.2 	514.73 LIENS ASSIGNABLE.
162.3 		Subdivision 1.Assignment. All liens given by this chapter or section 256B.15 are 
162.4 	assignable and may be asserted and enforced by the assignee, by the assignee's successor or 
162.5 	assigns, or by the personal representative of any holder thereof in case of the holder's death.
162.6 		Subd. 2.Redemption. The redemption rights of all liens given by section 256B.15 
162.7 	or sections 514.980 to 514.985 are assignable together with all or a portion of any of the 
162.8 	claims secured by those liens and may be asserted and enforced by the assignee,or the 
162.9 	assignee's successor or assigns.
162.10 		Subd. 3.Lien payoff information. The commissioner or a duly authorized agent of 
162.11 	the commissioner may determine and disclose the amount of the outstanding obligation to 
162.12 	be secured by a lien when a lien or redemption right is assigned .

162.13 	Sec. 36. Minnesota Statutes 2014, section 514.981, subdivision 2, is amended to read:
162.14 		Subd. 2.Attachment. (a) A medical assistance lien attaches and becomes 
162.15 	enforceable against specific real property as of the date when the following conditions 
162.16 	are met:
162.17 	(1) payments have been made by an agency for a medical assistance benefit;
162.18 	(2) notice and an opportunity for a hearing have been provided under paragraph (b);
162.19 	(3) a lien notice has been filed as provided in section 514.982;
162.20 	(4) if the property is registered property, the lien notice has been memorialized on 
162.21 	the certificate of title of the property affected by the lien notice; and
162.22 	(5) all restrictions against enforcement have ceased to apply.
162.23 	(b) An agency may not file a medical assistance lien notice until the medical 
162.24 	assistance recipient or the recipient's legal representative has been sent, by certified or 
162.25 	registered mail, written notice of the agency's lien rights and there has been an opportunity 
162.26 	for a hearing under section 256.045. In addition, the agency may not file a lien notice 
162.27 	unless the agency determines as medically verified by the recipient's attending physician 
162.28 	that the medical assistance recipient cannot reasonably be expected to be discharged from 
162.29 	a medical institution and return home or the medical assistance recipient has resided in a 
162.30 	medical institution for six months or longer.
162.31 	(c) An agency may not file a medical assistance lien notice against real property 
162.32 	while it is the home of the recipient's spouse.
162.33 	(d) An agency may not file a medical assistance lien notice against real property that 
162.34 	was the homestead of the medical assistance recipient or the recipient's spouse when the 
163.1 	medical assistance recipient received medical institution services if any of the following 
163.2 	persons are lawfully residing in the property:
163.3 	(1) a child of the medical assistance recipient if the child is under age 21 or is blind or 
163.4 	permanently and totally disabled according to the Supplemental Security Income criteria;
163.5 	(2) a child of the medical assistance recipient if the child resided in the homestead 
163.6 	for at least two years immediately before the date the medical assistance recipient received 
163.7 	medical institution services, and the child provided care to the medical assistance recipient 
163.8 	that permitted the recipient to live without medical institution services; or
163.9 	(3) a sibling of the medical assistance recipient if the sibling has an equity interest in 
163.10 	the property and has resided in the property for at least one year immediately before the 
163.11 	date the medical assistance recipient began receiving medical institution services.
163.12 	(e) A medical assistance lien applies only to the specific real property described in 
163.13 	the lien notice.

163.14 	Sec. 37. Minnesota Statutes 2014, section 580.032, subdivision 1, is amended to read:
163.15 		Subdivision 1.Recording request for notice. A person having a redeemable 
163.16 	interest in real property under section 580.23 or 580.24, may record a request for notice 
163.17 	of a mortgage foreclosure by advertisement with the county recorder or registrar of titles 
163.18 	of the county where the property is located. To be effective for purposes of this section, 
163.19 	a request for notice must be recorded as a separate and distinct document, except a 
163.20 	mechanic's lien statement recorded pursuant to section 514.08or a lien recorded pursuant 
163.21 	to sections 256B.15 or 514.981 also constitutes constitute a request for notice if the 
163.22 	mechanic's lien statement includes a legal description of the real property and the name 
163.23 	and mailing address of the mechanic's lien claimant.

163.24 	Sec. 38. STATEWIDE OPIOID PRESCRIBING IMPROVEMENT PROGRAM.
 163.25 	The commissioner of human services, in collaboration with the commissioner of 
163.26 	health, shall report to the legislature by December 1, 2015, on recommendations made 
163.27 	by the opioid prescribing work group under Minnesota Statutes, section 256B.0638, 
163.28 	subdivision 4, and steps taken by the commissioner of human services to implement the 
163.29 	opioid prescribing improvement program under Minnesota Statutes, section 256B.0638, 
163.30 	subdivision 6.

163.31 	Sec. 39. PAYMENT SYSTEM FOR CRITICAL ACCESS DENTAL PROVIDERS.
 163.32 	The commissioner of human services, in collaboration with the Dental Services 
163.33 	Advisory Committee, shall make recommendations on modifications to the current 
164.1 	Critical Access Dental Program so that the payment system for critical access dental 
164.2 	providers is based at least 50 percent on measures of quality and outcome measures. These 
164.3 	measures may include but are not limited to provider ability to meet both preventative and 
164.4 	restorative needs of their patients, patient risk and risk reduction over time, or other dental 
164.5 	outcome measures. The commissioner shall submit recommendations to the chairs and 
164.6 	ranking minority members of the legislative committees and divisions with jurisdiction 
164.7 	over health and human services and finance by January 15, 2017.

164.8 	Sec. 40.  REPEALER.
 164.9 	(a) Minnesota Statutes 2014, sections 256.969, subdivision 30; and 256B.69, 
164.10 	subdivision 32, are repealed.
164.11 	(b) Minnesota Statutes 2014, sections 256L.02, subdivision 3; and 256L.05, 
164.12 	subdivisions 1b, 1c, 3c, and 5, are repealed effective the day following final enactment.

164.13 	ARTICLE 7
164.14 	CONTINUING CARE

164.15 	Section 1. Minnesota Statutes 2014, section 256.478, is amended to read:
164.16 	256.478 HOME AND COMMUNITY-BASED SERVICES TRANSITIONS 
164.17 	GRANTS.
164.18 	(a) The commissioner shall make available home and community-based services 
164.19 	transition grants to serve individuals who do not meet eligibility criteria for the medical 
164.20 	assistance program under section 256B.056 or 256B.057, but who otherwise meet the 
164.21 	criteria under section 256B.092, subdivision 13, or 256B.49, subdivision 24.
164.22 	(b) For the purposes of this section, the commissioner has the authority to transfer 
164.23 	funds between the medical assistance account and the home and community-based 
164.24 	services transitions grants account.

164.25 	Sec. 2. Minnesota Statutes 2014, section 256.975, subdivision 8, is amended to read:
164.26 		Subd. 8.Promotion of Establish long-term care insurance call center. Within 
164.27 	the limits of appropriations specifically for this purpose, the Minnesota Board on Aging, 
164.28 	either directly or through contract,its Senior LinkAge Line established under section 
164.29 	256.975, subdivision 7, shall promote the provision of employer-sponsored, establish 
164.30 	a long-term care call center that promotes planning for long-term care, and provides 
164.31 	information about  long-term care insurance, other long-term care financing options, and 
164.32 	resources that support Minnesotans as they age or have more long-term chronic care 
165.1 	needs. The board shall encourage private and public sector employers to make long-term 
165.2 	care insurance available to employees, provide interested employers with information 
165.3 	on the long-term care insurance product offered to state employees, and provide work 
165.4 	with a variety of stakeholders, including employers, insurance providers, brokers, or 
165.5 	other sellers of products and consumers to develop the call center. The board shall seek 
165.6 	technical assistance to employers from the commissionerin designing long-term care 
165.7 	insurance products and contacting companies offering long-term care insurance products
165.8 	for implementation of the call center.

165.9 	Sec. 3. Minnesota Statutes 2014, section 256B.092, subdivision 13, is amended to read:
165.10 		Subd. 13.Waiver allocations for transition populations. (a) The commissioner 
165.11 	shall make available additional waiver allocations and additional necessary resources 
165.12 	to assure timely discharges from the Anoka Metro Regional Treatment Center and the 
165.13 	Minnesota Security Hospital in St. Peter for individuals who meet the following criteria:
165.14 	(1) are otherwise eligible for the developmental disabilities waiver under this section;
165.15 	(2) who would otherwise remain at the Anoka Metro Regional Treatment Center or 
165.16 	the Minnesota Security Hospital;
165.17 	(3) whose discharge would be significantly delayed without the available waiver 
165.18 	allocation; and
165.19 	(4) who have met treatment objectives and no longer meet hospital level of care.
165.20 	(b) Additional waiver allocations and resources under this subdivision must meet 
165.21 	cost-effectiveness requirements of the federal approved waiver plan.
165.22 	(c) Any corporate foster care home developed under this subdivision must be 
165.23 	considered an exception under section 245A.03, subdivision 7, paragraph (a).

165.24 	Sec. 4. Minnesota Statutes 2014, section 256B.49, subdivision 24, is amended to read:
165.25 		Subd. 24.Waiver allocations for transition populations. (a) The commissioner 
165.26 	shall make available additional waiver allocations and additional necessary resources 
165.27 	to assure timely discharges from the Anoka Metro Regional Treatment Center and the 
165.28 	Minnesota Security Hospital in St. Peter for individuals who meet the following criteria:
165.29 	(1) are otherwise eligible for the brain injury, community alternatives for disabled 
165.30 	individuals, or community alternative care waivers under this section;
165.31 	(2) who would otherwise remain at the Anoka Metro Regional Treatment Center or 
165.32 	the Minnesota Security Hospital;
165.33 	(3) whose discharge would be significantly delayed without the available waiver 
165.34 	allocation or resources; and
166.1 	(4) who have met treatment objectives and no longer meet hospital level of care.
166.2 	(b) Additional waiver allocations and resources under this subdivision must meet 
166.3 	cost-effectiveness requirements of the federal approved waiver plan.
166.4 	(c) Any corporate foster care home developed under this subdivision must be 
166.5 	considered an exception under section 245A.03, subdivision 7, paragraph (a).

166.6 	Sec. 5. DEVELOPMENT OF LONG-TERM CARE; LIFE STAGE PLANNING 
166.7 	INSURANCE PRODUCT.
 166.8 	The commissioner of human services, in consultation with members of the Own 
166.9 	Your Future Advisory Council, the commissioner of commerce, and other stakeholders, 
166.10 	shall conduct research on the feasibility of creating a life stage planning insurance 
166.11 	product that merges term life insurance with long-term care insurance coverage. The 
166.12 	commissioner shall:
166.13 	(1) conduct project evaluation research with consumers;
166.14 	(2) conduct an actuarial analysis to evaluate likely levels for insurer pricing for the 
166.15 	product;
166.16 	(3) meet with insurance carriers to determine interest in pursuing the product;
166.17 	(4) identify specific state laws and regulations that may need to be amended to 
166.18 	make the product available; and
166.19 	(5) develop one or more pilot programs to market test the product.

166.20 	Sec. 6. RATE INCREASE FOR SELF-DIRECTED WORKFORCE 
166.21 	NEGOTIATIONS.
 166.22 	(a) If the labor agreement between the state of Minnesota and SEIU Healthcare 
166.23 	Minnesota according to Laws 2013, chapter 128, article 2, is ratified by the legislature, the 
166.24 	commissioner of human services shall increase reimbursement rates, grants, individual 
166.25 	budgets, or allocations by 1.53 percent for services provided on or after July 1, 2015, and 
166.26 	by an additional 0.2 percent for services provided on or after July 1, 2016, as necessary, to 
166.27 	implement and assure compliance with the provisions of the agreement.
166.28 	(b) The rate changes described in this section apply to direct support services 
166.29 	provided through a covered program, as defined in Minnesota Statutes, section 256B.0711, 
166.30 	subdivision 1.

166.31 	Sec. 7. HOME AND COMMUNITY-BASED SERVICES INCENTIVE POOL.
 166.32 	The commissioner of human services shall develop an initiative to provide 
166.33 	incentives for innovation in achieving integrated competitive employment, living in 
167.1 	the most integrated setting, and other outcomes determined by the commissioner. The 
167.2 	commissioner shall seek requests for proposals and shall contract with one or more entities 
167.3 	to provide incentive payments for meeting identified outcomes. The initial requests for 
167.4 	proposals must be issued by October 1, 2015. The commissioner of human services shall 
167.5 	submit a report by January 31, 2017, to the chairs and ranking minority members of the 
167.6 	legislative committees with jurisdiction over health and human services finance on the 
167.7 	outcomes of these projects. The report must include:
167.8 	(1) the request for proposals funds;
167.9 	(2) the amount of incentive payments authorized;
167.10 	(3) the outcomes achieved by each project; and
167.11 	(4) recommendations for further action based on the outcomes achieved.

167.12 	ARTICLE 8
167.13 	HEALTH DEPARTMENT

167.14 	Section 1. [15.445] RETAIL FOOD ESTABLISHMENT FEES.
167.15 		Subdivision 1.Fees. The fees in this section are required for retail food handler 
167.16 	and food and beverage service establishments, licensed under chapters 28A and 157. 
167.17 	Permanent retail food handler and food and beverage service establishments must pay 
167.18 	the applicable fee under subdivision 2, paragraph (a), (b), (c), or (d), and all applicable 
167.19 	fees under subdivision 4. Temporary food establishments and special events must pay the 
167.20 	applicable fee under subdivision 3. 
167.21 		Subd. 2.Permanent food establishments. (a) The Category 1 establishment 
167.22 	license fee is $210 annually. "Category 1 establishment" means an establishment that 
167.23 	does one or more of the following:
167.24 	(1) sells only prepackaged nonpotentially hazardous foods as defined in Minnesota 
167.25 	Rules, chapter 4626;
167.26 	(2) provides cleaning for eating, drinking, or cooking utensils, when the only food 
167.27 	served is prepared off-site;
167.28 	(3) operates a childcare facility licensed under section 245A.03 and Minnesota 
167.29 	Rules, chapter 9503; or
167.30 	(4) operates as a retail food handler classified in section 28A.05 and has gross annual 
167.31 	sales of $250,000 or less.
167.32 	(b) The Category 2 establishment license fee is $270 annually. "Category 2 
167.33 	establishment" means an establishment that is not a Category 1 establishment and is either:
167.34 	(1) a food establishment where the method of food preparation meets the definition 
167.35 	of a low-risk establishment in section 157.20; or
168.1 	(2) an elementary or secondary school as defined in section 120A.05.
168.2 	(c) The Category 3 establishment license fee is $460 annually. "Category 3 
168.3 	establishment" means an establishment that is not a Category 1 or 2 establishment and 
168.4 	the method of food preparation meets the definition of a medium-risk establishment in 
168.5 	section 157.20.
168.6 	(d) The Category 4 establishment license fee is $690 annually. "Category 4 
168.7 	establishment" means an establishment that is not a Category 1, 2, or 3 establishment 
168.8 	and is either:
168.9 	(1) a food establishment where the method of food preparation meets the definition 
168.10 	of a high-risk establishment in section 157.20; or
168.11 	(2) an establishment where 500 or more meals per day are prepared at one location 
168.12 	and served at one or more separate locations.
168.13 		Subd. 3.Temporary food establishments and special events. (a) The special 
168.14 	event food stand license fee is $50 annually. Special event food stand is where food is 
168.15 	prepared or served in conjunction with celebrations, county fairs, or special events from a 
168.16 	special event food stand as defined in section 157.15.
168.17 	(b) The temporary food and beverage service license fee is $210 annually. A 
168.18 	temporary food and beverage service includes food carts, mobile food units, seasonal 
168.19 	temporary food stands, retail food vehicles, portable structures, and seasonal permanent 
168.20 	food stands.
168.21 		Subd. 4. Additional applicable fees. (a) The individual private sewer or individual 
168.22 	private water license fee is $60 annually. Individual private water is a water supply other 
168.23 	than a community public water supply as covered in Minnesota Rules, chapter 4720. 
168.24 	Individual private sewer is an individual sewage treatment system which uses subsurface 
168.25 	treatment and disposal. 
168.26 	(b) The additional food or beverage service license fee is $165 annually. Additional 
168.27 	food or beverage service is a location at a food service establishment, other than the 
168.28 	primary food preparation and service area, used to prepare or serve food or beverages to 
168.29 	the public. Additional food service does not apply to school concession stands.
168.30 	(c) The large retail food handler license fee is .02 percent of gross sales or service 
168.31 	including food service with a maximum fee of $5,000 annually. Large retail food handler 
168.32 	is a fee category added to a license for retail food handlers as classified in section 28A.05 
168.33 	with gross annual sales over $10,000,000.
168.34 	(d) The specialized processing license fee is $400 annually. Specialized processing 
168.35 	is a business that performs one or more specialized processes that require a HACCP as 
168.36 	required in Minnesota Rules, chapter 4626. 

169.1 	Sec. 2. Minnesota Statutes 2014, section 62J.498, is amended to read:
169.2 	62J.498 HEALTH INFORMATION EXCHANGE.
169.3 		Subdivision 1.Definitions. The following definitions apply to sections 62J.498 to 
169.4 	62J.4982:
169.5 	(a) "Clinical data repository" means a real time database that consolidates data from 
169.6 	a variety of clinical sources to present a unified view of a single patient.
169.7 	(a) (b) "Clinical transaction" means any meaningful use transaction or other health 
169.8 	information exchange transaction that is not covered by section 62J.536.
169.9 	(b) (c) "Commissioner" means the commissioner of health.
169.10 	(c) "Direct health information exchange" means the electronic transmission of 
169.11 	health-related information through a direct connection between the electronic health 
169.12 	record systems of health care providers without the use of a health data intermediary.
169.13 	(d) "Health care provider" or "provider" means a health care provider or provider as 
169.14 	defined in section 62J.03, subdivision 8.
169.15 	(e) "Health data intermediary" means an entity that provides the infrastructure
169.16 	technical capabilities or related products and services to connect computer systems or 
169.17 	other electronic devices used by health care providers, laboratories, pharmacies, health 
169.18 	plans, third-party administrators, or pharmacy benefit managers to facilitate the secure 
169.19 	transmission of health information, including enable health information exchange among 
169.20 	health care providers that are not related health care entities as defined in section 144.291, 
169.21 	subdivision 2, paragraph (j). This includes but is not limited to: health information service 
169.22 	providers (HISP), electronic health record vendors, and pharmaceutical electronic data 
169.23 	intermediaries as defined in section 62J.495. This does not include health care providers 
169.24 	engaged in direct health information exchange.
169.25 	(f) "Health information exchange" means the electronic transmission of health-related 
169.26 	information between organizations according to nationally recognized standards.
169.27 	(g) "Health information exchange service provider" means a health data intermediary 
169.28 	or health information organization that has been issued a certificate of authority by the 
169.29 	commissioner under section 62J.4981.
169.30 	(h) "Health information organization" means an organization that oversees, governs, 
169.31 	and facilitates the health information exchange of health-related information among 
169.32 	organizations according to nationally recognized standards health care providers that are 
169.33 	not related health care entities as defined in section 144.291, subdivision 2, paragraph (j), 
169.34 	to improve coordination of patient care and the efficiency of health care delivery.
169.35 	(i) "HITECH Act" means the Health Information Technology for Economic and 
169.36 	Clinical Health Act as defined in section 62J.495.
170.1 	(j) "Major participating entity" means:
170.2 	(1) a participating entity that receives compensation for services that is greater 
170.3 	than 30 percent of the health information organization's gross annual revenues from the 
170.4 	health information exchange service provider;
170.5 	(2) a participating entity providing administrative, financial, or management services 
170.6 	to the health information organization, if the total payment for all services provided by the 
170.7 	participating entity exceeds three percent of the gross revenue of the health information 
170.8 	organization; and
170.9 	(3) a participating entity that nominates or appoints 30 percent or more of the board 
170.10 	of directors or equivalent governing body of the health information organization.
170.11 	(k) "Meaningful use" means use of certified electronic health record technology that 
170.12 	includes e-prescribing, and is connected in a manner that provides for the electronic 
170.13 	exchange of health information and used for the submission of clinical quality measures
170.14 	 to improve quality, safety, and efficiency and reduce health disparities; engage patients 
170.15 	and families; improve care coordination and population and public health; and maintain 
170.16 	privacy and security of patient health information as established by the Center for 
170.17 	Medicare and Medicaid Services and the Minnesota Department of Human Services 
170.18 	pursuant to sections 4101, 4102, and 4201 of the HITECH Act.
170.19 	(l) "Meaningful use transaction" means an electronic transaction that a health care 
170.20 	provider must exchange to receive Medicare or Medicaid incentives or avoid Medicare 
170.21 	penalties pursuant to sections 4101, 4102, and 4201 of the HITECH Act.
170.22 	(m) "Participating entity" means any of the following persons, health care providers, 
170.23 	companies, or other organizations with which a health information organization or health 
170.24 	data intermediary has contracts or other agreements for the provision of health information 
170.25 	exchange service providers services:
170.26 	(1) a health care facility licensed under sections 144.50 to 144.56, a nursing home 
170.27 	licensed under sections 144A.02 to 144A.10, and any other health care facility otherwise 
170.28 	licensed under the laws of this state or registered with the commissioner;
170.29 	(2) a health care provider, and any other health care professional otherwise licensed 
170.30 	under the laws of this state or registered with the commissioner;
170.31 	(3) a group, professional corporation, or other organization that provides the 
170.32 	services of individuals or entities identified in clause (2), including but not limited to a 
170.33 	medical clinic, a medical group, a home health care agency, an urgent care center, and 
170.34 	an emergent care center;
170.35 	(4) a health plan as defined in section 62A.011, subdivision 3; and
170.36 	(5) a state agency as defined in section 13.02, subdivision 17.
171.1 	(n) "Reciprocal agreement" means an arrangement in which two or more health 
171.2 	information exchange service providers agree to share in-kind services and resources to 
171.3 	allow for the pass-through of meaningful use clinical transactions.
171.4 	(o) "State-certified health data intermediary" means a health data intermediary that:
171.5 	has been issued a certificate of authority to operate in Minnesota.
171.6 	(1) provides a subset of the meaningful use transaction capabilities necessary for 
171.7 	hospitals and providers to achieve meaningful use of electronic health records;
171.8 	(2) is not exclusively engaged in the exchange of meaningful use transactions 
171.9 	covered by section 62J.536; and
171.10 	(3) has been issued a certificate of authority to operate in Minnesota.
171.11 	(p) "State-certified health information organization" means a nonprofit health 
171.12 	information organization that provides transaction capabilities necessary to fully support 
171.13 	clinical transactions required for meaningful use of electronic health records that has been 
171.14 	issued a certificate of authority to operate in Minnesota.
171.15 		Subd. 2.Health information exchange oversight. (a) The commissioner shall 
171.16 	protect the public interest on matters pertaining to health information exchange. The 
171.17 	commissioner shall:
171.18 	(1) review and act on applications from health data intermediaries and health 
171.19 	information organizations for certificates of authority to operate in Minnesota;
171.20 	(2) provide ongoing monitoring to ensure compliance with criteria established under 
171.21 	sections 62J.498 to 62J.4982;
171.22 	(3) respond to public complaints related to health information exchange services;
171.23 	(4) take enforcement actions as necessary, including the imposition of fines, 
171.24 	suspension, or revocation of certificates of authority as outlined in section 62J.4982;
171.25 	(5) provide a biennial report on the status of health information exchange services 
171.26 	that includes but is not limited to:
171.27 	(i) recommendations on actions necessary to ensure that health information exchange 
171.28 	services are adequate to meet the needs of Minnesota citizens and providers statewide;
171.29 	(ii) recommendations on enforcement actions to ensure that health information 
171.30 	exchange service providers act in the public interest without causing disruption in health 
171.31 	information exchange services;
171.32 	(iii) recommendations on updates to criteria for obtaining certificates of authority 
171.33 	under this section; and
171.34 	(iv) recommendations on standard operating procedures for health information 
171.35 	exchange, including but not limited to the management of consumer preferences; and
171.36 	(6) other duties necessary to protect the public interest.
172.1 	(b) As part of the application review process for certification under paragraph (a), 
172.2 	prior to issuing a certificate of authority, the commissioner shall:
172.3 	(1) hold public hearings that provide an adequate opportunity for participating 
172.4 	entities and consumers to provide feedback and recommendations on the application under 
172.5 	consideration. The commissioner shall make all portions of the application classified as 
172.6 	public data available to the public for at least ten days in advance of the hearing while 
172.7 	an application is under consideration. At the request of the commissioner, the applicant 
172.8 	shall participate in the a public hearing by presenting an overview of their application and 
172.9 	responding to questions from interested parties; and
172.10 	(2) make available all feedback and recommendations gathered at the hearing 
172.11 	available to the public prior to issuing a certificate of authority; and
172.12 	(3) consult with hospitals, physicians, and other professionals eligible to receive 
172.13 	meaningful use incentive payments or subject to penalties as established in the HITECH 
172.14 	Act, and their respective statewide associations, providers prior to issuing a certificate of 
172.15 	authority.
172.16 	(c) When the commissioner is actively considering a suspension or revocation of a 
172.17 	certificate of authority as described in section 62J.4982, subdivision 3, all investigatory 
172.18 	data that are collected, created, or maintained related to the suspension or revocation 
172.19 	are classified as confidential data on individuals and as protected nonpublic data in the 
172.20 	case of data not on individuals.
172.21 	(d) The commissioner may disclose data classified as protected nonpublic or 
172.22 	confidential under paragraph (c) if disclosing the data will protect the health or safety of 
172.23 	patients.
172.24 	(e) After the commissioner makes a final determination regarding a suspension or 
172.25 	revocation of a certificate of authority, all minutes, orders for hearing, findings of fact, 
172.26 	conclusions of law, and the specification of the final disciplinary action, are classified 
172.27 	as public data.

172.28 	Sec. 3. Minnesota Statutes 2014, section 62J.4981, is amended to read:
172.29 	62J.4981 CERTIFICATE OF AUTHORITY TO PROVIDE HEALTH 
172.30 	INFORMATION EXCHANGE SERVICES.
172.31 		Subdivision 1.Authority to require organizations to apply. The commissioner 
172.32 	shall require an entity providing health information exchange services a health data 
172.33 	intermediary or a health information organization to apply for a certificate of authority 
172.34 	under this section. An applicant may continue to operate until the commissioner acts 
172.35 	on the application. If the application is denied, the applicant is considered a health 
173.1 	information organization exchange service provider whose certificate of authority has 
173.2 	been revoked under section 62J.4982, subdivision 2, paragraph (d).
173.3 		Subd. 2.Certificate of authority for health data intermediaries. (a) A health 
173.4 	data intermediary that provides health information exchange services for the transmission 
173.5 	of one or more clinical transactions necessary for hospitals, providers, or eligible 
173.6 	professionals to achieve meaningful use must be registered with certified by the state and 
173.7 	comply with requirements established in this section.
173.8 	(b) Notwithstanding any law to the contrary, any corporation organized to do so 
173.9 	may apply to the commissioner for a certificate of authority to establish and operate as 
173.10 	a health data intermediary in compliance with this section. No person shall establish or 
173.11 	operate a health data intermediary in this state, nor sell or offer to sell, or solicit offers 
173.12 	to purchase or receive advance or periodic consideration in conjunction with a health 
173.13 	data intermediary contract unless the organization has a certificate of authority or has an 
173.14 	application under active consideration under this section.
173.15 	(c) In issuing the certificate of authority, the commissioner shall determine whether 
173.16 	the applicant for the certificate of authority has demonstrated that the applicant meets 
173.17 	the following minimum criteria:
173.18 	(1) interoperate with at least one state-certified health information organization;
173.19 	(2) provide an option for Minnesota entities to connect to their services through at 
173.20 	least one state-certified health information organization;
173.21 	(3) have a record locator service as defined in section 144.291, subdivision 2, 
173.22 	paragraph (i), that is compliant with the requirements of section 144.293, subdivision 8, 
173.23 	when conducting meaningful use transactions; and
173.24 	(4) (1) hold reciprocal agreements with at least one state-certified health information 
173.25 	organization to enable access to record locator services to find patient data, and for the 
173.26 	transmission and receipt of meaningful use clinical transactions consistent with the 
173.27 	format and content required by national standards established by Centers for Medicare 
173.28 	and Medicaid Services. Reciprocal agreements must meet the requirements established in 
173.29 	subdivision 5.; and
173.30 	(2) participate in statewide shared health information exchange services as defined 
173.31 	by the commissioner to support interoperability between state-certified health information 
173.32 	organizations and state-certified health data intermediaries.
173.33 		Subd. 3.Certificate of authority for health information organizations.
 173.34 	(a) A health information organization that provides all electronic capabilities for the 
173.35 	transmission of clinical transactions necessary for meaningful use of electronic health 
174.1 	records must obtain a certificate of authority from the commissioner and demonstrate 
174.2 	compliance with the criteria in paragraph (c).
174.3 	(b) Notwithstanding any law to the contrary, a nonprofit corporation organized to 
174.4 	do so an organization may apply for a certificate of authority to establish and operate a 
174.5 	health information organization under this section. No person shall establish or operate a 
174.6 	health information organization in this state, nor sell or offer to sell, or solicit offers 
174.7 	to purchase or receive advance or periodic consideration in conjunction with a health 
174.8 	information organization or health information contract unless the organization has a 
174.9 	certificate of authority under this section.
174.10 	(c) In issuing the certificate of authority, the commissioner shall determine whether 
174.11 	the applicant for the certificate of authority has demonstrated that the applicant meets 
174.12 	the following minimum criteria:
174.13 	(1) the entity is a legally established, nonprofit organization;
174.14 	(2) appropriate insurance, including liability insurance, for the operation of the 
174.15 	health information organization is in place and sufficient to protect the interest of the 
174.16 	public and participating entities;
174.17 	(3) strategic and operational plans clearly address governance, technical 
174.18 	infrastructure, legal and policy issues, finance, and business operations in regard to how 
174.19 	the organization will expand technical capacity of the health information organization
174.20 	to support providers in achieving meaningful use of electronic health records health 
174.21 	information exchange goals over time;
174.22 	(4) the entity addresses the parameters to be used with participating entities and 
174.23 	other health information organizations exchange service providers for meaningful use
174.24 	clinical transactions, compliance with Minnesota law, and interstate health information 
174.25 	exchange in trust agreements;
174.26 	(5) the entity's board of directors or equivalent governing body is composed of 
174.27 	members that broadly represent the health information organization's participating entities 
174.28 	and consumers;
174.29 	(6) the entity maintains a professional staff responsible to the board of directors or 
174.30 	equivalent governing body  with the capacity to ensure accountability to the organization's 
174.31 	mission;
174.32 	(7) the organization is compliant with criteria established under the Health 
174.33 	Information Exchange Accreditation Program of the Electronic Healthcare Network 
174.34 	Accreditation Commission (EHNAC) or equivalent criteria established national 
174.35 	certification and accreditation programs designated by the commissioner;
175.1 	(8) the entity maintains a the capability to query for patient information based on 
175.2 	national standards. The query capability may utilize a master patient index, clinical 
175.3 	data repository, or record locator service as defined in section 144.291, subdivision 2, 
175.4 	paragraph (i), that is. The entity must be compliant with the requirements of section 
175.5 	144.293, subdivision 8, when conducting meaningful use clinical transactions;
175.6 	(9) the organization demonstrates interoperability with all other state-certified health 
175.7 	information organizations using nationally recognized standards;
175.8 	(10) the organization demonstrates compliance with all privacy and security 
175.9 	requirements required by state and federal law; and
175.10 	(11) the organization uses financial policies and procedures consistent with generally 
175.11 	accepted accounting principles and has an independent audit of the organization's 
175.12 	financials on an annual basis.
175.13 	(d) Health information organizations that have obtained a certificate of authority must:
175.14 	(1) meet the requirements established for connecting to the Nationwide Health 
175.15 	Information Network (NHIN) within the federally mandated timeline or within a time 
175.16 	frame established by the commissioner and published in the State Register. If the state 
175.17 	timeline for implementation varies from the federal timeline, the State Register notice 
175.18 	shall include an explanation for the variation National eHealth Exchange;
175.19 	(2) annually submit strategic and operational plans for review by the commissioner 
175.20 	that address:
175.21 	(i) increasing adoption rates to include a sufficient number of participating entities to 
175.22 	achieve financial sustainability; and
175.23 	(ii) (i) progress in achieving objectives included in previously submitted strategic 
175.24 	and operational plans across the following domains: business and technical operations, 
175.25 	technical infrastructure, legal and policy issues, finance, and organizational governance;
175.26 	(3) develop and maintain a business plan that addresses:
175.27 	(i) (ii) plans for ensuring the necessary capacity to support meaningful use clinical
175.28 	transactions;
175.29 	(ii) (iii) approach for attaining financial sustainability, including public and private 
175.30 	financing strategies, and rate structures;
175.31 	(iii) (iv) rates of adoption, utilization, and transaction volume, and mechanisms to 
175.32 	support health information exchange; and
175.33 	(iv) (v) an explanation of methods employed to address the needs of community 
175.34 	clinics, critical access hospitals, and free clinics in accessing health information exchange 
175.35 	services;
176.1 	(4) annually submit a rate plan to the commissioner outlining fee structures for health 
176.2 	information exchange services for approval by the commissioner. The commissioner 
176.3 	shall approve the rate plan if it:
176.4 	(i) distributes costs equitably among users of health information services;
176.5 	(ii) provides predictable costs for participating entities;
176.6 	(iii) covers all costs associated with conducting the full range of meaningful use 
176.7 	clinical transactions, including access to health information retrieved through other 
176.8 	state-certified health information exchange service providers; and
176.9 	(iv) provides for a predictable revenue stream for the health information organization 
176.10 	and generates sufficient resources to maintain operating costs and develop technical 
176.11 	infrastructure necessary to serve the public interest;
176.12 	(5) (3) enter into reciprocal agreements with all other state-certified health 
176.13 	information organizations and state-certified health data intermediaries to enable access 
176.14 	to record locator services to find patient data, and for the transmission and receipt of 
176.15 	meaningful useclinical transactions consistent with the format and content required by 
176.16 	national standards established by Centers for Medicare and Medicaid Services. Reciprocal 
176.17 	agreements must meet the requirements in subdivision 5; and
176.18 	(4) participate in statewide shared health information exchange services as defined 
176.19 	by the commissioner to support interoperability between state-certified health information 
176.20 	organizations and state-certified health data intermediaries; and
176.21 	(6) (5) comply with additional requirements for the certification or recertification of 
176.22 	health information organizations that may be established by the commissioner.
176.23 		Subd. 4.Application for certificate of authority for health information exchange 
176.24 	service providers. (a) Each application for a certificate of authority shall be in a form 
176.25 	prescribed by the commissioner and verified by an officer or authorized representative 
176.26 	of the applicant. Each application shall include the following in addition to information 
176.27 	described in the criteria in subdivisions 2 and 3:
176.28 	(1) for health information organizations only, a copy of the basic organizational 
176.29 	document, if any, of the applicant and of each major participating entity, such as the 
176.30 	articles of incorporation, or other applicable documents, and all amendments to it;
176.31 	(2) for health information organizations only, a list of the names, addresses, and 
176.32 	official positions of the following:
176.33 	(i) all members of the board of directors or equivalent governing body, and the 
176.34 	principal officers and, if applicable, shareholders of the applicant organization; and
176.35 	(ii) all members of the board of directors or equivalent governing body, and the 
176.36 	principal officers of each major participating entity and, if applicable, each shareholder 
177.1 	beneficially owning more than ten percent of any voting stock of the major participating 
177.2 	entity;
177.3 	(3) for health information organizations only, the name and address of each 
177.4 	participating entity and the agreed-upon duration of each contract or agreement if 
177.5 	applicable;
177.6 	(4) a copy of each standard agreement or contract intended to bind the participating 
177.7 	entities and the health information organization exchange service provider. Contractual 
177.8 	provisions shall be consistent with the purposes of this section, in regard to the services to 
177.9 	be performed under the standard agreement or contract, the manner in which payment for 
177.10 	services is determined, the nature and extent of responsibilities to be retained by the health 
177.11 	information organization, and contractual termination provisions;
177.12 	(5) a copy of each contract intended to bind major participating entities and the 
177.13 	health information organization. Contract information filed with the commissioner under 
177.14 	this section shall be nonpublic as defined in section 13.02, subdivision 9;
177.15 	(6) (5) a statement generally describing the health information organization exchange 
177.16 	service provider, its health information exchange contracts, facilities, and personnel, 
177.17 	including a statement describing the manner in which the applicant proposes to provide 
177.18 	participants with comprehensive health information exchange services;
177.19 	(7) financial statements showing the applicant's assets, liabilities, and sources 
177.20 	of financial support, including a copy of the applicant's most recent certified financial 
177.21 	statement;
177.22 	(8) strategic and operational plans that specifically address how the organization 
177.23 	will expand technical capacity of the health information organization to support providers 
177.24 	in achieving meaningful use of electronic health records over time, a description of 
177.25 	the proposed method of marketing the services, a schedule of proposed charges, and a 
177.26 	financial plan that includes a three-year projection of the expenses and income and other 
177.27 	sources of future capital;
177.28 	(9) (6) a statement reasonably describing the geographic area or areas to be served 
177.29 	and the type or types of participants to be served;
177.30 	(10) (7) a description of the complaint procedures to be used as required under 
177.31 	this section;
177.32 	(11) (8) a description of the mechanism by which participating entities will have an 
177.33 	opportunity to participate in matters of policy and operation;
177.34 	(12) (9) a copy of any pertinent agreements between the health information 
177.35 	organization and insurers, including liability insurers, demonstrating coverage is in place;
178.1 	(13) (10) a copy of the conflict of interest policy that applies to all members of the 
178.2 	board of directors or equivalent governing body and the principal officers of the health 
178.3 	information organization; and
178.4 	(14) (11) other information as the commissioner may reasonably require to be 
178.5 	provided.
178.6 	(b) Within 30 45 days after the receipt of the application for a certificate of authority, 
178.7 	the commissioner shall determine whether or not the application submitted meets the 
178.8 	requirements for completion in paragraph (a), and notify the applicant of any further 
178.9 	information required for the application to be processed.
178.10 	(c) Within 90 days after the receipt of a complete application for a certificate of 
178.11 	authority, the commissioner shall issue a certificate of authority to the applicant if the 
178.12 	commissioner determines that the applicant meets the minimum criteria requirements 
178.13 	of subdivision 2 for health data intermediaries or subdivision 3 for health information 
178.14 	organizations. If the commissioner determines that the applicant is not qualified, the 
178.15 	commissioner shall notify the applicant and specify the reasons for disqualification.
178.16 	(d) Upon being granted a certificate of authority to operate as a state-certified health 
178.17 	information organization or state-certified health data intermediary, the organization must 
178.18 	operate in compliance with the provisions of this section. Noncompliance may result in 
178.19 	the imposition of a fine or the suspension or revocation of the certificate of authority 
178.20 	according to section 62J.4982.
178.21 		Subd. 5.Reciprocal agreements between health information exchange entities.
 178.22 	(a) Reciprocal agreements between two health information organizations or between a 
178.23 	health information organization and a health data intermediary must include a fair and 
178.24 	equitable model for charges between the entities that:
178.25 	(1) does not impede the secure transmission of clinical transactions necessary to 
178.26 	achieve meaningful use;
178.27 	(2) does not charge a fee for the exchange of meaningful use transactions transmitted 
178.28 	according to nationally recognized standards where no additional value-added service 
178.29 	is rendered to the sending or receiving health information organization or health data 
178.30 	intermediary either directly or on behalf of the client;
178.31 	(3) is consistent with fair market value and proportionately reflects the value-added 
178.32 	services accessed as a result of the agreement; and
178.33 	(4) prevents health care stakeholders from being charged multiple times for the 
178.34 	same service.
178.35 	(b) Reciprocal agreements must include comparable quality of service standards that 
178.36 	ensure equitable levels of services.
179.1 	(c) Reciprocal agreements are subject to review and approval by the commissioner.
179.2 	(d) Nothing in this section precludes a state-certified health information organization 
179.3 	or state-certified health data intermediary from entering into contractual agreements for 
179.4 	the provision of value-added services beyond meaningful use transactions.
179.5 	(e) The commissioner of human services or health, when providing access to data or 
179.6 	services through a certified health information organization, must offer the same data or 
179.7 	services directly through any certified health information organization at the same pricing, 
179.8 	if the health information organization pays for all connection costs to the state data or 
179.9 	service. For all external connectivity to the respective agencies through existing or future 
179.10 	information exchange implementations, the respective agency shall establish the required 
179.11 	connectivity methods as well as protocol standards to be utilized.
179.12 		Subd. 6.State participation in health information exchange. A state agency that 
179.13 	connects to a health information exchange service provider for the purpose of exchanging 
179.14 	meaningful use transactions must ensure that the contracted health information exchange 
179.15 	service provider has reciprocal agreements in place as required by this section. The 
179.16 	reciprocal agreements must provide equal access to information supplied by the agency as 
179.17 	necessary for meaningful use by the participating entities of the other health information 
179.18 	service providers.

179.19 	Sec. 4. Minnesota Statutes 2014, section 62J.4982, subdivision 4, is amended to read:
179.20 		Subd. 4.Coordination. (a) The commissioner shall, to the extent possible, seek 
179.21 	the advice of the Minnesota e-Health Advisory Committee, in the review and update of 
179.22 	criteria for the certification and recertification of health information exchange service 
179.23 	providers when implementing sections 62J.498 to 62J.4982.
179.24 	(b) By January 1, 2011, the commissioner shall report to the governor and the chairs 
179.25 	of the senate and house of representatives committees having jurisdiction over health 
179.26 	information policy issues on the status of health information exchange in Minnesota, and 
179.27 	provide recommendations on further action necessary to facilitate the secure electronic 
179.28 	movement of health information among health providers that will enable Minnesota 
179.29 	providers and hospitals to meet meaningful use exchange requirements.

179.30 	Sec. 5. Minnesota Statutes 2014, section 62J.4982, subdivision 5, is amended to read:
179.31 		Subd. 5.Fees and monetary penalties. (a) The commissioner shall assess fees 
179.32 	on every health information exchange service provider subject to sections 62J.4981 and 
179.33 	62J.4982 as follows:
180.1 	(1) filing an application for certificate of authority to operate as a health information 
180.2 	organization, $10,500 $7,000;
180.3 	(2) filing an application for certificate of authority to operate as a health data 
180.4 	intermediary, $7,000;
180.5 	(3) annual health information organization certificate fee, $14,000 $7,000; and 
180.6 	(4) annual health data intermediary certificate fee, $7,000; and
180.7 	(5) fees for other filings, as specified by rule.
180.8 	(b) Fees collected under this section shall be deposited in the state treasury and 
180.9 	credited to the state government special revenue fund.
180.10 	(b) (c) Administrative monetary penalties imposed under this subdivision shall 
180.11 	be credited to an account in the special revenue fund and are appropriated to the 
180.12 	commissioner for the purposes of sections 62J.498 to 62J.4982.

180.13 	Sec. 6. Minnesota Statutes 2014, section 144.291, subdivision 2, is amended to read:
180.14 		Subd. 2.Definitions. For the purposes of sections 144.291 to 144.298, the following 
180.15 	terms have the meanings given.
180.16 	(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.
180.17 	(b) "Health information exchange" means a legal arrangement between health care 
180.18 	providers and group purchasers to enable and oversee the business and legal issues 
180.19 	involved in the electronic exchange of health records between the entities for the delivery 
180.20 	of patient care.
180.21 	(c) "Health record" means any information, whether oral or recorded in any form or 
180.22 	medium, that relates to the past, present, or future physical or mental health or condition of 
180.23 	a patient; the provision of health care to a patient; or the past, present, or future payment 
180.24 	for the provision of health care to a patient.
180.25 	(d) "Identifying information" means the patient's name, address, date of birth, 
180.26 	gender, parent's or guardian's name regardless of the age of the patient, and other 
180.27 	nonclinical data which can be used to uniquely identify a patient.
180.28 	(e) "Individually identifiable form" means a form in which the patient is or can be 
180.29 	identified as the subject of the health records.
180.30 	(f) "Medical emergency" means medically necessary care which is immediately 
180.31 	needed to preserve life, prevent serious impairment to bodily functions, organs, or parts, 
180.32 	or prevent placing the physical or mental health of the patient in serious jeopardy.
180.33 	(g) "Patient" means a natural person who has received health care services from a 
180.34 	provider for treatment or examination of a medical, psychiatric, or mental condition, the 
180.35 	surviving spouse and parents of a deceased patient, or a person the patient appoints in 
181.1 	writing as a representative, including a health care agent acting according to chapter 145C, 
181.2 	unless the authority of the agent has been limited by the principal in the principal's health 
181.3 	care directive. Except for minors who have received health care services under sections 
181.4 	144.341 to 144.347, in the case of a minor, patient includes a parent or guardian, or a 
181.5 	person acting as a parent or guardian in the absence of a parent or guardian.
181.6 	(h) "Patient information service" means an entity described in section 62J.4981, 
181.7 	subdivision 3, paragraph (c), clause (8).
181.8 	(h) (i) "Provider" means:
181.9 	(1) any person who furnishes health care services and is regulated to furnish the 
181.10 	services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148D, 148F, 150A, 
181.11 	151, 153, or 153A;
181.12 	(2) a home care provider licensed under section 144A.46;
181.13 	(3) a health care facility licensed under this chapter or chapter 144A; and
181.14 	(4) a physician assistant registered under chapter 147A.
181.15 	(i) (j) "Record locator service" means an electronic index of patient identifying 
181.16 	information that directs providers in a health information exchange to the location of 
181.17 	patient health records held by providers and group purchasers.
181.18 	(j) (k) "Related health care entity" means an affiliate, as defined in section 144.6521, 
181.19 	subdivision 3, paragraph (b), of the provider releasing the health records.

181.20 	Sec. 7. Minnesota Statutes 2014, section 144.293, subdivision 8, is amended to read:
181.21 		Subd. 8.Record locator or patient information service. (a) A provider or group 
181.22 	purchaser may release patient identifying information and information about the location 
181.23 	of the patient's health records to a record locator or patient information service without 
181.24 	consent from the patient, unless the patient has elected to be excluded from the service 
181.25 	under paragraph (d). The Department of Health may not access the record locator or 
181.26 	patient information service or receive data from the record locator service. Only a 
181.27 	provider may have access to patient identifying information in a record locator or patient 
181.28 	information service. Except in the case of a medical emergency, a provider participating in 
181.29 	a health information exchange using a record locator or patient information service does 
181.30 	not have access to patient identifying information and information about the location of 
181.31 	the patient's health records unless the patient specifically consents to the access. A consent 
181.32 	does not expire but may be revoked by the patient at any time by providing written notice 
181.33 	of the revocation to the provider.
182.1 	(b) A health information exchange maintaining a record locator or patient 
182.2 	information service must maintain an audit log of providers accessing information in a 
182.3 	record locator the service that at least contains information on:
182.4 	(1) the identity of the provider accessing the information;
182.5 	(2) the identity of the patient whose information was accessed by the provider; and
182.6 	(3) the date the information was accessed.
182.7 	(c) No group purchaser may in any way require a provider to participate in a record 
182.8 	locator or patient information service as a condition of payment or participation.
182.9 	(d) A provider or an entity operating a record locator or patient information service 
182.10 	must provide a mechanism under which patients may exclude their identifying information 
182.11 	and information about the location of their health records from a record locator or patient 
182.12 	information service. At a minimum, a consent form that permits a provider to access 
182.13 	a record locator or patient information service must include a conspicuous check-box 
182.14 	option that allows a patient to exclude all of the patient's information from the record 
182.15 	locator service. A provider participating in a health information exchange with a record 
182.16 	locator or patient information service who receives a patient's request to exclude all of the 
182.17 	patient's information from the record locator service or to have a specific provider contact 
182.18 	excluded from the record locator service is responsible for removing that information 
182.19 	from the record locator service.

182.20 	Sec. 8. Minnesota Statutes 2014, section 144.298, subdivision 2, is amended to read:
182.21 		Subd. 2.Liability of provider or other person. A person who does any of the 
182.22 	following is liable to the patient for compensatory damages caused by an unauthorized 
182.23 	release or an intentional, unauthorized access, plus costs and reasonable attorney fees:
182.24 	(1) negligently or intentionally requests or releases a health record in violation 
182.25 	of sections 144.291 to 144.297;
182.26 	(2) forges a signature on a consent form or materially alters the consent form of 
182.27 	another person without the person's consent;
182.28 	(3) obtains a consent form or the health records of another person under false 
182.29 	pretenses; or
182.30 	(4) intentionally violates sections 144.291 to 144.297 by intentionally accessing a 
182.31 	record locator or patient information service without authorization.

182.32 	Sec. 9. Minnesota Statutes 2014, section 144.298, subdivision 3, is amended to read:
182.33 		Subd. 3.Liability for record locator or patient information service. A patient 
182.34 	is entitled to receive compensatory damages plus costs and reasonable attorney fees 
183.1 	if a health information exchange maintaining a record locator or patient information 
183.2 	service, or an entity maintaining a record locator or patient information service for a 
183.3 	health information exchange, negligently or intentionally violates the provisions of section 
183.4 	144.293, subdivision 8.

183.5 	Sec. 10. Minnesota Statutes 2014, section 144.3831, subdivision 1, is amended to read:
183.6 		Subdivision 1.Fee setting. The commissioner of health may assess an annual fee 
183.7 	of $6.36 $8.28 for every service connection to a public water supply that is owned or 
183.8 	operated by a home rule charter city, a statutory city, a city of the first class, or a town. The 
183.9 	commissioner of health may also assess an annual fee for every service connection served 
183.10 	by a water user district defined in section 110A.02. Fees collected under this section shall 
183.11 	be deposited in the state treasury and credited to the state government special revenue fund.

183.12 	Sec. 11. [144.4961] MINNESOTA RADON LICENSING ACT.
183.13 		Subdivision 1.Citation. This section may be cited as the "Minnesota Radon 
183.14 	Licensing Act."
183.15 		Subd. 2.Definitions. (a) As used in this section, the following terms have the 
183.16 	meanings given them.
183.17 	(b) "Mitigation" means the act of repairing or altering a building or building design 
183.18 	for the purpose in whole or in part of reducing the concentration of radon in the indoor 
183.19 	atmosphere.
183.20 	(c) "Radon" means both the radioactive, gaseous element produced by the 
183.21 	disintegration of radium, and the short-lived radionuclides that are decay products of radon.
183.22 		Subd. 3.Rulemaking. The commissioner of health shall adopt rules for licensure 
183.23 	and enforcement of applicable laws and rules relating to indoor radon in dwellings and 
183.24 	other buildings, with the exception of newly constructed Minnesota homes according 
183.25 	to section 326B.106, subdivision 6. The commissioner shall coordinate, oversee, and 
183.26 	implement all state functions in matters concerning the presence, effects, measurement, 
183.27 	and mitigation of risks of radon in dwellings and other buildings.
183.28 		Subd. 4.System tag. All radon mitigation systems installed in Minnesota on or 
183.29 	after July 1, 2016, must have a radon mitigation system tag provided by the commissioner. 
183.30 	A radon mitigation professional must attach the tag to the radon mitigation system in 
183.31 	a visible location.
183.32 		Subd. 5.License required annually. A license is required annually for every 
183.33 	person, firm, or corporation that sells a device or performs a service for compensation 
183.34 	to detect the presence of radon in the indoor atmosphere, performs laboratory analysis, 
184.1 	or performs a service to mitigate radon in the indoor atmosphere. This section does not 
184.2 	apply to retail stores that only sell or distribute radon sampling but are not engaged in the 
184.3 	manufacture of radon sampling devices.
184.4 		Subd. 6.Exemptions. Radon systems installed in newly constructed Minnesota 
184.5 	homes according to section 326B.106, subdivision 6, prior to the issuance of a certificate 
184.6 	of occupancy are not required to follow the requirements of this section.
184.7 		Subd. 7.License applications and other reports. The professionals, companies, 
184.8 	laboratories, and examinees listed in subdivision 8 must submit applications for licenses, 
184.9 	system tags, and any other reporting required under this section and Minnesota Rules 
184.10 	on forms prescribed by the commissioner.
184.11 		Subd. 8.Licensing fees. (a) All radon license applications submitted to the 
184.12 	commissioner of health must be accompanied by the required fees. If the commissioner 
184.13 	determines that insufficient fees were paid, the necessary additional fees must be paid 
184.14 	before the commissioner approves the application. The commissioner shall charge the 
184.15 	following fees for each radon license:
184.16 	(1) Each measurement professional license, $600 per year. "Measurement 
184.17 	professional" means any person who does not require supervision and performs a test to 
184.18 	determine the presence and concentration of radon; provides professional or expert advice 
184.19 	on radon testing, radon exposure, or health risks related to radon exposure; provides 
184.20 	direct supervision of a measurement technician; or makes representations of doing any 
184.21 	of these activities.
184.22 	(2) Each measurement technician license, $300 per year. "Measurement technician" 
184.23 	means any person who is under the direct supervision of a measurement professional, 
184.24 	and who performs a test to determine the presence and concentration of radon; provides 
184.25 	professional or expert advice on radon testing, radon exposure, or health risks related to 
184.26 	radon exposure; or makes representations of doing any of these activities.
184.27 	(3) Each mitigation professional license, $600 per year. "Mitigation professional" 
184.28 	means an individual who does not require supervision and performs radon mitigation; 
184.29 	provides professional or expert advice on radon mitigation or radon entry routes; or 
184.30 	provides on-site supervision of radon mitigation and mitigation technicians; or makes 
184.31 	representations of doing any of these activities.
184.32 	(4) Each mitigation technician license, $300 per year. "Mitigation technician" means 
184.33 	any person who is under the direct supervision of a mitigation professional and who 
184.34 	performs radon mitigation; provides professional or expert advice on radon mitigation or 
184.35 	radon entry routes; or makes representations of doing any of these activities.
185.1 	(5) Each mitigation company license, $800 per year. "Mitigation company" means 
185.2 	any business or government entity that performs or authorizes employees to perform radon 
185.3 	mitigation. This fee is waived if the company is a sole proprietorship.
185.4 	(6) Each radon analysis laboratory license, $500 per year. "Radon analysis 
185.5 	laboratory" means a business entity or government entity that analyzes passive radon 
185.6 	detection devices to determine the presence and concentration of radon in the devices.
185.7 	(7) Each Minnesota Department of Health radon measurement exam, $125 per exam. 
185.8 	"Minnesota Department of Health radon measurement exam" means a radon measurement 
185.9 	exam administered by the commissioner of health. 
185.10 	(8) Each Minnesota Department of Health radon mitigation exam, $125 per exam. 
185.11 	"Minnesota Department of Health radon mitigation exam" means a radon mitigation exam 
185.12 	administered by the commissioner of health.
185.13 	(9) Each Minnesota Department of Health radon mitigation system tag, $50 per tag. 
185.14 	"Minnesota Department of Health radon mitigation system tag" or "system tag" means a 
185.15 	unique identifiable radon system label provided by the commissioner of health.
185.16 	(b) Fees collected under this section shall be deposited in the state treasury and 
185.17 	credited to the state government special revenue fund.
185.18 		Subd. 9.Enforcement. The commissioner shall enforce this section under the 
185.19 	provisions of sections 144.989 to 144.993.

185.20 	EFFECTIVE DATE. This section is effective July 1, 2015, except subdivisions 4 
185.21 	and 5, which are effective July 1, 2016.

185.22 	Sec. 12. Minnesota Statutes 2014, section 144.9501, subdivision 6d, is amended to read:
185.23 		Subd. 6d.Certified lead firm. "Certified lead firm" means a person that employs 
185.24 	individuals to perform regulated lead work, with the exception of renovation, and that
185.25 	is certified by the commissioner under section 144.9505.

185.26 	Sec. 13. Minnesota Statutes 2014, section 144.9501, is amended by adding a 
185.27 	subdivision to read:
185.28 		Subd. 6e.Certified renovation firm. "Certified renovation firm" means a person 
185.29 	that employs individuals to perform renovation and is certified by the commissioner 
185.30 	under section 144.9505.

185.31 	Sec. 14. Minnesota Statutes 2014, section 144.9501, subdivision 22b, is amended to 
185.32 	read:
186.1 		Subd. 22b.Lead sampling technician. "Lead sampling technician" means an 
186.2 	individual who performs clearance inspections for renovation sites and lead dust sampling 
186.3 	for nonabatement sites, and who is registered with the commissioner under section 
186.4 	144.9505.

186.5 	EFFECTIVE DATE. This section is effective July 1, 2016.

186.6 	Sec. 15. Minnesota Statutes 2014, section 144.9501, subdivision 26b, is amended to 
186.7 	read:
186.8 		Subd. 26b.Renovation. "Renovation" means the modification of any pre-1978 
186.9 	affected property that results in the disturbance of known or presumed lead-containing 
186.10 	painted surfaces defined under section 144.9508, unless that activity is performed as an 
186.11 	abatement lead hazard reduction. A renovation performed for the purpose of converting a 
186.12 	building or part of a building into an affected property is a renovation under this subdivision.

186.13 	EFFECTIVE DATE. This section is effective July 1, 2016.

186.14 	Sec. 16. Minnesota Statutes 2014, section 144.9501, is amended by adding a 
186.15 	subdivision to read:
186.16 		Subd. 26c.Lead renovator. "Lead renovator" means an individual who directs 
186.17 	individuals who perform renovations. A lead renovator also performs renovation, surface 
186.18 	coating testing, and cleaning verification.

186.19 	EFFECTIVE DATE. This section is effective July 1, 2016.

186.20 	Sec. 17. Minnesota Statutes 2014, section 144.9505, is amended to read:
186.21 	144.9505 LICENSING CREDENTIALING OF LEAD FIRMS AND 
186.22 	PROFESSIONALS.
186.23 		Subdivision 1.Licensing and, certification; generally, and permitting. (a) All
186.24 	Fees received shall be paid collected under this section shall be deposited into the state 
186.25 	treasury and credited to the lead abatement licensing and certification account and are 
186.26 	appropriated to the commissioner to cover costs incurred under this section and section 
186.27 	144.9508 state government special revenue fund.
186.28 	(b) Persons shall not advertise or otherwise present themselves as lead supervisors, 
186.29 	lead workers, lead inspectors, lead risk assessors, lead sampling technicians, lead project 
186.30 	designers, or renovation firms, lead firms unless they have licenses or certificates issued 
186.31 	by or are registered with the commissioner under this section.
187.1 	(c) The fees required in this section for inspectors, risk assessors, and certified lead 
187.2 	firms are waived for state or local government employees performing services for or 
187.3 	as an assessing agency.
187.4 	(d) An individual who is the owner of property on which regulated lead work is to be 
187.5 	performed or an adult individual who is related to the property owner, as defined under 
187.6 	section 245A.02, subdivision 13, is exempt from the requirements to obtain a license and 
187.7 	pay a fee according to this section.
187.8 	(e) A person that employs individuals to perform regulated lead work outside of the 
187.9 	person's property must obtain certification as a certified lead firm. An individual who 
187.10 	performs regulated lead work lead hazard reduction, lead hazard screens, lead inspections, 
187.11 	lead risk assessments, clearance inspections, lead project designer services, lead sampling 
187.12 	technician services, swab team services, and activities performed to comply with lead 
187.13 	orders must be employed by a certified lead firm, unless the individual is a sole proprietor 
187.14 	and does not employ any other individual who performs regulated lead work individuals, 
187.15 	the individual is employed by a person that does not perform regulated lead work outside 
187.16 	of the person's property, or the individual is employed by an assessing agency.
187.17 		Subd. 1a.Lead worker license. Before an individual performs regulated lead work 
187.18 	as a worker, the individual shall first obtain a license from the commissioner. No license 
187.19 	shall be issued unless the individual shows evidence of successfully completing a training 
187.20 	course in lead hazard control. The commissioner shall specify the course of training and 
187.21 	testing requirements and shall charge a $50 fee annually for the license. License fees are 
187.22 	nonrefundable and must be submitted with each application. The license must be carried 
187.23 	by the individual and be readily available for review by the commissioner and other public 
187.24 	health officials charged with the health, safety, and welfare of the state's citizens.
187.25 		Subd. 1b.Lead supervisor license. Before an individual performs regulated lead 
187.26 	work as a supervisor, the individual shall first obtain a license from the commissioner. No 
187.27 	license shall be issued unless the individual shows evidence of experience and successful 
187.28 	completion of a training course in lead hazard control. The commissioner shall specify 
187.29 	the course of training, experience, and testing requirements and shall charge a $50 fee 
187.30 	annually for the license. License fees are nonrefundable and must be submitted with 
187.31 	each application. The license must be carried by the individual and be readily available 
187.32 	for review by the commissioner and other public health officials charged with the health, 
187.33 	safety, and welfare of the state's citizens.
187.34 		Subd. 1c.Lead inspector license. Before an individual performs lead inspection 
187.35 	services, the individual shall first obtain a license from the commissioner. No license shall 
187.36 	be issued unless the individual shows evidence of successfully completing a training 
188.1 	course in lead inspection. The commissioner shall specify the course of training and 
188.2 	testing requirements and shall charge a $50 fee annually for the license. License fees are 
188.3 	nonrefundable and must be submitted with each application. The license must be carried 
188.4 	by the individual and be readily available for review by the commissioner and other public 
188.5 	health officials charged with the health, safety, and welfare of the state's citizens.
188.6 		Subd. 1d.Lead risk assessor license. Before an individual performs lead risk 
188.7 	assessor services, the individual shall first obtain a license from the commissioner. No 
188.8 	license shall be issued unless the individual shows evidence of experience and successful 
188.9 	completion of a training course in lead risk assessment. The commissioner shall specify 
188.10 	the course of training, experience, and testing requirements and shall charge a $100 fee 
188.11 	annually for the license. License fees are nonrefundable and must be submitted with 
188.12 	each application. The license must be carried by the individual and be readily available 
188.13 	for review by the commissioner and other public health officials charged with the health, 
188.14 	safety, and welfare of the state's citizens.
188.15 		Subd. 1e.Lead project designer license. Before an individual performs lead 
188.16 	project designer services, the individual shall first obtain a license from the commissioner. 
188.17 	No license shall be issued unless the individual shows evidence of experience and 
188.18 	successful completion of a training course in lead project design. The commissioner shall 
188.19 	specify the course of training, experience, and testing requirements and shall charge a 
188.20 	$100 fee annually for the license. License fees are nonrefundable and must be submitted 
188.21 	with each application. The license must be carried by the individual and be readily 
188.22 	available for review by the commissioner and other public health officials charged with 
188.23 	the health, safety, and welfare of the state's citizens.
188.24 		Subd. 1f.Lead sampling technician. An individual performing lead sampling 
188.25 	technician services shall first register with the commissioner. The commissioner shall not 
188.26 	register an individual unless the individual shows evidence of successfully completing a 
188.27 	training course in lead sampling. The commissioner shall specify the course of training 
188.28 	and testing requirements. Proof of registration must be carried by the individual and be 
188.29 	readily available for review by the commissioner and other public health officials charged 
188.30 	with the health, safety, and welfare of the state's citizens.
188.31 		Subd. 1g.Certified lead firm. A person who employs individuals to perform 
188.32 	regulated lead work, with the exception of renovation, outside of the person's property 
188.33 	must obtain certification as a lead firm. The certificate must be in writing, contain an 
188.34 	expiration date, be signed by the commissioner, and give the name and address of the 
188.35 	person to whom it is issued.  A lead firm certificate is valid for one year. The certification 
188.36 	fee is $100, is nonrefundable, and must be submitted with each application. The lead firm 
189.1 	certificate or a copy of the certificate must be readily available at the worksite for review 
189.2 	by the contracting entity, the commissioner, and other public health officials charged with 
189.3 	the health, safety, and welfare of the state's citizens.
189.4 		Subd. 1h.Certified renovation firm. A person who employs individuals to 
189.5 	perform renovation activities outside of the person's property must obtain certification 
189.6 	as a renovation firm. The certificate must be in writing, contain an expiration date, be 
189.7 	signed by the commissioner, and give the name and address of the person to whom it is 
189.8 	issued. A renovation firm certificate is valid for two years. The certification fee is $100, 
189.9 	is nonrefundable, and must be submitted with each application. The renovation firm 
189.10 	certificate or a copy of the certificate must be readily available at the worksite for review 
189.11 	by the contracting entity, the commissioner, and other public health officials charged with 
189.12 	the health, safety, and welfare of the state's citizens.
189.13 		Subd. 1i.Lead training course. Before a person provides training to lead 
189.14 	workers, lead supervisors, lead inspectors, lead risk assessors, lead project designers, lead 
189.15 	sampling technicians, and lead renovators, the person shall first obtain a permit from the 
189.16 	commissioner. The permit must be in writing, contain an expiration date, be signed by 
189.17 	the commissioner, and give the name and address of the person to whom it is issued. 
189.18 	A training course permit is valid for two years. Training course permit fees shall be 
189.19 	nonrefundable and must be submitted with each application in the amount of $500 for an 
189.20 	initial training course, $250 for renewal of a permit for an initial training course, $250 for 
189.21 	a refresher training course, and $125 for renewal of a permit of a refresher training course.
189.22 		Subd. 3.Licensed building contractor; information. The commissioner shall 
189.23 	provide health and safety information on lead abatement and lead hazard reduction to all 
189.24 	residential building contractors licensed under section 326B.805. The information must 
189.25 	include the lead-safe practices and any other materials describing ways to protect the 
189.26 	health and safety of both employees and residents.
189.27 		Subd. 4.Notice of regulated lead work. (a) At least five working days before 
189.28 	starting work at each regulated lead worksite, the person performing the regulated lead 
189.29 	work shall give written notice to the commissioner and the appropriate board of health.
189.30 	(b) This provision does not apply to lead hazard screen, lead inspection, lead risk 
189.31 	assessment, lead sampling technician, renovation, or lead project design activities.
189.32 		Subd. 6.Duties of contracting entity. A contracting entity intending to have 
189.33 	regulated lead work performed for its benefit shall include in the specifications and 
189.34 	contracts for the work a requirement that the work be performed by contractors and 
189.35 	subcontractors licensed by the commissioner under sections 144.9501 to 144.9512 and 
189.36 	according to rules adopted by the commissioner related to regulated lead work. No 
190.1 	contracting entity shall allow regulated lead work to be performed for its benefit unless the 
190.2 	contracting entity has seen that the person has a valid license or certificate. A contracting 
190.3 	entity's failure to comply with this subdivision does not relieve a person from any 
190.4 	responsibility under sections 144.9501 to 144.9512.

190.5 	EFFECTIVE DATE. This section is effective July 1, 2016.

190.6 	Sec. 18. Minnesota Statutes 2014, section 144.9508, is amended to read:
190.7 	144.9508 RULES.
190.8 		Subdivision 1.Sampling and analysis. The commissioner shall adopt, by rule, 
190.9 	methods for:
190.10 	(1) lead inspections, lead hazard screens, lead risk assessments, and clearance 
190.11 	inspections;
190.12 	(2) environmental surveys of lead in paint, soil, dust, and drinking water to determine 
190.13 	areas at high risk for toxic lead exposure;
190.14 	(3) soil sampling for soil used as replacement soil;
190.15 	(4) drinking water sampling, which shall be done in accordance with lab certification 
190.16 	requirements and analytical techniques specified by Code of Federal Regulations, title 
190.17 	40, section 141.89; and
190.18 	(5) sampling to determine whether at least 25 percent of the soil samples collected 
190.19 	from a census tract within a standard metropolitan statistical area contain lead in 
190.20 	concentrations that exceed 100 parts per million.
190.21 		Subd. 2.Regulated lead work standards and methods. (a) The commissioner shall 
190.22 	adopt rules establishing regulated lead work standards and methods in accordance with the 
190.23 	provisions of this section, for lead in paint, dust, drinking water, and soil in a manner that 
190.24 	protects public health and the environment for all residences, including residences also 
190.25 	used for a commercial purpose, child care facilities, playgrounds, and schools.
190.26 	(b) In the rules required by this section, the commissioner shall require lead hazard 
190.27 	reduction of intact paint only if the commissioner finds that the intact paint is on a 
190.28 	chewable or lead-dust producing surface that is a known source of actual lead exposure to 
190.29 	a specific individual. The commissioner shall prohibit methods that disperse lead dust into 
190.30 	the air that could accumulate to a level that would exceed the lead dust standard specified 
190.31 	under this section. The commissioner shall work cooperatively with the commissioner 
190.32 	of administration to determine which lead hazard reduction methods adopted under this 
190.33 	section may be used for lead-safe practices including prohibited practices, preparation, 
190.34 	disposal, and cleanup. The commissioner shall work cooperatively with the commissioner 
191.1 	of the Pollution Control Agency to develop disposal procedures. In adopting rules under 
191.2 	this section, the commissioner shall require the best available technology for regulated 
191.3 	lead work methods, paint stabilization, and repainting.
191.4 	(c) The commissioner of health shall adopt regulated lead work standards and 
191.5 	methods for lead in bare soil in a manner to protect public health and the environment. 
191.6 	The commissioner shall adopt a maximum standard of 100 parts of lead per million in 
191.7 	bare soil. The commissioner shall set a soil replacement standard not to exceed 25 parts 
191.8 	of lead per million. Soil lead hazard reduction methods shall focus on erosion control 
191.9 	and covering of bare soil.
191.10 	(d) The commissioner shall adopt regulated lead work standards and methods for lead 
191.11 	in dust in a manner to protect the public health and environment. Dust standards shall use 
191.12 	a weight of lead per area measure and include dust on the floor, on the window sills, and 
191.13 	on window wells. Lead hazard reduction methods for dust shall focus on dust removal and 
191.14 	other practices which minimize the formation of lead dust from paint, soil, or other sources.
191.15 	(e) The commissioner shall adopt lead hazard reduction standards and methods for 
191.16 	lead in drinking water both at the tap and public water supply system or private well 
191.17 	in a manner to protect the public health and the environment. The commissioner may 
191.18 	adopt the rules for controlling lead in drinking water as contained in Code of Federal 
191.19 	Regulations, title 40, part 141. Drinking water lead hazard reduction methods may include 
191.20 	an educational approach of minimizing lead exposure from lead in drinking water.
191.21 	(f) The commissioner of the Pollution Control Agency shall adopt rules to ensure that 
191.22 	removal of exterior lead-based coatings from residences and steel structures by abrasive 
191.23 	blasting methods is conducted in a manner that protects health and the environment.
191.24 	(g) All regulated lead work standards shall provide reasonable margins of safety that 
191.25 	are consistent with more than a summary review of scientific evidence and an emphasis on 
191.26 	overprotection rather than underprotection when the scientific evidence is ambiguous.
191.27 	(h) No unit of local government shall have an ordinance or regulation governing 
191.28 	regulated lead work standards or methods for lead in paint, dust, drinking water, or soil 
191.29 	that require a different regulated lead work standard or method than the standards or 
191.30 	methods established under this section.
191.31 	(i) Notwithstanding paragraph (h), the commissioner may approve the use by a unit 
191.32 	of local government of an innovative lead hazard reduction method which is consistent 
191.33 	in approach with methods established under this section.
191.34 	(j) The commissioner shall adopt rules for issuing lead orders required under section 
191.35 	144.9504, rules for notification of abatement or interim control activities requirements, 
191.36 	and other rules necessary to implement sections 144.9501 to 144.9512.
192.1 	(k) The commissioner shall adopt rules consistent with section 402(c)(3) of the 
192.2 	Toxic Substances Control Act to ensure that renovation in a pre-1978 affected property 
192.3 	where a child or pregnant female resides is conducted in a manner that protects health 
192.4 	and the environment. Notwithstanding sections 14.125 and 14.128, the authority to adopt 
192.5 	these rules does not expire.
192.6 	(l) The commissioner shall adopt rules consistent with sections 406(a) and 406(b) 
192.7 	of the Toxic Substances Control Act. Notwithstanding sections 14.125 and 14.128, the 
192.8 	authority to adopt these rules does not expire.
192.9 		Subd. 2a.Lead standards for exterior surfaces and street dust. The 
192.10 	commissioner may, by rule, establish lead standards for exterior horizontal surfaces, 
192.11 	concrete or other impervious surfaces, and street dust on residential property to protect the 
192.12 	public health and the environment.
192.13 		Subd. 3.Licensure and certification. The commissioner shall adopt rules to license 
192.14 	lead supervisors, lead workers, lead project designers, lead inspectors, lead risk assessors, 
192.15 	and lead sampling technicians. The commissioner shall also adopt rules requiring 
192.16 	certification of firms that perform regulated lead work. The commissioner shall require 
192.17 	periodic renewal of licenses and certificates and shall establish the renewal periods.
192.18 		Subd. 4.Lead training course. The commissioner shall establish by rule 
192.19 	requirements for training course providers and the renewal period for each lead-related 
192.20 	training course required for certification or licensure. The commissioner shall establish 
192.21 	criteria in rules for the content and presentation of training courses intended to qualify 
192.22 	trainees for licensure under subdivision 3. The commissioner shall establish criteria in 
192.23 	rules for the content and presentation of training courses for lead renovation and lead 
192.24 	sampling technicians. Training course permit fees shall be nonrefundable and must be 
192.25 	submitted with each application in the amount of $500 for an initial training course, $250 
192.26 	for renewal of a permit for an initial training course, $250 for a refresher training course, 
192.27 	and $125 for renewal of a permit of a refresher training course.
192.28 		Subd. 5.Variances. In adopting the rules required under this section, the 
192.29 	commissioner shall provide variance procedures for any provision in rules adopted under 
192.30 	this section, except for the numerical standards for the concentrations of lead in paint, 
192.31 	dust, bare soil, and drinking water. A variance shall be considered only according to the 
192.32 	procedures and criteria in Minnesota Rules, parts 4717.7000 to 4717.7050.

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

192.34 	Sec. 19. Minnesota Statutes 2014, section 144A.70, subdivision 6, is amended to read:
193.1 		Subd. 6.Supplemental nursing services agency. "Supplemental nursing services 
193.2 	agency" means a person, firm, corporation, partnership, or association engaged for hire 
193.3 	in the business of providing or procuring temporary employment in health care facilities 
193.4 	for nurses, nursing assistants, nurse aides, and orderlies, and other licensed health 
193.5 	professionals. Supplemental nursing services agency does not include an individual who 
193.6 	only engages in providing the individual's services on a temporary basis to health care 
193.7 	facilities. Supplemental nursing services agency does not include a professional home 
193.8 	care agency licensed as a Class A provider under section 144A.46and rules adopted 
193.9 	thereunder that only provides staff to other home care providers.

193.10 	Sec. 20. Minnesota Statutes 2014, section 144A.70, is amended by adding a 
193.11 	subdivision to read:
193.12 		Subd. 7.Oversight. The commissioner is responsible for the oversight of 
193.13 	supplemental nursing services agencies through annual unannounced surveys, complaint 
193.14 	investigations under sections 144A.51 to 144A.53, and other actions necessary to ensure 
193.15 	compliance with sections 144A.70 to 144A.74.

193.16 	Sec. 21. Minnesota Statutes 2014, section 144A.71, is amended to read:
193.17 	144A.71 SUPPLEMENTAL NURSING SERVICES AGENCY 
193.18 	REGISTRATION.
193.19 		Subdivision 1.Duty to register. A person who operates a supplemental nursing 
193.20 	services agency shall register the agency annually with the commissioner. Each separate 
193.21 	location of the business of a supplemental nursing services agency shall register the agency 
193.22 	with the commissioner. Each separate location of the business of a supplemental nursing 
193.23 	services agency shall have a separate registration. Fees collected under this section shall be 
193.24 	deposited in the state treasury and credited to the state government special revenue fund.
193.25 		Subd. 2.Application information and fee. The commissioner shall establish forms 
193.26 	and procedures for processing each supplemental nursing services agency registration 
193.27 	application. An application for a supplemental nursing services agency registration must 
193.28 	include at least the following:
193.29 	(1) the names and addresses of the owner or owners of the supplemental nursing 
193.30 	services agency;
193.31 	(2) if the owner is a corporation, copies of its articles of incorporation and current 
193.32 	bylaws, together with the names and addresses of its officers and directors;
193.33 	(3) satisfactory proof of compliance with section 144A.72, subdivision 1, clauses 
193.34 	(5) to (7);
194.1 	(4) any other relevant information that the commissioner determines is necessary 
194.2 	to properly evaluate an application for registration; and
194.3 	(5) the annual registration fee for a supplemental nursing services agency, which 
194.4 	is $891. a policy and procedure that describes how the supplemental nursing services 
194.5 	agency's records will be immediately available at all times to the commissioner; and
194.6 	(6) a registration fee of $2,035.
194.7 	If a supplemental nursing services agency fails to provide the items in this 
194.8 	subdivision to the department, the commissioner shall immediately suspend or refuse to 
194.9 	issue the supplemental nursing services agency registration. The supplemental nursing 
194.10 	services agency may appeal the commissioner's findings according to section 144A.475, 
194.11 	subdivisions 3a and 7, except that the hearing must be conducted by an administrative law 
194.12 	judge within 60 calendar days of the request for hearing assignment.
194.13 		Subd. 3.Registration not transferable. A registration issued by the commissioner 
194.14 	according to this section is effective for a period of one year from the date of its issuance 
194.15 	unless the registration is revoked or suspended under section 144A.72, subdivision 2, or 
194.16 	unless the supplemental nursing services agency is sold or ownership or management 
194.17 	is transferred. When a supplemental nursing services agency is sold or ownership or 
194.18 	management is transferred, the registration of the agency must be voided and the new 
194.19 	owner or operator may apply for a new registration.

194.20 	Sec. 22. Minnesota Statutes 2014, section 144A.72, is amended to read:
194.21 	144A.72 REGISTRATION REQUIREMENTS; PENALTIES.
194.22 		Subdivision 1.Minimum criteria. (a) The commissioner shall require that, as a 
194.23 	condition of registration:
194.24 	(1) the supplemental nursing services agency shall document that each temporary 
194.25 	employee provided to health care facilities currently meets the minimum licensing, training, 
194.26 	and continuing education standards for the position in which the employee will be working;
194.27 	(2) the supplemental nursing services agency shall comply with all pertinent 
194.28 	requirements relating to the health and other qualifications of personnel employed in 
194.29 	health care facilities;
194.30 	(3) the supplemental nursing services agency must not restrict in any manner the 
194.31 	employment opportunities of its employees;
194.32 	(4) the supplemental nursing services agency shall carry medical malpractice 
194.33 	insurance to insure against the loss, damage, or expense incident to a claim arising out 
194.34 	of the death or injury of any person as the result of negligence or malpractice in the 
195.1 	provision of health care services by the supplemental nursing services agency or by any 
195.2 	employee of the agency;
195.3 	(5) the supplemental nursing services agency shall carry an employee dishonesty 
195.4 	bond in the amount of $10,000;
195.5 	(6) the supplemental nursing services agency shall maintain insurance coverage 
195.6 	for workers' compensation for all nurses, nursing assistants, nurse aides, and orderlies 
195.7 	provided or procured by the agency;
195.8 	(7) the supplemental nursing services agency shall file with the commissioner of 
195.9 	revenue: (i) the name and address of the bank, savings bank, or savings association 
195.10 	in which the supplemental nursing services agency deposits all employee income tax 
195.11 	withholdings; and (ii) the name and address of any nurse, nursing assistant, nurse aide, or 
195.12 	orderly whose income is derived from placement by the agency, if the agency purports 
195.13 	the income is not subject to withholding;
195.14 	(8) the supplemental nursing services agency must not, in any contract with any 
195.15 	employee or health care facility, require the payment of liquidated damages, employment 
195.16 	fees, or other compensation should the employee be hired as a permanent employee of a 
195.17 	health care facility; and
195.18 	(9) the supplemental nursing services agency shall document that each temporary 
195.19 	employee provided to health care facilities is an employee of the agency and is not 
195.20 	an independent contractor.; and
195.21 	(10) the supplemental nursing services agency shall retain all records for five 
195.22 	calendar years. All records of the supplemental nursing services agency must be 
195.23 	immediately available to the department.
195.24 	(b) In order to retain registration, the supplemental nursing services agency must 
195.25 	provide services to a health care facility during the year preceding the supplemental 
195.26 	nursing services agency's registration renewal date.
195.27 		Subd. 2.Penalties. A pattern of Failure to comply with this section shall subject 
195.28 	the supplemental nursing services agency to revocation or nonrenewal of its registration. 
195.29 	Violations of section 144A.74 are subject to a fine equal to 200 percent of the amount 
195.30 	billed or received in excess of the maximum permitted under that section.
195.31 		Subd. 3.Revocation. Notwithstanding subdivision 2, the registration of a 
195.32 	supplemental nursing services agency that knowingly supplies to a health care facility a 
195.33 	person with an illegally or fraudulently obtained or issued diploma, registration, license, 
195.34 	certificate, or background study shall be revoked by the commissioner. The commissioner 
195.35 	shall notify the supplemental nursing services agency 15 days in advance of the date 
195.36 	of revocation.
196.1 		Subd. 4.Hearing. (a) No supplemental nursing services agency's registration 
196.2 	may be revoked without a hearing held as a contested case in accordance with chapter 
196.3 	14. The hearing must commence within 60 days after the proceedings are initiated
196.4 	section 144A.475, subdivisions 3a and 7, except the hearing must be conducted by an 
196.5 	administrative law judge within 60 calendar days of the request for assignment.
196.6 	(b) If a controlling person has been notified by the commissioner of health that the 
196.7 	supplemental nursing services agency will not receive an initial registration or that a 
196.8 	renewal of the registration has been denied, the controlling person or a legal representative 
196.9 	on behalf of the supplemental nursing services agency may request and receive a hearing 
196.10 	on the denial. This The hearing shall be held as a contested case in accordance with 
196.11 	chapter 14 a contested case in accordance with section 144A.475, subdivisions 3a and 7, 
196.12 	except the hearing must be conducted by an administrative law judge within 60 calendar 
196.13 	days of the request for assignment.
196.14 		Subd. 5.Period of ineligibility. (a) The controlling person of a supplemental 
196.15 	nursing services agency whose registration has not been renewed or has been revoked 
196.16 	because of noncompliance with the provisions of sections 144A.70 to 144A.74 shall not 
196.17 	be eligible to apply for nor will be granted a registration for five years following the 
196.18 	effective date of the nonrenewal or revocation.
196.19 	(b) The commissioner shall not issue or renew a registration to a supplemental 
196.20 	nursing services agency if a controlling person includes any individual or entity who was 
196.21 	a controlling person of a supplemental nursing services agency whose registration was 
196.22 	not renewed or was revoked as described in paragraph (a) for five years following the 
196.23 	effective date of nonrenewal or revocation.

196.24 	Sec. 23. Minnesota Statutes 2014, section 144A.73, is amended to read:
196.25 	144A.73 COMPLAINT SYSTEM.
196.26 	The commissioner shall establish a system for reporting complaints against a 
196.27 	supplemental nursing services agency or its employees. Complaints may be made by 
196.28 	any member of the public. Written complaints must be forwarded to the employer of 
196.29 	each person against whom a complaint is made. The employer shall promptly report to 
196.30 	the commissioner any corrective action taken Complaints against a supplemental nursing 
196.31 	services agency shall be investigated by the Office of Health Facility Complaints under 
196.32 	Minnesota Statutes, sections 144A.51 to 144A.53.

196.33 	Sec. 24. Minnesota Statutes 2014, section 144D.01, is amended by adding a 
196.34 	subdivision to read:
197.1 		Subd. 3a.Direct-care staff. "Direct-care staff" means staff and employees who 
197.2 	provide home care services listed in section 144A.471, subdivisions 6 and 7.

197.3 	Sec. 25. [144D.066] ENFORCEMENT OF DEMENTIA CARE TRAINING 
197.4 	REQUIREMENTS.
197.5 		Subdivision 1.Enforcement. (a) The commissioner shall enforce the dementia care 
197.6 	training standards for staff working in housing with services settings and for housing 
197.7 	managers according to clauses (1) to (3):
197.8 	(1) for dementia care training requirements in section 144D.065, the commissioner 
197.9 	shall review training records as part of the home care provider survey process for direct 
197.10 	care staff and supervisors of direct care staff, in accordance with section 144A.474. The 
197.11 	commissioner may also request and review training records at any time during the year;
197.12 	(2) for dementia care training standards in section 144D.065, the commissioner 
197.13 	shall review training records for maintenance, housekeeping, and food service staff and 
197.14 	other staff not providing direct care working in housing with services settings as part of 
197.15 	the housing with services registration application and renewal application process in 
197.16 	accordance with section 144D.03. The commissioner may also request and review training 
197.17 	records at any time during the year; and
197.18 	(3) for housing managers, the commissioner shall review the statement verifying 
197.19 	compliance with the required training described in section 144D.10, paragraph (d), 
197.20 	through the housing with services registration application and renewal application process 
197.21 	in accordance with section 144D.03. The commissioner may also request and review 
197.22 	training records at any time during the year.
197.23 	(b) The commissioner shall specify the required forms and what constitutes sufficient 
197.24 	training records for the items listed in paragraph (a), clauses (1) to (3).
197.25 		Subd. 2.Fines for noncompliance. (a) Beginning January 1, 2017, the 
197.26 	commissioner may impose a $200 fine for every staff person required to obtain dementia 
197.27 	care training who does not have training records to show compliance. For violations of 
197.28 	subdivision 1, paragraph (a), clause (1), the fine will be imposed upon the home care 
197.29 	provider, and may be appealed under the contested case procedure in section 144A.475, 
197.30 	subdivisions 3a, 4, and 7. For violations of subdivision 1, paragraph (a), clauses (2) and 
197.31 	(3), the fine will be imposed on the housing with services registrant and may be appealed 
197.32 	under the contested case procedure in section 144A.475, subdivisions 3a, 4, and 7. Prior 
197.33 	to imposing the fine, the commissioner must allow two weeks for staff to complete the 
197.34 	required training. Fines collected under this section shall be deposited in the state treasury 
197.35 	and credited to the state government special revenue fund.
198.1 	(b) The housing with services registrant and home care provider must allow 
198.2 	for the required training as part of employee and staff duties. Imposition of a fine 
198.3 	by the commissioner does not negate the need for the required training. Continued 
198.4 	noncompliance with the requirements of sections 144D.065 and 144D.10 may result in 
198.5 	revocation or nonrenewal of the housing with services registration or home care license. 
198.6 	The commissioner shall make public the list of all housing with services establishments 
198.7 	that have complied with the training requirements. 
198.8 		Subd. 3.Technical assistance. From January 1, 2016, to December 31, 2016, 
198.9 	the commissioner shall provide technical assistance instead of imposing fines for 
198.10 	noncompliance with the training requirements. During the year of technical assistance, 
198.11 	the commissioner shall review the training records to determine if the records meet the 
198.12 	requirements and inform the home care provider. The commissioner shall also provide 
198.13 	information about available training resources.

198.14 	Sec. 26. Minnesota Statutes 2014, section 145A.131, subdivision 1, is amended to read:
198.15 		Subdivision 1.Funding formula for community health boards. (a) Base funding 
198.16 	for each community health board eligible for a local public health grant under section 
198.17 	145A.03, subdivision 7, shall be determined by each community health board's fiscal year 
198.18 	2003 allocations, prior to unallotment, for the following grant programs: community 
198.19 	health services subsidy; state and federal maternal and child health special projects grants; 
198.20 	family home visiting grants; TANF MN ENABL grants; TANF youth risk behavior grants; 
198.21 	and available women, infants, and children grant funds in fiscal year 2003, prior to 
198.22 	unallotment, distributed based on the proportion of WIC participants served in fiscal year 
198.23 	2003 within the CHS service area.
198.24 	(b) Base funding for a community health board eligible for a local public health 
198.25 	grant under section 145A.03, subdivision 7, as determined in paragraph (a), shall be 
198.26 	adjusted by the percentage difference between the base, as calculated in paragraph (a), 
198.27 	and the funding available for the local public health grant.
198.28 	(c) Multicounty or multicity community health boards shall receive a local 
198.29 	partnership base of up to $5,000 per year for each county or city in the case of a multicity 
198.30 	community health board included in the community health board.
198.31 	(d) The State Community Health Advisory Committee may recommend a formula 
198.32 	to the commissioner to use in distributing state and federal funds to community health 
198.33 	boards organized and operating under sections 145A.03 to 145A.131 to achieve locally 
198.34 	identified priorities under section 145A.04, subdivision 1a, for use in distributing funds to 
198.35 	community health boards beginning January 1, 2006, and thereafter.
199.1 	(e) Notwithstanding any adjustment in paragraph (b), community health boards, all 
199.2 	or a portion of which are located outside of the counties of Anoka, Chisago, Carver, 
199.3 	Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright, are eligible 
199.4 	to receive an increase equal to ten percent of the grant award to the community health 
199.5 	board under paragraph (a) starting July 1, 2015. The increase in calendar year 2015 shall 
199.6 	be prorated for the last six months of the year. For calendar years beginning on or after 
199.7 	January 1, 2016, the amount distributed under this paragraph shall be adjusted each year 
199.8 	based on available funding and the number of eligible community health boards.

199.9 	Sec. 27. Minnesota Statutes 2014, section 149A.20, subdivision 5, is amended to read:
199.10 		Subd. 5.Examinations. After having met the educational requirements of 
199.11 	subdivision 4, a person must attain a passing score on the National Board Examination 
199.12 	administered by the Conference of Funeral Service Examining Boards of the United 
199.13 	States, Inc. or any other examination that, in the determination of the commissioner, 
199.14 	adequately and accurately assesses the knowledge and skills required to practice 
199.15 	mortuary science. In addition, a person must attain a passing score on the state licensing 
199.16 	examination administered by or on behalf of the commissioner. The state examination 
199.17 	shall encompass the laws and rules of Minnesota that pertain to the practice of mortuary 
199.18 	science. The commissioner shall make available copies of all pertinent laws and rules 
199.19 	prior to administration of the state licensing examination. If a passing score is not attained 
199.20 	on the state examination, the individual must wait two weeks before they can retake 
199.21 	the examination.

199.22 	Sec. 28. Minnesota Statutes 2014, section 149A.20, subdivision 6, is amended to read:
199.23 		Subd. 6.Internship. (a) A person who attains a passing score on both examinations 
199.24 	in subdivision 5 must complete a registered internship under the direct supervision of an 
199.25 	individual currently licensed to practice mortuary science in Minnesota. Interns must file 
199.26 	with the commissioner:
199.27 	(1) the appropriate fee; and
199.28 	(2) a registration form indicating the name and home address of the intern, the 
199.29 	date the internship begins, and the name, license number, and business address of the 
199.30 	supervising mortuary science licensee.
199.31 	(b) Any changes in information provided in the registration must be immediately 
199.32 	reported to the commissioner. The internship shall be a minimum of one calendar year 
199.33 	and a maximum of three calendar years in duration; 2,080 hours to be completed within a 
199.34 	three-year period, however, the commissioner may waive up to three months 520 hours of 
200.1 	the internship time requirement upon satisfactory completion of a clinical or practicum 
200.2 	in mortuary science administered through the program of mortuary science of the 
200.3 	University of Minnesota or a substantially similar program approved by the commissioner. 
200.4 	Registrations must be renewed on an annual basis if they exceed one calendar year. During 
200.5 	the internship period, the intern must be under the direct supervision of a person holding a 
200.6 	current license to practice mortuary science in Minnesota. An intern may be registered 
200.7 	under only one licensee at any given time and may be directed and supervised only by 
200.8 	the registered licensee. The registered licensee shall have only one intern registered at 
200.9 	any given time. The commissioner shall issue to each registered intern a registration 
200.10 	permit that must be displayed with the other establishment and practice licenses. While 
200.11 	under the direct supervision of the licensee, the intern must actively participate in the 
200.12 	embalming of at least 25 dead human bodies and in the arrangements for and direction of 
200.13 	at least 25 funerals complete 25 case reports in each of the following areas: embalming, 
200.14 	funeral arrangements, and services. Case reports, on forms provided by the commissioner, 
200.15 	shall be completed by the intern, signed by the supervising licensee, and filed with the 
200.16 	commissioner for at least 25 embalmings and funerals in which the intern participates prior 
200.17 	to the completion of the internship. Information contained in these reports that identifies 
200.18 	the subject or the family of the subject embalmed or the subject or the family of the subject 
200.19 	of the funeral shall be classified as licensing data under section 13.41, subdivision 2.

200.20 	Sec. 29. Minnesota Statutes 2014, section 149A.40, subdivision 11, is amended to read:
200.21 		Subd. 11.Continuing education. The commissioner may shall require 15 
200.22 	continuing education hours for renewal of a license to practice mortuary science. Nine 
200.23 	of the hours must be in the following areas: body preparation, care, or handling, 3 CE 
200.24 	hours; professional practices, 3 CE hours; regulation and ethics, 3 CE hours. Continuing 
200.25 	education hours shall be reported to the commissioner every other year based on the 
200.26 	licensee's license number. Licensees whose license ends in an odd number must report CE 
200.27 	hours at renewal time every odd year. If a licensee's license ends in an even number, the 
200.28 	licensee must report the licensee's CE hours at renewal time every even year.

200.29 	Sec. 30. Minnesota Statutes 2014, section 149A.65, is amended to read:
200.30 	149A.65 FEES.
200.31 		Subdivision 1.Generally. This section establishes the fees for registrations, 
200.32 	examinations, initial and renewal licenses, and late fees authorized under the provisions 
200.33 	of this chapter.
200.34 		Subd. 2.Mortuary science fees. Fees for mortuary science are:
201.1 	(1) $50 $75 for the initial and renewal registration of a mortuary science intern;
201.2 	(2) $100$125 for the mortuary science examination;
201.3 	(3) $125 $200 for issuance of initial and renewal mortuary science licenses;
201.4 	(4) $25 $100 late fee charge for a license renewal; and
201.5 	(5) $200 $250 for issuing a mortuary science license by endorsement.
201.6 		Subd. 3.Funeral directors. The license renewal fee for funeral directors is $125
201.7 	$200. The late fee charge for a license renewal is $25 $100.
201.8 		Subd. 4.Funeral establishments. The initial and renewal fee for funeral 
201.9 	establishments is $300 $425. The late fee charge for a license renewal is $25 $100.
201.10 		Subd. 5.Crematories. The initial and renewal fee for a crematory is $300 $425. 
201.11 	The late fee charge for a license renewal is $25 $100.
201.12 		Subd. 6.Alkaline hydrolysis facilities. The initial and renewal fee for an alkaline 
201.13 	hydrolysis facility is $300 $425. The late fee charge for a license renewal is $25 $100.
201.14 		Subd. 7.State government special revenue fund. Fees collected by the 
201.15 	commissioner under this section must be deposited in the state treasury and credited to 
201.16 	the state government special revenue fund.

201.17 	Sec. 31. Minnesota Statutes 2014, section 149A.92, subdivision 1, is amended to read:
201.18 		Subdivision 1.Exemption Establishment update. All funeral establishments 
201.19 	having a preparation and embalming room that has not been used for the preparation or 
201.20 	embalming of a dead human body in the 12 calendar months prior to July 1, 1997, are 
201.21 	exempt from the minimum requirements in subdivisions 2 to 6, except as provided in this 
201.22 	section. At the time that ownership of a funeral establishment changes, the physical 
201.23 	location of the establishment changes, or the building housing the funeral establishment or 
201.24 	business space of the establishment is remodeled the existing preparation and embalming 
201.25 	room must be brought into compliance with the minimum standards in this section and in 
201.26 	accordance with subdivision 11.

201.27 	Sec. 32. Minnesota Statutes 2014, section 149A.97, subdivision 7, is amended to read:
201.28 		Subd. 7.Reports to commissioner. Every funeral provider lawfully doing business 
201.29 	in Minnesota that accepts funds under subdivision 2 must make a complete annual report 
201.30 	to the commissioner. The reports may be on forms provided by the commissioner or 
201.31 	substantially similar forms containing, at least, identification and the state of each trust 
201.32 	account, including all transactions involving principal and accrued interest, and must be 
201.33 	filed by March 31 of the calendar year following the reporting year along with a filing fee 
201.34 	of $25 for each report. Fees shall be paid to the commissioner of management and budget, 
202.1 	state of Minnesota, for deposit in the state government special revenue fund in the state 
202.2 	treasury. Reports must be signed by an authorized representative of the funeral provider 
202.3 	and notarized under oath. All reports to the commissioner shall be reviewed for account 
202.4 	inaccuracies or possible violations of this section. If the commissioner has a reasonable 
202.5 	belief to suspect that there are account irregularities or possible violations of this section, 
202.6 	the commissioner shall report that belief, in a timely manner, to the state auditor or other 
202.7 	state agencies as determined by the commissioner. The commissioner may require a 
202.8 	funeral provider reporting preneed trust accounts under this section to arrange for and 
202.9 	pay an independent third-party auditing firm to complete an audit of the preneed trust 
202.10 	accounts every other year. The funeral provider shall report the findings of the audit to the 
202.11 	commissioner by March 31 of the calendar year following the reporting year. This report is 
202.12 	in addition to the annual report. The commissioner shall also file an annual letter with the 
202.13 	state auditor disclosing whether or not any irregularities or possible violations were detected 
202.14 	in review of the annual trust fund reports filed by the funeral providers. This letter shall be 
202.15 	filed with the state auditor by May 31 of the calendar year following the reporting year.

202.16 	Sec. 33. Minnesota Statutes 2014, section 157.16, is amended to read:
202.17 	157.16 LICENSES REQUIRED; FEES.
202.18 		Subdivision 1.License required annually. A license is required annually for every 
202.19 	person, firm, or corporation engaged in the business of conducting a food and beverage 
202.20 	service establishment, youth camp, hotel, motel, lodging establishment, public pool, 
202.21 	or resort. Any person wishing to operate a place of business licensed in this section 
202.22 	shall first make application, pay the required fee specified in this section, and receive 
202.23 	approval for operation, including plan review approval. Special event food stands are 
202.24 	not required to submit plans. Nonprofit organizations operating a special event food 
202.25 	stand with multiple locations at an annual one-day event shall be issued only one license. 
202.26 	Application shall be made on forms provided by the commissioner and shall require the 
202.27 	applicant to state the full name and address of the owner of the building, structure, or 
202.28 	enclosure, the lessee and manager of the food and beverage service establishment, hotel, 
202.29 	motel, lodging establishment, public pool, or resort; the name under which the business is 
202.30 	to be conducted; and any other information as may be required by the commissioner to 
202.31 	complete the application for license.
202.32 		Subd. 2.License renewal. Initial and renewal licenses for all food and beverage 
202.33 	service establishments, youth camps, hotels, motels, lodging establishments, public pools, 
202.34 	and resorts shall be issued on an annual basis. Any person who operates a place of business 
202.35 	after the expiration date of a license or without having submitted an application and paid 
203.1 	the fee shall be deemed to have violated the provisions of this chapter and shall be subject 
203.2 	to enforcement action, as provided in the Health Enforcement Consolidation Act, sections 
203.3 	144.989 to 144.993. In addition, a penalty of $60 shall be added to the total of the license 
203.4 	fee for any food and beverage service establishment operating without a license as a mobile 
203.5 	food unit, a seasonal temporary or seasonal permanent food stand, or a special event food 
203.6 	stand, and a penalty of $120 shall be added to the total of the license fee for all restaurants, 
203.7 	food carts, hotels, motels, lodging establishments, youth camps, public pools, and resorts 
203.8 	operating without a license for a period of up to 30 days. A late fee of $360 shall be added 
203.9 	to the license fee for establishments operating more than 30 days without a license.
203.10 		Subd. 2a.Food manager certification. An applicant for certification or certification 
203.11 	renewal as a food manager must submit to the commissioner a $35 nonrefundable 
203.12 	certification fee payable to the Department of Health. The commissioner shall issue a 
203.13 	duplicate certificate to replace a lost, destroyed, or mutilated certificate if the applicant 
203.14 	submits a completed application on a form provided by the commissioner for a duplicate 
203.15 	certificate and pays $20 to the department for the cost of duplication.
203.16 		Subd. 3.Establishment fees; definitions. (a) The following fees are required 
203.17 	for food and beverage service establishments, youth camps, hotels, motels, lodging 
203.18 	establishments, public pools, and resorts licensed under this chapter. Food and beverage 
203.19 	service establishments must pay the highest applicable fee under paragraph (d), clause 
203.20 	(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable 
203.21 	fee under paragraph (d), clause (6) or (7). The license fee for new operators previously 
203.22 	licensed under this chapter for the same calendar year is one-half of the appropriate annual 
203.23 	license fee, plus any penalty that may be required. The license fee for operators opening 
203.24 	on or after October 1 is one-half of the appropriate annual license fee, plus any penalty 
203.25 	that may be required.
203.26 	(b) Each food and beverage establishment shall pay the applicable fees specified 
203.27 	in section 15.445.
203.28 	(b) (c) All food and beverage service establishments, except special event food 
203.29 	stands, and all hotels, motels, lodging establishments, public pools, and resorts shall pay 
203.30 	an annual base fee of $150, except for establishments that paid for a food and beverage 
203.31 	establishment license under paragraph (b).
203.32 	(c) A special event food stand shall pay a flat fee of $50 annually. "Special event 
203.33 	food stand" means a fee category where food is prepared or served in conjunction with 
203.34 	celebrations, county fairs, or special events from a special event food stand as defined 
203.35 	in section 157.15.
204.1 	(d) In addition to the base fee in paragraph (b) (c), each food and beverage service 
204.2 	establishment, other than a special event food stand and a school concession stand, and
204.3 	each hotel, motel, lodging establishment, public pool, and resort shall pay an additional 
204.4 	annual fee for each applicable fee category, additional food service, or required additional 
204.5 	inspection specified in this paragraph:
204.6 	(1) Limited food menu selection, $60. "Limited food menu selection" means a fee 
204.7 	category that provides one or more of the following:
204.8 	(i) prepackaged food that receives heat treatment and is served in the package;
204.9 	(ii) frozen pizza that is heated and served;
204.10 	(iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
204.11 	(iv) soft drinks, coffee, or nonalcoholic beverages; or
204.12 	(v) cleaning for eating, drinking, or cooking utensils, when the only food served 
204.13 	is prepared off site.
204.14 	(2) Small establishment, including boarding establishments, $120. "Small 
204.15 	establishment" means a fee category that has no salad bar and meets one or more of 
204.16 	the following:
204.17 	(i) possesses food service equipment that consists of no more than a deep fat fryer, a 
204.18 	grill, two hot holding containers, and one or more microwave ovens;
204.19 	(ii) serves dipped ice cream or soft serve frozen desserts;
204.20 	(iii) serves breakfast in an owner-occupied bed and breakfast establishment;
204.21 	(iv) is a boarding establishment; or
204.22 	(v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum 
204.23 	patron seating capacity of not more than 50.
204.24 	(3) Medium establishment, $310. "Medium establishment" means a fee category 
204.25 	that meets one or more of the following:
204.26 	(i) possesses food service equipment that includes a range, oven, steam table, salad 
204.27 	bar, or salad preparation area;
204.28 	(ii) possesses food service equipment that includes more than one deep fat fryer, 
204.29 	one grill, or two hot holding containers; or
204.30 	(iii) is an establishment where food is prepared at one location and served at one or 
204.31 	more separate locations.
204.32 	Establishments meeting criteria in clause (2), item (v), are not included in this fee 
204.33 	category.
204.34 	(4) Large establishment, $540. "Large establishment" means either:
205.1 	(i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a 
205.2 	medium establishment, (B) seats more than 175 people, and (C) offers the full menu 
205.3 	selection an average of five or more days a week during the weeks of operation; or
205.4 	(ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium 
205.5 	establishment, and (B) prepares and serves 500 or more meals per day.
205.6 	(5) Other food and beverage service, including food carts, mobile food units, 
205.7 	seasonal temporary food stands, and seasonal permanent food stands, $60.
205.8 	(6) Beer or wine table service, $60. "Beer or wine table service" means a fee 
205.9 	category where the only alcoholic beverage service is beer or wine, served to customers 
205.10 	seated at tables.
205.11 	(7) Alcoholic beverage service, other than beer or wine table service, $165.
205.12 	"Alcohol beverage service, other than beer or wine table service" means a fee category 
205.13 	where alcoholic mixed drinks are served or where beer or wine are served from a bar.
205.14 	(8) (1) Lodging per sleeping accommodation unit, $10, including hotels, motels, 
205.15 	lodging establishments, and resorts, up to a maximum of $1,000. "Lodging per sleeping 
205.16 	accommodation unit" means a fee category including the number of guest rooms, cottages, 
205.17 	or other rental units of a hotel, motel, lodging establishment, or resort; or the number of 
205.18 	beds in a dormitory.
205.19 	(9) (2) First public pool, $325; each additional public pool, $175. "Public pool" 
205.20 	means a fee category that has the meaning given in section 144.1222, subdivision 4.
205.21 	(10) (3) First spa, $175; each additional spa, $100. "Spa pool" means a fee category 
205.22 	that has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
205.23 	(11) (4) Private sewer or water, $60. "Individual private water" means a fee category 
205.24 	with a water supply other than a community public water supply as defined covered in 
205.25 	Minnesota Rules, chapter 4720. "Individual private sewer" means a fee category with an 
205.26 	individual sewage treatment system which uses subsurface treatment and disposal.
205.27 	(12) Additional food service, $150. "Additional food service" means a location at 
205.28 	a food service establishment, other than the primary food preparation and service area, 
205.29 	used to prepare or serve food to the public. Additional food service does not apply to 
205.30 	school concession stands.
205.31 	(13) Additional inspection fee, $360. "Additional inspection fee" means a fee to 
205.32 	conduct the second inspection each year for elementary and secondary education facility 
205.33 	school lunch programs when required by the Richard B. Russell National School Lunch 
205.34 	Act.
205.35 	(e) Youth camps shall pay an annual single fee for food and lodging as follows:
205.36 	(1) camps with up to 99 campers, $325;
206.1 	(2) camps with 100 to 199 campers, $550; and
206.2 	(3) camps with 200 or more campers, $750.
206.3 	(f) A youth camp that pays fees under paragraph (b) or (d) is not required to pay 
206.4 	fees under paragraph (e).
206.5 		Subd. 3a.Construction plan review. (e) (a) A fee for review of construction plans 
206.6 	must accompany the initial license application for restaurants, hotels, motels, lodging 
206.7 	establishments, resorts, seasonal food stands, and mobile food units. The fee for this 
206.8 	construction plan review is as follows:

206.9	Service Area
	Type
	Fee
	
206.10	Food
	limited food menu category 1 establishment
	$275
	
206.11		small category 2 establishment
	$400
	
206.12		medium category 3 establishment
	$450
	
206.13		large food category 4 establishment
	$500
	
206.14		additional food service
	$150
	
206.15
206.16
206.17	Transient food service
Temporary food 
establishment
	food cart
	$250
	
206.18		seasonal permanent food stand
	$250
	
206.19		seasonal temporary food stand
	$250
	
206.20		mobile food unit
	$350
	
206.21	Alcohol
	beer or wine table service
	$150
	
206.22		alcohol service from bar
	$250
	
206.23	Lodging
	less than 25 rooms
	$375
	
206.24		25 to less than 100 rooms
	$400
	
206.25		100 rooms or more
	$500
	
206.26		less than five cabins
	$350
	
206.27		five to less than ten cabins
	$400
	
206.28		ten cabins or more
	$450
	
206.29 	(f) (b) When existing food and beverage service establishments, hotels, motels, 
206.30 	lodging establishments, resorts, seasonal food stands, and mobile food units are 
206.31 	extensively remodeled, a fee must be submitted with the remodeling plans. The fee for 
206.32 	this construction plan review is as follows:

206.33	Service Area
	Type
	Fee
	
206.34	Food
	limited food menu category 1 establishment
	$250
	
206.35		small category 2 establishment
	$300
	
206.36		medium category 3 establishment
	$350
	
206.37		large category 4 food establishment
	$400
	
206.38		additional food service
	$150
	
206.39
206.40
206.41	Transient food service
Temporary food 
establishment
	food cart
	$250
	
207.1		seasonal permanent food stand
	$250
	
207.2		seasonal temporary food stand
	$250
	
207.3		mobile food unit
	$250
	
207.4	Alcohol
	beer or wine table service
	$150
	
207.5		alcohol service from bar
	$250
	
207.6	Lodging
	less than 25 rooms
	$250
	
207.7		25 to less than 100 rooms
	$300
	
207.8		100 rooms or more
	$450
	
207.9		less than five cabins
	$250
	
207.10		five to less than ten cabins
	$350
	
207.11		ten cabins or more
	$400
	
207.12 	(g) (c) Special event food stands are not required to submit construction or 
207.13 	remodeling plans for review.
207.14 	(h) Youth camps shall pay an annual single fee for food and lodging as follows:
207.15 	(1) camps with up to 99 campers, $325;
207.16 	(2) camps with 100 to 199 campers, $550; and
207.17 	(3) camps with 200 or more campers, $750.
207.18 	(i) A youth camp which pays fees under paragraph (d) is not required to pay fees 
207.19 	under paragraph (h).
207.20 		Subd. 3a. 3b.Statewide hospitality fee. Every person, firm, or corporation that 
207.21 	operates a licensed boarding establishment, food and beverage service establishment, 
207.22 	seasonal temporary or permanent food stand, special event food stand, mobile food unit, 
207.23 	food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the 
207.24 	commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee 
207.25 	for establishments licensed by the Department of Health is required at the same time the 
207.26 	licensure fee is due. For establishments licensed by local governments, the fee is due by 
207.27 	July 1 of each year.
207.28 		Subd. 4.Posting requirements. Every food and beverage service establishment, 
207.29 	for-profit youth camp, hotel, motel, lodging establishment, public pool, or resort must 
207.30 	have the original license posted in a conspicuous place at the establishment. Mobile food 
207.31 	units, food carts, and seasonal temporary food stands shall be issued decals with the 
207.32 	initial license and each calendar year with license renewals. The current license year 
207.33 	decal must be placed on the unit or stand in a location determined by the commissioner. 
207.34 	Decals are not transferable.
207.35 		Subd. 5.Special revenue fund. Fees collected under this section shall be deposited 
207.36 	in the state treasury and credited to the state government special revenue fund.

208.1 	ARTICLE 9
208.2 	HEALTH LICENSING BOARD FEE MODIFICATIONS

208.3 	Section 1. Minnesota Statutes 2014, section 148.57, subdivision 1, is amended to read:
208.4 		Subdivision 1.Examination. (a) A person not authorized to practice optometry in 
208.5 	the state and desiring to do so shall apply to the state Board of Optometry by filling out 
208.6 	and swearing to an application for a license granted by the board and accompanied by a 
208.7 	fee in an amount of $87 established by the board, not to exceed the amount specified in 
208.8 	section 148.59. With the submission of the application form, the candidate shall prove 
208.9 	that the candidate:
208.10 	(1) is of good moral character;
208.11 	(2) has obtained a clinical doctorate degree from a board-approved school or college 
208.12 	of optometry, or is currently enrolled in the final year of study at such an institution; and
208.13 	(3) has passed all parts of an examination.
208.14 	(b) The examination shall include both a written portion and a clinical practical 
208.15 	portion and shall thoroughly test the fitness of the candidate to practice in this state. In 
208.16 	regard to the written and clinical practical examinations, the board may:
208.17 	(1) prepare, administer, and grade the examination itself;
208.18 	(2) recognize and approve in whole or in part an examination prepared, administered 
208.19 	and graded by a national board of examiners in optometry; or
208.20 	(3) administer a recognized and approved examination prepared and graded by or 
208.21 	under the direction of a national board of examiners in optometry.
208.22 	(c) The board shall issue a license to each applicant who satisfactorily passes the 
208.23 	examinations and fulfills the other requirements stated in this section and section 148.575 
208.24 	for board certification for the use of legend drugs. Applicants for initial licensure do not 
208.25 	need to apply for or possess a certificate as referred to in sections 148.571 to 148.574. The 
208.26 	fees mentioned in this section are for the use of the board and in no case shall be refunded.

208.27 	Sec. 2. Minnesota Statutes 2014, section 148.57, subdivision 2, is amended to read:
208.28 		Subd. 2.Endorsement. An optometrist who holds a current license from another 
208.29 	state, and who has practiced in that state not less than three years immediately preceding 
208.30 	application, may apply for licensure in Minnesota by filling out and swearing to an 
208.31 	application for license by endorsement furnished by the board. The completed application 
208.32 	with all required documentation shall be filed at the board office along with a fee of $87
208.33 	established by the board, not to exceed the amount specified in section 148.59. The 
208.34 	application fee shall be for the use of the board and in no case shall be refunded. To 
209.1 	verify that the applicant possesses the knowledge and ability essential to the practice of 
209.2 	optometry in this state, the applicant must provide evidence of:
209.3 	(1) having obtained a clinical doctorate degree from a board-approved school 
209.4 	or college of optometry;
209.5 	(2) successful completion of both written and practical examinations for licensure in 
209.6 	the applicant's original state of licensure that thoroughly tested the fitness of the applicant 
209.7 	to practice;
209.8 	(3) successful completion of an examination of Minnesota state optometry laws;
209.9 	(4) compliance with the requirements for board certification in section 148.575;
209.10 	(5) compliance with all continuing education required for license renewal in every 
209.11 	state in which the applicant currently holds an active license to practice; and
209.12 	(6) being in good standing with every state board from which a license has been 
209.13 	issued.
209.14 	Documentation from a national certification system or program, approved by the 
209.15 	board, which supports any of the listed requirements, may be used as evidence. The 
209.16 	applicant may then be issued a license if the requirements for licensure in the other state 
209.17 	are deemed by the board to be equivalent to those of sections 148.52 to 148.62.

209.18 	Sec. 3. Minnesota Statutes 2014, section 148.59, is amended to read:
209.19 	148.59 LICENSE RENEWAL; FEE LICENSE AND REGISTRATION FEES.
209.20 	A licensed optometrist shall pay to the state Board of Optometry a fee as set by the 
209.21 	board in order to renew a license as provided by board rule. No fees shall be refunded. 
209.22 	Fees may not exceed the following amounts but may be adjusted lower by board direction 
209.23 	and are for the exclusive use of the board: 
209.24 	(1) optometry licensure application, $160;
209.25 	(2) optometry annual licensure renewal, $135;
209.26 	(3) optometry late penalty fee, $75;
209.27 	(4) annual license renewal card, $10;
209.28 	(5) continuing education provider application, $45;
209.29 	(6) emeritus registration, $10;
209.30 	(7) endorsement/reciprocity application, $160;
209.31 	(8) replacement of initial license, $12; and
209.32 	(9) license verification, $50.

209.33 	Sec. 4. Minnesota Statutes 2014, section 148E.180, subdivision 2, is amended to read:
209.34 		Subd. 2.License fees. License fees are as follows:
210.1 	(1) for a licensed social worker, $81;
210.2 	(2) for a licensed graduate social worker, $144;
210.3 	(3) for a licensed independent social worker, $216;
210.4 	(4) for a licensed independent clinical social worker, $238.50;
210.5 	(5) for an emeritus inactive license, $43.20; and
210.6 	(6) for an emeritus active license, one-half of the renewal fee specified in subdivision 
210.7 	3; and
210.8 	(7) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
210.9 	If the licensee's initial license term is less or more than 24 months, the required 
210.10 	license fees must be prorated proportionately.

210.11 	Sec. 5. Minnesota Statutes 2014, section 148E.180, subdivision 5, is amended to read:
210.12 		Subd. 5.Late fees. Late fees are as follows:
210.13 	(1) renewal late fee, one-fourth of the renewal fee specified in subdivision 3; and
210.14 	(2) supervision plan late fee, $40.; and
210.15 	(3) license late fee, $100 plus the prorated share of the license fee specified in 
210.16 	subdivision 2 for the number of months during which the individual practiced social 
210.17 	work without a license.

210.18 	Sec. 6. Minnesota Statutes 2014, section 150A.091, subdivision 4, is amended to read:
210.19 		Subd. 4.Annual license fees. Each limited faculty or resident dentist shall submit 
210.20 	with an annual license renewal application a fee established by the board not to exceed 
210.21 	the following amounts:
210.22 	(1) limited faculty dentist, $168; and
210.23 	(2) resident dentist or dental provider, $59 $85.

210.24 	Sec. 7. Minnesota Statutes 2014, section 150A.091, subdivision 5, is amended to read:
210.25 		Subd. 5.Biennial license or permit fees. Each of the following applicants shall 
210.26 	submit with a biennial license or permit renewal application a fee as established by the 
210.27 	board, not to exceed the following amounts:
210.28 	(1) dentist or full faculty dentist, $336 $475;
210.29 	(2) dental therapist, $180 $300;
210.30 	(3) dental hygienist, $118 $200;
210.31 	(4) licensed dental assistant, $80 $150; and
210.32 	(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500, 
210.33 	subpart 3, $24.

211.1 	Sec. 8. Minnesota Statutes 2014, section 150A.091, subdivision 11, is amended to read:
211.2 		Subd. 11.Certificate application fee for anesthesia/sedation. Each dentist 
211.3 	shall submit with a general anesthesia or moderate sedation application or, a contracted 
211.4 	sedation provider application, or biennial renewal,  a fee as established by the board not to 
211.5 	exceed the following amounts:
211.6 	(1) for both a general anesthesia and moderate sedation application, $250 $400;
211.7 	(2) for a general anesthesia application only, $250 $400;
211.8 	(3) for a moderate sedation application only, $250 $400; and
211.9 	(4) for a contracted sedation provider application, $250 $400.

211.10 	Sec. 9. Minnesota Statutes 2014, section 150A.091, is amended by adding a 
211.11 	subdivision to read:
211.12 		Subd. 17.Advanced dental therapy examination fee. Any dental therapist eligible 
211.13 	to sit for the advanced dental therapy certification examination must submit with the 
211.14 	application a fee as established by the board, not to exceed $250.

211.15 	Sec. 10. Minnesota Statutes 2014, section 150A.091, is amended by adding a 
211.16 	subdivision to read:
211.17 		Subd. 18.Corporation or professional firm late fee. Any corporation or 
211.18 	professional firm whose annual fee is not postmarked or otherwise received by the board 
211.19 	by the due date of December 31 shall, in addition to the fee, submit a late fee as established 
211.20 	by the board, not to exceed $15.

211.21 	Sec. 11. Minnesota Statutes 2014, section 150A.31, is amended to read:
211.22 	150A.31 FEES.
211.23 	(a) The initial biennial registration fee is $50.
211.24 	(b) The biennial renewal registration fee is $25 not to exceed $80.
211.25 	(c) The fees specified in this section are nonrefundable and shall be deposited in 
211.26 	the state government special revenue fund.

211.27 	Sec. 12. Minnesota Statutes 2014, section 151.065, subdivision 1, is amended to read:
211.28 		Subdivision 1.Application fees. Application fees for licensure and registration 
211.29 	are as follows:
211.30 	(1) pharmacist licensed by examination, $130 $145;
211.31 	(2) pharmacist licensed by reciprocity, $225 $240;
211.32 	(3) pharmacy intern, $30 $37.50;
212.1 	(4) pharmacy technician, $30 $37.50;
212.2 	(5) pharmacy, $190 $225;
212.3 	(6) drug wholesaler, legend drugs only, $200 $235;
212.4 	(7) drug wholesaler, legend and nonlegend drugs, $200 $235;
212.5 	(8) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $175 $210;
212.6 	(9) drug wholesaler, medical gases, $150 $175;
212.7 	(10) drug wholesaler, also licensed as a pharmacy in Minnesota, $125 $150;
212.8 	(11) drug manufacturer, legend drugs only, $200 $235;
212.9 	(12) drug manufacturer, legend and nonlegend drugs, $200 $235;
212.10 	(13) drug manufacturer, nonlegend or veterinary legend drugs, $175 $210;
212.11 	(14) drug manufacturer, medical gases, $150 $185;
212.12 	(15) drug manufacturer, also licensed as a pharmacy in Minnesota, $125 $150;
212.13 	(16) medical gas distributor, $75 $110;
212.14 	(17) controlled substance researcher, $50 $75; and
212.15 	(18) pharmacy professional corporation, $100 $125.

212.16 	Sec. 13. Minnesota Statutes 2014, section 151.065, subdivision 2, is amended to read:
212.17 		Subd. 2.Original license fee. The pharmacist original licensure fee, $130 $145.

212.18 	Sec. 14. Minnesota Statutes 2014, section 151.065, subdivision 3, is amended to read:
212.19 		Subd. 3.Annual renewal fees. Annual licensure and registration renewal fees 
212.20 	are as follows:
212.21 	(1) pharmacist, $130 $145;
212.22 	(2) pharmacy technician, $30 $37.50;
212.23 	(3) pharmacy, $190 $225;
212.24 	(4) drug wholesaler, legend drugs only, $200 $235;
212.25 	(5) drug wholesaler, legend and nonlegend drugs, $200 $235;
212.26 	(6) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $175 $210;
212.27 	(7) drug wholesaler, medical gases, $150 $185;
212.28 	(8) drug wholesaler, also licensed as a pharmacy in Minnesota, $125 $150;
212.29 	(9) drug manufacturer, legend drugs only, $200 $235;
212.30 	(10) drug manufacturer, legend and nonlegend drugs, $200 $235;
212.31 	(11) drug manufacturer, nonlegend, veterinary legend drugs, or both, $175 $210;
212.32 	(12) drug manufacturer, medical gases, $150 $185;
212.33 	(13) drug manufacturer, also licensed as a pharmacy in Minnesota, $125 $150;
212.34 	(14) medical gas distributor, $75 $110;
213.1 	(15) controlled substance researcher, $50 $75; and
213.2 	(16) pharmacy professional corporation, $45 $75.

213.3 	Sec. 15. Minnesota Statutes 2014, section 151.065, subdivision 4, is amended to read:
213.4 		Subd. 4.Miscellaneous fees. Fees for issuance of affidavits and duplicate licenses 
213.5 	and certificates are as follows:
213.6 	(1) intern affidavit, $15 $20;
213.7 	(2) duplicate small license, $15 $20; and
213.8 	(3) duplicate large certificate, $25 $30.

213.9 	ARTICLE 10
213.10 	HEALTH AND HUMAN SERVICES APPROPRIATIONS

213.11	Section 1. HEALTH AND HUMAN SERVICES APPROPRIATIONS.
 	
213.12 	The sums shown in the columns marked "Appropriations" are appropriated to the 
213.13 	agencies and for the purposes specified in this article. The appropriations are from the 
213.14 	general fund, or another named fund, and are available for the fiscal years indicated 
213.15 	for each purpose. The figures "2016" and "2017" used in this article mean that the 
213.16 	appropriations listed under them are available for the fiscal year ending June 30, 2016, or 
213.17 	June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal 
213.18 	year 2017. "The biennium" is fiscal years 2016 and 2017.

213.19				APPROPRIATIONS
	
213.20				Available for the Year
	
213.21				Ending June 30
	
213.22					2016
		2017

213.23
213.24	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

213.25	Subdivision 1.Total Appropriation
 	$
	7,206,221,000
	$
	7,544,129,000

213.26	Appropriations by Fund
	
213.27		2016
	2017
	
213.28	General
	6,287,850,000
	6,543,610,000
	
213.29
213.30	State Government 
Special Revenue
	4,514,000
	4,274,000
	
213.31	Health Care Access
	645,221,000
	730,343,000
	
213.32	Federal TANF
	266,743,000
	264,006,000
	
213.33	Lottery Prize
	1,893,000
	1,896,000
	
213.34 	Receipts for Systems Projects.
213.35 	Appropriations and federal receipts for  
214.1 	information systems projects for MAXIS, 
214.2 	PRISM, MMIS, ISDS, and SSIS must 
214.3 	be deposited in the state systems account 
214.4 	authorized in Minnesota Statutes, section 
214.5 	256.014. Money appropriated for computer 
214.6 	projects approved by the commissioner 
214.7 	of the Office of MN.IT Services, funded 
214.8 	by the legislature, and approved by the 
214.9 	commissioner of management and budget 
214.10 	may be transferred from one project to 
214.11 	another and from development to operations 
214.12 	as the commissioner of human services 
214.13 	considers necessary. Any unexpended 
214.14 	balance in the appropriation for these 
214.15 	projects does not cancel but is available for 
214.16 	ongoing development and operations.
214.17 	Nonfederal Share Transfers. The 
214.18 	nonfederal share of activities for which 
214.19 	federal administrative reimbursement is 
214.20 	appropriated to the commissioner may be 
214.21 	transferred to the special revenue fund.
214.22 	TANF Maintenance of Effort. (a) In order 
214.23 	to meet the basic maintenance of  effort 
214.24 	(MOE) requirements of the TANF block grant 
214.25 	specified under Code of Federal Regulations, 
214.26 	title 45, section 263.1, the commissioner may 
214.27 	only report nonfederal money expended for 
214.28 	allowable activities listed in the following 
214.29 	clauses as TANF/MOE expenditures: 
214.30 	(1) MFIP cash, diversionary work program, 
214.31 	and food assistance benefits under Minnesota 
214.32 	Statutes, chapter 256J; 
214.33 	(2) the child care assistance programs 
214.34 	under Minnesota Statutes, sections 119B.03 
214.35 	and 119B.05, and county child care 
215.1 	administrative costs under Minnesota 
215.2 	Statutes, section 119B.15; 
215.3 	(3) state and county MFIP administrative 
215.4 	costs under Minnesota Statutes, chapters 
215.5 	256J and 256K; 
215.6 	(4) state, county, and tribal MFIP 
215.7 	employment services under Minnesota 
215.8 	Statutes, chapters 256J and 256K; 
215.9 	(5) expenditures made on behalf of legal  
215.10 	noncitizen MFIP recipients who qualify for 
215.11 	the MinnesotaCare program under Minnesota 
215.12 	Statutes, chapter 256L; 
215.13 	(6) qualifying working family credit 
215.14 	expenditures under Minnesota Statutes, 
215.15 	section 290.0671; and 
215.16 	(7) qualifying Minnesota education credit 
215.17 	expenditures under Minnesota Statutes, 
215.18 	section 290.0674. 
215.19 	(b) The commissioner shall ensure that 
215.20 	sufficient qualified nonfederal expenditures 
215.21 	are made each year to meet the state's 
215.22 	TANF/MOE requirements. For the activities 
215.23 	listed in paragraph (a), clauses (2) to 
215.24 	(7), the commissioner may only report 
215.25 	expenditures that are excluded from the 
215.26 	definition of assistance under Code of 
215.27 	Federal Regulations, title 45, section 260.31. 
215.28 	(c) For fiscal years beginning with state fiscal 
215.29 	year 2003, the commissioner shall ensure 
215.30 	that the maintenance of effort used by the 
215.31 	commissioner of management and budget 
215.32 	for the February and November forecasts 
215.33 	required under Minnesota Statutes, section 
215.34 	16A.103, contains expenditures under 
216.1 	paragraph (a), clause (1), equal to at least 16 
216.2 	percent of the total required under Code of 
216.3 	Federal Regulations, title 45, section 263.1. 
216.4 	(d) The requirement in Minnesota Statutes, 
216.5 	section 256.011, subdivision 3, that federal 
216.6 	grants or aids secured or obtained under that 
216.7 	subdivision be used to reduce any direct 
216.8 	appropriations provided by law, does not 
216.9 	apply if the grants or aids are federal TANF 
216.10 	funds. 
216.11 	(e) For the federal fiscal years beginning on 
216.12 	or after October 1, 2007, the commissioner 
216.13 	may not claim an amount of TANF/MOE in 
216.14 	excess of the 75 percent standard in Code 
216.15 	of Federal Regulations, title 45, section 
216.16 	263.1(a)(2), except: 
216.17 	(1) to the extent necessary to meet the 80 
216.18 	percent standard under Code of Federal  
216.19 	Regulations, title 45, section 263.1(a)(1), 
216.20 	if it is determined by the commissioner 
216.21 	that the state will not meet the TANF work 
216.22 	participation target rate for the current year; 
216.23 	(2) to provide any additional amounts 
216.24 	under Code of Federal Regulations, title 45, 
216.25 	section 264.5, that relate to replacement of 
216.26 	TANF funds due to the operation of TANF 
216.27 	penalties; and 
216.28 	(3) to provide any additional amounts that 
216.29 	may contribute to avoiding or reducing 
216.30 	TANF work participation penalties through  
216.31 	the operation of the excess MOE provisions 
216.32 	of Code of Federal Regulations, title 45, 
216.33 	section 261.43(a)(2). 
216.34 	For the purposes of clauses (1) to (3), 
216.35 	the commissioner may supplement the 
217.1 	MOE claim with working family credit 
217.2 	expenditures or other qualified expenditures 
217.3 	to the extent such expenditures are otherwise 
217.4 	available after considering the expenditures 
217.5 	allowed in this subdivision, subdivision 2, 
217.6 	and subdivision 3.
217.7 	(f) Notwithstanding any contrary provision 
217.8 	in this article, paragraphs (a) to (e) expire 
217.9 	June 30, 2019.
217.10 	Working Family Credit Expenditure 
217.11 	as TANF/MOE. The commissioner may 
217.12 	claim as TANF maintenance of effort up to 
217.13 	$6,707,000 per year of working family credit 
217.14 	expenditures in each fiscal year.

217.15
217.16	Subd. 2.Working Family Credit to be Claimed 
for TANF/MOE
 					
217.17 	The commissioner may count the following 
217.18 	additional amounts of working family credit 
217.19 	expenditures as TANF maintenance of effort: 
217.20 	(1) fiscal year 2016, $0;
217.21 	(2) fiscal year 2017, $1,283,000;
217.22 	(3) fiscal year 2018, $0; and 
217.23 	(4) fiscal year 2019, $0.
217.24 	Notwithstanding any contrary provision in 
217.25 	this article, this subdivision expires June 30, 
217.26 	2019.

217.27
217.28	Subd. 3.TANF Transfer To Federal Child Care 
and Development Fund
 					
217.29 	(a) The following TANF fund amounts 
217.30 	are appropriated to the commissioner for 
217.31 	purposes of MFIP/transition year child care 
217.32 	assistance under Minnesota Statutes, section 
217.33 	119B.05:
217.34 	(1) fiscal year 2016, $49,135,000;
218.1 	(2) fiscal year 2017, $49,658,000;
218.2 	(3) fiscal year 2018, $49,658,000; and
218.3 	(4) fiscal year 2019, $49,658,000.
218.4 	(b) The commissioner shall authorize the 
218.5 	transfer of sufficient TANF funds to the 
218.6 	federal child care and development fund to 
218.7 	meet this appropriation and shall ensure that 
218.8 	all transferred funds are expended according 
218.9 	to federal child care and development fund 
218.10 	regulations.

218.11	Subd. 4.Central Office
 					
218.12 	The amounts that may be spent from this 
218.13 	appropriation for each purpose are as follows:

218.14	(a) Operations

218.15	Appropriations by Fund
	
218.16	General
	113,514,000
	111,463,000
	
218.17
218.18	State Government 
Special Revenue
	4,389,000
	4,149,000
	
218.19	Health Care Access
	14,646,000
	13,751,000
	
218.20	Federal TANF
	100,000
	100,000
	
218.21 	Base Level Adjustment. The general fund 
218.22 	base is  increased by $561,000 in fiscal years 
218.23 	2018 and  2019. The health care access fund 
218.24 	base is decreased by $455,000 in fiscal years 
218.25 	2018 and 2019.
218.26 	Administrative Recovery; Set-Aside. The 
218.27 	commissioner may invoice local entities 
218.28 	through the SWIFT accounting system as an 
218.29 	alternative means to recover the actual cost 
218.30 	of administering the following provisions:
218.31 	(1) Minnesota Statutes, section 125A.744, 
218.32 	subdivision 3;
218.33 	(2) Minnesota Statutes, section 245.495, 
218.34 	paragraph (b);
219.1 	(3) Minnesota Statutes, section 256B.0625, 
219.2 	subdivision 20, paragraph (k);
219.3 	(4) Minnesota Statutes, section 256B.0924, 
219.4 	subdivision 6, paragraph (g);
219.5 	(5) Minnesota Statutes, section 256B.0945, 
219.6 	subdivision 4, paragraph (d); and
219.7 	(6) Minnesota Statutes, section 256F.10, 
219.8 	subdivision 6, paragraph (b).
219.9 	IT Appropriations Generally. This 
219.10 	appropriation includes funds for information 
219.11 	technology projects, services, and support. 
219.12 	Notwithstanding  Minnesota Statutes, 
219.13 	section 16E.0466, funding for information 
219.14 	technology project costs shall be incorporated 
219.15 	into the service level agreement and paid 
219.16 	to the Office of MN.IT Services by the 
219.17 	Department of Human Services under 
219.18 	the rates and mechanism specified in that 
219.19 	agreement.
219.20 	Continued Development of MNsure 
219.21 	IT System. The following amounts are 
219.22 	appropriated for transfer to the state systems 
219.23 	account under Minnesota Statutes, section 
219.24 	256.014:
219.25 	(1) $5,180,000 in fiscal year 2016 and 
219.26 	$2,590,000 in fiscal year 2017 are from 
219.27 	the general fund for the state share of 
219.28 	Medicaid-allocated costs for the acceleration 
219.29 	of the MNsure IT system development 
219.30 	project. The general fund base is $3,045,000 
219.31 	each year in fiscal years 2018 and 2019; and
219.32 	(2) $1,820,000 in fiscal year 2016 and 
219.33 	$910,000 in fiscal year 2017 are from the 
219.34 	health care access fund for the state share 
220.1 	of MinnesotaCare-allocated costs for the 
220.2 	acceleration of the MNsure IT system 
220.3 	development project. The health care access 
220.4 	fund base is $455,000 each year in fiscal 
220.5 	years 2018 and 2019.

220.6	(b) Children and Families

220.7	Appropriations by Fund
	
220.8	General
	11,609,000
	11,993,000
	
220.9	Federal TANF
	2,582,000
	2,582,000
	
220.10 	Base Level Adjustment. The general fund 
220.11 	base is  increased by $31,000 in fiscal years 
220.12 	2018 and 2019.
220.13 	Financial Institution Data Match and 
220.14 	Payment of Fees. The commissioner is 
220.15 	authorized to allocate up to $310,000 each 
220.16 	year in fiscal year 2016 and fiscal year 
220.17 	2017 from the PRISM special revenue 
220.18 	account to make payments to financial 
220.19 	institutions in exchange for performing 
220.20 	data matches between account information 
220.21 	held by financial institutions and the public 
220.22 	authority's database of child support obligors 
220.23 	as authorized by Minnesota Statutes, section 
220.24 	13B.06, subdivision 7. 

220.25	(c) Health Care

220.26	Appropriations by Fund
	
220.27	General
	15,534,000
	16,119,000
	
220.28	Health Care Access
	30,174,000
	30,216,000
	
220.29 	Base Level Adjustment. The general fund 
220.30 	base is decreased by $16,000 in fiscal year 
220.31 	2018 and is decreased by $114,000 in fiscal 
220.32 	year 2019. The health care access fund base 
220.33 	is increased by $1,740,000 in fiscal year 
220.34 	2018 only.

220.35	(d) Continuing Care

221.1	Appropriations by Fund
	
221.2	General
	31,367,000
	29,235,000
	
221.3
221.4	State Government 
Special Revenue
	125,000
	125,000
	
221.5 	Base Level Adjustment. The general fund 
221.6 	base is increased by $111,000 in fiscal years 
221.7 	2018 and 2019.

221.8	(e) Chemical and Mental Health

221.9	Appropriations by Fund
	
221.10	General
	6,855,000
	7,270,000
	
221.11	Lottery Prize
	160,000
	163,000
	
221.12 	Base Level Adjustment. The general fund 
221.13 	base is decreased by $213,000 in fiscal year 
221.14 	2018 and is decreased by $265,000 in fiscal 
221.15 	year 2019.

221.16	Subd. 5.Forecasted Programs
 					
221.17 	The amounts that may be spent from this 
221.18 	appropriation for each purpose are as follows:

221.19	(a) MFIP/DWP

221.20	Appropriations by Fund
	
221.21	General
	91,040,000
	93,952,000
	
221.22	Federal TANF
	86,139,000
	82,546,000

221.23	(b) MFIP Child Care Assistance
		99,736,000
		107,296,000

221.24	(c) General Assistance
		55,884,000
		58,600,000
	
221.25 	General Assistance Standard. The 
221.26 	commissioner shall set the monthly standard 
221.27 	of assistance for general assistance units 
221.28 	consisting of an adult recipient who is 
221.29 	childless and unmarried or living apart 
221.30 	from parents or a legal guardian at $203. 
221.31 	The commissioner may reduce this amount 
221.32 	according to Laws 1997, chapter 85, article 
221.33 	3, section 54. 
222.1 	Emergency General Assistance. The 
222.2 	amount appropriated for emergency 
222.3 	general assistance is limited to no more 
222.4 	than $6,729,812 in fiscal year 2016 and 
222.5 	$6,729,812 in fiscal year 2017. Funds 
222.6 	to counties shall be allocated by the 
222.7 	commissioner using the allocation method 
222.8 	under Minnesota Statutes, section 256D.06.

222.9	(d) Minnesota Supplemental Aid
		39,668,000
		40,207,000

222.10	(e) Group Residential Housing
		156,612,000
		170,619,000

222.11	(f) Northstar Care for Children
		45,206,000
		49,599,000

222.12	(g) MinnesotaCare
		398,264,000
		472,748,000
	
222.13 	This appropriation is from the health care 
222.14 	access fund.

222.15	(h) Medical Assistance

222.16	Appropriations by Fund
	
222.17	General
	4,887,942,000
	5,109,885,000
	
222.18	Health Care Access
	196,186,000
	206,650,000
	
222.19 	Critical Access Nursing Facilities.
222.20 	$1,500,000 each fiscal year is for critical 
222.21 	access nursing facilities under Minnesota 
222.22 	Statutes, section 256B.441, subdivision 63.

222.23	(i) Alternative Care
		43,996,000
		43,220,000
	
222.24 	Alternative Care Transfer. Any money 
222.25 	allocated to the alternative care program  that 
222.26 	is not spent for the purposes indicated does 
222.27 	not cancel but must be transferred to the 
222.28 	medical assistance account. 

222.29	(j) Chemical Dependency Treatment Fund
		82,454,000
		88,983,000

222.30	Subd. 6.Grant Programs
 					
222.31 	The amounts that may be spent from this 
222.32 	appropriation for each purpose are as follows:

223.1	(a) Support Services Grants

223.2	Appropriations by Fund
	
223.3	General
	13,258,000
	8,840,000
	
223.4	Federal TANF
	96,311,000
	96,311,000
	
223.5 	Base Level Adjustment. The general fund 
223.6 	base is increased by $227,000 in fiscal years 
223.7 	2018 and 2019.

223.8
223.9	(b) Basic Sliding Fee Child Care Assistance 
Grants
		52,269,000
		53,145,000
	
223.10 	Basic Sliding Fee Waiting List Allocation.
223.11 	Notwithstanding Minnesota Statutes, section 
223.12 	119B.03, funds appropriated to reduce the 
223.13 	basic sliding fee program waiting list in state 
223.14 	fiscal year 2016 are allocated as follows:
223.15 	(1) The calendar year 2016 allocation shall 
223.16 	be increased to serve families on the waiting 
223.17 	list. To receive funds appropriated for this 
223.18 	purpose, a county must have:
223.19 	(i) a waiting list in the most recent published 
223.20 	waiting list month; 
223.21 	(ii) an average of at least ten families on the 
223.22 	most recent six months of published waiting 
223.23 	list; and 
223.24 	(iii) total expenditures in calendar year 
223.25 	2014 that met or exceeded 80 percent of the 
223.26 	county's available final allocation.
223.27 	(2) Funds shall be distributed proportionately 
223.28 	based on the average of the most recent six 
223.29 	months of published waiting lists to counties 
223.30 	that meet the criteria in clause (1).
223.31 	(3) Allocations in calendar years 2017 
223.32 	and  beyond shall be calculated using the  
223.33 	allocation formula in Minnesota Statutes, 
223.34 	section 119B.03.
224.1 	(4) The guaranteed floor for calendar year 
224.2 	2017 shall be based on the revised calendar 
224.3 	year 2016  allocation. 
224.4 	Base Level Adjustment. The general fund 
224.5 	base is increased by $3,545,000 in fiscal 
224.6 	years 2018 and 2019.

224.7	(c) Child Care Development Grants
		2,600,000
		3,347,000

224.8	(d) Child Support Enforcement Grants
		50,000
		50,000

224.9	(e) Children's Services Grants

224.10	Appropriations by Fund
	
224.11	General
	14,600,000
	14,600,000
	
224.12	Federal TANF
	140,000
	140,000
	
224.13 	Base Level Adjustment. The general fund 
224.14 	base is increased by $865,000 in fiscal years 
224.15 	2018 and 2019.
224.16 	Title IV-E Adoption Assistance. Additional 
224.17 	federal reimbursement to the state as a result 
224.18 	of the Fostering Connections to Success 
224.19 	and Increasing Adoptions Act's expanded 
224.20 	eligibility for title IV-E adoption assistance 
224.21 	is appropriated to the commissioner 
224.22 	for postadoption services, including a 
224.23 	parent-to-parent support network. 
224.24 	Adoption Assistance Incentive Grants.
224.25 	Federal funds available during fiscal years 
224.26 	2016 and 2017 for adoption incentive grants 
224.27 	are appropriated to the commissioner for 
224.28 	these purposes.

224.29	(f) Children and Community Service Grants
		57,701,000
		57,701,000
	
224.30 	White Earth Band of Ojibwe Human 
224.31 	Services. $1,400,000 in fiscal year 2016 
224.32 	and $1,400,000 in fiscal year 2017 are 
224.33 	appropriated for a grant to the White Earth 
224.34 	Band of Ojibwe for the direct implementation 
225.1 	and administrative costs of the White Earth 
225.2 	transfer authorized under Laws 2011, First 
225.3 	Special Session chapter 9, article 9, section 
225.4 	18. This appropriation is added to the base.

225.5	(g) Children and Economic Support Grants
		23,610,000
		23,793,000
	
225.6 	Minnesota Food Assistance Program.
225.7 	Unexpended funds for the Minnesota food 
225.8 	assistance program for fiscal year 2016 do 
225.9 	not cancel but are available for this purpose 
225.10 	in fiscal year 2017. 
225.11 	Base Level Adjustment. The general fund 
225.12 	base is increased by $209,000 in fiscal year 
225.13 	2018 and is increased by $447,000 in fiscal 
225.14 	year 2019.

225.15	(h) Health Care Grants

225.16	Appropriations by Fund
	
225.17	General
	90,000
	640,000
	
225.18	Health Care Access
	3,341,000
	3,465,000
	
225.19 	Base Level Adjustment. The general fund 
225.20 	base is increased by $600,000 in fiscal year 
225.21 	2018 only.

225.22	(i) Aging and Adult Services Grants
		27,713,000
		27,412,000

225.23	(j) Deaf and Hard-of-Hearing Grants
		1,875,000
		1,875,000

225.24	(k) Disabilities Grants
		21,798,000
		21,983,000
	
225.25 	Transition Populations. $1,551,000 in 
225.26 	fiscal year 2016 and $1,725,000 in fiscal 
225.27 	year 2017 are appropriated for home 
225.28 	and community-based services transition 
225.29 	grants to assist in providing home and 
225.30 	community-based services and treatment 
225.31 	for transition populations under Minnesota 
225.32 	Statutes, section 256.478.

225.33	(l) Adult Mental Health Grants

226.1	Appropriations by Fund
	
226.2	General
	67,392,000
	68,244,000
	
226.3	Health Care Access
	2,610,000
	3,513,000
	
226.4	Lottery Prize
	1,733,000
	1,733,000
	
226.5 	Base Level Adjustment. The general fund 
226.6 	base is  increased by $3,076,000 in fiscal year 
226.7 	2018 and  is increased by $3,376,000 in fiscal 
226.8 	year 2019. The health care access fund base 
226.9 	is decreased by $2,763,000 in fiscal years 
226.10 	2018 and 2019.
226.11 	Funding Usage. Up to 75 percent of a fiscal 
226.12 	year's appropriation for adult mental health 
226.13 	grants may be used to fund allocations in that 
226.14 	portion of the fiscal year ending December 
226.15 	31.
226.16 	Problem Gambling. $225,000 in fiscal year 
226.17 	2016 and $225,000 in fiscal year 2017 are 
226.18 	appropriated from the lottery prize fund for a 
226.19 	grant to the state affiliate  recognized by the 
226.20 	National Council on  Problem Gambling. The 
226.21 	affiliate must  provide services to increase 
226.22 	public awareness of problem gambling, 
226.23 	education, and training for individuals and 
226.24 	organizations providing effective treatment 
226.25 	services to problem gamblers and their 
226.26 	families, and research related to problem 
226.27 	gambling.
226.28 	Assertive Community Treatment. Of the 
226.29 	general fund amount, $250,000 for fiscal 
226.30 	year 2016 and $500,000 for fiscal year 2017 
226.31 	are for the development of new assertive 
226.32 	community treatment services, including 
226.33 	a forensic assertive community treatment 
226.34 	team, and to enhance the quality of current 
226.35 	assertive community treatment services.
227.1 	Housing with Supports. Of the general 
227.2 	fund amount, $825,000 in fiscal year 2016 
227.3 	and $1,723,000 in fiscal year 2017 are 
227.4 	for housing with supports for adults with 
227.5 	serious mental illness and increasing existing 
227.6 	amounts allocated to housing with supports 
227.7 	grant funds.
227.8 	Housing with Supports. Of the health care 
227.9 	access fund appropriation, $675,000 in fiscal 
227.10 	year 2016 and $1,277,000 in fiscal year 2017 
227.11 	are for housing with supports for adults with 
227.12 	serious mental illness and increasing existing 
227.13 	amounts allocated to housing with supports 
227.14 	grant funds.
227.15 	Mental Health Crisis Services. Of the health 
227.16 	care access fund appropriation, $1,035,000 
227.17 	in fiscal year 2016 and $1,040,000 in fiscal 
227.18 	year 2017 are for increasing existing amounts 
227.19 	allocated to adult mental health crisis grants.
227.20 	Sustainability Grants. $2,125,000 in fiscal 
227.21 	year 2016 and $2,125,000 in fiscal year 2017 
227.22 	are for sustainability grants under Minnesota 
227.23 	Statutes, section 256B.0622, subdivision 11.

227.24	(m) Child Mental Health Grants
		21,921,000
		23,188,000
	
227.25 	Early Childhood Mental Health Grants.
227.26 	$922,000 in fiscal year 2017 is for increasing 
227.27 	existing amounts allocated to early childhood 
227.28 	intervention grant funding to provide mental 
227.29 	health consultation.
227.30 	Mental Health Crisis Services. $1,035,000 
227.31 	in fiscal year 2016 and $1,040,000 in fiscal 
227.32 	year 2017 are for increasing existing amounts 
227.33 	allocated to children's mental health crisis 
227.34 	grants.
228.1 	Respite Care. $250,000 in fiscal year 2016 
228.2 	and $500,000 in fiscal year 2017 are for 
228.3 	increasing existing amounts allocated to 
228.4 	children's mental health respite care grants.
228.5 	Services and Supports for First Episode 
228.6 	Psychosis. $90,000 for fiscal year 2017 is 
228.7 	for grants to mental health providers to pilot 
228.8 	evidence-based interventions for youth at risk 
228.9 	of developing or experiencing a first episode 
228.10 	of psychosis and for a public awareness 
228.11 	campaign on the signs and symptoms of 
228.12 	psychosis.
228.13 	Base Level Adjustment. The general fund 
228.14 	base is  increased by $1,324,000 in fiscal year 
228.15 	2018 and is increased by $1,689,000 in fiscal 
228.16 	year 2019.
228.17 	Funding Usage. Up to 75 percent of a fiscal 
228.18 	year's appropriation for child mental health 
228.19 	grants may be used to fund allocations in that 
228.20 	portion of the fiscal year ending December 
228.21 	31.

228.22
228.23	(n) Chemical Dependency Treatment Support 
Grants
		1,161,000
		1,161,000

228.24	Subd. 7.DCT State-Operated Services
 					
228.25 	Transfer Authority for State-Operated 
228.26 	Services. Money appropriated for 
228.27 	state-operated  services may be transferred 
228.28 	between fiscal years of the biennium 
228.29 	with the approval of the commissioner of 
228.30 	management and budget.
228.31 	The amounts that may be spent from the 
228.32 	appropriation for each purpose are as follows:

228.33
228.34	(a) DCT State-Operated Services Mental 
Health
		126,244,000
		125,065,000
	
229.1 	Base Level Adjustment. The general fund 
229.2 	base is  increased by $5,351,000 in fiscal year 
229.3 	2018 and  is increased by $10,701,000 in 
229.4 	fiscal year 2019.
229.5 	Dedicated Receipts Available. Of the 
229.6 	revenue received under Minnesota  Statutes, 
229.7 	section 246.18, subdivision 8, paragraph 
229.8 	(a), up to $1,000,000 each year is available 
229.9 	for the purposes of Minnesota Statutes, 
229.10 	section 246.18, subdivision 8, paragraph 
229.11 	(b), clause (1); up to $1,000,000 each year 
229.12 	is available to transfer to the adult mental 
229.13 	health grants budget activity for the purposes 
229.14 	of Minnesota Statutes, section 246.18, 
229.15 	subdivision 8, paragraph (b), clause (2); and 
229.16 	up to $2,713,000 each year is available for 
229.17 	the purposes of Minnesota Statutes, section 
229.18 	246.18, subdivision 8, paragraph (b), clause 
229.19 	(3).
229.20 	Public Psychiatric Residency 
229.21 	Collaboration. $118,000 in fiscal year 
229.22 	2016 and $236,000 in fiscal year 2017 are 
229.23 	for paying psychiatric resident stipends 
229.24 	for residents enrolled in the University of  
229.25 	Minnesota psychiatry residency program. 
229.26 	This appropriation is added to the base.

229.27
229.28	(b) DCT State-Operated Services Enterprise 
Services
		6,031,000
		1,799,000
	
229.29 	Base Level Adjustment. The general fund 
229.30 	base is decreased by $1,023,000 in fiscal 
229.31 	years 2018 and 2019.
229.32 	Community Addiction Recovery 
229.33 	Enterprise (C.A.R.E.). $6,031,000 in fiscal 
229.34 	year 2016 and $1,799,000 in fiscal year 
229.35 	2017 are for the Community Addiction 
230.1 	Recovery Enterprise (C.A.R.E.) program. 
230.2 	The commissioner must transfer $6,031,000 
230.3 	in fiscal year 2016 and $1,799,000 in fiscal 
230.4 	year 2017 to the enterprise fund for the 
230.5 	Community Addiction  Recovery Enterprise.

230.6
230.7	(c) DCT State-Operated Services Minnesota 
Security Hospital
		81,647,000
		82,862,000

230.8
230.9	Subd. 8.DCT Minnesota Sex Offender 
Program
 		86,473,000
		89,464,000
	
230.10 	Individual Evaluations of MSOP Client.
230.11 	$1,487,000 in fiscal year 2016 and $1,487,000 
230.12 	in fiscal year 2017 are to conduct biennial 
230.13 	individual evaluations of MSOP clients on 
230.14 	statutory criteria for reduction in custody. 
230.15 	This appropriation is added to the base.
230.16 	Transfer Authority for Minnesota Sex 
230.17 	Offender Program. Money appropriated 
230.18 	for  the Minnesota sex offender program 
230.19 	may be transferred between fiscal years 
230.20 	of the biennium with the approval of the 
230.21 	commissioner of management and budget.
230.22 	Limited Carryforward Allowed.
230.23 	Notwithstanding any contrary provision 
230.24 	in this article, of this appropriation, up to 
230.25 	$875,000 in fiscal year 2016 and $2,625,000 
230.26 	in fiscal year 2017 are available until June 
230.27 	30, 2019.
230.28 	Base Level Adjustment. The general fund 
230.29 	base is  decreased by $2,625,000 in fiscal 
230.30 	years 2018 and  2019. 

230.31	Subd. 9.Technical Activities
 		81,471,000
		82,327,000
	
230.32 	This appropriation is from the federal TANF 
230.33 	fund.
230.34 	Base Level Adjustment. The federal TANF 
230.35 	fund base is increased by $204,000 in fiscal 
231.1 	year 2018 and is increased by $192,000 in 
231.2 	fiscal year 2019.

231.3	Sec. 3. COMMISSIONER OF HEALTH

231.4	Subdivision 1.Total Appropriation
 	$
	175,960,000
	$
	177,528,000

231.5	Appropriations by Fund
	
231.6		2016
	2017
	
231.7	General
	80,318,000
	81,921,000
	
231.8
231.9	State Government 
Special Revenue
	55,092,000
	55,562,000
	
231.10	Health Care Access
	28,837,000
	28,332,000
	
231.11	Federal TANF
	11,713,000
	11,713,000
	
231.12 	The amounts that may be spent for each 
231.13 	purpose are specified in the following 
231.14 	subdivisions.

231.15	Subd. 2.Health Improvement

231.16	Appropriations by Fund
	
231.17	General
	59,602,000
	61,062,000
	
231.18
231.19	State Government 
Special Revenue
	6,261,000
	6,179,000
	
231.20	Health Care Access
	28,837,000
	28,332,000
	
231.21	Federal TANF
	11,713,000
	11,713,000
	
231.22 	Local and Tribal Public Health Grants. (a) 
231.23 	$894,000 in fiscal year 2016 and $894,000 in 
231.24 	fiscal year 2017 are for an increase in local 
231.25 	public health grants for community health 
231.26 	boards under Minnesota Statutes, section 
231.27 	145A.131, subdivision 1, paragraph (e).
231.28 	(b) $106,000 in fiscal year 2016 and $106,000 
231.29 	in fiscal year 2017 are for an increase in 
231.30 	special grants to tribal governments under 
231.31 	Minnesota Statutes, section 145A.14, 
231.32 	subdivision 2a.
231.33 	Evidence-Based Home Visiting.  $650,000 
231.34 	in fiscal year 2016 and $2,000,000 in fiscal 
231.35 	year 2017 from the general fund are for 
231.36 	competitive evidence-based home visiting 
232.1 	grants to community health boards and tribal 
232.2 	governments under Minnesota Statutes, 
232.3 	section 145A.17.
232.4 	Family Planning Special Projects.
232.5 	$1,000,000 in fiscal year 2016 and 
232.6 	$1,000,000 in fiscal year 2017 from the 
232.7 	general fund are for family planning special 
232.8 	project grants under Minnesota Statutes, 
232.9 	section 145.925.
232.10 	TANF Appropriations. (a) $1,156,000 of  
232.11 	the TANF funds is appropriated each year of  
232.12 	the biennium to the commissioner for family 
232.13 	planning grants under Minnesota Statutes, 
232.14 	section 145.925.
232.15 	(b) $3,579,000 of the TANF funds is 
232.16 	appropriated each year of the biennium to 
232.17 	the commissioner for home visiting and  
232.18 	nutritional services listed under Minnesota 
232.19 	Statutes, section 145.882, subdivision 7, 
232.20 	clauses (6) and (7). Funds must be distributed 
232.21 	to community health boards according to 
232.22 	Minnesota Statutes, section 145A.131, 
232.23 	subdivision 1, paragraph (a).
232.24 	(c) $2,000,000 of the TANF funds is 
232.25 	appropriated each year of the biennium to 
232.26 	the commissioner for decreasing racial and 
232.27 	ethnic disparities in infant mortality rates 
232.28 	under Minnesota Statutes, section 145.928, 
232.29 	subdivision 7.
232.30 	(d) $4,978,000 of the TANF funds is 
232.31 	appropriated each year of the biennium to the 
232.32 	commissioner for the family home visiting 
232.33 	grant program according to Minnesota 
232.34 	Statutes, section 145A.17. $4,000,000 of the 
232.35 	funding must be distributed to community 
233.1 	health boards according to Minnesota 
233.2 	Statutes, section 145A.131, subdivision 1, 
233.3 	paragraph (a). $978,000 of the funding must 
233.4 	be distributed  to tribal governments based 
233.5 	on Minnesota Statutes, section 145A.14, 
233.6 	subdivision 2a.
233.7 	(e) The commissioner may use up to 6.23 
233.8 	percent of the funds appropriated each fiscal 
233.9 	year to conduct the ongoing evaluations 
233.10 	required under Minnesota Statutes, section 
233.11 	145A.17, subdivision 7, and training and 
233.12 	technical assistance as required under 
233.13 	Minnesota Statutes, section 145A.17, 
233.14 	subdivisions 4 and 5.
233.15 	TANF Carryforward. Any unexpended  
233.16 	balance of the TANF appropriation in the 
233.17 	first year of the biennium does not cancel but  
233.18 	is available for the second year.
233.19 	Base Level Adjustments. The general fund 
233.20 	base is reduced by $50,000 in fiscal year 
233.21 	2018. The state government special revenue 
233.22 	fund base is increased by $33,000 in fiscal 
233.23 	year 2018. The health care access fund base 
233.24 	is increased by $600,000 in fiscal year 2018.

233.25	Subd. 3.Health Protection

233.26	Appropriations by Fund
	
233.27	General
	12,506,000
	12,635,000
	
233.28
233.29	State Government 
Special Revenue
	48,831,000
	49,383,000
	
233.30 	Base Level Adjustments. The state 
233.31 	government special revenue fund base is 
233.32 	increased by $70,000 in fiscal year 2018 and 
233.33 	is increased by $43,000 in fiscal year 2019.

233.34	Subd. 4.Administrative Support Services
 		8,210,000
		8,224,000

234.1	Sec. 4. HEALTH-RELATED BOARDS

234.2	Subdivision 1.Total Appropriation
 	$
	19,707,000
	$
	19,597,000
	
234.3 	This appropriation is from the state 
234.4 	government special revenue fund. The 
234.5 	amounts that may be spent for each purpose 
234.6 	are specified in the following subdivisions.

234.7	Subd. 2.Board of Chiropractic Examiners
 		507,000
		513,000

234.8	Subd. 3.Board of Dentistry
 		2,192,000
		2,206,000
	
234.9 	This appropriation includes $864,000 in fiscal 
234.10 	year 2016 and $878,000 in fiscal year 2017 
234.11 	for the health professional services program.

234.12
234.13	Subd. 4.Board of Dietetics and Nutrition 
Practice
 		113,000
		115,000

234.14
234.15	Subd. 5.Board of Marriage and Family 
Therapy
 		234,000
		237,000

234.16	Subd. 6.Board of Medical Practice
 		3,933,000
		3,962,000

234.17	Subd. 7.Board of Nursing
 		4,189,000
		4,243,000

234.18
234.19	Subd. 8.Board of Nursing Home 
Administrators
 		2,365,000
		2,062,000
	
234.20 	Administrative Services Unit - Operating 
234.21 	Costs. Of this appropriation, $1,482,000 
234.22 	in fiscal year 2016 and $1,497,000 in 
234.23 	fiscal year 2017 are for operating costs 
234.24 	of the administrative services unit. The 
234.25 	administrative services unit may receive 
234.26 	and expend reimbursements for services 
234.27 	performed by other agencies.
234.28 	Administrative Services Unit - Volunteer 
234.29 	Health Care Provider Program. Of this 
234.30 	appropriation, $150,000 in fiscal year 2016 
234.31 	and $150,000 in fiscal year 2017 are to pay 
234.32 	for medical professional liability coverage 
234.33 	required under Minnesota Statutes, section 
234.34 	214.40.
235.1 	Administrative Services Unit - Retirement 
235.2 	Costs. Of this appropriation, $320,000 in 
235.3 	fiscal year 2016 is a onetime appropriation 
235.4 	to the administrative services unit to pay for 
235.5 	the retirement costs of health-related board 
235.6 	employees. This funding may be transferred 
235.7 	to the health board incurring the retirement 
235.8 	costs. These funds are available either year 
235.9 	of the biennium.
235.10 	Administrative Services Unit - Contested 
235.11 	Cases and Other Legal Proceedings. Of 
235.12 	this appropriation, $200,000 in fiscal year 
235.13 	2016 and $200,000 in fiscal year 2017 are 
235.14 	for costs of contested case hearings and other 
235.15 	unanticipated costs of legal proceedings 
235.16 	involving health-related boards funded 
235.17 	under this section. Upon certification by a 
235.18 	health-related board to the administrative 
235.19 	services unit that the costs will be incurred 
235.20 	and that there is insufficient money available 
235.21 	to pay for the costs out of money currently 
235.22 	available to that board, the administrative 
235.23 	services unit is authorized to transfer money 
235.24 	from this appropriation to the board for 
235.25 	payment of those costs with the approval 
235.26 	of the commissioner of management and 
235.27 	budget.

235.28	Subd. 9.Board of Optometry
 		138,000
		143,000

235.29	Subd. 10.Board of Pharmacy
 		2,847,000
		2,888,000

235.30	Subd. 11.Board of Physical Therapy
 		354,000
		359,000

235.31	Subd. 12.Board of Podiatry
 		78,000
		79,000

235.32	Subd. 13.Board of Psychology
 		874,000
		884,000

235.33	Subd. 14.Board of Social Work
 		1,141,000
		1,155,000

235.34	Subd. 15.Board of Veterinary Medicine
 		262,000
		265,000

236.1
236.2	Subd. 16.Board of Behavioral Health and 
Therapy
 		480,000
		486,000

236.3
236.4	Sec. 5. EMERGENCY MEDICAL SERVICES 
REGULATORY BOARD
 	$
	2,872,000
	$
	3,006,000
	
236.5 	Regional Grants. $585,000 in fiscal year 
236.6 	2016 and $585,000 in fiscal year 2017 are 
236.7 	for regional emergency medical services  
236.8 	programs, to be distributed equally to the 
236.9 	eight emergency medical service regions.
236.10 	Cooper/Sams Volunteer Ambulance 
236.11 	Program. $700,000 in fiscal year 2016 and 
236.12 	$700,000 in fiscal year 2017 are for the 
236.13 	Cooper/Sams volunteer ambulance program 
236.14 	under Minnesota Statutes, section 144E.40.
236.15 	(a) Of this amount, $611,000 in fiscal year  
236.16 	2016 and $611,000 in fiscal year 2017 
236.17 	are for the ambulance service personnel 
236.18 	longevity award and incentive program under 
236.19 	Minnesota Statutes, section 144E.40.
236.20 	(b) Of this amount, $89,000 in fiscal year 
236.21 	2016 and $89,000 in fiscal year 2017 are 
236.22 	for the operations of the ambulance service 
236.23 	personnel longevity award and incentive 
236.24 	program under Minnesota Statutes, section 
236.25 	144E.40.
236.26 	Ambulance Training Grant. $361,000 in 
236.27 	fiscal year 2016 and $361,000 in fiscal year 
236.28 	2017 are for training grants.
236.29 	EMSRB Board Operations. $1,226,000 in 
236.30 	fiscal year 2016 and $1,360,000 in fiscal year 
236.31 	2017 are for board operations.

236.32	Sec. 6. COUNCIL ON DISABILITY
 	$
	622,000
	$
	629,000

237.1
237.2
237.3	Sec. 7. OMBUDSMAN FOR MENTAL 
HEALTH AND DEVELOPMENTAL 
DISABILITIES
 	$
	2,097,000
	$
	2,217,000

237.4	Sec. 8. OMBUDSPERSONS FOR FAMILIES
 	$
	392,000
	$
	453,000

237.5 	Sec. 9. Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision 
237.6 	to read:
237.7 		Subd. 40.Nonfederal share transfers. The nonfederal share of activities for 
237.8 	which federal administrative reimbursement is appropriated to the commissioner may 
237.9 	be transferred to the special revenue fund.

237.10 	Sec. 10. TRANSFERS.
 237.11 		Subdivision 1.Grants. The commissioner of human services, with the approval of 
237.12 	the commissioner of management and budget, may transfer unencumbered appropriation 
237.13 	balances for the biennium ending June 30, 2017, within fiscal years among the MFIP, 
237.14 	general assistance, general assistance medical care under Minnesota Statutes 2009 
237.15 	Supplement, section 256D.03, subdivision 3, medical assistance, MinnesotaCare, MFIP 
237.16 	child care assistance under Minnesota Statutes, section 119B.05, Minnesota supplemental 
237.17 	aid, and group residential housing programs, the entitlement portion of Northstar Care 
237.18 	for Children under Minnesota Statutes, chapter 256N, and the entitlement portion of 
237.19 	the chemical dependency consolidated treatment fund, and between fiscal years of the 
237.20 	biennium. The commissioner shall inform the chairs and ranking minority members of 
237.21 	the senate Health and Human Services Finance Division and the house of representatives 
237.22 	Health and Human Services Finance Committee quarterly about transfers made under 
237.23 	this subdivision.
237.24 		Subd. 2.Administration. Positions, salary money, and nonsalary administrative 
237.25 	money may be transferred within the Departments of Health and Human Services as the 
237.26 	commissioners consider necessary, with the advance approval of the commissioner of 
237.27 	management and budget. The commissioner shall inform the chairs and ranking minority 
237.28 	members of the senate Health and Human Services Finance Division and the house of 
237.29 	representatives Health and Human Services Finance Committee quarterly about transfers 
237.30 	made under this subdivision.

237.31 	Sec. 11. INDIRECT COSTS NOT TO FUND PROGRAMS.
 238.1 	The commissioners of health and human services shall not use indirect cost 
238.2 	allocations to pay for the operational costs of any program for which they are responsible.

238.3 	Sec. 12. EXPIRATION OF UNCODIFIED LANGUAGE.
 238.4 	All uncodified language contained in this article expires on June 30, 2017, unless a 
238.5 	different expiration date is explicit.

238.6 	Sec. 13. EFFECTIVE DATE.
 238.7 	This article is effective July 1, 2015, unless a different effective date is specified.