1.1 	A bill for an act
1.2 	relating to state government; making supplemental appropriations for human 
1.3 	services, health, and related boards; modifying provisions governing continuing 
1.4 	care, health care, MNsure, Department of Health programs, chemical and 
1.5 	mental health services, children and family services, health licensing boards, 
1.6 	and miscellaneous health and human services programs; making technical 
1.7 	changes; adjusting rates for nursing facilities in border cities; dental payment 
1.8 	rate, and child care assistance for cities located in multiple counties; creating 
1.9 	licenses relating to orthotics, genetic counselors, and massage and body therapy; 
1.10 	requiring reports; modifying fees; appropriating money;amending Minnesota 
1.11 	Statutes 2014, sections 13.3805, by adding a subdivision; 62J.495, subdivision 4; 
1.12 	62J.496, subdivision 1; 62V.04, subdivisions 2, 3, 4; 62V.05, subdivision 2, by 
1.13 	adding a subdivision; 62V.11, by adding a subdivision; 119B.13, subdivision 1; 
1.14 	144.05, by adding a subdivision; 144.293, subdivision 2; 144A.071, subdivisions 
1.15 	4c, 4d; 144A.073, subdivisions 13, 14, by adding a subdivision; 144A.471, 
1.16 	subdivision 9; 144A.611, subdivisions 1, 2, by adding a subdivision; 144A.75, 
1.17 	subdivisions 5, 6, 8, by adding a subdivision; 145.4716, subdivision 2, by adding 
1.18 	a subdivision; 146A.06, subdivision 3; 146A.09, by adding a subdivision; 
1.19 	149A.50, subdivision 2; 157.15, subdivision 14; 245.99, subdivision 2; 254B.03, 
1.20 	subdivision 4; 254B.04, subdivision 2a; 254B.06, subdivision 2, by adding a 
1.21 	subdivision; 256.01, by adding a subdivision; 256B.042, by adding a subdivision; 
1.22 	256B.0621, subdivision 10; 256B.0625, by adding subdivisions; 256B.0644; 
1.23 	256B.0924, by adding a subdivision; 256B.15, subdivisions 1a, 2, by adding 
1.24 	a subdivision; 256D.051, subdivision 6b; 256L.02, by adding a subdivision; 
1.25 	327.14, subdivision 9; 518.175, subdivision 5; 518A.34; 518A.36; 609.3241; 
1.26 	626.558, subdivisions 1, 2, by adding a subdivision; Minnesota Statutes 2015 
1.27 	Supplement, sections 62V.03, subdivision 2; 144.4961, subdivisions 3, 4, 5, 6, 
1.28 	8, by adding a subdivision; 144A.75, subdivision 13; 145.4131, subdivision 1; 
1.29 	149A.92, subdivision 1; 245.735, subdivisions 3, 4; 256B.059, subdivision 5; 
1.30 	256B.0625, subdivisions 17a, 18a, 20, 64; 256B.431, subdivision 36; 256B.441, 
1.31 	subdivisions 13, 53, 66; 256B.76, subdivision 2; 256B.766; 518A.26, subdivision 
1.32 	14; 518A.39, subdivision 2; Laws 2015, chapter 71, article 8, section 24; 
1.33 	article 14, sections 2, subdivision 5, as amended; 4, subdivisions 1, 3, 5, 10, 
1.34 	11; 9; proposing coding for new law in Minnesota Statutes, chapters 45; 62V; 
1.35 	144; 145; 148; 245A; 254B; 256B; 325F; 518A; proposing coding for new 
1.36 	law as Minnesota Statutes, chapters 147F; 153B; repealing Minnesota Statutes 
1.37 	2014, sections 62V.01; 62V.02; 62V.03, subdivisions 1, 3; 62V.04; 62V.05, 
1.38 	subdivisions 1, 2, 3, 4, 5, 9, 10; 62V.06; 62V.07; 62V.08; 62V.09; 62V.10; 62V.11, 
1.39 	subdivisions 1, 2, 4; 144.058; 149A.92, subdivision 11; 179A.50; 179A.51; 
2.1 	179A.52; 179A.53; Minnesota Statutes 2015 Supplement, sections 62V.03, 
2.2 	subdivision 2; 62V.05, subdivisions 6, 7, 8, 11; 62V.051; Minnesota Rules, 
2.3 	parts 7700.0010; 7700.0020; 7700.0030; 7700.0040; 7700.0050; 7700.0060; 
2.4 	7700.0070; 7700.0080; 7700.0090; 7700.0100; 7700.0101; 7700.0105.
2.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.6 	ARTICLE 1
2.7 	CONTINUING CARE

2.8 	Section 1. [62V.055] ADDITIONAL NOTICE TO APPLICANTS.
2.9 	The board, in consultation with the commissioner of human services, shall include in 
2.10 	the combined application for medical assistance, MinnesotaCare, and qualified health plan 
2.11 	coverage available through the MNsure portal, information and notice on the following: 
2.12 	(1) that when an applicant submits the combined application, eligibility for 
2.13 	subsidized coverage will be determined in the following order:
2.14 	(i) medical assistance;
2.15 	(ii) MinnesotaCare;
2.16 	(iii) advanced premium tax credits and cost-sharing subsidies; and
2.17 	(iv) qualified health plan coverage without a subsidy;
2.18 	(2) persons eligible for medical assistance are not eligible for MinnesotaCare, and 
2.19 	persons eligible for medical assistance or MinnesotaCare are not eligible for advanced 
2.20 	premium tax credits and cost-sharing subsidies; and
2.21 	(3) if a person enrolls in medical assistance, the state may claim repayment for the 
2.22 	cost of medical care or premiums paid for that care from the person's estate.

2.23 	Sec. 2. Minnesota Statutes 2014, section 144A.071, subdivision 4c, is amended to read:
2.24 		Subd. 4c.Exceptions for replacement beds after June 30, 2003. (a) The 
2.25 	commissioner of health, in coordination with the commissioner of human services, may 
2.26 	approve the renovation, replacement, upgrading, or relocation of a nursing home or 
2.27 	boarding care home, under the following conditions:
2.28 	(1) to license and certify an 80-bed city-owned facility in Nicollet County to be 
2.29 	constructed on the site of a new city-owned hospital to replace an existing 85-bed facility 
2.30 	attached to a hospital that is also being replaced. The threshold allowed for this project 
2.31 	under section 144A.073 shall be the maximum amount available to pay the additional 
2.32 	medical assistance costs of the new facility;
2.33 	(2) to license and certify 29 beds to be added to an existing 69-bed facility in St. 
2.34 	Louis County, provided that the 29 beds must be transferred from active or layaway status 
2.35 	at an existing facility in St. Louis County that had 235 beds on April 1, 2003.
3.1 	The licensed capacity at the 235-bed facility must be reduced to 206 beds, but the payment 
3.2 	rate at that facility shall not be adjusted as a result of this transfer. The operating payment 
3.3 	rate of the facility adding beds after completion of this project shall be the same as it was 
3.4 	on the day prior to the day the beds are licensed and certified. This project shall not 
3.5 	proceed unless it is approved and financed under the provisions of section 144A.073;
3.6 	(3) to license and certify a new 60-bed facility in Austin, provided that: (i) 45 of 
3.7 	the new beds are transferred from a 45-bed facility in Austin under common ownership 
3.8 	that is closed and 15 of the new beds are transferred from a 182-bed facility in Albert Lea 
3.9 	under common ownership; (ii) the commissioner of human services is authorized by the 
3.10 	2004 legislature to negotiate budget-neutral planned nursing facility closures; and (iii) 
3.11 	money is available from planned closures of facilities under common ownership to make 
3.12 	implementation of this clause budget-neutral to the state. The bed capacity of the Albert 
3.13 	Lea facility shall be reduced to 167 beds following the transfer. Of the 60 beds at the 
3.14 	new facility, 20 beds shall be used for a special care unit for persons with Alzheimer's 
3.15 	disease or related dementias;
3.16 	(4) to license and certify up to 80 beds transferred from an existing state-owned 
3.17 	nursing facility in Cass County to a new facility located on the grounds of the 
3.18 	Ah-Gwah-Ching campus. The operating cost payment rates for the new facility shall be 
3.19 	determined based on the interim and settle-up payment provisions of Minnesota Rules, 
3.20 	part 9549.0057, and the reimbursement provisions of section 256B.431. The property 
3.21 	payment rate for the first three years of operation shall be $35 per day. For subsequent 
3.22 	years, the property payment rate of $35 per day shall be adjusted for inflation as provided 
3.23 	in section 256B.434, subdivision 4, paragraph (c), as long as the facility has a contract 
3.24 	under section 256B.434;
3.25 	(5) to initiate a pilot program to license and certify up to 80 beds transferred from 
3.26 	an existing county-owned nursing facility in Steele County relocated to the site of a new 
3.27 	acute care facility as part of the county's Communities for a Lifetime comprehensive plan 
3.28 	to create innovative responses to the aging of its population. Upon relocation to the new 
3.29 	site, the nursing facility shall delicense 28 beds. The property payment rate for the first 
3.30 	three years of operation of external fixed costs for the new facility shall be increased by an 
3.31 	amount as calculated according to items (i) to (v):
3.32 	(i) compute the estimated decrease in medical assistance residents served by the 
3.33 	nursing facility by multiplying the decrease in licensed beds by the historical percentage 
3.34 	of medical assistance resident days;
3.35 	(ii) compute the annual savings to the medical assistance program from the 
3.36 	delicensure of 28 beds by multiplying the anticipated decrease in medical assistance 
4.1 	residents, determined in item (i), by the existing facility's weighted average payment rate 
4.2 	multiplied by 365;
4.3 	(iii) compute the anticipated annual costs for community-based services by 
4.4 	multiplying the anticipated decrease in medical assistance residents served by the nursing 
4.5 	facility, determined in item (i), by the average monthly elderly waiver service costs for 
4.6 	individuals in Steele County multiplied by 12;
4.7 	(iv) subtract the amount in item (iii) from the amount in item (ii); and
4.8 	(v) divide the amount in item (iv) by an amount equal to the relocated nursing 
4.9 	facility's occupancy factor under section 256B.431, subdivision 3f, paragraph (c), 
4.10 	multiplied by the historical percentage of medical assistance resident days.; and
4.11 	For subsequent years, the adjusted property payment rate shall be adjusted for 
4.12 	inflation as provided in section 256B.434, subdivision 4, paragraph (c), as long as the 
4.13 	facility has a contract under section 256B.434; and
4.14 	(6) to consolidate and relocate nursing facility beds to a new site in Goodhue County 
4.15 	and to integrate these services with other community-based programs and services under a 
4.16 	communities for a lifetime pilot program and comprehensive plan to create innovative 
4.17 	responses to the aging of its population. Eighty beds in the city of Red Wing shall be 
4.18 	transferred from the downsizing and relocation of an existing 84-bed, hospital-owned 
4.19 	nursing facility and the entire closure or downsizing of beds from a 65-bed nonprofit 
4.20 	nursing facility in the community resulting in the delicensure of 69 beds in the two 
4.21 	existing facilities Two nursing facilities, one for 84 beds and one for 65 beds, in the city of 
4.22 	Red Wing licensed on July 1, 2015, shall be consolidated into a newly renovated 64-bed 
4.23 	nursing facility resulting in the delicensure of 85 beds. Notwithstanding the carryforward 
4.24 	of the approval authority in section 144A.073, subdivision 11, the funding approved in 
4.25 	April 2009 by the commissioner of health for a project in Goodhue County shall not carry 
4.26 	forward. The closure of the 69 85 beds shall not be eligible for a planned closure rate 
4.27 	adjustment under section 256B.437. The construction project permitted in this clause shall 
4.28 	not be eligible for a threshold project rate adjustment under section 256B.434, subdivision 
4.29 	4f. The property payment rate for the first three years of operation ofexternal fixed costs for 
4.30 	the new facility shall be increased by an amount as calculated according to items (i) to (vi):
4.31 	(i) compute the estimated decrease in medical assistance residents served by both 
4.32 	nursing facilities by multiplying the difference between the occupied beds of the two 
4.33 	nursing facilities for the reporting year ending September 30, 2009, and the projected 
4.34 	occupancy of the facility at 95 percent occupancy by the historical percentage of medical 
4.35 	assistance resident days;
5.1 	(ii) compute the annual savings to the medical assistance program from the 
5.2 	delicensure by multiplying the anticipated decrease in the medical assistance residents, 
5.3 	determined in item (i), by the hospital-owned nursing facility weighted average payment 
5.4 	rate multiplied by 365;
5.5 	(iii) compute the anticipated annual costs for community-based services by 
5.6 	multiplying the anticipated decrease in medical assistance residents served by the 
5.7 	facilities, determined in item (i), by the average monthly elderly waiver service costs for 
5.8 	individuals in Goodhue County multiplied by 12;
5.9 	(iv) subtract the amount in item (iii) from the amount in item (ii);
5.10 	(v) multiply the amount in item (iv) by 48.5 57.2 percent; and
5.11 	(vi) divide the difference of the amount in item (iv) and the amount in item (v) by an 
5.12 	amount equal to the relocated nursing facility's occupancy factor under section 256B.431, 
5.13 	subdivision 3f, paragraph (c), multiplied by the historical percentage of medical assistance 
5.14 	resident days.
5.15 	For subsequent years, the adjusted property payment rate shall be adjusted for 
5.16 	inflation as provided in section 256B.434, subdivision 4, paragraph (c), as long as the 
5.17 	facility has a contract under section 256B.434.
5.18 	(b) Projects approved under this subdivision shall be treated in a manner equivalent 
5.19 	to projects approved under subdivision 4a.

5.20 	EFFECTIVE DATE. This section is effective for rate years beginning on or after 
5.21 	January 1, 2017, except that the amendment to paragraph (a), clause (6), transferring the 
5.22 	rate adjustment in items (i) to (vi) from the property payment rate to the payment rate for 
5.23 	external fixed costs, is effective for rate years beginning on or after January 1, 2017, or 
5.24 	upon completion of the closure and new construction authorized in paragraph (a), clause 
5.25 	(6), whichever is later. The commissioner of human services shall notify the revisor 
5.26 	of statutes when the section is effective.

5.27 	Sec. 3. Minnesota Statutes 2014, section 144A.071, subdivision 4d, is amended to read:
5.28 		Subd. 4d.Consolidation of nursing facilities. (a) The commissioner of health, 
5.29 	in consultation with the commissioner of human services, may approve a request for 
5.30 	consolidation of nursing facilities which includes the closure of one or more facilities 
5.31 	and the upgrading of the physical plant of the remaining nursing facility or facilities, 
5.32 	the costs of which exceed the threshold project limit under subdivision 2, clause (a). 
5.33 	The commissioners shall consider the criteria in this section, section 144A.073, and 
5.34 	section 256B.437, in approving or rejecting a consolidation proposal. In the event the 
6.1 	commissioners approve the request, the commissioner of human services shall calculate a 
6.2 	property an external fixed costs rate adjustment according to clauses (1) to (3):
6.3 	(1) the closure of beds shall not be eligible for a planned closure rate adjustment 
6.4 	under section 256B.437, subdivision 6;
6.5 	(2) the construction project permitted in this clause shall not be eligible for a 
6.6 	threshold project rate adjustment under section 256B.434, subdivision 4f, or a moratorium 
6.7 	exception adjustment under section 144A.073; and
6.8 	(3) the property payment rate for external fixed costs for a remaining facility or 
6.9 	facilities shall be increased by an amount equal to 65 percent of the projected net cost 
6.10 	savings to the state calculated in paragraph (b), divided by the state's medical assistance 
6.11 	percentage of medical assistance dollars, and then divided by estimated medical assistance 
6.12 	resident days, as determined in paragraph (c), of the remaining nursing facility or facilities 
6.13 	in the request in this paragraph. The rate adjustment is effective on the later of the first 
6.14 	day of the month following completion of the construction upgrades in the consolidation 
6.15 	plan or the first day of the month following the complete closure of a facility designated 
6.16 	for closure in the consolidation plan. If more than one facility is receiving upgrades in 
6.17 	the consolidation plan, each facility's date of construction completion must be evaluated 
6.18 	separately.
6.19 	(b) For purposes of calculating the net cost savings to the state, the commissioner 
6.20 	shall consider clauses (1) to (7):
6.21 	(1) the annual savings from estimated medical assistance payments from the net 
6.22 	number of beds closed taking into consideration only beds that are in active service on the 
6.23 	date of the request and that have been in active service for at least three years;
6.24 	(2) the estimated annual cost of increased case load of individuals receiving services 
6.25 	under the elderly waiver;
6.26 	(3) the estimated annual cost of elderly waiver recipients receiving support under 
6.27 	group residential housing;
6.28 	(4) the estimated annual cost of increased case load of individuals receiving services 
6.29 	under the alternative care program;
6.30 	(5) the annual loss of license surcharge payments on closed beds;
6.31 	(6) the savings from not paying planned closure rate adjustments that the facilities 
6.32 	would otherwise be eligible for under section 256B.437; and
6.33 	(7) the savings from not paying property external fixed costs payment rate 
6.34 	adjustments from submission of renovation costs that would otherwise be eligible as 
6.35 	threshold projects under section 256B.434, subdivision 4f.
7.1 	(c) For purposes of the calculation in paragraph (a), clause (3), the estimated medical 
7.2 	assistance resident days of the remaining facility or facilities shall be computed assuming 
7.3 	95 percent occupancy multiplied by the historical percentage of medical assistance 
7.4 	resident days of the remaining facility or facilities, as reported on the facility's or facilities' 
7.5 	most recent nursing facility statistical and cost report filed before the plan of closure 
7.6 	is submitted, multiplied by 365.
7.7 	(d) For purposes of net cost of savings to the state in paragraph (b), the average 
7.8 	occupancy percentages will be those reported on the facility's or facilities' most recent 
7.9 	nursing facility statistical and cost report filed before the plan of closure is submitted, and 
7.10 	the average payment rates shall be calculated based on the approved payment rates in 
7.11 	effect at the time the consolidation request is submitted.
7.12 	(e) To qualify for the property external fixed costs payment rate adjustment under 
7.13 	this provision subdivision, the closing facilities shall:
7.14 	(1) submit an application for closure according to section 256B.437, subdivision 
7.15 	3; and
7.16 	(2) follow the resident relocation provisions of section 144A.161.
7.17 	(f) The county or counties in which a facility or facilities are closed under this 
7.18 	subdivision shall not be eligible for designation as a hardship area under section 144A.071, 
7.19 	subdivision 3, for five years from the date of the approval of the proposed consolidation. 
7.20 	The applicant shall notify the county of this limitation and the county shall acknowledge 
7.21 	this in a letter of support.

7.22 	EFFECTIVE DATE. This section is effective for rate years beginning on or after 
7.23 	January 1, 2017.

7.24 	Sec. 4. Minnesota Statutes 2014, section 144A.073, subdivision 13, is amended to read:
7.25 		Subd. 13.Moratorium exception funding. In fiscal year 2013, the commissioner 
7.26 	of health may approve moratorium exception projects under this section for which the 
7.27 	full annualized state share of medical assistance costs does not exceed $1,000,000 plus 
7.28 	any carryover of previous appropriations for this purpose.

7.29 	Sec. 5. Minnesota Statutes 2014, section 144A.073, subdivision 14, is amended to read:
7.30 		Subd. 14.Moratorium exception funding. In fiscal year 2015, the commissioner 
7.31 	of health may approve moratorium exception projects under this section for which the 
7.32 	full annualized state share of medical assistance costs does not exceed $1,000,000 plus 
7.33 	any carryover of previous appropriations for this purpose.

8.1 	Sec. 6. Minnesota Statutes 2014, section 144A.073, is amended by adding a 
8.2 	subdivision to read:
8.3 		Subd. 15.Moratorium exception funding. In fiscal year 2017, the commissioner 
8.4 	may approve moratorium exception projects under this section for which the full 
8.5 	annualized state share of medical assistance costs does not exceed $1,000,000 plus any 
8.6 	carryover of previous appropriations for this purpose.

8.7 	Sec. 7. Minnesota Statutes 2014, section 144A.611, subdivision 1, is amended to read:
8.8 		Subdivision 1.Nursing homes and certified boarding care homes. The actual 
8.9 	costs of tuition and textbooks and reasonable expenses for the competency evaluation 
8.10 	or the nursing assistant training program and competency evaluation approved under 
8.11 	section 144A.61, which are paid to nursing assistants or adult training programs pursuant 
8.12 	to subdivision subdivisions 2 and 4, are a reimbursable expense for nursing homes 
8.13 	and certified boarding care homes under the provisions of chapter 256B and the rules 
8.14 	promulgated thereunder section 256B.431, subdivision 36.

8.15 	Sec. 8. Minnesota Statutes 2014, section 144A.611, subdivision 2, is amended to read:
8.16 		Subd. 2.Nursing assistants Reimbursement for training program and 
8.17 	competency evaluation costs. A nursing assistant who has completed an approved 
8.18 	competency evaluation or an approved training program and competency evaluation 
8.19 	shall be reimbursed by the nursing home or certified boarding care home for actual costs 
8.20 	of tuition and textbooks and reasonable expenses for the competency evaluation or the 
8.21 	training program and competency evaluation 90 days after the date of employment, or 
8.22 	upon completion of the approved training program, whichever is later.

8.23 	Sec. 9. Minnesota Statutes 2014, section 144A.611, is amended by adding a 
8.24 	subdivision to read:
8.25 		Subd. 4.Reimbursement for adult basic education components. (a) Nursing 
8.26 	facilities and certified boarding care homes shall provide reimbursement for costs related 
8.27 	to additional adult basic education components of an approved nursing assistant training 
8.28 	program, to:
8.29 	(1) an adult training program that provided an approved nursing assistant training 
8.30 	program to an employee of the nursing facility or boarding care home; or
8.31 	(2) a nursing assistant who is an employee of the nursing facility or boarding care 
8.32 	home and completed an approved nursing assistant training program provided by an 
8.33 	adult training program.
9.1 	(b) For purposes of this subdivision, adult basic education components of a nursing 
9.2 	assistant training program must include the following, if needed: training in mathematics, 
9.3 	vocabulary, literacy skills, workplace skills, resume writing, and job interview skills. 
9.4 	Reimbursement provided under this subdivision shall not exceed 30 percent of the cost of 
9.5 	tuition, textbooks, and competency evaluation.
9.6 	(c) An adult training program is prohibited from billing program students, nursing 
9.7 	facilities, or certified boarding care homes for costs under this subdivision until the 
9.8 	program student has been employed by the nursing facility as a certified nursing assistant 
9.9 	for at least 90 days.

9.10 	EFFECTIVE DATE. This section is effective for costs incurred on or after October 
9.11 	1, 2016.

9.12 	Sec. 10. Minnesota Statutes 2014, section 256B.042, is amended by adding a 
9.13 	subdivision to read:
9.14 		Subd. 1a.Additional notice to applicants. An application for medical assistance 
9.15 	must include a statement, prominently displayed, that if any person on the application 
9.16 	enrolls in medical assistance, the state may claim repayment for the cost of medical care 
9.17 	or premiums paid for care from that person's estate.

9.18 	Sec. 11. Minnesota Statutes 2015 Supplement, section 256B.059, subdivision 5, 
9.19 	is amended to read:
9.20 		Subd. 5.Asset availability. (a) At the time of initial determination of eligibility for 
9.21 	medical assistance benefits following the first continuous period of institutionalization on 
9.22 	or after October 1, 1989, assets considered available to the institutionalized spouse shall 
9.23 	be the total value of all assets in which either spouse has an ownership interest, reduced by 
9.24 	the following amount for the community spouse:
9.25 	(1) prior to July 1, 1994, the greater of:
9.26 	(i) $14,148;
9.27 	(ii) the lesser of the spousal share or $70,740; or
9.28 	(iii) the amount required by court order to be paid to the community spouse;
9.29 	(2) for persons whose date of initial determination of eligibility for medical 
9.30 	assistance following their first continuous period of institutionalization occurs on or after 
9.31 	July 1, 1994, the greater of:
9.32 	(i) $20,000;
9.33 	(ii) the lesser of the spousal share or $70,740; or
9.34 	(iii) the amount required by court order to be paid to the community spouse.
10.1 	The value of assets transferred for the sole benefit of the community spouse under section 
10.2 	256B.0595, subdivision 4, in combination with other assets available to the community 
10.3 	spouse under this section, cannot exceed the limit for the community spouse asset 
10.4 	allowance determined under subdivision 3 or 4. Assets that exceed this allowance shall 
10.5 	be considered available to the institutionalized spouse. If the community spouse asset 
10.6 	allowance has been increased under subdivision 4, then the assets considered available to 
10.7 	the institutionalized spouse under this subdivision shall be further reduced by the value of 
10.8 	additional amounts allowed under subdivision 4.
10.9 	(b) An institutionalized spouse may be found eligible for medical assistance even 
10.10 	though assets in excess of the allowable amount are found to be available under paragraph 
10.11 	(a) if the assets are owned jointly or individually by the community spouse, and the 
10.12 	institutionalized spouse cannot use those assets to pay for the cost of care without the 
10.13 	consent of the community spouse, and if: 
10.14 	(i) the institutionalized spouse assigns to the commissioner the right to support from 
10.15 	the community spouse under section 256B.14, subdivision 3; 
10.16 	(ii) the institutionalized spouse lacks the ability to execute an assignment due to a 
10.17 	physical or mental impairment; or 
10.18 	(iii) the denial of eligibility would cause an imminent threat to the institutionalized 
10.19 	spouse's health and well-being.; or
10.20 	(iv) the assets in excess of the amount under paragraph (a) are assets owned by the 
10.21 	community spouse, and the denial of eligibility would cause an undue hardship to the 
10.22 	family due to the loss of retirement funds for the community spouse or funds protected for 
10.23 	the postsecondary education of a child under age 25. For purposes of this clause, only 
10.24 	retirement assets held by the community spouse in a tax-deferred retirement account, 
10.25 	including a defined benefit plan, defined contribution plan, an employer-sponsored 
10.26 	individual retirement arrangement, or individually purchased individual retirement 
10.27 	arrangement are protected, and are only protected until the community spouse is eligible to 
10.28 	withdraw retirement funds from any or all accounts without penalty. For purposes of this 
10.29 	clause, only funds in a plan designated under section 529 of the Internal Revenue Code 
10.30 	on behalf of a child of either or both spouses who is under the age of 25 are protected. 
10.31 	There shall not be an assignment of spousal support to the commissioner or a cause of 
10.32 	action against the individual's spouse under section 256B.14, subdivision 3, for the funds 
10.33 	in the protected retirement and college savings accounts.
10.34 	(c) After the month in which the institutionalized spouse is determined eligible for 
10.35 	medical assistance, during the continuous period of institutionalization, no assets of the 
11.1 	community spouse are considered available to the institutionalized spouse, unless the 
11.2 	institutionalized spouse has been found eligible under paragraph (b).
11.3 	(d) Assets determined to be available to the institutionalized spouse under this 
11.4 	section must be used for the health care or personal needs of the institutionalized spouse.
11.5 	(e) For purposes of this section, assets do not include assets excluded under the 
11.6 	Supplemental Security Income program.

11.7 	EFFECTIVE DATE. This section is effective June 1, 2016.

11.8 	Sec. 12. Minnesota Statutes 2014, section 256B.15, subdivision 1a, is amended to read:
11.9 		Subd. 1a.Estates subject to claims. (a) If a person receives any medical assistance 
11.10 	hereunder, on the person's death, if single, or on the death of the survivor of a married 
11.11 	couple, either or both of whom received medical assistance, or as otherwise provided 
11.12 	for in this section, the total amount paid for medical assistance rendered for the person 
11.13 	and spouse shall be filed as a claim against the estate of the person or the estate of the 
11.14 	surviving spouse in the court having jurisdiction to probate the estate or to issue a decree 
11.15 	of descent according to sections 525.31 to 525.313.
11.16 	(b) For the purposes of this section, the person's estate must consist of:
11.17 	(1) the person's probate estate;
11.18 	(2) all of the person's interests or proceeds of those interests in real property the 
11.19 	person owned as a life tenant or as a joint tenant with a right of survivorship at the time of 
11.20 	the person's death;
11.21 	(3) all of the person's interests or proceeds of those interests in securities the person 
11.22 	owned in beneficiary form as provided under sections 524.6-301 to 524.6-311 at the time 
11.23 	of the person's death, to the extent the interests or proceeds of those interests become part 
11.24 	of the probate estate under section 524.6-307;
11.25 	(4) all of the person's interests in joint accounts, multiple-party accounts, and 
11.26 	pay-on-death accounts, brokerage accounts, investment accounts, or the proceeds of 
11.27 	those accounts, as provided under sections 524.6-201 to 524.6-214 at the time of the 
11.28 	person's death to the extent the interests become part of the probate estate under section 
11.29 	524.6-207; and
11.30 	(5) assets conveyed to a survivor, heir, or assign of the person through survivorship, 
11.31 	living trust, or other arrangements.
11.32 	(c) For the purpose of this section and recovery in a surviving spouse's estate for 
11.33 	medical assistance paid for a predeceased spouse, the estate must consist of all of the legal 
11.34 	title and interests the deceased individual's predeceased spouse had in jointly owned or 
11.35 	marital property at the time of the spouse's death, as defined in subdivision 2b, and the 
12.1 	proceeds of those interests, that passed to the deceased individual or another individual, a 
12.2 	survivor, an heir, or an assign of the predeceased spouse through a joint tenancy, tenancy 
12.3 	in common, survivorship, life estate, living trust, or other arrangement. A deceased 
12.4 	recipient who, at death, owned the property jointly with the surviving spouse shall have 
12.5 	an interest in the entire property.
12.6 	(d) For the purpose of recovery in a single person's estate or the estate of a survivor 
12.7 	of a married couple, "other arrangement" includes any other means by which title to all or 
12.8 	any part of the jointly owned or marital property or interest passed from the predeceased 
12.9 	spouse to another including, but not limited to, transfers between spouses which are 
12.10 	permitted, prohibited, or penalized for purposes of medical assistance.
12.11 	(e) A claim shall be filed if medical assistance was rendered for either or both 
12.12 	persons under one of the following circumstances:
12.13 	(1) the person was over 55 years of age, and received services under this chapter 
12.14 	prior to January 1, 2014;
12.15 	(2) the person resided in a medical institution for six months or longer, received 
12.16 	services under this chapter, and, at the time of institutionalization or application for 
12.17 	medical assistance, whichever is later, the person could not have reasonably been expected 
12.18 	to be discharged and returned home, as certified in writing by the person's treating 
12.19 	physician. For purposes of this section only, a "medical institution" means a skilled 
12.20 	nursing facility, intermediate care facility, intermediate care facility for persons with 
12.21 	developmental disabilities, nursing facility, or inpatient hospital; or
12.22 	(3) the person received general assistance medical care services under chapter 
12.23 	256D.; or
12.24 	(4) the person was 55 years of age or older and received medical assistance 
12.25 	services on or after January 1, 2014, that consisted of nursing facility services, home and 
12.26 	community-based services, or related hospital and prescription drug benefits.
12.27 	(f) The claim shall be considered an expense of the last illness of the decedent for 
12.28 	the purpose of section 524.3-805. Notwithstanding any law or rule to the contrary, a 
12.29 	state or county agency with a claim under this section must be a creditor under section 
12.30 	524.6-307. Any statute of limitations that purports to limit any county agency or the state 
12.31 	agency, or both, to recover for medical assistance granted hereunder shall not apply to any 
12.32 	claim made hereunder for reimbursement for any medical assistance granted hereunder. 
12.33 	Notice of the claim shall be given to all heirs and devisees of the decedent, and to other 
12.34 	persons with an ownership interest in the real property owned by the decedent at the time 
12.35 	of the decedent's death, whose identity can be ascertained with reasonable diligence. The 
12.36 	notice must include procedures and instructions for making an application for a hardship 
13.1 	waiver under subdivision 5; time frames for submitting an application and determination; 
13.2 	and information regarding appeal rights and procedures. Counties are entitled to one-half 
13.3 	of the nonfederal share of medical assistance collections from estates that are directly 
13.4 	attributable to county effort. Counties are entitled to ten percent of the collections for 
13.5 	alternative care directly attributable to county effort.

13.6 	EFFECTIVE DATE. This section is effective upon federal approval and applies 
13.7 	retroactively to services rendered on or after January 1, 2014.

13.8 	Sec. 13. Minnesota Statutes 2014, section 256B.15, is amended by adding a 
13.9 	subdivision to read:
13.10 		Subd. 1l.Amending notices or liens arising out of notice. (a) State agencies must 
13.11 	amend notices of potential claims and liens arising from the notices, if the notice was filed 
13.12 	after January 1, 2014, for medical assistance services rendered on or after January 1, 2014, 
13.13 	to a recipient who at the time services were rendered was 55 years of age or older and who 
13.14 	was not institutionalized as described in subdivision 1a, paragraph (e).
13.15 	(b) The notices identified in paragraph (a) must be amended by removing the 
13.16 	amount of medical assistance rendered that did not consist of nursing facility services, 
13.17 	home and community-based services, as defined in subdivision 1a and related hospital 
13.18 	and prescription drug services.

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

13.20 	Sec. 14. Minnesota Statutes 2014, section 256B.15, subdivision 2, is amended to read:
13.21 		Subd. 2.Limitations on claims. (a) For services rendered prior to January 1, 2014, 
13.22 	the claim shall include only the total amount of medical assistance rendered after age 55 or 
13.23 	during a period of institutionalization described in subdivision 1a, paragraph (e), and the 
13.24 	total amount of general assistance medical care rendered, and shall not include interest. 
13.25 	(b) For services rendered on or after January 1, 2014, the claim shall include only:
13.26 	(1) the amount of medical assistance rendered to recipients 55 years of age or older 
13.27 	and that consisted of nursing facility services, home and community-based services, and 
13.28 	related hospital and prescription drug services; and
13.29 	(2) the total amount of medical assistance rendered during a period of 
13.30 	institutionalization described in subdivision 1a, paragraph (e).
13.31 	The claim shall not include interest. For the purposes of this section, "home and 
13.32 	community-based services" has the same meaning it has when used in United States Code, 
13.33 	title 42, section 1396p, subsection (b), paragraph (1), subparagraph (B), clause (i).
14.1 	(c) Claims that have been allowed but not paid shall bear interest according to 
14.2 	section 524.3-806, paragraph (d). A claim against the estate of a surviving spouse who did 
14.3 	not receive medical assistance, for medical assistance rendered for the predeceased spouse, 
14.4 	shall be payable from the full value of all of the predeceased spouse's assets and interests 
14.5 	which are part of the surviving spouse's estate under subdivisions 1a and 2b. Recovery of 
14.6 	medical assistance expenses in the nonrecipient surviving spouse's estate is limited to the 
14.7 	value of the assets of the estate that were marital property or jointly owned property at any 
14.8 	time during the marriage. The claim is not payable from the value of assets or proceeds of 
14.9 	assets in the estate attributable to a predeceased spouse whom the individual married after 
14.10 	the death of the predeceased recipient spouse for whom the claim is filed or from assets 
14.11 	and the proceeds of assets in the estate which the nonrecipient decedent spouse acquired 
14.12 	with assets which were not marital property or jointly owned property after the death of 
14.13 	the predeceased recipient spouse. Claims for alternative care shall be net of all premiums 
14.14 	paid under section 256B.0913, subdivision 12, on or after July 1, 2003, and shall be 
14.15 	limited to services provided on or after July 1, 2003. Claims against marital property shall 
14.16 	be limited to claims against recipients who died on or after July 1, 2009.

14.17 	EFFECTIVE DATE. This section is effective upon federal approval and applies to 
14.18 	services rendered on or after January 1, 2014.

14.19 	Sec. 15. Minnesota Statutes 2015 Supplement, section 256B.431, subdivision 36, 
14.20 	is amended to read:
14.21 		Subd. 36.Employee scholarship costs and training in English as a second 
14.22 	language. (a) For the period between July 1, 2001, and June 30, 2003, the commissioner 
14.23 	shall provide to each nursing facility reimbursed under this section, section 256B.434, 
14.24 	or any other section, a scholarship per diem of 25 cents to the total operating payment 
14.25 	rate. For the 27-month period beginning October 1, 2015, through December 31, 2017, 
14.26 	the commissioner shall allow a scholarship per diem of up to 25 cents for each nursing 
14.27 	facility with no scholarship per diem that is requesting a scholarship per diem to be added 
14.28 	to the external fixed payment rate to be used:
14.29 	(1) for employee scholarships that satisfy the following requirements:
14.30 	(i) scholarships are available to all employees who work an average of at least 
14.31 	ten hours per week at the facility except the administrator, and to reimburse student 
14.32 	loan expenses for newly hired and recently graduated registered nurses and licensed 
14.33 	practical nurses, and training expenses for nursing assistants as definedspecified in section 
14.34 	144A.611, subdivision subdivisions 2 and 4, who are newly hired and have graduated 
14.35 	within the last 12 months; and
15.1 	(ii) the course of study is expected to lead to career advancement with the facility or 
15.2 	in long-term care, including medical care interpreter services and social work; and
15.3 	(2) to provide job-related training in English as a second language.
15.4 	(b) All facilities may annually request a rate adjustment under this subdivision by 
15.5 	submitting information to the commissioner on a schedule and in a form supplied by the 
15.6 	commissioner. The commissioner shall allow a scholarship payment rate equal to the 
15.7 	reported and allowable costs divided by resident days.
15.8 	(c) In calculating the per diem under paragraph (b), the commissioner shall allow 
15.9 	costs related to tuition, direct educational expenses, and reasonable costs as defined by the 
15.10 	commissioner for child care costs and transportation expenses related to direct educational 
15.11 	expenses.
15.12 	(d) The rate increase under this subdivision is an optional rate add-on that the facility 
15.13 	must request from the commissioner in a manner prescribed by the commissioner. The 
15.14 	rate increase must be used for scholarships as specified in this subdivision.
15.15 	(e) For instances in which a rate adjustment will be 15 cents or greater, nursing 
15.16 	facilities that close beds during a rate year may request to have their scholarship 
15.17 	adjustment under paragraph (b) recalculated by the commissioner for the remainder of the 
15.18 	rate year to reflect the reduction in resident days compared to the cost report year.

15.19 	Sec. 16. Minnesota Statutes 2015 Supplement, section 256B.441, subdivision 13, 
15.20 	is amended to read:
15.21 		Subd. 13.External fixed costs. "External fixed costs" means costs related to the 
15.22 	nursing home surcharge under section 256.9657, subdivision 1; licensure fees under 
15.23 	section 144.122; family advisory council fee under section 144A.33; scholarships under 
15.24 	section 256B.431, subdivision 36; planned closure rate adjustments under section 
15.25 	256B.437; consolidation rate adjustments under section 144A.071, subdivisions 4c, 
15.26 	paragraph (a), clauses (5) and (6), and 4d; single bed room incentives under section 
15.27 	256B.431, subdivision 42; property taxes, assessments, and payments in lieu of taxes; 
15.28 	employer health insurance costs; quality improvement incentive payment rate adjustments 
15.29 	under subdivision 46c; performance-based incentive payments under subdivision 46d; 
15.30 	special dietary needs under subdivision 51b; and PERA.

15.31 	Sec. 17. Minnesota Statutes 2015 Supplement, section 256B.441, subdivision 53, 
15.32 	is amended to read:
15.33 		Subd. 53.Calculation of payment rate for external fixed costs. The commissioner 
15.34 	shall calculate a payment rate for external fixed costs.
16.1 	(a) For a facility licensed as a nursing home, the portion related to section 256.9657 
16.2 	shall be equal to $8.86. For a facility licensed as both a nursing home and a boarding care 
16.3 	home, the portion related to section 256.9657 shall be equal to $8.86 multiplied by the 
16.4 	result of its number of nursing home beds divided by its total number of licensed beds.
16.5 	(b) The portion related to the licensure fee under section 144.122, paragraph (d), 
16.6 	shall be the amount of the fee divided by actual resident days.
16.7 	(c) The portion related to development and education of resident and family advisory 
16.8 	councils under section 144A.33 shall be $5 divided by 365.
16.9 	(d) The portion related to scholarships shall be determined under section 256B.431, 
16.10 	subdivision 36.
16.11 	(e) The portion related to planned closure rate adjustments shall be as determined 
16.12 	under section 256B.437, subdivision 6, and Minnesota Statutes 2010, section 256B.436.
16.13 	(f) The portion related to consolidation rate adjustments shall be as determined under 
16.14 	section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d.
16.15 	(f) (g) The single bed room incentives shall be as determined under section 
16.16 	256B.431, subdivision 42.
16.17 	(g) (h) The portions related to real estate taxes, special assessments, and payments 
16.18 	made in lieu of real estate taxes directly identified or allocated to the nursing facility shall 
16.19 	be the actual amounts divided by actual resident days.
16.20 	(h) (i) The portion related to employer health insurance costs shall be the allowable 
16.21 	costs divided by resident days.
16.22 	(i) (j) The portion related to the Public Employees Retirement Association shall 
16.23 	be actual costs divided by resident days.
16.24 	(j) (k) The portion related to quality improvement incentive payment rate 
16.25 	adjustments shall be as determined under subdivision 46c.
16.26 	(k) (l) The portion related to performance-based incentive payments shall be as 
16.27 	determined under subdivision 46d.
16.28 	(l) (m) The portion related to special dietary needs shall be the per diem amount 
16.29 	determined under subdivision 51b.
16.30 	(m) (n) The payment rate for external fixed costs shall be the sum of the amounts in 
16.31 	paragraphs (a) to (l) (m).

16.32 	Sec. 18. Minnesota Statutes 2015 Supplement, section 256B.441, subdivision 66, 
16.33 	is amended to read:
16.34 		Subd. 66.Nursing facilities in border cities. (a) Rate increases under this section 
16.35 	for a facility located in Breckenridge are effective for the rate year beginning January 1, 
17.1 	2016, and annually thereafter,. Rate increases under this section for a facility located in 
17.2 	Moorhead are effective for the rate year beginning January 1, 2020, and annually thereafter.
17.3 	(b) Operating payment rates of a nonprofit nursing facility that exists on January 
17.4 	1, 2015, is located anywhere within the boundaries of the city cities of Breckenridge or 
17.5 	Moorhead, and is reimbursed under this section, section 256B.431, or section 256B.434, 
17.6 	shall be adjusted to be equal to the median RUG's rates, including comparable rate 
17.7 	components as determined by the commissioner, for the equivalent RUG's weight of the 
17.8 	nonprofit nursing facility or facilities located in an adjacent city in another state and in 
17.9 	cities contiguous to the adjacent city. The commissioner must make the comparison 
17.10 	required under this subdivision on October 1 of each year. The adjustment under this 
17.11 	subdivision applies to the rates effective on the following January 1.
17.12 	(c) The Minnesota facility's operating payment rate with a weight of 1.0 shall be 
17.13 	computed by dividing the adjacent city's nursing facilities median operating payment rate 
17.14 	with a weight of 1.02 by 1.02. If the adjustments under this subdivision result in a rate that 
17.15 	exceeds the limits in subdivisions 50 and 51 in a given rate year, the facility's rate shall 
17.16 	not be subject to those limits for that rate year. If a facility's rate is increased under this 
17.17 	subdivision, the facility is not subject to the total care-related limit in subdivision 50 and is 
17.18 	not limited to the other operating price established in subdivision 51. This subdivision 
17.19 	shall apply only if it results in a higher operating payment rate than would otherwise be 
17.20 	determined under this section, section 256B.431, or section 256B.434.

17.21 	Sec. 19. EMPLOYMENT SERVICES PILOT PROJECT; DAKOTA COUNTY.
 17.22 	(a) Within available appropriations, the commissioner of human services shall 
17.23 	request, by October 1, 2016, necessary federal authority from the Centers for Medicare 
17.24 	and Medicaid Services to implement a community-based employment services pilot 
17.25 	project in Dakota County. The pilot project must be available to people who are receiving 
17.26 	services through home and community-based waivers authorized under Minnesota 
17.27 	Statutes, sections 256B.092 and 256B.49, using a rate methodology consistent with the 
17.28 	principles under Minnesota Statutes, section 256B.4914.
17.29 	(b) Dakota County shall be:
17.30 	(1) responsible for any portion of the state match of waiver expenses above the 
17.31 	established disability waiver rates under Minnesota Statutes, section 256B.4914; and 
17.32 	(2) allocated resources for supportive employment services incurred by the use of 
17.33 	employment exploration services, employment development services, and employment 
17.34 	support services in Dakota County for Dakota County residents.
18.1 	(c) The pilot project must provide the following employment services to people 
18.2 	receiving services through the home and community-based services waivers authorized 
18.3 	under Minnesota Statutes, sections 256B.092 and 256B.49:
18.4 	(1) "employment exploration services" defined as community-based orientation 
18.5 	services that introduce a person to competitive employment opportunities in their 
18.6 	community through individualized educational activities, learning opportunities, work 
18.7 	experiences, and support services that result in the person making an informed decision 
18.8 	about working in competitively paying jobs in community businesses;
18.9 	(2) "employment development services" defined as individualized services that 
18.10 	actively support a person to achieve paid employment in his or her community by assisting 
18.11 	the person with finding paid employment, becoming self-employed, or establishing 
18.12 	microenterprise businesses in the community; and 
18.13 	(3) "employment support services" defined as individualized services and supports 
18.14 	that assist people with maintaining competitive, integrated employment by providing a 
18.15 	broad range of training, coaching, and support strategies that not only assist individuals 
18.16 	and workgroups employed in paid job positions, but also support people working in 
18.17 	self-employment opportunities and microenterprise businesses with all aspects of effective 
18.18 	business operations. Employment support services must be provided in integrated 
18.19 	community settings.
18.20 	(d) The commissioner of human services shall consult with Dakota County on 
18.21 	this pilot project and report the results of the project to the chairs and ranking minority 
18.22 	members of the legislative committees with jurisdiction over human services policy and 
18.23 	finance by January 15, 2019.

18.24 	EFFECTIVE DATE. This section is effective July 1, 2016, or upon federal 
18.25 	approval, whichever is later, and expires on January 15, 2019. The commissioner of 
18.26 	human services shall notify the revisor of statutes when federal approval is obtained.

18.27 	Sec. 20. REVISOR'S INSTRUCTION.
 18.28 	The revisor of statutes, in consultation with the Department of Human Services, 
18.29 	shall change the cross-references in Minnesota Rules, chapters 2960, 9503, and 9525, 
18.30 	resulting from the repealer adopted in rules found at 40 State Register 179. The revisor 
18.31 	may make technical and other necessary changes to sentence structure to preserve the 
18.32 	meaning of the text.

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

19.1 	ARTICLE 2
19.2 	HEALTH CARE

19.3 	Section 1. [256B.0562] IMPROVED OVERSIGHT OF MNSURE ELIGIBILITY 
19.4 	DETERMINATIONS.
19.5 		Subdivision 1.Implementation of OLA findings. (a) The commissioner shall 
19.6 	ensure that medical assistance and MinnesotaCare eligibility determinations through the 
19.7 	MNsure information technology system and through agency eligibility determination 
19.8 	systems fully implement the recommendations made by the Office of the Legislative 
19.9 	Auditor (OLA) in Report 14-22 -- Oversight of MNsure Eligibility Determinations 
19.10 	for Public Health Care Programs and Report 16-02 Oversight of MNsure Eligibility 
19.11 	Determinations for Public Health Care Programs -- Internal Controls and Compliance Audit.
19.12 	(b) The commissioner may contract with a vendor to provide technical assistance to 
19.13 	the commissioner in fully implementing the OLA report findings.
19.14 	(c) The commissioner shall coordinate implementation of this section with the 
19.15 	periodic data matching required under section 256B.0561.
19.16 	(d) The commissioner shall implement this section using existing resources.
19.17 		Subd. 2.Duties of the commissioner. (a) In fully implementing the OLA report 
19.18 	recommendations, the commissioner shall:
19.19 	(1) adequately verify that persons enrolled in public health care programs through 
19.20 	MNsure are eligible for those programs;
19.21 	(2) provide adequate controls to ensure the accurate and complete transfer of 
19.22 	recipient data from MNsure to the Department of Human Services' medical payment 
19.23 	system, and to detect whether Office of MN.IT Services staff inappropriately access 
19.24 	recipients' personal information;
19.25 	(3) provide county human service eligibility workers with sufficient training on 
19.26 	MNsure;
19.27 	(4) reverify that medical assistance and MinnesotaCare enrollees who enroll through 
19.28 	MNsure remain eligible for the program within the required time frames established 
19.29 	in federal and state laws;
19.30 	(5) establish an effective process to resolve discrepancies with Social Security 
19.31 	numbers, citizenship or immigration status, or household income that MNsure identifies 
19.32 	as needing further verification;
19.33 	(6) eliminate payment of medical assistance and MinnesotaCare benefits for 
19.34 	recipients whose income exceeds federal and state program limits;
19.35 	(7) verify household size and member relationships when determining eligibility;
20.1 	(8) ensure that applicants and recipients are enrolled in the correct public health 
20.2 	care program;
20.3 	(9) eliminate payment of benefits for MinnesotaCare recipients who are also 
20.4 	enrolled in Medicare;
20.5 	(10) verify that newborns turning age one remain eligible for medical assistance;
20.6 	(11) correct MinnesotaCare billing errors, ensure that enrollees pay their premiums, 
20.7 	and terminate coverage for failure to pay premiums; and
20.8 	(12) take all other steps necessary to fully implement the recommendations.
20.9 	(b) The commissioner shall implement the OLA recommendations retroactively for 
20.10 	medical assistance and MinnesotaCare applications and renewals submitted on or after 
20.11 	January 1, 2016. The commissioner shall present quarterly reports to the OLA and the 
20.12 	chairs and ranking minority members of the legislative committees with jurisdiction 
20.13 	over health and human services policy and finance, beginning October 1, 2016, and 
20.14 	each quarter thereafter. The quarterly report submitted October 1, 2016, must include a 
20.15 	timetable for fully implementing the OLA recommendations. Each quarterly report must 
20.16 	include information on:
20.17 	(1) progress in implementing the OLA recommendations;
20.18 	(2) the number of medical assistance and MinnesotaCare applicants and enrollees 
20.19 	whose eligibility status was affected by implementation of the OLA recommendations, 
20.20 	reported quarterly, beginning with the January 1, 2016 through March 31, 2016 calendar 
20.21 	quarter; and
20.22 	(3) savings to the state from implementing the OLA recommendations.
20.23 		Subd. 3.Office of Legislative Auditor. The legislative auditor shall review each 
20.24 	quarterly report submitted by the commissioner of human services under subdivision 2 
20.25 	for accuracy and shall review compliance by the Department of Human Services with the 
20.26 	OLA report recommendations.  The legislative auditor shall notify the chairs and ranking 
20.27 	minority members of the legislative committees with jurisdiction over health and human 
20.28 	services policy and finance on whether or not these requirements are met.
20.29 		Subd. 4.Special revenue account; use of savings. (a) A medical assistance audit 
20.30 	special revenue account is established in the general fund. The commissioner shall deposit 
20.31 	into this account all savings achieved from implementing this section retroactively to 
20.32 	applications and renewals submitted on or after January 1, 2016, and all savings achieved 
20.33 	from implementation of periodic data matching under section 256B.0561 that are above 
20.34 	the forecasted savings for that initiative.
20.35 	(b) Once the medical assistance audit special revenue account fund balance has 
20.36 	reached a sufficient level, the commissioner shall provide a onetime, five percent increase 
21.1 	in medical assistance payment rates for intermediate care facilities for persons with 
21.2 	developmental disabilities and the long-term care and community-based providers listed 
21.3 	in Laws 2014, chapter 312, article 27, section 75, paragraph (b). The increase shall be 
21.4 	limited to a 12-month period.
21.5 	(c) Any further expenditures from the medical assistance audit special revenue 
21.6 	account are subject to legislative authorization.

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

21.8 	Sec. 2. Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 17a, 
21.9 	is amended to read:
21.10 		Subd. 17a.Payment for ambulance services. (a) Medical assistance covers 
21.11 	ambulance services. Providers shall bill ambulance services according to Medicare 
21.12 	criteria. Nonemergency ambulance services shall not be paid as emergencies. Effective 
21.13 	for services rendered on or after July 1, 2001, medical assistance payments for ambulance 
21.14 	services shall be paid at the Medicare reimbursement rate or at the medical assistance 
21.15 	payment rate in effect on July 1, 2000, whichever is greater.
21.16 	(b) Effective for services provided on or after July 1, 2016, medical assistance 
21.17 	payment rates for ambulance services identified in this paragraph are increased by five 
21.18 	percent. Capitation payments made to managed care plans and county-based purchasing 
21.19 	plans for ambulance services provided on or after January 1, 2017, shall be adjusted to 
21.20 	reflect this rate increase. The increased rate described in this paragraph applies to:
21.21 	(1) an ambulance service provider whose base of operations, as defined in section 
21.22 	144E.10, is located outside the metropolitan counties listed in section 473.121, subdivision 
21.23 	4, and outside the cities of Duluth, Mankato, Moorhead, St. Cloud, and Rochester; or
21.24 	(2) an ambulance service provider whose base of operations, as defined in section 
21.25 	144E.10, is located within a municipality with a population of less than 1,000.

21.26 	Sec. 3. Minnesota Statutes 2014, section 256B.0625, is amended by adding a 
21.27 	subdivision to read:
21.28 		Subd. 60a.Community emergency medical technician services. (a) Medical 
21.29 	assistance covers services provided by a community emergency medical technician 
21.30 	(CEMT) who is certified under section 144E.275, subdivision 7, when the services are 
21.31 	provided in accordance with this subdivision.
21.32 	(b) A CEMT may provide a posthospital discharge visit when ordered by a treating 
21.33 	physician. The posthospital discharge visit includes:
21.34 	(1) verbal or visual reminders of discharge orders;
22.1 	(2) recording and reporting of vital signs to the patient's primary care provider;
22.2 	(3) medication access confirmation;
22.3 	(4) food access confirmation; and
22.4 	(5) identification of home hazards.
22.5 	(c) Individuals who have repeat ambulance calls due to falls, have been discharged 
22.6 	from a nursing home, or have been identified by their primary care provider as at risk 
22.7 	for nursing home placement may receive a safety evaluation visit from a CEMT when 
22.8 	ordered by a primary care provider in accordance with the individual's care plan. A safety 
22.9 	evaluation visit includes:
22.10 	(1) medication access confirmation;
22.11 	(2) food access confirmation; and
22.12 	(3) identification of home hazards.
22.13 	(d) A CEMT shall be paid at $9.75 per 15-minute increment. A safety evaluation visit 
22.14 	may not be billed for the same day as a posthospital discharge visit for the same recipient.

22.15 	EFFECTIVE DATE. This section is effective January 1, 2017, or upon federal 
22.16 	approval, whichever is later.

22.17 	Sec. 4. Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 64, 
22.18 	is amended to read:
22.19 		Subd. 64.Investigational drugs, biological products, and devices. Medical 
22.20 	assistance and the early periodic screening, diagnosis, and treatment (EPSDT) program do 
22.21 	not cover costs incidental to, associated with, or resulting from the use of investigational 
22.22 	drugs, biological products, or devices as defined in section 151.375, except that stiripentol 
22.23 	may be covered by the EPSDT program for eligible enrollees with a documented diagnosis 
22.24 	of Dravet syndrome, for whom all other available covered prescription medications for 
22.25 	Dravet syndrome have been exhausted. Stiripentol may only be covered if the treating 
22.26 	physician has received an individual patient investigational new drug (IND) for treatment 
22.27 	use from the United States Food and Drug Administration.

22.28 	Sec. 5. Minnesota Statutes 2014, section 256B.0644, is amended to read:
22.29 	256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE 
22.30 	PROGRAMS.
22.31 	(a) A vendor of medical care, as defined in section 256B.02, subdivision 7, and a 
22.32 	health maintenance organization, as defined in chapter 62D, must participate as a provider 
22.33 	or contractor in the medical assistance program and MinnesotaCare as a condition of 
23.1 	participating as a provider in health insurance plans and programs or contractor for state 
23.2 	employees established under section 43A.18, the public employees insurance program 
23.3 	under section 43A.316, for health insurance plans offered to local statutory or home 
23.4 	rule charter city, county, and school district employees, the workers' compensation 
23.5 	system under section 176.135, and insurance plans provided through the Minnesota 
23.6 	Comprehensive Health Association under sections 62E.01 to 62E.19. The limitations 
23.7 	on insurance plans offered to local government employees shall not be applicable in 
23.8 	geographic areas where provider participation is limited by managed care contracts 
23.9 	with the Department of Human Services. This section does not apply to dental service 
23.10 	providers providing dental services outside the seven-county metropolitan area.
23.11 	(b) For providers other than health maintenance organizations, participation in the 
23.12 	medical assistance program means that:
23.13 	(1) the provider accepts new medical assistance and MinnesotaCare patients;
23.14 	(2) for providers other than dental service providers, at least 20 percent of the 
23.15 	provider's patients are covered by medical assistance and MinnesotaCare as their primary 
23.16 	source of coverage; or
23.17 	(3) for dental service providers providing dental services in the seven-county 
23.18 	metropolitan area, at least ten percent of the provider's patients are covered by medical 
23.19 	assistance and MinnesotaCare as their primary source of coverage, or the provider accepts 
23.20 	new medical assistance and MinnesotaCare patients who are children with special health 
23.21 	care needs. For purposes of this section, "children with special health care needs" means 
23.22 	children up to age 18 who: (i) require health and related services beyond that required 
23.23 	by children generally; and (ii) have or are at risk for a chronic physical, developmental, 
23.24 	behavioral, or emotional condition, including: bleeding and coagulation disorders; 
23.25 	immunodeficiency disorders; cancer; endocrinopathy; developmental disabilities; 
23.26 	epilepsy, cerebral palsy, and other neurological diseases; visual impairment or deafness; 
23.27 	Down syndrome and other genetic disorders; autism; fetal alcohol syndrome; and other 
23.28 	conditions designated by the commissioner after consultation with representatives of 
23.29 	pediatric dental providers and consumers.
23.30 	(c) Patients seen on a volunteer basis by the provider at a location other than 
23.31 	the provider's usual place of practice may be considered in meeting the participation 
23.32 	requirement in this section. The commissioner shall establish participation requirements 
23.33 	for health maintenance organizations. The commissioner shall provide lists of participating 
23.34 	medical assistance providers on a quarterly basis to the commissioner of management and 
23.35 	budget, the commissioner of labor and industry, and the commissioner of commerce. Each 
23.36 	of the commissioners shall develop and implement procedures to exclude as participating 
24.1 	providers in the program or programs under their jurisdiction those providers who do 
24.2 	not participate in the medical assistance program. The commissioner of management 
24.3 	and budget shall implement this section through contracts with participating health and 
24.4 	dental carriers.
24.5 	(d) A volunteer dentist who has signed a volunteer agreement under section 
24.6 	256B.0625, subdivision 9a, shall not be considered to be participating in medical 
24.7 	assistance or MinnesotaCare for the purpose of this section.

24.8 	Sec. 6. Minnesota Statutes 2015 Supplement, section 256B.76, subdivision 2, is 
24.9 	amended to read:
24.10 		Subd. 2.Dental reimbursement.  (a) Effective for services rendered on or after 
24.11 	October 1, 1992, the commissioner shall make payments for dental services as follows:
24.12 	(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25 
24.13 	percent above the rate in effect on June 30, 1992; and
24.14 	(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th 
24.15 	percentile of 1989, less the percent in aggregate necessary to equal the above increases.
24.16 	(b) Beginning October 1, 1999, the payment for tooth sealants and fluoride treatments 
24.17 	shall be the lower of (1) submitted charge, or (2) 80 percent of median 1997 charges.
24.18 	(c) Effective for services rendered on or after January 1, 2000, payment rates for 
24.19 	dental services shall be increased by three percent over the rates in effect on December 
24.20 	31, 1999.
24.21 	(d) Effective for services provided on or after January 1, 2002, payment for 
24.22 	diagnostic examinations and dental x-rays provided to children under age 21 shall be the 
24.23 	lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.
24.24 	(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1, 
24.25 	2000, for managed care.
24.26 	(f) Effective for dental services rendered on or after October 1, 2010, by a 
24.27 	state-operated dental clinic, payment shall be paid on a reasonable cost basis that is based 
24.28 	on the Medicare principles of reimbursement. This payment shall be effective for services 
24.29 	rendered on or after January 1, 2011, to recipients enrolled in managed care plans or 
24.30 	county-based purchasing plans.
24.31 	(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics 
24.32 	in paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal 
24.33 	year, a supplemental state payment equal to the difference between the total payments 
24.34 	in paragraph (f) and $1,850,000 shall be paid from the general fund to state-operated 
24.35 	services for the operation of the dental clinics.
25.1 	(h) If the cost-based payment system for state-operated dental clinics described in 
25.2 	paragraph (f) does not receive federal approval, then state-operated dental clinics shall be 
25.3 	designated as critical access dental providers under subdivision 4, paragraph (b), and shall 
25.4 	receive the critical access dental reimbursement rate as described under subdivision 4, 
25.5 	paragraph (a).
25.6 	(i) Effective for services rendered on or after September 1, 2011, through June 30, 
25.7 	2013, payment rates for dental services shall be reduced by three percent. This reduction 
25.8 	does not apply to state-operated dental clinics in paragraph (f).
25.9 	(j) Effective for services rendered on or after January 1, 2014, payment rates for 
25.10 	dental services shall be increased by five percent from the rates in effect on December 
25.11 	31, 2013. This increase does not apply to state-operated dental clinics in paragraph (f), 
25.12 	federally qualified health centers, rural health centers, and Indian health services. Effective 
25.13 	January 1, 2014, payments made to managed care plans and county-based purchasing 
25.14 	plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment increase 
25.15 	described in this paragraph.
25.16 	(k) Effective for services rendered on or after July 1, 2015, through December 
25.17 	31, 2016, the commissioner shall increase payment rates for services furnished by 
25.18 	dental providers located outside of the seven-county metropolitan area by the maximum 
25.19 	percentage possible above the rates in effect on June 30, 2015, while remaining within 
25.20 	the limits of funding appropriated for this purpose. This increase does not apply to 
25.21 	state-operated dental clinics in paragraph (f), federally qualified health centers, rural health 
25.22 	centers, and Indian health services. Effective January 1, 2016, through December 31, 
25.23 	2016, payments to managed care plans and county-based purchasing plans under sections 
25.24 	256B.69 and 256B.692 shall reflect the payment increase described in this paragraph. The 
25.25 	commissioner shall require managed care and county-based purchasing plans to pass on 
25.26 	the full amount of the increase, in the form of higher payment rates to dental providers 
25.27 	located outside of the seven-county metropolitan area.
25.28 	(l) Effective for services provided on or after January 1, 2017, the commissioner 
25.29 	shall increase payment rates by 9.65 percent above the rates in effect on June 30, 2015, 
25.30 	for dental services provided outside of the seven-county metropolitan area. This increase 
25.31 	does not apply to state-operated dental clinics in paragraph (f), federally qualified health 
25.32 	centers, rural health centers, or Indian health services. Effective January 1, 2017, 
25.33 	payments to managed care plans and county-based purchasing plans under sections 
25.34 	256B.69 and 256B.692 shall reflect the payment increase described in this paragraph.

26.1 	Sec. 7. Minnesota Statutes 2015 Supplement, section 256B.766, is amended to read:
26.2 	256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
26.3 	(a) Effective for services provided on or after July 1, 2009, total payments for basic 
26.4 	care services, shall be reduced by three percent, except that for the period July 1, 2009, 
26.5 	through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical 
26.6 	assistance and general assistance medical care programs, prior to third-party liability and 
26.7 	spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical 
26.8 	therapy services, occupational therapy services, and speech-language pathology and 
26.9 	related services as basic care services. The reduction in this paragraph shall apply to 
26.10 	physical therapy services, occupational therapy services, and speech-language pathology 
26.11 	and related services provided on or after July 1, 2010.
26.12 	(b) Payments made to managed care plans and county-based purchasing plans shall 
26.13 	be reduced for services provided on or after October 1, 2009, to reflect the reduction 
26.14 	effective July 1, 2009, and payments made to the plans shall be reduced effective October 
26.15 	1, 2010, to reflect the reduction effective July 1, 2010.
26.16 	(c) Effective for services provided on or after September 1, 2011, through June 30, 
26.17 	2013, total payments for outpatient hospital facility fees shall be reduced by five percent 
26.18 	from the rates in effect on August 31, 2011.
26.19 	(d) Effective for services provided on or after September 1, 2011, through June 
26.20 	30, 2013, total payments for ambulatory surgery centers facility fees, medical supplies 
26.21 	and durable medical equipment not subject to a volume purchase contract, prosthetics 
26.22 	and orthotics, renal dialysis services, laboratory services, public health nursing services, 
26.23 	physical therapy services, occupational therapy services, speech therapy services, 
26.24 	eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume 
26.25 	purchase contract, and anesthesia services shall be reduced by three percent from the 
26.26 	rates in effect on August 31, 2011.
26.27 	(e) Effective for services provided on or after September 1, 2014, payments 
26.28 	for ambulatory surgery centers facility fees, hospice services, renal dialysis services, 
26.29 	laboratory services, public health nursing services, eyeglasses not subject to a volume 
26.30 	purchase contract, and hearing aids not subject to a volume purchase contract shall be 
26.31 	increased by three percent and payments for outpatient hospital facility fees shall be 
26.32 	increased by three percent. Payments made to managed care plans and county-based 
26.33 	purchasing plans shall not be adjusted to reflect payments under this paragraph.
26.34 	(f) Payments for medical supplies and durable medical equipment not subject to a 
26.35 	volume purchase contract, and prosthetics and orthotics, provided on or after July 1, 2014, 
26.36 	through June 30, 2015, shall be decreased by .33 percent. Payments for medical supplies 
27.1 	and durable medical equipment not subject to a volume purchase contract, and prosthetics 
27.2 	and orthotics, provided on or after July 1, 2015, shall be increased by three percent from 
27.3 	the rates as determined under paragraph (i).
27.4 	(g) Effective for services provided on or after July 1, 2015, payments for outpatient 
27.5 	hospital facility fees, medical supplies and durable medical equipment not subject to a 
27.6 	volume purchase contract, prosthetics and orthotics, and laboratory services to a hospital 
27.7 	meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause (4), 
27.8 	shall be increased by 90 percent from the rates in effect on June 30, 2015. Payments made 
27.9 	to managed care plans and county-based purchasing plans shall not be adjusted to reflect 
27.10 	payments under this paragraph.
27.11 	(h) This section does not apply to physician and professional services, inpatient 
27.12 	hospital services, family planning services, mental health services, dental services, 
27.13 	prescription drugs, medical transportation, federally qualified health centers, rural health 
27.14 	centers, Indian health services, and Medicare cost-sharing.
27.15 	(i) Effective July 1, 2015, the medical assistance payment rate for durable medical 
27.16 	equipment, prosthetics, orthotics, or supplies shall be restored to the January 1, 2008, 
27.17 	medical assistance fee schedule, updated to include subsequent rate increases in the 
27.18 	Medicare and medical assistance fee schedules, and including following categories of 
27.19 	durable medical equipment shall be individually priced items for the following categories: 
27.20 	enteral nutrition and supplies, customized and other specialized tracheostomy tubes and 
27.21 	supplies, electric patient lifts, and durable medical equipment repair and service. This 
27.22 	paragraph does not apply to medical supplies and durable medical equipment subject to 
27.23 	a volume purchase contract, products subject to the preferred diabetic testing supply 
27.24 	program, and items provided to dually eligible recipients when Medicare is the primary 
27.25 	payer for the item. The commissioner shall not apply any medical assistance rate 
27.26 	reductions to durable medical equipment as a result of Medicare competitive bidding.
27.27 	(j) Effective July 1, 2015, medical assistance payment rates for durable medical 
27.28 	equipment, prosthetics, orthotics, or supplies shall be increased as follows:
27.29 	(1) payment rates for durable medical equipment, prosthetics, orthotics, or supplies 
27.30 	that were subject to the Medicare 2008 competitive bid shall be increased by 9.5 percent; 
27.31 	and
27.32 	(2) payment rates for durable medical equipment, prosthetics, orthotics, or supplies 
27.33 	on the medical assistance fee schedule, whether or not subject to the Medicare 2008 
27.34 	competitive bid, shall be increased by 2.94 percent, with this increase being applied after 
27.35 	calculation of any increased payment rate under clause (1).
28.1 	This paragraph does not apply to medical supplies and durable medical equipment subject 
28.2 	to a volume purchase contract, products subject to the preferred diabetic testing supply 
28.3 	program, items provided to dually eligible recipients when Medicare is the primary payer 
28.4 	for the item, and individually priced items identified in paragraph (i). Payments made to 
28.5 	managed care plans and county-based purchasing plans shall not be adjusted to reflect the 
28.6 	rate increases in this paragraph.

28.7 	EFFECTIVE DATE. This section is effective retroactively from July 1, 2015.

28.8 	ARTICLE 3
28.9 	MNSURE

28.10 	Section 1. [45.0131] LEGISLATIVE ENACTMENT REQUIRED.
28.11 		Subdivision 1.Agency agreements. The commissioner of commerce shall not 
28.12 	enter into or renew any interagency agreement or service level agreement with a value of 
28.13 	more than $100,000 a year, or related agreements with a cumulative value of more than 
28.14 	$100,000 a year, with a state department, state agency, or the Office of MN.IT Services, 
28.15 	unless the specific agreement is authorized by enactment of a new law. If an agreement, 
28.16 	including an agreement in effect as of the effective date of this section, does not have a 
28.17 	specific expiration date, the agreement shall expire two years from the effective date of 
28.18 	this section or the effective date of the agreement, whichever is later, unless the specific 
28.19 	agreement is authorized by enactment of a new law.
28.20 		Subd. 2.Transfers. Notwithstanding section 16A.285, the commissioner shall not 
28.21 	transfer appropriations and funds in amounts over $100,000 across agency accounts or 
28.22 	programs, unless the specific transfer is authorized by enactment of a new law.
28.23 		Subd. 3.Definitions. For purposes of this section, "state department" has the 
28.24 	meaning provided in section 15.01, and "state agency" has the meaning provided in 
28.25 	section 15.012.

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

28.27 	Sec. 2. Minnesota Statutes 2015 Supplement, section 62V.03, subdivision 2, is 
28.28 	amended to read:
28.29 		Subd. 2.Application of other law. (a) MNsure must be reviewed by the legislative 
28.30 	auditor under section 3.971. The legislative auditor shall audit the books, accounts, and 
28.31 	affairs of MNsure once each year or less frequently as the legislative auditor's funds and 
28.32 	personnel permit. Upon the audit of the financial accounts and affairs of MNsure, MNsure 
28.33 	is liable to the state for the total cost and expenses of the audit, including the salaries paid 
29.1 	to the examiners while actually engaged in making the examination. The legislative 
29.2 	auditor may bill MNsure either monthly or at the completion of the audit. All collections 
29.3 	received for the audits must be deposited in the general fund and are appropriated to 
29.4 	the legislative auditor. Pursuant to section 3.97, subdivision 3a, the Legislative Audit 
29.5 	Commission is requested to direct the legislative auditor to report by March 1, 2014, to 
29.6 	the legislature on any duplication of services that occurs within state government as a 
29.7 	result of the creation of MNsure. The legislative auditor may make recommendations on 
29.8 	consolidating or eliminating any services deemed duplicative. The board shall reimburse 
29.9 	the legislative auditor for any costs incurred in the creation of this report.
29.10 	(b) Board members of MNsure are subject to sections 10A.07 and 10A.09. Board 
29.11 	members and the personnel of MNsure are subject to section 10A.071.
29.12 	(c) All meetings of the board and of the Minnesota Eligibility System Executive 
29.13 	Steering Committee established under section 62V.056 shall comply with the open 
29.14 	meeting law in chapter 13D.
29.15 	(d) The board and the Web site are exempt from chapter 60K. Any employee of 
29.16 	MNsure who sells, solicits, or negotiates insurance to individuals or small employers must 
29.17 	be licensed as an insurance producer under chapter 60K.
29.18 	(e) Section 3.3005 applies to any federal funds received by MNsure.
29.19 	(f) A MNsure decision that requires a vote of the board, other than a decision that 
29.20 	applies only to hiring of employees or other internal management of MNsure, is an 
29.21 	"administrative action" under section 10A.01, subdivision 2.

29.22 	Sec. 3. Minnesota Statutes 2014, section 62V.04, subdivision 2, is amended to read:
29.23 		Subd. 2.Appointment. (a) Board membership of MNsure consists of the following:
29.24 	(1) three members appointed by the governor with the advice and consent of both the 
29.25 	senate and the house of representatives acting separately in accordance with paragraph (d), 
29.26 	with one member representing the interests of individual consumers eligible for individual 
29.27 	market coverage, one member representing individual consumers eligible for public health 
29.28 	care program coverage, and one member representing small employers. Members are 
29.29 	appointed to serve four-year terms following the initial staggered-term lot determination;
29.30 	(2) three members appointed by the governor with the advice and consent of both the 
29.31 	senate and the house of representatives acting separately in accordance with paragraph (d) 
29.32 	who have demonstrated expertise, leadership, and innovation in the following areas: one 
29.33 	member representing the areas of health administration, health care finance, health plan 
29.34 	purchasing, and health care delivery systems; one member representing the areas of public 
29.35 	health, health disparities, public health care programs, and the uninsured; and one member 
30.1 	representing health policy issues related to the small group and individual markets. 
30.2 	Members are appointed to serve four-year terms following the initial staggered-term lot 
30.3 	determination; and
30.4 	(3) the commissioner of human services or a designee one member representing the 
30.5 	interests of the general public, appointed by the governor with the advice and consent of 
30.6 	both the senate and the house of representatives acting in accordance with paragraph (d). 
30.7 	A member appointed under this clause shall serve a four-year term.
30.8 	(b) Section 15.0597 shall apply to all appointments, except for the commissioner.
30.9 	(c) The governor shall make appointments to the board that are consistent with 
30.10 	federal law and regulations regarding its composition and structure. All board members 
30.11 	appointed by the governor must be legal residents of Minnesota.
30.12 	(d) Upon appointment by the governor, a board member shall exercise duties of 
30.13 	office immediately. If both the house of representatives and the senate vote not to confirm 
30.14 	an appointment, the appointment terminates on the day following the vote not to confirm 
30.15 	in the second body to vote.
30.16 	(e) Initial appointments shall be made by April 30, 2013.
30.17 	(f) One of the six members appointed under paragraph (a), clause (1) or (2), must 
30.18 	have experience in representing the needs of vulnerable populations and persons with 
30.19 	disabilities.
30.20 	(g) Membership on the board must include representation from outside the 
30.21 	seven-county metropolitan area, as defined in section 473.121, subdivision 2.

30.22 	Sec. 4. Minnesota Statutes 2014, section 62V.04, subdivision 3, is amended to read:
30.23 		Subd. 3.Terms. (a) Board members may serve no more than two consecutive 
30.24 	terms, except for the commissioner or the commissioner's designee, who shall serve 
30.25 	until replaced by the governor.
30.26 	(b) A board member may resign at any time by giving written notice to the board.
30.27 	(c) The appointed members under subdivision 2, paragraph (a), clauses (1) and (2), 
30.28 	shall have an initial term of two, three, or four years, determined by lot by the secretary of 
30.29 	state.

30.30 	Sec. 5. Minnesota Statutes 2014, section 62V.04, subdivision 4, is amended to read:
30.31 		Subd. 4.Conflicts of interest. (a) Within one year prior to or at any time during 
30.32 	their appointed term, board members appointed under subdivision 2, paragraph (a), 
30.33 	clauses (1) and (2), shall not be employed by, be a member of the board of directors of, or 
30.34 	otherwise be a representative of a health carrier, institutional health care provider or other 
31.1 	entity providing health care, navigator, insurance producer, or other entity in the business 
31.2 	of selling items or services of significant value to or through MNsure. For purposes of this 
31.3 	paragraph, "health care provider or entity" does not include an academic institution.
31.4 	(b) Board members must recuse themselves from discussion of and voting on an 
31.5 	official matter if the board member has a conflict of interest. A conflict of interest means 
31.6 	an association including a financial or personal association that has the potential to bias or 
31.7 	have the appearance of biasing a board member's decisions in matters related to MNsure 
31.8 	or the conduct of activities under this chapter.
31.9 	(c) No board member shall have a spouse who is an executive of a health carrier.
31.10 	(d) No member of the board may currently serve as a lobbyist, as defined under 
31.11 	section 10A.01, subdivision 21.

31.12 	Sec. 6. Minnesota Statutes 2014, section 62V.05, subdivision 2, is amended to read:
31.13 		Subd. 2.Operations funding. (a) Prior to January 1, 2015, MNsure shall retain or 
31.14 	collect up to 1.5 percent of total premiums for individual and small group market health 
31.15 	plans and dental plans sold through MNsure to fund the cash reserves of MNsure, but 
31.16 	the amount collected shall not exceed a dollar amount equal to 25 percent of the funds 
31.17 	collected under section 62E.11, subdivision 6, for calendar year 2012.
31.18 	(b) Beginning January 1, 2015, MNsure shall retain or collect up to 3.5 percent of 
31.19 	total premiums for individual and small group market health plans and dental plans sold 
31.20 	through MNsure to fund the operations of MNsure, but the amount collected shall not 
31.21 	exceed a dollar amount equal to 50 percent of the funds collected under section 62E.11, 
31.22 	subdivision 6, for calendar year 2012.
31.23 	(c) Beginning January 1, 2016, through December 31, 2016, MNsure shall retain or 
31.24 	collect up to 3.5 percent of total premiums for individual and small group market health 
31.25 	plans and dental plans sold through MNsure to fund the operations of MNsure, but the 
31.26 	amount collected may never exceed a dollar amount greater than 100 percent of the funds 
31.27 	collected under section 62E.11, subdivision 6, for calendar year 2012.
31.28 	(d) For fiscal years 2014 and 2015, the commissioner of management and budget is 
31.29 	authorized to provide cash flow assistance of up to $20,000,000 from the special revenue 
31.30 	fund or the statutory general fund under section 16A.671, subdivision 3, paragraph (a), 
31.31 	to MNsure. Any funds provided under this paragraph shall be repaid, with interest, by 
31.32 	June 30, 2015.
31.33 	(b) Beginning January 1, 2017, through December 31, 2017, MNsure shall retain or 
31.34 	collect up to 1.75 percent of total premiums for individual and small group market health 
31.35 	plans and dental plans sold through MNsure to fund the operation of MNsure.
32.1 	(c) If an independent third party makes the certification specified in this paragraph, 
32.2 	MNsure shall retain or collect up to 1.75 percent of total premiums for individual and small 
32.3 	group market health plans and dental plans sold through MNsure to fund the operations of 
32.4 	MNsure. This paragraph applies to a calendar year beginning on or after January 1, 2018, 
32.5 	if in the previous calendar year the independent third party certified that MNsure met all 
32.6 	of the following operational and technological benchmarks for the previous calendar year:
32.7 	(1) on a daily basis, MNsure successfully transferred to health carriers data in the 
32.8 	EDI 834 format that were complete and accurate according to industry standards and that 
32.9 	allowed the health carrier to enroll the consumer in the qualified health plan chosen by 
32.10 	the consumer;
32.11 	(2) MNsure automatically processed enrollment renewals in qualified health plans 
32.12 	and in public health care programs;
32.13 	(3) MNsure automatically processed invoices for and payments of MinnesotaCare 
32.14 	premiums;
32.15 	(4) MNsure provided self-service functionality for account changes and changes 
32.16 	necessitated by qualifying life events, including adding or removing household members, 
32.17 	making changes to address or income, canceling coverage, and accessing online proof of 
32.18 	coverage forms required by federal law;
32.19 	(5) MNsure transmitted 1095-A forms to enrollees by January 31 each year, or 
32.20 	earlier if required by federal law; and
32.21 	(6) MNsure call center response and resolution times met or exceeded industry 
32.22 	standards.
32.23 	(d) Beginning January 1, 2018, for any calendar year for which the independent 
32.24 	third party did not make the certification specified in paragraph (c) for the previous 
32.25 	calendar year, MNsure shall retain or collect up to 1.5 percent of total premiums for 
32.26 	individual and small group market health plans and dental plans sold through MNsure to 
32.27 	fund the operation of MNsure.
32.28 	(e) Funding for the operations of MNsure shall cover any compensation provided to 
32.29 	navigators participating in the navigator program.
32.30 	(f) The amount collected by MNsure in a calendar year under this subdivision shall 
32.31 	not exceed a dollar amount greater than 60 percent of the funds collected under section 
32.32 	62E.11, subdivision 6, for calendar year 2012.

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

32.34 	Sec. 7. Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision 
32.35 	to read:
33.1 		Subd. 12.Legislative enactment required. (a) The MNsure board shall not enter 
33.2 	into or renew any interagency agreement or service level agreement with a value of 
33.3 	more than $100,000 a year, or related agreements with a cumulative value of more than 
33.4 	$100,000 a year, with a state department, state agency, or the Office of MN.IT Services, 
33.5 	unless the specific agreement is authorized by enactment of a new law. If an agreement, 
33.6 	including an agreement in effect as of the effective date of this subdivision, does not have 
33.7 	an expiration date, the agreement shall expire two years from the effective date of this 
33.8 	subdivision or the effective date of the agreement, whichever is later, unless the specific 
33.9 	agreement is authorized by enactment of a new law.
33.10 	(b) Notwithstanding section 16A.285, the board shall not transfer appropriations and 
33.11 	funds in amounts over $100,000 across agency accounts or programs unless the specific 
33.12 	transfer is authorized by enactment of a new law.
33.13 	(c) For purposes of this subdivision, "state department" has the meaning provided in 
33.14 	section 15.01, and "state agency" has the meaning provided in section 15.012.

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

33.16 	Sec. 8. [62V.056] MINNESOTA ELIGIBILITY SYSTEM EXECUTIVE 
33.17 	STEERING COMMITTEE.
33.18 		Subdivision 1. Definition; Minnesota eligibility system.  For purposes of this 
33.19 	section, "Minnesota eligibility system" means the system that supports eligibility 
33.20 	determinations using a modified adjusted gross income methodology for medical 
33.21 	assistance under section 256B.056, subdivision 1a, paragraph (b), clause (1); 
33.22 	MinnesotaCare under chapter 256L; and qualified health plan enrollment under section 
33.23 	62V.05, subdivision 5, paragraph (c).
33.24 		Subd. 2. Establishment; committee membership. The Minnesota Eligibility 
33.25 	System Executive Steering Committee is established to govern and administer the 
33.26 	Minnesota eligibility system. The steering committee shall be composed of one member 
33.27 	appointed by the commissioner of human services, one member appointed by the 
33.28 	board, one member appointed jointly by the Association of Minnesota Counties and 
33.29 	the Minnesota Inter-County Association, and one nonvoting member appointed by the 
33.30 	commissioner of MN.IT services who shall serve as the committee chairperson. Steering 
33.31 	committee costs must be paid from the budgets of the Department of Human Services, the 
33.32 	Office of MN.IT Services, and MNsure.
33.33 		Subd. 3.Duties.  (a) The Minnesota Eligibility System Executive Steering 
33.34 	Committee shall establish an overall governance structure for the Minnesota eligibility 
33.35 	system and shall be responsible for the overall governance of the system, including setting 
34.1 	system goals and priorities, allocating the system's resources, making major system 
34.2 	decisions, and tracking total funding and expenditures for the system from all sources. 
34.3 	The steering committee shall also report to the Legislative Oversight Committee on a 
34.4 	quarterly basis on Minnesota eligibility system funding and expenditures, including 
34.5 	amounts received in the most recent quarter by funding source and expenditures made in 
34.6 	the most recent quarter by funding source.
34.7 	(b) The steering committee shall adopt bylaws, policies, and interagency agreements 
34.8 	necessary to administer the Minnesota eligibility system.
34.9 	(c) In making decisions, the steering committee shall give particular attention to the 
34.10 	parts of the system with the largest enrollments and the greatest risks.
34.11 		Subd. 4. Meetings.  (a) All meetings of the steering committee must:
34.12 	(1) be held in the State Office Building; and
34.13 	(2) whenever possible, be available on the legislature's Web site for live streaming 
34.14 	and downloading over the Internet.
34.15 	(b) The steering committee must:
34.16 	(1) as part of every steering committee meeting, provide the opportunity for oral 
34.17 	and written public testimony and comments on steering committee governance of the 
34.18 	Minnesota eligibility system; and
34.19 	(2) provide documents under discussion or review by the steering committee to be 
34.20 	electronically posted on the legislature's Web site. Documents must be provided and 
34.21 	posted prior to the meeting at which the documents are scheduled for review or discussion.
34.22 	(c) All votes of the steering committee must be recorded, with each member's vote 
34.23 	identified.
34.24 		Subd. 5.Administrative structure.  The Office of MN.IT Services shall 
34.25 	be responsible for the design, build, maintenance, operation, and upgrade of the 
34.26 	information technology for the Minnesota eligibility system. The office shall carry out its 
34.27 	responsibilities under the governance of the steering committee, this section, and chapter 
34.28 	16E.

34.29 	Sec. 9. Minnesota Statutes 2014, section 62V.11, is amended by adding a subdivision 
34.30 	to read:
34.31 		Subd. 5. Review of Minnesota eligibility system funding and expenditures.  The 
34.32 	committee shall review quarterly reports submitted by the Minnesota Eligibility System 
34.33 	Executive Steering Committee under section 62V.055, subdivision 3, regarding Minnesota 
34.34 	eligibility system funding and expenditures.

35.1 	Sec. 10. Minnesota Statutes 2014, section 144.05, is amended by adding a subdivision 
35.2 	to read:
35.3 		Subd. 6.Legislative enactment required. (a) The commissioner of health shall not 
35.4 	enter into or renew any interagency agreement or service level agreement with a value of 
35.5 	more than $100,000 a year, or related agreements with a cumulative value of more than 
35.6 	$100,000 a year, with a state department, state agency, or the Office of MN.IT Services, 
35.7 	unless the specific agreement is authorized by enactment of a new law. If an agreement, 
35.8 	including an agreement in effect as of the effective date of this subdivision, does not have 
35.9 	an expiration date, the agreement shall expire two years from the effective date of this 
35.10 	subdivision or the effective date of the agreement, whichever is later, unless the specific 
35.11 	agreement is authorized by enactment of a new law.
35.12 	(b) Notwithstanding section 16A.285, the commissioner shall not transfer 
35.13 	appropriations and funds in amounts over $100,000 across agency accounts or programs 
35.14 	unless the specific transfer is authorized by enactment of a new law.
35.15 	(c) For purposes of this subdivision, "state department" has the meaning provided in 
35.16 	section 15.01, and "state agency" has the meaning provided in section 15.012.

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

35.18 	Sec. 11. Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision 
35.19 	to read:
35.20 		Subd. 41.Legislative enactment required. (a) The commissioner of human 
35.21 	services shall not enter into or renew any interagency agreement or service level agreement 
35.22 	with a value of more than $100,000 a year, or related agreements with a cumulative value 
35.23 	of more than $100,000 a year, with a state department, state agency, or the Office of 
35.24 	MN.IT Services, unless the specific agreement is authorized by enactment of a new law. If 
35.25 	an agreement, including an agreement in effect as of the effective date of this subdivision, 
35.26 	does not have an expiration date, the agreement shall expire two years from the effective 
35.27 	date of this subdivision or the effective date of the agreement, whichever is later, unless 
35.28 	the specific agreement is authorized by enactment of a new law.
35.29 	(b) Notwithstanding section 16A.285, the commissioner shall not transfer 
35.30 	appropriations and funds in amounts over $100,000 across agency accounts or programs 
35.31 	unless the specific transfer is authorized by enactment of a new law.
35.32 	(c) For purposes of this subdivision, "state department" has the meaning provided in 
35.33 	section 15.01, and "state agency" has the meaning provided in section 15.012.

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

36.1 	Sec. 12. Minnesota Statutes 2014, section 256L.02, is amended by adding a subdivision 
36.2 	to read:
36.3 		Subd. 7.Federal waiver. The commissioner shall apply for an innovation waiver 
36.4 	under section 1332 of the Affordable Care Act, or any other applicable federal waiver, to 
36.5 	allow persons eligible for MinnesotaCare the option of declining MinnesotaCare coverage 
36.6 	and instead accessing advanced premium tax credits and cost-sharing reductions through 
36.7 	the purchase of qualified health plans through MNsure or outside of MNsure directly from 
36.8 	health plan companies. The commissioner shall submit this federal waiver request within 
36.9 	nine months of the effective date of this subdivision. The commissioner shall coordinate 
36.10 	this waiver request with the waiver request required by Laws 2015, chapter 71, article 12, 
36.11 	section 8. The commissioner shall submit a draft waiver proposal to the MNsure board and 
36.12 	the chairs and ranking minority members of the legislative committees with jurisdiction 
36.13 	over health and human services policy and finance at least 30 days before submitting a final 
36.14 	waiver proposal to the federal government. The commissioner shall notify the board and 
36.15 	the chairs and ranking minority members of any federal decision or action related to the 
36.16 	proposal. If federal approval is granted, the commissioner shall submit to the legislature 
36.17 	draft legislation and fiscal estimates necessary to implement the approved proposal.

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

36.19 	Sec. 13. FEDERAL-STATE ELIGIBILITY DETERMINATION AND 
36.20 	ENROLLMENT SYSTEM FOR INSURANCE AFFORDABILITY PROGRAMS.
 36.21 		Subdivision 1.Waiver request. (a) The commissioner of human services, in 
36.22 	consultation with the MNsure board, commissioner of commerce, and commissioner 
36.23 	of health, shall apply for an innovation waiver under section 1332 of the Affordable 
36.24 	Care Act, or any other applicable federal waiver, to establish and operate a federal-state 
36.25 	eligibility determination and enrollment system for state insurance affordability programs 
36.26 	for coverage beginning January 1, 2018. The federal-state eligibility determination and 
36.27 	enrollment system shall take the place of MNsure established under Minnesota Statutes, 
36.28 	chapter 62V. Under the federal-state eligibility determination and enrollment system:
36.29 	(1) eligibility determinations and enrollment for persons applying for or renewing 
36.30 	coverage under medical assistance and MinnesotaCare shall be conducted by the 
36.31 	commissioner of human services; and
36.32 	(2) enrollment in qualified health plans and eligibility determinations for any 
36.33 	applicable advanced premium tax credits and cost-sharing reductions shall be conducted 
36.34 	by the federally facilitated marketplace.
37.1 	(b) For purposes of this section, "state insurance affordability programs" means 
37.2 	medical assistance, MinnesotaCare, and qualified health plan coverage with any applicable 
37.3 	advanced premium tax credits and cost-sharing reductions.
37.4 	(c) The federal-state eligibility determination and enrollment system must 
37.5 	incorporate an asset test for adults without children who qualify for medical assistance 
37.6 	under Minnesota Statutes, section 256B.055, subdivision 15, or MinnesotaCare under 
37.7 	Minnesota Statutes, chapter 256L, under which a household of two or more persons must 
37.8 	not own more than $20,000 in total net assets and a household of one person must not 
37.9 	own more than $10,000 in total net assets.
37.10 		Subd. 2.Requirements of waiver application. In designing the federal-state 
37.11 	eligibility determination and enrollment system and developing the waiver application, 
37.12 	the commissioner shall:
37.13 	(1) seek to incorporate, where appropriate and cost-effective, elements of 
37.14 	the MNsure eligibility determination system and eligibility determination systems 
37.15 	administered by the commissioner of human services;
37.16 	(2) coordinate the waiver request with the waiver requests required by Minnesota 
37.17 	Statutes, section 256L.02, subdivision 7, if enacted, and with the waiver request required 
37.18 	by Laws 2015, chapter 71, article 12, section 8;
37.19 	(3) regularly consult with stakeholder groups, including but not limited to 
37.20 	representatives of state and county agencies, health care providers, health plan companies, 
37.21 	brokers, and consumers; and
37.22 	(4) seek all available federal grants and funds for state planning and development 
37.23 	costs.
37.24 		Subd. 3.Vendor contract; use of existing resources. The commissioner of 
37.25 	human services, in consultation with the chief information officer of MN.IT, may contract 
37.26 	with a vendor to provide technical assistance in developing the waiver request. The 
37.27 	commissioner shall develop the waiver request and enter into any contract for technical 
37.28 	assistance using existing resources.
37.29 		Subd. 4.Reports to legislative committees. The commissioner of human services 
37.30 	shall report to the chairs and ranking minority members of the legislative committees with 
37.31 	jurisdiction over commerce and health and human services policy and finance by January 
37.32 	1, 2017, on progress in seeking the waiver required by this section, and shall notify these 
37.33 	chairs and ranking minority members of any federal decision related to the waiver request.

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

37.35 	Sec. 14. REVISOR'S INSTRUCTION.
 38.1 	The revisor of statutes shall change cross-references to sections in Minnesota 
38.2 	Statutes and Minnesota Rules that are repealed in this article when appropriate. The 
38.3 	revisor may make technical and other necessary changes to sentence structure to preserve 
38.4 	the meaning of the text.

38.5 	Sec. 15.  REPEALER.
 38.6 	(a) Minnesota Statutes 2014, sections 62V.01; 62V.02; 62V.03, subdivisions 1 and 3; 
38.7 	62V.04; 62V.05, subdivisions 1, 2, 3, 4, 5, 9, and 10; 62V.06; 62V.07; 62V.08; 62V.09; 
38.8 	62V.10; and 62V.11, subdivisions 1, 2, and 4, are repealed.
38.9 	(b) Minnesota Statutes 2015 Supplement, sections 62V.03, subdivision 2; 62V.05, 
38.10 	subdivisions 6, 7, 8, and 11; and 62V.051, are repealed.
38.11 	(c) Minnesota Rules, parts 7700.0010; 7700.0020; 7700.0030; 7700.0040; 
38.12 	7700.0050; 7700.0060; 7700.0070; 7700.0080; 7700.0090; 7700.0100; 7700.0101; and 
38.13 	7700.0105, are repealed.

38.14 	EFFECTIVE DATE. This section is effective upon approval of the waiver request 
38.15 	to establish and operate a federal-state eligibility determination and enrollment system, or 
38.16 	January 1, 2018, whichever is later. The commissioner of human services shall notify the 
38.17 	revisor of statutes when the waiver request is approved.

38.18 	ARTICLE 4
38.19 	HEALTH DEPARTMENT

38.20 	Section 1. Minnesota Statutes 2014, section 13.3805, is amended by adding a 
38.21 	subdivision to read:
38.22 		Subd. 5.Radon testing and mitigation data. Data maintained by the Department 
38.23 	of Health that identify the address of a radon testing or mitigation site, and the name, 
38.24 	address, e-mail address, and telephone number of residents and residential property owners 
38.25 	of a radon testing or mitigation site, are private data on individuals or nonpublic data.

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

38.27 	Sec. 2. Minnesota Statutes 2014, section 62J.495, subdivision 4, is amended to read:
38.28 		Subd. 4.Coordination with national HIT activities. (a) The commissioner, 
38.29 	in consultation with the e-Health Advisory Committee, shall update the statewide 
38.30 	implementation plan required under subdivision 2 and released June 2008, to be consistent 
38.31 	with the updated Federal HIT Strategic Plan released by the Office of the National 
39.1 	Coordinator in accordance with section 3001 of the HITECH Act. The statewide plan 
39.2 	shall meet the requirements for a plan required under section 3013 of the HITECH Act.
39.3 	(b) The commissioner, in consultation with the e-Health Advisory Committee, 
39.4 	shall work to ensure coordination between state, regional, and national efforts to support 
39.5 	and accelerate efforts to effectively use health information technology to improve the 
39.6 	quality and coordination of health care and the continuity of patient care among health 
39.7 	care providers, to reduce medical errors, to improve population health, to reduce health 
39.8 	disparities, and to reduce chronic disease. The commissioner's coordination efforts shall 
39.9 	include but not be limited to:
39.10 	(1) assisting in the development and support of health information technology 
39.11 	regional extension centers established under section 3012(c) of the HITECH Act to 
39.12 	provide technical assistance and disseminate best practices; and
39.13 	(2) providing supplemental information to the best practices gathered by regional 
39.14 	centers to ensure that the information is relayed in a meaningful way to the Minnesota 
39.15 	health care community;
39.16 	(3) providing financial and technical support to Minnesota health care providers to 
39.17 	encourage implementation of admission, discharge, and transfer alerts and care summary 
39.18 	document exchange transactions, and to evaluate the impact of health information 
39.19 	technology on cost and quality of care. Communications about available financial and 
39.20 	technical support shall include clear information about the interoperable electronic health 
39.21 	record requirements in subdivision 1, including a separate statement in boldface type 
39.22 	clarifying the exceptions to those requirements;
39.23 	(4) providing educational resources and technical assistance to health care providers 
39.24 	and patients related to state and national privacy, security, and consent laws governing 
39.25 	clinical health information, including the requirements of sections 144.291 to 144.298. In 
39.26 	carrying out these activities, the commissioner's technical assistance does not constitute 
39.27 	legal advice; and
39.28 	(5) assessing Minnesota's legal, financial, and regulatory framework for health 
39.29 	information exchange, including the requirements of sections 144.291 to 144.298, and 
39.30 	making recommendations for modifications that would strengthen the ability of Minnesota 
39.31 	health care providers to securely exchange data in compliance with patient preferences 
39.32 	and in a way that is efficient and financially sustainable.
39.33 	(c) The commissioner, in consultation with the e-Health Advisory Committee, shall 
39.34 	monitor national activity related to health information technology and shall coordinate 
39.35 	statewide input on policy development. The commissioner shall coordinate statewide 
39.36 	responses to proposed federal health information technology regulations in order to ensure 
40.1 	that the needs of the Minnesota health care community are adequately and efficiently 
40.2 	addressed in the proposed regulations. The commissioner's responses may include, but 
40.3 	are not limited to:
40.4 	(1) reviewing and evaluating any standard, implementation specification, or 
40.5 	certification criteria proposed by the national HIT standards committee;
40.6 	(2) reviewing and evaluating policy proposed by the national HIT policy committee 
40.7 	relating to the implementation of a nationwide health information technology infrastructure;
40.8 	(3) monitoring and responding to activity related to the development of quality 
40.9 	measures and other measures as required by section 4101 of the HITECH Act. Any 
40.10 	response related to quality measures shall consider and address the quality efforts required 
40.11 	under chapter 62U; and
40.12 	(4) monitoring and responding to national activity related to privacy, security, and 
40.13 	data stewardship of electronic health information and individually identifiable health 
40.14 	information.
40.15 	(d) To the extent that the state is either required or allowed to apply, or designate an 
40.16 	entity to apply for or carry out activities and programs under section 3013 of the HITECH 
40.17 	Act, the commissioner of health, in consultation with the e-Health Advisory Committee 
40.18 	and the commissioner of human services, shall be the lead applicant or sole designating 
40.19 	authority. The commissioner shall make such designations consistent with the goals and 
40.20 	objectives of sections 62J.495 to 62J.497 and 62J.50 to 62J.61.
40.21 	(e) The commissioner of human services shall apply for funding necessary to 
40.22 	administer the incentive payments to providers authorized under title IV of the American 
40.23 	Recovery and Reinvestment Act.
40.24 	(f) The commissioner shall include in the report to the legislature information on the 
40.25 	activities of this subdivision and provide recommendations on any relevant policy changes 
40.26 	that should be considered in Minnesota.

40.27 	Sec. 3. Minnesota Statutes 2014, section 62J.496, subdivision 1, is amended to read:
40.28 		Subdivision 1.Account establishment. (a) An account is established to:
40.29 	(1) finance the purchase of certified electronic health records or qualified electronic 
40.30 	health records as defined in section 62J.495, subdivision 1a;
40.31 	(2) enhance the utilization of electronic health record technology, which may include 
40.32 	costs associated with upgrading the technology to meet the criteria necessary to be a 
40.33 	certified electronic health record or a qualified electronic health record;
40.34 	(3) train personnel in the use of electronic health record technology; and
40.35 	(4) improve the secure electronic exchange of health information.
41.1 	(b) Amounts deposited in the account, including any grant funds obtained through 
41.2 	federal or other sources, loan repayments, and interest earned on the amounts shall 
41.3 	be used only for awarding loans or loan guarantees, as a source of reserve and security 
41.4 	for leveraged loans, for activities authorized in section 62J.495, subdivision 4, or for 
41.5 	the administration of the account.
41.6 	(c) The commissioner may accept contributions to the account from private sector 
41.7 	entities subject to the following provisions:
41.8 	(1) the contributing entity may not specify the recipient or recipients of any loan 
41.9 	issued under this subdivision;
41.10 	(2) the commissioner shall make public the identity of any private contributor to the 
41.11 	loan fund, as well as the amount of the contribution provided;
41.12 	(3) the commissioner may issue letters of commendation or make other awards that 
41.13 	have no financial value to any such entity; and
41.14 	(4) a contributing entity may not specify that the recipient or recipients of any loan 
41.15 	use specific products or services, nor may the contributing entity imply that a contribution 
41.16 	is an endorsement of any specific product or service.
41.17 	(d) The commissioner may use the loan funds to reimburse private sector entities 
41.18 	for any contribution made to the loan fund. Reimbursement to private entities may not 
41.19 	exceed the principle amount contributed to the loan fund.
41.20 	(e) The commissioner may use funds deposited in the account to guarantee, or 
41.21 	purchase insurance for, a local obligation if the guarantee or purchase would improve 
41.22 	credit market access or reduce the interest rate applicable to the obligation involved.
41.23 	(f) The commissioner may use funds deposited in the account as a source of revenue 
41.24 	or security for the payment of principal and interest on revenue or general obligation 
41.25 	bonds issued by the state if the proceeds of the sale of the bonds will be deposited into 
41.26 	the loan fund.
41.27 	(h) The commissioner shall not award new loans or loan guarantees after July 1, 2016.

41.28 	Sec. 4. [144.1912] GREATER MINNESOTA FAMILY MEDICINE RESIDENCY 
41.29 	GRANT PROGRAM.
41.30 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
41.31 	have the meanings given.
41.32 	(b) "Commissioner" means the commissioner of health.
41.33 	(c) "Eligible family medicine residency program" means a program that meets the 
41.34 	following criteria:
42.1 	(1) is located in Minnesota outside the seven-county metropolitan area as defined in 
42.2 	section 473.121, subdivision 4;
42.3 	(2) is accredited as a family medicine residency program or is a candidate for 
42.4 	accreditation;
42.5 	(3) is focused on the education and training of family medicine physicians to serve 
42.6 	communities outside the metropolitan area; and
42.7 	(4) demonstrates that over the most recent three years, at least 25 percent of its 
42.8 	graduates practice in Minnesota communities outside the metropolitan area.
42.9 		Subd. 2.Program administration. (a) The commissioner shall award family 
42.10 	medicine residency grants to existing, eligible, not-for-profit  family medicine residency 
42.11 	programs to support current and new residency positions. Funds shall be allocated first to 
42.12 	proposed new family medicine residency positions, and remaining funds shall be allocated 
42.13 	proportionally based on the number of existing residents in eligible programs. The 
42.14 	commissioner may fund a new residency position for up to three years.
42.15 	(b) Grant funds awarded may only be spent to cover the costs of:
42.16 	(1) establishing, maintaining, or expanding training for family medicine residents;
42.17 	(2) recruitment, training, and retention of residents and faculty;
42.18 	(3) travel and lodging for residents; and
42.19 	(4) faculty, resident, and preceptor salaries.
42.20 	(c) Grant funds shall not be used to supplant any other government or private funds 
42.21 	available for these purposes.
42.22 		Subd. 3.Applications. Eligible family medicine residency programs seeking a 
42.23 	grant must apply to the commissioner. The application must include objectives, a related 
42.24 	work plan and budget, a description of the number of new and existing residency positions 
42.25 	that will be supported using grant funds, and additional information the commissioner 
42.26 	determines to be necessary. The commissioner shall determine whether applications are 
42.27 	complete and responsive and may require revisions or additional information before 
42.28 	awarding a grant.
42.29 		Subd. 4.Program oversight. The commissioner may require and collect from 
42.30 	family medicine residency programs receiving grants any information necessary to 
42.31 	administer and evaluate the program.

42.32 	Sec. 5. Minnesota Statutes 2014, section 144.293, subdivision 2, is amended to read:
42.33 		Subd. 2.Patient consent to release of records. (a) A provider, or a person who 
42.34 	receives health records from a provider, may not release a patient's health records to a 
42.35 	person without:
43.1 	(1) a signed and dated consent from the patient or the patient's legally authorized 
43.2 	representative authorizing the release;
43.3 	(2) specific authorization in law; or
43.4 	(3) a representation from a provider that holds a signed and dated consent from the 
43.5 	patient authorizing the release.
43.6 	(b) Any consent form signed by a patient must include an option to indicate "yes" or 
43.7 	"no" to individual items for which the provider is requesting consent. The provider may not 
43.8 	condition the patient's receipt of treatment on the patient's willingness to release records.

43.9 	Sec. 6. Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 3, is 
43.10 	amended to read:
43.11 		Subd. 3.Rulemaking. The commissioner of health shall adopt rules for establishing
43.12 	licensure requirements and enforcement of applicable laws and rules work standards
43.13 	relating to indoor radon in dwellings and other buildings, with the exception of newly 
43.14 	constructed Minnesota homes according to section 326B.106, subdivision 6. The 
43.15 	commissioner shall coordinate, oversee, and implement all state functions in matters 
43.16 	concerning the presence, effects, measurement, and mitigation of risks of radon in 
43.17 	dwellings and other buildings.

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

43.19 	Sec. 7. Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 4, is 
43.20 	amended to read:
43.21 		Subd. 4.System tag. All radon mitigation systems installed in Minnesota on or 
43.22 	after October 1, 2017 January 1, 2018, must have a radon mitigation system tag provided 
43.23 	by the commissioner. A radon mitigation professional must attach the tag to the radon 
43.24 	mitigation system in a visible location.

43.25 	EFFECTIVE DATE. This section is effective January 1, 2018.

43.26 	Sec. 8. Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 5, is 
43.27 	amended to read:
43.28 		Subd. 5.License required annually. A license is required annually for every 
43.29 	person, firm, or corporation that sells a device or performs a service for compensation 
43.30 	to detect the presence of radon in the indoor atmosphere, performs laboratory analysis, 
43.31 	or performs a service to mitigate radon in the indoor atmosphere. This section does not 
44.1 	apply to retail stores that only sell or distribute radon sampling but are not engaged in the 
44.2 	manufacture of radon sampling devices.

44.3 	EFFECTIVE DATE. This section is effective January 1, 2018.

44.4 	Sec. 9. Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 6, is 
44.5 	amended to read:
44.6 		Subd. 6.Exemptions. This section does not apply to:
44.7 	(1) radon control systems installed in newly constructed Minnesota homes according 
44.8 	to section 326B.106, subdivision 6, prior to the issuance of a certificate of occupancy are 
44.9 	not required to follow the requirements of this section.;
44.10 	(2) employees of a firm or corporation that installs radon control systems in newly 
44.11 	constructed Minnesota homes specified in clause (1);
44.12 	(3) a person authorized as a building official under Minnesota Rules, part 1300.0110, 
44.13 	or that person's designee; or
44.14 	(4) any person, firm, corporation, or entity that distributes radon testing devices or 
44.15 	information for general educational purposes.

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

44.17 	Sec. 10. Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 8, 
44.18 	is amended to read:
44.19 		Subd. 8.Licensing fees. (a) All radon license applications submitted to the 
44.20 	commissioner of health must be accompanied by the required fees. If the commissioner 
44.21 	determines that insufficient fees were paid, the necessary additional fees must be paid 
44.22 	before the commissioner approves the application. The commissioner shall charge the 
44.23 	following fees for each radon license:
44.24 	(1) Each measurement professional license, $300 $150 per year. "Measurement 
44.25 	professional" means any person who performs a test to determine the presence and 
44.26 	concentration of radon in a building they do the person does not own or lease; provides 
44.27 	professional or expert advice on radon testing, radon exposure, or health risks related to 
44.28 	radon exposure; or makes representations of doing any of these activities.
44.29 	(2) Each mitigation professional license, $500 $250 per year. "Mitigation 
44.30 	professional" means an individual who performs installs or designs a radon mitigation 
44.31 	system in a building they do the individual does not own or lease; provides professional or 
44.32 	expert advice on radon mitigation or radon entry routes; or provides on-site supervision 
44.33 	of radon mitigation and mitigation technicians; or makes representations of doing any of 
45.1 	these activities. "On-site supervision" means a review at the property of mitigation work 
45.2 	upon completion of the work and attachment of a system tag. Employees or subcontractors 
45.3 	who are supervised by a licensed mitigation professional are not required to be licensed 
45.4 	under this clause. This license also permits the licensee to perform the activities of a 
45.5 	measurement professional described in clause (1).
45.6 	(3) Each mitigation company license, $500 $100 per year. "Mitigation company" 
45.7 	means any business or government entity that performs or authorizes employees to 
45.8 	perform radon mitigation. This fee is waived if the mitigation company is a sole 
45.9 	proprietorship employs only one licensed mitigation professional.
45.10 	(4) Each radon analysis laboratory license, $500 per year. "Radon analysis 
45.11 	laboratory" means a business entity or government entity that analyzes passive radon 
45.12 	detection devices to determine the presence and concentration of radon in the devices. 
45.13 	This fee is waived if the laboratory is a government entity and is only distributing test kits 
45.14 	for the general public to use in Minnesota.
45.15 	(5) Each Minnesota Department of Health radon mitigation system tag, $75 per tag. 
45.16 	"Minnesota Department of Health radon mitigation system tag" or "system tag" means a 
45.17 	unique identifiable radon system label provided by the commissioner of health.
45.18 	(b) Fees collected under this section shall be deposited in the state treasury and 
45.19 	credited to the state government special revenue fund.

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

45.21 	Sec. 11. Minnesota Statutes 2015 Supplement, section 144.4961, is amended by adding 
45.22 	a subdivision to read:
45.23 		Subd. 10.Local inspections or permits. This section does not preclude local units 
45.24 	of government from requiring additional permits or inspections for radon control systems, 
45.25 	and does not supersede any local inspection or permit requirements.

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

45.27 	Sec. 12. [144.7011] PRESCRIPTION DRUG PRICE REPORTING.
45.28 		Subdivision 1.Definitions. (a) For purposes of this section, the following definitions 
45.29 	apply.
45.30 	(b) "Available discount" means any reduction in the usual and customary price 
45.31 	offered for a 30-day supply of a prescription drug to individuals in Minnesota regardless 
45.32 	of their health insurance coverage.
46.1 	(c) "Retail pharmacy" means any pharmacy licensed under section 151.19, and in 
46.2 	the community/outpatient category under Minnesota Rules, part 6800.0350, that has a 
46.3 	physical presence in Minnesota.
46.4 	(d) "Retail price" means the price maintained by pharmacies as the usual and 
46.5 	customary price offered for a 30-day supply to individuals in Minnesota regardless of 
46.6 	the individual's health insurance coverage.
46.7 		Subd. 2.Prescription drug price information reporting. By July 1, 2017, the 
46.8 	commissioner of health shall establish an interactive Web site that allows retail pharmacies, 
46.9 	on a voluntary basis, to list retail prices and available discounts for one or more of the 150 
46.10 	most commonly dispensed prescription drugs in Minnesota. The Web site must report the 
46.11 	retail prices for prescription drugs by participating pharmacy and any time period restriction 
46.12 	on an available discount. The Web site must allow consumers to search for prescription 
46.13 	drug retail prices by drug name and class, by available discount level, and by city, county, 
46.14 	and zip code. The commissioner shall consult annually with the commissioner of human 
46.15 	services to determine the list of the 150 most commonly filled prescription drugs, based on 
46.16 	prescription drug utilization in the medical assistance and MinnesotaCare programs.
46.17 		Subd. 3.Pharmacy duties. Beginning on June 1, 2017, and on a monthly basis 
46.18 	thereafter, all participating retail pharmacies shall submit retail prices and available 
46.19 	discounts to the commissioner using a form developed by the commissioner. A 
46.20 	retail pharmacy may opt out of the reporting system at any time, but shall notify the 
46.21 	commissioner at least 60 days prior to opting out.
46.22 		Subd. 4.External vendors. In carrying out the duties of this section, the 
46.23 	commissioner may contract with an outside vendor for collection of data from pharmacies, 
46.24 	and may also contract with an outside vendor for development and hosting of the 
46.25 	interactive application, if this contract complies with the requirements of section 16E.016, 
46.26 	paragraph (c).
46.27 		Subd. 5.Grounds for disciplinary action. If the commissioner determines 
46.28 	that a pharmacy has reported false or inaccurate information under this section, the 
46.29 	commissioner may report this action to the Minnesota Board of Pharmacy as potential 
46.30 	grounds for disciplinary action under section 151.071, subdivision 2, clause (9).

46.31 	Sec. 13. Minnesota Statutes 2014, section 144A.471, subdivision 9, is amended to read:
46.32 		Subd. 9.Exclusions from home care licensure. The following are excluded from 
46.33 	home care licensure and are not required to provide the home care bill of rights:
46.34 	(1) an individual or business entity providing only coordination of home care that 
46.35 	includes one or more of the following:
47.1 	(i) determination of whether a client needs home care services, or assisting a client 
47.2 	in determining what services are needed;
47.3 	(ii) referral of clients to a home care provider;
47.4 	(iii) administration of payments for home care services; or
47.5 	(iv) administration of a health care home established under section 256B.0751;
47.6 	(2) an individual who is not an employee of a licensed home care provider if the 
47.7 	individual:
47.8 	(i) only provides services as an independent contractor to one or more licensed 
47.9 	home care providers;
47.10 	(ii) provides no services under direct agreements or contracts with clients; and
47.11 	(iii) is contractually bound to perform services in compliance with the contracting 
47.12 	home care provider's policies and service plans;
47.13 	(3) a business that provides staff to home care providers, such as a temporary 
47.14 	employment agency, if the business:
47.15 	(i) only provides staff under contract to licensed or exempt providers;
47.16 	(ii) provides no services under direct agreements with clients; and
47.17 	(iii) is contractually bound to perform services under the contracting home care 
47.18 	provider's direction and supervision;
47.19 	(4) any home care services conducted by and for the adherents of any recognized 
47.20 	church or religious denomination for its members through spiritual means, or by prayer 
47.21 	for healing;
47.22 	(5) an individual who only provides home care services to a relative;
47.23 	(6) an individual not connected with a home care provider that provides assistance 
47.24 	with basic home care needs if the assistance is provided primarily as a contribution and 
47.25 	not as a business;
47.26 	(7) an individual not connected with a home care provider that shares housing with 
47.27 	and provides primarily housekeeping or homemaking services to an elderly or disabled 
47.28 	person in return for free or reduced-cost housing;
47.29 	(8) an individual or provider providing home-delivered meal services;
47.30 	(9) an individual providing senior companion services and other older American 
47.31 	volunteer programs (OAVP) established under the Domestic Volunteer Service Act of 
47.32 	1973, United States Code, title 42, chapter 66;
47.33 	(10) an employee of a nursing home or home care provider licensed under this 
47.34 	chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56
47.35 	who responds to occasional emergency calls from individuals residing in a residential 
48.1 	setting that is attached to or located on property contiguous to the nursing home or,
48.2 	boarding care home, or location where home care services are also provided;
48.3 	(11) an employee of a nursing home or home care provider licensed under this 
48.4 	chapter or an employee of a boarding care home licensed under sections 144.50 to 
48.5 	144.56 who provides occasional minor services free of charge to individuals residing in 
48.6 	a residential setting that is attached to or located on property contiguous to the nursing 
48.7 	home, boarding care home, or location where home care services are also provided, for the 
48.8 	occasional minor services provided free of charge;
48.9 	(11) (12) a member of a professional corporation organized under chapter 319B that 
48.10 	does not regularly offer or provide home care services as defined in section 144A.43, 
48.11 	subdivision 3;
48.12 	(12) (13) the following organizations established to provide medical or surgical 
48.13 	services that do not regularly offer or provide home care services as defined in section 
48.14 	144A.43, subdivision 3: a business trust organized under sections 318.01 to 318.04, 
48.15 	a nonprofit corporation organized under chapter 317A, a partnership organized under 
48.16 	chapter 323, or any other entity determined by the commissioner;
48.17 	(13) (14) an individual or agency that provides medical supplies or durable medical 
48.18 	equipment, except when the provision of supplies or equipment is accompanied by a 
48.19 	home care service;
48.20 	(14) (15) a physician licensed under chapter 147;
48.21 	(15) (16) an individual who provides home care services to a person with a 
48.22 	developmental disability who lives in a place of residence with a family, foster family, or 
48.23 	primary caregiver;
48.24 	(16) (17) a business that only provides services that are primarily instructional and 
48.25 	not medical services or health-related support services;
48.26 	(17) (18) an individual who performs basic home care services for no more than 
48.27 	14 hours each calendar week to no more than one client;
48.28 	(18) (19) an individual or business licensed as hospice as defined in sections 144A.75
48.29 	to 144A.755 who is not providing home care services independent of hospice service;
48.30 	(19) (20) activities conducted by the commissioner of health or a community health 
48.31 	board as defined in section 145A.02, subdivision 5, including communicable disease 
48.32 	investigations or testing; or
48.33 	(20) (21) administering or monitoring a prescribed therapy necessary to control or 
48.34 	prevent a communicable disease, or the monitoring of an individual's compliance with a 
48.35 	health directive as defined in section 144.4172, subdivision 6.

49.1 	Sec. 14. Minnesota Statutes 2014, section 144A.75, subdivision 5, is amended to read:
49.2 		Subd. 5.Hospice provider. "Hospice provider" means an individual, organization, 
49.3 	association, corporation, unit of government, or other entity that is regularly engaged 
49.4 	in the delivery, directly or by contractual arrangement, of hospice services for a fee to 
49.5 	terminally ill hospice patients. A hospice must provide all core services.

49.6 	Sec. 15. Minnesota Statutes 2014, section 144A.75, subdivision 6, is amended to read:
49.7 		Subd. 6.Hospice patient. "Hospice patient" means an individual who has been 
49.8 	diagnosed as terminally ill, with a probable life expectancy of under one year, aswhose 
49.9 	illness has been documented by the individual's attending physician and hospice medical 
49.10 	director, who alone or, when unable, through the individual's family has voluntarily 
49.11 	consented to and received admission to a hospice provider, and who:
49.12 	(1) has been diagnosed as terminally ill, with a probable life expectancy of under 
49.13 	one year; or
49.14 	(2) is 21 years of age or younger; has been diagnosed with a chronic, complex, and 
49.15 	life-threatening illness contributing to a shortened life expectancy; and is not expected 
49.16 	to survive to adulthood.

49.17 	Sec. 16. Minnesota Statutes 2014, section 144A.75, subdivision 8, is amended to read:
49.18 		Subd. 8.Hospice services; hospice care. "Hospice services" or "hospice care" 
49.19 	means palliative and supportive care and other services provided by an interdisciplinary 
49.20 	team under the direction of an identifiable hospice administration to terminally ill hospice 
49.21 	patients and their families to meet the physical, nutritional, emotional, social, spiritual, 
49.22 	and special needs experienced during the final stages of illness, dying, and bereavement, 
49.23 	or during a chronic, complex, and life-threatening illness contributing to a shortened life 
49.24 	expectancy. These services are provided through a centrally coordinated program that 
49.25 	ensures continuity and consistency of home and inpatient care that is provided directly 
49.26 	or through an agreement.

49.27 	Sec. 17. Minnesota Statutes 2015 Supplement, section 144A.75, subdivision 13, 
49.28 	is amended to read:
49.29 		Subd. 13.Residential hospice facility. (a) "Residential hospice facility" means a 
49.30 	facility that resembles a single-family home modified to address life safety, accessibility, 
49.31 	and care needs, located in a residential area that directly provides 24-hour residential 
49.32 	and support services in a home-like setting for hospice patients as an integral part of the 
49.33 	continuum of home care provided by a hospice and that houses:
50.1 	(1) no more than eight hospice patients; or
50.2 	(2) at least nine and no more than 12 hospice patients with the approval of the local 
50.3 	governing authority, notwithstanding section 462.357, subdivision 8.
50.4 	(b) Residential hospice facility also means a facility that directly provides 24-hour 
50.5 	residential and support services for hospice patients and that:
50.6 	(1) houses no more than 21 hospice patients;
50.7 	(2) meets hospice certification regulations adopted pursuant to title XVIII of the 
50.8 	federal Social Security Act, United States Code, title 42, section 1395, et seq.; and
50.9 	(3) is located on St. Anthony Avenue in St. Paul, Minnesota, and was licensed as a 
50.10 	40-bed non-Medicare certified nursing home as of January 1, 2015.

50.11 	Sec. 18. Minnesota Statutes 2014, section 144A.75, is amended by adding a 
50.12 	subdivision to read:
50.13 		Subd. 13a.Respite care. "Respite care" means short-term care in an inpatient 
50.14 	facility, such as a residential hospice facility, when necessary to relieve the hospice 
50.15 	patient's family or other persons caring for the patient. Respite care may be provided on 
50.16 	an occasional basis.

50.17 	Sec. 19. Minnesota Statutes 2015 Supplement, section 145.4131, subdivision 1, 
50.18 	is amended to read:
50.19 		Subdivision 1.Forms. (a) Within 90 days of July 1, 1998, the commissioner shall 
50.20 	prepare a reporting form for use by physicians or facilities performing abortions. A copy 
50.21 	of this section shall be attached to the form. A physician or facility performing an abortion 
50.22 	shall obtain a form from the commissioner.
50.23 	(b) The form shall require the following information:
50.24 	(1) the number of abortions performed by the physician in the previous calendar 
50.25 	year, reported by month;
50.26 	(2) the method used for each abortion;
50.27 	(3) the approximate gestational age expressed in one of the following increments:
50.28 	(i) less than nine weeks;
50.29 	(ii) nine to ten weeks;
50.30 	(iii) 11 to 12 weeks;
50.31 	(iv) 13 to 15 weeks;
50.32 	(v) 16 to 20 weeks;
50.33 	(vi) 21 to 24 weeks;
50.34 	(vii) 25 to 30 weeks;
51.1 	(viii) 31 to 36 weeks; or
51.2 	(ix) 37 weeks to term;
51.3 	(4) the age of the woman at the time the abortion was performed;
51.4 	(5) the specific reason for the abortion, including, but not limited to, the following:
51.5 	(i) the pregnancy was a result of rape;
51.6 	(ii) the pregnancy was a result of incest;
51.7 	(iii) economic reasons;
51.8 	(iv) the woman does not want children at this time;
51.9 	(v) the woman's emotional health is at stake;
51.10 	(vi) the woman's physical health is at stake;
51.11 	(vii) the woman will suffer substantial and irreversible impairment of a major bodily 
51.12 	function if the pregnancy continues;
51.13 	(viii) the pregnancy resulted in fetal anomalies; or
51.14 	(ix) unknown or the woman refused to answer;
51.15 	(6) the number of prior induced abortions;
51.16 	(7) the number of prior spontaneous abortions;
51.17 	(8) whether the abortion was paid for by:
51.18 	(i) private coverage;
51.19 	(ii) public assistance health coverage; or
51.20 	(iii) self-pay;
51.21 	(9) whether coverage was under:
51.22 	(i) a fee-for-service plan;
51.23 	(ii) a capitated private plan; or
51.24 	(iii) other;
51.25 	(10) complications, if any, for each abortion and for the aftermath of each abortion. 
51.26 	Space for a description of any complications shall be available on the form;
51.27 	(11) the medical specialty of the physician performing the abortion; and
51.28 	(12) if the abortion was performed via telemedicine, the facility code for the patient 
51.29 	and the facility code for the physician; and
51.30 	(12) (13) whether the abortion resulted in a born alive infant, as defined in section 
51.31 	145.423, subdivision 4, and:
51.32 	(i) any medical actions taken to preserve the life of the born alive infant;
51.33 	(ii) whether the born alive infant survived; and
51.34 	(iii) the status of the born alive infant, should the infant survive, if known.

51.35 	EFFECTIVE DATE. This section is effective January 1, 2017.

52.1 	Sec. 20. Minnesota Statutes 2014, section 145.4716, subdivision 2, is amended to read:
52.2 		Subd. 2.Duties of director. The director of child sex trafficking prevention is 
52.3 	responsible for the following:
52.4 	(1) developing and providing comprehensive training on sexual exploitation of 
52.5 	youth for social service professionals, medical professionals, public health workers, and 
52.6 	criminal justice professionals;
52.7 	(2) collecting, organizing, maintaining, and disseminating information on sexual 
52.8 	exploitation and services across the state, including maintaining a list of resources on the 
52.9 	Department of Health Web site;
52.10 	(3) monitoring and applying for federal funding for antitrafficking efforts that may 
52.11 	benefit victims in the state;
52.12 	(4) managing grant programs established under sections 145.4716 to 145.4718
52.13 	and 609.3241, paragraph (c), clause (3);
52.14 	(5) managing the request for proposals for grants for comprehensive services, 
52.15 	including trauma-informed, culturally specific services;
52.16 	(6) identifying best practices in serving sexually exploited youth, as defined in 
52.17 	section 260C.007, subdivision 31;
52.18 	(7) providing oversight of and technical support to regional navigators pursuant to 
52.19 	section 145.4717;
52.20 	(8) conducting a comprehensive evaluation of the statewide program for safe harbor 
52.21 	of sexually exploited youth; and
52.22 	(9) developing a policy consistent with the requirements of chapter 13 for sharing 
52.23 	data related to sexually exploited youth, as defined in section 260C.007, subdivision 31, 
52.24 	among regional navigators and community-based advocates.

52.25 	Sec. 21. Minnesota Statutes 2014, section 145.4716, is amended by adding a 
52.26 	subdivision to read:
52.27 		Subd. 3.Youth eligible for services. Youth 24 years of age or younger shall be 
52.28 	eligible for all services, support, and programs provided under this section and section 
52.29 	145.4717, and all shelter, housing beds, and services provided by the commissioner of 
52.30 	human services to sexually exploited youth and youth at risk of sexual exploitation.

52.31 	Sec. 22. [145.908] GRANT PROGRAM; SCREENING AND TREATMENT FOR 
52.32 	PRE- AND POSTPARTUM MOOD AND ANXIETY DISORDERS.
52.33 		Subdivision 1.Grant program established. Within the limits of federal funds 
52.34 	available specifically for this purpose, the commissioner of health shall establish a grant 
53.1 	program to provide culturally competent programs to screen and treat pregnant women 
53.2 	and women who have given birth in the preceding 12 months for pre- and postpartum 
53.3 	mood and anxiety disorders. Organizations may use grant funds to establish new screening 
53.4 	or treatment programs, or expand or maintain existing screening or treatment programs. In 
53.5 	establishing the grant program, the commissioner shall prioritize expanding or enhancing 
53.6 	screening for pre- and postpartum mood and anxiety disorders in primary care settings. 
53.7 	The commissioner shall determine the types of organizations eligible for grants.
53.8 		Subd. 2.Allowable uses of funds. Grant funds awarded by the commissioner 
53.9 	under this section:
53.10 	(1) must be used to provide health care providers with appropriate training 
53.11 	and relevant resources on screening, treatment, follow-up support, and links to 
53.12 	community-based resources for pre- and postpartum mood and anxiety disorders; and
53.13 	(2) may be used to:
53.14 	(i) enable health care providers to provide or receive psychiatric consultations to 
53.15 	treat eligible women for pre- and postpartum mood and anxiety disorders;
53.16 	(ii) conduct a public awareness campaign;
53.17 	(iii) fund startup costs for telephone lines, Web sites, and other resources to collect 
53.18 	and disseminate information about screening and treatment for pre- and postpartum mood 
53.19 	and anxiety disorders; or
53.20 	(iv) establish connections between community-based resources.
53.21 		Subd. 3.Federal funds. The commissioner shall apply for any available grant funds 
53.22 	from the federal Department of Health and Human Services for this program.

53.23 	Sec. 23. Minnesota Statutes 2014, section 149A.50, subdivision 2, is amended to read:
53.24 		Subd. 2.Requirements for funeral establishment. A funeral establishment 
53.25 	licensed under this section must:
53.26 	(1) contain a comply with preparation and embalming room requirements as 
53.27 	described in section 149A.92;
53.28 	(2) contain office space for making arrangements; and
53.29 	(3) comply with applicable local and state building codes, zoning laws, and 
53.30 	ordinances.

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

53.32 	Sec. 24. Minnesota Statutes 2015 Supplement, section 149A.92, subdivision 1, is 
53.33 	amended to read:
54.1 		Subdivision 1.Establishment update. (a) Notwithstanding subdivision 11, a 
54.2 	funeral establishment with other establishment locations that uses one preparation and 
54.3 	embalming room for all establishment locations has until July 1, 2017, to bring the other 
54.4 	establishment locations that are not used for preparation or embalming into compliance 
54.5 	with this section so long as the preparation and embalming room that is used complies 
54.6 	with the minimum standards in this section.
54.7 	(b) At the time that ownership of a funeral establishment changes, the physical 
54.8 	location of the establishment changes, or the building housing the funeral establishment or 
54.9 	business space of the establishment is remodeled the existing preparation and embalming 
54.10 	room must be brought into compliance with the minimum standards in this section and in 
54.11 	accordance with subdivision 11.
54.12 	(a) Any room used by a funeral establishment for preparation and embalming must 
54.13 	comply with the minimum standards of this section. A funeral establishment where no 
54.14 	preparation and embalming is performed, but which conducts viewings, visitations, and 
54.15 	services, or which holds human remains while awaiting final disposition, need not comply 
54.16 	with the minimum standards of this section.
54.17 	(b) Each funeral establishment must have a preparation and embalming room that 
54.18 	complies with the minimum standards of this section, except that a funeral establishment 
54.19 	that operates branch locations need only have one compliant preparation and embalming 
54.20 	room for all locations.

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

54.22 	Sec. 25. Minnesota Statutes 2014, section 157.15, subdivision 14, is amended to read:
54.23 		Subd. 14.Special event food stand. "Special event food stand" means a food and 
54.24 	beverage service establishment which is used in conjunction with celebrations and special 
54.25 	events, and which operates no more than three times annually for no more than ten total 
54.26 	days within the applicable license period.

54.27 	Sec. 26. Minnesota Statutes 2014, section 327.14, subdivision 9, is amended to read:
54.28 		Subd. 9.Special event recreational camping area. "Special event recreational 
54.29 	camping area" means a recreational camping area which operates no more than two times 
54.30 	annually and for no more than 14 consecutive days. Special event camping does not 
54.31 	include any club, group, organization, or association that in the course of its operations 
54.32 	sponsors an event that includes camping where that camping event portrays or deals with 
54.33 	historical reenactments or the history and culture of Minnesota or the United States of 
54.34 	America, or is of educational value.

55.1 	Sec. 27. Minnesota Statutes 2014, section 609.3241, is amended to read:
55.2 	609.3241 PENALTY ASSESSMENT AUTHORIZED.
55.3 	(a) When a court sentences an adult convicted of violating section 609.322 or 
55.4 	609.324, while acting other than as a prostitute, the court shall impose an assessment of 
55.5 	not less than $500 and not more than $750 for a violation of section 609.324, subdivision 
55.6 	2, or a misdemeanor violation of section 609.324, subdivision 3; otherwise the court shall 
55.7 	impose an assessment of not less than $750 and not more than $1,000. The assessment 
55.8 	shall be distributed as provided in paragraph (c) and is in addition to the surcharge 
55.9 	required by section 357.021, subdivision 6.
55.10 	(b) The court may not waive payment of the minimum assessment required by 
55.11 	this section. If the defendant qualifies for the services of a public defender or the court 
55.12 	finds on the record that the convicted person is indigent or that immediate payment of 
55.13 	the assessment would create undue hardship for the convicted person or that person's 
55.14 	immediate family, the court may reduce the amount of the minimum assessment to not 
55.15 	less than $100. The court also may authorize payment of the assessment in installments.
55.16 	(c) The assessment collected under paragraph (a) must be distributed as follows:
55.17 	(1) 40 percent of the assessment shall be forwarded to the political subdivision that 
55.18 	employs the arresting officer for use in enforcement, training, and education activities 
55.19 	related to combating sexual exploitation of youth, or if the arresting officer is an employee 
55.20 	of the state, this portion shall be forwarded to the commissioner of public safety for those 
55.21 	purposes identified in clause (3);
55.22 	(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that 
55.23 	handled the case for use in training and education activities relating to combating sexual 
55.24 	exploitation activities of youth; and
55.25 	(3) 40 percent of the assessment must be forwarded to the commissioner of public 
55.26 	safety health to be deposited in the safe harbor for youth account in the special revenue 
55.27 	fund and are appropriated to the commissioner for distribution to crime victims services 
55.28 	organizations that provide services to sexually exploited youth, as defined in section 
55.29 	260C.007, subdivision 31.
55.30 	(d) A safe harbor for youth account is established as a special account in the state 
55.31 	treasury.

55.32 	Sec. 28. Laws 2015, chapter 71, article 8, section 24, the effective date, is amended to 
55.33 	read:

56.1 	EFFECTIVE DATE. This section is effective July 1, 2015, except subdivisions 4 
56.2 	and 5, which are effective October 1, 2017 January 1, 2018.

56.3 	Sec. 29. EXPANDING ELIGIBILITY FOR DESIGNATION AS A CRITICAL 
56.4 	ACCESS HOSPITAL.
 56.5 	(a) The commissioner of health is encouraged to contact Minnesota's federal elected 
56.6 	officials and pursue all necessary changes to the Medicare rural hospital flexibility 
56.7 	program established in United States Code, title 42, section 1395i-4 to expand the number 
56.8 	of rural hospitals that are eligible for designation as a critical access hospital. In the 
56.9 	request for program changes, the commissioner shall seek authority to designate any 
56.10 	hospital that applies for designation as a critical access hospital if the hospital:
56.11 	(1) is located in a Minnesota county that is a rural area as defined in United States 
56.12 	Code, title 42, section 1395ww(d)(2)(D). A hospital is not required to be located 35 miles 
56.13 	from another hospital, or 15 miles from another hospital if located in mountainous terrain 
56.14 	or in an area with only secondary roads; and
56.15 	(2) is licensed under sections 144.50 to 144.56 and is certified to participate in the 
56.16 	Medicare program.
56.17 	(b) The commissioner shall determine other eligibility criteria for which program 
56.18 	changes should be requested, in order to expand eligibility for designation as a critical 
56.19 	access hospital to the greatest number of rural hospitals in the state. The commissioner 
56.20 	shall report to the chairs and ranking minority members of the legislative committees 
56.21 	with jurisdiction over health care finance and policy by January 1, 2017, on the status of 
56.22 	the request for program changes.

56.23 	Sec. 30.  REPEALER.
 56.24 	Minnesota Statutes 2014, section 149A.92, subdivision 11, is repealed the day 
56.25 	following final enactment.

56.26 	ARTICLE 5
56.27 	CHEMICAL AND MENTAL HEALTH

56.28 	Section 1. Minnesota Statutes 2015 Supplement, section 245.735, subdivision 3, 
56.29 	is amended to read:
56.30 		Subd. 3.Reform projects Certified community behavioral health clinics. (a) The 
56.31 	commissioner shall establish standards for a state certification of clinics as process for 
56.32 	certified community behavioral health clinics, in accordance (CCBHCs) to be eligible for 
56.33 	the prospective payment system in paragraph (f). Entities that choose to be CCBHCs must:
57.1 	(1) comply with the CCBHC criteria published on or before September 1, 2015, by 
57.2 	the United States Department of Health and Human Services. Certification standards 
57.3 	established by the commissioner shall require that:;
57.4 	(1) (2) employ or contract for clinic staff who have backgrounds in diverse 
57.5 	disciplines, include including licensed mental health professionals, and staff who are 
57.6 	culturally and linguistically trained to serve the needs of the clinic's patient population;
57.7 	(2) (3) ensure that clinic services are available and accessible to patients of all ages 
57.8 	and genders and that crisis management services are available 24 hours per day;
57.9 	(3) (4) establish fees for clinic services are established for non-medical assistance 
57.10 	patients using a sliding fee scale and that ensures that services to patients are not denied 
57.11 	or limited due to a patient's inability to pay for services;
57.12 	(4) clinics provide coordination of care across settings and providers to ensure  
57.13 	seamless transitions for patients across the full spectrum of health services, including 
57.14 	acute, chronic, and behavioral needs. Care coordination may be accomplished through 
57.15 	partnerships or formal contracts with federally qualified health centers, inpatient 
57.16 	psychiatric facilities, substance use and detoxification facilities, community-based mental 
57.17 	health providers, and other community services, supports, and providers including 
57.18 	schools, child welfare agencies, juvenile and criminal justice agencies, Indian Health 
57.19 	Services clinics, tribally licensed health care and mental health facilities, urban Indian 
57.20 	health clinics, Department of Veterans Affairs medical centers, outpatient clinics, drop-in 
57.21 	centers, acute care hospitals, and hospital outpatient clinics;
57.22 	(5) comply with quality assurance reporting requirements and other reporting 
57.23 	requirements, including any required reporting of encounter data, clinical outcomes data, 
57.24 	and quality data;
57.25 	(5) services provided by clinics include (6) provide crisis mental health services, 
57.26 	withdrawal management services, emergency crisis intervention services, and stabilization 
57.27 	services; screening, assessment, and diagnosis services, including risk assessments and 
57.28 	level of care determinations; patient-centered treatment planning; outpatient mental 
57.29 	health and substance use services; targeted case management; psychiatric rehabilitation 
57.30 	services; peer support and counselor services and family support services; and intensive 
57.31 	community-based mental health services, including mental health services for members of 
57.32 	the armed forces and veterans; and
57.33 	(6) clinics comply with quality assurance reporting requirements and other reporting 
57.34 	requirements, including any required reporting of encounter data, clinical outcomes data, 
57.35 	and quality data.
58.1 	(7) provide coordination of care across settings and providers to ensure seamless 
58.2 	transitions for patients across the full spectrum of health services, including acute, chronic, 
58.3 	and behavioral needs. Care coordination may be accomplished through partnerships 
58.4 	or formal contracts with:
58.5 	(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally 
58.6 	qualified health centers, inpatient psychiatric facilities, substance use and detoxification 
58.7 	facilities, and community-based mental health providers; and
58.8 	(ii) other community services, supports, and providers including schools, child 
58.9 	welfare agencies, juvenile and criminal justice agencies, Indian Health Services clinics, 
58.10 	tribally licensed health care and mental health facilities, urban Indian health clinics, 
58.11 	Department of Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute 
58.12 	care hospitals, and hospital outpatient clinics;
58.13 	(8) be certified as mental health clinics under section 245.69, subdivision 2;
58.14 	(9) comply with standards relating to integrated treatment for co-occurring mental 
58.15 	illness and substance use disorders in adults or children under Minnesota Rules, chapter 
58.16 	9533;
58.17 	(10) comply with standards relating to mental health services in Minnesota Rules, 
58.18 	parts 9505.0370 to 9505.0372;
58.19 	(11) be licensed to provide chemical dependency treatment under Minnesota Rules, 
58.20 	parts 9530.6405 to 9530.6505;
58.21 	(12) be certified to provide children's therapeutic services and supports under 
58.22 	section 256B.0943;
58.23 	(13) be certified to provide adult rehabilitative mental health services under section 
58.24 	256B.0623;
58.25 	(14) be enrolled to provide mental health crisis response services under section 
58.26 	256B.0624;
58.27 	(15) be enrolled to provide mental health targeted case management under section 
58.28 	256B.0625, subdivision 20;
58.29 	(16) comply with standards relating to mental health case management in Minnesota 
58.30 	Rules, parts 9520.0900 to 9520.0926; and
58.31 	(17) provide services that comply with the evidence-based practices described in 
58.32 	paragraph (e).
58.33 	(b) If an entity is unable to provide one or more of the services listed in paragraph 
58.34 	(a), clauses (6) to (17), the commissioner may certify the entity as a CCBHC, if the entity 
58.35 	has a current contract with another entity that has the required authority to provide that 
58.36 	service and that meets federal CCBHC criteria as a designated collaborating organization, 
59.1 	or, to the extent allowed by the federal CCBHC criteria, the commissioner may approve a 
59.2 	referral arrangement. The CCBHC must meet federal requirements regarding the type and 
59.3 	scope of services to be provided directly by the CCBHC.
59.4 	(c) Notwithstanding other law that requires a county contract or other form of county 
59.5 	approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise 
59.6 	meets CCBHC requirements may receive the prospective payment under paragraph (f) 
59.7 	for those services without a county contract or county approval. There is no county 
59.8 	share when medical assistance pays the CCBHC prospective payment. As part of the 
59.9 	certification process in paragraph (a), the commissioner shall require a letter of support 
59.10 	from the CCBHC's host county confirming that the CCBHC and the counties it serves 
59.11 	have an ongoing relationship to facilitate access and continuity of care, especially for 
59.12 	individuals who are uninsured or who may go on and off medical assistance.
59.13 	(d) In situations where the standards in paragraph (a) or other applicable standards 
59.14 	conflict or address similar issues in duplicative or incompatible ways, the commissioner 
59.15 	may grant variances to state requirements as long as the variances do not conflict with 
59.16 	federal requirements. In situations where standards overlap, the commissioner may decide 
59.17 	to substitute all or a part of a licensure or certification that is substantially the same as 
59.18 	another licensure or certification. The commissioner shall consult with stakeholders, as 
59.19 	described in subdivision 4, before granting variances under this provision.
59.20 	(e) The commissioner shall issue a list of required and recommended evidence-based 
59.21 	practices to be delivered by CCBHCs. The commissioner may update the list to reflect 
59.22 	advances in outcomes research and medical services for persons living with mental 
59.23 	illnesses or substance use disorders. The commissioner shall take into consideration the 
59.24 	adequacy of evidence to support the efficacy of the practice, the quality of workforce 
59.25 	available, and the current availability of the practice in the state. At least 30 days before 
59.26 	issuing the initial list and any revisions, the commissioner shall provide stakeholders 
59.27 	with an opportunity to comment.
59.28 	(b) (f) The commissioner shall establish standards and methodologies for a 
59.29 	prospective payment system for medical assistance payments for mental health services 
59.30 	delivered by certified community behavioral health clinics, in accordance with guidance 
59.31 	issued on or before September 1, 2015, by the Centers for Medicare and Medicaid 
59.32 	Services. During the operation of the demonstration project, payments shall comply with 
59.33 	federal requirements for a 90 percent an enhanced federal medical assistance percentage. 
59.34 	The commissioner may include quality bonus payments in the prospective payment 
59.35 	system based on federal criteria and on a clinic's provision of the evidence-based practices 
59.36 	in paragraph (e). The prospective payments system does not apply to MinnesotaCare. 
60.1 	Implementation of the prospective payment system is effective July 1, 2017, or upon 
60.2 	federal approval, whichever is later.
60.3 	(g) The commissioner shall seek federal approval to continue federal financial 
60.4 	participation in payment for CCBHC services after the federal demonstration period 
60.5 	ends for clinics that were certified as CCBHCs during the demonstration period and 
60.6 	that continue to meet the CCBHC certification standards in paragraph (a). Payment 
60.7 	for CCBHC services shall cease effective July 1, 2019, if continued federal financial 
60.8 	participation for the payment of CCBHC services cannot be obtained.
60.9 	(h) To the extent allowed by federal law, the commissioner may limit the number of 
60.10 	certified clinics so that the projected claims for certified clinics will not exceed the funds 
60.11 	budgeted for this purpose. The commissioner shall give preference to clinics that:
60.12 	(1) are located in both rural and urban areas, with at least one in each, as defined 
60.13 	by federal criteria;
60.14 	(2) provide a comprehensive range of services and evidence-based practices for all 
60.15 	age groups, with services being fully coordinated and integrated; and
60.16 	(3) enhance the state's ability to meet the federal priorities to be selected as a 
60.17 	CCBHC demonstration state.
60.18 	(i) The commissioner shall recertify CCBHCs at least every three years. The 
60.19 	commissioner shall establish a process for decertification and shall require corrective 
60.20 	action, medical assistance repayment, or decertification of a CCBHC that no longer 
60.21 	meets the requirements in this section or that fails to meet the standards provided by the 
60.22 	commissioner in the application and certification process.

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

60.24 	Sec. 2. Minnesota Statutes 2015 Supplement, section 245.735, subdivision 4, is 
60.25 	amended to read:
60.26 		Subd. 4.Public participation. In developing the projects and implementing 
60.27 	certified community behavioral health clinics under subdivision 3, the commissioner shall 
60.28 	consult, collaborate, and partner with stakeholders, including but not limited to mental 
60.29 	health providers, substance use disorder treatment providers, advocacy organizations, 
60.30 	licensed mental health professionals, counties, tribes, hospitals, other health care 
60.31 	providers, and Minnesota public health care program enrollees who receive mental health 
60.32 	services and their families.

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

61.1 	Sec. 3. Minnesota Statutes 2014, section 245.99, subdivision 2, is amended to read:
61.2 		Subd. 2.Rental assistance. The program shall pay up to 90 days of housing 
61.3 	assistance for persons with a serious and persistent mental illness who require inpatient or 
61.4 	residential care for stabilization. The commissioner of human services may extend the 
61.5 	length of assistance on a case-by-case basis.

61.6 	Sec. 4. Minnesota Statutes 2014, section 254B.03, subdivision 4, is amended to read:
61.7 		Subd. 4.Division of costs. Except for services provided by a county under 
61.8 	section 254B.09, subdivision 1, or services provided under section 256B.69 or 256D.03, 
61.9 	subdivision 4, paragraph (b), the county shall, out of local money, pay the state for 22.95 
61.10 	15 percent of the cost of chemical dependency services, including those services provided 
61.11 	to persons eligible for medical assistance under chapter 256B and general assistance 
61.12 	medical care under chapter 256D. Counties may use the indigent hospitalization levy for 
61.13 	treatment and hospital payments made under this section. 22.95 Fifteen percent of any 
61.14 	state collections from private or third-party pay, less 15 percent for the cost of payment 
61.15 	and collections, must be distributed to the county that paid for a portion of the treatment 
61.16 	under this section.

61.17 	EFFECTIVE DATE. This section is effective July 1, 2016, and expires June 30, 
61.18 	2017.

61.19 	Sec. 5. Minnesota Statutes 2014, section 254B.04, subdivision 2a, is amended to read:
61.20 		Subd. 2a.Eligibility for treatment in residential settings. Notwithstanding 
61.21 	provisions of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's 
61.22 	discretion in making placements to residential treatment settings, a person eligible for 
61.23 	services under this section must score at level 4 on assessment dimensions related to 
61.24 	relapse, continued use, or recovery environment in order to be assigned to services with a 
61.25 	room and board component reimbursed under this section. Whether a treatment facility 
61.26 	has been designated an institution for mental diseases under United States Code, title 42, 
61.27 	section 1396d, shall not be a factor in making placements.

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

61.29 	Sec. 6. Minnesota Statutes 2014, section 254B.06, subdivision 2, is amended to read:
61.30 		Subd. 2.Allocation of collections. The commissioner shall allocate all federal 
61.31 	financial participation collections to a special revenue account. The commissioner shall 
62.1 	allocate 77.05 85 percent of patient payments and third-party payments to the special 
62.2 	revenue account and 22.95 15 percent to the county financially responsible for the patient.

62.3 	EFFECTIVE DATE. This section is effective July 1, 2016, and expires June 30, 
62.4 	2017.

62.5 	Sec. 7. Minnesota Statutes 2014, section 254B.06, is amended by adding a subdivision 
62.6 	to read:
62.7 		Subd. 4.Reimbursement for institutions for mental diseases. The commissioner 
62.8 	shall not deny reimbursement to a program designated as an institution for mental diseases 
62.9 	under United States Code, title 42, section 1396d, due to a reduction in federal financial 
62.10 	participation and the addition of new residential beds.

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

62.12 	Sec. 8. [254B.15] PILOT PROJECTS; TREATMENT FOR PREGNANT AND 
62.13 	POSTPARTUM WOMEN WITH SUBSTANCE USE DISORDER.
62.14 		Subdivision 1.Pilot projects established. (a) Within the limits of federal funds 
62.15 	available specifically for this purpose, the commissioner of human services shall establish 
62.16 	pilot projects to provide substance use disorder treatment and services to pregnant and 
62.17 	postpartum women with a primary diagnosis of substance use disorder, including opioid 
62.18 	use disorder. Pilot projects funded under this section must:
62.19 	(1) promote flexible uses of funds to provide treatment and services to pregnant and 
62.20 	postpartum women with substance use disorders;
62.21 	(2) fund family-based treatment and services for pregnant and postpartum women 
62.22 	with substance use disorders;
62.23 	(3) identify gaps in services along the continuum of care that are provided to 
62.24 	pregnant and postpartum women with substance use disorders; and
62.25 	(4) encourage new approaches to service delivery and service delivery models.
62.26 	(b) A pilot project funded under this section must provide at least a portion of its 
62.27 	treatment and services to women who receive services on an outpatient basis.
62.28 		Subd. 2.Federal funds. The commissioner shall apply for any available grant funds 
62.29 	from the federal Center for Substance Abuse Treatment for these pilot projects.

62.30 	Sec. 9. Minnesota Statutes 2014, section 256B.0621, subdivision 10, is amended to read:
63.1 		Subd. 10.Payment rates. The commissioner shall set payment rates for targeted 
63.2 	case management under this subdivision. Case managers may bill according to the 
63.3 	following criteria:
63.4 	(1) for relocation targeted case management, case managers may bill for direct case 
63.5 	management activities, including face-to-face and, telephone contacts, and interactive 
63.6 	video contact in accordance with section 256B.0924, subdivision 4a, in the lesser of:
63.7 	(i) 180 days preceding an eligible recipient's discharge from an institution; or
63.8 	(ii) the limits and conditions which apply to federal Medicaid funding for this service;
63.9 	(2) for home care targeted case management, case managers may bill for direct case 
63.10 	management activities, including face-to-face and telephone contacts; and
63.11 	(3) billings for targeted case management services under this subdivision shall not 
63.12 	duplicate payments made under other program authorities for the same purpose.

63.13 	Sec. 10. Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 20, 
63.14 	is amended to read:
63.15 		Subd. 20.Mental health case management. (a) To the extent authorized by rule 
63.16 	of the state agency, medical assistance covers case management services to persons with 
63.17 	serious and persistent mental illness and children with severe emotional disturbance. 
63.18 	Services provided under this section must meet the relevant standards in sections 245.461 
63.19 	to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota 
63.20 	Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
63.21 	(b) Entities meeting program standards set out in rules governing family community 
63.22 	support services as defined in section 245.4871, subdivision 17, are eligible for medical 
63.23 	assistance reimbursement for case management services for children with severe 
63.24 	emotional disturbance when these services meet the program standards in Minnesota 
63.25 	Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
63.26 	(c) Medical assistance and MinnesotaCare payment for mental health case 
63.27 	management shall be made on a monthly basis. In order to receive payment for an eligible 
63.28 	child, the provider must document at least a face-to-face contact with the child, the child's 
63.29 	parents, or the child's legal representative. To receive payment for an eligible adult, the 
63.30 	provider must document:
63.31 	(1) at least a face-to-face contact with the adult or the adult's legal representative or a 
63.32 	contact by interactive video that meets the requirements of subdivision 20b; or
63.33 	(2) at least a telephone contact with the adult or the adult's legal representative 
63.34 	and document a face-to-face contact or a contact by interactive video that meets the 
64.1 	requirements of subdivision 20b with the adult or the adult's legal representative within 
64.2 	the preceding two months.
64.3 	(d) Payment for mental health case management provided by county or state staff 
64.4 	shall be based on the monthly rate methodology under section 256B.094, subdivision 6, 
64.5 	paragraph (b), with separate rates calculated for child welfare and mental health, and 
64.6 	within mental health, separate rates for children and adults.
64.7 	(e) Payment for mental health case management provided by Indian health services 
64.8 	or by agencies operated by Indian tribes may be made according to this section or other 
64.9 	relevant federally approved rate setting methodology.
64.10 	(f) Payment for mental health case management provided by vendors who contract 
64.11 	with a county or Indian tribe shall be based on a monthly rate negotiated by the host county 
64.12 	or tribe. The negotiated rate must not exceed the rate charged by the vendor for the same 
64.13 	service to other payers. If the service is provided by a team of contracted vendors, the 
64.14 	county or tribe may negotiate a team rate with a vendor who is a member of the team. The 
64.15 	team shall determine how to distribute the rate among its members. No reimbursement 
64.16 	received by contracted vendors shall be returned to the county or tribe, except to reimburse 
64.17 	the county or tribe for advance funding provided by the county or tribe to the vendor.
64.18 	(g) If the service is provided by a team which includes contracted vendors, tribal 
64.19 	staff, and county or state staff, the costs for county or state staff participation in the team 
64.20 	shall be included in the rate for county-provided services. In this case, the contracted 
64.21 	vendor, the tribal agency, and the county may each receive separate payment for services 
64.22 	provided by each entity in the same month. In order to prevent duplication of services, 
64.23 	each entity must document, in the recipient's file, the need for team case management and 
64.24 	a description of the roles of the team members.
64.25 	(h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs 
64.26 	for mental health case management shall be provided by the recipient's county of 
64.27 	responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal 
64.28 	funds or funds used to match other federal funds. If the service is provided by a tribal 
64.29 	agency, the nonfederal share, if any, shall be provided by the recipient's tribe. When this 
64.30 	service is paid by the state without a federal share through fee-for-service, 50 percent of 
64.31 	the cost shall be provided by the recipient's county of responsibility.
64.32 	(i) Notwithstanding any administrative rule to the contrary, prepaid medical 
64.33 	assistance, general assistance medical care, and MinnesotaCare include mental health case 
64.34 	management. When the service is provided through prepaid capitation, the nonfederal 
64.35 	share is paid by the state and the county pays no share.
65.1 	(j) The commissioner may suspend, reduce, or terminate the reimbursement to a 
65.2 	provider that does not meet the reporting or other requirements of this section. The county 
65.3 	of responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal 
65.4 	agency, is responsible for any federal disallowances. The county or tribe may share this 
65.5 	responsibility with its contracted vendors.
65.6 	(k) The commissioner shall set aside a portion of the federal funds earned for county 
65.7 	expenditures under this section to repay the special revenue maximization account under 
65.8 	section 256.01, subdivision 2, paragraph (o). The repayment is limited to:
65.9 	(1) the costs of developing and implementing this section; and
65.10 	(2) programming the information systems.
65.11 	(l) Payments to counties and tribal agencies for case management expenditures 
65.12 	under this section shall only be made from federal earnings from services provided 
65.13 	under this section. When this service is paid by the state without a federal share through 
65.14 	fee-for-service, 50 percent of the cost shall be provided by the state. Payments to 
65.15 	county-contracted vendors shall include the federal earnings, the state share, and the 
65.16 	county share.
65.17 	(m) Case management services under this subdivision do not include therapy, 
65.18 	treatment, legal, or outreach services.
65.19 	(n) If the recipient is a resident of a nursing facility, intermediate care facility, or 
65.20 	hospital, and the recipient's institutional care is paid by medical assistance, payment for 
65.21 	case management services under this subdivision is limited to the lesser of:
65.22 	(1) the last 180 days of the recipient's residency in that facility and may not exceed 
65.23 	more than six months in a calendar year; or
65.24 	(2) the limits and conditions which apply to federal Medicaid funding for this service.
65.25 	(o) Payment for case management services under this subdivision shall not duplicate 
65.26 	payments made under other program authorities for the same purpose.
65.27 	(p) If the recipient is receiving care in a hospital, nursing facility, or a residential 
65.28 	setting licensed under chapter 245A or 245D that is staffed 24 hours per day, seven 
65.29 	days per week, mental health targeted case management services must actively support 
65.30 	identification of community alternatives and discharge planning for the recipient.

65.31 	Sec. 11. Minnesota Statutes 2014, section 256B.0625, is amended by adding a 
65.32 	subdivision to read:
65.33 		Subd. 20b.Mental health targeted case management through interactive video.
 65.34 	(a) Subject to federal approval, contact made for targeted case management by interactive 
65.35 	video shall be eligible for payment under section 256B.0924, subdivision 6, if:
66.1 	(1) the person receiving targeted case management services is residing in:
66.2 	(i) a hospital;
66.3 	(ii) a nursing facility; or
66.4 	(iii) a residential setting licensed under chapter 245A or 245D, or a boarding and 
66.5 	lodging establishment or a lodging establishment that provides supportive services or 
66.6 	health supervision services according to section 157.17, that is staffed 24 hours per day, 
66.7 	seven days per week;
66.8 	(2) interactive video is in the best interests of the person and is deemed appropriate 
66.9 	by the person receiving targeted case management or the person's legal guardian, the case 
66.10 	management provider, and the provider operating the setting where the person is residing;
66.11 	(3) the use of interactive video is approved as part of the person's written personal 
66.12 	service or case plan taking into consideration the person's vulnerability and active personal 
66.13 	relationships; and
66.14 	(4) interactive video is used for up to, but not more than, 50 percent of the minimum 
66.15 	required face-to-face contacts.
66.16 	(b) The person receiving targeted case management or the person's legal guardian 
66.17 	has the right to choose and consent to the use of interactive video under this subdivision 
66.18 	and has the right to refuse the use of interactive video at any time.
66.19 	(c) The commissioner shall establish criteria that a targeted case management 
66.20 	provider must attest to in order to demonstrate the safety or efficacy of delivering the service 
66.21 	via interactive video. The attestation may include that the case management provider has:
66.22 	(1) written policies and procedures specific to interactive video services that are 
66.23 	regularly reviewed and updated;
66.24 	(2) policies and procedures that adequately address client safety before, during, and 
66.25 	after the interactive video services are rendered;
66.26 	(3) established protocols addressing how and when to discontinue interactive video 
66.27 	services; and
66.28 	(4) established a quality assurance process related to interactive video services.
66.29 	(d) As a condition of payment, the targeted case management provider must 
66.30 	document the following for each occurrence of targeted case management provided by 
66.31 	interactive video:
66.32 	(1) the time the service began and the time the service ended, including an a.m. and 
66.33 	p.m. designation;
66.34 	(2) the basis for determining that interactive video is an appropriate and effective 
66.35 	means for delivering the service to the person receiving case management services;
67.1 	(3) the mode of transmission of the interactive video services and records evidencing 
67.2 	that a particular mode of transmission was utilized;
67.3 	(4) the location of the originating site and the distant site; and
67.4 	(5) compliance with the criteria attested to by the targeted case management provider 
67.5 	as provided in paragraph (c).

67.6 	Sec. 12. Minnesota Statutes 2014, section 256B.0924, is amended by adding a 
67.7 	subdivision to read:
67.8 		Subd. 4a.Targeted case management through interactive video. (a) Subject to 
67.9 	federal approval, contact made for targeted case management by interactive video shall be 
67.10 	eligible for payment under subdivision 6 if:
67.11 	(1) the person receiving targeted case management services is residing in:
67.12 	(i) a hospital;
67.13 	(ii) a nursing facility;
67.14 	(iii) a residential setting licensed under chapter 245A or 245D, or a boarding and 
67.15 	lodging establishment or a lodging establishment that provides supportive services or 
67.16 	health supervision services according to section 157.17, that is staffed 24 hours per day, 
67.17 	seven days per week;
67.18 	(2) interactive video is in the best interests of the person and is deemed appropriate 
67.19 	by the person receiving targeted case management or the person's legal guardian, the case 
67.20 	management provider, and the provider operating the setting where the person is residing;
67.21 	(3) the use of interactive video is approved as part of the person's written personal 
67.22 	service or case plan; and
67.23 	(4) interactive video is used for up to, but not more than, 50 percent of the minimum 
67.24 	required face-to-face contacts.
67.25 	(b) The person receiving targeted case management or the person's legal guardian 
67.26 	has the right to choose and consent to the use of interactive video under this subdivision 
67.27 	and has the right to refuse the use of interactive video at any time.
67.28 	(c) The commissioner shall establish criteria that a targeted case management 
67.29 	provider must attest to in order to demonstrate the safety or efficacy of delivering the service 
67.30 	via interactive video. The attestation may include that the case management provider has:
67.31 	(1) written policies and procedures specific to interactive video services that are 
67.32 	regularly reviewed and updated;
67.33 	(2) policies and procedures that adequately address client safety before, during, and 
67.34 	after the interactive video services are rendered;
68.1 	(3) established protocols addressing how and when to discontinue interactive video 
68.2 	services; and
68.3 	(4) established a quality assurance process related to interactive video services.
68.4 	(d) As a condition of payment, the targeted case management provider must 
68.5 	document the following for each occurrence of targeted case management provided by 
68.6 	interactive video:
68.7 	(1) the time the service began and the time the service ended, including an a.m. and 
68.8 	p.m. designation;
68.9 	(2) the basis for determining that interactive video is an appropriate and effective 
68.10 	means for delivering the service to the person receiving case management services;
68.11 	(3) the mode of transmission of the interactive video services and records evidencing 
68.12 	that a particular mode of transmission was utilized;
68.13 	(4) the location of the originating site and the distant site; and
68.14 	(5) compliance with the criteria attested to by the targeted case management provider 
68.15 	as provided in paragraph (c).

68.16 	Sec. 13. COMMISSIONER DUTY TO SEEK FEDERAL APPROVAL.
 68.17 	The commissioner of human services shall seek federal approval that is necessary 
68.18 	to implement Minnesota Statutes, sections 256B.0621, subdivision 10, and 256B.0625, 
68.19 	subdivision 20, for interactive video contact.

68.20 	Sec. 14. RURAL DEMONSTRATION PROJECT.
 68.21 	(a) Children's mental health collaboratives under Minnesota Statutes, section 
68.22 	245.493, are eligible to apply for grant funding under this section. The commissioner shall 
68.23 	solicit proposals and select the proposal that best meets the requirements under paragraph 
68.24 	(c). Only one demonstration project may be funded under this section.
68.25 	(b) The demonstration project must:
68.26 	(1) support youth served to achieve, within their potential, their personal goals 
68.27 	in employment, education, living situation, personal effectiveness, and community life 
68.28 	functioning;
68.29 	(2) build on and streamline transition services by identifying rural youth ages 15 to 
68.30 	25 currently in the mental health system or with emerging mental health conditions;
68.31 	(3) provide individualized motivational coaching;
68.32 	(4) build needed social supports;
68.33 	(5) demonstrate how services can be enhanced for youth to successfully navigate the 
68.34 	complexities associated with their unique needs;
69.1 	(6) utilize all available funding streams;
69.2 	(7) evaluate the effectiveness of the project; and
69.3 	(8) compare differences in outcomes and costs to youth without previous access 
69.4 	to this project.
69.5 	(c) The commissioner shall report to the chairs and ranking minority members of 
69.6 	the house of representatives and senate committees with jurisdiction over mental health 
69.7 	issues on the status and outcomes of the demonstration project by January 15, 2019. The 
69.8 	children's mental health collaboratives administering the demonstration project shall 
69.9 	collect and report outcome data, per guidelines approved by the commissioner, to support 
69.10 	the development of this report.

69.11 	ARTICLE 6
69.12 	CHILDREN AND FAMILIES

69.13 	Section 1. Minnesota Statutes 2014, section 119B.13, subdivision 1, is amended to read:
69.14 		Subdivision 1.Subsidy restrictions. (a) Beginning February 3, 2014, the maximum 
69.15 	rate paid for child care assistance in any county or county price cluster under the child 
69.16 	care fund shall be the greater of the 25th percentile of the 2011 child care provider rate 
69.17 	survey or the maximum rate effective November 28, 2011. For a child care provider 
69.18 	located inside the boundaries of a city located in two or more counties, the maximum rate 
69.19 	paid for child care assistance shall be equal to the maximum rate paid in the county with 
69.20 	the highest maximum reimbursement rates or the provider's charge, whichever is less. The 
69.21 	commissioner may: (1) assign a county with no reported provider prices to a similar price 
69.22 	cluster; and (2) consider county level access when determining final price clusters.
69.23 	(b) A rate which includes a special needs rate paid under subdivision 3 may be in 
69.24 	excess of the maximum rate allowed under this subdivision.
69.25 	(c) The department shall monitor the effect of this paragraph on provider rates. The 
69.26 	county shall pay the provider's full charges for every child in care up to the maximum 
69.27 	established. The commissioner shall determine the maximum rate for each type of care 
69.28 	on an hourly, full-day, and weekly basis, including special needs and disability care. The 
69.29 	maximum payment to a provider for one day of care must not exceed the daily rate. The 
69.30 	maximum payment to a provider for one week of care must not exceed the weekly rate.
69.31 	(d) Child care providers receiving reimbursement under this chapter must not be 
69.32 	paid activity fees or an additional amount above the maximum rates for care provided 
69.33 	during nonstandard hours for families receiving assistance.
70.1 	(e) When the provider charge is greater than the maximum provider rate allowed, 
70.2 	the parent is responsible for payment of the difference in the rates in addition to any 
70.3 	family co-payment fee.
70.4 	(f) All maximum provider rates changes shall be implemented on the Monday 
70.5 	following the effective date of the maximum provider rate.
70.6 	(g) Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum 
70.7 	registration fees in effect on January 1, 2013, shall remain in effect.

70.8 	EFFECTIVE DATE. This section is effective September 11, 2017.

70.9 	Sec. 2. [245A.043] ELECTRONIC APPLICATION; INFORMATION.
70.10 	(a) The commissioner, in consultation with child care providers, shall conduct a 
70.11 	feasibility study regarding the development of a single, easily accessible Web site that 
70.12 	complies with the requirements contained in the federal reauthorization of the federal 
70.13 	Child Care Development Fund. In conducting the study, the commissioner shall review 
70.14 	current child care licensing processes and regulations in order to determine methods by 
70.15 	which the commissioner can streamline processes for current and prospective child care 
70.16 	providers including but not limited to applications for licensure, license renewals, and 
70.17 	provider record keeping. As part of this review, the commissioner must evaluate the 
70.18 	feasibility of developing an online system that would allow child care providers and 
70.19 	prospective child care providers to:
70.20 	(1) access a guide on how to start a child care business;
70.21 	(2) access all applicable statutes, administrative rules, and agency policies and 
70.22 	procedures, including training requirements;
70.23 	(3) access up-to-date contact information for state and county agency licensing staff;
70.24 	(4) access information on the availability of grant programs and other resources 
70.25 	for providers; 
70.26 	(5) use an online reimbursement tool for payment under the child care assistance 
70.27 	programs; and
70.28 	(6) submit a single electronic application and license renewal, including all 
70.29 	supporting documentation required by the commissioner, information related to child 
70.30 	care assistance program registration, and application for rating in the quality rating and 
70.31 	improvement system.
70.32 	(b) The commissioner shall submit the feasibility study to the chairs and ranking 
70.33 	minority members of the house of representatives and senate committees with jurisdiction 
70.34 	over child care by September 30, 2016.

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

71.2 	Sec. 3. [245A.055] NOTIFICATION TO PROVIDER.
71.3 	(a) When the county employee responsible for family child care and group family 
71.4 	child care licensing conducts a licensing inspection or conducts a home visit, the employee 
71.5 	must provide, prior to departure from the residence or facility, a written notification to 
71.6 	the licensee of any potential licensing violations noted. The notification must include 
71.7 	the condition that constitutes the violation, the action that must be taken to correct the 
71.8 	condition, and the time allowed to correct the violation. 
71.9 	(b) Providing this notification to the licensee does not relieve the county employee 
71.10 	from notifying the commissioner of the violation as required by statute and administrative 
71.11 	rule.

71.12 	Sec. 4. [245A.23] POSITIVE SUPPORT STRATEGIES.
71.13 	(a) The commissioner of human services, in conjunction with licensed programs that 
71.14 	provide group family day care and family day care under Minnesota Rules, chapter 9502, 
71.15 	and child care centers licensed under Minnesota Rules, chapter 9503, must review and 
71.16 	evaluate the applicability of Minnesota Rules, chapter 9544, the positive support strategies 
71.17 	and restrictive interventions rules, to child care programs. The commissioner must 
71.18 	consider the undue hardship, including increased cost and reduction in child care services, 
71.19 	experienced by child care providers and child care centers as a result of the application 
71.20 	of Minnesota Rules, chapter 9544. The commissioner must determine which rules must 
71.21 	apply to each type of program, to what extent each rule must apply, and consider granting 
71.22 	variances to the requirements to programs that submit a request for a variance. The 
71.23 	commissioner must complete this review and evaluation process of the applicability of 
71.24 	Minnesota Rules, chapter 9544, to child care programs no later than December 31, 2016. 
71.25 	The commissioner must submit a written plan to modify application of rules for child care 
71.26 	programs to the house of representatives and senate committees with jurisdiction over 
71.27 	child care no later than January 15, 2017.
71.28 	(b) Until the commissioner has completed the review and evaluation process and 
71.29 	submitted a written plan to the legislature required under paragraph (a), programs licensed 
71.30 	as family day care and group family day care facilities under Minnesota Rules, chapter 
71.31 	9502, and programs licensed as child care centers under Minnesota Rules, chapter 9503, 
71.32 	are exempt from the following rules:
71.33 	(1) Minnesota Rules, part 9544.0040, functional behavior assessment, unless the 
71.34 	child has a case manager under section 256B.092, subdivision 1a, paragraph (e); and
72.1 	(2) Minnesota Rules, part 9544.0090, staff qualifications and training.

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

72.3 	Sec. 5. [245A.55] TRAINING FOR COUNTY LICENSING STAFF ON FAMILY 
72.4 	CHILD CARE AND GROUP FAMILY CHILD CARE REQUIREMENTS; 
72.5 	SUPERVISION.
72.6 	(a) Within the first two months of employment, county staff who license and inspect 
72.7 	family child care and group family child care programs must complete at least eight hours 
72.8 	of training on state statutes, administrative rules, and department policies related to the 
72.9 	licensing and regulation of family child care and group family child care programs. The 
72.10 	department must develop the training curriculum to ensure that all county staff who perform 
72.11 	licensing and inspection functions receive uniform training. This training must include:
72.12 	(1) explicit instructions that county staff who license and perform inspections 
72.13 	must apply only state statutes, administrative rules, and Department of Human Services 
72.14 	policies in the performance of their duties. Training must reinforce that county staff are 
72.15 	prohibited from imposing standards or requirements that are not imposed by statute, rule, 
72.16 	or approved state policy;
72.17 	(2) the rights of license holders, including their grievance and appeal rights. This 
72.18 	training must include information on the responsibility of the county staff to inform license 
72.19 	holders of their rights, including grievance and appeal rights; and
72.20 	(3) the procedure for county staff to seek clarification from the Department of 
72.21 	Human Services prior to issuing a correction order or other notice of violation to a license 
72.22 	holder if there is a dispute between the license holder and the county licensor regarding 
72.23 	the applicability of a statute or rule to the alleged violation.
72.24 	(b) To ensure consistency among all licensing staff, the commissioner must develop 
72.25 	a procedure by which the department will implement increased training and oversight of 
72.26 	county staff who perform licensing functions related to family child care licensing. This 
72.27 	procedure must ensure that the commissioner conducts at least biennial reviews of county 
72.28 	licensing performance.
72.29 	(c) Each calendar year, county agency staff who license and regulate family child 
72.30 	care providers and group family child care providers and their supervisors must receive 
72.31 	notice from the commissioner on new laws enacted or adopted in the previous 12-month 
72.32 	period relating to family child care providers and group family child care providers. The 
72.33 	commissioner shall provide the notices each year to include information on new laws and 
72.34 	disseminate the notices to county agencies.

73.1 	Sec. 6. Minnesota Statutes 2014, section 256D.051, subdivision 6b, is amended to read:
73.2 		Subd. 6b.Federal reimbursement. (a) Federal financial participation from 
73.3 	the United States Department of Agriculture for food stamp employment and training 
73.4 	expenditures that are eligible for reimbursement through the food stamp employment and 
73.5 	training program are dedicated funds and are annually appropriated to the commissioner 
73.6 	of human services for the operation of the food stamp employment and training program. 
73.7 	(b) The appropriation must be used for skill attainment through employment, 
73.8 	training, and support services for food stamp participants. By February 15, 2017, the 
73.9 	commissioner shall report to the chairs and ranking minority members of the legislative 
73.10 	committees having jurisdiction over the food stamp program on the progress of securing 
73.11 	additional federal reimbursement dollars under this program.
73.12 	(c) Federal financial participation for the nonstate portion of food stamp employment 
73.13 	and training costs must be paid to the county agency or service provider that incurred 
73.14 	the costs.

73.15 	Sec. 7. Minnesota Statutes 2014, section 518.175, subdivision 5, is amended to read:
73.16 		Subd. 5.Modification of parenting plan or order for parenting time. (a) If 
73.17 	a parenting plan or an order granting parenting time cannot be used to determine the 
73.18 	number of overnights or overnight equivalents the child has with each parent, the court 
73.19 	shall modify the parenting plan or order granting parenting time so that the number of 
73.20 	overnights or overnight equivalents the child has with each parent can be determined. For 
73.21 	purposes of this section, "overnight equivalents" has the meaning provided in section 
73.22 	518A.36, subdivision 1.
73.23 	(b) If modification would serve the best interests of the child, the court shall modify 
73.24 	the decision-making provisions of a parenting plan or an order granting or denying 
73.25 	parenting time, if the modification would not change the child's primary residence. 
73.26 	Consideration of a child's best interest includes a child's changing developmental needs.
73.27 	(b) (c) Except as provided in section 631.52, the court may not restrict parenting 
73.28 	time unless it finds that:
73.29 	(1) parenting time is likely to endanger the child's physical or emotional health or 
73.30 	impair the child's emotional development; or
73.31 	(2) the parent has chronically and unreasonably failed to comply with court-ordered 
73.32 	parenting time.
73.33 	A modification of parenting time which increases a parent's percentage of parenting time 
73.34 	to an amount that is between 45.1 to 54.9 percent parenting time is not a restriction of 
73.35 	the other parent's parenting time.
74.1 	(c) (d) If a parent makes specific allegations that parenting time by the other 
74.2 	parent places the parent or child in danger of harm, the court shall hold a hearing at 
74.3 	the earliest possible time to determine the need to modify the order granting parenting 
74.4 	time. Consistent with subdivision 1a, the court may require a third party, including the 
74.5 	local social services agency, to supervise the parenting time or may restrict a parent's 
74.6 	parenting time if necessary to protect the other parent or child from harm. If there is an 
74.7 	existing order for protection governing the parties, the court shall consider the use of an 
74.8 	independent, neutral exchange location for parenting time.

74.9 	EFFECTIVE DATE. This section is effective August 1, 2018.

74.10 	Sec. 8. Minnesota Statutes 2015 Supplement, section 518A.26, subdivision 14, is 
74.11 	amended to read:
74.12 		Subd. 14.Obligor. "Obligor" means a person obligated to pay maintenance or 
74.13 	support. For purposes of ordering medical support under section 518A.41, a parent who 
74.14 	has primary physical custody of a child may be an obligor subject to a payment agreement 
74.15 	under section 518A.69. If a parent has more than 55 percent court-ordered parenting time, 
74.16 	there is a rebuttable presumption that the parent shall have a zero-dollar basic support 
74.17 	obligation. A party seeking to overcome this presumption must show, and the court must 
74.18 	consider, the following:
74.19 	(1) a significant income disparity, which may include potential income determined 
74.20 	under section 518A.32;
74.21 	(2) the benefit and detriment to the child and the ability of each parent to meet 
74.22 	the needs of the child; and
74.23 	(3) whether the application of the presumption would have an unjust or inappropriate 
74.24 	result.
74.25 	The presumption of a zero-dollar basic support obligation does not eliminate that parent's 
74.26 	obligation to pay child support arrears pursuant to section 518A.60.

74.27 	EFFECTIVE DATE. This section is effective August 1, 2018.

74.28 	Sec. 9. Minnesota Statutes 2014, section 518A.34, is amended to read:
74.29 	518A.34 COMPUTATION OF CHILD SUPPORT OBLIGATIONS.
74.30 	(a) To determine the presumptive child support obligation of a parent, the court shall 
74.31 	follow the procedure set forth in this section.
74.32 	(b) To determine the obligor's basic support obligation, the court shall:
74.33 	(1) determine the gross income of each parent under section 518A.29;
75.1 	(2) calculate the parental income for determining child support (PICS) of each 
75.2 	parent, by subtracting from the gross income the credit, if any, for each parent's nonjoint 
75.3 	children under section 518A.33;
75.4 	(3) determine the percentage contribution of each parent to the combined PICS by 
75.5 	dividing the combined PICS into each parent's PICS;
75.6 	(4) determine the combined basic support obligation by application of the guidelines 
75.7 	in section 518A.35;
75.8 	(5) determine the obligor'seach parent's share of the combined basic support 
75.9 	obligation by multiplying the percentage figure from clause (3) by the combined basic 
75.10 	support obligation in clause (4); and
75.11 	(6) determine the parenting expense adjustment, if any, as apply the parenting 
75.12 	expense adjustment formula  provided in section 518A.36, and adjust the obligor's basic 
75.13 	support obligation accordingly to determine the obligor's basic support obligation. If the 
75.14 	parenting time of the parties is presumed equal, section 518A.36, subdivision 3, applies 
75.15 	to the calculation of the basic support obligation and a determination of which parent 
75.16 	is the obligor.
75.17 	(c)  If the parents have split custody of the joint children, child support shall be 
75.18 	calculated for each joint child as follows:
75.19 	(1) the court shall determine each parent's basic support obligation under paragraph 
75.20 	(b) and shall include the amount of each parent's obligation in the court order. If the basic 
75.21 	support calculation results in each parent owing support to the other, the court shall offset 
75.22 	the higher basic support obligation with the lower basic support obligation to determine 
75.23 	the amount to be paid by the parent with the higher obligation to the parent with the 
75.24 	lower obligation. For the purpose of the cost-of-living adjustment required under section 
75.25 	518A.75, the adjustment must be based on each parent's basic support obligation prior to 
75.26 	offset. For the purposes of this paragraph, "split custody" means that there are two or more 
75.27 	joint children and each parent has at least one joint child more than 50 percent of the time;
75.28 	(2) if each parent pays all child care expenses for at least one joint child, the court 
75.29 	shall calculate child care support for each joint child as provided in section 518A.40. The 
75.30 	court shall determine each parent's child care support obligation and include the amount of 
75.31 	each parent's obligation in the court order. If the child care support calculation results in 
75.32 	each parent owing support to the other, the court shall offset the higher child care support 
75.33 	obligation with the lower child care support obligation to determine the amount to be paid 
75.34 	by the parent with the higher obligation to the parent with the lower obligation; and
75.35 	(3) if each parent pays all medical or dental insurance expenses for at least one 
75.36 	joint child, medical support shall be calculated for each joint child as provided in section 
76.1 	518A.41. The court shall determine each parent's medical support obligation and include 
76.2 	the amount of each parent's obligation in the court order. If the medical support calculation 
76.3 	results in each parent owing support to the other, the court shall offset the higher medical 
76.4 	support obligation with the lower medical support obligation to determine the amount to 
76.5 	be paid by the parent with the higher obligation to the parent with the lower obligation. 
76.6 	Unreimbursed and uninsured medical expenses are not included in the presumptive amount 
76.7 	of support owed by a parent and are calculated and collected as provided in section 518A.41.
76.8 	(d) The court shall determine the child care support obligation for the obligor 
76.9 	as provided in section 518A.40.
76.10 	(d) (e) The court shall determine the medical support obligation for each parent as 
76.11 	provided in section 518A.41. Unreimbursed and uninsured medical expenses are not 
76.12 	included in the presumptive amount of support owed by a parent and are calculated and 
76.13 	collected as described in section 518A.41.
76.14 	(e) (f) The court shall determine each parent's total child support obligation by 
76.15 	adding together each parent's basic support, child care support, and health care coverage 
76.16 	obligations as provided in this section.
76.17 	(f) (g) If Social Security benefits or veterans' benefits are received by one parent as a 
76.18 	representative payee for a joint child based on the other parent's eligibility, the court shall 
76.19 	subtract the amount of benefits from the other parent's net child support obligation, if any.
76.20 	(g) (h) The final child support order shall separately designate the amount owed for 
76.21 	basic support, child care support, and medical support. If applicable, the court shall use 
76.22 	the self-support adjustment and minimum support adjustment under section 518A.42 to 
76.23 	determine the obligor's child support obligation.

76.24 	EFFECTIVE DATE. This section is effective August 1, 2018.

76.25 	Sec. 10. Minnesota Statutes 2014, section 518A.36, is amended to read:
76.26 	518A.36 PARENTING EXPENSE ADJUSTMENT.
76.27 		Subdivision 1.General. (a) The parenting expense adjustment under this section 
76.28 	reflects the presumption that while exercising parenting time, a parent is responsible 
76.29 	for and incurs costs of caring for the child, including, but not limited to, food, clothing, 
76.30 	transportation, recreation, and household expenses. Every child support order shall specify 
76.31 	the percentage of parenting time granted to or presumed for each parent. For purposes 
76.32 	of this section, the percentage of parenting time means the percentage of time a child is 
76.33 	scheduled to spend with the parent during a calendar year according to a court order 
76.34 	averaged over a two-year period. Parenting time includes time with the child whether it is 
77.1 	designated as visitation, physical custody, or parenting time. The percentage of parenting 
77.2 	time may be determined by calculating the number of overnights or overnight equivalents
77.3 	that a child parent spends with a parent, or child pursuant to a court order. For purposes of 
77.4 	this section, overnight equivalents are calculated by using a method other than overnights 
77.5 	if the parent has significant time periods on separate days where the child is in the parent's 
77.6 	physical custody and under the direct care of the parent but does not stay overnight. The 
77.7 	court may consider the age of the child in determining whether a child is with a parent 
77.8 	for a significant period of time.
77.9 	(b) If there is not a court order awarding parenting time, the court shall determine 
77.10 	the child support award without consideration of the parenting expense adjustment. If a 
77.11 	parenting time order is subsequently issued or is issued in the same proceeding, then the 
77.12 	child support order shall include application of the parenting expense adjustment.
77.13 		Subd. 2.Calculation of parenting expense adjustment. The obligor is entitled to 
77.14 	a parenting expense adjustment calculated as provided in this subdivision. The court shall:
77.15 	(1) find the adjustment percentage corresponding to the percentage of parenting 
77.16 	time allowed to the obligor below:

77.17
77.18		Percentage Range of Parenting 
Time
	Adjustment Percentage
	
77.19	(i)
	less than 10 percent
	no adjustment
	
77.20	(ii)
	10 percent to 45 percent
	12 percent
	
77.21	(iii)
	45.1 percent to 50 percent
	presume parenting time is equal
	
77.22 	(2) multiply the adjustment percentage by the obligor's basic child support obligation 
77.23 	to arrive at the parenting expense adjustment; and
77.24 	(3) subtract the parenting expense adjustment from the obligor's basic child support 
77.25 	obligation. The result is the obligor's basic support obligation after parenting expense 
77.26 	adjustment.
77.27 	(a) For the purposes of this section, the following terms have the meanings given:
77.28 	(1) "parent A" means the parent with whom the child or children will spend the least 
77.29 	number of overnights under the court order; and
77.30 	(2) "parent B" means the parent with whom the child or children will spend the 
77.31 	greatest number of overnights under the court order.
77.32 	(b) The court shall apply the following formula to determine which parent is the 
77.33 	obligor and calculate the basic support obligation:
77.34 	(1) raise to the power of three the approximate number of annual overnights the child 
77.35 	or children will likely spend with parent A;
77.36 	(2) raise to the power of three the approximate number of annual overnights the child 
77.37 	or children will likely spend with parent B;
78.1 	(3) multiply the result of clause (1) times parent B's share of the combined basic 
78.2 	support obligation as determined in section 518A.34, paragraph (b), clause (5);
78.3 	(4) multiply the result of clause (2) times parent A's share of the combined basic 
78.4 	support obligation as determined in section 518A.34, paragraph (b), clause (5);
78.5 	(5) subtract the result of clause (4) from the result of clause (3); and
78.6 	(6) divide the result of clause (5) by the sum of clauses (1) and (2).
78.7 	(c) If the result is a negative number, parent A is the obligor, the negative number 
78.8 	becomes its positive equivalent, and the result is the basic support obligation. If the result 
78.9 	is a positive number, parent B is the obligor and the result is the basic support obligation.
78.10 		Subd. 3.Calculation of basic support when parenting time presumed is equal.
 78.11 	(a) If the parenting time is equal and the parental incomes for determining child support of 
78.12 	the parents also are equal, no basic support shall be paid unless the court determines that 
78.13 	the expenses for the child are not equally shared.
78.14 	(b) If the parenting time is equal but the parents' parental incomes for determining 
78.15 	child support are not equal, the parent having the greater parental income for determining 
78.16 	child support shall be obligated for basic child support, calculated as follows:
78.17 	(1) multiply the combined basic support calculated under section 518A.34 by 0.75;
78.18 	(2) prorate the amount under clause (1) between the parents based on each parent's 
78.19 	proportionate share of the combined PICS; and
78.20 	(3) subtract the lower amount from the higher amount.
78.21 	The resulting figure is the obligation after parenting expense adjustment for the 
78.22 	parent with the greater parental income for determining child support.

78.23 	EFFECTIVE DATE. This section is effective August 1, 2018.

78.24 	Sec. 11. Minnesota Statutes 2015 Supplement, section 518A.39, subdivision 2, is 
78.25 	amended to read:
78.26 		Subd. 2.Modification. (a) The terms of an order respecting maintenance or support 
78.27 	may be modified upon a showing of one or more of the following, any of which makes 
78.28 	the terms unreasonable and unfair: (1) substantially increased or decreased gross income 
78.29 	of an obligor or obligee; (2) substantially increased or decreased need of an obligor or 
78.30 	obligee or the child or children that are the subject of these proceedings; (3) receipt of 
78.31 	assistance under the AFDC program formerly codified under sections 256.72 to 256.87 
78.32 	or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for 
78.33 	either party as measured by the Federal Bureau of Labor Statistics; (5) extraordinary 
78.34 	medical expenses of the child not provided for under section 518A.41; (6) a change in 
78.35 	the availability of appropriate health care coverage or a substantial increase or decrease 
79.1 	in health care coverage costs; (7) the addition of work-related or education-related child 
79.2 	care expenses of the obligee or a substantial increase or decrease in existing work-related 
79.3 	or education-related child care expenses; or (8) upon the emancipation of the child, as 
79.4 	provided in subdivision 5.
79.5 	(b) It is presumed that there has been a substantial change in circumstances under 
79.6 	paragraph (a) and the terms of a current support order shall be rebuttably presumed to be 
79.7 	unreasonable and unfair if:
79.8 	(1) the application of the child support guidelines in section 518A.35, to the current 
79.9 	circumstances of the parties results in a calculated court order that is at least 20 percent 
79.10 	and at least $75 per month higher or lower than the current support order or, if the current 
79.11 	support order is less than $75, it results in a calculated court order that is at least 20 
79.12 	percent per month higher or lower;
79.13 	(2) the medical support provisions of the order established under section 518A.41 
79.14 	are not enforceable by the public authority or the obligee;
79.15 	(3) health coverage ordered under section 518A.41 is not available to the child for 
79.16 	whom the order is established by the parent ordered to provide;
79.17 	(4) the existing support obligation is in the form of a statement of percentage and not 
79.18 	a specific dollar amount;
79.19 	(5) the gross income of an obligor or obligee has decreased by at least 20 percent 
79.20 	through no fault or choice of the party; or
79.21 	(6) a deviation was granted based on the factor in section 518A.43, subdivision 1, 
79.22 	clause (4), and the child no longer resides in a foreign country or the factor is otherwise no 
79.23 	longer applicable.
79.24 	(c) A child support order is not presumptively modifiable solely because an obligor 
79.25 	or obligee becomes responsible for the support of an additional nonjoint child, which is 
79.26 	born after an existing order. Section 518A.33 shall be considered if other grounds are 
79.27 	alleged which allow a modification of support.
79.28 	(d) If child support was established by applying a parenting expense adjustment 
79.29 	or presumed equal parenting time calculation under previously existing child support 
79.30 	guidelines and there is no parenting plan or order from which overnights or overnight 
79.31 	equivalents can be determined, there is a rebuttable presumption that the established 
79.32 	adjustment or calculation shall continue after modification so long as the modification is 
79.33 	not based on a change in parenting time. In determining an obligation under previously 
79.34 	existing child support guidelines, it is presumed that the court shall:
80.1 	(1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's 
80.2 	share of the combined basic support obligation calculated under section 518A.34, 
80.3 	paragraph (b), clause (5), by 0.88; or
80.4 	(2) if the parenting time was presumed equal but the parents' parental incomes for 
80.5 	determining child support were not equal:
80.6 	(i) multiply the combined basic support obligation under section 518A.34, paragraph 
80.7 	(b), clause (5), by 0.075;
80.8 	(ii) prorate the amount under item (i) between the parents based on each parent's 
80.9 	proportionate share of the combined PICS; and
80.10 	(iii) subtract the lower amount from the higher amount.
80.11 	(e) On a motion for modification of maintenance, including a motion for the 
80.12 	extension of the duration of a maintenance award, the court shall apply, in addition to all 
80.13 	other relevant factors, the factors for an award of maintenance under section 518.552 that 
80.14 	exist at the time of the motion. On a motion for modification of support, the court:
80.15 	(1) shall apply section 518A.35, and shall not consider the financial circumstances of 
80.16 	each party's spouse, if any; and
80.17 	(2) shall not consider compensation received by a party for employment in excess of 
80.18 	a 40-hour work week, provided that the party demonstrates, and the court finds, that:
80.19 	(i) the excess employment began after entry of the existing support order;
80.20 	(ii) the excess employment is voluntary and not a condition of employment;
80.21 	(iii) the excess employment is in the nature of additional, part-time employment, or 
80.22 	overtime employment compensable by the hour or fractions of an hour;
80.23 	(iv) the party's compensation structure has not been changed for the purpose of 
80.24 	affecting a support or maintenance obligation;
80.25 	(v) in the case of an obligor, current child support payments are at least equal to the 
80.26 	guidelines amount based on income not excluded under this clause; and
80.27 	(vi) in the case of an obligor who is in arrears in child support payments to the 
80.28 	obligee, any net income from excess employment must be used to pay the arrearages 
80.29 	until the arrearages are paid in full.
80.30 	(e) (f) A modification of support or maintenance, including interest that accrued 
80.31 	pursuant to section 548.091, may be made retroactive only with respect to any period 
80.32 	during which the petitioning party has pending a motion for modification but only from 
80.33 	the date of service of notice of the motion on the responding party and on the public 
80.34 	authority if public assistance is being furnished or the county attorney is the attorney of 
80.35 	record, unless the court adopts an alternative effective date under paragraph (l). The 
81.1 	court's adoption of an alternative effective date under paragraph (l) shall not be considered 
81.2 	a retroactive modification of maintenance or support.
81.3 	(f) (g) Except for an award of the right of occupancy of the homestead, provided 
81.4 	in section 518.63, all divisions of real and personal property provided by section 518.58 
81.5 	shall be final, and may be revoked or modified only where the court finds the existence 
81.6 	of conditions that justify reopening a judgment under the laws of this state, including 
81.7 	motions under section 518.145, subdivision 2. The court may impose a lien or charge on 
81.8 	the divided property at any time while the property, or subsequently acquired property, is 
81.9 	owned by the parties or either of them, for the payment of maintenance or support money, 
81.10 	or may sequester the property as is provided by section 518A.71.
81.11 	(g) (h) The court need not hold an evidentiary hearing on a motion for modification 
81.12 	of maintenance or support.
81.13 	(h) (i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for 
81.14 	motions brought under this subdivision.
81.15 	(i) (j) Except as expressly provided, an enactment, amendment, or repeal of law does 
81.16 	not constitute a substantial change in the circumstances for purposes of modifying a 
81.17 	child support order.
81.18 	(j) MS 2006 [Expired]
81.19 	(k) On the first modification under the income shares method of calculation
81.20 	following implementation of amended child support guidelines, the modification of basic 
81.21 	support may be limited if the amount of the full variance would create hardship for either 
81.22 	the obligor or the obligee.
81.23 	(l) The court may select an alternative effective date for a maintenance or support 
81.24 	order if the parties enter into a binding agreement for an alternative effective date.

81.25 	EFFECTIVE DATE. This section is effective August 1, 2018.

81.26 	Sec. 12. [518A.79] CHILD SUPPORT TASK FORCE.
81.27 		Subdivision 1.Establishment; purpose. There is established the Child Support 
81.28 	Task Force for the Department of Human Services. The purpose of the task force is to 
81.29 	advise the commissioner of human services on matters relevant to maintaining effective 
81.30 	and efficient child support guidelines that will best serve the children of Minnesota and 
81.31 	take into account the changing dynamics of families.
81.32 		Subd. 2.Members.  (a) The task force must consist of:
81.33 	(1) two members of the house of representatives, one appointed by the speaker of the 
81.34 	house and one appointed by the minority leader;
82.1 	(2) two members of the senate, one appointed by the majority leader and one 
82.2 	appointed by the minority leader;
82.3 	(3) one representative from the Minnesota County Attorneys Association;
82.4 	(4) one staff member from the Department of Human Services Child Support 
82.5 	Division;
82.6 	(5) one representative from a tribe with an approved IV-D program appointed by 
82.7 	resolution of the Minnesota Indian Affairs Council;
82.8 	(6) one representative from the Minnesota Family Support Recovery Council;
82.9 	(7) one child support magistrate, family court referee, or one district court judge or 
82.10 	retired judge with experience in child support matters, appointed by the chief justice of 
82.11 	the Supreme Court;
82.12 	(8) four parents, at least two of whom represent diverse cultural and social 
82.13 	communities, appointed by the commissioner with equal representation between custodial 
82.14 	and noncustodial parents;
82.15 	(9) one representative from the Minnesota Legal Services Coalition; and
82.16 	(10) one representative from the Family Law Section of the Minnesota Bar 
82.17 	Association.
82.18 	(b) Section 15.059 governs the Child Support Task Force. 
82.19 	(c) Members of the task force shall be compensated as provided in section 15.059, 
82.20 	subdivision 3.
82.21 		Subd. 3.Organization. (a) The commissioner or the commissioner's designee shall 
82.22 	convene the first meeting of the task force.
82.23 	(b) The members of the task force shall annually elect a chair and other officers 
82.24 	as the members deem necessary.
82.25 	(c) The task force shall meet at least three times per year, with one meeting devoted 
82.26 	to collecting input from the public.
82.27 		Subd. 4.Staff. The commissioner shall provide support staff, office space, and 
82.28 	administrative services for the task force.
82.29 		Subd. 5.Duties of the task force. (a) General duties of the task force include, but 
82.30 	are not limited to:
82.31 	(1) serving in an advisory capacity to the commissioner of human services;
82.32 	(2) reviewing the effects of implementing the parenting expense adjustment enacted 
82.33 	by the 2016 legislature; 
82.34 	(3) at least every four years, preparing for and advising the commissioner on the 
82.35 	development of the quadrennial review report;
82.36 	(4) collecting and studying information and data relating to child support awards; and
83.1 	(5) conducting a comprehensive review of child support guidelines, economic 
83.2 	conditions, and other matters relevant to maintaining effective and efficient child support 
83.3 	guidelines.
83.4 	(b) The task force must review, address, and make recommendations on the 
83.5 	following priority issues: 
83.6 	(1) the self-support reserve for custodial and noncustodial parents;
83.7 	(2) simultaneous child support orders;
83.8 	(3) obligors who are subject to child support orders in multiple counties;
83.9 	(4) parents with multiple families;
83.10 	(5) non-nuclear families, such as grandparents, relatives, and foster parents who 
83.11 	are caretakers of children; 
83.12 	(6) standards to apply for modifications; and
83.13 	(7) updating section 518A.35, subdivision 2, the guideline for basic support.
83.14 		Subd. 6.Consultation. The chair of the task force must consult with the Cultural 
83.15 	and Ethnic Communities Leadership Council at least annually on the issues under 
83.16 	consideration by the task force.
83.17 		Subd. 7.Report and recommendations. Beginning February 15, 2018, and 
83.18 	biennially thereafter, if the task force is extended by the legislature, the commissioner 
83.19 	shall prepare and submit to the chairs and ranking minority members of the committees of 
83.20 	the house of representatives and the senate with jurisdiction over child support matters a 
83.21 	report that summarizes the activities of the task force, issues identified by the task force, 
83.22 	methods taken to address the issues, and recommendations for legislative action, if needed.
83.23 		Subd. 8.Expiration. The task force expires June 30, 2019, unless extended by 
83.24 	the legislature.

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

83.26 	Sec. 13. Minnesota Statutes 2014, section 626.558, subdivision 1, is amended to read:
83.27 		Subdivision 1.Establishment of team. A county shall establish a multidisciplinary 
83.28 	child protection team that may include, but not be limited to, the director of the local 
83.29 	welfare agency or designees, the county attorney or designees, the county sheriff or 
83.30 	designees, representatives of health and education, representatives of mental health or 
83.31 	other appropriate human service or community-based agencies, and parent groups. As 
83.32 	used in this section, a "community-based agency" may include, but is not limited to, 
83.33 	schools, social service agencies, family service and mental health collaboratives, children's 
83.34 	advocacy centers, early childhood and family education programs, Head Start, or other 
83.35 	agencies serving children and families. A member of the team must be designated as the 
84.1 	lead person of the team responsible for the planning process to develop standards for its 
84.2 	activities with battered women's and domestic abuse programs and services.

84.3 	Sec. 14. Minnesota Statutes 2014, section 626.558, subdivision 2, is amended to read:
84.4 		Subd. 2.Duties of team. A multidisciplinary child protection team may provide 
84.5 	public and professional education, develop resources for prevention, intervention, and 
84.6 	treatment, and provide case consultation to the local welfare agency or other interested 
84.7 	community-based agencies. The community-based agencies may request case consultation 
84.8 	from the multidisciplinary child protection team regarding a child or family for whom the 
84.9 	community-based agency is providing services. As used in this section, "case consultation" 
84.10 	means a case review process in which recommendations are made concerning services to 
84.11 	be provided to the identified children and family. Case consultation may be performed by 
84.12 	a committee or subcommittee of members representing human services, including mental 
84.13 	health and chemical dependency; law enforcement, including probation and parole; the 
84.14 	county attorney; a children's advocacy center; health care; education; community-based 
84.15 	agencies and other necessary agencies; and persons directly involved in an individual case 
84.16 	as designated by other members performing case consultation.

84.17 	Sec. 15. Minnesota Statutes 2014, section 626.558, is amended by adding a subdivision 
84.18 	to read:
84.19 		Subd. 4.Children's advocacy center; definition. (a) For purposes of this section, 
84.20 	"children's advocacy center" means an organization, using a multidisciplinary team 
84.21 	approach, whose primary purpose is to provide children who have been the victims of 
84.22 	abuse and their nonoffending family members with:
84.23 	(1) support and advocacy;
84.24 	(2) specialized medical evaluation;
84.25 	(3) trauma-focused mental health services; and
84.26 	(4) forensic interviews.
84.27 	(b) Children's advocacy centers provide multidisciplinary case review and the 
84.28 	tracking and monitoring of case progress.

84.29 	Sec. 16. CHILD CARE PROVIDER LIAISON AND ADVOCATE.
 84.30 	The commissioner of human services must designate a full-time employee of 
84.31 	the department to serve as a child care provider liaison and advocate. The child care 
84.32 	provider liaison and advocate must be responsive to requests from providers by providing 
85.1 	information or assistance in obtaining or renewing licenses, meeting state regulatory 
85.2 	requirements, or resolving disputes with state agencies or other political subdivisions.

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

85.4 	Sec. 17. LEGISLATIVE TASK FORCE ON CHILD CARE.
 85.5 		Subdivision 1.Creation. A legislative task force on child care is created to review 
85.6 	the loss of child care providers in the state, assess affordability issues for providers and 
85.7 	parents, and identify areas that need to be addressed by the legislature.
85.8 		Subd. 2.Membership. Task force members shall include:
85.9 	(1) four members from the house of representatives appointed by the speaker of the 
85.10 	house, two from the majority party and two from the minority party; and
85.11 	(2) four members from the senate appointed by the majority leader, two from the 
85.12 	majority party and two from the minority party.
85.13 		Subd. 3.Duties. (a) The task force may:
85.14 	(1) evaluate factors that contribute to child care costs for providers and families;
85.15 	(2) assess the child care provider shortage in greater Minnesota;
85.16 	(3) review the current preservice and in-service training requirements for family 
85.17 	child care providers and child care center staff. The review shall include training required 
85.18 	for licensure, including staff credentialing for child care center staff positions and the ways 
85.19 	in which the training aligns with Minnesota's Career Lattice and Minnesota's Knowledge 
85.20 	and Competency Framework for Early Childhood and School-Aged Care Practitioners;
85.21 	(4) review the availability of training that is in place to meet the training needs of 
85.22 	providers, including the content of the training, cost, and delivery methods;
85.23 	(5) consider creation of a board of child care to be responsible for all matters related 
85.24 	to licensing of child care providers, both in-home and center-based programs, and to 
85.25 	employ an advocate for child care providers;
85.26 	(6) review the process of issuing and resolving correction orders issued to child 
85.27 	care providers;
85.28 	(7) consider uniform training requirements for county employees and their 
85.29 	supervisors who perform duties related to licensing;
85.30 	(8) review progress being made by the commissioner of human services to streamline 
85.31 	paperwork and reduce redundancies for child care providers; 
85.32 	(9) review the time it takes for the department to provide child care assistance 
85.33 	program reimbursement to providers; and
85.34 	(10) consider options for conducting exit interviews with providers who leave the 
85.35 	child care field or choose not to be relicensed.
86.1 	(b) Task force members may receive input from the commissioners of human 
86.2 	services and economic development, providers, and stakeholders to review all action items.
86.3 		Subd. 4.Recommendations and report. The task force, in cooperation with the 
86.4 	commissioner of human services, shall issue a report to the legislature and governor by 
86.5 	December 31, 2016. The report must contain summary information obtained during 
86.6 	the task force meetings and recommendations for additional legislative changes and 
86.7 	procedures affecting child care.

86.8 	EFFECTIVE DATE. This section is effective the day following final enactment 
86.9 	and sunsets on December 31, 2016.

86.10 	Sec. 18. DIRECTION TO COMMISSIONERS; INCOME AND ASSET 
86.11 	EXCLUSION.
 86.12 	(a) The commissioner of human services shall not count payments made to families 
86.13 	by the income and child development in the first three years of life demonstration 
86.14 	project as income or assets for purposes of determining or redetermining eligibility for 
86.15 	child care assistance programs under Minnesota Statutes, chapter 119B; the Minnesota 
86.16 	family investment program, work benefit program, or diversionary work program under 
86.17 	Minnesota Statutes, chapter 256J, during the duration of the demonstration.
86.18 	(b) The commissioner of human services shall not count payments made to families 
86.19 	by the income and child development in the first three years of life demonstration project 
86.20 	as income for purposes of determining or redetermining eligibility for medical assistance 
86.21 	under Minnesota Statutes, chapter 256B, and MinnesotaCare under Minnesota Statutes, 
86.22 	chapter 256L.
86.23 	(c) For the purposes of this section, "income and child development in the first 
86.24 	three years of life demonstration project" means a demonstration project funded by the 
86.25 	United States Department of Health and Human Services National Institutes of Health to 
86.26 	evaluate whether the unconditional cash payments have a causal effect on the cognitive, 
86.27 	socioemotional, and brain development of infants and toddlers.
86.28 	(d) This section shall only be implemented if Minnesota is chosen as a site for 
86.29 	the child development in the first three years of life demonstration project, and expires 
86.30 	January 1, 2022.
86.31 	(e) The commissioner of human services shall provide a report to the chairs and 
86.32 	ranking minority members of the legislative committees having jurisdiction over human 
86.33 	services issues by January 1, 2023, informing the legislature on the progress and outcomes 
86.34 	of the demonstration under this section.

87.1 	EFFECTIVE DATE. Paragraph (b) is effective August 16, 2016, or upon federal 
87.2 	approval, whichever is later.

87.3 	Sec. 19.  REPEALER; HANDS OFF CHILD CARE.
 87.4 	Minnesota Statutes 2014, sections 179A.50; 179A.51; 179A.52; and 179A.53, are 
87.5 	repealed.

87.6 	ARTICLE 7
87.7 	HEALTH-RELATED LICENSING
87.8 	GENETIC COUNSELORS

87.9 	Section 1. [147F.01] DEFINITIONS.
87.10 		Subdivision 1.Applicability. For purposes of sections 147F.01 to 147F.17, the 
87.11 	terms defined in this section have the meanings given them.
87.12 		Subd. 2.ABGC. "ABGC" means the American Board of Genetic Counseling, a 
87.13 	national agency for certification and recertification of genetic counselors, or its successor 
87.14 	organization or equivalent.
87.15 		Subd. 3.ABMG. "ABMG" means the American Board of Medical Genetics, 
87.16 	a national agency for certification and recertification of genetic counselors, medical 
87.17 	geneticists, and Ph.D. geneticists, or its successor organization.
87.18 		Subd. 4.ACGC. "ACGC" means the Accreditation Council for Genetic Counseling, 
87.19 	a specialized program accreditation board for educational training programs granting 
87.20 	master's degrees or higher in genetic counseling, or its successor organization.
87.21 		Subd. 5.Board. "Board" means the Board of Medical Practice.
87.22 		Subd. 6.Eligible status. "Eligible status" means an applicant who has met the 
87.23 	requirements and received approval from the ABGC to sit for the certification examination.
87.24 		Subd. 7.Genetic counseling. "Genetic counseling" means the provision of services 
87.25 	described in section 147F.03 to help clients and their families understand the medical, 
87.26 	psychological, and familial implications of genetic contributions to a disease or medical 
87.27 	condition.
87.28 		Subd. 8.Genetic counselor. "Genetic counselor" means an individual licensed 
87.29 	under sections 147F.01 to 147F.17 to engage in the practice of genetic counseling.
87.30 		Subd. 9.Licensed physician. "Licensed physician" means an individual who is 
87.31 	licensed to practice medicine under chapter 147.
88.1 		Subd. 10.NSGC. "NSGC" means the National Society of Genetic Counselors, a 
88.2 	professional membership association for genetic counselors that approves continuing 
88.3 	education programs.
88.4 		Subd. 11.Qualified supervisor. "Qualified supervisor" means any person who is 
88.5 	licensed under sections 147F.01 to 147F.17 as a genetic counselor or a physician licensed 
88.6 	under chapter 147 to practice medicine in Minnesota.
88.7 		Subd. 12.Supervisee. "Supervisee" means a genetic counselor with a provisional 
88.8 	license.
88.9 		Subd. 13.Supervision. "Supervision" means an assessment of the work of the 
88.10 	supervisee, including regular meetings and file review, by a qualified supervisor according 
88.11 	to the supervision contract. Supervision does not require the qualified supervisor to be 
88.12 	present while the supervisee provides services.

88.13 	Sec. 2. [147F.03] SCOPE OF PRACTICE.
88.14 	The practice of genetic counseling by a licensed genetic counselor includes the 
88.15 	following services:
88.16 	(1) obtaining and interpreting individual and family medical and developmental 
88.17 	histories;
88.18 	(2) determining the mode of inheritance and the risk of transmitting genetic 
88.19 	conditions and birth defects;
88.20 	(3) discussing the inheritance, features, natural history, means of diagnosis, and 
88.21 	management of conditions with clients;
88.22 	(4) identifying, coordinating, ordering, and explaining the clinical implications of 
88.23 	genetic laboratory tests and other laboratory studies;
88.24 	(5) assessing psychosocial factors, including social, educational, and cultural issues;
88.25 	(6) providing client-centered counseling and anticipatory guidance to the client or 
88.26 	family based on their responses to the condition, risk of occurrence, or risk of recurrence;
88.27 	(7) facilitating informed decision-making about testing and management;
88.28 	(8) identifying and using community resources that provide medical, educational, 
88.29 	financial, and psychosocial support and advocacy; and
88.30 	(9) providing accurate written medical, genetic, and counseling information for 
88.31 	families and health care professionals.

88.32 	Sec. 3. [147F.05] UNLICENSED PRACTICE PROHIBITED; PROTECTED 
88.33 	TITLES AND RESTRICTIONS ON USE.
89.1 		Subdivision 1.Protected titles. No individual may use the title "genetic counselor," 
89.2 	"licensed genetic counselor," "gene counselor," "genetic consultant," "genetic assistant," 
89.3 	"genetic associate," or any words, letters, abbreviations, or insignia indicating or implying 
89.4 	that the individual is eligible for licensure by the state as a genetic counselor unless the 
89.5 	individual has been licensed as a genetic counselor according to sections 147F.01 to 
89.6 	147F.17.
89.7 		Subd. 2.Unlicensed practice prohibited. Effective January 1, 2018, no individual 
89.8 	may practice genetic counseling unless the individual is licensed as a genetic counselor 
89.9 	sections 147F.01 to 147F.17 except as otherwise provided under sections 147F.01 to 
89.10 	147F.17.
89.11 		Subd. 3.Other practitioners. (a) Nothing in sections 147F.01 to 147F.17 shall be 
89.12 	construed to prohibit or restrict the practice of any profession or occupation licensed 
89.13 	or registered by the state by an individual duly licensed or registered to practice the 
89.14 	profession or occupation or to perform any act that falls within the scope of practice 
89.15 	of the profession or occupation. 
89.16 	(b) Nothing in sections 147F.01 to 147F.17 shall be construed to require a license 
89.17 	under sections 147F.01 to 147F.17 for:
89.18 	(1) an individual employed as a genetic counselor by the federal government or a 
89.19 	federal agency if the individual is providing services under the direction and control of 
89.20 	the employer;
89.21 	(2) a student or intern, having graduated within the past six months, or currently 
89.22 	enrolled in an ACGC-accredited genetic counseling educational program providing 
89.23 	genetic counseling services that are an integral part of the student's or intern's course 
89.24 	of study, are performed under the direct supervision of a licensed genetic counselor or 
89.25 	physician who is on duty in the assigned patient care area, and the student is identified by 
89.26 	the title "genetic counseling intern"; 
89.27 	(3) a visiting ABGC- or ABMG-certified genetic counselor working as a consultant 
89.28 	in this state who permanently resides outside of the state, or the occasional use of services 
89.29 	from organizations from outside of the state that employ ABGC- or ABMG-certified 
89.30 	genetic counselors. This is limited to practicing for 30 days total within one calendar year. 
89.31 	Certified genetic counselors from outside of the state working as a consultant in this state 
89.32 	must be licensed in their state of residence if that credential is available; or
89.33 	(4) an individual who is licensed to practice medicine under chapter 147.
89.34 		Subd. 4.Sanctions. An individual who violates this section is guilty of a 
89.35 	misdemeanor and shall be subject to sanctions or actions according to section 214.11.

90.1 	Sec. 4. [147F.07] LICENSURE REQUIREMENTS.
90.2 		Subdivision 1.General requirements for licensure. To be eligible for licensure, an 
90.3 	applicant, with the exception of those seeking licensure by reciprocity under subdivision 
90.4 	2, must submit to the board:
90.5 	(1) a completed application on forms provided by the board along with all fees 
90.6 	required under section 147F.17. The applicant must include:
90.7 	(i) the applicant's name, Social Security number, home address and telephone 
90.8 	number, and business address and telephone number if currently employed;
90.9 	(ii) the name and location of the genetic counseling or medical program the applicant 
90.10 	completed;
90.11 	(iii) a list of degrees received from other educational institutions;
90.12 	(iv) a description of the applicant's professional training;
90.13 	(v) a list of registrations, certifications, and licenses held in other jurisdictions;
90.14 	(vi) a description of any other jurisdiction's refusal to credential the applicant;
90.15 	(vii) a description of all professional disciplinary actions initiated against the 
90.16 	applicant in any jurisdiction; and
90.17 	(viii) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
90.18 	(2) evidence of graduation from an education program accredited by the ACGC or 
90.19 	its predecessor or successor organization;
90.20 	(3) a verified copy of a valid and current certification issued by the ABGC or ABMG 
90.21 	as a certified genetic counselor, or by the ABMG as a certified medical geneticist;
90.22 	(4) additional information as requested by the board, including any additional 
90.23 	information necessary to ensure that the applicant is able to practice with reasonable skill 
90.24 	and safety to the public;
90.25 	(5) a signed statement verifying that the information in the application is true and 
90.26 	correct to the best of the applicant's knowledge and belief; and
90.27 	(6) a signed waiver authorizing the board to obtain access to the applicant's records 
90.28 	in this or any other state in which the applicant completed an educational program or 
90.29 	engaged in the practice of genetic counseling.
90.30 		Subd. 2.Licensure by reciprocity. To be eligible for licensure by reciprocity, 
90.31 	the applicant must hold a current genetic counselor or medical geneticist registration 
90.32 	or license in another state, the District of Columbia, or a territory of the United States, 
90.33 	whose standards for registration or licensure are at least equivalent to those of Minnesota, 
90.34 	and must:
90.35 	(1) submit the application materials and fees as required by subdivision 1, clauses 
90.36 	(1), (2), and (4) to (6);
91.1 	(2) provide a verified copy from the appropriate government body of a current 
91.2 	registration or license for the practice of genetic counseling in another jurisdiction that has 
91.3 	initial registration or licensing requirements equivalent to or higher than the requirements 
91.4 	in subdivision 1; and
91.5 	(3) provide letters of verification from the appropriate government body in each 
91.6 	jurisdiction in which the applicant holds a registration or license. Each letter must state 
91.7 	the applicant's name, date of birth, registration or license number, date of issuance, a 
91.8 	statement regarding disciplinary actions, if any, taken against the applicant, and the terms 
91.9 	under which the registration or license was issued.
91.10 		Subd. 3.Licensure by equivalency. (a) The board may grant a license to an 
91.11 	individual who does not meet the certification requirements in subdivision 1 but who 
91.12 	has been employed as a genetic counselor for a minimum of ten years and provides the 
91.13 	following documentation to the board no later than February 1, 2018:
91.14 	(1) proof of a master's or higher degree in genetics or related field of study from an 
91.15 	accredited educational institution;
91.16 	(2) proof that the individual has never failed the ABGC or ABMG certification 
91.17 	examination;
91.18 	(3) three letters of recommendation, with at least one from an individual eligible for 
91.19 	licensure under sections 147F.01 to 147F.17, and at least one from an individual certified 
91.20 	as a genetic counselor by the ABGC or ABMG or an individual certified as a medical 
91.21 	geneticist by the ABMG. An individual who submits a letter of recommendation must 
91.22 	have worked with the applicant in an employment setting during the past ten years and 
91.23 	must attest to the applicant's competency; and 
91.24 	(4) documentation of the completion of 100 hours of NSGC-approved continuing 
91.25 	education credits within the past five years.
91.26 	(b) This subdivision expires February 1, 2018.
91.27 		Subd. 4.License expiration. A genetic counselor license shall be valid for one 
91.28 	year from the date of issuance.
91.29 		Subd. 5.License renewal. To be eligible for license renewal, a licensed genetic 
91.30 	counselor must submit to the board:
91.31 	(1) a renewal application on a form provided by the board;
91.32 	(2) the renewal fee required under section 147F.17;
91.33 	(3) evidence of compliance with the continuing education requirements in section 
91.34 	147F.11; and
91.35 	(4) any additional information requested by the board.

92.1 	Sec. 5. [147F.09] BOARD ACTION ON APPLICATIONS FOR LICENSURE.
92.2 	(a) The board shall act on each application for licensure according to paragraphs 
92.3 	(b) to (d).
92.4 	(b) The board shall determine if the applicant meets the requirements for licensure 
92.5 	under section 147F.07. The board may investigate information provided by an applicant to 
92.6 	determine whether the information is accurate and complete.
92.7 	(c) The board shall notify each applicant in writing of action taken on the application, 
92.8 	the grounds for denying licensure if a license is denied, and the applicant's right to review 
92.9 	the board's decision under paragraph (d).
92.10 	(d) Applicants denied licensure may make a written request to the board, within 30 
92.11 	days of the board's notice, to appear before the advisory council and for the advisory 
92.12 	council to review the board's decision to deny the applicant's license. After reviewing the 
92.13 	denial, the advisory council shall make a recommendation to the board as to whether 
92.14 	the denial shall be affirmed. Each applicant is allowed only one request for review per 
92.15 	licensure period.

92.16 	Sec. 6. [147F.11] CONTINUING EDUCATION REQUIREMENTS.
92.17 	(a) A licensed genetic counselor must complete a minimum of 25 hours of NSGC- 
92.18 	or ABMG-approved continuing education units every two years. If a licensee's renewal 
92.19 	term is prorated to be more or less than one year, the required number of continuing 
92.20 	education units is prorated proportionately.
92.21 	(b) The board may grant a variance to the continuing education requirements 
92.22 	specified in this section if a licensee demonstrates to the satisfaction of the board that the 
92.23 	licensee is unable to complete the required number of educational units during the renewal 
92.24 	term. The board may allow the licensee to complete the required number of continuing 
92.25 	education units within a time frame specified by the board. In no case shall the board 
92.26 	allow the licensee to complete less than the required number of continuing education units.

92.27 	Sec. 7. [147F.13] DISCIPLINE; REPORTING.
92.28 	For purposes of sections 147F.01 to 147F.17, licensed genetic counselors and 
92.29 	applicants are subject to sections 147.091 to 147.162.

92.30 	Sec. 8. [147F.15] LICENSED GENETIC COUNSELOR ADVISORY COUNCIL.
92.31 		Subdivision 1.Membership. The board shall appoint a five-member Licensed 
92.32 	Genetic Counselor Advisory Council. One member must be a licensed physician with 
93.1 	experience in genetics, three members must be licensed genetic counselors, and one 
93.2 	member must be a public member.
93.3 		Subd. 2.Organization. The advisory council shall be organized and administered 
93.4 	as provided in section 15.059.
93.5 		Subd. 3.Duties. The advisory council shall:
93.6 	(1) advise the board regarding standards for licensed genetic counselors;
93.7 	(2) provide for distribution of information regarding licensed genetic counselor 
93.8 	practice standards;
93.9 	(3) advise the board on enforcement of sections 147F.01 to 147F.17;
93.10 	(4) review applications and recommend granting or denying licensure or license 
93.11 	renewal;
93.12 	(5) advise the board on issues related to receiving and investigating complaints, 
93.13 	conducting hearings, and imposing disciplinary action in relation to complaints against 
93.14 	licensed genetic counselors; and
93.15 	(6) perform other duties authorized for advisory councils by chapter 214, as directed 
93.16 	by the board.
93.17 		Subd. 4.Expiration. Notwithstanding section 15.059, the advisory council does 
93.18 	not expire.

93.19 	Sec. 9. [147F.17] FEES.
93.20 		Subdivision 1.Fees. Fees are as follows:
93.21 	(1) license application fee, $200;
93.22 	(2) initial licensure and annual renewal, $150;
93.23 	(3) provisional license fee, $150; and
93.24 	(4) late fee, $75.
93.25 		Subd. 2.Proration of fees. The board may prorate the initial license fee. All 
93.26 	licensees are required to pay the full fee upon license renewal.
93.27 		Subd. 3.Penalty for late renewals. An application for registration renewal 
93.28 	submitted after the deadline must be accompanied by a late fee in addition to the required 
93.29 	fees. 
93.30 		Subd. 4.Nonrefundable fees. All fees are nonrefundable.
93.31 		Subd. 5.Deposit. Fees collected by the board under this section shall be deposited 
93.32 	in the state government special revenue fund.
93.33 	MASSAGE AND BODYWORK THERAPY ACT

93.34 	Sec. 10. [148.981] CITATION.
94.1 	Sections 148.981 to 148.9886 may be cited as the "Minnesota Massage and 
94.2 	Bodywork Therapy Act."

94.3 	EFFECTIVE DATE. This section is effective August 1, 2016.

94.4 	Sec. 11. [148.982] DEFINITIONS.
94.5 		Subdivision 1.Applicability. The definitions in this section apply to sections 
94.6 	148.981 to 148.9885.
94.7 		Subd. 2.Advertise. "Advertise" means to publish, display, broadcast, or disseminate 
94.8 	information by any means that can be reasonably construed as an advertisement.
94.9 		Subd. 3.Advisory council. "Advisory council" means the Registered Massage and 
94.10 	Bodywork Therapist Advisory Council established under section 148.9861.
94.11 		Subd. 4.Applicant. "Applicant" means an individual applying for registration or 
94.12 	renewal according to sections 148.981 to 148.9886.
94.13 		Subd. 5.Board. "Board" means the Minnesota Board of Nursing.
94.14 		Subd. 6.Client. "Client" means a recipient of massage and bodywork therapy 
94.15 	services.
94.16 		Subd. 7.Competency exam. "Competency exam" means a massage and bodywork 
94.17 	therapy competency assessment that is approved by the board and is psychometrically 
94.18 	valid, based on a job task analysis, and administered by a national testing organization.
94.19 		Subd. 8.Contact hour. "Contact hour" means an instructional session of at least 
94.20 	50 consecutive minutes, excluding coffee breaks, registration, meals without a speaker, 
94.21 	and social activities.
94.22 		Subd. 9.Credential. "Credential" means a license, registration, or certification.
94.23 		Subd. 10.Health care provider. "Health care provider" means a person who has a 
94.24 	state credential to provide one or more of the following services: medical as defined in 
94.25 	section 147.081, chiropractic as defined in section 148.01, podiatry as defined in section 
94.26 	153.01, dentistry as defined in section 150A.01, physical therapy as defined in section 
94.27 	148.65, or other state-credentialed providers.
94.28 		Subd. 11.Massage and bodywork therapy. "Massage and bodywork therapy" 
94.29 	means a health care service involving systematic and structured touch and palpation, and 
94.30 	pressure and movement of the muscles, tendons, ligaments, and fascia, in order to reduce 
94.31 	muscle tension, relieve soft tissue pain, improve circulation, increase flexibility, increase 
94.32 	activity of the parasympathetic branch of the autonomic nervous system, or to promote 
94.33 	general wellness, by use of the techniques and applications described in section 148.983. 
94.34 	This definition applies to massage and bodywork therapy performed by individuals 
95.1 	registered under sections 148.981 to 148.9886, and does not apply to practitioners who 
95.2 	provide complementary and alternative health care under chapter 146A.
95.3 		Subd. 12.Municipality. "Municipality" means a county, town, or home rule 
95.4 	charter or statutory city.
95.5 		Subd. 13.Physical agent modality. "Physical agent modality" means modalities 
95.6 	that use the properties of light, water, temperature, sound, and electricity to produce 
95.7 	a response in soft tissue.
95.8 		Subd. 14.Practice of massage and bodywork therapy. "Practice of massage and 
95.9 	bodywork therapy" means to engage professionally for compensation or as a volunteer in 
95.10 	massage and bodywork therapy or the instruction of professional technique coursework. 
95.11 	This definition applies to massage and bodywork therapy performed by individuals 
95.12 	registered under sections 148.981 to 148.9886, and does not apply to practitioners who 
95.13 	provide complementary and alternative health care under chapter 146A.
95.14 		Subd. 15.Professional organization. "Professional organization" means an 
95.15 	organization that represents massage and bodywork therapists, was established before 
95.16 	the year 2005, offers professional liability insurance as a benefit of membership, has an 
95.17 	established code of professional ethics, and is board approved.
95.18 		Subd. 16.Registered massage and bodywork therapist or registrant. "Registered 
95.19 	massage and bodywork therapist" or "registrant" means a health care provider registered 
95.20 	according to sections 148.981 to 148.9886, for the practice of massage and bodywork 
95.21 	therapy.
95.22 		Subd. 17.State. "State" means any state in the United States, the District of 
95.23 	Columbia, Puerto Rico, the United States Virgin Islands, or Guam; or any Canadian 
95.24 	province or similar political subdivision of a foreign country; except "this state" means the 
95.25 	state of Minnesota.

95.26 	EFFECTIVE DATE. This section is effective August 1, 2016.

95.27 	Sec. 12. [148.983] MASSAGE AND BODYWORK THERAPY.
95.28 	(a) For purposes of sections 148.981 to 148.9886, the practice of massage and 
95.29 	bodywork therapy by a registered massage and bodywork therapist includes the following:
95.30 	(1) use of any or all of the following techniques using the hands, forearms, elbows, 
95.31 	knees, or feet, or handheld, nonpuncturing, mechanical, or electrical devices that 
95.32 	mimic or enhance the actions of the human hands: effleurage or gliding; petrissage or 
95.33 	kneading; vibration and jostling; friction; tapotement or percussion; compression; fascial 
95.34 	manipulation; passive stretching within the normal anatomical range of motion; and
96.1 	(2) application and use of any of the following: oils, lotions, gels, rubbing alcohol, or 
96.2 	powders for the purpose of lubricating the skin to be massaged; creams, with the exception 
96.3 	of prescription medicinal creams; hot or cold stones; essential oils as used in aromatherapy 
96.4 	for inhalation or diluted for topical application; salt glows and wraps; or heat or ice.
96.5 	(b) The practice of massage and bodywork therapy does not include any of the 
96.6 	following:
96.7 	(1) diagnosing any illness or disease;
96.8 	(2) altering a course of recommended massage and bodywork therapy when 
96.9 	recommended by a state-credentialed health care provider without first consulting that 
96.10 	health care provider;
96.11 	(3) prescription of drugs or medicines;
96.12 	(4) intentional adjustment, manipulation, or mobilization of abnormal articulations, 
96.13 	neurological disturbances, structural alterations, biomechanical alterations as described in 
96.14 	section 148.01, including by means of a high-velocity, low-amplitude thrusting force or by 
96.15 	means of manual therapy or mechanical therapy for the manipulation or adjustment of 
96.16 	joint articulation as defined in section 146.23; or
96.17 	(5) application of physical agent modalities, needles that puncture the skin, or 
96.18 	injection therapy.

96.19 	EFFECTIVE DATE. This section is effective August 1, 2016.

96.20 	Sec. 13. [148.984] LIMITATIONS ON PRACTICE.
96.21 	If a reasonably prudent massage and bodywork therapist finds a client's medical 
96.22 	condition is beyond the scope of practice established by sections 148.981 to 148.9886, or 
96.23 	by rules of the board for a registered massage and bodywork therapist, the massage and 
96.24 	bodywork therapist must refer the client to a health care provider as defined in sections 
96.25 	148.981 to 148.9885, but is not prohibited from comanaging the client.

96.26 	EFFECTIVE DATE. This section is effective August 1, 2016.

96.27 	Sec. 14. [148.985] PROTECTED TITLES AND RESTRICTIONS ON USE.
96.28 		Subdivision 1.Designation. An individual regulated by sections 148.981 to 
96.29 	148.9886, is designated as a "registered massage and bodywork therapist" or "RMBT."
96.30 		Subd. 2.Title protection. Effective July 1, 2017, no individual may use the title 
96.31 	"registered massage and bodywork therapist," or use, in connection with the individual's 
96.32 	name, the letters "RMBT," or any other titles, words, letters, abbreviations, or insignia 
96.33 	indicating or implying that the individual is registered or eligible for registration by this 
97.1 	state as a registered massage therapist unless the individual has been registered under 
97.2 	sections 148.981 to 148.9886.
97.3 		Subd. 3.Identification of registrants. (a) A massage and bodywork therapist 
97.4 	registered according to sections 148.981 to 148.9886 shall be identified as a "registered 
97.5 	massage and bodywork therapist." If not written in full, this must be designated as "RMBT."
97.6 	(b) The board may adopt rules for the implementation of this section, including the 
97.7 	identification of terms or references that may be used only by registered massage and 
97.8 	bodywork therapists as necessary to protect the public.
97.9 	(c) A massage and bodywork therapist who is credentialed by another state, or who 
97.10 	holds a certification from organizations, agencies, or educational providers may advertise 
97.11 	using those terms or letters to indicate that credential, provided that the credentialing 
97.12 	body is clearly identified.
97.13 		Subd. 4.Other health care providers. Nothing in sections 148.981 to 148.9886 
97.14 	may be construed to prohibit, restrict the practice of, or require massage and bodywork 
97.15 	therapy registration of any of the following:
97.16 	(1) a health care provider credentialed by this state, using massage and bodywork 
97.17 	therapy techniques within the scope of the provider's credential, provided the provider does 
97.18 	not advertise or imply that they are registered according to sections 148.981 to 148.9886; or
97.19 	(2) a practitioner who is engaged in providing complementary and alternative health 
97.20 	care practices as defined in section 146A.01, subdivision 4, provided that the practitioner 
97.21 	does not advertise or imply that they are registered according to sections 148.981 to 
97.22 	148.9886.

97.23 	EFFECTIVE DATE. This section is effective August 1, 2016.

97.24 	Sec. 15. [148.986] POWERS OF BOARD.
97.25 	The board, acting with the advice of the advisory council, shall issue registrations to 
97.26 	duly qualified applicants and shall exercise the following powers and duties:
97.27 	(1) adopt rules, including standards of practice and a professional code of ethics, 
97.28 	consistent with the law, as may be necessary to enable the board to implement the 
97.29 	provisions of sections 148.981 to 148.9886;
97.30 	(2) assign duties to the advisory council that are necessary to implement the 
97.31 	provisions of sections 148.981 to 148.9886;
97.32 	(3) approve or conduct a competency exam;
97.33 	(4) enforce sections 148.981 to 148.9886, including by causing the prosecution for 
97.34 	violations of section 148.9882 by a registrant or applicant; impose discipline as described 
97.35 	in section 148.9882, and incur any necessary expense;
98.1 	(5) maintain a record of names and addresses of registrants;
98.2 	(6) keep a permanent record of all its proceedings;
98.3 	(7) distribute information regarding massage and bodywork therapy standards, 
98.4 	including applications and forms necessary to carry into effect the provisions of sections 
98.5 	148.981 to 148.9886;
98.6 	(8) take action on applications according to section 148.9881; and
98.7 	(9) employ and establish the duties of necessary personnel.

98.8 	EFFECTIVE DATE. This section is effective August 1, 2016.

98.9 	Sec. 16. [148.9861] REGISTERED MASSAGE AND BODYWORK THERAPIST 
98.10 	ADVISORY COUNCIL.
98.11 		Subdivision 1.Creation; membership. (a) The Registered Massage and Bodywork 
98.12 	Therapist Advisory Council is created and is composed of five members appointed by 
98.13 	the board. All members must have resided in this state for at least three years prior to 
98.14 	appointment. The advisory council consists of:
98.15 	(1) two public members, as defined in section 214.02;
98.16 	(2) three members who, except for initial appointees, are registered massage and 
98.17 	bodywork therapists. Initial appointees must practice massage and bodywork therapy. 
98.18 	An initial appointee shall be removed from the council if the appointee does not obtain 
98.19 	registration under section 148.987 within a reasonable time after registration procedures 
98.20 	are established.
98.21 	(b) A person may not be appointed to serve more than two consecutive full terms.
98.22 	(c) No more than one member of the advisory council may be an owner or 
98.23 	administrator of a massage and bodywork therapy education provider.
98.24 		Subd. 2.Vacancies. When a vacancy occurs for a member who is a registered 
98.25 	massage and bodywork therapist, the board may appoint a member from among qualified 
98.26 	candidates or from a list of nominees submitted by professional organizations that contains 
98.27 	twice the number of nominees as vacancies. The board may fill vacancies occurring on 
98.28 	the advisory council for unexpired terms according to this section. Members shall retain 
98.29 	membership until a qualified successor is appointed.
98.30 		Subd. 3.Administration. The advisory council shall be organized and administered 
98.31 	under section 15.059. The council shall not expire.
98.32 		Subd. 4.Duties. The advisory council shall advise the board regarding:
98.33 	(1) establishment of standards of practice and a code of ethics for registered massage 
98.34 	and bodywork therapists;
98.35 	(2) distribution of information regarding massage and bodywork standards;
99.1 	(3) enforcement of sections 148.981 to 148.9886;
99.2 	(4) applications and recommendations of applicants for registration or registration 
99.3 	renewal;
99.4 	(5) complaints and recommendations regarding disciplinary matters and proceedings 
99.5 	according to sections 214.10; 214.103; and 214.13, subdivisions 6 and 7;
99.6 	(6) approval or creation of a competency exam granting status as an approved 
99.7 	education provider; and
99.8 	(7) performance of other duties of advisory councils under chapter 214, or as 
99.9 	directed by the board.

99.10 	EFFECTIVE DATE. This section is effective August 1, 2016.

99.11 	Sec. 17. [148.987] REGISTRATION REQUIREMENTS.
99.12 		Subdivision 1.Registration. To be eligible for registration according to sections 
99.13 	148.981 to 148.9886, an applicant must:
99.14 	(1) pay applicable fees;
99.15 	(2) submit to a criminal background check and pay the fees associated with obtaining 
99.16 	the criminal background check. The background check shall be conducted in accordance 
99.17 	with section 214.075; and 
99.18 	(3) file a written application on a form provided by the board that includes:
99.19 	(i) the applicant's name, Social Security number, home address and telephone 
99.20 	number, business address and telephone number, and business setting;
99.21 	(ii) proof, as required by the board, of:
99.22 	(A) having obtained a high school diploma or its equivalent;
99.23 	(B) being 18 years of age or older;
99.24 	(C) current cardiopulmonary resuscitation and first aid certification;
99.25 	(D) current professional liability insurance coverage, with a minimum of $1,000,000 
99.26 	of coverage per occurrence; and
99.27 	(E) proof, as required by the board, that the applicant has completed a postsecondary 
99.28 	course of study that included a minimum of 500 contact hours of combined massage and 
99.29 	bodywork therapy, theory, and practice training consisting of at least:
99.30 	i. 120 combined hours of science, including anatomy and physiology, kinesiology, 
99.31 	pathology, hygiene, and standard precautions; and
99.32 	ii. 340 combined clinical and practice hours, including massage and bodywork 
99.33 	therapy techniques; supervised practice; professional ethics and standards of practice; 
99.34 	business and legal practices related to massage and bodywork therapy; and history, theory, 
99.35 	and research related to massage and bodywork therapy;
100.1 	(iii) unless registered under subdivision 3 or 4, successful completion of a 
100.2 	competency exam;
100.3 	(iv) a list of credentials or memberships held in this state or other states or from 
100.4 	private credentialing or professional organizations;
100.5 	(v) a description of any other state or municipality's refusal to credential the applicant;
100.6 	(vi) a description of all professional disciplinary actions initiated against the 
100.7 	applicant in any jurisdiction;
100.8 	(vii) any history of drug or alcohol abuse;
100.9 	(viii) any misdemeanor or felony conviction;
100.10 	(ix) additional information as requested by the board;
100.11 	(x) the applicant's signature on a statement that the information in the application is 
100.12 	true and correct to the best of the applicant's knowledge; and
100.13 	(xi) the applicant's signature on a waiver authorizing the board to obtain access to 
100.14 	the applicant's records in this state or any other state in which the applicant has engaged in 
100.15 	the practice of massage and bodywork therapy.
100.16 		Subd. 2.Registration prohibited. The board shall deny an application for 
100.17 	registration if an applicant:
100.18 	(1) has been convicted in this state of any of the following crimes, or of equivalent 
100.19 	crimes in another state:
100.20 	(i) prostitution as defined under section 609.321, 609.324, or 609.3242;
100.21 	(ii) human trafficking as defined under section 609.282, 609.283, or 609.322;
100.22 	(iii) criminal sexual conduct under sections 609.342 to 609.3451, or 609.3453; or
100.23 	(iv) a violent crime as defined under section 611A.08, subdivision 6;
100.24 	(2) is a registered sex offender under section 243.166;
100.25 	(3) has been subject to disciplinary action under section 146A.09 or similar provision 
100.26 	under the laws of another state, if the board determines such a denial is necessary to 
100.27 	protect the public; or
100.28 	(4) is charged with or under investigation for a complaint in this state or any state 
100.29 	that would constitute a violation of statutes or rules established for the practice of massage 
100.30 	and bodywork therapy in this state, and the charge or complaint has not been resolved 
100.31 	in favor of the applicant.
100.32 		Subd. 3.Registration by endorsement. (a) To be eligible for registration by 
100.33 	endorsement, an applicant shall:
100.34 	(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and 
100.35 	(3), items (iv) to (xi); and
101.1 	(2) provide proof of a current and unrestricted equivalent credential in another 
101.2 	state that has qualifications at least equivalent to the requirements of sections 148.981 to 
101.3 	148.9886. The proof shall include records as required by rules of the board.
101.4 	(b) Registrations issued by endorsement shall expire on the same schedule and be 
101.5 	renewed by the same procedures as registrations issued under subdivision 1.
101.6 		Subd. 4.Registration by grandfathering. (a) To be eligible for registration by 
101.7 	grandfathering, an applicant shall:
101.8 	(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and 
101.9 	(3), items (iv) to (xi); and
101.10 	(2) provide documentation as specified by the board demonstrating the applicant has 
101.11 	met at least one of the following qualifications:
101.12 	(i) successful completion of at least 500 hours of supervised classroom and hands-on 
101.13 	instruction relating to massage and bodywork therapy;
101.14 	(ii) successful completion of a competency exam;
101.15 	(iii) evidence of experience in the practice of massage and bodywork therapy for at 
101.16 	least two of the previous five years immediately preceding application; or
101.17 	(iv) active membership in a professional organization for at least two of the previous 
101.18 	five years immediately preceding application.
101.19 	(b) Registrations issued by grandfathering shall expire and be renewed on the same 
101.20 	schedule and by the same procedures as registrations issued under subdivision 1.
101.21 	(c) This subdivision is effective for two years after the first date the board has made 
101.22 	applications available.
101.23 		Subd. 5.Temporary permit. A temporary permit to practice as a registered 
101.24 	massage and bodywork therapist may be issued to an applicant eligible for registration 
101.25 	under subdivision 1, 3, or 4, if the application for registration is complete, all applicable 
101.26 	requirements in this section have been met, and applicable fees have been paid. The 
101.27 	temporary permit remains valid until the board takes action on the applicant's application.

101.28 	EFFECTIVE DATE. This section is effective August 1, 2016.

101.29 	Sec. 18. [148.9871] EXPIRATION AND RENEWAL.
101.30 		Subdivision 1.Registration expiration. Registrations issued according to this 
101.31 	chapter expire annually.
101.32 		Subd. 2.Renewal. To be eligible for registration renewal, a registrant must 
101.33 	annually, or as determined by the board:
101.34 	(1) complete a renewal application on a form provided by the board;
101.35 	(2) submit applicable fees; and
102.1 	(3) submit any additional information requested by the board to clarify information 
102.2 	presented in the renewal application. The information must be submitted within 30 days 
102.3 	after the board's request, or the renewal request is canceled.
102.4 		Subd. 3.Change of address. A registrant who changes addresses must inform 
102.5 	the board within 30 days, in writing, of the change of address. Notices or other 
102.6 	correspondence mailed to or served on a registrant at the registrant's current address on 
102.7 	file shall be considered as having been received by the registrant.
102.8 		Subd. 4.Registration renewal notice. At least 60 days before the registration 
102.9 	renewal date, the board shall send out a renewal notice to the last known address of the 
102.10 	registrant on file. The notice must include a renewal application and a notice of fees 
102.11 	required for renewal. It must also inform the registrant that registration will expire without 
102.12 	further action by the board if an application for registration renewal is not received before 
102.13 	the deadline for renewal. The registrant's failure to receive this notice shall not relieve the 
102.14 	registrant of the obligation to meet the deadline and other requirements for registration 
102.15 	renewal. Failure to receive this notice is not grounds for challenging expiration of 
102.16 	registered status.
102.17 		Subd. 5.Renewal deadline. The renewal application and fee must be postmarked 
102.18 	on or before October 1 of the year of renewal or as determined by the board. If the 
102.19 	postmark is illegible, the application shall be considered timely if received by the third 
102.20 	working day after the deadline.
102.21 		Subd. 6.Inactive status and return to active status. (a) A registration may be 
102.22 	placed in inactive status upon application to the board by the registrant and upon payment 
102.23 	of an inactive status fee.
102.24 	(b) A registrant seeking restoration to active status from inactive status must pay 
102.25 	the current renewal fees and all unpaid back inactive fees. The registrant must meet 
102.26 	the criteria for renewal under subdivision 7 prior to submitting an application to regain 
102.27 	registered status. If the registrant has been in inactive status for more than five years, a 
102.28 	qualifying score on a competency exam is required.
102.29 		Subd. 7.Registration following lapse of registration status for two years or less.
 102.30 	In order for an individual whose registration status has lapsed for two years or less, to 
102.31 	regain registration status, the individual must:
102.32 	(1) apply for registration renewal according to subdivision 2; and
102.33 	(2) submit applicable fees for the period not registered, including the fee for late 
102.34 	renewal.
102.35 		Subd. 8.Cancellation due to nonrenewal. The board shall not renew, reissue, 
102.36 	reinstate, or restore a registration that has lapsed and has not been renewed within two 
103.1 	years. A registrant whose registration is canceled for nonrenewal must obtain a new 
103.2 	registration by applying for initial registration and fulfilling all requirements then in 
103.3 	existence for initial registration as a massage and bodywork therapist.
103.4 		Subd. 9.Cancellation of registration in good standing. (a) A registrant holding 
103.5 	active registration as a massage and bodywork therapist in this state may, upon approval 
103.6 	of the board, be granted registration cancellation if the board is not investigating the 
103.7 	person as a result of a complaint or information received or if the board has not begun 
103.8 	disciplinary proceedings against the registrant. Such action by the board shall be reported 
103.9 	as a cancellation of registration in good standing.
103.10 	(b) A registrant who receives board approval for registration cancellation is not 
103.11 	entitled to a refund of any registration fees paid for the registration period in which 
103.12 	cancellation of the registration occurred.
103.13 	(c) To obtain registration after cancellation, an applicant must obtain a new 
103.14 	registration by applying for initial registration and fulfilling the requirements then in 
103.15 	existence for obtaining initial registration according to sections 148.981 to 148.9886.

103.16 	EFFECTIVE DATE. This section is effective August 1, 2016.

103.17 	Sec. 19. [148.9881] BOARD ACTION ON APPLICATIONS.
103.18 	(a) The board shall act on each application for registration or renewal according 
103.19 	to paragraphs (b) and (d).
103.20 	(b) The board or advisory council shall determine if the applicant meets the 
103.21 	requirements for registration or renewal under section 148.987 or 148.9871. The board 
103.22 	or advisory council may investigate information provided by an applicant to determine 
103.23 	whether the information is accurate and complete, and may request additional information 
103.24 	or documentation.
103.25 	(c) The board shall notify each applicant, in writing, of action taken on the 
103.26 	application, the grounds for denying registration if registration is denied, and the 
103.27 	applicant's right to review under paragraph (d).
103.28 	(d) An applicant denied registration may make a written request to the board, within 
103.29 	30 days of the board's notice, to appear before the advisory council and for the advisory 
103.30 	council to review the board's decision to deny the applicant's registration. After reviewing 
103.31 	the denial, the advisory council shall make a recommendation to the board as to whether 
103.32 	the denial shall be affirmed. Each applicant is allowed only one request for review per 
103.33 	registration period.

103.34 	EFFECTIVE DATE. This section is effective August 1, 2016.

104.1 	Sec. 20. [148.9882] GROUNDS FOR DISCIPLINARY ACTION.
104.2 		Subdivision 1.Grounds listed. (a) The board may deny, revoke, suspend, limit, or 
104.3 	condition the registration of a registrant or registered massage and bodywork therapist, or 
104.4 	may otherwise discipline a registrant. The fact that massage and bodywork therapy may 
104.5 	be considered a less customary approach to health care shall not constitute the basis for 
104.6 	disciplinary action per se.
104.7 	(b) The following are grounds for disciplinary action, regardless of whether injury 
104.8 	to a client is established:
104.9 	(1) failing to demonstrate the qualifications or to satisfy the requirements for 
104.10 	registration contained in sections 148.981 to 148.9886, or rules of the board. In the case of 
104.11 	an applicant, the burden of proof is on the applicant to demonstrate the qualifications or 
104.12 	satisfy the requirements;
104.13 	(2) advertising in a false, fraudulent, deceptive, or misleading manner, including, 
104.14 	but not limited to:
104.15 	(i) advertising or holding oneself out as a "registered massage and bodywork 
104.16 	therapist" or any abbreviation or derivative thereof to indicate such a title, when such 
104.17 	registration is not valid or current for any reason;
104.18 	(ii) advertising or holding oneself out as a "licensed massage and bodywork 
104.19 	therapist" or any abbreviation or derivative thereof to indicate such a title, unless the 
104.20 	registrant currently holds a valid state license in another state and provided that the state 
104.21 	is clearly identified;
104.22 	(iii) advertising a service, the provision of which would constitute a violation of this 
104.23 	chapter or rules established by the board; and
104.24 	(iv) using fraud, deceit, or misrepresentation when communicating with the general 
104.25 	public, health care providers, or other business professionals;
104.26 	(3) falsifying information in a massage and bodywork therapy registration or renewal 
104.27 	application or attempting to obtain registration, registration renewal, or reinstatement by 
104.28 	fraud, deception, or misrepresentation, or aiding and abetting any of these acts;
104.29 	(4) engaging in conduct with a client that is sexual or may reasonably be interpreted 
104.30 	by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning 
104.31 	to a client, or engaging in sexual exploitation of a client, without regard to who initiates 
104.32 	such behaviors;
104.33 	(5) committing an act of gross malpractice, negligence, or incompetency, or failing 
104.34 	to practice massage and bodywork therapy with the level of care, skill, and treatment 
104.35 	that is recognized by a reasonably prudent massage and bodywork therapist as being 
104.36 	acceptable under similar conditions and circumstances;
105.1 	(6) having an actual or potential inability to practice massage and bodywork therapy 
105.2 	with reasonable skill and safety to clients by reason of illness, as a result of any mental 
105.3 	or physical condition, or use of alcohol, drugs, chemicals, or any other material. Being 
105.4 	adjudicated as mentally incompetent, mentally ill, a chemically dependent person, or a 
105.5 	person dangerous to the public by a court of competent jurisdiction, inside or outside 
105.6 	of this state, may be considered as evidence of an inability to practice massage and 
105.7 	bodywork therapy;
105.8 	(7) being the subject of disciplinary action as a massage and bodywork therapist by 
105.9 	another state or jurisdiction where the board or advisory council determines that the cause 
105.10 	of the disciplinary action would be a violation under this state's statutes or rules of the 
105.11 	board if the violation had occurred in this state;
105.12 	(8) failing to notify the board of revocation or suspension of a credential, or any 
105.13 	other disciplinary action taken by this or any other state, territory, or country, including 
105.14 	any restrictions on the right to practice; or the surrender or voluntary termination of a 
105.15 	credential during a board investigation of a complaint, as part of a disciplinary order, or 
105.16 	while under a disciplinary order;
105.17 	(9) conviction of a crime, including a finding or verdict of guilt, an admission of 
105.18 	guilt, or a no-contest plea, in any court in Minnesota or any other jurisdiction in the 
105.19 	United States, reasonably related to engaging in massage and bodywork therapy practices. 
105.20 	Conviction, as used in this clause, includes a conviction of an offense which, if committed 
105.21 	in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, without 
105.22 	regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of 
105.23 	guilty is made or returned but the adjudication of guilt is either withheld or not entered;
105.24 	(10) if a registrant is on probation, failing to abide by terms of that probation;
105.25 	(11) practicing or offering to practice beyond the scope of the practice of massage 
105.26 	and bodywork therapy;
105.27 	(12) managing client records and information improperly, including, but not limited 
105.28 	to failing to maintain adequate client records, comply with a client's request made according 
105.29 	to sections 144.291 to 144.298, or furnish a client record or report required by law;
105.30 	(13) revealing a privileged communication from or relating to a client except when 
105.31 	otherwise required or permitted by law;
105.32 	(14) providing massage and bodywork therapy services that are linked to the 
105.33 	financial gain of a referral source;
105.34 	(15) obtaining money, property, or services from a client, other than reasonable 
105.35 	fees for services provided to the client, through the use of undue influence, harassment, 
105.36 	duress, deception, or fraud;
106.1 	(16) engaging in abusive or fraudulent billing practices, including violations of 
106.2 	federal Medicare and Medicaid laws or state medical assistance laws;
106.3 	(17) failing to consult with a client's health care provider who prescribed a course of 
106.4 	massage and bodywork therapy treatment if the treatment needs to be altered from the 
106.5 	original written order to conform with standards in the massage and bodywork therapy 
106.6 	field or the registrant's level of training or experience;
106.7 	(18) failing to cooperate with an investigation of the board or its representatives, 
106.8 	including failing to respond fully and promptly to any question raised by or on behalf 
106.9 	of the board relating to the subject of the investigation, failing to execute all releases 
106.10 	requested by the board, failing to provide copies of client records, as reasonably requested 
106.11 	by the board to assist in its investigation, and failing to appear at conferences or hearings 
106.12 	scheduled by the board or its staff;
106.13 	(19) interfering with an investigation or disciplinary proceeding, including by willful 
106.14 	misrepresentation of facts or by the use of threats or harassment to prevent a person from 
106.15 	providing evidence in a disciplinary proceeding or any legal action;
106.16 	(20) violating a statute, rule, order, or agreement for corrective action that the board 
106.17 	issued or is otherwise authorized or empowered to enforce;
106.18 	(21) aiding or abetting a person in violating sections 148.981 to 148.9886;
106.19 	(22) failing to report to the board other massage and bodywork therapists who 
106.20 	commit violations of sections 148.981 to 148.9886; and
106.21 	(23) failing to notify the board, in writing, of the entry of a final judgment by a 
106.22 	court of competent jurisdiction against the registrant for malpractice of massage and 
106.23 	bodywork therapy, or any settlement by the registrant in response to charges or allegations 
106.24 	of malpractice of massage and bodywork therapy. The notice must be provided to the 
106.25 	board within 60 days after the entry of a judgment, and must contain the name of the 
106.26 	court, case number, and the names of all parties to the action.
106.27 		Subd. 2.Evidence. In disciplinary actions alleging a violation of subdivision 1, 
106.28 	a copy of the judgment or proceeding under the seal of the court administrator or of the 
106.29 	administrative agency that entered the same shall be admissible into evidence without 
106.30 	further authentication and shall constitute prima facie evidence of the violation.
106.31 		Subd. 3.Examination; access to medical data. The board may take the actions 
106.32 	described in section 148.261, subdivision 5, if it has probable cause to believe that 
106.33 	grounds for disciplinary action exist under subdivision 1, paragraph (b), clause (6). The 
106.34 	requirements and limitations described in section 148.261, subdivision 5, shall apply.

106.35 	EFFECTIVE DATE. This section is effective August 1, 2016.

107.1 	Sec. 21. [148.9883] DISCIPLINE; REPORTING.
107.2 	For purposes of sections 148.981 to 148.9886, registered massage and bodywork 
107.3 	therapists and applicants are subject to sections 148.262 to 148.266.

107.4 	EFFECTIVE DATE. This section is effective August 1, 2016.

107.5 	Sec. 22. [148.9884] EFFECT ON MUNICIPAL ORDINANCES.
107.6 		Subdivision 1.License authority. The provisions of sections 148.981 to 148.9886 
107.7 	preempt the licensure and regulation of registered massage and bodywork therapists 
107.8 	by a municipality, including, without limitation, conducting a criminal background 
107.9 	investigation and examination of a massage and bodywork therapist or applicant for a 
107.10 	municipality's credential to practice massage and bodywork therapy.
107.11 		Subd. 2.Municipal regulation. Nothing in sections 148.981 to 148.9886 shall 
107.12 	be construed to limit a municipality from:
107.13 	(1) requiring a massage business establishment to obtain a business license or permit 
107.14 	in order to transact business in the jurisdiction regardless of whether the massage business 
107.15 	establishment is operated by a registered or unregistered massage and bodywork therapist;
107.16 	(2) enforcing the provisions of health codes related to communicable diseases;
107.17 	(3) requiring a criminal background check of any unregistered massage and 
107.18 	bodywork therapist applying for a license to conduct massage and bodywork therapy 
107.19 	in the municipality; and
107.20 	(4) otherwise regulating massage business establishments by ordinance regardless of 
107.21 	whether the massage business establishment is operated by a registered or unregistered 
107.22 	massage and bodywork therapist.
107.23 		Subd. 3.Prosecuting authority. A municipality may prosecute violations of 
107.24 	sections 148.981 to 148.9886, a local ordinance, or any other law by a registered or 
107.25 	unregistered massage and bodywork therapist in its jurisdiction.

107.26 	EFFECTIVE DATE. This section is effective August 1, 2016.

107.27 	Sec. 23. [148.9885] FEES.
107.28 		Subdivision 1.Fees. Fees are as follows:
107.29 	(1) initial registration with application fee must not exceed $285;
107.30 	(2) annual registration renewal fee must not exceed $185;
107.31 	(3) duplicate registration certificate, $15;
107.32 	(4) late fee, $50;
107.33 	(5) inactive status and inactive to active status reactivation, $50;
108.1 	(6) temporary permit, $50; and
108.2 	(7) returned check, $35.
108.3 		Subd. 2.Penalty fee for late renewals. An application for registration renewal 
108.4 	submitted after the deadline must be accompanied by a late fee in addition to the required 
108.5 	fees.
108.6 		Subd. 3.Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.
108.7 		Subd. 4.Deposit. Fees collected by the board under this section shall be deposited 
108.8 	into the state government special revenue fund.
108.9 		Subd. 5.Special assessment fee. A special assessment fee not to exceed $....... shall 
108.10 	be assessed annually upon registration renewal until the fee revenue equals the board's 
108.11 	expenditures for registration activities under sections 148.981 to 148.9886.

108.12 	EFFECTIVE DATE. This section is effective August 1, 2016.

108.13 	Sec. 24. [148.9886] EXCHANGING INFORMATION.
108.14 	The board shall report to the Office of Complementary and Alternative Health 
108.15 	Practices all revocations or suspensions of registered massage and bodywork therapists. 
108.16 	Upon request by the Office of Complementary and Alternative Health Practices, the board 
108.17 	may share all complaint, investigatory, and disciplinary data relating to a previously or 
108.18 	currently registered massage and bodywork therapist.

108.19 	EFFECTIVE DATE. This section is effective August 1, 2016.
108.20 	SPOKEN LANGUAGE HEALTH CARE INTERPRETER

108.21 	Sec. 25. [148.9981] DEFINITIONS.
108.22 		Subdivision 1.Applicability. The definitions in this section apply to sections 
108.23 	148.9981 to 148.9987.
108.24 		Subd. 2.Advisory council. "Advisory council" means the Spoken Language Health 
108.25 	Care Interpreter Advisory Council established in section 148.9986.
108.26 		Subd. 3.Code of ethics. "Code of ethics" means the National Code of Ethics for 
108.27 	Interpreters in Health Care, as published by the National Council on Interpreting in Health 
108.28 	Care or its successor, or the International Medical Interpreters Association or its successor.
108.29 		Subd. 4.Commissioner. "Commissioner" means the commissioner of health.
108.30 		Subd. 5.Common languages. "Common languages" mean the ten most frequent 
108.31 	languages without regard to dialect in Minnesota for which interpreters are listed on 
108.32 	the registry.
109.1 		Subd. 6.Interpreting standards of practice. "Interpreting standards of practice" 
109.2 	means the interpreting standards of practice in health care as published by the National 
109.3 	Council on Interpreting in Health Care or its successor, or the International Medical 
109.4 	Interpreters Association or its successor.
109.5 		Subd. 7.Registry. "Registry" means a database of spoken language health 
109.6 	care interpreters in Minnesota who have met the qualifications described under section 
109.7 	148.9982, subdivision 2, 3, 4, or 5, which shall be maintained by the commissioner of 
109.8 	health.
109.9 		Subd. 8.Remote interpretation. "Remote interpretation" means providing spoken 
109.10 	language interpreting services via a telephone or by video conferencing.
109.11 		Subd. 9.Spoken language health care interpreter or interpreter. "Spoken 
109.12 	language health care interpreter" or "interpreter" means an individual who receives 
109.13 	compensation or other remuneration for providing spoken language interpreter services for 
109.14 	patients with limited English proficiency within a medical setting either by face-to-face 
109.15 	interpretation or remote interpretation.
109.16 		Subd. 10.Spoken language interpreting services. "Spoken language interpreting 
109.17 	services" means the conversion of one spoken language into another by an interpreter for 
109.18 	the purpose of facilitating communication between a patient and a health care provider 
109.19 	who do not share a common spoken language.

109.20 	Sec. 26. [148.9982] REGISTRY.
109.21 		Subdivision 1.Establishment. (a) By July 1, 2017, the commissioner of health 
109.22 	shall establish and maintain a registry for spoken language health care interpreters. The 
109.23 	registry shall contain four separate tiers based on different qualification standards for 
109.24 	education and training.
109.25 	(b) An individual who wants to be listed on the registry must submit an application 
109.26 	to the commissioner on a form provided by the commissioner along with all applicable 
109.27 	fees required under section 148.9987. The form must include the applicant's name; Social 
109.28 	Security number; business address and telephone number, or home address and telephone 
109.29 	number if the applicant has a home office; the applicant's employer or the agencies with 
109.30 	which the applicant is affiliated; the employer's or agencies' addresses and telephone 
109.31 	numbers; and the languages the applicant is qualified to interpret.
109.32 	(c) Upon receipt of the application, the commissioner shall determine if the applicant 
109.33 	meets the requirements for the applicable registry tier. The commissioner may request 
109.34 	further information from the applicant if the information provided is not complete or 
110.1 	accurate. The commissioner shall notify the applicant of action taken on the application, 
110.2 	and if the application is denied, the grounds for denying the application.
110.3 	(d) If the commissioner denies an application, the applicant may apply for a lower 
110.4 	tier or may reapply for the same tier at a later date. If an applicant applies for a different 
110.5 	tier or reapplies for the same tier, the applicant must submit with the new application the 
110.6 	applicable fees under section 148.9987.
110.7 	(e) Applicants who qualify for different tiers for different languages shall only be 
110.8 	required to complete one application and submit with the application the fee associated 
110.9 	with the highest tier for which the applicant is applying.
110.10 	(f) The commissioner may request, as deemed necessary, additional information 
110.11 	from an applicant to determine or verify qualifications or collect information to manage 
110.12 	the registry or monitor the field of health care interpreting.
110.13 		Subd. 2.Tier 1 requirements. The commissioner shall include on the tier 1 registry 
110.14 	an applicant who meets the following requirements:
110.15 	(1) is at least 18 years of age;
110.16 	(2) passes an examination approved by the commissioner on basic medical 
110.17 	terminology in English;
110.18 	(3) passes an examination approved by the commissioner on interpreter ethics and 
110.19 	standards of practice; and
110.20 	(4) affirms by signature, including electronic signature, that the applicant has read 
110.21 	the code of ethics and interpreting standards of practice identified on the registry Web 
110.22 	site and agrees to abide by them.
110.23 		Subd. 3.Tier 2 requirements. The commissioner shall include on the tier 2 registry 
110.24 	an applicant who meets the requirements for tier 1 described under subdivision 2 and who:
110.25 	(1) effective July 1, 2017, to June 30, 2018, provides proof of successfully 
110.26 	completing a training program for medical interpreters approved by the commissioner that 
110.27 	is, at a minimum, 40 hours in length; or
110.28 	(2) effective July 1, 2018, provides proof of successfully completing a training 
110.29 	program for medical interpreters approved by the commissioner that is equal in length to 
110.30 	the number of hours required by the Certification Commission for Healthcare Interpreters 
110.31 	(CCHI) or National Council on Interpreting in Health Care (NCIHC) or their successors. 
110.32 	If the number of hours required by CCHI or its successor and the number of hours required 
110.33 	by the NCIHC or its successor differ, the number of hours required to qualify for the 
110.34 	registry shall be the greater of the two. A training program of 40 hours or more approved 
110.35 	by the commissioner and completed prior to July 1, 2017, may count toward the number 
110.36 	of hours required.
111.1 		Subd. 4.Tier 3 requirements. The commissioner shall include on the tier 3 registry 
111.2 	an applicant who meets the requirements for tier 1 described under subdivision 2 and who:
111.3 	(1) has a national certification in health care interpreting that does not include a 
111.4 	performance examination from a certifying organization approved by the commissioner; or
111.5 	(2) provides proof of successfully completing an interpreting certification program 
111.6 	from an accredited United States academic institution approved by the commissioner 
111.7 	that is, at a minimum, 18 semester credits.
111.8 		Subd. 5.Tier 4 requirements. (a) The commissioner shall include on the tier 4 
111.9 	registry an applicant who meets the requirements for tier 1 described under subdivision 2 
111.10 	and who:
111.11 	(1) has a national certification from a certifying organization approved by the 
111.12 	commissioner in health care interpreting that includes a performance examination in the 
111.13 	non-English language in which the interpreter is registering to interpret; or
111.14 	(2)(i) has an associate's degree or higher in interpreting from an accredited United 
111.15 	States academic institution. The degree and institution must be approved by the 
111.16 	commissioner and the degree must include a minimum of three semester credits in medical 
111.17 	terminology or medical interpreting; and
111.18 	(ii) has achieved a score of "advanced mid" or higher on the American Council on 
111.19 	the Teaching of Foreign Languages Oral Proficiency Interview in a non-English language 
111.20 	in which the interpreter is registering to interpret.
111.21 	(b) The commissioner, in consultation with the advisory council, may approve 
111.22 	alternative means of meeting oral proficiency requirements for tier 4 for languages 
111.23 	in which the American Council of Teaching of Foreign Languages Oral Proficiency 
111.24 	Interview is not available.
111.25 	(c) The commissioner, in consultation with the advisory council, may approve a 
111.26 	degree from an educational institution from a foreign country as meeting the associate's 
111.27 	degree requirement in paragraph (a), clause (2). The commissioner may assess the 
111.28 	applicant a fee to cover the cost of foreign credential evaluation services approved by 
111.29 	the commissioner, in consultation with the advisory council, and any additional steps 
111.30 	necessary to process the application. Any assessed fee must be paid by the interpreter 
111.31 	before the interpreter will be registered.
111.32 		Subd. 6.Change of name and address. Registered spoken language health 
111.33 	care interpreters who change their name, address, or e-mail address must inform the 
111.34 	commissioner in writing of the change within 30 days. All notices or other correspondence 
111.35 	mailed to the interpreter's address or e-mail address on file with the commissioner shall 
111.36 	be considered as having been received by the interpreter.
112.1 		Subd. 7.Data. Section 13.41 applies to government data of the commissioner 
112.2 	on applicants and registered interpreters.

112.3 	Sec. 27. [148.9983] RENEWAL.
112.4 		Subdivision 1.Registry period. Listing on the registry is valid for a one-year 
112.5 	period. To renew inclusion on the registry, an interpreter must submit:
112.6 	(1) a renewal application on a form provided by the commissioner;
112.7 	(2) a continuing education report on a form provided by the commissioner as 
112.8 	specified under section 148.9985; and
112.9 	(3) the required fees under section 148.9987.
112.10 		Subd. 2.Notice. (a) Sixty days before the registry expiration date, the commissioner 
112.11 	shall send out a renewal notice to the spoken language health care interpreter's last known 
112.12 	address or e-mail address on file with the commissioner. The notice must include an 
112.13 	application for renewal and the amount of the fee required for renewal. If the interpreter 
112.14 	does not receive the renewal notice, the interpreter is still required to meet the deadline for 
112.15 	renewal to qualify for continuous inclusion on the registry.
112.16 	(b) An application for renewal must be received by the commissioner or postmarked 
112.17 	at least 30 calendar days before the registry expiration date.
112.18 		Subd. 3.Late fee. A renewal application submitted after the renewal deadline 
112.19 	date must include the late fee specified in section 148.9987. Fees for late renewal shall 
112.20 	not be prorated.
112.21 		Subd. 4.Lapse in renewal. An interpreter whose registry listing has been expired 
112.22 	for a period of one year or longer must submit a new application to be listed on the registry 
112.23 	instead of a renewal application.

112.24 	Sec. 28. [148.9984] DISCIPLINARY ACTIONS; OVERSIGHT OF 
112.25 	COMPLAINTS.
112.26 		Subdivision 1.Prohibited conduct. (a) The following conduct is prohibited and is 
112.27 	grounds for disciplinary or corrective action:
112.28 	(1) failure to provide spoken language interpreting services consistent with the 
112.29 	code of ethics and interpreting standards of practice, or performance of the interpretation 
112.30 	in an incompetent or negligent manner;
112.31 	(2) conviction of a crime, including a finding or verdict of guilt, an admission of 
112.32 	guilt, or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United 
112.33 	States, demonstrably related to engaging in spoken language health care interpreter 
113.1 	services. Conviction includes a conviction for an offense which, if committed in this 
113.2 	state, would be deemed a felony;
113.3 	(3) conviction of violating any state or federal law, rule, or regulation that directly 
113.4 	relates to the practice of spoken language health care interpreters;
113.5 	(4) adjudication as mentally incompetent or as a person who is dangerous to self 
113.6 	or adjudication pursuant to chapter 253B as chemically dependent, developmentally 
113.7 	disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality 
113.8 	or sexually dangerous person;
113.9 	(5) violation or failure to comply with an order issued by the commissioner;
113.10 	(6) obtaining money, property, services, or business from a client through the use of 
113.11 	undue influence, excessive pressure, harassment, duress, deception, or fraud;
113.12 	(7) revocation of the interpreter's national certification as a result of disciplinary 
113.13 	action brought by the national certifying body;
113.14 	(8) failure to perform services with reasonable judgment, skill, or safety due to the 
113.15 	use of alcohol or drugs or other physical or mental impairment;
113.16 	(9) engaging in conduct likely to deceive, defraud, or harm the public;
113.17 	(10) demonstrating a willful or careless disregard for the health, welfare, or safety 
113.18 	of a client;
113.19 	(11) failure to cooperate with the commissioner or advisory council in an 
113.20 	investigation or to provide information in response to a request from the commissioner 
113.21 	or advisory council; 
113.22 	(12) aiding or abetting another person in violating any provision of sections 
113.23 	148.9981 to 148.9987; and
113.24 	(13) release or disclosure of a health record in violation of sections 144.291 to 
113.25 	144.298.
113.26 	(b) In disciplinary actions alleging a violation of paragraph (a), clause (2), (3), or 
113.27 	(4), a copy of the judgment or proceeding under seal of the court administrator, or of the 
113.28 	administrative agency that entered the same, is admissible into evidence without further 
113.29 	authentication and constitutes prima facie evidence of its contents.
113.30 		Subd. 2.Complaints. The commissioner may initiate an investigation upon 
113.31 	receiving a complaint or other oral or written communication that alleges or implies 
113.32 	a violation of subdivision 1. In the receipt, investigation, and hearing of a complaint 
113.33 	that alleges or implies a violation of subdivision 1, the commissioner shall follow the 
113.34 	procedures in section 214.10.
114.1 		Subd. 3.Disciplinary actions. If the commissioner finds that an interpreter who 
114.2 	is listed on the registry has violated any provision of sections 148.9981 to 148.9987, the 
114.3 	commissioner may take any one or more of the following actions:
114.4 	(1) remove the interpreter from the registry;
114.5 	(2) impose limitations or conditions on the interpreter's practice, impose 
114.6 	rehabilitation requirements, or require practice under supervision; or
114.7 	(3) censure or reprimand the interpreter.
114.8 		Subd. 4.Reinstatement requirements after disciplinary action. Interpreters 
114.9 	who have been removed from the registry may request and provide justification for 
114.10 	reinstatement. The requirements of sections 148.9981 to 148.9987 for registry renewal 
114.11 	and any other conditions imposed by the commissioner must be met before the interpreter 
114.12 	may be reinstated on the registry.

114.13 	Sec. 29. [148.9985] CONTINUING EDUCATION.
114.14 		Subdivision 1.Course approval. The advisory council shall approve continuing 
114.15 	education courses and training. A course that has not been approved by the advisory 
114.16 	council may be submitted, but may be disapproved by the commissioner. If the course 
114.17 	is disapproved, it shall not count toward the continuing education requirement. The 
114.18 	interpreter must complete the following hours of continuing education during each 
114.19 	one-year registry period:
114.20 	(1) for tier 2 interpreters, a minimum of four contact hours of continuing education;
114.21 	(2) for tier 3 interpreters, a minimum of six contact hours of continuing education; and
114.22 	(3) for tier 4 interpreters, a minimum of eight contact hours of continuing education.
114.23 	Contact hours shall be prorated for interpreters who are assigned a registry cycle of 
114.24 	less than one year.
114.25 		Subd. 2.Continuing education verification. Each spoken language health care 
114.26 	interpreter shall submit with a renewal application a continuing education report on a form 
114.27 	provided by the commissioner that indicates that the interpreter has met the continuing 
114.28 	education requirements of this section. The form shall include the following information:
114.29 	(1) the title of the continuing education activity;
114.30 	(2) a brief description of the activity;
114.31 	(3) the sponsor, presenter, or author;
114.32 	(4) the location and attendance dates;
114.33 	(5) the number of contact hours; and 
114.34 	(6) the interpreter's notarized affirmation that the information is true and correct.
115.1 		Subd. 3.Audit. The commissioner or advisory council may audit a percentage of 
115.2 	the continuing education reports based on a random selection.

115.3 	Sec. 30. [148.9986] SPOKEN LANGUAGE HEALTH CARE INTERPRETER 
115.4 	ADVISORY COUNCIL.
115.5 		Subdivision 1.Establishment. The commissioner shall appoint 12 members to a 
115.6 	Spoken Language Health Care Interpreter Advisory Council consisting of the following 
115.7 	members:
115.8 	(1) three members who are interpreters listed on the roster prior to July 1, 2017, or 
115.9 	on the registry after July 1, 2017, and who are Minnesota residents. Of these members, 
115.10 	each must be an interpreter for a different language; at least one must have a national 
115.11 	certification credential; and at least one must have been listed on the roster prior to July 1, 
115.12 	2017, or on the registry after July 1, 2017, as an interpreter in a language other than the 
115.13 	common languages and must have completed a training program for medical interpreters 
115.14 	approved by the commissioner that is, at a minimum, 40 hours in length;
115.15 	(2) three members representing limited English proficient (LEP) individuals, of 
115.16 	these members, two must represent LEP individuals who are proficient in a common 
115.17 	language and one must represent LEP individuals who are proficient in a language that is 
115.18 	not one of the common languages;
115.19 	(3) one member representing a health plan company;
115.20 	(4) one member representing a Minnesota health system who is not an interpreter;
115.21 	(5) one member representing an interpreter agency;
115.22 	(6) one member representing an interpreter training program or postsecondary 
115.23 	educational institution program providing interpreter courses or skills assessment;
115.24 	(7) one member who is affiliated with a Minnesota-based or Minnesota chapter of a 
115.25 	national or international organization representing interpreters; and
115.26 	(8) one member who is a licensed direct care health provider.
115.27 		Subd. 2.Organization. The advisory council shall be organized and administered 
115.28 	under section 15.059.
115.29 		Subd. 3.Duties. The advisory council shall:
115.30 	(1) advise the commissioner on issues relating to interpreting skills, ethics, and 
115.31 	standards of practice, including reviewing and recommending changes to the examinations 
115.32 	identified in section 148.9982, subdivision 2, on basic medical terminology in English 
115.33 	and interpreter ethics and interpreter standards of practice;
116.1 	(2) advise the commissioner on recommended changes to accepted spoken language 
116.2 	health care interpreter qualifications, including degree and training programs and 
116.3 	performance examinations;
116.4 	(3) address barriers for interpreters to gain access to the registry, including barriers 
116.5 	to interpreters of uncommon languages and interpreters in rural areas;
116.6 	(4) advise the commissioner on methods for identifying gaps in interpreter services in 
116.7 	rural areas and make recommendations to address interpreter training and funding needs;
116.8 	(5) inform the commissioner on emerging issues in the spoken language health 
116.9 	care interpreter field;
116.10 	(6) advise the commissioner on training and continuing education programs;
116.11 	(7) provide for distribution of information regarding interpreter standards and 
116.12 	resources to help interpreters qualify for higher registry tier levels;
116.13 	(8) make recommendations for necessary statutory changes to Minnesota interpreter 
116.14 	law;
116.15 	(9) compare the annual cost of administering the registry and the annual total 
116.16 	collection of registration fees and advise the commissioner, if necessary, to recommend an 
116.17 	adjustment to the registration fees;
116.18 	(10) identify barriers to meeting tier requirements and make recommendations to the 
116.19 	commissioner for addressing these barriers;
116.20 	(11) identify and make recommendations to the commissioner for Web distribution 
116.21 	of patient and provider education materials on working with an interpreter and on reporting 
116.22 	interpreter behavior as identified in section 148.9984; and
116.23 	(12) review and update as necessary the process for determining common languages.

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

116.25 	Sec. 31. [148.9987] FEES.
116.26 		Subdivision 1.Fees. (a) The initial and renewal application fees for interpreters 
116.27 	listed on the registry shall be established by the commissioner not to exceed $90.
116.28 	(b) The renewal late fee for the registry shall be established by the commissioner 
116.29 	not to exceed $30.
116.30 	(c) If the commissioner must translate a document to verify whether a foreign degree 
116.31 	qualifies for registration for tier 4, the commissioner may assess a fee equal to the actual 
116.32 	cost of translation and additional effort necessary to process the application.
116.33 		Subd. 2.Nonrefundable fees. The fees in this section are nonrefundable.
116.34 		Subd. 3.Deposit. Fees received under sections 148.9981 to 148.9987 shall be 
116.35 	deposited in the state government special revenue fund.

117.1 	Sec. 32. Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 18a, 
117.2 	is amended to read:
117.3 		Subd. 18a.Access to medical services. (a) Medical assistance reimbursement for 
117.4 	meals for persons traveling to receive medical care may not exceed $5.50 for breakfast, 
117.5 	$6.50 for lunch, or $8 for dinner.
117.6 	(b) Medical assistance reimbursement for lodging for persons traveling to receive 
117.7 	medical care may not exceed $50 per day unless prior authorized by the local agency.
117.8 	(c) Regardless of the number of employees that an enrolled health care provider may 
117.9 	have, medical assistance covers sign and oral spoken language health care interpreter 
117.10 	services when provided by an enrolled health care provider during the course of providing 
117.11 	a direct, person-to-person covered health care service to an enrolled recipient with limited 
117.12 	English proficiency or who has a hearing loss and uses interpreting services. Coverage 
117.13 	for face-to-face oral language spoken language health care interpreter services shall be 
117.14 	provided only if the oral language spoken language health care interpreter used by the 
117.15 	enrolled health care provider is listed in on the registry or roster established under section 
117.16 	144.058 or the registry established under sections 148.9981 to 148.9987. Beginning July 
117.17 	1, 2018, coverage for spoken language health care interpreter services shall be provided 
117.18 	only if the spoken language health care interpreter used by the enrolled health care 
117.19 	provider is listed on the registry established under sections 148.9981 to 148.9987.

117.20 	Sec. 33. STRATIFIED MEDICAL ASSISTANCE REIMBURSEMENT SYSTEM 
117.21 	FOR SPOKEN LANGUAGE HEALTH CARE INTERPRETERS.
 117.22 	(a) The commissioner of human services, in consultation with the commissioner 
117.23 	of health, the Spoken Language Health Care Interpreter Advisory Council established 
117.24 	under Minnesota Statutes, section 148.9986, and representatives from the interpreting 
117.25 	stakeholder community at large, shall study and make recommendations for creating a 
117.26 	tiered reimbursement system for the Minnesota public health care programs for spoken 
117.27 	language health care interpreters based on the different tiers of the spoken language health 
117.28 	care interpreters registry established by the commissioner of health under Minnesota 
117.29 	Statutes, sections 148.9981 to 148.9987.
117.30 	(b) The commissioner of human services shall submit the proposed reimbursement 
117.31 	system, including the fiscal costs for the proposed system to the chairs and ranking 
117.32 	minority members of the house of representatives and senate committees with jurisdiction 
117.33 	over health and human services policy and finance by January 15, 2017.
117.34 	(c) The commissioner of health, in consultation with the Spoken Language Health 
117.35 	Care Interpreter Advisory Council, shall review the fees established under Minnesota 
118.1 	Statutes, section 148.9987, and make recommendations based on the results of the 
118.2 	study and recommendations under paragraph (a) whether the fees are established at an 
118.3 	appropriate level, including whether specific fees should be established for each tier of the 
118.4 	registry instead of one uniform fee for all tiers. The total fees collected must be sufficient 
118.5 	to recover the costs of the spoken language health care registry. If the commissioner 
118.6 	recommends different fees for the tier, the commissioner shall submit the proposed fees to 
118.7 	the chairs and ranking minority members of the legislative committees with jurisdiction 
118.8 	over health and human services policy and finance by January 15, 2018.

118.9 	Sec. 34. INITIAL SPOKEN LANGUAGE HEALTH CARE ADVISORY 
118.10 	COUNCIL MEETING.
 118.11 	The commissioner of health shall convene the first meeting of the Spoken Language 
118.12 	Health Care Advisory Council by October 1, 2016.

118.13 	Sec. 35. SPOKEN LANGUAGE HEALTH CARE INTERPRETER REGISTRY 
118.14 	FEES.
 118.15 	Notwithstanding Minnesota Statutes, section 148.9987, paragraph (a), the initial and 
118.16 	renewal fees for interpreters listed on the spoken language health care registry shall be $50 
118.17 	between the period of July 1, 2017, through June 30, 2018, and shall be $70 between the 
118.18 	period of July 1, 2018, through June 30, 2019. Beginning July 1, 2019, the fees shall be 
118.19 	in accordance with Minnesota Statutes, section 148.9987.

118.20 	Sec. 36. APPROPRIATION.
 118.21 	$357,000 in fiscal year 2017 is appropriated from the state government special 
118.22 	revenue fund to the commissioner of health for the spoken language health care interpreter 
118.23 	registry. This amount includes $280,000 for onetime start-up costs for the registry that 
118.24 	is available until June 30, 2019. The base for this appropriation is $241,000 in fiscal 
118.25 	year 2018 and $156,000 in fiscal year 2019.
118.26 	$25,000 in fiscal year 2017 is appropriated from the state government special revenue 
118.27 	fund to the commissioner of human services to study and submit a proposed stratified 
118.28 	medical assistance reimbursement system for spoken language health care interpreters.

118.29 	Sec. 37.  REPEALER.
 118.30 	Minnesota Statutes 2014, section 144.058, is repealed effective July 1, 2018.
118.31 	MINNESOTA ORTHOTIST, PROSTHETIST, AND PEDORTHIST 
118.32 	PRACTICE ACT

119.1 	Sec. 38. [153B.10] SHORT TITLE.
119.2 	Chapter 153B may be cited as the "Minnesota Orthotist, Prosthetist, and Pedorthist 
119.3 	Practice Act."

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

119.5 	Sec. 39. [153B.15] DEFINITIONS.
119.6 		Subdivision 1.Application. For purposes of this act, the following words have 
119.7 	the meanings given.
119.8 		Subd. 2.Advisory council. "Advisory council" means the Orthotics, Prosthetics, 
119.9 	and Pedorthics Advisory Council established under section 153B.25.
119.10 		Subd. 3.Board. "Board" means the Board of Podiatric Medicine.
119.11 		Subd. 4.Custom-fabricated device. "Custom-fabricated device" means an orthosis, 
119.12 	prosthesis, or pedorthic device for use by a patient that is fabricated to comprehensive 
119.13 	measurements or a mold or patient model in accordance with a prescription and which 
119.14 	requires on-site or in-person clinical and technical judgment in its design, fabrication, 
119.15 	and fitting.
119.16 		Subd. 5.Licensed orthotic-prosthetic assistant. "Licensed orthotic-prosthetic 
119.17 	assistant" or "assistant" means a person, licensed by the board, who is educated and 
119.18 	trained to participate in comprehensive orthotic and prosthetic care while under the 
119.19 	supervision of a licensed orthotist or licensed prosthetist. Assistants may perform orthotic 
119.20 	and prosthetic procedures and related tasks in the management of patient care. The 
119.21 	assistant may fabricate, repair, and maintain orthoses and prostheses. The use of the title 
119.22 	"orthotic-prosthetic assistant" or representations to the public is limited to a person who is 
119.23 	licensed under this chapter as an orthotic-prosthetic assistant.
119.24 		Subd. 6.Licensed orthotic fitter. "Licensed orthotic fitter" or "fitter" means a 
119.25 	person licensed by the board who is educated and trained in providing certain orthoses, 
119.26 	and is trained to conduct patient assessments, formulate treatment plans, implement 
119.27 	treatment plans, perform follow-up, and practice management pursuant to a prescription. 
119.28 	An orthotic fitter must be competent to fit certain custom-fitted, prefabricated, and 
119.29 	off-the-shelf orthoses as follows:
119.30 	(1) cervical orthoses, except those used to treat an unstable cervical condition;
119.31 	(2) prefabricated orthoses for the upper and lower extremities, except those used in: 
119.32 	(i) the initial or acute treatment of long bone fractures and dislocations;
119.33 	(ii) therapeutic shoes and inserts needed as a result of diabetes; and
119.34 	(iii) functional electrical stimulation orthoses;
120.1 	(3) prefabricated spinal orthoses, except those used in the treatment of scoliosis or 
120.2 	unstable spinal conditions, including halo cervical orthoses; and
120.3 	(4) trusses.
120.4 	The use of the title "orthotic fitter" or representations to the public is limited to a person 
120.5 	who is licensed under this chapter as an orthotic fitter.
120.6 		Subd. 7.Licensed orthotist. "Licensed orthotist" means a person licensed by 
120.7 	the board who is educated and trained to practice orthotics, which includes managing 
120.8 	comprehensive orthotic patient care pursuant to a prescription. The use of the title 
120.9 	"orthotist" or representations to the public is limited to a person who is licensed under 
120.10 	this chapter as an orthotist.
120.11 		Subd. 8.Licensed pedorthist. "Licensed pedorthist" means a person licensed by 
120.12 	the board who is educated and trained to manage comprehensive pedorthic patient care 
120.13 	and who performs patient assessments, formulates and implements treatment plans, and 
120.14 	performs follow-up and practice management pursuant to a prescription. A pedorthist may 
120.15 	fit, fabricate, adjust, or modify devices within the scope of the pedorthist's education and 
120.16 	training. Use of the title "pedorthist" or representations to the public is limited to a person 
120.17 	who is licensed under this chapter as a pedorthist.
120.18 		Subd. 9.Licensed prosthetist. "Licensed prosthetist" means a person licensed by 
120.19 	the board who is educated and trained to manage comprehensive prosthetic patient care, 
120.20 	and who performs patient assessments, formulates and implements treatment plans, and 
120.21 	performs follow-up and practice management pursuant to a prescription. Use of the title 
120.22 	"prosthetist" or representations to the public is limited to a person who is licensed under 
120.23 	this chapter as a prosthetist.
120.24 		Subd. 10.Licensed prosthetist orthotist. "Licensed prosthetist orthotist" means a 
120.25 	person licensed by the board who is educated and trained to manage comprehensive 
120.26 	prosthetic and orthotic patient care, and who performs patient assessments, formulates and 
120.27 	implements treatment plans, and performs follow-up and practice management pursuant to 
120.28 	a prescription. Use of the title "prosthetist orthotist" or representations to the public is 
120.29 	limited to a person who is licensed under this chapter as a prosthetist orthotist.
120.30 		Subd. 11.NCOPE. "NCOPE" means National Commission on Orthotic and 
120.31 	Prosthetic Education, an accreditation program that ensures educational institutions and 
120.32 	residency programs meet the minimum standards of quality to prepare individuals to enter 
120.33 	the orthotic, prosthetic, and pedorthic professions.
120.34 		Subd. 12.Orthosis. "Orthosis" means an external device that is custom-fabricated 
120.35 	or custom-fitted to a specific patient based on the patient's unique physical condition and 
120.36 	is applied to a part of the body to help correct a deformity, provide support and protection, 
121.1 	restrict motion, improve function, or relieve symptoms of a disease, syndrome, injury, or 
121.2 	postoperative condition.
121.3 		Subd. 13.Orthotics. "Orthotics" means the science and practice of evaluating, 
121.4 	measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis 
121.5 	pursuant to a prescription. The practice of orthotics includes providing the initial training 
121.6 	necessary for fitting an orthotic device for the support, correction, or alleviation of 
121.7 	neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.
121.8 		Subd. 14.Over-the-counter. "Over-the-counter" means a prefabricated, 
121.9 	mass-produced item that is prepackaged, requires no professional advice or judgment in 
121.10 	size selection or use, and is currently available at retail stores without a prescription. 
121.11 	Over-the-counter items are not regulated by this act.
121.12 		Subd. 15.Off-the-shelf. "Off-the-shelf" means a prefabricated device sized or 
121.13 	modified for the patient's use pursuant to a prescription and which requires changes to be 
121.14 	made by a qualified practitioner to achieve an individual fit, such as requiring the item 
121.15 	to be trimmed, bent, or molded with or without heat, or requiring any other alterations 
121.16 	beyond self adjustment.
121.17 		Subd. 16.Pedorthic device. "Pedorthic device" means below-the-ankle partial 
121.18 	foot prostheses for transmetatarsal and more distal amputations, foot orthoses, and 
121.19 	subtalar-control foot orthoses to control the range of motion of the subtalar joint. 
121.20 	A prescription is required for any pedorthic device, modification, or prefabricated 
121.21 	below-the-knee orthosis addressing a medical condition that originates at the ankle or 
121.22 	below. Pedorthic devices do not include nontherapeutic inlays or footwear regardless 
121.23 	of method of manufacture; unmodified, nontherapeutic over-the-counter shoes; or 
121.24 	prefabricated foot care products.
121.25 		Subd. 17.Pedorthics. "Pedorthics" means the science and practice of evaluating, 
121.26 	measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic 
121.27 	device pursuant to a prescription for the correction or alleviation of neuromuscular or 
121.28 	musculoskeletal dysfunction, disease, injury, or deformity. The practice of pedorthics 
121.29 	includes providing patient care and services pursuant to a prescription to prevent or 
121.30 	ameliorate painful or disabling conditions of the foot and ankle.
121.31 		Subd. 18.Prescription. "Prescription" means an order deemed medically necessary 
121.32 	by a physician, podiatric physician, osteopathic physician, or a licensed health care 
121.33 	provider who has authority in this state to prescribe orthotic and prosthetic devices, 
121.34 	supplies, and services.
121.35 		Subd. 19.Prosthesis. "Prosthesis" means a custom-designed, fabricated, fitted, or 
121.36 	modified device to treat partial or total limb loss for purposes of restoring physiological 
122.1 	function or cosmesis. Prosthesis does not include artificial eyes, ears, fingers, or toes; 
122.2 	dental appliances; external breast prosthesis; or cosmetic devices that do not have a 
122.3 	significant impact on the musculoskeletal functions of the body.
122.4 		Subd. 20.Prosthetics. "Prosthetics" means the science and practice of evaluating, 
122.5 	measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis 
122.6 	pursuant to a prescription. It includes providing the initial training necessary to fit a 
122.7 	prosthesis in order to replace external parts of a human body lost due to amputation, 
122.8 	congenital deformities, or absence.
122.9 		Subd. 21.Resident. "Resident" means a person who has completed a 
122.10 	NCOPE-approved education program in orthotics or prosthetics and is receiving clinical 
122.11 	training in a residency accredited by NCOPE.
122.12 		Subd. 22.Residency. "Residency" means a minimum of an NCOPE-approved 
122.13 	program to acquire practical clinical training in orthotics and prosthetics in a patient 
122.14 	care setting.
122.15 		Subd. 23.Supervisor. "Supervisor" means the licensed orthotist, prosthetist, or 
122.16 	pedorthist who oversees and is responsible for the delivery of appropriate, effective, 
122.17 	ethical, and safe orthotic, prosthetic, or pedorthic patient care.

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

122.19 	Sec. 40. [153B.20] EXCEPTIONS.
122.20 	Nothing in this chapter shall prohibit:
122.21 	(1) a physician, osteopathic physician, or podiatric physician licensed by the state of 
122.22 	Minnesota from providing services within the physician's scope of practice;
122.23 	(2) a professional regulated in this state, including but not limited to physical 
122.24 	therapists and occupational therapists, from providing services within the professional's 
122.25 	scope of practice;
122.26 	(3) the practice of orthotics, prosthetics, or pedorthics by a person who is employed 
122.27 	by the federal government or any bureau, division, or agency of the federal government 
122.28 	while in the discharge of the employee's official duties;
122.29 	(4) the practice of orthotics, prosthetics, or pedorthics by:
122.30 	(i) a student enrolled in an accredited or approved orthotics, prosthetics, or 
122.31 	pedorthics education program who is performing activities required by the program;
122.32 	(ii) a resident enrolled in an NCOPE-accredited residency program; or
122.33 	(iii) a person working in a qualified, supervised work experience or internship who 
122.34 	is obtaining the clinical experience necessary for licensure under this chapter; or
123.1 	(5) an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or fitter who is 
123.2 	licensed in another state or territory of the United States or in another country that has 
123.3 	equivalent licensure requirements as approved by the board from providing services within 
123.4 	the professional's scope of practice subject to this paragraph, if the individual is qualified 
123.5 	and has applied for licensure under this chapter. The individual shall be allowed to practice 
123.6 	for no longer than six months following the filing of the application for licensure, unless 
123.7 	the individual withdraws the application for licensure or the board denies the license.

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

123.9 	Sec. 41. [153B.25] ORTHOTICS, PROSTHETICS, AND PEDORTHICS 
123.10 	ADVISORY COUNCIL.
123.11 		Subdivision 1.Creation; membership. (a) There is established an Orthotics, 
123.12 	Prosthetics, and Pedorthics Advisory Council which shall consist of seven voting members 
123.13 	appointed by the board. Five members shall be licensed and practicing orthotists, 
123.14 	prosthetists, or pedorthists. Each profession shall be represented on the advisory council. 
123.15 	One member shall be a Minnesota-licensed doctor of podiatric medicine who is also a 
123.16 	member of the Board of Podiatric Medicine, and one member shall be a public member.
123.17 	(b) The council shall be organized and administered under section 15.059.
123.18 		Subd. 2.Duties. The advisory council shall:
123.19 	(1) advise the board on enforcement of the provisions contained in this chapter;
123.20 	(2) review reports of investigations or complaints relating to individuals and make 
123.21 	recommendations to the board as to whether a license should be denied or disciplinary 
123.22 	action taken against an individual;
123.23 	(3) advise the board regarding standards for licensure of professionals under this 
123.24 	chapter; and
123.25 	(4) perform other duties authorized for advisory councils by chapter 214, as directed 
123.26 	by the board.
123.27 		Subd. 3.Chair. The council must elect a chair from among its members.
123.28 		Subd. 4.Administrative provisions. The Board of Podiatric Medicine must 
123.29 	provide meeting space and administrative services for the council.

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

123.31 	Sec. 42. [153B.30] LICENSURE.
124.1 		Subdivision 1.Application. An application for a license shall be submitted to the 
124.2 	board in the format required by the board and shall be accompanied by the required fee, 
124.3 	which is nonrefundable.
124.4 		Subd. 2.Qualifications. (a) To be eligible for licensure as an orthotist, prosthetist, 
124.5 	or prosthetist orthotist, an applicant shall meet orthotist, prosthetist, or prosthetist orthotist 
124.6 	certification requirements of either the American Board for Certification in Orthotics, 
124.7 	Prosthetics, and Pedorthics or the Board of Certification/Accreditation requirements in 
124.8 	effect at the time of the individual's application for licensure and be in good standing 
124.9 	with the certifying board.
124.10 	(b) To be eligible for licensure as a pedorthist, an applicant shall meet the pedorthist 
124.11 	certification requirements of either the American Board for Certification in Orthotics, 
124.12 	Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are in effect 
124.13 	at the time of the individual's application for licensure and be in good standing with 
124.14 	the certifying board.
124.15 	(c) To be eligible for licensure as an orthotic or prosthetic assistant, an applicant shall 
124.16 	meet the orthotic or prosthetic assistant certification requirements of the American Board 
124.17 	for Certification in Orthotics, Prosthetics, and Pedorthics that are in effect at the time of 
124.18 	the individual's application for licensure and be in good standing with the certifying board.
124.19 	(d) To be eligible for licensure as an orthotic fitter, an applicant shall meet the 
124.20 	orthotic fitter certification requirements of either the American Board for Certification in 
124.21 	Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are 
124.22 	in effect at the time of the individual's application for licensure and be in good standing 
124.23 	with the certifying board.
124.24 		Subd. 3.License term. A license to practice is valid for a term of up to 24 months 
124.25 	beginning on January 1 or commencing after initially fulfilling the license requirements 
124.26 	and ending on December 31 of the following year.

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

124.28 	Sec. 43. [153B.35] EMPLOYMENT BY AN ACCREDITED FACILITY; SCOPE 
124.29 	OF PRACTICE.
124.30 	A licensed orthotist, prosthetist, pedorthist, assistant, or orthotic fitter may provide 
124.31 	limited, supervised patient care services beyond their licensed scope of practice if all of 
124.32 	the following conditions are met:
124.33 	(1) the licensee is employed by a patient care facility that is accredited by a national 
124.34 	accrediting organization in orthotics, prosthetics, and pedorthics;
125.1 	(2) written objective criteria are documented by the accredited facility to describe 
125.2 	the knowledge and skills required by the licensee to demonstrate competency to provide 
125.3 	additional specific and limited patient care services that are outside the licensee's scope of 
125.4 	practice;
125.5 	(3) the licensee provides patient care only at the direction of a supervisor who is 
125.6 	licensed as an orthotist, pedorthist, or prosthetist who is employed by the facility to provide 
125.7 	the specific patient care or services that are outside the licensee's scope of practice; and
125.8 	(4) the supervised patient care occurs in compliance with facility accreditation 
125.9 	standards.

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

125.11 	Sec. 44. [153B.40] CONTINUING EDUCATION.
125.12 		Subdivision 1.Requirement. Each licensee shall obtain the number of continuing 
125.13 	education hours required by the certifying board to maintain certification status pursuant 
125.14 	to the specific license category.
125.15 		Subd. 2.Proof of attendance. A licensee must submit to the board proof of 
125.16 	attendance at approved continuing education programs during the license renewal period 
125.17 	in which it was attended in the form of a certificate, statement of continuing education 
125.18 	credits from the American Board for Certification in Orthotics, Prosthetics, and Pedorthics 
125.19 	or the Board of Certification/Accreditation, descriptive receipt, or affidavit. The board 
125.20 	may conduct random audits.
125.21 		Subd. 3.Extension of continuing education requirements. For good cause, a 
125.22 	licensee may apply to the board for a six-month extension of the deadline for obtaining 
125.23 	the required number of continuing education credits. No more than two consecutive 
125.24 	extensions may be granted. For purposes of this subdivision, "good cause" includes 
125.25 	unforeseen hardships such as illness, family emergency, or military call-up.

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

125.27 	Sec. 45. [153B.45] LICENSE RENEWAL.
125.28 		Subdivision 1.Submission of license renewal application. A licensee must submit 
125.29 	to the board a license renewal application on a form provided by the board together with 
125.30 	the license renewal fee. The completed form must be postmarked no later than January 1 
125.31 	in the year of renewal. The form must be signed by the licensee in the place provided for 
125.32 	the renewal applicant's signature, include evidence of participation in approved continuing 
125.33 	education programs, and any other information as the board may reasonably require.
126.1 		Subd. 2.Renewal application postmarked after January 1. A renewal application 
126.2 	postmarked after January 1 in the renewal year shall be returned to the licensee for addition 
126.3 	of the late renewal fee. A license renewal application postmarked after January 1 in the 
126.4 	renewal year is not complete until the late renewal fee has been received by the board.
126.5 		Subd. 3.Failure to submit renewal application. (a) At any time after January 1 of 
126.6 	the applicable renewal year, the board shall send notice to a licensee who has failed to 
126.7 	apply for license renewal. The notice shall be mailed to the licensee at the last address on 
126.8 	file with the board and shall include the following information:
126.9 	(1) that the licensee has failed to submit application for license renewal;
126.10 	(2) the amount of renewal and late fees;
126.11 	(3) information about continuing education that must be submitted in order for 
126.12 	the license to be renewed;
126.13 	(4) that the licensee must respond within 30 calendar days after the notice was sent 
126.14 	by the board; and
126.15 	(5) that the licensee may voluntarily terminate the license by notifying the board 
126.16 	or may apply for license renewal by sending the board a completed renewal application, 
126.17 	license renewal and late fees, and evidence of compliance with continuing education 
126.18 	requirements.
126.19 	(b) Failure by the licensee to notify the board of the licensee's intent to voluntarily 
126.20 	terminate the license or to submit a license renewal application shall result in expiration 
126.21 	of the license and termination of the right to practice. The expiration of the license and 
126.22 	termination of the right to practice shall not be considered disciplinary action against the 
126.23 	licensee.
126.24 	(c) A license that has been expired under this subdivision may be reinstated.

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

126.26 	Sec. 46. [153B.50] NAME AND ADDRESS CHANGE.
126.27 	(a) A licensee who has changed names must notify the board in writing within 90 
126.28 	days and request a revised license. The board may require official documentation of the 
126.29 	legal name change.
126.30 	(b) A licensee must maintain with the board a correct mailing address to receive 
126.31 	board communications and notices. A licensee who has changed addresses must notify the 
126.32 	board in writing within 90 days. Mailing a notice by United States mail to a licensee's last 
126.33 	known mailing address constitutes valid mailing.

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

127.1 	Sec. 47. [153B.55] INACTIVE STATUS.
127.2 	(a) A licensee who notifies the board in the format required by the board may elect 
127.3 	to place the licensee's credential on inactive status and shall be excused from payment 
127.4 	of renewal fees until the licensee notifies the board in the format required by the board 
127.5 	of the licensee's plan to return to practice.
127.6 	(b) A person requesting restoration from inactive status shall be required to pay the 
127.7 	current renewal fee and comply with section 153B.45.
127.8 	(c) A person whose license has been placed on inactive status shall not practice in 
127.9 	this state.

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

127.11 	Sec. 48. [153B.60] LICENSE LAPSE DUE TO MILITARY SERVICE.
127.12 	A licensee whose license has expired while on active duty in the armed forces of the 
127.13 	United States, with the National Guard while called into service or training, or while in 
127.14 	training or education preliminary to induction into military service may have the licensee's 
127.15 	license renewed or restored without paying a late fee or license restoration fee if the licensee 
127.16 	provides verification to the board within two years of the termination of service obligation.

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

127.18 	Sec. 49. [153B.65] ENDORSEMENT.
127.19 	The board may license, without examination and on payment of the required fee, 
127.20 	an applicant who is an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or 
127.21 	fitter who is certified by the American Board for Certification in Orthotics, Prosthetics, 
127.22 	and Pedorthics or a national certification organization with educational, experiential, and 
127.23 	testing standards equal to or higher than the licensing requirements in Minnesota.

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

127.25 	Sec. 50. [153B.70] GROUNDS FOR DISCIPLINARY ACTION.
127.26 	(a) The board may refuse to issue or renew a license, revoke or suspend a license, or 
127.27 	place on probation or reprimand a licensee for one or any combination of the following:
127.28 	(1) making a material misstatement in furnishing information to the board;
127.29 	(2) violating or intentionally disregarding the requirements of this chapter;
127.30 	(3) conviction of a crime, including a finding or verdict of guilt, an admission of 
127.31 	guilt, or a no-contest plea, in this state or elsewhere, reasonably related to the practice 
127.32 	of the profession. Conviction, as used in this clause, includes a conviction of an offense 
128.1 	which, if committed in this state, would be deemed a felony, gross misdemeanor, or 
128.2 	misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where 
128.3 	a finding or verdict of guilty is made or returned but the adjudication of guilt is either 
128.4 	withheld or not entered;
128.5 	(4) making a misrepresentation in order to obtain or renew a license;
128.6 	(5) displaying a pattern of practice or other behavior that demonstrates incapacity or 
128.7 	incompetence to practice;
128.8 	(6) aiding or assisting another person in violating the provisions of this chapter;
128.9 	(7) failing to provide information within 60 days in response to a written request from 
128.10 	the board, including documentation of completion of continuing education requirements;
128.11 	(8) engaging in dishonorable, unethical, or unprofessional conduct;
128.12 	(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;
128.13 	(10) inability to practice due to habitual intoxication, addiction to drugs, or mental 
128.14 	or physical illness;
128.15 	(11) being disciplined by another state or territory of the United States, the federal 
128.16 	government, a national certification organization, or foreign nation, if at least one of the 
128.17 	grounds for the discipline is the same or substantially equivalent to one of the grounds 
128.18 	in this section;
128.19 	(12) directly or indirectly giving to or receiving from a person, firm, corporation, 
128.20 	partnership, or association a fee, commission, rebate, or other form of compensation for 
128.21 	professional services not actually or personally rendered;
128.22 	(13) incurring a finding by the board that the licensee, after the licensee has been 
128.23 	placed on probationary status, has violated the conditions of the probation;
128.24 	(14) abandoning a patient or client;
128.25 	(15) willfully making or filing false records or reports in the course of the licensee's 
128.26 	practice including, but not limited to, false records or reports filed with state or federal 
128.27 	agencies;
128.28 	(16) willfully failing to report child maltreatment as required under the Maltreatment 
128.29 	of Minors Act, section 626.556; or
128.30 	(17) soliciting professional services using false or misleading advertising.
128.31 	(b) A license to practice is automatically suspended if (1) a guardian of a licensee is 
128.32 	appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons 
128.33 	other than the minority of the licensee, or (2) the licensee is committed by order of a court 
128.34 	pursuant to chapter 253B. The license remains suspended until the licensee is restored to 
128.35 	capacity by a court and, upon petition by the licensee, the suspension is terminated by the 
128.36 	board after a hearing. The licensee may be reinstated to practice, either with or without 
129.1 	restrictions, by demonstrating clear and convincing evidence of rehabilitation. The 
129.2 	regulated person is not required to prove rehabilitation if the subsequent court decision 
129.3 	overturns previous court findings of public risk.
129.4 	(c) If the board has probable cause to believe that a licensee or applicant has violated 
129.5 	paragraph (a), clause (10), it may direct the person to submit to a mental or physical 
129.6 	examination. For the purpose of this section, every person is deemed to have consented to 
129.7 	submit to a mental or physical examination when directed in writing by the board and to 
129.8 	have waived all objections to the admissibility of the examining physician's testimony or 
129.9 	examination report on the grounds that the testimony or report constitutes a privileged 
129.10 	communication. Failure of a regulated person to submit to an examination when directed 
129.11 	constitutes an admission of the allegations against the person, unless the failure was due to 
129.12 	circumstances beyond the person's control, in which case a default and final order may be 
129.13 	entered without the taking of testimony or presentation of evidence. A regulated person 
129.14 	affected under this paragraph shall at reasonable intervals be given an opportunity to 
129.15 	demonstrate that the person can resume the competent practice of the regulated profession 
129.16 	with reasonable skill and safety to the public. In any proceeding under this paragraph, 
129.17 	neither the record of proceedings nor the orders entered by the board shall be used against 
129.18 	a regulated person in any other proceeding.
129.19 	(d) In addition to ordering a physical or mental examination, the board may, 
129.20 	notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or 
129.21 	other health data, obtain medical data and health records relating to a licensee or applicant 
129.22 	without the person's or applicant's consent if the board has probable cause to believe that a 
129.23 	licensee is subject to paragraph (a), clause (10). The medical data may be requested 
129.24 	from a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance 
129.25 	company, or a government agency, including the Department of Human Services. A 
129.26 	provider, insurance company, or government agency shall comply with any written request 
129.27 	of the board under this subdivision and is not liable in any action for damages for releasing 
129.28 	the data requested by the board if the data are released pursuant to a written request under 
129.29 	this subdivision, unless the information is false and the provider giving the information 
129.30 	knew, or had reason to know, the information was false. Information obtained under this 
129.31 	subdivision is private data on individuals as defined in section 13.02.
129.32 	(e) If the board issues an order of immediate suspension of a license, a hearing must 
129.33 	be held within 30 days of the suspension and completed without delay.

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

129.35 	Sec. 51. [153B.75] INVESTIGATION; NOTICE AND HEARINGS.
130.1 	The board has the authority to investigate alleged violations of this chapter, conduct 
130.2 	hearings, and impose corrective or disciplinary action as provided in section 214.103.

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

130.4 	Sec. 52. [153B.80] UNLICENSED PRACTICE.
130.5 		Subdivision 1.License required. Effective January 1, 2018, no individual shall 
130.6 	practice as an orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic 
130.7 	assistant, or orthotic fitter, unless the individual holds a valid license issued by the board 
130.8 	under this chapter, except as permitted under section 153B.20 or 153B.35.
130.9 		Subd. 2.Designation. No individual shall represent themselves to the public as 
130.10 	a licensed orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic 
130.11 	assistant, or an orthotic fitter, unless the individual is licensed under this chapter.
130.12 		Subd. 3.Penalties. Any individual who violates this section is guilty of a 
130.13 	misdemeanor. The board shall have the authority to seek a cease and desist order against 
130.14 	any individual who is engaged in the unlicensed practice of a profession regulated by the 
130.15 	board under this chapter.

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

130.17 	Sec. 53. [153B.85] FEES.
130.18 	(a) The application fee for initial licensure shall not exceed $600.
130.19 	(b) The biennial renewal fee for a license to practice as an orthotist, prosthetist, 
130.20 	prosthetist orthotist, or pedorthist shall not exceed $600.
130.21 	(c) The biennial renewal fee for a license to practice as an assistant or a fitter shall 
130.22 	not exceed $300.
130.23 	(d) For the first renewal period following initial licensure, the renewal fee is the fee 
130.24 	specified in paragraph (b) or (c), prorated to the nearest dollar that is represented by the 
130.25 	ratio of the number of days the license is held in the initial licensure period to 730 days.
130.26 	(e) The fee for license restoration shall not exceed $600.
130.27 	(f) The fee for late license renewal is the license renewal fee in effect at the time of 
130.28 	renewal plus $100.
130.29 	(g) The fee for license verification shall not exceed $30.
130.30 	(h) The fee to obtain a list of licensees shall not exceed $25.
130.31 	(i) No fee may be refunded for any reason.

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

131.1 	Sec. 54. FIRST APPOINTMENTS, FIRST MEETING, AND FIRST CHAIR OF 
131.2 	THE ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY COUNCIL.
 131.3 	The Board of Podiatric Medicine shall make its first appointments authorized 
131.4 	under Minnesota Statutes, section 153B.25, to the Orthotics, Prosthetics, and Pedorthics 
131.5 	Advisory Council, by September 1, 2016. The board shall designate four of its first 
131.6 	appointees to serve terms that are coterminous with the governor. The chair of the Board 
131.7 	of Podiatric Medicine or the chair's designee shall convene the first meeting of the council 
131.8 	by November 1, 2016. The council must elect a chair from among its members at the first 
131.9 	meeting of the council.

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

131.11 	ARTICLE 8
131.12 	CONFORMING AMENDMENTS

131.13 	Section 1. Minnesota Statutes 2014, section 146A.06, subdivision 3, is amended to read:
131.14 		Subd. 3.Exchanging information. (a) The office shall establish internal operating 
131.15 	procedures for:
131.16 	(1) exchanging information with state boards; agencies, including the Office of 
131.17 	Ombudsman for Mental Health and Developmental Disabilities; health-related and law 
131.18 	enforcement facilities; departments responsible for licensing health-related occupations, 
131.19 	facilities, and programs; and law enforcement personnel in this and other states; and
131.20 	(2) coordinating investigations involving matters within the jurisdiction of more 
131.21 	than one regulatory agency.
131.22 	(b) The procedures for exchanging information must provide for the forwarding to 
131.23 	the entities described in paragraph (a), clause (1), of information and evidence, including 
131.24 	the results of investigations, that are relevant to matters within the regulatory jurisdiction 
131.25 	of the organizations in paragraph (a). The data have the same classification in the hands of 
131.26 	the agency receiving the data as they have in the hands of the agency providing the data.
131.27 	(c) The office shall establish procedures for exchanging information with other 
131.28 	states regarding disciplinary action against unlicensed complementary and alternative 
131.29 	health care practitioners.
131.30 	(d) The office shall forward to another governmental agency any complaints received 
131.31 	by the office that do not relate to the office's jurisdiction but that relate to matters within 
131.32 	the jurisdiction of the other governmental agency. The agency to which a complaint is 
131.33 	forwarded shall advise the office of the disposition of the complaint. A complaint or 
131.34 	other information received by another governmental agency relating to a statute or rule 
132.1 	that the office is empowered to enforce must be forwarded to the office to be processed 
132.2 	in accordance with this section.
132.3 	(e) The office shall furnish to a person who made a complaint a description of the 
132.4 	actions of the office relating to the complaint.
132.5 	(f) The office shall report to the Board of Nursing all final disciplinary actions 
132.6 	against individuals practicing massage and bodywork as unlicensed complementary and 
132.7 	alternative health practitioners. Upon request by the Board of Nursing, the office may 
132.8 	share all complaint, investigatory, and disciplinary data regarding a named individual who 
132.9 	has practiced or is practicing massage and bodywork as an unlicensed complementary and 
132.10 	complementary and alternative health practitioner.

132.11 	Sec. 2. Minnesota Statutes 2014, section 146A.09, is amended by adding a subdivision 
132.12 	to read:
132.13 		Subd. 8.Registered massage and bodywork therapists. No person whose 
132.14 	registration as a massage and bodywork therapist under sections 148.981 to 148.9886 
132.15 	has been suspended or revoked by the Board of Nursing may practice as an unlicensed 
132.16 	complementary and alternative health care practitioner under Minnesota Statutes, chapter 
132.17 	146A, during a period of suspension or revocation.

132.18 	Sec. 3. [325F.816] MUNICIPAL OR CITY BUSINESS LICENSE; MASSAGE.
132.19 	An individual who is issued a municipal or city business license to practice massage 
132.20 	is prohibited from advertising as a licensed massage and bodywork therapist unless the 
132.21 	individual has received a professional credential from another state, is current in licensure, 
132.22 	and remains in good standing under the credentialing state's requirements.

132.23 	Sec. 4. EFFECTIVE DATE.
 132.24 	This article is effective August 1, 2016.

132.25 	ARTICLE 9
132.26 	HUMAN SERVICES FORECAST ADJUSTMENTS

132.27	Section 1. HUMAN SERVICES APPROPRIATION.
 	
132.28 	The sums shown in the columns marked "Appropriations" are added to or, if shown 
132.29 	in parentheses, subtracted from the appropriations in Laws 2015, chapter 71, article 13, 
132.30 	from the general fund or any fund named to the Department of Human Services for the 
132.31 	purposes specified in this article, to be available for the fiscal year indicated for each 
132.32 	purpose. The figures "2016" and "2017" used in this article mean that the appropriations 
133.1 	listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, 
133.2 	respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017. 
133.3 	"The biennium" is fiscal years 2016 and 2017.

133.4				APPROPRIATIONS
	
133.5				Available for the Year
	
133.6				Ending June 30
	
133.7					2016
		2017

133.8
133.9	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

133.10	Subdivision 1.Total Appropriation
 	$
	(615,912,000)
	$
	(518,891,000)

133.11	Appropriations by Fund
	
133.12		2016
	2017
	
133.13	General Fund
	(307,806,000)
	(246,029,000)
	
133.14
133.15	Health Care Access 
Fund
	(289,770,000)
	(277,101,000)
	
133.16	Federal TANF
	(18,336,000)
	4,239,000

133.17	Subd. 2.Forecasted Programs

133.18	(a) MFIP/DWP

133.19	Appropriations by Fund
	
133.20	General Fund
	9,833,000
	(8,799,000)
	
133.21	Federal TANF
	(20,225,000)
	4,212,000

133.22	(b) MFIP Child Care Assistance
		(23,094,000)
		(7,760,000)

133.23	(c) General Assistance
		(2,120,000)
		(1,078,000)

133.24	(d) Minnesota Supplemental Aid
		(1,613,000)
		(1,650,000)

133.25	(e) Group Residential Housing
		(8,101,000)
		(7,954,000)

133.26	(f) Northstar Care for Children
		2,231,000
		4,496,000

133.27	(g) MinnesotaCare
		(227,821,000)
		(230,027,000)
	
133.28 	These appropriations are from the health care 
133.29 	access fund.

133.30	(h) Medical Assistance

133.31	Appropriations by Fund
	
133.32	General Fund
	(294,773,000)
	(243,700,000)
	
133.33
133.34	Health Care Access 
Fund
	(61,949,000)
	(47,074,000)

134.1	(i) Alternative Care Program
		-0-
		-0-

134.2	(j) CCDTF Entitlements
		9,831,000
		20,416,000

134.3	Subd. 3.Technical Activities
 		1,889,000
		27,000
	
134.4 	These appropriations are from the federal 
134.5 	TANF fund.

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

134.7 	ARTICLE 10
134.8 	HEALTH AND HUMAN SERVICES APPROPRIATIONS

134.9	Section 1. HEALTH AND HUMAN SERVICES APPROPRIATIONS.
 	
134.10 	The sums shown in the columns marked "Appropriations" are added to or, if shown 
134.11 	in parentheses, subtracted from the appropriations in Laws 2015, chapter 71, article 14, to 
134.12 	the agencies and for the purposes specified in this article. The appropriations are from the 
134.13 	general fund or other named fund and are available for the fiscal years indicated for each 
134.14 	purpose. The figures "2016" and "2017" used in this article mean that the addition to or 
134.15 	subtraction from the appropriation listed under them is available for the fiscal year ending 
134.16 	June 30, 2016, or June 30, 2017, respectively. Supplemental appropriations and reductions 
134.17 	to appropriations for the fiscal year ending June 30, 2016, are effective the day following 
134.18 	final enactment unless a different effective date is explicit.

134.19				APPROPRIATIONS
	
134.20				Available for the Year
	
134.21				Ending June 30
	
134.22					2016
		2017

134.23
134.24	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

134.25	Subdivision 1.Total Appropriation 		
-0-
		(3,032,000)

134.26	Appropriations by Fund
	
134.27		2016
	2017
	
134.28	General
	-0-	
(2,147,000)
	
134.29
134.30	State Government 
Special Revenue
	-0-	
-0-
	
134.31	Health Care Access
	-0-
	(885,000)
	
134.32	Federal TANF
	-0-
	-0-

134.33	Subd. 2.Central Office Operations

135.1	(a) Operations

135.2	Appropriations by Fund
	
135.3	General
	-0-
	(10,971,000)
	
135.4
135.5	State Government 
Special Revenue 
	-0-
	-0-
	
135.6	Health Care Access
	-0-
	-0-
	
135.7 	Base Adjustment. The general fund base is 
135.8 	reduced by $11,853,000 in fiscal year 2018 
135.9 	and $11,650,000 in fiscal year 2019.

135.10	(b) Children and Families
		-0-		
-0-

135.11	(c) Health Care

135.12	Appropriations by Fund
	
135.13	General
	-0-
	162,000
	
135.14	Health Care Access
	-0-
	(943,000)
	
135.15 	Waiver to Allow MinnesotaCare-Eligible 
135.16 	Persons to Purchase Coverage Through 
135.17 	Qualified Health Plans. $213,000 in fiscal 
135.18 	year 2017 from the health care access fund is 
135.19 	for the commissioner to request a waiver to 
135.20 	allow persons eligible for MinnesotaCare to 
135.21 	instead purchase coverage from a qualified 
135.22 	health plan and access advanced premium 
135.23 	tax credits and cost-sharing reductions. This 
135.24 	is a onetime appropriation.
135.25 	Base Adjustment. The general fund base is 
135.26 	increased by $142,000 in fiscal years 2018 
135.27 	and 2019. The health care access fund base 
135.28 	is reduced by $1,142,000 in fiscal year 2018 
135.29 	and $1,153,000 in fiscal year 2019.

135.30	(d) Continuing Care
		-0-
		201,000
	
135.31 	Long-Term Care Simulation Model.
135.32 	(a) $200,000 in fiscal year 2017 is for 
135.33 	the commissioner of human resources to 
135.34 	develop a Minnesota-specific long-term care 
136.1 	financing microsimulation model. This is a 
136.2 	onetime appropriation. The commissioner 
136.3 	shall ensure that the model:
136.4 	(1) predicts the needs and future utilization 
136.5 	of long-term care services and supports for 
136.6 	Minnesotans based on demographic and 
136.7 	economic factors; and
136.8 	(2) estimates the costs of care under various 
136.9 	funding scenarios, including voluntary 
136.10 	programs, to determine the impact of 
136.11 	various financing options on state funds, 
136.12 	out-of-pocket expenses, Medicare, and other 
136.13 	insurance and financing products.
136.14 	(b) The commissioner shall use the 
136.15 	appropriation in paragraph (a) to create and 
136.16 	implement the model to:
136.17 	(1) predict the cost of long-term care under 
136.18 	various public and private financing options, 
136.19 	including voluntary programs; and
136.20 	(2) determine the most appropriate options 
136.21 	for the state. 
136.22 	(c) The commissioner shall report by January 
136.23 	15, 2018, to the chairs and ranking minority 
136.24 	members of the legislative committees and 
136.25 	divisions with jurisdiction over health and 
136.26 	human services policy and finance on the 
136.27 	development of the long-term care simulation 
136.28 	model.
136.29 	(d) Notwithstanding any contrary provision 
136.30 	in this article, paragraphs (a) to (c) expire 
136.31 	January 15, 2018.

136.32	(e) Community Supports
		-0-
		74,000
	
137.1 	Base Adjustment. The general fund base 
137.2 	is increased by $543,000 in fiscal year 2018 
137.3 	and $503,000 in fiscal year 2019.

137.4	Subd. 3.Forecasted Programs

137.5	(a) MFIP/DWP

137.6	Appropriations by Fund
	
137.7	General
		-0-
	
137.8	Federal TANF
		-0-

137.9	(b) MFIP Child Care Assistance
		-0-		
-0-

137.10	(c) General Assistance
		-0-		
-0-

137.11	(d) MN Supplemental Assistance
		-0-		
-0-

137.12	(e) Group Residential Housing
		-0-
		-0-

137.13	(f) Northstar Care for Children
		-0-
		-0-

137.14	(g) MinnesotaCare
		-0-
		58,000
	
137.15 	These appropriations are from the health care 
137.16 	access fund.

137.17	(h) Medical Assistance

137.18	Appropriations by Fund
	
137.19	General
	-0-
	252,000
	
137.20	Health Care Access
	-0-
	-0-

137.21	(i) Alternative Care
		-0-
		-0-

137.22	(j) CD Treatment Fund
		-0-
		3,792,000
	
137.23 	Transfer. Notwithstanding Minnesota 
137.24 	Statutes, section 254B.06, subdivision 1, the 
137.25 	commissioner shall transfer up to $2,000,000, 
137.26 	if available, in fiscal year 2017 only, from the 
137.27 	consolidated chemical dependency treatment 
137.28 	fund administrative account in the special 
137.29 	revenue fund to the general fund.

137.30	Subd. 4.Grant Programs

137.31	(a) Support Services Grants
		-0-
		-0-

138.1	(b) BSF Child Care Assistance Grants
		-0-
		-0-
	
138.2 	Base Adjustment. The general fund base 
138.3 	is increased by $174,000 in fiscal year 2018 
138.4 	and $232,000 in fiscal year 2019.

138.5	(c) Child Care Development Grants
		-0-
		-0-

138.6	(d) Child Support Enforcement Grants
		-0-		
-0- 

138.7	(e) Children's Services Grants
		-0-
		-0-

138.8	(f) Children and Community Service Grants		
-0-		
1,400,000
	
138.9 	White Earth Band of Ojibwe Human 
138.10 	Services Initiative Project. $1,400,000 
138.11 	in fiscal year 2017 is for a grant to the 
138.12 	White Earth Band of Ojibwe for the direct 
138.13 	implementation and administrative costs of 
138.14 	the White Earth Human Services Initiative 
138.15 	Project authorized under Laws 2011, First 
138.16 	Special Session chapter 9, article 9, section 
138.17 	18. This is a onetime appropriation.

138.18	(g) Children and Economic Support Grants
		-0-
		934,000
	
138.19 	Safe Harbor. $934,000 in fiscal year 2017 
138.20 	from the general fund is for emergency shelter 
138.21 	and transitional and long-term housing beds 
138.22 	for sexually exploited youth and youth at 
138.23 	risk of sexual exploitation, and for statewide 
138.24 	youth outreach workers to connect sexually 
138.25 	exploited youth with shelter and services.

138.26	(h) Health Care Grants
		-0-		
-0-

138.27	(i) Other Long-Term Care Grants
		-0-
		-0-

138.28	(j) Aging and Adult Services Grants
		-0-
		40,000
	
138.29 	Advanced In-Home Activity Monitoring 
138.30 	Systems. $40,000 in fiscal year 2017 from the 
138.31 	general fund is for a grant to a local research 
138.32 	organization with expertise in identifying 
139.1 	current and potential support systems and 
139.2 	examining the capacity of those systems to 
139.3 	meet the needs of the growing population of 
139.4 	elderly persons, to conduct a comprehensive 
139.5 	assessment of current literature, past 
139.6 	research, and an environmental scan of the 
139.7 	field related to advanced in-home activity 
139.8 	monitoring systems for elderly persons. 
139.9 	The commissioner must report the results 
139.10 	of the assessment by January 15, 2017, to 
139.11 	the legislative committees and divisions with 
139.12 	jurisdiction over health and human services 
139.13 	policy and finance.
139.14 	Base Adjustment. The general fund base 
139.15 	is increased by $40,000 in fiscal years 2018 
139.16 	and 2019.

139.17	(k) Deaf and Hard-of-Hearing Grants
		-0-
		-0-

139.18	(l) Disabilities Grants
		-0-
		-0-

139.19	(m) Adult Mental Health Grants
		-0-
		394,000
	
139.20 	Mental Health Pilot Project. $394,000 
139.21 	in fiscal year 2017 from the general fund 
139.22 	is for a grant to the Zumbro Valley Health 
139.23 	Center. The grant shall be used to continue a 
139.24 	pilot project to test an integrated behavioral 
139.25 	health care coordination model. The grant 
139.26 	recipient must report measurable outcomes 
139.27 	to the commissioner of human services by 
139.28 	December 1, 2018. This appropriation does 
139.29 	not expire and is available through June 30, 
139.30 	2018.

139.31	(n) Child Mental Health Grants
		-0-
		600,000
	
139.32 	Children's Mental Health Collaboratives.
139.33 	$600,000 in fiscal year 2017 from the general 
139.34 	fund is for a children's mental health grant 
140.1 	under Minnesota Statutes, section 245.4889, 
140.2 	for a rural demonstration project to assist 
140.3 	transition-aged youth and young adults 
140.4 	with emotional behavioral disturbance or 
140.5 	mental illnesses in making a successful 
140.6 	transition into adulthood. This is a onetime 
140.7 	appropriation.

140.8
140.9	(o) Chemical Dependency Treatment Support 
Grants
		-0-		
975,000
	
140.10 	Peer Specialists. $800,000 in fiscal year 
140.11 	2017 from the general fund is for grants 
140.12 	to recovery community organizations to 
140.13 	train, hire, and supervise peer specialists 
140.14 	to work with underserved populations as 
140.15 	part of the continuum of care for substance 
140.16 	use disorders. Recovery community 
140.17 	organizations located in Rochester, 
140.18 	Moorhead, and the Twin Cities metropolitan 
140.19 	area are eligible to receive grant funds.
140.20 	Recovery Community Organizations.
140.21 	$175,000 in fiscal year 2017 from the 
140.22 	general fund is for a grant to recovery 
140.23 	community organizations to create and 
140.24 	implement a public relations campaign 
140.25 	specific to reducing the stigma associated 
140.26 	with substance use disorders. Recovery 
140.27 	community organizations located in 
140.28 	Rochester, Moorhead, and the Twin Cities 
140.29 	metropolitan area are eligible to receive grant 
140.30 	funds.
140.31 	Base Adjustment. The general fund base is 
140.32 	increased by $800,000 in fiscal years 2018 
140.33 	and 2019.

140.34	Subd. 5.DCT State-Operated Services

141.1
141.2	(a) DCT State-Operated Services Mental 
Health
		-0-
		-0-

141.3
141.4	(b) DCT State-Operated Services Enterprise 
Services
		-0-
		-0-

141.5
141.6	(c) DCT State-Operated Services Minnesota 
Security Hospital
		-0-
		-0-

141.7
141.8	Subd. 6.DCT Minnesota Sex Offender 
Program
 		-0-
		-0-

141.9	Subd. 7.Technical Activities
 		-0-
		-0-

141.10	Sec. 3. COMMISSIONER OF HEALTH

141.11	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	1,813,000

141.12	Appropriations by Fund
	
141.13		2016
	2017
	
141.14	General
	-0-
	315,000
	
141.15	Health Care Access
	-0-
	1,000,000
	
141.16
141.17	State Government 
Special Revenue
	-0-
	498,000
	
141.18 	The appropriation modifications for each 
141.19 	purpose are shown in subdivisions 2 and 3.

141.20	Subd. 2.Health Improvement

141.21	Appropriations by Fund
	
141.22	General
	-0-
	315,000
	
141.23	Health Care Access
	-0-
	1,000,000
	
141.24
141.25	State Government 
Special Revenue
	-0-
	498,000
	
141.26 	Greater Minnesota Family Residency 
141.27 	Program. $1,000,000 in fiscal year 2017 
141.28 	from the health care access fund is for the 
141.29 	commissioner of health to award grants 
141.30 	for the greater Minnesota family residency 
141.31 	program.
141.32 	Reporting on Health Care Costs and 
141.33 	Volume. $250,000 in fiscal year 2017 from 
141.34 	the general fund is for the commissioner of 
141.35 	health to expand public reporting on average 
142.1 	cost and volume information for procedures, 
142.2 	tests, and services from clinics, medical 
142.3 	groups, and hospitals for those procedures, 
142.4 	tests, and services that the commissioner 
142.5 	determines most impact the quality of care 
142.6 	and patient outcomes under Minnesota 
142.7 	Statutes, section 62U.02. The commissioner 
142.8 	may contract with an external vendor in 
142.9 	conducting the work.
142.10 	Base Adjustments. The general fund base is 
142.11 	increased by $2,094,000 in fiscal years 2018 
142.12 	and 2019. The health care access fund base 
142.13 	is increased by $1,000,000 in fiscal years 
142.14 	2018 and 2019.

142.15	Subd. 3.Health Protection
 		-0-
		-0-

142.16	Sec. 4. HEALTH-RELATED BOARDS

142.17	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	354,000
	
142.18 	This appropriation is from the state 
142.19 	government special revenue fund.

142.20	Subd. 2.Genetic Counselors
 		-0-
		22,000

142.21	Subd. 3.Board of Nursing
 		-0-
		257,000

142.22	Subd. 4.Board of Podiatric Medicine
 		-0-
		75,000

142.23	Sec. 5. EMS REGULATORY BOARD
 	$
	70,000
	$
	55,000
	
142.24 	EMS Technology. Of these appropriations:
142.25 	(1) $34,000 in fiscal year 2016 and 
142.26 	$34,000 in fiscal year 2017 are for annual 
142.27 	support, maintenance, and hosting of the 
142.28 	comprehensive electronic licensing and 
142.29 	agency operations software solution;
142.30 	(2) $21,000 in fiscal year 2016 and $21,000 
142.31 	in fiscal year 2017 are for annual support, 
143.1 	maintenance, and housing of the MNSTAR 
143.2 	prehospital patient care report database; and
143.3 	(3) $15,000 in fiscal year 2016 is for the 
143.4 	board to purchase four 800-megahertz 
143.5 	handheld radios to be used by field staff to 
143.6 	meet board responsibilities for emergency 
143.7 	communications during a regional or 
143.8 	statewide emergency.
143.9 	This provision is effective the day following 
143.10 	final enactment.

143.11
143.12
143.13	Sec. 6. OMBUDSMAN FOR MENTAL 
HEALTH AND DEVELOPMENTAL 
DISABILITIES
 	$
	-0-
	$
	250,000
	
143.14 	These funds are for two positions for the 
143.15 	Jensen Settlement and Minnesota's Olmstead 
143.16 	Plan System Division, for oversight and 
143.17 	systematic monitoring for the Jensen and 
143.18 	Olmstead implementation plans and to fulfill 
143.19 	the duties as a consultant to the court and all 
143.20 	parties, as appointed by the federal court.

143.21 	Sec. 7. Laws 2015, chapter 71, article 14, section 2, subdivision 5, as amended by 
143.22 	Laws 2015, First Special Session chapter 6, section 1, is amended to read:

143.23	Subd. 5.Grant Programs
 					
143.24 	The amounts that may be spent from this 
143.25 	appropriation for each purpose are as follows:

143.26	(a) Support Services Grants

143.27	Appropriations by Fund
	
143.28	General
	13,133,000
	8,715,000
	
143.29	Federal TANF
	96,311,000
	96,311,000

143.30
143.31	(b) Basic Sliding Fee Child Care Assistance 
Grants
		48,439,000
		51,559,000
	
143.32 	Basic Sliding Fee Waiting List Allocation. 
143.33 	Notwithstanding Minnesota Statutes, section 
144.1 	119B.03, $5,413,000 in fiscal year 2016 is to 
144.2 	reduce the basic sliding fee program waiting 
144.3 	list as follows:
144.4 	(1) The calendar year 2016 allocation shall 
144.5 	be increased to serve families on the waiting 
144.6 	list. To receive funds appropriated for this 
144.7 	purpose, a county must have:
144.8 	(i) a waiting list in the most recent published 
144.9 	waiting list month; 
144.10 	(ii) an average of at least ten families on the 
144.11 	most recent six months of published waiting 
144.12 	list; and 
144.13 	(iii) total expenditures in calendar year 
144.14 	2014 that met or exceeded 80 percent of the 
144.15 	county's available final allocation.
144.16 	(2) Funds shall be distributed proportionately 
144.17 	based on the average of the most recent six 
144.18 	months of published waiting lists to counties 
144.19 	that meet the criteria in clause (1).
144.20 	(3) Allocations in calendar years 2017 
144.21 	and beyond shall be calculated using the 
144.22 	allocation formula in Minnesota Statutes, 
144.23 	section 119B.03.
144.24 	(4) The guaranteed floor for calendar year 
144.25 	2017 shall be based on the revised calendar 
144.26 	year 2016 allocation. 
144.27 	Base Level Adjustment. The general fund 
144.28 	base is increased by $810,000 in fiscal year 
144.29 	2018 and increased by $821,000 in fiscal 
144.30 	year 2019.

144.31	(c) Child Care Development Grants
		1,737,000
		1,737,000

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

144.33	(e) Children's Services Grants

145.1	Appropriations by Fund
	
145.2	General
	39,015,000
	38,665,000
	
145.3	Federal TANF
	140,000
	140,000
	
145.4 	Safe Place for Newborns. $350,000 from 
145.5 	the general fund in fiscal year 2016 is to 
145.6 	distribute information on the Safe Place 
145.7 	for Newborns law in Minnesota to increase 
145.8 	public awareness of the law. This is a 
145.9 	onetime appropriation.
145.10 	Child Protection. $23,350,000 in fiscal 
145.11 	year 2016 and $23,350,000 in fiscal year 
145.12 	2017 are to address child protection staffing 
145.13 	and services under Minnesota Statutes, 
145.14 	section 256M.41. $1,650,000 in fiscal year 
145.15 	2016 and $1,650,000 in fiscal year 2017 
145.16 	are for child protection grants to address 
145.17 	child welfare disparities under Minnesota 
145.18 	Statutes, section 256E.28. Of the fiscal 
145.19 	year 2017 appropriation to address child 
145.20 	protection staffing and services in 2017 only, 
145.21 	$1,600,000 is for a grant to the White Earth 
145.22 	Band of Ojibwe for purposes of delivering 
145.23 	child welfare services.
145.24 	Title IV-E Adoption Assistance. Additional 
145.25 	federal reimbursement to the state as a result 
145.26 	of the Fostering Connections to Success 
145.27 	and Increasing Adoptions Act's expanded 
145.28 	eligibility for title IV-E adoption assistance 
145.29 	is appropriated to the commissioner 
145.30 	for postadoption services, including a 
145.31 	parent-to-parent support network. 
145.32 	Adoption Assistance Incentive Grants. 
145.33 	Federal funds available during fiscal years 
145.34 	2016 and 2017 for adoption incentive 
145.35 	grants are appropriated to the commissioner 
146.1 	for postadoption services, including a 
146.2 	parent-to-parent support network.

146.3	(f) Children and Community Service Grants
		56,301,000
		56,301,000

146.4	(g) Children and Economic Support Grants
		26,778,000
		26,966,000
	
146.5 	Mobile Food Shelf Grants. (a) $1,000,000 
146.6 	in fiscal year 2016 and $1,000,000 in 
146.7 	fiscal year 2017 are for a grant to Hunger 
146.8 	Solutions. This is a onetime appropriation 
146.9 	and is available until June 30, 2017.
146.10 	(b) Hunger Solutions shall award grants of 
146.11 	up to $75,000 on a competitive basis. Grant 
146.12 	applications must include:
146.13 	(1) the location of the project;
146.14 	(2) a description of the mobile program, 
146.15 	including size and scope;
146.16 	(3) evidence regarding the unserved or 
146.17 	underserved nature of the community in 
146.18 	which the project is to be located;
146.19 	(4) evidence of community support for the 
146.20 	project;
146.21 	(5) the total cost of the project;
146.22 	(6) the amount of the grant request and how 
146.23 	funds will be used;
146.24 	(7) sources of funding or in-kind 
146.25 	contributions for the project that will 
146.26 	supplement any grant award; 
146.27 	(8) a commitment to mobile programs by the 
146.28 	applicant and an ongoing commitment to 
146.29 	maintain the mobile program; and
146.30 	(9) any additional information requested by 
146.31 	Hunger Solutions.
146.32 	(c) Priority may be given to applicants who:
147.1 	(1) serve underserved areas;
147.2 	(2) create a new or expand an existing mobile 
147.3 	program;
147.4 	(3) serve areas where a high amount of need 
147.5 	is identified;
147.6 	(4) provide evidence of strong support for the 
147.7 	project from citizens and other institutions in 
147.8 	the community;
147.9 	(5) leverage funding for the project from 
147.10 	other private and public sources; and
147.11 	(6) commit to maintaining the program on a 
147.12 	multilayer basis.
147.13 	Homeless Youth Act. At least $500,000 of 
147.14 	the appropriation for the Homeless Youth 
147.15 	Act must be awarded to providers in greater 
147.16 	Minnesota, with at least 25 percent of this 
147.17 	amount for new applicant providers. The 
147.18 	commissioner shall provide outreach and 
147.19 	technical assistance to greater Minnesota 
147.20 	providers and new providers to encourage 
147.21 	responding to the request for proposals.
147.22 	Stearns County Veterans Housing. 
147.23 	$85,000 in fiscal year 2016 and $85,000 
147.24 	in fiscal year 2017 are for a grant to 
147.25 	Stearns County to provide administrative 
147.26 	funding in support of a service provider 
147.27 	serving veterans in Stearns County. The 
147.28 	administrative funding grant may be used to 
147.29 	support group residential housing services, 
147.30 	corrections-related services, veteran services, 
147.31 	and other social services related to the service 
147.32 	provider serving veterans in Stearns County.
147.33 	Safe Harbor. $800,000 in fiscal year 2016 
147.34 	and $800,000 in fiscal year 2017 are from 
148.1 	the general fund for emergency shelter and 
148.2 	transitional and long-term housing beds for 
148.3 	sexually exploited youth and youth at risk of 
148.4 	sexual exploitation. Of this appropriation, 
148.5 	$150,000 in fiscal year 2016 and $150,000 in 
148.6 	fiscal year 2017 are from the general fund for 
148.7 	statewide youth outreach workers connecting 
148.8 	sexually exploited youth and youth at risk of 
148.9 	sexual exploitation with shelter and services.
148.10 	Minnesota Food Assistance Program. 
148.11 	Unexpended funds for the Minnesota food 
148.12 	assistance program for fiscal year 2016 do 
148.13 	not cancel but are available for this purpose 
148.14 	in fiscal year 2017. 
148.15 	Base Level Adjustment. The general fund 
148.16 	base is decreased by $816,000 in fiscal year 
148.17 	2018 and is decreased by $606,000 in fiscal 
148.18 	year 2019.

148.19	(h) Health Care Grants

148.20	Appropriations by Fund
	
148.21	General
	536,000
	2,482,000
	
148.22	Health Care Access
	3,341,000
	3,465,000
	
148.23 	Grants for Periodic Data Matching for 
148.24 	Medical Assistance and MinnesotaCare. 
148.25 	Of the general fund appropriation, $26,000 
148.26 	in fiscal year 2016 and $1,276,000 in fiscal 
148.27 	year 2017 are for grants to counties for 
148.28 	costs related to periodic data matching 
148.29 	for medical assistance and MinnesotaCare 
148.30 	recipients under Minnesota Statutes, 
148.31 	section 256B.0561. The commissioner 
148.32 	must distribute these grants to counties in 
148.33 	proportion to each county's number of cases 
148.34 	in the prior year in the affected programs.
149.1 	Base Level Adjustment. The general fund 
149.2 	base is increased by $1,637,000 in fiscal year 
149.3 	2018 and increased by $1,229,000 in fiscal 
149.4 	year 2019.

149.5	(i) Other Long-Term Care Grants
		1,551,000
		3,069,000
	
149.6 	Transition Populations. $1,551,000 in fiscal 
149.7 	year 2016 and $1,725,000 in fiscal year 2017 
149.8 	are for home and community-based services 
149.9 	transition grants to assist in providing home 
149.10 	and community-based services and treatment 
149.11 	for transition populations under Minnesota 
149.12 	Statutes, section 256.478.
149.13 	Base Level Adjustment. The general fund 
149.14 	base is increased by $156,000 in fiscal year 
149.15 	2018 and by $581,000 in fiscal year 2019.

149.16	(j) Aging and Adult Services Grants
		28,463,000
		28,162,000
	
149.17 	Dementia Grants. $750,000 in fiscal year 
149.18 	2016 and $750,000 in fiscal year 2017 
149.19 	are for the Minnesota Board on Aging for 
149.20 	regional and local dementia grants authorized 
149.21 	in Minnesota Statutes, section 256.975, 
149.22 	subdivision 11.

149.23	(k) Deaf and Hard-of-Hearing Grants
		2,225,000
		2,375,000
	
149.24 	Deaf, Deafblind, and Hard-of-Hearing 
149.25 	Grants. $350,000 in fiscal year 2016 and 
149.26 	$500,000 in fiscal year 2017 are for deaf 
149.27 	and hard-of-hearing grants. The funds 
149.28 	must be used to increase the number of 
149.29 	deafblind Minnesotans receiving services 
149.30 	under Minnesota Statutes, section 256C.261, 
149.31 	and to provide linguistically and culturally 
149.32 	appropriate mental health services to children 
149.33 	who are deaf, deafblind, and hard-of-hearing. 
149.34 	This is a onetime appropriation.
150.1 	Base Level Adjustment. The general fund 
150.2 	base is decreased by $500,000 in fiscal year 
150.3 	2018 and by $500,000 in fiscal year 2019.

150.4	(l) Disabilities Grants
		20,820,000
		20,858,000
	
150.5 	State Quality Council. $573,000 in fiscal 
150.6 	year 2016 and $600,000 in fiscal year 
150.7 	2017 are for the State Quality Council to 
150.8 	provide technical assistance and monitoring 
150.9 	of person-centered outcomes related to 
150.10 	inclusive community living and employment. 
150.11 	The funding must be used by the State 
150.12 	Quality Council to assure a statewide plan 
150.13 	for systems change in person-centered 
150.14 	planning that will achieve desired outcomes 
150.15 	including increased integrated employment 
150.16 	and community living.

150.17	(m) Adult Mental Health Grants

150.18	Appropriations by Fund
	
150.19	General
	69,992,000
	71,244,000
	
150.20	Health Care Access
	1,575,000
	2,473,000
	
150.21	Lottery Prize
	1,733,000
	1,733,000
	
150.22 	Funding Usage. Up to 75 percent of a fiscal 
150.23 	year's appropriation for adult mental health 
150.24 	grants may be used to fund allocations in that 
150.25 	portion of the fiscal year ending December 
150.26 	31.
150.27 	Culturally Specific Mental Health 
150.28 	Services. $100,000 in fiscal year 2016 is for 
150.29 	grants to nonprofit organizations to provide 
150.30 	resources and referrals for culturally specific 
150.31 	mental health services to Southeast Asian 
150.32 	veterans born before 1965 who do not qualify 
150.33 	for services available to veterans formally 
150.34 	discharged from the United States armed 
150.35 	forces.
151.1 	Problem Gambling. $225,000 in fiscal year 
151.2 	2016 and $225,000 in fiscal year 2017 are 
151.3 	from the lottery prize fund for a grant to the 
151.4 	state affiliate recognized by the National 
151.5 	Council on Problem Gambling. The affiliate 
151.6 	must provide services to increase public 
151.7 	awareness of problem gambling, education, 
151.8 	and training for individuals and organizations 
151.9 	providing effective treatment services to 
151.10 	problem gamblers and their families, and 
151.11 	research related to problem gambling.
151.12 	Sustainability Grants. $2,125,000 in fiscal 
151.13 	year 2016 and $2,125,000 in fiscal year 2017 
151.14 	are for sustainability grants under Minnesota 
151.15 	Statutes, section 256B.0622, subdivision 11.
151.16 	Beltrami County Mental Health Services 
151.17 	Grant. $1,000,000 in fiscal year 2016 and 
151.18 	$1,000,000 in fiscal year 2017 are from the 
151.19 	general fund for a grant to Beltrami County 
151.20 	to fund the planning and development of 
151.21 	a comprehensive mental health services 
151.22 	program under article 2, section 41, 
151.23 	Comprehensive Mental Health Program 
151.24 	in Beltrami County. This is a onetime 
151.25 	appropriation.
151.26 	Base Level Adjustment. The general fund 
151.27 	base is increased by $723,000 in fiscal year 
151.28 	2018 and by $723,000 in fiscal year 2019. 
151.29 	The health care access fund base is decreased 
151.30 	by $1,723,000 in fiscal year 2018 and by 
151.31 	$1,723,000 in fiscal year 2019.

151.32	(n) Child Mental Health Grants
		23,386,000
		24,313,000
	
151.33 	Services and Supports for First Episode 
151.34 	Psychosis. $177,000 in fiscal year 2017 is 
151.35 	for grants under Minnesota Statutes, section 
152.1 	245.4889, to mental health providers to pilot 
152.2 	evidence-based interventions for youth at risk 
152.3 	of developing or experiencing a first episode 
152.4 	of psychosis and for a public awareness 
152.5 	campaign on the signs and symptoms of 
152.6 	psychosis. The base for these grants is 
152.7 	$236,000 in fiscal year 2018 and $301,000 in 
152.8 	fiscal year 2019.
152.9 	Adverse Childhood Experiences. The base 
152.10 	for grants under Minnesota Statutes, section 
152.11 	245.4889, to children's mental health and 
152.12 	family services collaboratives for adverse 
152.13 	childhood experiences (ACEs) training 
152.14 	grants and for an interactive Web site 
152.15 	connection to support ACEs in Minnesota is 
152.16 	$363,000 in fiscal year 2018 and $363,000 in 
152.17 	fiscal year 2019.
152.18 	Funding Usage. Up to 75 percent of a fiscal 
152.19 	year's appropriation for child mental health 
152.20 	grants may be used to fund allocations in that 
152.21 	portion of the fiscal year ending December 
152.22 	31.
152.23 	Base Level Adjustment. The general fund 
152.24 	base is increased by $422,000 in fiscal year 
152.25 	2018 and is increased by $487,000 in fiscal 
152.26 	year 2019.

152.27
152.28	(o) Chemical Dependency Treatment Support 
Grants
		1,561,000
		1,561,000
	
152.29 	Chemical Dependency Prevention. 
152.30 	$150,000 in fiscal year 2016 and $150,000 
152.31 	in fiscal year 2017 are for grants to 
152.32 	nonprofit organizations to provide chemical 
152.33 	dependency prevention programs in 
152.34 	secondary schools. When making grants, the 
152.35 	commissioner must consider the expertise, 
153.1 	prior experience, and outcomes achieved 
153.2 	by applicants that have provided prevention 
153.3 	programming in secondary education 
153.4 	environments. An applicant for the grant 
153.5 	funds must provide verification to the 
153.6 	commissioner that the applicant has available 
153.7 	and will contribute sufficient funds to match 
153.8 	the grant given by the commissioner. This is 
153.9 	a onetime appropriation.
153.10 	Fetal Alcohol Syndrome Grants. $250,000 
153.11 	in fiscal year 2016 and $250,000 in fiscal year 
153.12 	2017 are for grants to be administered by the 
153.13 	Minnesota Organization on Fetal Alcohol 
153.14 	Syndrome to provide comprehensive, 
153.15 	gender-specific services to pregnant and 
153.16 	parenting women suspected of or known 
153.17 	to use or abuse alcohol or other drugs. 
153.18 	This appropriation is for grants to no fewer 
153.19 	than three eligible recipients. Minnesota 
153.20 	Organization on Fetal Alcohol Syndrome 
153.21 	must report to the commissioner of human 
153.22 	services annually by January 15 on the 
153.23 	grants funded by this appropriation. The 
153.24 	report must include measurable outcomes for 
153.25 	the previous year, including the number of 
153.26 	pregnant women served and the number of 
153.27 	toxic-free babies born.
153.28 	Base Level Adjustment. The general fund 
153.29 	base is decreased by $150,000 in fiscal year 
153.30 	2018 and by $150,000 in fiscal year 2019.

153.31 	Sec. 8. Laws 2015, chapter 71, article 14, section 4, subdivision 1, is amended to read:

153.32
153.33	Subdivision 1.Total Appropriation
 	$
	19,707,000
19,902,000
	$
	19,597,000
19,852,000
	
153.34 	This appropriation is from the state 
153.35 	government special revenue fund. The 
154.1 	amounts that may be spent for each purpose 
154.2 	are specified in the following subdivisions.

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

154.4 	Sec. 9. Laws 2015, chapter 71, article 14, section 4, subdivision 3, is amended to read:

154.5
154.6	Subd. 3.Board of Dentistry
 		2,192,000
1,342,000
		2,206,000
1,342,000
	
154.7 	This appropriation includes $864,000 in fiscal 
154.8 	year 2016 and $878,000 in fiscal year 2017 
154.9 	for the health professional services program.

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

154.11 	Sec. 10. Laws 2015, chapter 71, article 14, section 4, subdivision 5, is amended to read:

154.12
154.13	Subd. 5.Board of Marriage and Family 
Therapy
 		234,000
274,000
		237,000
287,000

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

154.15 	Sec. 11. Laws 2015, chapter 71, article 14, section 4, subdivision 10, is amended to read:

154.16
154.17	Subd. 10.Board of Pharmacy
 		2,847,000
2,962,000
		2,888,000
3,033,000

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

154.19 	Sec. 12. Laws 2015, chapter 71, article 14, section 4, subdivision 11, is amended to read:

154.20
154.21	Subd. 11.Board of Physical Therapy
 		354,000
1,244,000
		359,000
1,283,000
	
154.22 	Health Professional Services Program. Of 
154.23 	this appropriation, $850,000 in fiscal year 
154.24 	2016 and $864,000 in fiscal year 2017 from 
154.25 	the state government special revenue fund are 
154.26 	for the health professional services program.

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

154.28 	Sec. 13. Laws 2015, chapter 71, article 14, section 9, is amended to read:

155.1
155.2	Sec. 9. COMMISSIONER OF COMMERCE
 	$
	210,000
-0-
	$
	213,000
-0-
	
155.3 	The commissioner of commerce shall 
155.4 	develop a proposal to allow individuals 
155.5 	to purchase qualified health plans outside 
155.6 	of MNsure directly from health plan 
155.7 	companies and to allow eligible individuals 
155.8 	to receive advanced premium tax credits and 
155.9 	cost-sharing reductions when purchasing 
155.10 	qualified health plans outside of MNsure.

155.11 	Sec. 14. EXPIRATION OF UNCODIFIED LANGUAGE.
 155.12 	All uncodified language contained in this article expires on June 30, 2017, unless a 
155.13 	different expiration date is explicit.

155.14 	Sec. 15. EFFECTIVE DATE.
 155.15 	This article is effective the day following final enactment.