1.1 	A bill for an act
1.2 	relating to state government finance; modifying provisions governing Department 
1.3 	of Health and public health, health care, chemical and mental health, opioids and 
1.4 	prescription drugs, community supports and continuing care, protections for older 
1.5 	adults and vulnerable adults, children and families, health licensing boards, and 
1.6 	MNsure; establishing the Vulnerable Adult Maltreatment Prevention and 
1.7 	Accountability Act; modifying requirements for data sharing and data 
1.8 	classifications; modifying a criminal penalty; establishing working groups; 
1.9 	establishing prescription drug repository program; entering into nurse licensure 
1.10 	compact; establishing a supplemental budget for transportation activities; modifying 
1.11 	various provisions governing transportation policy and finance; providing for 
1.12 	rulemaking; requiring reports; modifying fees; making forecast adjustments; 
1.13 	appropriating money; authorizing the sale and issuance of state bonds;amending 
1.14 	Minnesota Statutes 2016, sections 8.31, subdivision 1; 13.461, by adding a 
1.15 	subdivision; 13.6905, subdivision 3; 13.72, subdivision 10; 13.83, subdivision 2; 
1.16 	13.851, by adding a subdivision; 62A.30, by adding a subdivision; 62A.65, 
1.17 	subdivision 7; 62D.12, by adding a subdivision; 62Q.55, subdivision 5; 62V.05, 
1.18 	subdivisions 2, 5, 10; 103I.205, subdivision 9; 103I.301, subdivision 6; 119B.011, 
1.19 	by adding a subdivision; 119B.02, subdivision 7; 119B.03, subdivision 9; 144.057, 
1.20 	subdivision 1; 144.121, subdivision 1a, by adding a subdivision; 144.1501, 
1.21 	subdivisions 1, 3; 144.1506, subdivision 2; 144.608, subdivision 1; 144.6501, 
1.22 	subdivision 3, by adding a subdivision; 144.651, subdivisions 1, 2, 4, 14, 16, 20, 
1.23 	21; 144A.10, subdivision 1; 144A.26; 144A.43, subdivisions 11, 27, 30, by adding 
1.24 	a subdivision; 144A.44, subdivision 1; 144A.442; 144A.45, subdivisions 1, 2; 
1.25 	144A.472, subdivision 5; 144A.473; 144A.474, subdivisions 2, 8, 9; 144A.475, 
1.26 	subdivisions 1, 2, 5; 144A.476, subdivision 1; 144A.479, subdivision 7, by adding 
1.27 	a subdivision; 144A.4791, subdivisions 1, 3, 6, 7, 8, 9, 10, 13; 144A.4792, 
1.28 	subdivisions 1, 2, 5, 10; 144A.4793, subdivision 6; 144A.4797, subdivision 3; 
1.29 	144A.4798; 144A.4799, subdivision 1; 144A.484, subdivision 1; 144A.53, 
1.30 	subdivisions 1, 4, by adding subdivisions; 144D.01, subdivision 1; 144D.02; 
1.31 	144D.04, by adding a subdivision; 144E.16, by adding subdivisions; 144G.01, 
1.32 	subdivision 1; 145.56, subdivision 2; 145.928, subdivisions 1, 7; 146B.03, by 
1.33 	adding a subdivision; 147A.08; 148.512, subdivision 17a; 148.513, subdivisions 
1.34 	1, 2, by adding a subdivision; 148.515, subdivision 1; 148.516; 148.519, by adding 
1.35 	a subdivision; 148.5192, subdivision 1; 148.5193, by adding a subdivision; 
1.36 	148.5194, subdivision 8, by adding a subdivision; 148.5195, subdivision 3; 
1.37 	148.5196, subdivision 3; 148.59; 148.995, subdivision 2; 148E.180; 149A.40, 
1.38 	subdivision 11; 149A.95, subdivision 3; 150A.06, subdivision 1a, by adding 
1.39 	subdivisions; 150A.091, by adding subdivisions; 151.071, subdivision 2; 151.15, 
2.1 	by adding subdivisions; 151.19, subdivision 1; 151.214, subdivision 2; 151.46; 
2.2 	151.71, by adding a subdivision; 152.11, by adding a subdivision; 160.263, 
2.3 	subdivision 2; 160.295, subdivision 5; 161.115, subdivision 111; 161.14, by adding 
2.4 	subdivisions; 161.32, subdivision 2; 168.10, subdivision 1h; 168.101, subdivision 
2.5 	2a; 168.127, subdivision 6; 168.326; 168.33, by adding a subdivision; 168.345, 
2.6 	subdivision 2; 168A.02, subdivision 1; 168A.151, subdivision 1; 168A.29, 
2.7 	subdivision 1; 169.011, subdivisions 5, 9, 60; 169.06, subdivision 4a; 169.18, 
2.8 	subdivision 3; 169.222, subdivisions 1, 4; 169.26, subdivision 1; 169.28; 169.29; 
2.9 	169.345, subdivision 2; 169.442, by adding a subdivision; 169.448, subdivision 
2.10 	1; 169.4503, subdivisions 5, 13, by adding a subdivision; 169.475, subdivisions 
2.11 	2, 3; 169.55, subdivision 1; 169.57, subdivision 3; 169.64, subdivision 3, by adding 
2.12 	a subdivision; 169.81, by adding a subdivision; 169.8261, subdivision 2; 169.829, 
2.13 	by adding a subdivision; 169.87, subdivision 6; 169.974, subdivision 2; 174.66; 
2.14 	214.075, subdivisions 1, 4, 5, 6; 214.077; 214.10, subdivision 8; 214.12, by adding 
2.15 	a subdivision; 221.031, subdivision 2d, by adding a subdivision; 221.0314, 
2.16 	subdivision 9; 221.036, subdivisions 1, 3; 221.122, subdivision 1; 221.161, 
2.17 	subdivision 1, by adding a subdivision; 221.171, subdivision 1; 222.46; 222.50, 
2.18 	subdivisions 3, 4; 222.52; 222.57; 222.63, subdivision 8; 243.166, subdivision 4b; 
2.19 	245A.04, subdivision 7, by adding a subdivision; 245C.22, subdivision 4; 245D.071, 
2.20 	subdivision 5; 245D.091, subdivisions 2, 3, 4; 254B.02, subdivision 1; 256.01, by 
2.21 	adding a subdivision; 256.014, subdivision 2; 256.975, subdivision 7b; 256B.0575, 
2.22 	subdivision 1; 256B.0595, subdivision 3; 256B.0625, subdivisions 2, 18d, 30, by 
2.23 	adding subdivisions; 256B.0659, subdivisions 11, 21, 24, 28, by adding a 
2.24 	subdivision; 256B.4914, subdivision 4; 256B.5012, by adding a subdivision; 
2.25 	256B.69, subdivision 5a; 256K.45, subdivision 2; 256M.41, subdivision 3; 256R.53, 
2.26 	subdivision 2; 259.24, subdivision 2; 299A.705; 325F.71; 360.013, by adding a 
2.27 	subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.024; 360.062; 
2.28 	360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, 
2.29 	subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, 
2.30 	subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, 
2.31 	subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, 
2.32 	subdivision 9, by adding a subdivision; 473.13, by adding subdivisions; 473.386, 
2.33 	subdivision 3, by adding a subdivision; 473.4051, subdivision 3; 473.606, 
2.34 	subdivision 5; 518A.32, subdivision 3; 518A.685; 574.26, subdivision 1a; 609.2231, 
2.35 	subdivision 8; 609.594, subdivision 2; 609.6055, subdivision 2; 626.557, 
2.36 	subdivisions 3, 4, 9, 9a, 9b, 9c, 9d, 10b, 12b, 14, 17; 626.5572, subdivision 6; 
2.37 	641.15, subdivision 3a; Minnesota Statutes 2017 Supplement, sections 3.972, 
2.38 	subdivision 4; 13.69, subdivision 1; 62D.02, subdivision 4; 62D.03, subdivision 
2.39 	1; 62D.05, subdivision 1; 62D.06, subdivision 1; 62D.19; 62E.02, subdivision 3; 
2.40 	103I.005, subdivisions 2, 8a, 17a; 103I.205, subdivisions 1, 4; 103I.208, subdivision 
2.41 	1; 103I.235, subdivision 3; 103I.601, subdivision 4; 119B.011, subdivision 20; 
2.42 	119B.025, subdivision 1; 119B.095, by adding a subdivision; 119B.13, subdivision 
2.43 	1; 144.1501, subdivision 2; 144A.10, subdivision 4; 144A.472, subdivision 7; 
2.44 	144A.474, subdivision 11; 144A.4796, subdivision 2; 144A.4799, subdivision 3; 
2.45 	144D.04, subdivision 2; 144H.01, subdivision 5; 144H.04, subdivision 1; 144H.06; 
2.46 	144H.08; 148.519, subdivision 1; 148.5193, subdivision 1; 148.5196, subdivision 
2.47 	1; 152.105, subdivision 2; 160.02, subdivision 1a; 169.442, subdivision 5; 169.64, 
2.48 	subdivision 8; 169.829, subdivision 4; 245A.03, subdivision 7; 245A.06, 
2.49 	subdivision 8; 245A.11, subdivision 2a; 245A.41, subdivision 3; 245A.50, 
2.50 	subdivision 7; 245A.51, subdivision 3; 245C.22, subdivision 5; 245D.03, 
2.51 	subdivision 1; 245G.03, subdivision 1; 245G.22, subdivision 2; 254A.03, 
2.52 	subdivision 3; 254B.03, subdivision 2; 256.045, subdivisions 3, 4; 256B.0625, 
2.53 	subdivisions 3b, 56a; 256B.0921; 256B.4914, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 
2.54 	10a; 260C.007, subdivision 6; 364.09; 473.4051, subdivision 2; Laws 2014, chapter 
2.55 	312, article 11, section 38, subdivisions 5, 6; article 27, section 76; Laws 2017, 
2.56 	First Special Session chapter 3, article 1, sections 2, subdivision 2; 4, subdivisions 
2.57 	1, 2; Laws 2017, First Special Session chapter 6, article 3, section 49; article 8, 
2.58 	sections 71; 72; 74; article 18, sections 3, subdivision 2; 16, subdivision 2; 
3.1 	proposing coding for new law in Minnesota Statutes, chapters 62Q; 137; 144; 
3.2 	144D; 144G; 148; 151; 161; 168; 174; 222; 245A; 256; 256B; 256K; 260C; 299A; 
3.3 	360; 604; repealing Minnesota Statutes 2016, sections 62A.65, subdivision 7a; 
3.4 	144A.45, subdivision 6; 144A.481; 151.55; 168.013, subdivision 21; 214.075, 
3.5 	subdivision 8; 221.161, subdivisions 2, 3, 4; 222.47; 222.50, subdivisions 1, 7; 
3.6 	222.51; 256.021; 256B.0705; 360.063, subdivision 4; 360.065, subdivision 2; 
3.7 	360.066, subdivisions 1a, 1b; Minnesota Statutes 2017 Supplement, sections 
3.8 	146B.02, subdivision 7a; 222.49; 222.50, subdivision 6.
3.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

3.10 	
ARTICLE 13.11 	DEPARTMENT OF HEALTH AND PUBLIC HEALTH

3.12 	Section 1. Minnesota Statutes 2017 Supplement, section 62D.02, subdivision 4, is amended 
3.13 	to read:
3.14 		Subd. 4.Health maintenance organization.  "Health maintenance organization" means 
3.15 	a foreign or domestic nonprofit corporation organized under chapter 317A, or a local 
3.16 	governmental unit as defined in subdivision 11, controlled and operated as provided in 
3.17 	sections 62D.01 to 62D.30, which provides, either directly or through arrangements with 
3.18 	providers or other persons, comprehensive health maintenance services, or arranges for the 
3.19 	provision of these services, to enrollees on the basis of a fixed prepaid sum without regard 
3.20 	to the frequency or extent of services furnished to any particular enrollee.

3.21 	EFFECTIVE DATE. This section is effective contingent upon certification by the 
3.22 	legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied, 
3.23 	but no earlier than January 1, 2019.

3.24 	Sec. 2. Minnesota Statutes 2017 Supplement, section 62D.03, subdivision 1, is amended 
3.25 	to read:
3.26 		Subdivision 1.Certificate of authority required. Notwithstanding any law of this state 
3.27 	to the contrary, any foreign or domestic nonprofit corporation organized to do so or a local 
3.28 	governmental unit may apply to the commissioner of health for a certificate of authority to 
3.29 	establish and operate a health maintenance organization in compliance with sections 62D.01 
3.30 	to 62D.30. No person shall establish or operate a health maintenance organization in this 
3.31 	state, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic 
3.32 	consideration in conjunction with a health maintenance organization or health maintenance 
3.33 	contract unless the organization has a certificate of authority under sections 62D.01 to 
3.34 	62D.30.

4.1 	EFFECTIVE DATE. This section is effective contingent upon certification by the 
4.2 	legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied, 
4.3 	but no earlier than January 1, 2019.

4.4 	Sec. 3. Minnesota Statutes 2017 Supplement, section 62D.05, subdivision 1, is amended 
4.5 	to read:
4.6 		Subdivision 1.Authority granted. Any nonprofit corporation or local governmental 
4.7 	unit may, upon obtaining a certificate of authority as required in sections 62D.01 to 62D.30, 
4.8 	operate as a health maintenance organization.

4.9 	EFFECTIVE DATE. This section is effective contingent upon certification by the 
4.10 	legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied, 
4.11 	but no earlier than January 1, 2019.

4.12 	Sec. 4. Minnesota Statutes 2017 Supplement, section 62D.06, subdivision 1, is amended 
4.13 	to read:
4.14 		Subdivision 1.Governing body composition; enrollee advisory body. The governing 
4.15 	body of any health maintenance organization which is a nonprofit corporation may include 
4.16 	enrollees, providers, or other individuals; provided, however, that after a health maintenance 
4.17 	organization which is a nonprofit corporation has been authorized under sections 62D.01 
4.18 	to 62D.30 for one year, at least 40 percent of the governing body shall be composed of 
4.19 	enrollees and members elected by the enrollees and members from among the enrollees and 
4.20 	members. For purposes of this section, "member" means a consumer who receives health 
4.21 	care services through a self-insured contract that is administered by the health maintenance 
4.22 	organization or its related third-party administrator. The number of members elected to the 
4.23 	governing body shall not exceed the number of enrollees elected to the governing body. An 
4.24 	enrollee or member elected to the governing board may not be a person:
4.25 	(1) whose occupation involves, or before retirement involved, the administration of 
4.26 	health activities or the provision of health services;
4.27 	(2) who is or was employed by a health care facility as a licensed health professional; 
4.28 	or
4.29 	(3) who has or had a direct substantial financial or managerial interest in the rendering 
4.30 	of a health service, other than the payment of a reasonable expense reimbursement or 
4.31 	compensation as a member of the board of a health maintenance organization.
5.1 	After a health maintenance organization which is a local governmental unit has been 
5.2 	authorized under sections 62D.01 to 62D.30 for one year, an enrollee advisory body shall 
5.3 	be established. The enrollees who make up this advisory body shall be elected by the enrollees 
5.4 	from among the enrollees.

5.5 	EFFECTIVE DATE. This section is effective contingent upon certification by the 
5.6 	legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied, 
5.7 	but no earlier than January 1, 2019.

5.8 	Sec. 5. Minnesota Statutes 2016, section 62D.12, is amended by adding a subdivision to 
5.9 	read:
5.10 		Subd. 8a.Net earnings. All net earnings of the nonprofit health maintenance organization 
5.11 	shall be devoted to the nonprofit purposes of the health maintenance organization in providing 
5.12 	comprehensive health care. No health maintenance organization shall provide for the 
5.13 	payment, whether directly or indirectly, of any part of its net earnings, to any person as a 
5.14 	dividend or rebate; provided, however, that the health maintenance organizations may make 
5.15 	payments to providers or other persons based upon the efficient provision of services or as 
5.16 	incentives to provide quality care. The commissioner of health shall, pursuant to sections 
5.17 	62D.01 to 62D.30, revoke the certificate of authority of any health maintenance organization 
5.18 	in violation of this subdivision.

5.19 	EFFECTIVE DATE. This section is effective contingent upon certification by the 
5.20 	legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied, 
5.21 	and shall become effective the day following that certification by the legislative auditor.

5.22 	Sec. 6. Minnesota Statutes 2017 Supplement, section 62D.19, is amended to read:
5.23 	62D.19 UNREASONABLE EXPENSES.
5.24 	No health maintenance organization shall incur or pay for any expense of any nature 
5.25 	which is unreasonably high in relation to the value of the service or goods provided. The 
5.26 	commissioner of health shall implement and enforce this section by rules adopted under 
5.27 	this section.
5.28 	In an effort to achieve the stated purposes of sections 62D.01 to 62D.30; in order to 
5.29 	safeguard the underlying nonprofit status of health maintenance organizations; and to ensure 
5.30 	that the payment of health maintenance organization money to major participating entities 
5.31 	results in a corresponding benefit to the health maintenance organization and its enrollees, 
5.32 	when determining whether an organization has incurred an unreasonable expense in relation 
6.1 	to a major participating entity, due consideration shall be given to, in addition to any other 
6.2 	appropriate factors, whether the officers and trustees of the health maintenance organization 
6.3 	have acted with good faith and in the best interests of the health maintenance organization 
6.4 	in entering into, and performing under, a contract under which the health maintenance 
6.5 	organization has incurred an expense. The commissioner has standing to sue, on behalf of 
6.6 	a health maintenance organization, officers or trustees of the health maintenance organization 
6.7 	who have breached their fiduciary duty in entering into and performing such contracts.

6.8 	EFFECTIVE DATE. This section is effective contingent upon certification by the 
6.9 	legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied, 
6.10 	but no earlier than January 1, 2019.

6.11 	Sec. 7. Minnesota Statutes 2017 Supplement, section 62E.02, subdivision 3, is amended 
6.12 	to read:
6.13 		Subd. 3.Health maintenance organization. "Health maintenance organization" means 
6.14 	a nonprofit corporation licensed and operated as provided in chapter 62D.

6.15 	EFFECTIVE DATE. This section is effective contingent upon certification by the 
6.16 	legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied, 
6.17 	but no earlier than January 1, 2019.

6.18 	Sec. 8. Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 2, is amended 
6.19 	to read:
6.20 		Subd. 2.Boring. "Boring" means a hole or excavation that is not used to extract water 
6.21 	and includes exploratory borings, bored geothermal heat exchangers, temporary borings, 
6.22 	and elevator borings.

6.23 	Sec. 9. Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 8a, is amended 
6.24 	to read:
6.25 		Subd. 8a.Environmental well. "Environmental well" means an excavation 15 or more 
6.26 	feet in depth that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed 
6.27 	to:
6.28 	(1) conduct physical, chemical, or biological testing of groundwater, and includes a 
6.29 	groundwater quality monitoring or sampling well;
6.30 	(2) lower a groundwater level to control or remove contamination in groundwater, and 
6.31 	includes a remedial well and excludes horizontal trenches; or
7.1 	(3) monitor or measure physical, chemical, radiological, or biological parameters of the 
7.2 	earth and earth fluids, or for vapor recovery or venting systems. An environmental well 
7.3 	includes an excavation used to:
7.4 	(i) measure groundwater levels, including a piezometer;
7.5 	(ii) determine groundwater flow direction or velocity;
7.6 	(iii) measure earth properties such as hydraulic conductivity, bearing capacity, or 
7.7 	resistance;
7.8 	(iv) obtain samples of geologic materials for testing or classification; or
7.9 	(v) remove or remediate pollution or contamination from groundwater or soil through 
7.10 	the use of a vent, vapor recovery system, or sparge point.
7.11 	An environmental well does not include an exploratory boring.

7.12 	Sec. 10. Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 17a, is 
7.13 	amended to read:
7.14 		Subd. 17a.Temporary environmental well boring. "Temporary environmental well" 
7.15 	means an environmental well as defined in section 103I.005, subdivision 8a, that is sealed 
7.16 	within 72 hours of the time construction on the well begins. "Temporary boring" means an 
7.17 	excavation that is 15 feet or more in depth that is sealed within 72 hours of the start of 
7.18 	construction and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:
7.19 	(1) conduct physical, chemical, or biological testing of groundwater, including 
7.20 	groundwater quality monitoring;
7.21 	(2) monitor or measure physical, chemical, radiological, or biological parameters of 
7.22 	earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or 
7.23 	resistance;
7.24 	(3) measure groundwater levels, including use of a piezometer;
7.25 	(4) determine groundwater flow direction or velocity; or
7.26 	(5) collect samples of geologic materials for testing or classification, or soil vapors for 
7.27 	testing or extraction.

8.1 	Sec. 11. Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 1, is amended 
8.2 	to read:
8.3 		Subdivision 1.Notification required. (a) Except as provided in paragraph (d), a person 
8.4 	may not construct a water-supply, dewatering, or environmental well until a notification of 
8.5 	the proposed well on a form prescribed by the commissioner is filed with the commissioner 
8.6 	with the filing fee in section 103I.208, and, when applicable, the person has met the 
8.7 	requirements of paragraph (e). If after filing the well notification an attempt to construct a 
8.8 	well is unsuccessful, a new notification is not required unless the information relating to 
8.9 	the successful well has substantially changed. A notification is not required prior to 
8.10 	construction of a temporary environmental well boring.
8.11 	(b) The property owner, the property owner's agent, or the licensed contractor where a 
8.12 	well is to be located must file the well notification with the commissioner.
8.13 	(c) The well notification under this subdivision preempts local permits and notifications, 
8.14 	and counties or home rule charter or statutory cities may not require a permit or notification 
8.15 	for wells unless the commissioner has delegated the permitting or notification authority 
8.16 	under section 103I.111.
8.17 	(d) A person who is an individual that constructs a drive point water-supply well on 
8.18 	property owned or leased by the individual for farming or agricultural purposes or as the 
8.19 	individual's place of abode must notify the commissioner of the installation and location of 
8.20 	the well. The person must complete the notification form prescribed by the commissioner 
8.21 	and mail it to the commissioner by ten days after the well is completed. A fee may not be 
8.22 	charged for the notification. A person who sells drive point wells at retail must provide 
8.23 	buyers with notification forms and informational materials including requirements regarding 
8.24 	wells, their location, construction, and disclosure. The commissioner must provide the 
8.25 	notification forms and informational materials to the sellers.
8.26 	(e) When the operation of a well will require an appropriation permit from the 
8.27 	commissioner of natural resources, a person may not begin construction of the well until 
8.28 	the person submits the following information to the commissioner of natural resources:
8.29 	(1) the location of the well;
8.30 	(2) the formation or aquifer that will serve as the water source;
8.31 	(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will be 
8.32 	requested in the appropriation permit; and
9.1 	(4) other information requested by the commissioner of natural resources that is necessary 
9.2 	to conduct the preliminary assessment required under section 103G.287, subdivision 1, 
9.3 	paragraph (c).
9.4 	The person may begin construction after receiving preliminary approval from the 
9.5 	commissioner of natural resources.

9.6 	Sec. 12. Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 4, is amended 
9.7 	to read:
9.8 		Subd. 4.License required. (a) Except as provided in paragraph (b), (c), (d), or (e), 
9.9 	section 103I.401, subdivision 2, or 103I.601, subdivision 2, a person may not drill, construct, 
9.10 	repair, or seal a well or boring unless the person has a well contractor's license in possession.
9.11 	(b) A person may construct, repair, and seal an environmental well or temporary boring 
9.12 	if the person:
9.13 	(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches 
9.14 	of civil or geological engineering;
9.15 	(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;
9.16 	(3) is a professional geoscientist licensed under sections 326.02 to 326.15;
9.17 	(4) is a geologist certified by the American Institute of Professional Geologists; or
9.18 	(5) meets the qualifications established by the commissioner in rule.
9.19 	A person must be licensed by the commissioner as an environmental well contractor on 
9.20 	forms provided by the commissioner.
9.21 	(c) A person may do the following work with a limited well/boring contractor's license 
9.22 	in possession. A separate license is required for each of the four activities:
9.23 	(1) installing, repairing, and modifying well screens, pitless units and pitless adaptors, 
9.24 	well pumps and pumping equipment, and well casings from the pitless adaptor or pitless 
9.25 	unit to the upper termination of the well casing;
9.26 	(2) sealing wells and borings;
9.27 	(3) constructing, repairing, and sealing dewatering wells; or
9.28 	(4) constructing, repairing, and sealing bored geothermal heat exchangers.
9.29 	(d) A person may construct, repair, and seal an elevator boring with an elevator boring 
9.30 	contractor's license.
10.1 	(e) Notwithstanding other provisions of this chapter requiring a license, a license is not 
10.2 	required for a person who complies with the other provisions of this chapter if the person 
10.3 	is:
10.4 	(1) an individual who constructs a water-supply well on land that is owned or leased by 
10.5 	the individual and is used by the individual for farming or agricultural purposes or as the 
10.6 	individual's place of abode; or
10.7 	(2) an individual who performs labor or services for a contractor licensed under the 
10.8 	provisions of this chapter in connection with the construction, sealing, or repair of a well 
10.9 	or boring at the direction and under the personal supervision of a contractor licensed under 
10.10 	the provisions of this chapter; or.
10.11 	(3) a licensed plumber who is repairing submersible pumps or water pipes associated 
10.12 	with well water systems if: (i) the repair location is within an area where there is no licensed 
10.13 	well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant 
10.14 	sections of the plumbing code.

10.15 	Sec. 13. Minnesota Statutes 2016, section 103I.205, subdivision 9, is amended to read:
10.16 		Subd. 9.Report of work. Within 30 60 days after completion or sealing of a well or 
10.17 	boring, the person doing the work must submit a verified report to the commissioner 
10.18 	containing the information specified by rules adopted under this chapter.
10.19 	Within 30 days after receiving the report, the commissioner shall send or otherwise 
10.20 	provide access to a copy of the report to the commissioner of natural resources, to the local 
10.21 	soil and water conservation district where the well is located, and to the director of the 
10.22 	Minnesota Geological Survey.

10.23 	Sec. 14. Minnesota Statutes 2017 Supplement, section 103I.208, subdivision 1, is amended 
10.24 	to read:
10.25 		Subdivision 1.Well notification fee. The well notification fee to be paid by a property 
10.26 	owner is:
10.27 	(1) for construction of a water supply well, $275, which includes the state core function 
10.28 	fee;
10.29 	(2) for a well sealing, $75 for each well or boring, which includes the state core function 
10.30 	fee, except that a single fee of $75 is required for all temporary environmental wells borings
10.31 	recorded on the sealing notification for a single property, having depths within a 25 foot 
10.32 	range, and sealed within 72 hours of start of construction, except that temporary  borings 
11.1 	less than 25 feet in depth are exempt from the notification and fee requirements in this 
11.2 	chapter;
11.3 	(3) for construction of a dewatering well, $275, which includes the state core function 
11.4 	fee, for each dewatering well except a dewatering project comprising five or more dewatering 
11.5 	wells shall be assessed a single fee of $1,375 for the dewatering wells recorded on the 
11.6 	notification; and
11.7 	(4) for construction of an environmental well, $275, which includes the state core function 
11.8 	fee, except that a single fee of $275 is required for all environmental wells recorded on the 
11.9 	notification that are located on a single property, and except that no fee is required for 
11.10 	construction of a temporary environmental well boring.

11.11 	Sec. 15. Minnesota Statutes 2017 Supplement, section 103I.235, subdivision 3, is amended 
11.12 	to read:
11.13 		Subd. 3.Temporary environmental well boring and unsuccessful well exemption.
 11.14 	This section does not apply to temporary environmental wells borings or unsuccessful wells 
11.15 	that have been sealed by a licensed contractor in compliance with this chapter.

11.16 	Sec. 16. Minnesota Statutes 2016, section 103I.301, subdivision 6, is amended to read:
11.17 		Subd. 6.Notification required. A person may not seal a well or boring until a notification 
11.18 	of the proposed sealing is filed as prescribed by the commissioner. Temporary borings less 
11.19 	than 25 feet in depth are exempt from the notification requirements in this chapter.

11.20 	Sec. 17. Minnesota Statutes 2017 Supplement, section 103I.601, subdivision 4, is amended 
11.21 	to read:
11.22 		Subd. 4.Notification and map of borings. (a) By ten days before beginning exploratory 
11.23 	boring, an explorer must submit to the commissioner of health a notification of the proposed 
11.24 	boring on a form prescribed by the commissioner, map and a fee of $275 for each exploratory 
11.25 	boring.
11.26 	(b) By ten days before beginning exploratory boring, an explorer must submit to the 
11.27 	commissioners of health and natural resources a county road map on a single sheet of paper 
11.28 	that is eight and one-half by 11 inches in size and having a scale of one-half inch equal to 
11.29 	one mile, as prepared by the Department of Transportation, or a 7.5 minute series topographic 
11.30 	map (1:24,000 scale), as prepared by the United States Geological Survey, showing the 
11.31 	location of each proposed exploratory boring to the nearest estimated 40 acre parcel. 
12.1 	Exploratory boring that is proposed on the map may not be commenced later than 180 days 
12.2 	after submission of the map, unless a new map is submitted.

12.3 	Sec. 18. [137.68] ADVISORY COUNCIL ON RARE DISEASES.
12.4 		Subdivision 1.Establishment. The Board of Regents of the University of Minnesota is 
12.5 	requested to establish an advisory council on rare diseases to provide advice on research, 
12.6 	diagnosis, treatment, and education related to rare diseases. For purposes of this section, 
12.7 	"rare disease" has the meaning given in United States Code, title 21, section 360bb. The 
12.8 	council shall be called the Chloe Barnes Advisory Council on Rare Diseases.
12.9 		Subd. 2.Membership. (a) The advisory council may consist of public members appointed 
12.10 	by the Board of Regents or a designee according to paragraph (b) and four members of the 
12.11 	legislature appointed according to paragraph (c).
12.12 	(b) The Board of Regents or a designee is requested to appoint the following public 
12.13 	members:
12.14 	(1) three physicians licensed and practicing in the state with experience researching, 
12.15 	diagnosing, or treating rare diseases;
12.16 	(2) one registered nurse or advanced practice registered nurse licensed and practicing 
12.17 	in the state with experience treating rare diseases;
12.18 	(3) at least two hospital administrators, or their designees, from hospitals in the state 
12.19 	that provide care to persons diagnosed with a rare disease. One administrator or designee 
12.20 	appointed under this clause must represent a hospital in which the scope of service focuses 
12.21 	on rare diseases of pediatric patients;
12.22 	(4) three persons age 18 or older who either have a rare disease or are a caregiver of a 
12.23 	person with a rare disease;
12.24 	(5) a representative of a rare disease patient organization that operates in the state;
12.25 	(6) a social worker with experience providing services to persons diagnosed with a rare 
12.26 	disease;
12.27 	(7) a pharmacist with experience with drugs used to treat rare diseases;
12.28 	(8) a dentist licensed and practicing in the state with experience treating rare diseases;
12.29 	(9) a representative of the biotechnology industry;
12.30 	(10) a representative of health plan companies;
12.31 	(11) a medical researcher with experience conducting research on rare diseases;
13.1 	(12) a genetic counselor with experience providing services to persons diagnosed with 
13.2 	a rare disease or caregivers of those persons; and
13.3 	(13) other public members, who may serve on an ad hoc basis.
13.4 	(c) The advisory council shall include two members of the senate, one appointed by the 
13.5 	majority leader and one appointed by the minority leader; and two members of the house 
13.6 	of representatives, one appointed by the speaker of the house and one appointed by the 
13.7 	minority leader.
13.8 	(d) The commissioner of health or a designee, a representative of Mayo Medical School, 
13.9 	and a representative of the University of Minnesota Medical School, shall serve as ex officio, 
13.10 	nonvoting members of the advisory council.
13.11 	(e) Initial appointments to the advisory council shall be made no later than July 1, 2018. 
13.12 	Members appointed according to paragraph (b) shall serve for a term of three years, except 
13.13 	that the initial members appointed according to paragraph (b) shall have an initial term of 
13.14 	two, three, or four years determined by lot by the chairperson. Members appointed according 
13.15 	to paragraph (b) shall serve until their successors have been appointed.
13.16 		Subd. 3.Meetings. The Board of Regents or a designee is requested to convene the first 
13.17 	meeting of the advisory council no later than September 1, 2018. The advisory council shall 
13.18 	meet at the call of the chairperson or at the request of a majority of advisory council members.
13.19 		Subd. 4.Duties. The advisory council's duties may include, but are not limited to:
13.20 	(1) in conjunction with the state's medical schools, the state's schools of public health, 
13.21 	and hospitals in the state that provide care to persons diagnosed with a rare disease, 
13.22 	developing resources or recommendations relating to quality of and access to treatment and 
13.23 	services in the state for persons with a rare disease, including but not limited to:
13.24 	(i) a list of existing, publicly accessible resources on research, diagnosis, treatment, and 
13.25 	education relating to rare diseases;
13.26 	(ii) identifying best practices for rare disease care implemented in other states, at the 
13.27 	national level, and at the international level, that will improve rare disease care in the state 
13.28 	and seeking opportunities to partner with similar organizations in other states and countries;
13.29 	(iii) identifying problems faced by patients with a rare disease when changing health 
13.30 	plans, including recommendations on how to remove obstacles faced by these patients to 
13.31 	finding a new health plan and how to improve the ease and speed of finding a new health 
13.32 	plan that meets the needs of patients with a rare disease; and
14.1 	(iv) identifying best practices to ensure health care providers are adequately informed 
14.2 	of the most effective strategies for recognizing and treating rare diseases; and
14.3 	(2) advising, consulting, and cooperating with the Department of Health, the Advisory 
14.4 	Committee on Heritable and Congenital Disorders, and other agencies of state government 
14.5 	in developing information and programs for the public and the health care community 
14.6 	relating to diagnosis, treatment, and awareness of rare diseases.
14.7 		Subd. 5.Conflict of interest. Advisory council members are subject to the Board of 
14.8 	Regents policy on conflicts of interest.
14.9 		Subd. 6.Annual report. By January 1 of each year, beginning January 1, 2019, the 
14.10 	advisory council shall report to the chairs and ranking minority members of the legislative 
14.11 	committees with jurisdiction over higher education and health care policy on the advisory 
14.12 	council's activities under subdivision 4 and other issues on which the advisory council may 
14.13 	choose to report.

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

14.15 	Sec. 19. Minnesota Statutes 2016, section 144.057, subdivision 1, is amended to read:
14.16 		Subdivision 1.Background studies required. The commissioner of health shall contract 
14.17 	with the commissioner of human services to conduct background studies of:
14.18 	(1) individuals providing services which have direct contact, as defined under section 
14.19 	245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes, 
14.20 	outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and 
14.21 	home care agencies licensed under chapter 144A; residential care homes licensed under 
14.22 	chapter 144B, and board and lodging establishments that are registered to provide supportive 
14.23 	or health supervision services under section 157.17;
14.24 	(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact 
14.25 	services in a nursing home or a home care agency licensed under chapter 144A or a boarding 
14.26 	care home licensed under sections 144.50 to 144.58. If the individual under study resides 
14.27 	outside Minnesota, the study must include a check for substantiated findings of maltreatment 
14.28 	of adults and children in the individual's state of residence when the information is made 
14.29 	available by that state, and must include a check of the National Crime Information Center 
14.30 	database;
14.31 	(3) beginning July 1, 1999, all other employees in nursing homes licensed under chapter 
14.32 	144A, and boarding care homes licensed under sections 144.50 to 144.58. A disqualification 
14.33 	of an individual in this section shall disqualify the individual from positions allowing direct 
15.1 	contact or access to patients or residents receiving services. "Access" means physical access 
15.2 	to a client or the client's personal property without continuous, direct supervision as defined 
15.3 	in section 245C.02, subdivision 8, when the employee's employment responsibilities do not 
15.4 	include providing direct contact services;
15.5 	(4) individuals employed by a supplemental nursing services agency, as defined under 
15.6 	section 144A.70, who are providing services in health care facilities; and
15.7 	(5) controlling persons of a supplemental nursing services agency, as defined under 
15.8 	section 144A.70; and
15.9 	(6) individuals providing services who have direct contact, as defined under section 
15.10 	245C.02, subdivision 11, with medically complex or technologically dependent children at 
15.11 	a prescribed pediatric extended care center licensed under chapter 144H.
15.12 	If a facility or program is licensed by the Department of Human Services and subject to 
15.13 	the background study provisions of chapter 245C and is also licensed by the Department 
15.14 	of Health, the Department of Human Services is solely responsible for the background 
15.15 	studies of individuals in the jointly licensed programs.

15.16 	Sec. 20. [144.064] THE VIVIAN ACT.
15.17 		Subdivision 1.Short title. This section shall be known and may be cited as the "Vivian 
15.18 	Act."
15.19 		Subd. 2.Definitions. For purposes of this section, the following terms have the meanings 
15.20 	given them:
15.21 	(1) "commissioner" means the commissioner of health;
15.22 	(2) "health care practitioner" means a medical professional that provides prenatal or 
15.23 	postnatal care;
15.24 	(3) "CMV" means the human herpesvirus cytomegalovirus, also called HCMV, human 
15.25 	herpesvirus 5, and HHV-5; and
15.26 	(4) "congenital CMV" means the transmission of a CMV infection from a pregnant 
15.27 	mother to her fetus.
15.28 		Subd. 3.Commissioner duties. (a) The commissioner shall make available to health 
15.29 	care practitioners and women who may become pregnant, expectant parents, and parents 
15.30 	of infants up-to-date and evidence-based information about congenital CMV that has been 
15.31 	reviewed by experts with knowledge of the disease. The information shall include the 
15.32 	following:
16.1 	(1) the recommendation to consider testing for congenital CMV in babies who did not 
16.2 	pass their newborn hearing screen or in which a pregnancy history suggests increased risk 
16.3 	for congenital CMV infection;
16.4 	(2) the incidence of CMV;
16.5 	(3) the transmission of CMV to pregnant women and women who may become pregnant;
16.6 	(4) birth defects caused by congenital CMV;
16.7 	(5) available preventative measures to avoid the infection of women who are pregnant 
16.8 	or may become pregnant; and
16.9 	(6) resources available for families of children born with congenital CMV.
16.10 	(b) The commissioner shall follow existing department practice, inclusive of community 
16.11 	engagement, to ensure that the information in paragraph (a) is culturally and linguistically 
16.12 	appropriate for all recipients.
16.13 	(c) The department shall establish an outreach program to:
16.14 	(1) educate women who may become pregnant, expectant parents, and parents of infants 
16.15 	about CMV; and
16.16 	(2) raise awareness for CMV among health care providers who provide care to expectant 
16.17 	mothers or infants.

16.18 	Sec. 21. Minnesota Statutes 2016, section 144.121, subdivision 1a, is amended to read:
16.19 		Subd. 1a.Fees for ionizing radiation-producing equipment. (a) A facility with ionizing 
16.20 	radiation-producing equipment must pay an annual initial or annual renewal registration 
16.21 	fee consisting of a base facility fee of $100 and an additional fee for each radiation source, 
16.22 	as follows:

16.23	(1)
	medical or veterinary equipment
	$
	100
		
16.24	(2)
	dental x-ray equipment
	$
	40
		
16.2516.26	(3)
	x-ray equipment not used on 
humans or animals
	$
	100
		
16.2716.28
16.29	(4)
	devices with sources of ionizing 
radiation not used on humans or 
animals
	$
	100
		
16.30	(5)
	security screening system
	$
	100
		
16.31 	(b) A facility with radiation therapy and accelerator equipment must pay an annual 
16.32 	registration fee of $500. A facility with an industrial accelerator must pay an annual 
16.33 	registration fee of $150.
17.1 	(c) Electron microscopy equipment is exempt from the registration fee requirements of 
17.2 	this section.
17.3 	(d) For purposes of this section, a security screening system means radiation-producing 
17.4 	equipment designed and used for security screening of humans who are in custody of a 
17.5 	correctional or detention facility, and is used by the facility to image and identify contraband 
17.6 	items concealed within or on all sides of a human body. For purposes of this section, a 
17.7 	correctional or detention facility is a facility licensed by the commissioner of corrections 
17.8 	under section 241.021, and operated by a state agency or political subdivision charged with 
17.9 	detection, enforcement, or incarceration in respect to state criminal and traffic laws.

17.10 	Sec. 22. Minnesota Statutes 2016, section 144.121, is amended by adding a subdivision 
17.11 	to read:
17.12 		Subd. 9.Exemption from examination requirements; operators of security screening 
17.13 	systems. (a) An employee of a correctional or detention facility who operates a security 
17.14 	screening system and the facility in which the system is being operated are exempt from 
17.15 	the requirements of subdivisions 5 and 6.
17.16 	(b) An employee of a correctional or detention facility who operates a security screening 
17.17 	system and the facility in which the system is being operated must meet the requirements 
17.18 	of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota 
17.19 	Rules, parts 4717.7000 to 4717.7050. This paragraph expires on December 31 of the year 
17.20 	that the permanent rules adopted by the commissioner governing security screening systems 
17.21 	are published in the State Register.

17.22 	EFFECTIVE DATE. This section is effective 30 days following final enactment.

17.23 	Sec. 23. [144.131] ADVISORY COUNCIL ON PANDAS AND PANS.
17.24 		Subdivision 1.Advisory council established. The commissioner of health shall establish 
17.25 	an advisory council on pediatric autoimmune neuropsychiatric disorders associated with 
17.26 	streptococcal infections (PANDAS) and pediatric acute-onset neuropsychiatric syndrome 
17.27 	(PANS) to advise the commissioner regarding research, diagnosis, treatment, and education 
17.28 	relating to PANDAS and PANS.
17.29 		Subd. 2.Membership. (a) The advisory council shall consist of 14 public members 
17.30 	appointed according to paragraph (b) and two members of the legislature appointed according 
17.31 	to paragraph (c).
18.1 	(b) The commissioner shall appoint the following public members to the advisory council 
18.2 	in the manner provided in section 15.0597:
18.3 	(1) an immunologist who is licensed by the Board of Medical Practice and who has 
18.4 	experience treating PANS with the use of intravenous immunoglobulin;
18.5 	(2) a health care provider who is licensed and practicing in Minnesota and who has 
18.6 	experience treating persons with PANS and autism spectrum disorder;
18.7 	(3) a representative of a nonprofit PANS advocacy organization;
18.8 	(4) a family practice physician who is licensed by the Board of Medical Practice and 
18.9 	practicing in Minnesota and who has experience treating persons with PANS;
18.10 	(5) a medical researcher with experience conducting research on PANDAS, PANS, 
18.11 	obsessive-compulsive disorder, and other neurological disorders;
18.12 	(6) a health care provider who is licensed and practicing in Minnesota and who has 
18.13 	expertise in treating patients with eating disorders;
18.14 	(7) a representative of a professional organization in Minnesota for school psychologists 
18.15 	or school social workers;
18.16 	(8) a child psychiatrist who is licensed by the Board of Medical Practice and practicing 
18.17 	in Minnesota and who has experience treating persons with PANS;
18.18 	(9) a pediatrician who is licensed by the Board of Medical Practice and practicing in 
18.19 	Minnesota and who has experience treating persons with PANS;
18.20 	(10) a representative of an organization focused on autism spectrum disorder;
18.21 	(11) a parent of a child who has been diagnosed with PANS and autism spectrum disorder;
18.22 	(12) a social worker licensed by the Board of Social Work and practicing in Minnesota;
18.23 	(13) a designee of the commissioner of education with expertise in special education; 
18.24 	and
18.25 	(14) a representative of health plan companies that offer health plans in the individual 
18.26 	or group markets.
18.27 	(c) Legislative members shall be appointed to the advisory council as follows:
18.28 	(1) the Subcommittee on Committees of the Committee on Rules and Administration 
18.29 	in the senate shall appoint one member from the senate; and
18.30 	(2) the speaker of the house shall appoint one member from the house of representatives.
19.1 	(d) The commissioner of health or a designee shall serve as a nonvoting member of the 
19.2 	advisory council.
19.3 		Subd. 3.Terms. Members of the advisory council shall serve for a term of three years 
19.4 	and may be reappointed. Members shall serve until their successors have been appointed.
19.5 		Subd. 4.Administration. The commissioner of health or the commissioner's designee 
19.6 	shall provide meeting space and administrative services for the advisory council.
19.7 		Subd. 5.Compensation and expenses. Public members of the advisory council shall 
19.8 	not receive compensation but may be reimbursed for allowed actual and necessary expenses 
19.9 	incurred in the performance of the member's duties for the advisory council, in the same 
19.10 	manner and amount as authorized by the commissioner's plan adopted under section 43A.18, 
19.11 	subdivision 2.
19.12 		Subd. 6.Chair; meetings. (a) At the advisory council's first meeting, and every two 
19.13 	years thereafter, the members of the advisory council shall elect from among their 
19.14 	membership a chair and a vice-chair, whose duties shall be established by the advisory 
19.15 	council.
19.16 	(b) The chair of the advisory council shall fix a time and place for regular meetings. The 
19.17 	advisory council shall meet at least four times each year at the call of the chair or at the 
19.18 	request of a majority of the advisory council's members.
19.19 		Subd. 7.Duties. The advisory council shall:
19.20 	(1) advise the commissioner regarding research, diagnosis, treatment, and education 
19.21 	relating to PANDAS and PANS;
19.22 	(2) annually develop recommendations on the following issues related to PANDAS and 
19.23 	PANS:
19.24 	(i) practice guidelines for diagnosis and treatment;
19.25 	(ii) ways to increase clinical awareness and education of PANDAS and PANS among 
19.26 	pediatricians, other physicians, school-based health centers, and providers of mental health 
19.27 	services;
19.28 	(iii) outreach to educators and parents to increase awareness of PANDAS and PANS; 
19.29 	and
19.30 	(iv) development of a network of volunteer experts on the diagnosis and treatment of 
19.31 	PANDAS and PANS to assist in education and research; and
20.1 	(3) by October 1, 2019, and each October 1 thereafter, complete an annual report with 
20.2 	the advisory council's recommendations on the issues listed in clause (2), and submit the 
20.3 	report to the chairs and ranking minority members of the legislative committees with 
20.4 	jurisdiction over health care and education. The commissioner shall also post a copy of each 
20.5 	annual report on the Department of Health Web site.
20.6 		Subd. 8.Expiration. The advisory council expires October 1, 2024.

20.7 	Sec. 24. Minnesota Statutes 2016, section 144.1501, subdivision 1, is amended to read:
20.8 		Subdivision 1.Definitions. (a) For purposes of this section, the following definitions 
20.9 	apply.
20.10 	(b) "Advanced dental therapist" means an individual who is licensed as a dental therapist 
20.11 	under section 150A.06, and who is certified as an advanced dental therapist under section 
20.12 	150A.106.
20.13 	(c) "Alcohol and drug counselor" means an individual who is licensed as an alcohol and 
20.14 	drug counselor under chapter 148F.
20.15 	(c) (d) "Dental therapist" means an individual who is licensed as a dental therapist under 
20.16 	section 150A.06.
20.17 	(d) (e) "Dentist" means an individual who is licensed to practice dentistry.
20.18 	(e) (f) "Designated rural area" means a statutory and home rule charter city or township 
20.19 	that is outside the seven-county metropolitan area as defined in section 473.121, subdivision 
20.20 	2, excluding the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud.
20.21 	(f) (g) "Emergency circumstances" means those conditions that make it impossible for 
20.22 	the participant to fulfill the service commitment, including death, total and permanent 
20.23 	disability, or temporary disability lasting more than two years.
20.24 	(g) (h) "Mental health professional" means an individual providing clinical services in 
20.25 	the treatment of mental illness who is qualified in at least one of the ways specified in section 
20.26 	245.462, subdivision 18.
20.27 	(h) (i) "Medical resident" means an individual participating in a medical residency in 
20.28 	family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
20.29 	(i) (j) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse anesthetist, 
20.30 	advanced clinical nurse specialist, or physician assistant.
21.1 	(j) (k) "Nurse" means an individual who has completed training and received all licensing 
21.2 	or certification necessary to perform duties as a licensed practical nurse or registered nurse.
21.3 	(k) (l) "Nurse-midwife" means a registered nurse who has graduated from a program of 
21.4 	study designed to prepare registered nurses for advanced practice as nurse-midwives.
21.5 	(l) (m) "Nurse practitioner" means a registered nurse who has graduated from a program 
21.6 	of study designed to prepare registered nurses for advanced practice as nurse practitioners.
21.7 	(m) (n) "Pharmacist" means an individual with a valid license issued under chapter 151.
21.8 	(n) (o) "Physician" means an individual who is licensed to practice medicine in the areas 
21.9 	of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
21.10 	(o) (p) "Physician assistant" means a person licensed under chapter 147A.
21.11 	(p) (q) "Public health nurse" means a registered nurse licensed in Minnesota who has 
21.12 	obtained a registration certificate as a public health nurse from the Board of Nursing in 
21.13 	accordance with Minnesota Rules, chapter 6316.
21.14 	(q) (r) "Qualified educational loan" means a government, commercial, or foundation 
21.15 	loan for actual costs paid for tuition, reasonable education expenses, and reasonable living 
21.16 	expenses related to the graduate or undergraduate education of a health care professional.
21.17 	(r) (s) "Underserved urban community" means a Minnesota urban area or population 
21.18 	included in the list of designated primary medical care health professional shortage areas 
21.19 	(HPSAs), medically underserved areas (MUAs), or medically underserved populations 
21.20 	(MUPs) maintained and updated by the United States Department of Health and Human 
21.21 	Services.

21.22 	Sec. 25. Minnesota Statutes 2017 Supplement, section 144.1501, subdivision 2, is amended 
21.23 	to read:
21.24 		Subd. 2.Creation of account. (a) A health professional education loan forgiveness 
21.25 	program account is established. The commissioner of health shall use money from the 
21.26 	account to establish a loan forgiveness program:
21.27 	(1) for medical residents and mental health professionals agreeing to practice in designated 
21.28 	rural areas or underserved urban communities or specializing in the area of pediatric 
21.29 	psychiatry;
21.30 	(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach 
21.31 	at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program 
21.32 	at the undergraduate level or the equivalent at the graduate level;
22.1 	(3) for nurses who agree to practice in a Minnesota nursing home; an intermediate care 
22.2 	facility for persons with developmental disability; a hospital if the hospital owns and operates 
22.3 	a Minnesota nursing home and a minimum of 50 percent of the hours worked by the nurse 
22.4 	is in the nursing home; a housing with services establishment as defined in section 144D.01, 
22.5 	subdivision 4; or for a home care provider as defined in section 144A.43, subdivision 4; or 
22.6 	agree to teach at least 12 credit hours, or 720 hours per year in the nursing field in a 
22.7 	postsecondary program at the undergraduate level or the equivalent at the graduate level;
22.8 	(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720 
22.9 	hours per year in their designated field in a postsecondary program at the undergraduate 
22.10 	level or the equivalent at the graduate level. The commissioner, in consultation with the 
22.11 	Healthcare Education-Industry Partnership, shall determine the health care fields where the 
22.12 	need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory 
22.13 	technology, radiologic technology, and surgical technology;
22.14 	(5) for pharmacists, advanced dental therapists, dental therapists, and public health 
22.15 	nurses, and alcohol and drug counselors who agree to practice in designated rural areas; 
22.16 	and
22.17 	(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient 
22.18 	encounters to state public program enrollees or patients receiving sliding fee schedule 
22.19 	discounts through a formal sliding fee schedule meeting the standards established by the 
22.20 	United States Department of Health and Human Services under Code of Federal Regulations, 
22.21 	title 42, section 51, chapter 303.
22.22 	(b) Appropriations made to the account do not cancel and are available until expended, 
22.23 	except that at the end of each biennium, any remaining balance in the account that is not 
22.24 	committed by contract and not needed to fulfill existing commitments shall cancel to the 
22.25 	fund.

22.26 	Sec. 26. Minnesota Statutes 2016, section 144.1501, subdivision 3, is amended to read:
22.27 		Subd. 3.Eligibility. (a) To be eligible to participate in the loan forgiveness program, an 
22.28 	individual must:
22.29 	(1) be a medical or dental resident; a licensed pharmacist; or be enrolled in a training or 
22.30 	education program to become a dentist, dental therapist, advanced dental therapist, mental 
22.31 	health professional, pharmacist, public health nurse, midlevel practitioner, registered nurse, 
22.32 	or a licensed practical nurse, or alcohol and drug counselor. The commissioner may also 
23.1 	consider applications submitted by graduates in eligible professions who are licensed and 
23.2 	in practice; and
23.3 	(2) submit an application to the commissioner of health.
23.4 	(b) An applicant selected to participate must sign a contract to agree to serve a minimum 
23.5 	three-year full-time service obligation according to subdivision 2, which shall begin no later 
23.6 	than March 31 following completion of required training, with the exception of a nurse, 
23.7 	who must agree to serve a minimum two-year full-time service obligation according to 
23.8 	subdivision 2, which shall begin no later than March 31 following completion of required 
23.9 	training.

23.10 	Sec. 27. Minnesota Statutes 2016, section 144.1506, subdivision 2, is amended to read:
23.11 		Subd. 2.Expansion grant program. (a) The commissioner of health shall award primary 
23.12 	care residency expansion grants to eligible primary care residency programs to plan and 
23.13 	implement new residency slots. A planning grant shall not exceed $75,000, and a training 
23.14 	grant shall not exceed $150,000 per new residency slot for the first year, $100,000 for the 
23.15 	second year, and $50,000 for the third year of the new residency slot. For eligible residency 
23.16 	programs longer than three years, training grants may be awarded for the duration of the 
23.17 	residency, not exceeding an average of $100,000 per residency slot per year.
23.18 	(b) Funds may be spent to cover the costs of:
23.19 	(1) planning related to establishing an accredited primary care residency program;
23.20 	(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education 
23.21 	or another national body that accredits residency programs;
23.22 	(3) establishing new residency programs or new resident training slots;
23.23 	(4) recruitment, training, and retention of new residents and faculty;
23.24 	(5) travel and lodging for new residents;
23.25 	(6) faculty, new resident, and preceptor salaries related to new residency slots;
23.26 	(7) training site improvements, fees, equipment, and supplies required for new primary 
23.27 	care resident training slots; and
23.28 	(8) supporting clinical education in which trainees are part of a primary care team model.

24.1 	Sec. 28. [144.397] STATEWIDE TOBACCO CESSATION SERVICES.
24.2 	(a) The commissioner of health shall administer, or contract for the administration of, 
24.3 	statewide tobacco cessation services to assist Minnesotans who are seeking advice or services 
24.4 	to help them quit using tobacco products. The commissioner shall establish statewide public 
24.5 	awareness activities to inform the public of the availability of the services and encourage 
24.6 	the public to utilize the services because of the dangers and harm of tobacco use and 
24.7 	dependence.
24.8 	(b) Services to be provided may include, but are not limited to:
24.9 	(1) telephone-based coaching and counseling;
24.10 	(2) referrals;
24.11 	(3) written materials mailed upon request;
24.12 	(4) Web-based texting or e-mail services; and
24.13 	(5) free Food and Drug Administration-approved tobacco cessation medications.
24.14 	(c) Services provided must be consistent with evidence-based best practices in tobacco 
24.15 	cessation services. Services provided must be coordinated with employer, health plan 
24.16 	company, and private sector tobacco prevention and cessation services that may be available 
24.17 	to individuals depending on their employment or health coverage.

24.18 	Sec. 29. Minnesota Statutes 2016, section 144.608, subdivision 1, is amended to read:
24.19 		Subdivision 1.Trauma Advisory Council established. (a) A Trauma Advisory Council 
24.20 	is established to advise, consult with, and make recommendations to the commissioner on 
24.21 	the development, maintenance, and improvement of a statewide trauma system.
24.22 	(b) The council shall consist of the following members:
24.23 	(1) a trauma surgeon certified by the American Board of Surgery or the American 
24.24 	Osteopathic Board of Surgery who practices in a level I or II trauma hospital;
24.25 	(2) a general surgeon certified by the American Board of Surgery or the American 
24.26 	Osteopathic Board of Surgery whose practice includes trauma and who practices in a 
24.27 	designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);
24.28 	(3) a neurosurgeon certified by the American Board of Neurological Surgery who 
24.29 	practices in a level I or II trauma hospital;
24.30 	(4) a trauma program nurse manager or coordinator practicing in a level I or II trauma 
24.31 	hospital;
25.1 	(5) an emergency physician certified by the American Board of Emergency Medicine 
25.2 	or the American Osteopathic Board of Emergency Medicine whose practice includes 
25.3 	emergency room care in a level I, II, III, or IV trauma hospital;
25.4 	(6) a trauma program manager or coordinator who practices in a level III or IV trauma 
25.5 	hospital;
25.6 	(7) a physician certified by the American Board of Family Medicine or the American 
25.7 	Osteopathic Board of Family Practice whose practice includes emergency department care 
25.8 	in a level III or IV trauma hospital located in a designated rural area as defined under section 
25.9 	144.1501, subdivision 1, paragraph (e) (f);
25.10 	(8) a nurse practitioner, as defined under section 144.1501, subdivision 1, paragraph (l)
25.11 	(m), or a physician assistant, as defined under section 144.1501, subdivision 1, paragraph 
25.12 	(o) (p), whose practice includes emergency room care in a level IV trauma hospital located 
25.13 	in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e)
25.14 	(f);
25.15 	(9) a physician certified in pediatric emergency medicine by the American Board of 
25.16 	Pediatrics or certified in pediatric emergency medicine by the American Board of Emergency 
25.17 	Medicine or certified by the American Osteopathic Board of Pediatrics whose practice 
25.18 	primarily includes emergency department medical care in a level I, II, III, or IV trauma 
25.19 	hospital, or a surgeon certified in pediatric surgery by the American Board of Surgery whose 
25.20 	practice involves the care of pediatric trauma patients in a trauma hospital;
25.21 	(10) an orthopedic surgeon certified by the American Board of Orthopaedic Surgery or 
25.22 	the American Osteopathic Board of Orthopedic Surgery whose practice includes trauma 
25.23 	and who practices in a level I, II, or III trauma hospital;
25.24 	(11) the state emergency medical services medical director appointed by the Emergency 
25.25 	Medical Services Regulatory Board;
25.26 	(12) a hospital administrator of a level III or IV trauma hospital located in a designated 
25.27 	rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);
25.28 	(13) a rehabilitation specialist whose practice includes rehabilitation of patients with 
25.29 	major trauma injuries or traumatic brain injuries and spinal cord injuries as defined under 
25.30 	section 144.661;
25.31 	(14) an attendant or ambulance director who is an EMT, EMT-I, or EMT-P within the 
25.32 	meaning of section 144E.001 and who actively practices with a licensed ambulance service 
26.1 	in a primary service area located in a designated rural area as defined under section 144.1501, 
26.2 	subdivision 1, paragraph (e) (f); and
26.3 	(15) the commissioner of public safety or the commissioner's designee.

26.4 	Sec. 30. Minnesota Statutes 2016, section 144A.43, subdivision 11, is amended to read:
26.5 		Subd. 11.Medication administration. "Medication administration" means performing 
26.6 	a set of tasks to ensure a client takes medications, and includes that include the following:
26.7 	(1) checking the client's medication record;
26.8 	(2) preparing the medication as necessary;
26.9 	(3) administering the medication to the client;
26.10 	(4) documenting the administration or reason for not administering the medication; and
26.11 	(5) reporting to a registered nurse or appropriate licensed health professional any concerns 
26.12 	about the medication, the client, or the client's refusal to take the medication.

26.13 	Sec. 31. Minnesota Statutes 2016, section 144A.43, is amended by adding a subdivision 
26.14 	to read:
26.15 		Subd. 12a.Medication reconciliation. "Medication reconciliation" means the process 
26.16 	of identifying the most accurate list of all medications the client is taking, including the 
26.17 	name, dosage, frequency, and route by comparing the client record to an external list of 
26.18 	medications obtained from the client, hospital, prescriber, or other provider.

26.19 	Sec. 32. Minnesota Statutes 2016, section 144A.43, subdivision 27, is amended to read:
26.20 		Subd. 27.Service plan agreement. "Service plan agreement" means the written plan
26.21 	agreement between the client or client's representative and the temporary licensee or licensee 
26.22 	about the services that will be provided to the client.

26.23 	Sec. 33. Minnesota Statutes 2016, section 144A.43, subdivision 30, is amended to read:
26.24 		Subd. 30.Standby assistance. "Standby assistance" means the presence of another 
26.25 	person within arm's reach to minimize the risk of injury while performing daily activities 
26.26 	through physical intervention or cuing to assist a client with an assistive task by providing 
26.27 	cues, oversight, and minimal physical assistance.

27.1 	Sec. 34. Minnesota Statutes 2016, section 144A.472, subdivision 5, is amended to read:
27.2 		Subd. 5.Transfers prohibited; Changes in ownership. Any(a) A home care license 
27.3 	issued by the commissioner may not be transferred to another party. Before acquiring 
27.4 	ownership of or a controlling interest in a home care provider business, a prospective 
27.5 	applicant owner must apply for a new temporary license. A change of ownership is a transfer 
27.6 	of operational control to a different business entityof the home care provider business and 
27.7 	includes:
27.8 	(1) transfer of the business to a different or new corporation;
27.9 	(2) in the case of a partnership, the dissolution or termination of the partnership under 
27.10 	chapter 323A, with the business continuing by a successor partnership or other entity;
27.11 	(3) relinquishment of control of the provider to another party, including to a contract 
27.12 	management firm that is not under the control of the owner of the business' assets;
27.13 	(4) transfer of the business by a sole proprietor to another party or entity; or
27.14 	(5) in the case of a privately held corporation, the change in transfer of ownership or 
27.15 	control of 50 percent or more of the outstanding voting stock controlling interest of a home 
27.16 	care provider business not covered by clauses (1) to (4).
27.17 	(b) An employee who was employed by the previous owner of the home care provider 
27.18 	business prior to the effective date of a change in ownership under paragraph (a), and who 
27.19 	will be employed by the new owner in the same or a similar capacity, shall be treated as if 
27.20 	no change in employer occurred, with respect to orientation, training, tuberculosis testing, 
27.21 	background studies, and competency testing and training on the policies identified in 
27.22 	subdivision 1, clause (14), and subdivision 2, if applicable.
27.23 	(c) Notwithstanding paragraph (b), a new owner of a home care provider business must 
27.24 	ensure that employees of the provider receive and complete training and testing on any 
27.25 	provisions of policies that differ from those of the previous owner, within 90 days after the 
27.26 	date of the change in ownership.

27.27 	Sec. 35. Minnesota Statutes 2017 Supplement, section 144A.472, subdivision 7, is amended 
27.28 	to read:
27.29 		Subd. 7.Fees; application, change of ownership, and renewal. (a) An initial applicant 
27.30 	seeking temporary home care licensure must submit the following application fee to the 
27.31 	commissioner along with a completed application:
27.32 	(1) for a basic home care provider, $2,100; or
28.1 	(2) for a comprehensive home care provider, $4,200.
28.2 	(b) A home care provider who is filing a change of ownership as required under 
28.3 	subdivision 5 must submit the following application fee to the commissioner, along with 
28.4 	the documentation required for the change of ownership:
28.5 	(1) for a basic home care provider, $2,100; or
28.6 	(2) for a comprehensive home care provider, $4,200.
28.7 	(c) For the period ending June 30, 2018, a home care provider who is seeking to renew 
28.8 	the provider's license shall pay a fee to the commissioner based on revenues derived from 
28.9 	the provision of home care services during the calendar year prior to the year in which the 
28.10 	application is submitted, according to the following schedule:
28.11 	License Renewal Fee

28.12	Provider Annual Revenue
	Fee
		
28.13	greater than $1,500,000
	$6,625
		
28.14
28.15	greater than $1,275,000 and no more than 
$1,500,000
	$5,797
		
28.16
28.17	greater than $1,100,000 and no more than 
$1,275,000
	$4,969
		
28.18
28.19	greater than $950,000 and no more than 
$1,100,000
	$4,141
		
28.20	greater than $850,000 and no more than $950,000
	$3,727
		
28.21	greater than $750,000 and no more than $850,000
	$3,313
		
28.22	greater than $650,000 and no more than $750,000
	$2,898
		
28.23	greater than $550,000 and no more than $650,000
	$2,485
		
28.24	greater than $450,000 and no more than $550,000
	$2,070
		
28.25	greater than $350,000 and no more than $450,000
	$1,656
		
28.26	greater than $250,000 and no more than $350,000
	$1,242
		
28.27	greater than $100,000 and no more than $250,000
	$828
		
28.28	greater than $50,000 and no more than $100,000
	$500
		
28.29	greater than $25,000 and no more than $50,000
	$400
		
28.30	no more than $25,000
	$200
		
28.31 	(d) For the period between July 1, 2018, and June 30, 2020, a home care provider who 
28.32 	is seeking to renew the provider's license shall pay a fee to the commissioner in an amount 
28.33 	that is ten percent higher than the applicable fee in paragraph (c). A home care provider's 
28.34 	fee shall be based on revenues derived from the provision of home care services during the 
28.35 	calendar year prior to the year in which the application is submitted.
29.1 	(e) Beginning July 1, 2020, a home care provider who is seeking to renew the provider's 
29.2 	license shall pay a fee to the commissioner based on revenues derived from the provision 
29.3 	of home care services during the calendar year prior to the year in which the application is 
29.4 	submitted, according to the following schedule:
29.5 	License Renewal Fee

29.6	Provider Annual Revenue
	Fee
		
29.7	greater than $1,500,000
	$7,651
		
29.8
29.9	greater than $1,275,000 and no more than 
$1,500,000
	$6,695
		
29.10
29.11	greater than $1,100,000 and no more than 
$1,275,000
	$5,739
		
29.12
29.13	greater than $950,000 and no more than 
$1,100,000
	$4,783
		
29.14	greater than $850,000 and no more than $950,000
	$4,304
		
29.15	greater than $750,000 and no more than $850,000
	$3,826
		
29.16	greater than $650,000 and no more than $750,000
	$3,347
		
29.17	greater than $550,000 and no more than $650,000
	$2,870
		
29.18	greater than $450,000 and no more than $550,000
	$2,391
		
29.19	greater than $350,000 and no more than $450,000
	$1,913
		
29.20	greater than $250,000 and no more than $350,000
	$1,434
		
29.21	greater than $100,000 and no more than $250,000
	$957
		
29.22	greater than $50,000 and no more than $100,000
	$577
		
29.23	greater than $25,000 and no more than $50,000
	$462
		
29.24	no more than $25,000
	$231
		
29.25 	(f) If requested, the home care provider shall provide the commissioner information to 
29.26 	verify the provider's annual revenues or other information as needed, including copies of 
29.27 	documents submitted to the Department of Revenue.
29.28 	(g) At each annual renewal, a home care provider may elect to pay the highest renewal 
29.29 	fee for its license category, and not provide annual revenue information to the commissioner.
29.30 	(h) A temporary license or license applicant, or temporary licensee or licensee that 
29.31 	knowingly provides the commissioner incorrect revenue amounts for the purpose of paying 
29.32 	a lower license fee, shall be subject to a civil penalty in the amount of double the fee the 
29.33 	provider should have paid.
29.34 	(i) The fee for failure to comply with the notification requirements of section 144A.473, 
29.35 	subdivision 2, paragraph (c), is $1,000.
30.1 	(j) Fees and penalties collected under this section shall be deposited in the state treasury 
30.2 	and credited to the state government special revenue fund. All fees are nonrefundable. Fees 
30.3 	collected under paragraphs (c), (d), and (e) are nonrefundable even if received before July 
30.4 	1, 2017, for temporary licenses or licenses being issued effective July 1, 2017, or later.

30.5 	Sec. 36. Minnesota Statutes 2016, section 144A.473, is amended to read:
30.6 	144A.473 ISSUANCE OF TEMPORARY LICENSE AND LICENSE RENEWAL.
30.7 		Subdivision 1.Temporary license and renewal of license. (a) The department shall 
30.8 	review each application to determine the applicant's knowledge of and compliance with 
30.9 	Minnesota home care regulations. Before granting a temporary license or renewing a license, 
30.10 	the commissioner may further evaluate the applicant or licensee by requesting additional 
30.11 	information or documentation or by conducting an on-site survey of the applicant to 
30.12 	determine compliance with sections 144A.43 to 144A.482.
30.13 	(b) Within 14 calendar days after receiving an application for a license, the commissioner 
30.14 	shall acknowledge receipt of the application in writing. The acknowledgment must indicate 
30.15 	whether the application appears to be complete or whether additional information is required 
30.16 	before the application will be considered complete.
30.17 	(c) Within 90 days after receiving a complete application, the commissioner shall issue 
30.18 	a temporary license, renew the license, or deny the license.
30.19 	(d) The commissioner shall issue a license that contains the home care provider's name, 
30.20 	address, license level, expiration date of the license, and unique license number. All licenses, 
30.21 	except for temporary licenses issued under subdivision 2, are valid for up to one year from 
30.22 	the date of issuance.
30.23 		Subd. 2.Temporary license. (a) For new license applicants, the commissioner shall 
30.24 	issue a temporary license for either the basic or comprehensive home care level. A temporary 
30.25 	license is effective for up to one year from the date of issuance, except that a temporary 
30.26 	license may be extended according to subdivision 3. Temporary licensees must comply with 
30.27 	sections 144A.43 to 144A.482.
30.28 	(b) During the temporary license year period, the commissioner shall survey the temporary 
30.29 	licensee within 90 calendar days after the commissioner is notified or has evidence that the 
30.30 	temporary licensee is providing home care services.
30.31 	(c) Within five days of beginning the provision of services, the temporary licensee must 
30.32 	notify the commissioner that it is serving clients. The notification to the commissioner may 
30.33 	be mailed or e-mailed to the commissioner at the address provided by the commissioner. If 
31.1 	the temporary licensee does not provide home care services during the temporary license 
31.2 	year period, then the temporary license expires at the end of the year period and the applicant 
31.3 	must reapply for a temporary home care license.
31.4 	(d) A temporary licensee may request a change in the level of licensure prior to being 
31.5 	surveyed and granted a license by notifying the commissioner in writing and providing 
31.6 	additional documentation or materials required to update or complete the changed temporary 
31.7 	license application. The applicant must pay the difference between the application fees 
31.8 	when changing from the basic level to the comprehensive level of licensure. No refund will 
31.9 	be made if the provider chooses to change the license application to the basic level.
31.10 	(e) If the temporary licensee notifies the commissioner that the licensee has clients within 
31.11 	45 days prior to the temporary license expiration, the commissioner may extend the temporary 
31.12 	license for up to 60 days in order to allow the commissioner to complete the on-site survey 
31.13 	required under this section and follow-up survey visits.
31.14 		Subd. 3.Temporary licensee survey. (a) If the temporary licensee is in substantial 
31.15 	compliance with the survey, the commissioner shall issue either a basic or comprehensive 
31.16 	home care license. If the temporary licensee is not in substantial compliance with the survey, 
31.17 	the commissioner shall either: (1) not issue a basic or comprehensive license and there will 
31.18 	be no contested hearing right under chapter 14 terminate the temporary license; or (2) extend 
31.19 	the temporary license for a period not to exceed 90 days and apply conditions, as permitted 
31.20 	under section 144A.475, subdivision 2, to the extension of a temporary license. If the 
31.21 	temporary licensee is not in substantial compliance with the survey within the time period 
31.22 	of the extension, or if the temporary licensee does not satisfy the license conditions, the 
31.23 	commissioner may deny the license.
31.24 	(b) If the temporary licensee whose basic or comprehensive license has been denied or 
31.25 	extended with conditions disagrees with the conclusions of the commissioner, then the 
31.26 	temporary licensee may request a reconsideration by the commissioner or commissioner's 
31.27 	designee. The reconsideration request process must be conducted internally by the 
31.28 	commissioner or commissioner's designee, and chapter 14 does not apply.
31.29 	(c) The temporary licensee requesting reconsideration must make the request in writing 
31.30 	and must list and describe the reasons why the temporary licensee disagrees with the decision 
31.31 	to deny the basic or comprehensive home care license or the decision to extend the temporary 
31.32 	license with conditions.
32.1 	(d) The reconsideration request and supporting documentation must be received by the 
32.2 	commissioner within 15 calendar days after the date the temporary licensee receives the 
32.3 	correction order.
32.4 	(e) A temporary licensee whose license is denied, is permitted to continue operating as 
32.5 	a home care provider during the period of time when:
32.6 	(1) a reconsideration request is in process;
32.7 	(2) an extension of a temporary license is being negotiated;
32.8 	(3) the placement of conditions on a temporary license is being negotiated; or
32.9 	(4) a transfer of home care clients from the temporary licensee to a new home care 
32.10 	provider is in process.
32.11 	(f) A temporary licensee whose license is denied must comply with the requirements 
32.12 	for notification and transfer of clients in section 144A.475, subdivision 5.

32.13 	Sec. 37. Minnesota Statutes 2016, section 144A.474, subdivision 2, is amended to read:
32.14 		Subd. 2.Types of home care surveys. (a) "Initial full survey" means the survey of a 
32.15 	new temporary licensee conducted after the department is notified or has evidence that the 
32.16 	temporary licensee is providing home care services to determine if the provider is in 
32.17 	compliance with home care requirements. Initial full surveys must be completed within 14 
32.18 	months after the department's issuance of a temporary basic or comprehensive license.
32.19 	(b) "Change in ownership survey" means a full survey of a new licensee due to a change 
32.20 	in ownership. Change in ownership surveys must be completed within six months after the 
32.21 	department's issuance of a new license due to a change in ownership.
32.22 	(c) "Core survey" means periodic inspection of home care providers to determine ongoing 
32.23 	compliance with the home care requirements, focusing on the essential health and safety 
32.24 	requirements. Core surveys are available to licensed home care providers who have been 
32.25 	licensed for three years and surveyed at least once in the past three years with the latest 
32.26 	survey having no widespread violations beyond Level 1 as provided in subdivision 11. 
32.27 	Providers must also not have had any substantiated licensing complaints, substantiated 
32.28 	complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors 
32.29 	Act, or an enforcement action as authorized in section 144A.475 in the past three years.
32.30 	(1) The core survey for basic home care providers must review compliance in the 
32.31 	following areas:
32.32 	(i) reporting of maltreatment;
33.1 	(ii) orientation to and implementation of the home care bill of rights;
33.2 	(iii) statement of home care services;
33.3 	(iv) initial evaluation of clients and initiation of services;
33.4 	(v) client review and monitoring;
33.5 	(vi) service plan agreement implementation and changes to the service plan agreement;
33.6 	(vii) client complaint and investigative process;
33.7 	(viii) competency of unlicensed personnel; and
33.8 	(ix) infection control.
33.9 	(2) For comprehensive home care providers, the core survey must include everything 
33.10 	in the basic core survey plus these areas:
33.11 	(i) delegation to unlicensed personnel;
33.12 	(ii) assessment, monitoring, and reassessment of clients; and
33.13 	(iii) medication, treatment, and therapy management.
33.14 	(c) (d) "Full survey" means the periodic inspection of home care providers to determine 
33.15 	ongoing compliance with the home care requirements that cover the core survey areas and 
33.16 	all the legal requirements for home care providers. A full survey is conducted for all 
33.17 	temporary licensees and, for licensees that receive licenses due to an approved change in 
33.18 	ownership, for providers who do not meet the requirements needed for a core survey, and 
33.19 	when a surveyor identifies unacceptable client health or safety risks during a core survey. 
33.20 	A full survey must include all the tasks identified as part of the core survey and any additional 
33.21 	review deemed necessary by the department, including additional observation, interviewing, 
33.22 	or records review of additional clients and staff.
33.23 	(d) (e) "Follow-up surveys" means surveys conducted to determine if a home care 
33.24 	provider has corrected deficient issues and systems identified during a core survey, full 
33.25 	survey, or complaint investigation. Follow-up surveys may be conducted via phone, e-mail, 
33.26 	fax, mail, or on-site reviews. Follow-up surveys, other than complaint surveys, shall be 
33.27 	concluded with an exit conference and written information provided on the process for 
33.28 	requesting a reconsideration of the survey results.
33.29 	(e) (f) Upon receiving information alleging that a home care provider has violated or is 
33.30 	currently violating a requirement of sections 144A.43 to 144A.482, the commissioner shall 
33.31 	investigate the complaint according to sections 144A.51 to 144A.54.

34.1 	Sec. 38. Minnesota Statutes 2016, section 144A.475, subdivision 1, is amended to read:
34.2 		Subdivision 1.Conditions. (a) The commissioner may refuse to grant a temporary 
34.3 	license, refuse to grant a license as a result of a change in ownership, refuse to renew a 
34.4 	license, suspend or revoke a license, or impose a conditional license if the home care provider 
34.5 	or owner or managerial official of the home care provider:
34.6 	(1) is in violation of, or during the term of the license has violated, any of the requirements 
34.7 	in sections 144A.471 to 144A.482;
34.8 	(2) permits, aids, or abets the commission of any illegal act in the provision of home 
34.9 	care;
34.10 	(3) performs any act detrimental to the health, safety, and welfare of a client;
34.11 	(4) obtains the license by fraud or misrepresentation;
34.12 	(5) knowingly made or makes a false statement of a material fact in the application for 
34.13 	a license or in any other record or report required by this chapter;
34.14 	(6) denies representatives of the department access to any part of the home care provider's 
34.15 	books, records, files, or employees;
34.16 	(7) interferes with or impedes a representative of the department in contacting the home 
34.17 	care provider's clients;
34.18 	(8) interferes with or impedes a representative of the department in the enforcement of 
34.19 	this chapter or has failed to fully cooperate with an inspection, survey, or investigation by 
34.20 	the department;
34.21 	(9) destroys or makes unavailable any records or other evidence relating to the home 
34.22 	care provider's compliance with this chapter;
34.23 	(10) refuses to initiate a background study under section 144.057 or 245A.04;
34.24 	(11) fails to timely pay any fines assessed by the department;
34.25 	(12) violates any local, city, or township ordinance relating to home care services;
34.26 	(13) has repeated incidents of personnel performing services beyond their competency 
34.27 	level; or
34.28 	(14) has operated beyond the scope of the home care provider's license level.
34.29 	(b) A violation by a contractor providing the home care services of the home care provider 
34.30 	is a violation by the home care provider.

35.1 	Sec. 39. Minnesota Statutes 2016, section 144A.475, subdivision 2, is amended to read:
35.2 		Subd. 2.Terms to suspension or conditional license. (a) A suspension or conditional 
35.3 	license designation may include terms that must be completed or met before a suspension 
35.4 	or conditional license designation is lifted. A conditional license designation may include 
35.5 	restrictions or conditions that are imposed on the provider. Terms for a suspension or 
35.6 	conditional license may include one or more of the following and the scope of each will be 
35.7 	determined by the commissioner:
35.8 	(1) requiring a consultant to review, evaluate, and make recommended changes to the 
35.9 	home care provider's practices and submit reports to the commissioner at the cost of the 
35.10 	home care provider;
35.11 	(2) requiring supervision of the home care provider or staff practices at the cost of the 
35.12 	home care provider by an unrelated person who has sufficient knowledge and qualifications 
35.13 	to oversee the practices and who will submit reports to the commissioner;
35.14 	(3) requiring the home care provider or employees to obtain training at the cost of the 
35.15 	home care provider;
35.16 	(4) requiring the home care provider to submit reports to the commissioner;
35.17 	(5) prohibiting the home care provider from taking any new clients for a period of time; 
35.18 	or
35.19 	(6) any other action reasonably required to accomplish the purpose of this subdivision 
35.20 	and section 144A.45, subdivision 2.
35.21 	(b) A home care provider subject to this subdivision may continue operating during the 
35.22 	period of time home care clients are being transferred to other providers.

35.23 	Sec. 40. Minnesota Statutes 2016, section 144A.475, subdivision 5, is amended to read:
35.24 		Subd. 5.Plan required. (a) The process of suspending or revoking a license must include 
35.25 	a plan for transferring affected clients to other providers by the home care provider, which 
35.26 	will be monitored by the commissioner. Within three business days of being notified of the 
35.27 	final revocation or suspension action, the home care provider shall provide the commissioner, 
35.28 	the lead agencies as defined in section 256B.0911, and the ombudsman for long-term care 
35.29 	with the following information:
35.30 	(1) a list of all clients, including full names and all contact information on file;
35.31 	(2) a list of each client's representative or emergency contact person, including full names 
35.32 	and all contact information on file;
36.1 	(3) the location or current residence of each client;
36.2 	(4) the payor sources for each client, including payor source identification numbers; and
36.3 	(5) for each client, a copy of the client's service plan, and a list of the types of services 
36.4 	being provided.
36.5 	(b) The revocation or suspension notification requirement is satisfied by mailing the 
36.6 	notice to the address in the license record. The home care provider shall cooperate with the 
36.7 	commissioner and the lead agencies during the process of transferring care of clients to 
36.8 	qualified providers. Within three business days of being notified of the final revocation or 
36.9 	suspension action, the home care provider must notify and disclose to each of the home 
36.10 	care provider's clients, or the client's representative or emergency contact persons, that the 
36.11 	commissioner is taking action against the home care provider's license by providing a copy 
36.12 	of the revocation or suspension notice issued by the commissioner.
36.13 	(c) A home care provider subject to this subdivision may continue operating during the 
36.14 	period of time home care clients are being transferred to other providers.

36.15 	Sec. 41. Minnesota Statutes 2016, section 144A.476, subdivision 1, is amended to read:
36.16 		Subdivision 1.Prior criminal convictions; owner and managerial officials. (a) Before 
36.17 	the commissioner issues a temporary license, issues a license as a result of an approved 
36.18 	change in ownership, or renews a license, an owner or managerial official is required to 
36.19 	complete a background study under section 144.057. No person may be involved in the 
36.20 	management, operation, or control of a home care provider if the person has been disqualified 
36.21 	under chapter 245C. If an individual is disqualified under section 144.057 or chapter 245C, 
36.22 	the individual may request reconsideration of the disqualification. If the individual requests 
36.23 	reconsideration and the commissioner sets aside or rescinds the disqualification, the individual 
36.24 	is eligible to be involved in the management, operation, or control of the provider. If an 
36.25 	individual has a disqualification under section 245C.15, subdivision 1, and the disqualification 
36.26 	is affirmed, the individual's disqualification is barred from a set aside, and the individual 
36.27 	must not be involved in the management, operation, or control of the provider.
36.28 	(b) For purposes of this section, owners of a home care provider subject to the background 
36.29 	check requirement are those individuals whose ownership interest provides sufficient 
36.30 	authority or control to affect or change decisions related to the operation of the home care 
36.31 	provider. An owner includes a sole proprietor, a general partner, or any other individual 
36.32 	whose individual ownership interest can affect the management and direction of the policies 
36.33 	of the home care provider.
37.1 	(c) For the purposes of this section, managerial officials subject to the background check 
37.2 	requirement are individuals who provide direct contact as defined in section 245C.02, 
37.3 	subdivision 11, or individuals who have the responsibility for the ongoing management or 
37.4 	direction of the policies, services, or employees of the home care provider. Data collected 
37.5 	under this subdivision shall be classified as private data on individuals under section 13.02, 
37.6 	subdivision 12.
37.7 	(d) The department shall not issue any license if the applicant or owner or managerial 
37.8 	official has been unsuccessful in having a background study disqualification set aside under 
37.9 	section 144.057 and chapter 245C; if the owner or managerial official, as an owner or 
37.10 	managerial official of another home care provider, was substantially responsible for the 
37.11 	other home care provider's failure to substantially comply with sections 144A.43 to 
37.12 	144A.482; or if an owner that has ceased doing business, either individually or as an owner 
37.13 	of a home care provider, was issued a correction order for failing to assist clients in violation 
37.14 	of this chapter.

37.15 	Sec. 42. Minnesota Statutes 2016, section 144A.479, subdivision 7, is amended to read:
37.16 		Subd. 7.Employee records. The home care provider must maintain current records of 
37.17 	each paid employee, regularly scheduled volunteers providing home care services, and of 
37.18 	each individual contractor providing home care services. The records must include the 
37.19 	following information:
37.20 	(1) evidence of current professional licensure, registration, or certification, if licensure, 
37.21 	registration, or certification is required by this statute or other rules;
37.22 	(2) records of orientation, required annual training and infection control training, and 
37.23 	competency evaluations;
37.24 	(3) current job description, including qualifications, responsibilities, and identification 
37.25 	of staff providing supervision;
37.26 	(4) documentation of annual performance reviews which identify areas of improvement 
37.27 	needed and training needs;
37.28 	(5) for individuals providing home care services, verification that required any health 
37.29 	screenings required by infection control programs established under section 144A.4798
37.30 	have taken place and the dates of those screenings; and
37.31 	(6) documentation of the background study as required under section 144.057.
38.1 	Each employee record must be retained for at least three years after a paid employee, home 
38.2 	care volunteer, or contractor ceases to be employed by or under contract with the home care 
38.3 	provider. If a home care provider ceases operation, employee records must be maintained 
38.4 	for three years.

38.5 	Sec. 43. Minnesota Statutes 2016, section 144A.4791, subdivision 1, is amended to read:
38.6 		Subdivision 1.Home care bill of rights; notification to client. (a) The home care 
38.7 	provider shall provide the client or the client's representative a written notice of the rights 
38.8 	under section 144A.44 before the initiation of date that services are first provided to that 
38.9 	client. The provider shall make all reasonable efforts to provide notice of the rights to the 
38.10 	client or the client's representative in a language the client or client's representative can 
38.11 	understand.
38.12 	(b) In addition to the text of the home care bill of rights in section 144A.44, subdivision 
38.13 	1, the notice shall also contain the following statement describing how to file a complaint 
38.14 	with these offices.
38.15 	"If you have a complaint about the provider or the person providing your home care 
38.16 	services, you may call, write, or visit the Office of Health Facility Complaints, Minnesota 
38.17 	Department of Health. You may also contact the Office of Ombudsman for Long-Term 
38.18 	Care or the Office of Ombudsman for Mental Health and Developmental Disabilities."
38.19 	The statement should include the telephone number, Web site address, e-mail address, 
38.20 	mailing address, and street address of the Office of Health Facility Complaints at the 
38.21 	Minnesota Department of Health, the Office of the Ombudsman for Long-Term Care, and 
38.22 	the Office of the Ombudsman for Mental Health and Developmental Disabilities. The 
38.23 	statement should also include the home care provider's name, address, e-mail, telephone 
38.24 	number, and name or title of the person at the provider to whom problems or complaints 
38.25 	may be directed. It must also include a statement that the home care provider will not retaliate 
38.26 	because of a complaint.
38.27 	(c) The home care provider shall obtain written acknowledgment of the client's receipt 
38.28 	of the home care bill of rights or shall document why an acknowledgment cannot be obtained. 
38.29 	The acknowledgment may be obtained from the client or the client's representative. 
38.30 	Acknowledgment of receipt shall be retained in the client's record.

39.1 	Sec. 44. Minnesota Statutes 2016, section 144A.4791, subdivision 3, is amended to read:
39.2 		Subd. 3.Statement of home care services. Prior to the initiation of date that services
39.3 	are first provided to the client, a home care provider must provide to the client or the client's 
39.4 	representative a written statement which identifies if the provider has a basic or 
39.5 	comprehensive home care license, the services the provider is authorized to provide, and 
39.6 	which services the provider cannot provide under the scope of the provider's license. The 
39.7 	home care provider shall obtain written acknowledgment from the clients that the provider 
39.8 	has provided the statement or must document why the provider could not obtain the 
39.9 	acknowledgment.

39.10 	Sec. 45. Minnesota Statutes 2016, section 144A.4791, subdivision 6, is amended to read:
39.11 		Subd. 6.Initiation of services. When a provider initiates provides home care services 
39.12 	and to a client before the individualized review or assessment by a licensed health 
39.13 	professional or registered nurse as required in subdivisions 7 and 8 has not been is completed, 
39.14 	the provider licensed health professional or registered nurse must complete a temporary 
39.15 	plan and agreement with the client for services and orient staff assigned to deliver services 
39.16 	as identified in the temporary plan.

39.17 	Sec. 46. Minnesota Statutes 2016, section 144A.4791, subdivision 7, is amended to read:
39.18 		Subd. 7.Basic individualized client review and monitoring. (a) When services being 
39.19 	provided are basic home care services, an individualized initial review of the client's needs 
39.20 	and preferences must be conducted at the client's residence with the client or client's 
39.21 	representative. This initial review must be completed within 30 days after the initiation of 
39.22 	the date that home care services are first provided.
39.23 	(b) Client monitoring and review must be conducted as needed based on changes in the 
39.24 	needs of the client and cannot exceed 90 days from the date of the last review. The monitoring 
39.25 	and review may be conducted at the client's residence or through the utilization of 
39.26 	telecommunication methods based on practice standards that meet the individual client's 
39.27 	needs.

39.28 	Sec. 47. Minnesota Statutes 2016, section 144A.4791, subdivision 8, is amended to read:
39.29 		Subd. 8.Comprehensive assessment, monitoring, and reassessment. (a) When the 
39.30 	services being provided are comprehensive home care services, an individualized initial 
39.31 	assessment must be conducted in person by a registered nurse. When the services are provided 
39.32 	by other licensed health professionals, the assessment must be conducted by the appropriate 
40.1 	health professional. This initial assessment must be completed within five days after initiation 
40.2 	of the date that home care services are first provided.
40.3 	(b) Client monitoring and reassessment must be conducted in the client's home no more 
40.4 	than 14 days after initiation of the date that home care services are first provided.
40.5 	(c) Ongoing client monitoring and reassessment must be conducted as needed based on 
40.6 	changes in the needs of the client and cannot exceed 90 days from the last date of the 
40.7 	assessment. The monitoring and reassessment may be conducted at the client's residence 
40.8 	or through the utilization of telecommunication methods based on practice standards that 
40.9 	meet the individual client's needs.

40.10 	Sec. 48. Minnesota Statutes 2016, section 144A.4791, subdivision 9, is amended to read:
40.11 		Subd. 9.Service plan agreement, implementation, and revisions to service plan
40.12 	agreement. (a) No later than 14 days after the initiation of date that home care services are 
40.13 	first provided, a home care provider shall finalize a current written service plan agreement.
40.14 	(b) The service plan agreement and any revisions must include a signature or other 
40.15 	authentication by the home care provider and by the client or the client's representative 
40.16 	documenting agreement on the services to be provided. The service plan agreement must 
40.17 	be revised, if needed, based on client review or reassessment under subdivisions 7 and 8. 
40.18 	The provider must provide information to the client about changes to the provider's fee for 
40.19 	services and how to contact the Office of the Ombudsman for Long-Term Care.
40.20 	(c) The home care provider must implement and provide all services required by the 
40.21 	current service plan agreement.
40.22 	(d) The service planagreement and revised service planagreement must be entered into 
40.23 	the client's record, including notice of a change in a client's fees when applicable.
40.24 	(e) Staff providing home care services must be informed of the current written service 
40.25 	plan agreement.
40.26 	(f) The service plan agreement must include:
40.27 	(1) a description of the home care services to be provided, the fees for services, and the 
40.28 	frequency of each service, according to the client's current review or assessment and client 
40.29 	preferences;
40.30 	(2) the identification of the staff or categories of staff who will provide the services;
40.31 	(3) the schedule and methods of monitoring reviews or assessments of the client;
41.1 	(4) the frequency of sessions of supervision of staff and type of personnel who will 
41.2 	supervise staff; and the schedule and methods of monitoring staff providing home care 
41.3 	services; and
41.4 	(5) a contingency plan that includes:
41.5 	(i) the action to be taken by the home care provider and by the client or client's 
41.6 	representative if the scheduled service cannot be provided;
41.7 	(ii) information and a method for a client or client's representative to contact the home 
41.8 	care provider;
41.9 	(iii) names and contact information of persons the client wishes to have notified in an 
41.10 	emergency or if there is a significant adverse change in the client's condition, including 
41.11 	identification of and information as to who has authority to sign for the client in an 
41.12 	emergency; and
41.13 	(iv) the circumstances in which emergency medical services are not to be summoned 
41.14 	consistent with chapters 145B and 145C, and declarations made by the client under those 
41.15 	chapters.

41.16 	Sec. 49. Minnesota Statutes 2016, section 144A.4792, subdivision 1, is amended to read:
41.17 		Subdivision 1.Medication management services; comprehensive home care license.
 41.18 	(a) This subdivision applies only to home care providers with a comprehensive home care 
41.19 	license that provide medication management services to clients. Medication management 
41.20 	services may not be provided by a home care provider who has a basic home care license.
41.21 	(b) A comprehensive home care provider who provides medication management services 
41.22 	must develop, implement, and maintain current written medication management policies 
41.23 	and procedures. The policies and procedures must be developed under the supervision and 
41.24 	direction of a registered nurse, licensed health professional, or pharmacist consistent with 
41.25 	current practice standards and guidelines.
41.26 	(c) The written policies and procedures must address requesting and receiving 
41.27 	prescriptions for medications; preparing and giving medications; verifying that prescription 
41.28 	drugs are administered as prescribed; documenting medication management activities; 
41.29 	controlling and storing medications; monitoring and evaluating medication use; resolving 
41.30 	medication errors; communicating with the prescriber, pharmacist, and client and client 
41.31 	representative, if any; disposing of unused medications; and educating clients and client 
41.32 	representatives about medications. When controlled substances are being managed, stored, 
41.33 	and secured by the comprehensive home care provider, the policies and procedures must 
42.1 	also identify how the provider will ensure security and accountability for the overall 
42.2 	management, control, and disposition of those substances in compliance with state and 
42.3 	federal regulations and with subdivision 22.

42.4 	Sec. 50. Minnesota Statutes 2016, section 144A.4792, subdivision 2, is amended to read:
42.5 		Subd. 2.Provision of medication management services. (a) For each client who 
42.6 	requests medication management services, the comprehensive home care provider shall, 
42.7 	prior to providing medication management services, have a registered nurse, licensed health 
42.8 	professional, or authorized prescriber under section 151.37 conduct an assessment to 
42.9 	determine what medication management services will be provided and how the services 
42.10 	will be provided. This assessment must be conducted face-to-face with the client. The 
42.11 	assessment must include an identification and review of all medications the client is known 
42.12 	to be taking. The review and identification must include indications for medications, side 
42.13 	effects, contraindications, allergic or adverse reactions, and actions to address these issues.
42.14 	(b) The assessment must:
42.15 	(1) identify interventions needed in management of medications to prevent diversion of 
42.16 	medication by the client or others who may have access to the medications.; and
42.17 	(2) provide instructions to the client or client's representative on interventions to manage 
42.18 	the client's medications and prevent diversion of medications.
42.19 	"Diversion of medications" means the misuse, theft, or illegal or improper disposition of 
42.20 	medications.

42.21 	Sec. 51. Minnesota Statutes 2016, section 144A.4792, subdivision 5, is amended to read:
42.22 		Subd. 5.Individualized medication management plan. (a) For each client receiving 
42.23 	medication management services, the comprehensive home care provider must prepare and 
42.24 	include in the service plan agreement a written statement of the medication management 
42.25 	services that will be provided to the client. The provider must develop and maintain a current 
42.26 	individualized medication management record for each client based on the client's assessment 
42.27 	that must contain the following:
42.28 	(1) a statement describing the medication management services that will be provided;
42.29 	(2) a description of storage of medications based on the client's needs and preferences, 
42.30 	risk of diversion, and consistent with the manufacturer's directions;
43.1 	(3) documentation of specific client instructions relating to the administration of 
43.2 	medications;
43.3 	(4) identification of persons responsible for monitoring medication supplies and ensuring 
43.4 	that medication refills are ordered on a timely basis;
43.5 	(5) identification of medication management tasks that may be delegated to unlicensed 
43.6 	personnel;
43.7 	(6) procedures for staff notifying a registered nurse or appropriate licensed health 
43.8 	professional when a problem arises with medication management services; and
43.9 	(7) any client-specific requirements relating to documenting medication administration, 
43.10 	verifications that all medications are administered as prescribed, and monitoring of 
43.11 	medication use to prevent possible complications or adverse reactions.
43.12 	(b) The medication management record must be current and updated when there are any 
43.13 	changes.
43.14 	(c) Medication reconciliation must be completed when a licensed nurse, licensed health 
43.15 	professional, or authorized prescriber is providing medication management.

43.16 	Sec. 52. Minnesota Statutes 2016, section 144A.4792, subdivision 10, is amended to read:
43.17 		Subd. 10.Medication management for clients who will be away from home. (a) A 
43.18 	home care provider who is providing medication management services to the client and 
43.19 	controls the client's access to the medications must develop and implement policies and 
43.20 	procedures for giving accurate and current medications to clients for planned or unplanned 
43.21 	times away from home according to the client's individualized medication management 
43.22 	plan. The policy and procedures must state that:
43.23 	(1) for planned time away, the medications must be obtained from the pharmacy or set 
43.24 	up by the registered a licensed nurse according to appropriate state and federal laws and 
43.25 	nursing standards of practice;
43.26 	(2) for unplanned time away, when the pharmacy is not able to provide the medications, 
43.27 	a licensed nurse or unlicensed personnel shall give the client or client's representative 
43.28 	medications in amounts and dosages needed for the length of the anticipated absence, not 
43.29 	to exceed 120 hours seven calendar days;
43.30 	(3) the client or client's representative must be provided written information on 
43.31 	medications, including any special instructions for administering or handling the medications, 
43.32 	including controlled substances;
44.1 	(4) the medications must be placed in a medication container or containers appropriate 
44.2 	to the provider's medication system and must be labeled with the client's name and the dates 
44.3 	and times that the medications are scheduled; and
44.4 	(5) the client or client's representative must be provided in writing the home care 
44.5 	provider's name and information on how to contact the home care provider.
44.6 	(b) For unplanned time away when the licensed nurse is not available, the registered 
44.7 	nurse may delegate this task to unlicensed personnel if:
44.8 	(1) the registered nurse has trained the unlicensed staff and determined the unlicensed 
44.9 	staff is competent to follow the procedures for giving medications to clients; and
44.10 	(2) the registered nurse has developed written procedures for the unlicensed personnel, 
44.11 	including any special instructions or procedures regarding controlled substances that are 
44.12 	prescribed for the client. The procedures must address:
44.13 	(i) the type of container or containers to be used for the medications appropriate to the 
44.14 	provider's medication system;
44.15 	(ii) how the container or containers must be labeled;
44.16 	(iii) the written information about the medications to be given to the client or client's 
44.17 	representative;
44.18 	(iv) how the unlicensed staff must document in the client's record that medications have 
44.19 	been given to the client or the client's representative, including documenting the date the 
44.20 	medications were given to the client or the client's representative and who received the 
44.21 	medications, the person who gave the medications to the client, the number of medications 
44.22 	that were given to the client, and other required information;
44.23 	(v) how the registered nurse shall be notified that medications have been given to the 
44.24 	client or client's representative and whether the registered nurse needs to be contacted before 
44.25 	the medications are given to the client or the client's representative; and
44.26 	(vi) a review by the registered nurse of the completion of this task to verify that this task 
44.27 	was completed accurately by the unlicensed personnel.; and
44.28 	(vii) how the unlicensed staff must document in the client's record any unused medications 
44.29 	that are returned to the provider, including the name of each medication and the doses of 
44.30 	each returned medication.

45.1 	Sec. 53. Minnesota Statutes 2016, section 144A.4793, subdivision 6, is amended to read:
45.2 		Subd. 6.Treatment and therapy orders or prescriptions. There must be an up-to-date 
45.3 	written or electronically recorded order or prescription from an authorized prescriber for 
45.4 	all treatments and therapies. The order must contain the name of the client, a description of 
45.5 	the treatment or therapy to be provided, and the frequency, duration, and other information 
45.6 	needed to administer the treatment or therapy. Treatment and therapy orders must be renewed 
45.7 	at least every 12 months.

45.8 	Sec. 54. Minnesota Statutes 2017 Supplement, section 144A.4796, subdivision 2, is 
45.9 	amended to read:
45.10 		Subd. 2.Content. (a) The orientation must contain the following topics:
45.11 	(1) an overview of sections 144A.43 to 144A.4798;
45.12 	(2) introduction and review of all the provider's policies and procedures related to the 
45.13 	provision of home care services by the individual staff person;
45.14 	(3) handling of emergencies and use of emergency services;
45.15 	(4) compliance with and reporting of the maltreatment of minors or vulnerable adults 
45.16 	under sections 626.556 and 626.557;
45.17 	(5) home care bill of rights under section 144A.44;
45.18 	(6) handling of clients' complaints, reporting of complaints, and where to report 
45.19 	complaints including information on the Office of Health Facility Complaints and the 
45.20 	Common Entry Point;
45.21 	(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care, 
45.22 	Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care 
45.23 	Ombudsman at the Department of Human Services, county managed care advocates, or 
45.24 	other relevant advocacy services; and
45.25 	(8) review of the types of home care services the employee will be providing and the 
45.26 	provider's scope of licensure.
45.27 	(b) In addition to the topics listed in paragraph (a), orientation may also contain training 
45.28 	on providing services to clients with hearing loss. Any training on hearing loss provided 
45.29 	under this subdivision must be high quality and research-based, may include online training, 
45.30 	and must include training on one or more of the following topics:
46.1 	(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence, 
46.2 	and challenges it poses to communication;
46.3 	(2) health impacts related to untreated age-related hearing loss, such as increased 
46.4 	incidence of dementia, falls, hospitalizations, isolation, and depression; or
46.5 	(3) information about strategies and technology that may enhance communication and 
46.6 	involvement, including communication strategies, assistive listening devices, hearing aids, 
46.7 	visual and tactile alerting devices, communication access in real time, and closed captions.

46.8 	Sec. 55. Minnesota Statutes 2016, section 144A.4797, subdivision 3, is amended to read:
46.9 		Subd. 3.Supervision of staff providing delegated nursing or therapy home care 
46.10 	tasks. (a) Staff who perform delegated nursing or therapy home care tasks must be supervised 
46.11 	by an appropriate licensed health professional or a registered nurse periodically where the 
46.12 	services are being provided to verify that the work is being performed competently and to 
46.13 	identify problems and solutions related to the staff person's ability to perform the tasks. 
46.14 	Supervision of staff performing medication or treatment administration shall be provided 
46.15 	by a registered nurse or appropriate licensed health professional and must include observation 
46.16 	of the staff administering the medication or treatment and the interaction with the client.
46.17 	(b) The direct supervision of staff performing delegated tasks must be provided within 
46.18 	30 days after the date on which the individual begins working for the home care provider
46.19 	and first performs delegated tasks for clients and thereafter as needed based on performance. 
46.20 	This requirement also applies to staff who have not performed delegated tasks for one year 
46.21 	or longer.

46.22 	Sec. 56. Minnesota Statutes 2016, section 144A.4798, is amended to read:
46.23 	144A.4798 EMPLOYEE HEALTH STATUS DISEASE PREVENTION AND 
46.24 	INFECTION CONTROL.
46.25 		Subdivision 1.Tuberculosis (TB) prevention and infection control. (a) A home care 
46.26 	provider must establish and maintain a TB prevention andcomprehensive tuberculosis 
46.27 	infection control program based on according to the most current tuberculosis infection 
46.28 	control guidelines issued by the United States Centers for Disease Control and Prevention 
46.29 	(CDC), Division of Tuberculosis Elimination, as published in the CDC's Morbidity and 
46.30 	Mortality Weekly Report. Components of a TB prevention and control program include 
46.31 	screening all staff providing home care services, both paid and unpaid, at the time of hire 
46.32 	for active TB disease and latent TB infection, and developing and implementing a written 
47.1 	TB infection control plan. The commissioner shall make the most recent CDC standards 
47.2 	available to home care providers on the department's Web site. This program must include 
47.3 	a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, 
47.4 	students, and volunteers. The commissioner shall provide technical assistance regarding 
47.5 	implementation of the guidelines.
47.6 	(b) Written evidence of compliance with this subdivision must be maintained by the 
47.7 	home care provider.
47.8 		Subd. 2.Communicable diseases. A home care provider must follow current federal 
47.9 	or state guidelines state requirements for prevention, control, and reporting of human 
47.10 	immunodeficiency virus (HIV), hepatitis B virus (HBV), hepatitis C virus, or other 
47.11 	communicable diseases as defined in Minnesota Rules, part parts4605.7040, 4605.7044, 
47.12 	4605.7050, 4605.7075, 4605.7080, and 4605.7090.
47.13 		Subd. 3.Infection control program. A home care provider must establish and maintain 
47.14 	an effective infection control program that complies with accepted health care, medical, 
47.15 	and nursing standards for infection control.

47.16 	Sec. 57. Minnesota Statutes 2016, section 144A.4799, subdivision 1, is amended to read:
47.17 		Subdivision 1.Membership. The commissioner of health shall appoint eight persons 
47.18 	to a home care and assisted living program advisory council consisting of the following:
47.19 	(1) three public members as defined in section 214.02 who shall be either persons who 
47.20 	are currently receiving home care services or, persons who have received home care services 
47.21 	within five years of the application date, persons who have family members receiving home 
47.22 	care services, or persons who have family members who have received home care services 
47.23 	within five years of the application date;
47.24 	(2) three Minnesota home care licensees representing basic and comprehensive levels 
47.25 	of licensure who may be a managerial official, an administrator, a supervising registered 
47.26 	nurse, or an unlicensed personnel performing home care tasks;
47.27 	(3) one member representing the Minnesota Board of Nursing; and
47.28 	(4) one member representing the Office of Ombudsman for Long-Term Care.

48.1 	Sec. 58. Minnesota Statutes 2017 Supplement, section 144A.4799, subdivision 3, is 
48.2 	amended to read:
48.3 		Subd. 3.Duties. (a) At the commissioner's request, the advisory council shall provide 
48.4 	advice regarding regulations of Department of Health licensed home care providers in this 
48.5 	chapter, including advice on the following:
48.6 	(1) community standards for home care practices;
48.7 	(2) enforcement of licensing standards and whether certain disciplinary actions are 
48.8 	appropriate;
48.9 	(3) ways of distributing information to licensees and consumers of home care;
48.10 	(4) training standards;
48.11 	(5) identifying emerging issues and opportunities in the home care field, including and 
48.12 	assisted living;
48.13 	(6) identifying the use of technology in home and telehealth capabilities;
48.14 	(6) (7) allowable home care licensing modifications and exemptions, including a method 
48.15 	for an integrated license with an existing license for rural licensed nursing homes to provide 
48.16 	limited home care services in an adjacent independent living apartment building owned by 
48.17 	the licensed nursing home; and
48.18 	(7) (8) recommendations for studies using the data in section 62U.04, subdivision 4, 
48.19 	including but not limited to studies concerning costs related to dementia and chronic disease 
48.20 	among an elderly population over 60 and additional long-term care costs, as described in 
48.21 	section 62U.10, subdivision 6.
48.22 	(b) The advisory council shall perform other duties as directed by the commissioner.
48.23 	(c) The advisory council shall annually review the balance of the account in the state 
48.24 	government special revenue fund described in section 144A.474, subdivision 11, paragraph 
48.25 	(i), and make annual recommendations by January 15 directly to the chairs and ranking 
48.26 	minority members of the legislative committees with jurisdiction over health and human 
48.27 	services regarding appropriations to the commissioner for the purposes in section 144A.474, 
48.28 	subdivision 11, paragraph (i).

48.29 	Sec. 59. Minnesota Statutes 2016, section 144A.484, subdivision 1, is amended to read:
48.30 		Subdivision 1.Integrated licensing established. (a) From January 1, 2014, to June 30, 
48.31 	2015, the commissioner of health shall enforce the home and community-based services 
49.1 	standards under chapter 245D for those providers who also have a home care license pursuant 
49.2 	to this chapter as required under Laws 2013, chapter 108, article 8, section 60, and article 
49.3 	11, section 31. During this period, the commissioner shall provide technical assistance to 
49.4 	achieve and maintain compliance with applicable law or rules governing the provision of 
49.5 	home and community-based services, including complying with the service recipient rights 
49.6 	notice in subdivision 4, clause (4). If during the survey, the commissioner finds that the 
49.7 	licensee has failed to achieve compliance with an applicable law or rule under chapter 245D 
49.8 	and this failure does not imminently endanger the health, safety, or rights of the persons 
49.9 	served by the program, the commissioner may issue a licensing survey report with 
49.10 	recommendations for achieving and maintaining compliance.
49.11 	(b) Beginning July 1, 2015, A home care provider applicant or license holder may apply 
49.12 	to the commissioner of health for a home and community-based services designation for 
49.13 	the provision of basic support services identified under section 245D.03, subdivision 1, 
49.14 	paragraph (b). The designation allows the license holder to provide basic support services 
49.15 	that would otherwise require licensure under chapter 245D, under the license holder's home 
49.16 	care license governed by sections 144A.43 to 144A.481 144A.4799.

49.17 	Sec. 60. Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision 
49.18 	to read:
49.19 		Subd. 9.Rules authorizing patient-assisted medication administration. (a) The board 
49.20 	shall adopt rules authorizing EMTs, AEMTs, and paramedics certified under section 144E.28 
49.21 	to assist a patient, in emergency situations, with administering prescription medications that 
49.22 	are:
49.23 	(1) carried by a patient;
49.24 	(2) intended to treat adrenal insufficiency or another rare but previously diagnosed 
49.25 	condition that requires emergency treatment with a previously prescribed medication;
49.26 	(3) intended to treat a specific life-threatening condition; and
49.27 	(4) administered via routes of delivery that are within the skill set of the EMT, AEMT, 
49.28 	or paramedic.
49.29 	(b) EMTs, AEMTs, and paramedics assisting a patient with medication administration 
49.30 	according to the rules adopted under this subdivision may do so only under the authority 
49.31 	of guidelines approved by the ambulance service medical director or under direct medical 
49.32 	control.

50.1 	Sec. 61. Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision 
50.2 	to read:
50.3 		Subd. 10.Rules establishing standards for communication with patients regarding 
50.4 	need for emergency medical services. The board shall adopt rules to establish guidelines 
50.5 	for ambulance services to communicate with a patient in the service area of the ambulance 
50.6 	service, and with the patient's caregivers, concerning the patient's health condition, the 
50.7 	likelihood that the patient will need emergency medical services, and how to collaboratively 
50.8 	develop emergency medical services care plans to meet the patient's needs.

50.9 	Sec. 62. Minnesota Statutes 2017 Supplement, section 144H.01, subdivision 5, is amended 
50.10 	to read:
50.11 		Subd. 5.Medically complex or technologically dependent child. "Medically complex 
50.12 	or technologically dependent child" means a child under 21 years of age who, because of 
50.13 	a medical condition, requires continuous therapeutic interventions or skilled nursing 
50.14 	supervision which must be prescribed by a licensed physician and administered by, or under 
50.15 	the direct supervision of, a licensed registered nurse.:
50.16 	(1) needs skilled assessment and intervention multiple times during a 24-hour period to 
50.17 	maintain health and prevent deterioration of health status;
50.18 	(2) has both predictable health needs and the potential for changes in condition that 
50.19 	could lead to rapid deterioration or life-threatening episodes;
50.20 	(3) requires a 24-hour plan of care, including a backup plan, to reasonably ensure health 
50.21 	and safety in the community; and
50.22 	(4) is expected to require frequent or continuous care in a hospital without the provision 
50.23 	of services in the child's home or a community setting.

50.24 	Sec. 63. Minnesota Statutes 2017 Supplement, section 144H.04, subdivision 1, is amended 
50.25 	to read:
50.26 		Subdivision 1.Licenses. (a) A person seeking licensure for a PPEC center must submit 
50.27 	a completed application for licensure to the commissioner, in a form and manner determined 
50.28 	by the commissioner. The applicant must also submit the application fee, in the amount 
50.29 	specified in section 144H.05, subdivision 1. Effective For the period January 1, 2019, 
50.30 	through December 31, 2020, the commissioner shall issue licenses for no more than two 
50.31 	PPEC centers according to the requirements in the phase-in of licensure of prescribed 
50.32 	pediatric extended care centers in section 92. Beginning January 1, 2018 2021, the 
51.1 	commissioner shall issue a license for a PPEC center if the commissioner determines that 
51.2 	the applicant and center meet the requirements of this chapter and rules that apply to PPEC 
51.3 	centers. A license issued under this subdivision is valid for two years.
51.4 	(b) The commissioner may limit issuance of PPEC center licenses to PPEC centers 
51.5 	located in areas of the state with a demonstrated home care worker shortage.

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

51.7 	Sec. 64. Minnesota Statutes 2017 Supplement, section 144H.06, is amended to read:
51.8 	144H.06 APPLICATION OF RULES FOR HOSPICE SERVICES AND 
51.9 	RESIDENTIAL HOSPICE FACILITIES.
51.10 	Minnesota Rules, chapter 4664, shall apply to PPEC centers licensed under this chapter, 
51.11 	except that the following parts, subparts, and items, and subitems do not apply:
51.12 	(1) Minnesota Rules, part 4664.0003, subparts 2, 6, 7, 11, 12, 13, 14, and 38;
51.13 	(2) Minnesota Rules, part 4664.0008;
51.14 	(3) Minnesota Rules, part 4664.0010, subparts 3; 4, items A, subitem (6), anditem B; 
51.15 	and 8;
51.16 	(4) Minnesota Rules, part 4664.0020, subpart 13;
51.17 	(5) Minnesota Rules, part 4664.0370, subpart 1;
51.18 	(6) Minnesota Rules, part 4664.0390, subpart 1, items A, C, and E;
51.19 	(7) Minnesota Rules, part 4664.0420;
51.20 	(8) Minnesota Rules, part 4664.0425, subparts 3, item A; 4; and 6;
51.21 	(9) Minnesota Rules, part 4664.0430, subparts 3, 4, 5, 7, 8, 9, 10, 11, and 12;
51.22 	(10) Minnesota Rules, part 4664.0490; and
51.23 	(11) Minnesota Rules, part 4664.0520.

51.24 	Sec. 65. Minnesota Statutes 2017 Supplement, section 144H.08, is amended to read:
51.25 	144H.08 ADMINISTRATION AND MANAGEMENT.
51.26 		Subdivision 1.Duties of owner Owners. (a) The owner of a PPEC center shall:
51.27 	(1) have full legal authority and responsibility for the operation of the center. A PPEC 
51.28 	center must be organized according to a written table of organization, describing the lines 
52.1 	of authority and communication to the child care level. The organizational structure must 
52.2 	be designed to ensure an integrated continuum of services for the children served.; and
52.3 	(b) The owner must (2) designate one person as a center administrator, who is responsible 
52.4 	and accountable for overall management of the center.
52.5 	(b) In order to serve as an owner of a PPEC center, an individual must have at least two 
52.6 	years of experience in the past five years (1) operating a business that provides care to 
52.7 	medically complex or technologically dependent children, or (2) managing the care of 
52.8 	medically complex or technologically dependent children.
52.9 		Subd. 2.Duties of administrator Administrators. (a) The center administrator is 
52.10 	responsible and accountable for overall management of the center. The administrator must:
52.11 	(1) designate in writing a person to be responsible for the center when the administrator 
52.12 	is absent from the center for more than 24 hours;
52.13 	(2) maintain the following written records, in a place and form and using a system that 
52.14 	allows for inspection of the records by the commissioner during normal business hours:
52.15 	(i) a daily census record, which indicates the number of children currently receiving 
52.16 	services at the center;
52.17 	(ii) a record of all accidents or unusual incidents involving any child or staff member 
52.18 	that caused, or had the potential to cause, injury or harm to a person at the center or to center 
52.19 	property;
52.20 	(iii) copies of all current agreements with providers of supportive services or contracted 
52.21 	services;
52.22 	(iv) copies of all current agreements with consultants employed by the center, 
52.23 	documentation of each consultant's visits, and written, dated reports; and
52.24 	(v) a personnel record for each employee, which must include an application for 
52.25 	employment, references, employment history for the preceding five years, and copies of all 
52.26 	performance evaluations;
52.27 	(3) develop and maintain a current job description for each employee;
52.28 	(4) provide necessary qualified personnel and ancillary services to ensure the health, 
52.29 	safety, and proper care for each child; and
52.30 	(5) develop and implement infection control policies that comply with rules adopted by 
52.31 	the commissioner regarding infection control.
53.1 	(b) In order to serve as an administrator of a PPEC center, an individual must have at 
53.2 	least two years of experience in the past five years caring for or managing the care of 
53.3 	medically complex or technologically dependent children.

53.4 	Sec. 66. Minnesota Statutes 2016, section 145.56, subdivision 2, is amended to read:
53.5 		Subd. 2.Community-based programs. To the extent funds are appropriated for the 
53.6 	purposes of this subdivision, the commissioner shall establish a grant program to fund:
53.7 	(1) community-based programs to provide education, outreach, and advocacy services 
53.8 	to populations who may be at risk for suicide;
53.9 	(2) community-based programs that educate community helpers and gatekeepers, such 
53.10 	as family members, spiritual leaders, coaches, and business owners, employers, and 
53.11 	coworkers on how to prevent suicide by encouraging help-seeking behaviors;
53.12 	(3) community-based programs that educate populations at risk for suicide and community 
53.13 	helpers and gatekeepers that must include information on the symptoms of depression and 
53.14 	other psychiatric illnesses, the warning signs of suicide, skills for preventing suicides, and 
53.15 	making or seeking effective referrals to intervention and community resources;
53.16 	(4) community-based programs to provide evidence-based suicide prevention and 
53.17 	intervention education to school staff, parents, and students in grades kindergarten through 
53.18 	12, and for students attending Minnesota colleges and universities;
53.19 	(5) community-based programs to provide evidence-based suicide prevention and 
53.20 	intervention to public school nurses, teachers, administrators, coaches, school social workers, 
53.21 	peace officers, firefighters, emergency medical technicians, advanced emergency medical 
53.22 	technicians, paramedics, primary care providers, and others; and
53.23 	(6) community-based, evidence-based postvention training to mental health professionals 
53.24 	and practitioners in order to provide technical assistance to communities after a suicide and 
53.25 	to prevent suicide clusters and contagion; and
53.26 	(7) a nonprofit organization to provide crisis telephone counseling services across the 
53.27 	state to people in suicidal crisis or emotional distress, 24 hours a day, seven days a week, 
53.28 	365 days a year.

53.29 	Sec. 67. Minnesota Statutes 2016, section 145.928, subdivision 1, is amended to read:
53.30 		Subdivision 1.Goal; establishment. It is the goal of the state, by 2010, to decrease by 
53.31 	50 percent the disparities in infant mortality rates and adult and child immunization rates 
54.1 	for American Indians and populations of color, as compared with rates for whites. To do 
54.2 	so and to achieve other measurable outcomes, the commissioner of health shall establish a 
54.3 	program to close the gap in the health status of American Indians and populations of color 
54.4 	as compared with whites in the following priority areas: infant mortality, access to and 
54.5 	utilization of high-quality prenatal care, breast and cervical cancer screening, HIV/AIDS 
54.6 	and sexually transmitted infections, adult and child immunizations, cardiovascular disease, 
54.7 	diabetes, and accidental injuries and violence.

54.8 	Sec. 68. Minnesota Statutes 2016, section 145.928, subdivision 7, is amended to read:
54.9 		Subd. 7.Community grant program; immunization rates, prenatal care access and 
54.10 	utilization, and infant mortality rates. (a) The commissioner shall award grants to eligible 
54.11 	applicants for local or regional projects and initiatives directed at reducing health disparities 
54.12 	in one or both more of the following priority areas:
54.13 	(1) decreasing racial and ethnic disparities in infant mortality rates; or
54.14 	(2) decreasing racial and ethnic disparities in access to and utilization of high-quality 
54.15 	prenatal care; or
54.16 	(2) (3) increasing adult and child immunization rates in nonwhite racial and ethnic 
54.17 	populations.
54.18 	(b) The commissioner may award up to 20 percent of the funds available as planning 
54.19 	grants. Planning grants must be used to address such areas as community assessment, 
54.20 	coordination activities, and development of community supported strategies.
54.21 	(c) Eligible applicants may include, but are not limited to, faith-based organizations, 
54.22 	social service organizations, community nonprofit organizations, community health boards, 
54.23 	tribal governments, and community clinics. Applicants must submit proposals to the 
54.24 	commissioner. A proposal must specify the strategies to be implemented to address one or 
54.25 	both more of the priority areas listed in paragraph (a) and must be targeted to achieve the 
54.26 	outcomes established according to subdivision 3.
54.27 	(d) The commissioner shall give priority to applicants who demonstrate that their 
54.28 	proposed project or initiative:
54.29 	(1) is supported by the community the applicant will serve;
54.30 	(2) is research-based or based on promising strategies;
54.31 	(3) is designed to complement other related community activities;
54.32 	(4) utilizes strategies that positively impact both two or more priority areas;
55.1 	(5) reflects racially and ethnically appropriate approaches; and
55.2 	(6) will be implemented through or with community-based organizations that reflect the 
55.3 	race or ethnicity of the population to be reached.

55.4 	Sec. 69. Minnesota Statutes 2016, section 146B.03, is amended by adding a subdivision 
55.5 	to read:
55.6 		Subd. 7a.Supervisors. (a) A technician must have been licensed in Minnesota or in a 
55.7 	jurisdiction with which Minnesota has reciprocity for at least:
55.8 	(1) two years as a tattoo technician in order to supervise a temporary tattoo technician; 
55.9 	or
55.10 	(2) one year as a body piercing technician in order to supervise a temporary body piercing 
55.11 	technician.
55.12 	(b) Any technician who agrees to supervise more than two temporary tattoo technicians 
55.13 	during the same time period, or more than four body piercing technicians during the same 
55.14 	time period, must provide to the commissioner a supervisory plan that describes how the 
55.15 	technician will provide supervision to each temporary technician in accordance with section 
55.16 	146B.01, subdivision 28.
55.17 	(c) The commissioner may refuse to approve as a supervisor a technician who has been 
55.18 	disciplined in Minnesota or in another jurisdiction after considering the criteria in section 
55.19 	146B.02, subdivision 10, paragraph (b).

55.20 	Sec. 70. Minnesota Statutes 2016, section 147A.08, is amended to read:
55.21 	147A.08 EXEMPTIONS.
55.22 	(a) This chapter does not apply to, control, prevent, or restrict the practice, service, or 
55.23 	activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons 
55.24 	regulated under section 214.01, subdivision 2, or persons defined in section 144.1501, 
55.25 	subdivision 1, paragraphs (i), (k), and (j), (l), and (m).
55.26 	(b) Nothing in this chapter shall be construed to require licensure of:
55.27 	(1) a physician assistant student enrolled in a physician assistant educational program 
55.28 	accredited by the Accreditation Review Commission on Education for the Physician Assistant 
55.29 	or by its successor agency approved by the board;
55.30 	(2) a physician assistant employed in the service of the federal government while 
55.31 	performing duties incident to that employment; or
56.1 	(3) technicians, other assistants, or employees of physicians who perform delegated 
56.2 	tasks in the office of a physician but who do not identify themselves as a physician assistant.

56.3 	Sec. 71. Minnesota Statutes 2016, section 148.512, subdivision 17a, is amended to read:
56.4 		Subd. 17a.Speech-language pathology assistant. "Speech-language pathology assistant" 
56.5 	means a person who provides speech-language pathology services under the supervision of 
56.6 	a licensed speech-language pathologist in accordance with section 148.5192 practices 
56.7 	speech-language pathology assisting, meets the requirements under section 148.5185 or 
56.8 	148.5186, and is licensed by the commissioner.

56.9 	EFFECTIVE DATE. This section is effective January 1, 2019.

56.10 	Sec. 72. Minnesota Statutes 2016, section 148.513, subdivision 1, is amended to read:
56.11 		Subdivision 1.Unlicensed practice prohibited. A person must not engage in the practice 
56.12 	of speech-language pathology or, audiology, or speech-language pathology assisting unless 
56.13 	the person is licensed as a speech-language pathologist or, an audiologist, or a 
56.14 	speech-language pathology assistant under sections 148.511 to 148.5198or is practicing as 
56.15 	a speech-language pathology assistant in accordance with section 148.5192. For purposes 
56.16 	of this subdivision, a speech-language pathology assistant's duties are limited to the duties 
56.17 	described in accordance with section 148.5192, subdivision 2.

56.18 	EFFECTIVE DATE. This section is effective January 1, 2019.

56.19 	Sec. 73. Minnesota Statutes 2016, section 148.513, subdivision 2, is amended to read:
56.20 		Subd. 2.Protected titles and restrictions on use; speech-language pathologists and 
56.21 	audiologists. (a) Notwithstanding paragraph (b) Except as provided in subdivision 2b, the 
56.22 	use of the following terms or initials which represent the following terms, alone or in 
56.23 	combination with any word or words, by any person to form an occupational title is prohibited 
56.24 	unless that person is licensed as a speech-language pathologist or audiologist under sections 
56.25 	148.511 to 148.5198:
56.26 	(1) speech-language;
56.27 	(2) speech-language pathologist, S, SP, or SLP;
56.28 	(3) speech pathologist;
56.29 	(4) language pathologist;
56.30 	(5) audiologist, A, or AUD;
57.1 	(6) speech therapist;
57.2 	(7) speech clinician;
57.3 	(8) speech correctionist;
57.4 	(9) language therapist;
57.5 	(10) voice therapist;
57.6 	(11) voice pathologist;
57.7 	(12) logopedist;
57.8 	(13) communicologist;
57.9 	(14) aphasiologist;
57.10 	(15) phoniatrist;
57.11 	(16) audiometrist;
57.12 	(17) audioprosthologist;
57.13 	(18) hearing therapist;
57.14 	(19) hearing clinician; or
57.15 	(20) hearing aid audiologist.
57.16 	Use of the term "Minnesota licensed" in conjunction with the titles protected under this 
57.17 	paragraph subdivision by any person is prohibited unless that person is licensed as a 
57.18 	speech-language pathologist or audiologist under sections 148.511 to 148.5198.
57.19 	(b) A speech-language pathology assistant practicing under section 148.5192 must not 
57.20 	represent, indicate, or imply to the public that the assistant is a licensed speech-language 
57.21 	pathologist and shall only utilize one of the following titles: "speech-language pathology 
57.22 	assistant," "SLP assistant," or "SLP asst."

57.23 	EFFECTIVE DATE. This section is effective January 1, 2019.

57.24 	Sec. 74. Minnesota Statutes 2016, section 148.513, is amended by adding a subdivision 
57.25 	to read:
57.26 		Subd. 2b.Protected titles and restrictions on use; speech-language pathology 
57.27 	assistants.  (a) Use of the following titles is prohibited, unless that person is licensed under 
57.28 	section 148.5185 or 148.5186: "speech-language pathology assistant," "SLP assistant," or 
57.29 	"SLP asst."
58.1 	(b) A speech-language pathology assistant licensed under section 148.5185 or 148.5186 
58.2 	must not represent, indicate, or imply to the public that the assistant is a licensed 
58.3 	speech-language pathologist and shall only utilize one of the following titles: 
58.4 	"speech-language pathology assistant," "SLP assistant," or "SLP asst." A speech-language 
58.5 	pathology assistant licensed under section 148.5185 or 148.5186 may use the term "licensed" 
58.6 	or "Minnesota licensed" in connection with a title listed in this paragraph. Use of the term 
58.7 	"Minnesota licensed" in conjunction with any of the titles protected under paragraph (a) by 
58.8 	any person is prohibited unless that person is licensed under section 148.5185 or 148.5186.

58.9 	EFFECTIVE DATE. This section is effective January 1, 2019.

58.10 	Sec. 75. Minnesota Statutes 2016, section 148.515, subdivision 1, is amended to read:
58.11 		Subdivision 1.Applicability. Except as provided in section 148.516 or 148.517, an 
58.12 	applicant for licensure as a speech-language pathologist or audiologist must meet the 
58.13 	requirements in this section.

58.14 	EFFECTIVE DATE. This section is effective January 1, 2019.

58.15 	Sec. 76. Minnesota Statutes 2016, section 148.516, is amended to read:
58.16 	148.516 LICENSURE BY EQUIVALENCY.
58.17 	An applicant who applies for licensure by equivalency as a speech-language pathologist 
58.18 	or audiologist must show evidence of possessing a current certificate of clinical competence 
58.19 	issued by the American Speech-Language-Hearing Association or board certification by 
58.20 	the American Board of Audiology and must meet the requirements of section 148.514.

58.21 	EFFECTIVE DATE. This section is effective January 1, 2019.

58.22 	Sec. 77. [148.5185] RESTRICTED LICENSURE; SPEECH-LANGUAGE 
58.23 	PATHOLOGY ASSISTANTS.
58.24 		Subdivision 1.Qualifications for a restricted license. To be eligible for restricted 
58.25 	licensure as a speech-language pathology assistant, an applicant must satisfy the requirements 
58.26 	in subdivision 2, 3, or 4.
58.27 		Subd. 2.Person practicing as a speech-language pathology assistant before January 
58.28 	1, 2019. (a) A person who is practicing as a speech-language pathology assistant before 
58.29 	January 1, 2019, and who does not meet the qualifications for a license under section 
58.30 	148.5186 may apply for a restricted speech-language pathology assistant license from the 
58.31 	commissioner. An applicant under this paragraph must submit to the commissioner:
59.1 	(1) proof of current employment as a speech-language pathology assistant; and
59.2 	(2) a signed affidavit affirming supervision, from the licensed speech-language pathologist 
59.3 	currently supervising the applicant.
59.4 	(b) In order to be licensed as a speech-language pathology assistant under section 
59.5 	148.5186, a licensee with a restricted license under this subdivision must obtain an associate 
59.6 	degree from a speech-language pathology assistant program that is accredited by the Higher 
59.7 	Learning Commission of the North Central Association of Colleges or its equivalent, as 
59.8 	approved by the commissioner, and that includes (1) coursework on an introduction to 
59.9 	communication disorders, phonetics, language development, articulation disorders, language 
59.10 	disorders, anatomy of speech/language hearing, stuttering, adult communication disorders, 
59.11 	and clinical documentations and materials management; and (2) at least 100 hours of 
59.12 	supervised field work experience in speech-language pathology assisting. Upon completion 
59.13 	of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted 
59.14 	license under this subdivision is eligible to apply for licensure under section 148.5186.
59.15 		Subd. 3.Person with a bachelor's degree in communication sciences or disorders 
59.16 	and practicing as a speech-language pathology assistant before January 1, 2019. (a) A 
59.17 	person with a bachelor's degree in the discipline of communication sciences or disorders 
59.18 	and who is practicing as a speech-language pathology assistant before January 1, 2019, but 
59.19 	who does not meet the qualifications for a license under section 148.5186, may apply for a 
59.20 	restricted speech-language pathology assistant license from the commissioner. An applicant 
59.21 	under this paragraph must submit to the commissioner:
59.22 	(1) a transcript from an educational institution documenting satisfactory completion of 
59.23 	a bachelor's degree in the discipline of communication sciences or disorders;
59.24 	(2) proof of current employment as a speech-language pathology assistant; and
59.25 	(3) a signed affidavit affirming supervision, from the licensed speech-language pathologist 
59.26 	currently supervising the applicant.
59.27 	(b) In order to be licensed as a speech-language pathology assistant under section 
59.28 	148.5186, a licensee with a restricted license under this subdivision must complete (1) 
59.29 	coursework from a speech-language pathology assistant program in articulation disorders, 
59.30 	language disorders, adult communication disorders, and stuttering; and (2) at least 100 hours 
59.31 	of supervised field work experience in speech-language pathology assisting. Upon completion 
59.32 	of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted 
59.33 	license under this subdivision is eligible to apply for licensure under section 148.5186.
60.1 		Subd. 4.Person with an associate degree from a program that does not meet 
60.2 	requirements in section 148.5186. (a) A person with an associate degree from a 
60.3 	speech-language pathology assistant program that does not meet the requirements in section 
60.4 	148.5186, subdivision 1, clause (1), may apply for a restricted speech-language pathology 
60.5 	assistant license from the commissioner. An applicant under this paragraph must submit to 
60.6 	the commissioner a transcript from an educational institution documenting satisfactory 
60.7 	completion of an associate degree from a speech-language pathology assistant program. If 
60.8 	the commissioner determines that the applicant's speech-language pathology assistant 
60.9 	program does not include coursework or supervised field work experience that is equivalent 
60.10 	to a program under section 148.5186, subdivision 1, clause (1), the commissioner may issue 
60.11 	a restricted license to the applicant.
60.12 	(b) In order to be licensed as a speech-language pathology assistant under section 
60.13 	148.5186, a licensee with a restricted license under this subdivision must complete any 
60.14 	missing coursework or supervised field work experience, as determined by the commissioner, 
60.15 	in a speech-language pathology assisting program. Upon completion of the requirements 
60.16 	in this paragraph prior to January 1, 2025, a licensee with a restricted license under this 
60.17 	subdivision is eligible to apply for licensure under section 148.5186.
60.18 		Subd. 5.Additional requirements; restricted license. (a) A restricted license issued 
60.19 	under subdivision 2, 3, or 4 may be renewed biennially until January 1, 2025.
60.20 	(b) A licensee with a restricted license under subdivision 2 or 3 may only practice 
60.21 	speech-language pathology assisting for the employer with whom the licensee was employed 
60.22 	when the licensee applied for licensure.
60.23 		Subd. 6.Continuing education. In order to renew a restricted license, a licensee must 
60.24 	comply with the continuing education requirements in section 148.5193, subdivision 1a.
60.25 		Subd. 7.Scope of practice. Scope of practice for a speech-language pathology assistant 
60.26 	licensed under this section is governed by section 148.5192, subdivision 2.

60.27 	EFFECTIVE DATE. This section is effective January 1, 2019.

60.28 	Sec. 78. [148.5186] LICENSURE; SPEECH-LANGUAGE PATHOLOGY 
60.29 	ASSISTANTS.
60.30 		Subdivision 1.Requirements for licensure. To be eligible for licensure as a 
60.31 	speech-language pathology assistant, an applicant must submit to the commissioner a 
60.32 	transcript from an educational institution documenting satisfactory completion of either:
61.1 	(1) an associate degree from a speech-language pathology assistant program that is 
61.2 	accredited by the Higher Learning Commission of the North Central Association of Colleges 
61.3 	or its equivalent as approved by the commissioner, which includes at least 100 hours of 
61.4 	supervised field work experience in speech-language pathology assisting; or
61.5 	(2) a bachelor's degree in the discipline of communication sciences or disorders and a 
61.6 	speech-language pathology assistant certificate program that includes (i) coursework in an 
61.7 	introduction to speech-language pathology assisting, stuttering, articulation disorders, and 
61.8 	language disorders; and (ii) at least 100 hours of supervised field work experience in 
61.9 	speech-language pathology assisting.
61.10 		Subd. 2.Licensure by equivalency. An applicant who applies for licensure by 
61.11 	equivalency as a speech-language pathology assistant must provide evidence to the 
61.12 	commissioner of satisfying the requirements in subdivision 1.
61.13 		Subd. 3.Scope of practice. Scope of practice for a speech-language pathology assistant 
61.14 	licensed under this section is governed by section 148.5192, subdivision 2.

61.15 	EFFECTIVE DATE. This section is effective January 1, 2019.

61.16 	Sec. 79. Minnesota Statutes 2017 Supplement, section 148.519, subdivision 1, is amended 
61.17 	to read:
61.18 		Subdivision 1.Applications for licensure; speech-language pathologists and 
61.19 	audiologists. (a) An applicant for licensure as a speech-language pathologist or audiologist 
61.20 	must:
61.21 	(1) submit a completed application for licensure on forms provided by the commissioner. 
61.22 	The application must include the applicant's name, certification number under chapter 153A, 
61.23 	if applicable, business address and telephone number, or home address and telephone number 
61.24 	if the applicant practices speech-language pathology or audiology out of the home, and a 
61.25 	description of the applicant's education, training, and experience, including previous work 
61.26 	history for the five years immediately preceding the date of application. The commissioner 
61.27 	may ask the applicant to provide additional information necessary to clarify information 
61.28 	submitted in the application; and
61.29 	(2) submit documentation of the certificate of clinical competence issued by the American 
61.30 	Speech-Language-Hearing Association, board certification by the American Board of 
61.31 	Audiology, or satisfy the following requirements:
61.32 	(i) submit a transcript showing the completion of a master's or doctoral degree or its 
61.33 	equivalent meeting the requirements of section 148.515, subdivision 2;
62.1 	(ii) submit documentation of the required hours of supervised clinical training;
62.2 	(iii) submit documentation of the postgraduate clinical or doctoral clinical experience 
62.3 	meeting the requirements of section 148.515, subdivision 4; and
62.4 	(iv) submit documentation of receiving a qualifying score on an examination meeting 
62.5 	the requirements of section 148.515, subdivision 6.
62.6 	(b) In addition, an applicant must:
62.7 	(1) sign a statement that the information in the application is true and correct to the best 
62.8 	of the applicant's knowledge and belief;
62.9 	(2) submit with the application all fees required by section 148.5194;
62.10 	(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records 
62.11 	in this or any other state in which the applicant has engaged in the practice of speech-language 
62.12 	pathology or audiology; and
62.13 	(4) consent to a fingerprint-based criminal history background check as required under 
62.14 	section 144.0572, pay all required fees, and cooperate with all requests for information. An 
62.15 	applicant must complete a new criminal history background check if more than one year 
62.16 	has elapsed since the applicant last applied for a license.

62.17 	EFFECTIVE DATE. This section is effective January 1, 2019.

62.18 	Sec. 80. Minnesota Statutes 2016, section 148.519, is amended by adding a subdivision 
62.19 	to read:
62.20 		Subd. 1a.Applications for licensure; speech-language pathology assistants. An 
62.21 	applicant for licensure as a speech-language pathology assistant must submit to the 
62.22 	commissioner:
62.23 	(1) a completed application on forms provided by the commissioner. The application 
62.24 	must include the applicant's name, business address and telephone number, home address 
62.25 	and telephone number, and a description of the applicant's education, training, and experience, 
62.26 	including previous work history for the five years immediately preceding the application 
62.27 	date. The commissioner may ask the applicant to provide additional information needed to 
62.28 	clarify information submitted in the application;
62.29 	(2) documentation that the applicant satisfied one of the qualifications listed in section 
62.30 	148.5185 or 148.5186;
63.1 	(3) a signed statement that the information in the application is true and correct to the 
63.2 	best of the applicant's knowledge and belief;
63.3 	(4) all fees required under section 148.5194; and
63.4 	(5) a signed waiver authorizing the commissioner to obtain access to the applicant's 
63.5 	records in this or any other state in which the applicant has worked as a speech-language 
63.6 	pathology assistant.

63.7 	EFFECTIVE DATE. This section is effective January 1, 2019.

63.8 	Sec. 81. Minnesota Statutes 2016, section 148.5192, subdivision 1, is amended to read:
63.9 		Subdivision 1.Delegation requirements. A licensed speech-language pathologist may 
63.10 	delegate duties to a speech-language pathology assistant in accordance with this section. 
63.11 	Duties may only be delegated to an individual who has documented with a transcript from 
63.12 	an educational institution satisfactory completion of either:
63.13 	(1) an associate degree from a speech-language pathology assistant program that is 
63.14 	accredited by the Higher Learning Commission of the North Central Association of Colleges 
63.15 	or its equivalent as approved by the commissioner; or
63.16 	(2) a bachelor's degree in the discipline of communication sciences or disorders with 
63.17 	additional transcript credit in the area of instruction in assistant-level service delivery 
63.18 	practices and completion of at least 100 hours of supervised field work experience as a 
63.19 	speech-language pathology assistant student is licensed under section 148.5185 or 148.5186.

63.20 	EFFECTIVE DATE. This section is effective January 1, 2019.

63.21 	Sec. 82. Minnesota Statutes 2017 Supplement, section 148.5193, subdivision 1, is amended 
63.22 	to read:
63.23 		Subdivision 1.Number of contact hours required. (a) An applicant for licensure 
63.24 	renewal as a speech-language pathologist or audiologist must meet the requirements for 
63.25 	continuing education stipulated by the American Speech-Language-Hearing Association 
63.26 	or the American Board of Audiology, or satisfy the requirements described in paragraphs 
63.27 	(b) to (e).
63.28 	(b) Within one month following expiration of a license, an applicant for licensure renewal 
63.29 	as either a speech-language pathologist or an audiologist must provide evidence to the 
63.30 	commissioner of a minimum of 30 contact hours of continuing education obtained within 
63.31 	the two years immediately preceding licensure expiration. A minimum of 20 contact hours 
64.1 	of continuing education must be directly related to the licensee's area of licensure. Ten 
64.2 	contact hours of continuing education may be in areas generally related to the licensee's 
64.3 	area of licensure. Licensees who are issued licenses for a period of less than two years shall 
64.4 	prorate the number of contact hours required for licensure renewal based on the number of 
64.5 	months licensed during the biennial licensure period. Licensees shall receive contact hours 
64.6 	for continuing education activities only for the biennial licensure period in which the 
64.7 	continuing education activity was performed.
64.8 	(c) An applicant for licensure renewal as both a speech-language pathologist and an 
64.9 	audiologist must attest to and document completion of a minimum of 36 contact hours of 
64.10 	continuing education offered by a continuing education sponsor within the two years 
64.11 	immediately preceding licensure renewal. A minimum of 15 contact hours must be received 
64.12 	in the area of speech-language pathology and a minimum of 15 contact hours must be 
64.13 	received in the area of audiology. Six contact hours of continuing education may be in areas 
64.14 	generally related to the licensee's areas of licensure. Licensees who are issued licenses for 
64.15 	a period of less than two years shall prorate the number of contact hours required for licensure 
64.16 	renewal based on the number of months licensed during the biennial licensure period. 
64.17 	Licensees shall receive contact hours for continuing education activities only for the biennial 
64.18 	licensure period in which the continuing education activity was performed.
64.19 	(d) If the licensee is licensed by the Professional Educator Licensing and Standards 
64.20 	Board:
64.21 	(1) activities that are approved in the categories of Minnesota Rules, part 8710.7200, 
64.22 	subpart 3, items A and B, and that relate to speech-language pathology, shall be considered:
64.23 	(i) offered by a sponsor of continuing education; and
64.24 	(ii) directly related to speech-language pathology;
64.25 	(2) activities that are approved in the categories of Minnesota Rules, part 8710.7200, 
64.26 	subpart 3, shall be considered:
64.27 	(i) offered by a sponsor of continuing education; and
64.28 	(ii) generally related to speech-language pathology; and
64.29 	(3) one clock hour as defined in Minnesota Rules, part 8710.7200, subpart 1, is equivalent 
64.30 	to 1.0 contact hours of continuing education.
64.31 	(e) Contact hours may not be accumulated in advance and transferred to a future 
64.32 	continuing education period.

65.1 	EFFECTIVE DATE. This section is effective January 1, 2019.

65.2 	Sec. 83. Minnesota Statutes 2016, section 148.5193, is amended by adding a subdivision 
65.3 	to read:
65.4 		Subd. 1a.Continuing education; speech-language pathology assistants. An applicant 
65.5 	for licensure renewal as a speech-language pathology assistant must meet the requirements 
65.6 	for continuing education established by the commissioner.

65.7 	EFFECTIVE DATE. This section is effective January 1, 2019.

65.8 	Sec. 84. Minnesota Statutes 2016, section 148.5194, is amended by adding a subdivision 
65.9 	to read:
65.10 		Subd. 3b.Speech-language pathology assistant initial licensure and renewal fees.
 65.11 	The fee for initial speech-language pathology assistant licensure under section 148.5185 or 
65.12 	148.5186 is $130. The fee for licensure renewal is $120.

65.13 	EFFECTIVE DATE. This section is effective January 1, 2019.

65.14 	Sec. 85. Minnesota Statutes 2016, section 148.5194, subdivision 8, is amended to read:
65.15 		Subd. 8.Penalty fees. (a) The penalty fee for practicing speech-language pathology or 
65.16 	audiology or using protected titles without a current license after the credential has expired 
65.17 	and before it is renewed is the amount of the license renewal fee for any part of the first 
65.18 	month, plus the license renewal fee for any part of any subsequent month up to 36 months.
65.19 	The penalty fee for a speech-language pathology assistant who practices speech-language 
65.20 	pathology assisting or uses protected titles without a current license after a license has 
65.21 	expired and before it is renewed is the amount of the license renewal fee for any part of the 
65.22 	first month, plus the license renewal fee for any part of any subsequent month up to 36 
65.23 	months.
65.24 	(b) The penalty fee for applicants who engage in the unauthorized practice of 
65.25 	speech-language pathology or audiology or using protected titles before being issued a 
65.26 	license is the amount of the license application fee for any part of the first month, plus the 
65.27 	license application fee for any part of any subsequent month up to 36 months. The penalty 
65.28 	fee for a speech-language pathology assistant who engages in the unauthorized practice of 
65.29 	speech-language pathology assisting or uses protected titles without being issued a license 
65.30 	is the amount of the license application fee for any part of the first month, plus the license 
65.31 	application fee for any part of any subsequent month up to 36 months. This paragraph does 
66.1 	not apply to applicants not qualifying for a license who engage in the unauthorized practice 
66.2 	of speech language pathology or audiology.
66.3 	(c) The penalty fee for practicing speech-language pathology or audiology and failing 
66.4 	to submit a continuing education report by the due date with the correct number or type of 
66.5 	hours in the correct time period is $100 plus $20 for each missing clock hour. The penalty 
66.6 	fee for a licensed speech-language pathology assistant who fails to submit a continuing 
66.7 	education report by the due date with the correct number or type of hours in the correct time 
66.8 	period is $100 plus $20 for each missing clock hour. "Missing" means not obtained between 
66.9 	the effective and expiration dates of the certificate, the one-month period following the 
66.10 	certificate expiration date, or the 30 days following notice of a penalty fee for failing to 
66.11 	report all continuing education hours. The licensee must obtain the missing number of 
66.12 	continuing education hours by the next reporting due date.
66.13 	(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for 
66.14 	conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty 
66.15 	fees. For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and 
66.16 	exceeding six months, payment of a penalty fee does not preclude any disciplinary action 
66.17 	reasonably justified by the individual case.

66.18 	EFFECTIVE DATE. This section is effective January 1, 2019.

66.19 	Sec. 86. Minnesota Statutes 2016, section 148.5195, subdivision 3, is amended to read:
66.20 		Subd. 3.Grounds for disciplinary action by commissioner. The commissioner may 
66.21 	take any of the disciplinary actions listed in subdivision 4 on proof that the individual has:
66.22 	(1) intentionally submitted false or misleading information to the commissioner or the 
66.23 	advisory council;
66.24 	(2) failed, within 30 days, to provide information in response to a written request by the 
66.25 	commissioner or advisory council;
66.26 	(3) performed services of a speech-language pathologist or, audiologist, or 
66.27 	speech-language pathology assistant in an incompetent or negligent manner;
66.28 	(4) violated sections 148.511 to 148.5198;
66.29 	(5) failed to perform services with reasonable judgment, skill, or safety due to the use 
66.30 	of alcohol or drugs, or other physical or mental impairment;
66.31 	(6) violated any state or federal law, rule, or regulation, and the violation is a felony or 
66.32 	misdemeanor, an essential element of which is dishonesty, or which relates directly or 
67.1 	indirectly to the practice of speech-language pathology or, audiology, or speech-language 
67.2 	pathology assisting. Conviction for violating any state or federal law which relates to 
67.3 	speech-language pathology or, audiology, or speech-language pathology assisting is 
67.4 	necessarily considered to constitute a violation, except as provided in chapter 364;
67.5 	(7) aided or abetted another person in violating any provision of sections 148.511 to 
67.6 	148.5198;
67.7 	(8) been or is being disciplined by another jurisdiction, if any of the grounds for the 
67.8 	discipline is the same or substantially equivalent to those under sections 148.511 to 148.5198;
67.9 	(9) not cooperated with the commissioner or advisory council in an investigation 
67.10 	conducted according to subdivision 1;
67.11 	(10) advertised in a manner that is false or misleading;
67.12 	(11) engaged in conduct likely to deceive, defraud, or harm the public; or demonstrated 
67.13 	a willful or careless disregard for the health, welfare, or safety of a client;
67.14 	(12) failed to disclose to the consumer any fee splitting or any promise to pay a portion 
67.15 	of a fee to any other professional other than a fee for services rendered by the other 
67.16 	professional to the client;
67.17 	(13) engaged in abusive or fraudulent billing practices, including violations of federal 
67.18 	Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical 
67.19 	assistance laws;
67.20 	(14) obtained money, property, or services from a consumer through the use of undue 
67.21 	influence, high pressure sales tactics, harassment, duress, deception, or fraud;
67.22 	(15) performed services for a client who had no possibility of benefiting from the services;
67.23 	(16) failed to refer a client for medical evaluation or to other health care professionals 
67.24 	when appropriate or when a client indicated symptoms associated with diseases that could 
67.25 	be medically or surgically treated;
67.26 	(17) had the certification required by chapter 153A denied, suspended, or revoked 
67.27 	according to chapter 153A;
67.28 	(18) used the term doctor of audiology, doctor of speech-language pathology, AuD, or 
67.29 	SLPD without having obtained the degree from an institution accredited by the North Central 
67.30 	Association of Colleges and Secondary Schools, the Council on Academic Accreditation 
67.31 	in Audiology and Speech-Language Pathology, the United States Department of Education, 
67.32 	or an equivalent;
68.1 	(19) failed to comply with the requirements of section 148.5192 regarding supervision 
68.2 	of speech-language pathology assistants; or
68.3 	(20) if the individual is an audiologist or certified hearing instrument dispenser:
68.4 	(i) prescribed or otherwise recommended to a consumer or potential consumer the use 
68.5 	of a hearing instrument, unless the prescription from a physician or recommendation from 
68.6 	an audiologist or certified dispenser is in writing, is based on an audiogram that is delivered 
68.7 	to the consumer or potential consumer when the prescription or recommendation is made, 
68.8 	and bears the following information in all capital letters of 12-point or larger boldface type: 
68.9 	"THIS PRESCRIPTION OR RECOMMENDATION MAY BE FILLED BY, AND 
68.10 	HEARING INSTRUMENTS MAY BE PURCHASED FROM, THE LICENSED 
68.11 	AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";
68.12 	(ii) failed to give a copy of the audiogram, upon which the prescription or 
68.13 	recommendation is based, to the consumer when the consumer requests a copy;
68.14 	(iii) failed to provide the consumer rights brochure required by section 148.5197, 
68.15 	subdivision 3;
68.16 	(iv) failed to comply with restrictions on sales of hearing instruments in sections 
68.17 	148.5197, subdivision 3, and 148.5198;
68.18 	(v) failed to return a consumer's hearing instrument used as a trade-in or for a discount 
68.19 	in the price of a new hearing instrument when requested by the consumer upon cancellation 
68.20 	of the purchase agreement;
68.21 	(vi) failed to follow Food and Drug Administration or Federal Trade Commission 
68.22 	regulations relating to dispensing hearing instruments;
68.23 	(vii) failed to dispense a hearing instrument in a competent manner or without appropriate 
68.24 	training;
68.25 	(viii) delegated hearing instrument dispensing authority to a person not authorized to 
68.26 	dispense a hearing instrument under this chapter or chapter 153A;
68.27 	(ix) failed to comply with the requirements of an employer or supervisor of a hearing 
68.28 	instrument dispenser trainee;
68.29 	(x) violated a state or federal court order or judgment, including a conciliation court 
68.30 	judgment, relating to the activities of the individual's hearing instrument dispensing; or
68.31 	(xi) failed to include on the audiogram the practitioner's printed name, credential type, 
68.32 	credential number, signature, and date.

69.1 	EFFECTIVE DATE. This section is effective January 1, 2019.

69.2 	Sec. 87. Minnesota Statutes 2017 Supplement, section 148.5196, subdivision 1, is amended 
69.3 	to read:
69.4 		Subdivision 1.Membership. The commissioner shall appoint 12 13 persons to a 
69.5 	Speech-Language Pathologist and Audiologist Advisory Council. The 12 13 persons must 
69.6 	include:
69.7 	(1) three public members, as defined in section 214.02. Two of the public members shall 
69.8 	be either persons receiving services of a speech-language pathologist or audiologist, or 
69.9 	family members of or caregivers to such persons, and at least one of the public members 
69.10 	shall be either a hearing instrument user or an advocate of one;
69.11 	(2) three speech-language pathologists licensed under sections 148.511 to 148.5198, 
69.12 	one of whom is currently and has been, for the five years immediately preceding the 
69.13 	appointment, engaged in the practice of speech-language pathology in Minnesota and each 
69.14 	of whom is employed in a different employment setting including, but not limited to, private 
69.15 	practice, hospitals, rehabilitation settings, educational settings, and government agencies;
69.16 	(3) one speech-language pathologist licensed under sections 148.511 to 148.5198, who 
69.17 	is currently and has been, for the five years immediately preceding the appointment, 
69.18 	employed by a Minnesota public school district or a Minnesota public school district 
69.19 	consortium that is authorized by Minnesota Statutes and who is licensed in speech-language 
69.20 	pathology by the Professional Educator Licensing and Standards Board;
69.21 	(4) three audiologists licensed under sections 148.511 to 148.5198, two of whom are 
69.22 	currently and have been, for the five years immediately preceding the appointment, engaged 
69.23 	in the practice of audiology and the dispensing of hearing instruments in Minnesota and 
69.24 	each of whom is employed in a different employment setting including, but not limited to, 
69.25 	private practice, hospitals, rehabilitation settings, educational settings, industry, and 
69.26 	government agencies;
69.27 	(5) one nonaudiologist hearing instrument dispenser recommended by a professional 
69.28 	association representing hearing instrument dispensers; and
69.29 	(6) one physician licensed under chapter 147 and certified by the American Board of 
69.30 	Otolaryngology, Head and Neck Surgery; and
69.31 	(7) one speech-language pathology assistant licensed under section 148.5186.

69.32 	EFFECTIVE DATE. This section is effective January 1, 2019.

70.1 	Sec. 88. Minnesota Statutes 2016, section 148.5196, subdivision 3, is amended to read:
70.2 		Subd. 3.Duties. The advisory council shall:
70.3 	(1) advise the commissioner regarding speech-language pathologist and, audiologist, 
70.4 	and speech-language pathology assistant licensure standards;
70.5 	(2) advise the commissioner regarding the delegation of duties to and the training required 
70.6 	for speech-language pathology assistants;
70.7 	(3) advise the commissioner on enforcement of sections 148.511 to 148.5198;
70.8 	(4) provide for distribution of information regarding speech-language pathologist and,
70.9 	audiologist, and speech-language pathology assistant licensure standards;
70.10 	(5) review applications and make recommendations to the commissioner on granting or 
70.11 	denying licensure or licensure renewal;
70.12 	(6) review reports of investigations relating to individuals and make recommendations 
70.13 	to the commissioner as to whether licensure should be denied or disciplinary action taken 
70.14 	against the individual;
70.15 	(7) advise the commissioner regarding approval of continuing education activities 
70.16 	provided by sponsors using the criteria in section 148.5193, subdivision 2; and
70.17 	(8) perform other duties authorized for advisory councils under chapter 214, or as directed 
70.18 	by the commissioner.

70.19 	EFFECTIVE DATE. This section is effective January 1, 2019.

70.20 	Sec. 89. Minnesota Statutes 2016, section 148.995, subdivision 2, is amended to read:
70.21 		Subd. 2.Certified doula. "Certified doula" means an individual who has received a 
70.22 	certification to perform doula services from the International Childbirth Education 
70.23 	Association, the Doulas of North America (DONA), the Association of Labor Assistants 
70.24 	and Childbirth Educators (ALACE), Birthworks, the Childbirth and Postpartum Professional 
70.25 	Association (CAPPA), Childbirth International, the International Center for Traditional 
70.26 	Childbearing, or Commonsense Childbirth, Inc., or Welcome Baby Care.

70.27 	Sec. 90. Minnesota Statutes 2016, section 149A.40, subdivision 11, is amended to read:
70.28 		Subd. 11.Continuing education. The commissioner shall require 15 continuing education 
70.29 	hours for renewal of a license to practice mortuary science. Nine of the hours must be in 
70.30 	the following areas: body preparation, care, or handling, and cremation, 3 CE hours; 
71.1 	professional practices, 3 CE hours; and regulation and ethics, 3 CE hours. Continuing 
71.2 	education hours shall be reported to the commissioner every other year based on the licensee's 
71.3 	license number. Licensees whose license ends in an odd number must report CE hours at 
71.4 	renewal time every odd year. If a licensee's license ends in an even number, the licensee 
71.5 	must report the licensee's CE hours at renewal time every even year.

71.6 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to mortuary 
71.7 	science license renewals on or after that date.

71.8 	Sec. 91. Minnesota Statutes 2016, section 149A.95, subdivision 3, is amended to read:
71.9 		Subd. 3.Unlicensed personnel. (a) A licensed crematory may employ unlicensed 
71.10 	personnel, provided that all applicable provisions of this chapter are followed. It is the duty 
71.11 	of the licensed crematory to provide proper training for to all unlicensed personnel and 
71.12 	ensure that unlicensed personnel performing cremations are in compliance with the 
71.13 	requirements in paragraph (b). The licensed crematory shall be strictly accountable for 
71.14 	compliance with this chapter and other applicable state and federal regulations regarding 
71.15 	occupational and workplace health and safety.
71.16 	(b) Unlicensed personnel performing cremations at a licensed crematory must:
71.17 	(1) complete a certified crematory operator course that is approved by the commissioner 
71.18 	and that covers at least the following subjects:
71.19 	(i) cremation and incinerator terminology;
71.20 	(ii) combustion principles;
71.21 	(iii) maintenance of and troubleshooting for cremation devices;
71.22 	(iv) how to operate cremation devices;
71.23 	(v) identification, the use of proper forms, and the record-keeping process for 
71.24 	documenting chain of custody of human remains;
71.25 	(vi) guidelines for recycling, including but not limited to compliance, disclosure, recycling 
71.26 	procedures, and compensation;
71.27 	(vii) legal and regulatory requirements regarding environmental issues, including specific 
71.28 	environmental regulations with which compliance is required; and
71.29 	(viii) cremation ethics;
71.30 	(2) obtain a crematory operator certification;
72.1 	(3) publicly post the crematory operator certification at the licensed crematory where 
72.2 	the unlicensed personnel performs cremations; and
72.3 	(4) maintain crematory operator certification through:
72.4 	(i) recertification, if such recertification is required by the program through which the 
72.5 	unlicensed personnel is certified; or
72.6 	(ii) if recertification is not required by the program, completion of at least seven hours 
72.7 	of continuing education credits in crematory operation every five years.

72.8 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to unlicensed 
72.9 	personnel performing cremations on or after that date.

72.10 	Sec. 92. PHASE-IN OF LICENSURE OF PRESCRIBED PEDIATRIC EXTENDED 
72.11 	CARE CENTERS.
 72.12 		Subdivision 1.2019-2020 licensure period. The commissioner of health shall phase in 
72.13 	the licensure of prescribed pediatric extended care centers (PPEC centers) under Minnesota 
72.14 	Statutes, chapter 144H, by issuing licenses for no more than two PPEC centers for the 
72.15 	licensure period January 1, 2019, through December 31, 2020. Beginning January 1, 2021, 
72.16 	the commissioner shall license additional PPEC centers if the commissioner determines 
72.17 	that the applicant and the center meet the licensing requirements of Minnesota Statutes, 
72.18 	chapter 144H.
72.19 		Subd. 2.Quality measures; development and reporting. The commissioner of health, 
72.20 	in consultation with prescribed pediatric extended care centers licensed for the 2019-2020 
72.21 	licensure period, shall develop quality measures for PPEC centers, procedures for PPEC 
72.22 	centers to report quality measures to the commissioner, and methods for the commissioner 
72.23 	to make the results of the quality measures available to the public.

72.24 	Sec. 93. OLDER ADULT SOCIAL ISOLATION WORKING GROUP.
 72.25 		Subdivision 1.Establishment; members. The commissioner of health or the 
72.26 	commissioner's designee shall convene an older adult social isolation working group that 
72.27 	consists of no more than 35 members including, but not limited to:
72.28 	(1) one person diagnosed with Alzheimer's or dementia;
72.29 	(2) one caregiver of a person diagnosed with Alzheimer's or dementia;
72.30 	(3) the executive director of Giving Voice;
72.31 	(4) one representative from the Mayo Clinic Alzheimer's Disease Research Center;
73.1 	(5) one representative from AARP Minnesota;
73.2 	(6) one representative from Little Brothers-Friends of the Elderly, Minneapolis/St. Paul;
73.3 	(7) one representative from the Alzheimer's Association Minnesota-North Dakota Chapter;
73.4 	(8) one representative from the American Heart Association Minnesota Chapter;
73.5 	(9) one representative from the Minnesota HomeCare Association;
73.6 	(10) two representatives from long-term care trade associations;
73.7 	(11) one representative from the Minnesota Rural Health Association;
73.8 	(12) the commissioner of health or the commissioner's designee;
73.9 	(13) one representative from the Minnesota Board on Aging;
73.10 	(14) one representative from the Commission of Deaf, Deafblind and Hard of Hearing 
73.11 	Minnesotans;
73.12 	(15) one representative from the Minnesota Nurses Association;
73.13 	(16) one representative from the Minnesota Council of Churches;
73.14 	(17) one representative from the Minnesota Leadership Council on Aging;
73.15 	(18) one representative from the Minnesota Association of Senior Services;
73.16 	(19) one representative from Metro Meals on Wheels;
73.17 	(20) one rural Minnesota geriatrician or family physician;
73.18 	(21) at least two representatives from the University of Minnesota;
73.19 	(22) one representative from one of the Minnesota Area Agencies on Aging;
73.20 	(23) at least two members representing Minnesota rural communities;
73.21 	(24) additional members representing communities of color;
73.22 	(25) one representative from the National Alliance on Mental Illness; and
73.23 	(26) one representative from the Citizens League.
73.24 		Subd. 2.Duties; recommendations. The older adult social isolation working group 
73.25 	must assess the current and future impact of social isolation on the lives of Minnesotans 
73.26 	over age 55. The working group shall consider and make recommendations to the governor 
73.27 	and chairs and members of the health and human services committees in the house of 
73.28 	representatives and senate on the following issues:
74.1 	(1) the public health impact of social isolation in the older adult population of Minnesota;
74.2 	(2) identify existing Minnesota resources, services, and capacity to respond to the issue 
74.3 	of social isolation in older adults;
74.4 	(3) needed policies or community responses, including but not limited to expanding 
74.5 	current services or developing future services after identifying gaps in service for rural 
74.6 	geographical areas;
74.7 	(4) needed policies or community responses, including but not limited to the expansion 
74.8 	of culturally appropriate current services or developing future services after identifying 
74.9 	gaps in service for persons of color; and
74.10 	(5) impact of social isolation on older adults with disabilities and needed policies or 
74.11 	community responses.
74.12 		Subd. 3.Meetings. The working group must hold at least four public meetings beginning 
74.13 	August 10, 2018. To the extent possible, technology must be utilized to reach the greatest 
74.14 	number of interested persons throughout the state. The working group must complete the 
74.15 	required meeting schedule by December 10, 2018.
74.16 		Subd. 4.Report. The commissioner of health must submit a report and the working 
74.17 	group's recommendations to the governor and chairs and members of the health and human 
74.18 	services committees in the house of representatives and senate no later than January 14, 
74.19 	2019.
74.20 		Subd. 5.Sunset. The working group sunsets upon delivery of the required report to the 
74.21 	governor and legislative committees.

74.22 	Sec. 94. RULEMAKING; WELL AND BORING RECORDS.
 74.23 	(a) The commissioner of health shall amend Minnesota Rules, part 4725.1851, subpart 
74.24 	1, to require the licensee, registrant, or property owner or lessee to submit the record of well 
74.25 	or boring construction or sealing within 60 days after completion of the work, rather than 
74.26 	within 30 days after completion of the work.
74.27 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
74.28 	section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota 
74.29 	Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, 
74.30 	section 14.388.

75.1 	Sec. 95. RULEMAKING; SECURITY SCREENING SYSTEMS.
 75.2 	The commissioner of health may adopt permanent rules to implement Minnesota Statutes, 
75.3 	section 144.121, subdivision 9, by December 31, 2020. If the commissioner of health does 
75.4 	not adopt rules by December 31, 2020, rulemaking authority under this section is repealed. 
75.5 	Rulemaking authority under this section is not continuing authority to amend or repeal the 
75.6 	rule. Any additional action on rules once adopted must be pursuant to specific statutory 
75.7 	authority to take the additional action.

75.8 	Sec. 96. ADVISORY COUNCIL ON PANDAS AND PANS; INITIAL 
75.9 	APPOINTMENTS AND FIRST MEETING.
 75.10 	The appointing authorities shall appoint the first members of the advisory council on 
75.11 	PANDAS and PANS under Minnesota Statutes, section 144.131, no later than October 1, 
75.12 	2018. The commissioner of health shall convene the first meeting by November 1, 2018, 
75.13 	and the commissioner or the commissioner's designee shall act as chair until the advisory 
75.14 	council elects a chair at its first meeting. Notwithstanding the length of terms specified in 
75.15 	Minnesota Statutes, section 144.131, subdivision 3, at the first meeting of the advisory 
75.16 	council, the chair elected by the members shall determine by lot one-third of the advisory 
75.17 	council members whose terms shall expire on September 30 of the calendar year following 
75.18 	the year of first appointment, one-third of the advisory council members whose terms shall 
75.19 	expire on September 30 of the second calendar year following the year of first appointment, 
75.20 	and the remaining advisory council members whose terms shall expire on September 30 of 
75.21 	the third calendar year following the year of first appointment.

75.22 	Sec. 97. VARIANCE TO REQUIREMENT FOR SANITARY DUMPING STATION.
 75.23 	Notwithstanding any law or rule to the contrary, the commissioner of health shall provide 
75.24 	a variance to the requirement to provide a sanitary dumping station under Minnesota Rules, 
75.25 	part 4630.0900, for a resort in Hubbard County that is located on an island and is landlocked, 
75.26 	making it impractical to build a sanitary dumping station for use by recreational camping 
75.27 	vehicles and recreational camping on the resort property. There must be an alternative 
75.28 	dumping station available within a 15-mile radius of the resort or a vendor that is available 
75.29 	to pump any self-contained liquid waste system that is located on the resort property.

75.30 	Sec. 98. TRANSITION; HEALTH MAINTENANCE ORGANIZATIONS.
 75.31 	(a) Beginning January 1, 2019, the commissioner of health shall only issue new 
75.32 	certificates of authority for health maintenance organizations that are nonprofit corporations 
76.1 	organized under Minnesota Statutes, chapter 317A, or local governmental units. A certificate 
76.2 	of authority for a health maintenance organization that: (1) is not a nonprofit corporation 
76.3 	organized under Minnesota Statutes, chapter 317A, or a local governmental unit; and (2) is 
76.4 	issued before January 1, 2019, shall expire 30 days after the last date on which health 
76.5 	maintenance contracts issued by that health maintenance organization expire.
76.6 	(b) A health maintenance organization that is not a nonprofit corporation organized 
76.7 	under Minnesota Statutes, chapter 317A, or a local governmental unit shall not offer, sell, 
76.8 	issue, or renew health maintenance contracts after September 30, 2018.

76.9 	EFFECTIVE DATE. This section is effective contingent upon certification by the 
76.10 	legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied, 
76.11 	but no earlier than July 1, 2018.

76.12 	Sec. 99. ANALYSIS AND CERTIFICATION BY THE LEGISLATIVE AUDITOR.
 76.13 	The legislative auditor shall analyze how enactment of Minnesota Statutes, section 
76.14 	62D.12, subdivision 8a, and of the amendments in this article to Minnesota Statutes, sections 
76.15 	62D.02, subdivision 4; 62D.03, subdivision 1; 62D.05, subdivision 1; 62D.06, subdivision 
76.16 	1; 62D.19; and 62E.02, subdivision 3, would affect competition and the number of health 
76.17 	plan options available in the state in the individual, small group, and Medicare markets. 
76.18 	Upon completion of this analysis, the legislative auditor shall certify that either:
76.19 	(1) these amendments would result in reduced competition or fewer health plan options 
76.20 	available in the state in the individual, small group, or Medicare market; or
76.21 	(2) these amendments would not result in reduced competition or fewer health plan 
76.22 	options available in the state in the individual, small group, and Medicare markets.

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

76.24 	Sec. 100. REVISOR'S INSTRUCTIONS.
 76.25 	(a) The revisor of statutes shall change the terms "service plan or service agreement" 
76.26 	and "service agreement or service plan" to "service agreement" in the following sections of 
76.27 	Minnesota Statutes: sections 144A.442; 144D.045; 144G.03, subdivision 4, paragraph (c); 
76.28 	and 144G.04.
76.29 	(b) The revisor of statutes shall change the term "service plan" to "service agreement" 
76.30 	and the term "service plans" to "service agreements" in the following sections of Minnesota 
76.31 	Statutes: sections 144A.44; 144A.45; 144A.475; 144A.4791; 144A.4792; 144A.4793; 
76.32 	144A.4794; 144D.04; and 144G.03, subdivision 4, paragraph (a).

77.1 	Sec. 101.  REPEALER.
 77.2 	(a) Minnesota Statutes 2016, sections 144A.45, subdivision 6; and 144A.481, are repealed.
77.3 	(b) Minnesota Statutes 2017 Supplement, section 146B.02, subdivision 7a, is repealed.

77.4 	
ARTICLE 277.5 	HEALTH CARE

77.6 	Section 1. Minnesota Statutes 2017 Supplement, section 13.69, subdivision 1, is amended 
77.7 	to read:
77.8 		Subdivision 1.Classifications. (a) The following government data of the Department 
77.9 	of Public Safety are private data:
77.10 	(1) medical data on driving instructors, licensed drivers, and applicants for parking 
77.11 	certificates and special license plates issued to physically disabled persons;
77.12 	(2) other data on holders of a disability certificate under section 169.345, except that (i) 
77.13 	data that are not medical data may be released to law enforcement agencies, and (ii) data 
77.14 	necessary for enforcement of sections 169.345 and 169.346 may be released to parking 
77.15 	enforcement employees or parking enforcement agents of statutory or home rule charter 
77.16 	cities and towns;
77.17 	(3) Social Security numbers in driver's license and motor vehicle registration records, 
77.18 	except that Social Security numbers must be provided to the Department of Revenue for 
77.19 	purposes of tax administration, the Department of Labor and Industry for purposes of 
77.20 	workers' compensation administration and enforcement, the judicial branch for purposes of 
77.21 	debt collection, and the Department of Natural Resources for purposes of license application 
77.22 	administration, and except that the last four digits of the Social Security number must be 
77.23 	provided to the Department of Human Services for purposes of recovery of Minnesota health 
77.24 	care program benefits paid; and
77.25 	(4) data on persons listed as standby or temporary custodians under section 171.07, 
77.26 	subdivision 11, except that the data must be released to:
77.27 	(i) law enforcement agencies for the purpose of verifying that an individual is a designated 
77.28 	caregiver; or
77.29 	(ii) law enforcement agencies who state that the license holder is unable to communicate 
77.30 	at that time and that the information is necessary for notifying the designated caregiver of 
77.31 	the need to care for a child of the license holder.
78.1 	The department may release the Social Security number only as provided in clause (3) 
78.2 	and must not sell or otherwise provide individual Social Security numbers or lists of Social 
78.3 	Security numbers for any other purpose.
78.4 	(b) The following government data of the Department of Public Safety are confidential 
78.5 	data: data concerning an individual's driving ability when that data is received from a member 
78.6 	of the individual's family.

78.7 	EFFECTIVE DATE. This section is effective July 1, 2018.

78.8 	Sec. 2. Minnesota Statutes 2016, section 62A.30, is amended by adding a subdivision to 
78.9 	read:
78.10 		Subd. 4.Mammograms. (a) For purposes of subdivision 2, coverage for a preventive 
78.11 	mammogram screening shall include digital breast tomosynthesis for enrollees at risk for 
78.12 	breast cancer, and shall be covered as a preventive item or service, as described under section 
78.13 	62Q.46.
78.14 	(b) For purposes of this subdivision, "digital breast tomosynthesis" means a radiologic 
78.15 	procedure that involves the acquisition of projection images over the stationary breast to 
78.16 	produce cross-sectional digital three-dimensional images of the breast. "At risk for breast 
78.17 	cancer" means:
78.18 	(1) having a family history with one or more first or second degree relatives with breast 
78.19 	cancer;
78.20 	(2) testing positive for BRCA1 or BRCA2 mutations;
78.21 	(3) having heterogeneously dense breasts or extremely dense breasts based on the Breast 
78.22 	Imaging Reporting and Data System established by the American College of Radiology; or
78.23 	(4) having a previous diagnosis of breast cancer.
78.24 	(c) This subdivision does not apply to coverage provided through a public health care 
78.25 	program under chapter 256B or 256L.
78.26 	(d) Nothing in this subdivision limits the coverage of digital breast tomosynthesis in a 
78.27 	policy, plan, certificate, or contract referred to in subdivision 1 that is in effect prior to 
78.28 	January 1, 2019.
78.29 	(e) Nothing in this subdivision prohibits a policy, plan, certificate, or contract referred 
78.30 	to in subdivision 1 from covering digital breast tomosynthesis for an enrollee who is not at 
78.31 	risk for breast cancer.

79.1 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to health 
79.2 	plans issued, sold, or renewed on or after that date.

79.3 	Sec. 3. Minnesota Statutes 2016, section 62A.65, subdivision 7, is amended to read:
79.4 		Subd. 7.Short-term coverage. (a) For purposes of this section, "short-term coverage" 
79.5 	means an individual health plan that:
79.6 	(1) is issued to provide coverage for a period of 185 days or less, except that the health 
79.7 	plan may permit coverage to continue until the end of a period of hospitalization for a 
79.8 	condition for which the covered person was hospitalized on the day that coverage would 
79.9 	otherwise have ended than 12 months;
79.10 	(2) is nonrenewable, provided that the health carrier may provide coverage for one or 
79.11 	more subsequent periods that satisfy clause (1), if the total of the periods of coverage do 
79.12 	not exceed a total of 365 days out of any 555-day period, plus any additional days covered 
79.13 	as a result of hospitalization on the day that a period of coverage would otherwise have 
79.14 	ended may be renewed for only one additional period meeting the requirements of clause 
79.15 	(1); and
79.16 	(3) does not cover any preexisting conditions for the first six months of coverage, 
79.17 	including ones that originated during a previous identical policy or contract with the same 
79.18 	health carrier where coverage was continuous between the previous and the current policy 
79.19 	or contract; and.
79.20 	(4) is available with an immediate effective date without underwriting upon receipt of 
79.21 	a completed application indicating eligibility under the health carrier's eligibility 
79.22 	requirements, provided that coverage that includes optional benefits may be offered on a 
79.23 	basis that does not meet this requirement.
79.24 	(b) Short-term coverage is not subject to subdivisions 2 and 5. Short-term coverage may 
79.25 	exclude as a preexisting condition any injury, illness, or condition for which the covered 
79.26 	person had medical treatment, symptoms, or any manifestations before the effective date 
79.27 	of the coverage, but dependent children born or placed for adoption during the policy period 
79.28 	must not be subject to this provision.
79.29 	(c) Notwithstanding subdivision 3, and section 62A.021, a health carrier may combine 
79.30 	short-term coverage with its most commonly sold individual qualified plan, as defined in 
79.31 	section 62E.02, other than short-term coverage, for purposes of complying with the loss 
79.32 	ratio requirement.
80.1 	(d) The 365-day coverage limitation provided in paragraph (a) applies to the total number 
80.2 	of days of short-term coverage that covers a person, regardless of the number of policies, 
80.3 	contracts, or health carriers that provide the coverage. A written application for short-term 
80.4 	coverage must ask the applicant whether the applicant has been covered by short-term 
80.5 	coverage by any health carrier within the 555 days immediately preceding the effective date 
80.6 	of the coverage being applied for. Short-term coverage issued in violation of the 365-day 
80.7 	limitation is valid until the end of its term and does not lose its status as short-term coverage, 
80.8 	in spite of the violation. A health carrier that knowingly issues short-term coverage in 
80.9 	violation of the 365-day limitation is subject to the administrative penalties otherwise 
80.10 	available to the commissioner of commerce or the commissioner of health, as appropriate.

80.11 	Sec. 4. Minnesota Statutes 2016, section 62Q.55, subdivision 5, is amended to read:
80.12 		Subd. 5.Coverage restrictions or limitations. (a) If emergency services are provided 
80.13 	by a nonparticipating provider, with or without prior authorization, the health plan company 
80.14 	shall not impose coverage restrictions or limitations that are more restrictive than apply to 
80.15 	emergency services received from a participating provider. Cost-sharing requirements that 
80.16 	apply to emergency services received out-of-network must be the same as the cost-sharing 
80.17 	requirements that apply to services received in-network.
80.18 	(b) If emergency services are provided by a nonparticipating provider:
80.19 	(1) the nonparticipating provider shall not request payment from the enrollee in addition 
80.20 	to the applicable cost-sharing requirements authorized under paragraph (a); and
80.21 	(2) the enrollee shall be held harmless and not liable for payment to the nonparticipating 
80.22 	provider that are in addition to the applicable cost-sharing requirements under paragraph 
80.23 	(a).
80.24 	(c) A health plan company must attempt to negotiate the reimbursement, less any 
80.25 	applicable cost sharing requirements under paragraph (a), for the emergency services from 
80.26 	the nonparticipating provider. If a health plan company's and nonparticipating provider's 
80.27 	attempts to negotiate reimbursement for the emergency services do not result in a resolution, 
80.28 	the health plan company or provider may elect to refer the matter for binding arbitration. 
80.29 	The arbitrator must be chosen from the list created under section 62Q.556, subdivision 2, 
80.30 	paragraph (c). The arbitrator must consider the information described in section 62Q.556, 
80.31 	subdivision 2, paragraph (d), when reaching a decision. A nondisclosure agreement must 
80.32 	be executed by both parties prior to engaging an arbitrator in accordance with this 
80.33 	subdivision. The cost of arbitration must be shared equally between the parties.

81.1 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to emergency 
81.2 	services provided on or after that date.

81.3 	Sec. 5. [256.0113] ELIGIBILITY VERIFICATION.
81.4 		Subdivision 1.Verification required; vendor contract. (a) The commissioner shall 
81.5 	ensure that medical assistance, MinnesotaCare, and Supplemental Nutrition Assistance 
81.6 	Program (SNAP) eligibility determinations through the MNsure information technology 
81.7 	system and through other agency eligibility determination systems include the computerized 
81.8 	verification of income, residency, identity, and when applicable, assets and compliance with 
81.9 	SNAP work requirements.
81.10 	(b) The commissioner shall contract with a vendor to verify the eligibility of all persons 
81.11 	enrolled in medical assistance, MinnesotaCare, and SNAP during a specified audit period. 
81.12 	This contract shall be exempt from sections 16C.08, subdivision 2, clause (1); 16C.09, 
81.13 	paragraph (a), clause (1); 43A.047, paragraph (a), and any other law to the contrary.
81.14 	(c) The contract must require the vendor to comply with enrollee data privacy 
81.15 	requirements and to use encryption to safeguard enrollee identity. The contract must also 
81.16 	provide penalties for vendor noncompliance.
81.17 	(d) The contract must include a revenue sharing agreement, under which vendor 
81.18 	compensation is limited to a portion of any savings to the state resulting from the vendor's 
81.19 	implementation of eligibility verification initiatives under this section.
81.20 	(e) The commissioner shall use existing resources to fund any agency administrative 
81.21 	and technology-related costs incurred as a result of implementing this section.
81.22 	(f) All state savings resulting from implementation of the vendor contract under this 
81.23 	section, minus any payments to the vendor made under the terms of the revenue sharing 
81.24 	agreement, shall be deposited into the health care access fund.
81.25 		Subd. 2.Verification process; vendor duties. (a) The verification process implemented 
81.26 	by the vendor must include but is not limited to data matches of the name, date of birth, 
81.27 	address, and Social Security number of each medical assistance, MinnesotaCare, and SNAP 
81.28 	enrollee against relevant information in federal and state data sources, including the federal 
81.29 	data hub established under the Affordable Care Act. In designing the verification process, 
81.30 	the vendor, to the extent feasible, shall incorporate procedures that are compatible and 
81.31 	coordinated with, and build upon or improve, existing procedures used by the MNsure 
81.32 	information technology system and other agency eligibility determination systems.
82.1 	(b) The vendor, upon preliminary determination that an enrollee is eligible or ineligible, 
82.2 	shall notify the commissioner. Within 20 business days of notification, the commissioner 
82.3 	shall accept the preliminary determination or reject the preliminary determination with a 
82.4 	stated reason. The commissioner shall retain final authority over eligibility determinations. 
82.5 	The vendor shall keep a record of all preliminary determinations of ineligibility submitted 
82.6 	to the commissioner.
82.7 	(c) The vendor shall recommend to the commissioner an eligibility verification process 
82.8 	that allows ongoing verification of enrollee eligibility under the MNsure information 
82.9 	technology system and other agency eligibility determination systems.
82.10 	(d) The commissioner and the vendor, following the conclusion of the initial contract 
82.11 	period, shall jointly submit an eligibility verification audit report to the chairs and ranking 
82.12 	minority members of the legislative committees with jurisdiction over health and human 
82.13 	services policy and finance. The report shall include but is not limited to information in the 
82.14 	form of unidentified summary data on preliminary determinations of eligibility or ineligibility 
82.15 	communicated by the vendor, the actions taken on those preliminary determinations by the 
82.16 	commissioner, and the commissioner's reasons for rejecting preliminary determinations by 
82.17 	the vendor. The report must also include the recommendations for ongoing verification of 
82.18 	enrollee eligibility required under paragraph (c).
82.19 	(e) An eligibility verification vendor contract shall be awarded for an initial one-year 
82.20 	period, beginning January 1, 2019. The commissioner shall renew the contract for up to 
82.21 	three additional one-year periods and require additional eligibility verification audits, if the 
82.22 	commissioner or the legislative auditor determines that the MNsure information technology 
82.23 	system and other agency eligibility determination systems cannot effectively verify the 
82.24 	eligibility of medical assistance, MinnesotaCare, and SNAP enrollees.

82.25 	Sec. 6. Minnesota Statutes 2016, section 256.014, subdivision 2, is amended to read:
82.26 		Subd. 2.State systems account created. (a) A state systems account is created in the 
82.27 	state treasury. Money collected by the commissioner of human services for the programs 
82.28 	in subdivision 1 must be deposited in the account. Money in the state systems account and 
82.29 	federal matching money is appropriated to the commissioner of human services for purposes 
82.30 	of this section. Any unexpended balance in the appropriations for information systems 
82.31 	projects for MAXIS, PRISM, MMIS, ISDS, METS, or SSIS does not cancel and is available 
82.32 	for ongoing development and operations, subject to review by the Legislative Advisory 
82.33 	Commission under paragraphs (b) and (c).
83.1 	(b) No unexpended balance under paragraph (a) may be expended by the commissioner 
83.2 	of human services until the commissioner of management and budget has submitted the 
83.3 	proposed expenditure to the members of the Legislative Advisory Commission for review 
83.4 	and recommendation. If the commission makes a positive recommendation or no 
83.5 	recommendation, or if the commission has not reviewed the request within 20 days after 
83.6 	the date the proposed expenditure was submitted, the commissioner of management and 
83.7 	budget may approve the proposed expenditure. If the commission recommends further 
83.8 	review of the proposed expenditure, the commissioner shall provide additional information 
83.9 	to the commission. If the commission makes a negative recommendation on the proposed 
83.10 	expenditure within ten days of receiving further information, the commissioner shall not 
83.11 	approve the proposed expenditure. If the commission makes a positive recommendation or 
83.12 	no recommendation within ten days of receiving further information, the commissioner may 
83.13 	approve the proposed expenditure.
83.14 	(c) A recommendation of the commission must be made at a meeting of the commission 
83.15 	unless a written recommendation is signed by all members entitled to vote on the item as 
83.16 	specified in section 3.30, subdivision 2. A recommendation of the commission must be 
83.17 	made by a majority of the commission.

83.18 	Sec. 7. Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 3b, is 
83.19 	amended to read:
83.20 		Subd. 3b.Telemedicine services. (a) Medical assistance covers medically necessary 
83.21 	services and consultations delivered by a licensed health care provider via telemedicine in 
83.22 	the same manner as if the service or consultation was delivered in person. Coverage is 
83.23 	limited to three telemedicine services per enrollee per calendar week, except as provided 
83.24 	in paragraph (f). Telemedicine services shall be paid at the full allowable rate.
83.25 	(b) The commissioner shall establish criteria that a health care provider must attest to 
83.26 	in order to demonstrate the safety or efficacy of delivering a particular service via 
83.27 	telemedicine. The attestation may include that the health care provider:
83.28 	(1) has identified the categories or types of services the health care provider will provide 
83.29 	via telemedicine;
83.30 	(2) has written policies and procedures specific to telemedicine services that are regularly 
83.31 	reviewed and updated;
83.32 	(3) has policies and procedures that adequately address patient safety before, during, 
83.33 	and after the telemedicine service is rendered;
84.1 	(4) has established protocols addressing how and when to discontinue telemedicine 
84.2 	services; and
84.3 	(5) has an established quality assurance process related to telemedicine services.
84.4 	(c) As a condition of payment, a licensed health care provider must document each 
84.5 	occurrence of a health service provided by telemedicine to a medical assistance enrollee. 
84.6 	Health care service records for services provided by telemedicine must meet the requirements 
84.7 	set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must document:
84.8 	(1) the type of service provided by telemedicine;
84.9 	(2) the time the service began and the time the service ended, including an a.m. and p.m. 
84.10 	designation;
84.11 	(3) the licensed health care provider's basis for determining that telemedicine is an 
84.12 	appropriate and effective means for delivering the service to the enrollee;
84.13 	(4) the mode of transmission of the telemedicine service and records evidencing that a 
84.14 	particular mode of transmission was utilized;
84.15 	(5) the location of the originating site and the distant site;
84.16 	(6) if the claim for payment is based on a physician's telemedicine consultation with 
84.17 	another physician, the written opinion from the consulting physician providing the 
84.18 	telemedicine consultation; and
84.19 	(7) compliance with the criteria attested to by the health care provider in accordance 
84.20 	with paragraph (b).
84.21 	(d) For purposes of this subdivision, unless otherwise covered under this chapter, 
84.22 	"telemedicine" is defined as the delivery of health care services or consultations while the 
84.23 	patient is at an originating site and the licensed health care provider is at a distant site. A 
84.24 	communication between licensed health care providers, or a licensed health care provider 
84.25 	and a patient that consists solely of a telephone conversation, e-mail, or facsimile transmission 
84.26 	does not constitute telemedicine consultations or services. Telemedicine may be provided 
84.27 	by means of real-time two-way, interactive audio and visual communications, including the 
84.28 	application of secure video conferencing or store-and-forward technology to provide or 
84.29 	support health care delivery, which facilitate the assessment, diagnosis, consultation, 
84.30 	treatment, education, and care management of a patient's health care.
84.31 	(e) For purposes of this section, "licensed health care provider" means a licensed health 
84.32 	care provider under section 62A.671, subdivision 6, a community paramedic as defined 
85.1 	under section 144E.001, subdivision 5f, and a mental health practitioner defined under 
85.2 	section 245.462, subdivision 17, or 245.4871, subdivision 26, working under the general 
85.3 	supervision of a mental health professional; "health care provider" is defined under section 
85.4 	62A.671, subdivision 3; and "originating site" is defined under section 62A.671, subdivision 
85.5 	7.
85.6 	(f) The limit on coverage of three telemedicine services per enrollee per calendar week 
85.7 	does not apply if:
85.8 	(1) the telemedicine services provided by the licensed health care provider are for the 
85.9 	treatment and control of tuberculosis; and
85.10 	(2) the services are provided in a manner consistent with the recommendations and best 
85.11 	practices specified by the Centers for Disease Control and Prevention and the commissioner 
85.12 	of health.

85.13 	Sec. 8. Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision 
85.14 	to read:
85.15 		Subd. 17d.Transportation services oversight. The commissioner shall contract with 
85.16 	a vendor or dedicate staff for oversight of providers of nonemergency medical transportation 
85.17 	services pursuant to the commissioner's authority in section 256B.04 and Minnesota Rules, 
85.18 	parts 9505.2160 to 9505.2245.

85.19 	EFFECTIVE DATE. This section is effective July 1, 2018.

85.20 	Sec. 9. Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision 
85.21 	to read:
85.22 		Subd. 17e.Transportation provider termination. (a) A terminated nonemergency 
85.23 	medical transportation provider, including all named individuals on the current enrollment 
85.24 	disclosure form and known or discovered affiliates of the nonemergency medical 
85.25 	transportation provider, is not eligible to enroll as a nonemergency medical transportation 
85.26 	provider for five years following the termination.
85.27 	(b) After the five-year period in paragraph (a), if a provider seeks to reenroll as a 
85.28 	nonemergency medical transportation provider, the nonemergency medical transportation 
85.29 	provider must be placed on a one-year probation period. During a provider's probation 
85.30 	period the commissioner shall complete unannounced site visits and request documentation 
85.31 	to review compliance with program requirements.

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

86.1 	Sec. 10. Minnesota Statutes 2016, section 256B.0625, subdivision 18d, is amended to 
86.2 	read:
86.3 		Subd. 18d.Advisory committee members. (a) The Nonemergency Medical 
86.4 	Transportation Advisory Committee consists of:
86.5 	(1) four voting members who represent counties, utilizing the rural urban commuting 
86.6 	area classification system. As defined in subdivision 17, these members shall be designated 
86.7 	as follows:
86.8 	(i) two counties within the 11-county metropolitan area;
86.9 	(ii) one county representing the rural area of the state; and
86.10 	(iii) one county representing the super rural area of the state.
86.11 	The Association of Minnesota Counties shall appoint one county within the 11-county 
86.12 	metropolitan area and one county representing the super rural area of the state. The Minnesota 
86.13 	Inter-County Association shall appoint one county within the 11-county metropolitan area 
86.14 	and one county representing the rural area of the state;
86.15 	(2) three voting members who represent medical assistance recipients, including persons 
86.16 	with physical and developmental disabilities, persons with mental illness, seniors, children, 
86.17 	and low-income individuals;
86.18 	(3) four five voting members who represent providers that deliver nonemergency medical 
86.19 	transportation services to medical assistance enrollees, one of whom is a taxicab owner or 
86.20 	operator;
86.21 	(4) two voting members of the house of representatives, one from the majority party and 
86.22 	one from the minority party, appointed by the speaker of the house, and two voting members 
86.23 	from the senate, one from the majority party and one from the minority party, appointed by 
86.24 	the Subcommittee on Committees of the Committee on Rules and Administration;
86.25 	(5) one voting member who represents demonstration providers as defined in section 
86.26 	256B.69, subdivision 2;
86.27 	(6) one voting member who represents an organization that contracts with state or local 
86.28 	governments to coordinate transportation services for medical assistance enrollees;
86.29 	(7) one voting member who represents the Minnesota State Council on Disability;
86.30 	(8) the commissioner of transportation or the commissioner's designee, who shall serve 
86.31 	as a voting member;
87.1 	(9) one voting member appointed by the Minnesota Ambulance Association; and
87.2 	(10) one voting member appointed by the Minnesota Hospital Association.
87.3 	(b) Members of the advisory committee shall not be employed by the Department of 
87.4 	Human Services. Members of the advisory committee shall receive no compensation.

87.5 	Sec. 11. Minnesota Statutes 2016, section 256B.0625, subdivision 30, is amended to read:
87.6 		Subd. 30.Other clinic services. (a) Medical assistance covers rural health clinic services, 
87.7 	federally qualified health center services, nonprofit community health clinic services, and 
87.8 	public health clinic services. Rural health clinic services and federally qualified health center 
87.9 	services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and 
87.10 	(C). Payment for rural health clinic and federally qualified health center services shall be 
87.11 	made according to applicable federal law and regulation.
87.12 	(b) A federally qualified health center that is beginning initial operation shall submit an 
87.13 	estimate of budgeted costs and visits for the initial reporting period in the form and detail 
87.14 	required by the commissioner. A federally qualified health center that is already in operation 
87.15 	shall submit an initial report using actual costs and visits for the initial reporting period. 
87.16 	Within 90 days of the end of its reporting period, a federally qualified health center shall 
87.17 	submit, in the form and detail required by the commissioner, a report of its operations, 
87.18 	including allowable costs actually incurred for the period and the actual number of visits 
87.19 	for services furnished during the period, and other information required by the commissioner. 
87.20 	Federally qualified health centers that file Medicare cost reports shall provide the 
87.21 	commissioner with a copy of the most recent Medicare cost report filed with the Medicare 
87.22 	program intermediary for the reporting year which support the costs claimed on their cost 
87.23 	report to the state.
87.24 	(c) In order to continue cost-based payment under the medical assistance program 
87.25 	according to paragraphs (a) and (b), a federally qualified health center or rural health clinic 
87.26 	must apply for designation as an essential community provider within six months of final 
87.27 	adoption of rules by the Department of Health according to section 62Q.19, subdivision 7. 
87.28 	For those federally qualified health centers and rural health clinics that have applied for 
87.29 	essential community provider status within the six-month time prescribed, medical assistance 
87.30 	payments will continue to be made according to paragraphs (a) and (b) for the first three 
87.31 	years after application. For federally qualified health centers and rural health clinics that 
87.32 	either do not apply within the time specified above or who have had essential community 
87.33 	provider status for three years, medical assistance payments for health services provided 
87.34 	by these entities shall be according to the same rates and conditions applicable to the same 
88.1 	service provided by health care providers that are not federally qualified health centers or 
88.2 	rural health clinics.
88.3 	(d) Effective July 1, 1999, the provisions of paragraph (c) requiring a federally qualified 
88.4 	health center or a rural health clinic to make application for an essential community provider 
88.5 	designation in order to have cost-based payments made according to paragraphs (a) and (b) 
88.6 	no longer apply.
88.7 	(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall 
88.8 	be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.
88.9 	(f) Effective January 1, 2001, each federally qualified health center and rural health 
88.10 	clinic may elect to be paid either under the prospective payment system established in United 
88.11 	States Code, title 42, section 1396a(aa), or under an alternative payment methodology 
88.12 	consistent with the requirements of United States Code, title 42, section 1396a(aa), and 
88.13 	approved by the Centers for Medicare and Medicaid Services. The alternative payment 
88.14 	methodology shall be 100 percent of cost as determined according to Medicare cost 
88.15 	principles.
88.16 	(g) For purposes of this section, "nonprofit community clinic" is a clinic that:
88.17 	(1) has nonprofit status as specified in chapter 317A;
88.18 	(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);
88.19 	(3) is established to provide health services to low-income population groups, uninsured, 
88.20 	high-risk and special needs populations, underserved and other special needs populations;
88.21 	(4) employs professional staff at least one-half of which are familiar with the cultural 
88.22 	background of their clients;
88.23 	(5) charges for services on a sliding fee scale designed to provide assistance to 
88.24 	low-income clients based on current poverty income guidelines and family size; and
88.25 	(6) does not restrict access or services because of a client's financial limitations or public 
88.26 	assistance status and provides no-cost care as needed.
88.27 	(h) Effective for services provided on or after January 1, 2015, all claims for payment 
88.28 	of clinic services provided by federally qualified health centers and rural health clinics shall 
88.29 	be paid by the commissioner. the commissioner shall determine the most feasible method 
88.30 	for paying claims from the following options:
88.31 	(1) federally qualified health centers and rural health clinics submit claims directly to 
88.32 	the commissioner for payment, and the commissioner provides claims information for 
89.1 	recipients enrolled in a managed care or county-based purchasing plan to the plan, on a 
89.2 	regular basis; or
89.3 	(2) federally qualified health centers and rural health clinics submit claims for recipients 
89.4 	enrolled in a managed care or county-based purchasing plan to the plan, and those claims 
89.5 	are submitted by the plan to the commissioner for payment to the clinic.
89.6 	(h) Federally qualified health centers and rural health clinics shall submit claims directly 
89.7 	to the commissioner for payment, and the commissioner shall provide claims information 
89.8 	for recipients enrolled in a managed care plan or county-based purchasing plan to the plan 
89.9 	on a regular basis as determined by the commissioner.
89.10 	(i) For clinic services provided prior to January 1, 2015, the commissioner shall calculate 
89.11 	and pay monthly the proposed managed care supplemental payments to clinics, and clinics 
89.12 	shall conduct a timely review of the payment calculation data in order to finalize all 
89.13 	supplemental payments in accordance with federal law. Any issues arising from a clinic's 
89.14 	review must be reported to the commissioner by January 1, 2017. Upon final agreement 
89.15 	between the commissioner and a clinic on issues identified under this subdivision, and in 
89.16 	accordance with United States Code, title 42, section 1396a(bb), no supplemental payments 
89.17 	for managed care plan or county-based purchasing plan claims for services provided prior 
89.18 	to January 1, 2015, shall be made after June 30, 2017. If the commissioner and clinics are 
89.19 	unable to resolve issues under this subdivision, the parties shall submit the dispute to the 
89.20 	arbitration process under section 14.57.
89.21 	(j) The commissioner shall seek a federal waiver, authorized under section 1115 of the 
89.22 	Social Security Act, to obtain federal financial participation at the 100 percent federal 
89.23 	matching percentage available to facilities of the Indian Health Service or tribal organization 
89.24 	in accordance with section 1905(b) of the Social Security Act for expenditures made to 
89.25 	organizations dually certified under Title V of the Indian Health Care Improvement Act, 
89.26 	Public Law 94-437, and as a federally qualified health center under paragraph (a) that 
89.27 	provides services to American Indian and Alaskan Native individuals eligible for services 
89.28 	under this subdivision.

89.29 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to services 
89.30 	provided on or after that date.

89.31 	Sec. 12. [256B.0759] DIRECT CONTRACTING PILOT PROGRAM.
89.32 		Subdivision 1.Establishment. The commissioner shall establish a direct contracting 
89.33 	pilot program to test alternative and innovative methods of delivering care through 
90.1 	community-based collaborative care networks to medical assistance and MinnesotaCare 
90.2 	enrollees. The pilot program shall be designed to coordinate care delivery to enrollees who 
90.3 	demonstrate a combination of medical, economic, behavioral health, cultural, and geographic 
90.4 	risk factors, including persons determined to be at risk of substance abuse and opioid 
90.5 	addiction. The commissioner shall issue a request for proposals to select care networks to 
90.6 	deliver care through the pilot program for a three-year period beginning January 1, 2020.
90.7 		Subd. 2.Eligible individuals. (a) The pilot program shall serve individuals who:
90.8 	(1) are eligible for medical assistance under section 256B.055 or MinnesotaCare under 
90.9 	chapter 256L;
90.10 	(2) reside in the service area of the care network;
90.11 	(3) have a combination of multiple risk factors identified by the care network and 
90.12 	approved by the commissioner;
90.13 	(4) have elected to participate in the pilot project as an alternative to receiving services 
90.14 	under fee-for-service or through a managed care or county-based purchasing plan or 
90.15 	integrated health partnership; and
90.16 	(5) agree to participate in risk mitigation strategies as provided in subdivision 4, clause 
90.17 	(4), if the individual is determined to be at risk of opioid addiction or substance abuse.
90.18 	(b) The commissioner may identify individuals who are potentially eligible to be enrolled 
90.19 	with a care network based on zip code or other geographic designation, utilization history, 
90.20 	or other factors indicating whether an individual resides in the service area of a care network. 
90.21 	The commissioner shall coordinate pilot program enrollment with the enrollment and 
90.22 	procurement process for managed care and county-based purchasing plans and integrated 
90.23 	health partnerships.
90.24 		Subd. 3.Selection of care networks. Participation in the pilot program is limited to no 
90.25 	more than six care networks. The commissioner shall ensure that the care networks selected 
90.26 	serve different geographic areas of the state. The commissioner shall consider the following 
90.27 	criteria when selecting care networks to participate in the program:
90.28 	(1) the ability of the care network to provide or arrange for the full range of health care 
90.29 	services required to be provided under section 256B.69, including but not limited to primary 
90.30 	care, inpatient hospital care, specialty care, behavioral health services, and chemical 
90.31 	dependency and substance abuse treatment services;
90.32 	(2) at least 25,000 individuals reside in the service area of the care network;
91.1 	(3) the care network serves a high percentage of patients who are enrolled in Minnesota 
91.2 	health care programs or are uninsured compared to the overall Minnesota population; and
91.3 	(4) the care network can demonstrate the capacity to improve health outcomes and reduce 
91.4 	total cost of care for the population in its service area through better patient engagement, 
91.5 	coordination of care, and the provision of specialized services to address risk factors related 
91.6 	to opioid addiction and substance abuse, and address nonclinical risk factors and barriers 
91.7 	to access.
91.8 		Subd. 4.Requirements for participating care networks. (a) A care network selected 
91.9 	to participate in the pilot program must:
91.10 	(1) accept a capitation rate for enrollees equal to the capitation rate that would otherwise 
91.11 	apply to the enrollees under section 256B.69;
91.12 	(2) comply with all requirements in section 256B.69 related to performance targets, 
91.13 	capitation rate withholds, and administrative expenses;
91.14 	(3) maintain adequate reserves and demonstrate the ability to bear risk, based upon 
91.15 	criteria established by the commissioner under the request for proposals, or demonstrate to 
91.16 	the commissioner that this requirement has been met through a contract with a health plan 
91.17 	company, third-party administrator, stop-loss insurer, or other entity; and
91.18 	(4) assess all enrollees for risk factors related to opioid addiction and substance abuse 
91.19 	and, based upon the professional judgment of the health care provider, require enrollees 
91.20 	determined to be at risk to enter into a patient provider agreement, submit to urine drug 
91.21 	screening, and participate in other risk mitigation strategies; and
91.22 	(5) participate in quality of care and financial reporting initiatives, in the form and manner 
91.23 	specified by the commissioner.
91.24 	(b) An existing integrated health partnership that meets the criteria in this section is 
91.25 	eligible to participate in the pilot program while continuing as an integrated health 
91.26 	partnership.
91.27 		Subd. 5.Requirements for the commissioner. (a) The commissioner shall provide all 
91.28 	participating care networks with enrollee utilization and cost information similar to that 
91.29 	provided by the commissioner to integrated health partnerships.
91.30 	(b) The commissioner, in consultation with the commissioner of health and care networks, 
91.31 	shall design and administer the pilot program in a manner that allows the testing of new 
91.32 	care coordination models and quality-of-care measures to determine the extent to which the 
92.1 	care delivered by the pilot program, relative to the care delivered under fee-for-service and 
92.2 	by managed care and county-based purchasing plans and integrated health partnerships:
92.3 	(1) improves outcomes and reduces the total cost of care for the population served; and
92.4 	(2) reduces administrative burdens and costs for health care providers and state agencies.
92.5 	(c) The commissioner, based on the analysis under paragraph (b), shall evaluate the pilot 
92.6 	program and present recommendations as to whether the pilot program should be continued 
92.7 	or expanded to the chairs and ranking minority members of the legislative committees with 
92.8 	jurisdiction over health and human services policy and finance by February 15, 2022.

92.9 	Sec. 13. Minnesota Statutes 2016, section 256B.69, subdivision 5a, is amended to read:
92.10 		Subd. 5a.Managed care contracts. (a) Managed care contracts under this section and 
92.11 	section 256L.12 shall be entered into or renewed on a calendar year basis. The commissioner 
92.12 	may issue separate contracts with requirements specific to services to medical assistance 
92.13 	recipients age 65 and older.
92.14 	(b) A prepaid health plan providing covered health services for eligible persons pursuant 
92.15 	to chapters 256B and 256L is responsible for complying with the terms of its contract with 
92.16 	the commissioner. Requirements applicable to managed care programs under chapters 256B 
92.17 	and 256L established after the effective date of a contract with the commissioner take effect 
92.18 	when the contract is next issued or renewed.
92.19 	(c) The commissioner shall withhold five percent of managed care plan payments under 
92.20 	this section and county-based purchasing plan payments under section 256B.692 for the 
92.21 	prepaid medical assistance program pending completion of performance targets. Each 
92.22 	performance target must be quantifiable, objective, measurable, and reasonably attainable, 
92.23 	except in the case of a performance target based on a federal or state law or rule. Criteria 
92.24 	for assessment of each performance target must be outlined in writing prior to the contract 
92.25 	effective date. Clinical or utilization performance targets and their related criteria must 
92.26 	consider evidence-based research and reasonable interventions when available or applicable 
92.27 	to the populations served, and must be developed with input from external clinical experts 
92.28 	and stakeholders, including managed care plans, county-based purchasing plans, and 
92.29 	providers. The managed care or county-based purchasing plan must demonstrate, to the 
92.30 	commissioner's satisfaction, that the data submitted regarding attainment of the performance 
92.31 	target is accurate. The commissioner shall periodically change the administrative measures 
92.32 	used as performance targets in order to improve plan performance across a broader range 
92.33 	of administrative services. The performance targets must include measurement of plan 
93.1 	efforts to contain spending on health care services and administrative activities. The 
93.2 	commissioner may adopt plan-specific performance targets that take into account factors 
93.3 	affecting only one plan, including characteristics of the plan's enrollee population. The 
93.4 	withheld funds must be returned no sooner than July of the following year if performance 
93.5 	targets in the contract are achieved. The commissioner may exclude special demonstration 
93.6 	projects under subdivision 23.
93.7 	(d) The commissioner shall require that managed care plans use the assessment and 
93.8 	authorization processes, forms, timelines, standards, documentation, and data reporting 
93.9 	requirements, protocols, billing processes, and policies consistent with medical assistance 
93.10 	fee-for-service or the Department of Human Services contract requirements consistent with 
93.11 	medical assistance fee-for-service or the Department of Human Services contract 
93.12 	requirements for all personal care assistance services under section 256B.0659.
93.13 	(e) Effective for services rendered on or after January 1, 2012, the commissioner shall 
93.14 	include as part of the performance targets described in paragraph (c) a reduction in the health 
93.15 	plan's emergency department utilization rate for medical assistance and MinnesotaCare 
93.16 	enrollees, as determined by the commissioner. For 2012, the reduction shall be based on 
93.17 	the health plan's utilization in 2009. To earn the return of the withhold each subsequent 
93.18 	year, the managed care plan or county-based purchasing plan must achieve a qualifying 
93.19 	reduction of no less than ten percent of the plan's emergency department utilization rate for 
93.20 	medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described 
93.21 	in subdivisions 23 and 28, compared to the previous measurement year until the final 
93.22 	performance target is reached. When measuring performance, the commissioner must 
93.23 	consider the difference in health risk in a managed care or county-based purchasing plan's 
93.24 	membership in the baseline year compared to the measurement year, and work with the 
93.25 	managed care or county-based purchasing plan to account for differences that they agree 
93.26 	are significant.
93.27 	The withheld funds must be returned no sooner than July 1 and no later than July 31 of 
93.28 	the following calendar year if the managed care plan or county-based purchasing plan 
93.29 	demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate 
93.30 	was achieved. The commissioner shall structure the withhold so that the commissioner 
93.31 	returns a portion of the withheld funds in amounts commensurate with achieved reductions 
93.32 	in utilization less than the targeted amount.
93.33 	The withhold described in this paragraph shall continue for each consecutive contract 
93.34 	period until the plan's emergency room utilization rate for state health care program enrollees 
93.35 	is reduced by 25 percent of the plan's emergency room utilization rate for medical assistance 
94.1 	and MinnesotaCare enrollees for calendar year 2009. Hospitals shall cooperate with the 
94.2 	health plans in meeting this performance target and shall accept payment withholds that 
94.3 	may be returned to the hospitals if the performance target is achieved.
94.4 	(f) Effective for services rendered on or after January 1, 2012, the commissioner shall 
94.5 	include as part of the performance targets described in paragraph (c) a reduction in the plan's 
94.6 	hospitalization admission rate for medical assistance and MinnesotaCare enrollees, as 
94.7 	determined by the commissioner. To earn the return of the withhold each year, the managed 
94.8 	care plan or county-based purchasing plan must achieve a qualifying reduction of no less 
94.9 	than five percent of the plan's hospital admission rate for medical assistance and 
94.10 	MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 
94.11 	28, compared to the previous calendar year until the final performance target is reached. 
94.12 	When measuring performance, the commissioner must consider the difference in health risk 
94.13 	in a managed care or county-based purchasing plan's membership in the baseline year 
94.14 	compared to the measurement year, and work with the managed care or county-based 
94.15 	purchasing plan to account for differences that they agree are significant.
94.16 	The withheld funds must be returned no sooner than July 1 and no later than July 31 of 
94.17 	the following calendar year if the managed care plan or county-based purchasing plan 
94.18 	demonstrates to the satisfaction of the commissioner that this reduction in the hospitalization 
94.19 	rate was achieved. The commissioner shall structure the withhold so that the commissioner 
94.20 	returns a portion of the withheld funds in amounts commensurate with achieved reductions 
94.21 	in utilization less than the targeted amount.
94.22 	The withhold described in this paragraph shall continue until there is a 25 percent 
94.23 	reduction in the hospital admission rate compared to the hospital admission rates in calendar 
94.24 	year 2011, as determined by the commissioner. The hospital admissions in this performance 
94.25 	target do not include the admissions applicable to the subsequent hospital admission 
94.26 	performance target under paragraph (g). Hospitals shall cooperate with the plans in meeting 
94.27 	this performance target and shall accept payment withholds that may be returned to the 
94.28 	hospitals if the performance target is achieved.
94.29 	(g) Effective for services rendered on or after January 1, 2012, the commissioner shall 
94.30 	include as part of the performance targets described in paragraph (c) a reduction in the plan's 
94.31 	hospitalization admission rates for subsequent hospitalizations within 30 days of a previous 
94.32 	hospitalization of a patient regardless of the reason, for medical assistance and MinnesotaCare 
94.33 	enrollees, as determined by the commissioner. To earn the return of the withhold each year, 
94.34 	the managed care plan or county-based purchasing plan must achieve a qualifying reduction 
94.35 	of the subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, 
95.1 	excluding enrollees in programs described in subdivisions 23 and 28, of no less than five 
95.2 	percent compared to the previous calendar year until the final performance target is reached.
95.3 	The withheld funds must be returned no sooner than July 1 and no later than July 31 of 
95.4 	the following calendar year if the managed care plan or county-based purchasing plan 
95.5 	demonstrates to the satisfaction of the commissioner that a qualifying reduction in the 
95.6 	subsequent hospitalization rate was achieved. The commissioner shall structure the withhold 
95.7 	so that the commissioner returns a portion of the withheld funds in amounts commensurate 
95.8 	with achieved reductions in utilization less than the targeted amount.
95.9 	The withhold described in this paragraph must continue for each consecutive contract 
95.10 	period until the plan's subsequent hospitalization rate for medical assistance and 
95.11 	MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 
95.12 	28, is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar year 
95.13 	2011. Hospitals shall cooperate with the plans in meeting this performance target and shall 
95.14 	accept payment withholds that must be returned to the hospitals if the performance target 
95.15 	is achieved.
95.16 	(h) Effective for services rendered on or after January 1, 2013, through December 31, 
95.17 	2013, the commissioner shall withhold 4.5 percent of managed care plan payments under 
95.18 	this section and county-based purchasing plan payments under section 256B.692 for the 
95.19 	prepaid medical assistance program. The withheld funds must be returned no sooner than 
95.20 	July 1 and no later than July 31 of the following year. The commissioner may exclude 
95.21 	special demonstration projects under subdivision 23.
95.22 	(i) Effective for services rendered on or after January 1, 2014, the commissioner shall 
95.23 	withhold three percent of managed care plan payments under this section and county-based 
95.24 	purchasing plan payments under section 256B.692 for the prepaid medical assistance 
95.25 	program. The withheld funds must be returned no sooner than July 1 and no later than July 
95.26 	31 of the following year. The commissioner may exclude special demonstration projects 
95.27 	under subdivision 23.
95.28 	(j) A managed care plan or a county-based purchasing plan under section 256B.692 may 
95.29 	include as admitted assets under section 62D.044 any amount withheld under this section 
95.30 	that is reasonably expected to be returned.
95.31 	(k) Contracts between the commissioner and a prepaid health plan are exempt from the 
95.32 	set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a), and 
95.33 	7.
96.1 	(l) The return of the withhold under paragraphs (h) and (i) is not subject to the 
96.2 	requirements of paragraph (c).
96.3 	(m) Managed care plans and county-based purchasing plans shall maintain current and 
96.4 	fully executed agreements for all subcontractors, including bargaining groups, for 
96.5 	administrative services that are expensed to the state's public health care programs. 
96.6 	Subcontractor agreements determined to be material, as defined by the commissioner after 
96.7 	taking into account state contracting and relevant statutory requirements, must be in the 
96.8 	form of a written instrument or electronic document containing the elements of offer, 
96.9 	acceptance, consideration, payment terms, scope, duration of the contract, and how the 
96.10 	subcontractor services relate to state public health care programs. Upon request, the 
96.11 	commissioner shall have access to all subcontractor documentation under this paragraph. 
96.12 	Nothing in this paragraph shall allow release of information that is nonpublic data pursuant 
96.13 	to section 13.02.
96.14 	(n) Effective for services provided on or after January 1, 2019, through December 31, 
96.15 	2019, the commissioner shall withhold two percent of the capitation payment provided to 
96.16 	managed care plans under this section, and county-based purchasing plans under section 
96.17 	256B.692, for each medical assistance enrollee. The withheld funds must be returned no 
96.18 	sooner than July 1 and no later than July 31 of the following year, for capitation payments 
96.19 	for enrollees for whom the plan has submitted to the commissioner a verification of coverage 
96.20 	form completed and signed by the enrollee. The verification of coverage form must be 
96.21 	developed by the commissioner and made available to managed care and county-based 
96.22 	purchasing plans. The form must require the enrollee to provide the enrollee's name and 
96.23 	street address and the name of the managed care or county-based purchasing plan selected 
96.24 	by or assigned to the enrollee and must include a signature block that allows the enrollee 
96.25 	to attest that the information provided is accurate. A plan shall request that all enrollees 
96.26 	complete the verification of coverage form and shall submit all completed forms to the 
96.27 	commissioner by February 28, 2019. If a completed form for an enrollee is not received by 
96.28 	the commissioner by that date:
96.29 	(1) the commissioner shall not return to the plan funds withheld for that enrollee;
96.30 	(2) the commissioner shall cease making capitation payments to the plan for that enrollee, 
96.31 	effective with the April 2019 coverage month; and
96.32 	(3) the commissioner shall disenroll the enrollee from medical assistance, subject to any 
96.33 	enrollee appeal.
97.1 	(o) The commissioner may establish and administer a single preferred drug list for 
97.2 	medical assistance and MinnesotaCare enrollees receiving services through fee-for-service, 
97.3 	integrated health partnerships, managed care, or county-based purchasing, only if the 
97.4 	commissioner first studies this change and then obtains legislative approval in the form of 
97.5 	enacted legislation authorizing the change. In conducting the study, the commissioner shall 
97.6 	consult with interested and affected stakeholders including but not limited to managed care 
97.7 	organizations, county-based purchasers, integrated health partnerships, health care providers, 
97.8 	and enrollees. The commissioner shall report to the chairs and ranking minority members 
97.9 	of the legislative committees with jurisdiction over health and human services policy and 
97.10 	finance on the anticipated impact of the proposed change on: the state budget, access to 
97.11 	services, quality of both outcomes and enrollee experience, and administrative efficiency. 
97.12 	The report must also include an assessment of possible unintended consequences of the use 
97.13 	of a single preferred drug list.

97.14 	Sec. 14. ENCOUNTER REPORTING OF 340B ELIGIBLE DRUGS.
 97.15 	(a) The commissioner of human services, in consultation with federally qualified health 
97.16 	centers, managed care organizations, and contract pharmacies, shall develop 
97.17 	recommendations for a process to identify and report at point of sale the 340B drugs that 
97.18 	are dispensed to enrollees of managed care organizations who are patients of a federally 
97.19 	qualified health center, and to exclude these claims from the Medicaid Drug Rebate Program 
97.20 	and ensure that duplicate discounts for drugs do not occur. In developing this process, the 
97.21 	commissioner shall assess the impact of allowing federally qualified health centers to utilize 
97.22 	the 340B Drug Pricing Program drug discounts if a federally qualified health center utilizes 
97.23 	a contract pharmacy for a patient enrolled in the prepaid medical assistance program.
97.24 	(b) By March 1, 2019, the commissioner shall report the recommendations to the chairs 
97.25 	and ranking minority members of the house of representatives and senate committees with 
97.26 	jurisdiction over medical assistance.

97.27 	Sec. 15. RECONCILIATION OF MINNESOTACARE PREMIUMS.
 97.28 		Subdivision 1.Reconciliation required. (a) The commissioner of human services shall 
97.29 	reconcile all MinnesotaCare premiums paid or due for health coverage provided during the 
97.30 	period January 1, 2014, through December 31, 2017, by July 1, 2018. Based on this 
97.31 	reconciliation, the commissioner shall notify each MinnesotaCare enrollee or former enrollee 
97.32 	of any amount owed as premiums, refund to the enrollee or former enrollee any premium 
98.1 	overpayment, and enter into a payment arrangement with the enrollee or former enrollee as 
98.2 	necessary.
98.3 	(b) The commissioner of human services is prohibited from using agency staff and 
98.4 	resources to plan, develop, or promote any proposal that would offer a health insurance 
98.5 	product on the individual market that would offer consumers similar benefits and networks 
98.6 	as the standard MinnesotaCare program, until the commissioner of management and budget 
98.7 	has determined under subdivision 2 that the commissioner is in compliance with the 
98.8 	requirements of this section.
98.9 		Subd. 2.Determination of compliance; contingent transfer. The commissioner of 
98.10 	management and budget shall determine whether the commissioner of human services has 
98.11 	complied with the requirements of subdivision 1. If the commissioner of management and 
98.12 	budget determines that the commissioner of human services is not in compliance with 
98.13 	subdivision 1, the commissioner of management and budget shall transfer $10,000 from 
98.14 	the central office operations account of the Department of Human Services to the premium 
98.15 	security plan account established under Minnesota Statutes, section 62E.25, for each business 
98.16 	day of noncompliance.

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

98.18 	Sec. 16. CONTRACT TO RECOVER THIRD-PARTY LIABILITY.
 98.19 	The commissioner shall contract with a vendor to implement a third-party liability 
98.20 	recovery program for medical assistance and MinnesotaCare. Under the terms of the contract, 
98.21 	the vendor shall be reimbursed using a percentage of the money recovered through the 
98.22 	third-party liability recovery program. All money recovered that remains after reimbursement 
98.23 	of the vendor is available for operation of the medical assistance and MinnesotaCare 
98.24 	programs. The use of this money must be authorized in law by the legislature.

98.25 	EFFECTIVE DATE. This section is effective July 1, 2018.

98.26 	Sec. 17. STUDY AND REPORT ON DISPARITIES BETWEEN GEOGRAPHIC 
98.27 	RATING AREAS IN INDIVIDUAL AND SMALL GROUP MARKET HEALTH 
98.28 	INSURANCE RATES.
 98.29 		Subdivision 1.Study and recommendations. (a) As permitted by the availability of 
98.30 	resources, the legislative auditor is requested to study disparities between Minnesota's nine 
98.31 	geographic rating areas in individual and small group market health insurance rates and 
98.32 	recommend ways to reduce or eliminate rate disparities between the geographic rating areas 
99.1 	and provide for stability of the individual and small group health insurance markets in the 
99.2 	state. In the study, if conducted, the legislative auditor shall:
99.3 	(1) identify the factors that cause higher individual and small group market health 
99.4 	insurance rates in certain geographic rating areas, and determine the extent to which each 
99.5 	identified factor contributes to the higher rates;
99.6 	(2) identify the impact of referral centers on individual and small group market health 
99.7 	insurance rates in southeastern Minnesota, and identify ways to reduce the rate disparity 
99.8 	between southeastern Minnesota and the metropolitan area, taking into consideration the 
99.9 	patterns of referral center usage by patients in those regions;
99.10 	(3) determine the extent to which individuals and small employers located in a geographic 
99.11 	rating area with higher health insurance rates than surrounding geographic rating areas have 
99.12 	obtained health insurance in a lower-cost geographic rating area, identify the strategies that 
99.13 	individuals and small employers use to obtain health insurance in a lower-cost geographic 
99.14 	rating area, and measure the effects of this practice on the rates of the individuals and small 
99.15 	employers remaining in the geographic rating area with higher health insurance rates; and
99.16 	(4) develop proposals to redraw the boundaries of Minnesota's geographic rating areas, 
99.17 	and calculate the effect each proposal would have on rates in each of the proposed rating 
99.18 	areas. The legislative auditor shall examine at least three options for redrawing the boundaries 
99.19 	of Minnesota's geographic rating areas, at least one of which must reduce the number of 
99.20 	geographic rating areas. All options for redrawing Minnesota's geographic rating areas 
99.21 	considered by the legislative auditor must be designed:
99.22 	(i) with the purposes of reducing or eliminating rate disparities between geographic 
99.23 	rating areas and providing for stability of the individual and small group health insurance 
99.24 	markets in the state;
99.25 	(ii) with consideration of the composition of existing provider networks and referral 
99.26 	patterns in regions of the state; and
99.27 	(iii) in compliance with the requirements for geographic rating areas in Code of Federal 
99.28 	Regulations, title 45, section 147.102(b), and other applicable federal law and guidance.
99.29 	(b) The legislative auditor may secure de-identified data necessary to complete the study 
99.30 	and recommendations according to this subdivision directly from health carriers. For purposes 
99.31 	of this paragraph "de-identified" means a process to remove all identifiable information 
99.32 	regarding an individual or group from data. Data classified as nonpublic data or private data 
100.1 	on individuals, as defined in section 13.02, subdivisions 9 and 12, remains classified as 
100.2 	such.
100.3 	(c) The legislative auditor may recommend one or more proposals for redrawing 
100.4 	Minnesota's geographic rating areas if the legislative auditor determines that the proposal 
100.5 	would reduce or eliminate individual and small group market health insurance rate disparities 
100.6 	between the geographic rating areas and provide for stability of the individual and small 
100.7 	group health insurance markets in the state.
100.8 		Subd. 2.Contract. The legislative auditor may contract with another entity for technical 
100.9 	assistance in conducting the study and developing recommendations according to subdivision 
100.10 	1.
100.11 		Subd. 3.Report. The legislative auditor is requested to complete the study and 
100.12 	recommendations by January 1, 2019, and to submit a report on the study and 
100.13 	recommendations by that date to the chairs and ranking minority members of the legislative 
100.14 	committees with jurisdiction over health care and health insurance.

100.15 	Sec. 18. TESTIMONY ON USE OF DIGITAL BREAST TOMOSYNTHESIS BY 
100.16 	MEMBERS OF THE STATE EMPLOYEE GROUP INSURANCE PROGRAM.
 100.17 	The director of the state employee group insurance program must prepare and submit 
100.18 	written testimony to the house of representatives and senate committees with jurisdiction 
100.19 	over health and human services and state government finance regarding the impact of 
100.20 	Minnesota Statutes, section 62A.30, subdivision 4. The director must provide data on actual 
100.21 	utilization of the coverage under Minnesota Statutes, section 62A.30, subdivision 4 by 
100.22 	members of the state employee group insurance program from January 1, 2019, to June 30, 
100.23 	2019. The director may make recommendations for legislation addressing any issues relating 
100.24 	to the coverage required by Minnesota Statutes, section 62A.30, subdivision 4. The testimony 
100.25 	required under this section is due by December 31, 2019.

100.26 	Sec. 19. MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY WORK 
100.27 	GROUP.
 100.28 		Subdivision 1. Establishment; membership. (a) A mental health and substance use 
100.29 	disorder parity work group is established and shall include the following members:
100.30 	(1) two members representing health plan companies that offer health plans in the 
100.31 	individual market, appointed by the commissioner of commerce;
101.1 	(2) two members representing health plan companies that offer health plans in the group 
101.2 	markets, appointed by the commissioner of commerce;
101.3 	(3) the commissioner of health or a designee;
101.4 	(4) the commissioner of commerce or a designee;
101.5 	(5) the commissioner of management and budget or a designee;
101.6 	(6) two members representing employers, appointed by the commissioner of commerce;
101.7 	(7) two members who are providers representing the mental health and substance use 
101.8 	disorder community, appointed by the commissioner of commerce; and
101.9 	(8) two members who are advocates representing the mental health and substance use 
101.10 	disorder community, appointed by the commissioner of commerce.
101.11 	(b) Members of the work group must have expertise in standards for evidence-based 
101.12 	care, benefit design, or knowledge relating to the analysis of mental health and substance 
101.13 	use disorder parity under federal and state law, including nonquantitative treatment 
101.14 	limitations.
101.15 		Subd. 2.First appointments; first meeting; chair. Appointing authorities shall appoint 
101.16 	members to the work group by July 1, 2018. The commissioner of commerce or a designee 
101.17 	shall convene the first meeting of the work group on or before August 1, 2018. The 
101.18 	commissioner of commerce or the commissioner's designee shall act as chair.
101.19 		Subd. 3.Duties. The mental health and substance use disorder parity work group shall:
101.20 	(1) develop recommendations on the most effective approach to determine and  
101.21 	demonstrate mental health and substance use disorder parity, in accordance with state and 
101.22 	federal law for individual and group health plans offered in Minnesota; and
101.23 	(2) report recommendations to the legislature.
101.24 		Subd. 4.Report. (a) By February 15, 2019, the work group shall submit a report with 
101.25 	recommendations to the chairs and ranking minority members of the legislative committees 
101.26 	with jurisdiction over health care policy and finance.
101.27 	(b) The report must include the following:
101.28 	(1) a summary of completed state enforcement actions relating to individual and group 
101.29 	health plans offered in Minnesota during the preceding 12-month period regarding 
101.30 	compliance with parity in mental health and substance use disorders benefits in accordance 
101.31 	with state and federal law and a summary of the results of completed state enforcement 
102.1 	actions. Data that is protected under state or federal law as nonpublic, private, or confidential 
102.2 	shall remain nonpublic, private, or confidential. This summary must include:
102.3 	(i) the number of formal enforcement actions taken;
102.4 	(ii) the benefit classifications examined in each enforcement action; and
102.5 	(iii) the subject matter of each enforcement action, including quantitative and  
102.6 	nonquantitative treatment limitations;
102.7 	(2) detailed information about any regulatory actions the commissioner of health or 
102.8 	commissioner of commerce has taken as a result of a completed state enforcement action 
102.9 	pertaining to health plan compliance with Minnesota Statutes, sections 62Q.47 and 62Q.53, 
102.10 	and United States Code, title 42, section 18031(j);
102.11 	(3) a description of the work group's recommendations on educating the public about 
102.12 	alcoholism, mental health, or chemical dependency parity protections under state and federal 
102.13 	law; and
102.14 	(4) recommendations on the most effective approach to determine and demonstrate 
102.15 	mental health and substance use disorder parity, in accordance with state and federal law 
102.16 	for individual and group health plans offered in Minnesota.
102.17 	(c) In developing the report and recommendations, the work group may consult with 
102.18 	the Substance Abuse and Mental Health Services Agency and the National Association of 
102.19 	Insurance Commissioners for the latest developments on evaluation of mental health and 
102.20 	substance use disorder parity.
102.21 	(d) The report must be written in plain language and must be made available to the public 
102.22 	by being posted on the Web sites of the Department of Health and Department of Commerce. 
102.23 	The work group may make the report publicly available in additional ways, at its discretion.
102.24 	(e) The report must include any draft legislation necessary to implement the  
102.25 	recommendations of the work group.
102.26 		Subd. 5.Expiration. The mental health and substance use disorder parity work group 
102.27 	expires February 16, 2019, or the day after submitting the report required in this section, 
102.28 	whichever is earlier.

102.29 	Sec. 20.  REPEALER.
 102.30 	Minnesota Statutes 2016, section 62A.65, subdivision 7a, is repealed.

103.1 	
ARTICLE 3103.2 	CHEMICAL AND MENTAL HEALTH

103.3 	Section 1. Minnesota Statutes 2016, section 13.851, is amended by adding a subdivision 
103.4 	to read:
103.5 		Subd. 11.Mental health screening. The treatment of data collected by a sheriff or local 
103.6 	corrections agency related to individuals who may have a mental illness is governed by 
103.7 	section 641.15, subdivision 3a.

103.8 	Sec. 2. Minnesota Statutes 2016, section 245A.04, subdivision 7, is amended to read:
103.9 		Subd. 7.Grant of license; license extension. (a) If the commissioner determines that 
103.10 	the program complies with all applicable rules and laws, the commissioner shall issue a 
103.11 	license consistent with this section or, if applicable, a temporary change of ownership license 
103.12 	under section 245A.043. At minimum, the license shall state:
103.13 	(1) the name of the license holder;
103.14 	(2) the address of the program;
103.15 	(3) the effective date and expiration date of the license;
103.16 	(4) the type of license;
103.17 	(5) the maximum number and ages of persons that may receive services from the program; 
103.18 	and
103.19 	(6) any special conditions of licensure.
103.20 	(b) The commissioner may issue an initiala license for a period not to exceed two years 
103.21 	if:
103.22 	(1) the commissioner is unable to conduct the evaluation or observation required by 
103.23 	subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet operational;
103.24 	(2) certain records and documents are not available because persons are not yet receiving 
103.25 	services from the program; and
103.26 	(3) the applicant complies with applicable laws and rules in all other respects.
103.27 	(c) A decision by the commissioner to issue a license does not guarantee that any person 
103.28 	or persons will be placed or cared for in the licensed program. A license shall not be 
103.29 	transferable to another individual, corporation, partnership, voluntary association, other 
103.30 	organization, or controlling individual or to another location.
104.1 	(d) A license holder must notify the commissioner and obtain the commissioner's approval 
104.2 	before making any changes that would alter the license information listed under paragraph 
104.3 	(a).
104.4 	(e) (d) Except as provided in paragraphs (g) (f) and (h) (g), the commissioner shall not 
104.5 	issue or reissue a license if the applicant, license holder, or controlling individual has:
104.6 	(1) been disqualified and the disqualification was not set aside and no variance has been 
104.7 	granted;
104.8 	(2) been denied a license within the past two years;
104.9 	(3) had a license issued under this chapter revoked within the past five years;
104.10 	(4) an outstanding debt related to a license fee, licensing fine, or settlement agreement 
104.11 	for which payment is delinquent; or
104.12 	(5) failed to submit the information required of an applicant under subdivision 1, 
104.13 	paragraph (f) or (g), after being requested by the commissioner.
104.14 	When a license issued under this chapter is revoked under clause (1) or (3), the license 
104.15 	holder and controlling individual may not hold any license under chapter 245A or 245D for 
104.16 	five years following the revocation, and other licenses held by the applicant, license holder, 
104.17 	or controlling individual shall also be revoked.
104.18 	(f) (e) The commissioner shall not issue or reissue a license under this chapter if an 
104.19 	individual living in the household where the licensed services will be provided as specified 
104.20 	under section 245C.03, subdivision 1, has been disqualified and the disqualification has not 
104.21 	been set aside and no variance has been granted.
104.22 	(g) (f) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued 
104.23 	under this chapter has been suspended or revoked and the suspension or revocation is under 
104.24 	appeal, the program may continue to operate pending a final order from the commissioner. 
104.25 	If the license under suspension or revocation will expire before a final order is issued, a 
104.26 	temporary provisional license may be issued provided any applicable license fee is paid 
104.27 	before the temporary provisional license is issued.
104.28 	(h) (g) Notwithstanding paragraph (g) (f), when a revocation is based on the 
104.29 	disqualification of a controlling individual or license holder, and the controlling individual 
104.30 	or license holder is ordered under section 245C.17 to be immediately removed from direct 
104.31 	contact with persons receiving services or is ordered to be under continuous, direct 
104.32 	supervision when providing direct contact services, the program may continue to operate 
104.33 	only if the program complies with the order and submits documentation demonstrating 
105.1 	compliance with the order. If the disqualified individual fails to submit a timely request for 
105.2 	reconsideration, or if the disqualification is not set aside and no variance is granted, the 
105.3 	order to immediately remove the individual from direct contact or to be under continuous, 
105.4 	direct supervision remains in effect pending the outcome of a hearing and final order from 
105.5 	the commissioner.
105.6 	(i) (h) For purposes of reimbursement for meals only, under the Child and Adult Care 
105.7 	Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, 
105.8 	part 226, relocation within the same county by a licensed family day care provider, shall 
105.9 	be considered an extension of the license for a period of no more than 30 calendar days or 
105.10 	until the new license is issued, whichever occurs first, provided the county agency has 
105.11 	determined the family day care provider meets licensure requirements at the new location.
105.12 	(j) (i) Unless otherwise specified by statute, all licenses issued under this chapter expire 
105.13 	at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must 
105.14 	apply for and be granted a new license to operate the program or the program must not be 
105.15 	operated after the expiration date.
105.16 	(k) (j) The commissioner shall not issue or reissue a license under this chapter if it has 
105.17 	been determined that a tribal licensing authority has established jurisdiction to license the 
105.18 	program or service.

105.19 	Sec. 3. Minnesota Statutes 2016, section 245A.04, is amended by adding a subdivision to 
105.20 	read:
105.21 		Subd. 7a.Notification required. (a) A license holder must notify the commissioner and 
105.22 	obtain the commissioner's approval before making any change that would alter the license 
105.23 	information listed under subdivision 7, paragraph (a).
105.24 	(b) At least 30 days before the effective date of a change, the license holder must notify 
105.25 	the commissioner in writing of any change:
105.26 	(1) to the license holder's controlling individual as defined in section 245A.02, subdivision 
105.27 	5a;
105.28 	(2) to license holder information on file with the secretary of state;
105.29 	(3) in the location of the program or service licensed under this chapter; and
105.30 	(4) in the federal or state tax identification number associated with the license holder.
105.31 	(c) When a license holder notifies the commissioner of a change to the business structure 
105.32 	governing the licensed program or services but is not selling the business, the license holder 
106.1 	must provide amended articles of incorporation and other documentation of the change and 
106.2 	any other information requested by the commissioner.

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

106.4 	Sec. 4. [245A.043] LICENSE APPLICATION AFTER CHANGE OF OWNERSHIP.
106.5 		Subdivision 1.Transfer prohibited. A license issued under this chapter is only valid 
106.6 	for a premises and individual, organization, or government entity identified by the 
106.7 	commissioner on the license. A license is not transferable or assignable.
106.8 		Subd. 2.Change of ownership. If the commissioner determines that there will be a 
106.9 	change of ownership, the commissioner shall require submission of a new license application. 
106.10 	A change of ownership occurs when:
106.11 	(1) the license holder sells or transfers 100 percent of the property, stock, or assets;
106.12 	(2) the license holder merges with another organization;
106.13 	(3) the license holder consolidates with two or more organizations, resulting in the 
106.14 	creation of a new organization;
106.15 	(4) there is a change in the federal tax identification number associated with the license 
106.16 	holder; or
106.17 	(5) there is a turnover of each controlling individual associated with the license within 
106.18 	a 12-month period. A change to the license holder's controlling individuals, including a 
106.19 	change due to a transfer of stock, is not a change of ownership if at least one controlling 
106.20 	individual who was listed on the license for at least 12 consecutive months continues to be 
106.21 	a controlling individual after the reported change.
106.22 		Subd. 3.Change of ownership requirements. (a) A license holder who intends to 
106.23 	change the ownership of the program or service under subdivision 2 to a party that intends 
106.24 	to assume operation without an interruption in service longer than 60 days after acquiring 
106.25 	the program or service must provide the commissioner with written notice of the proposed 
106.26 	sale or change, on a form provided by the commissioner, at least 60 days before the 
106.27 	anticipated date of the change in ownership. For purposes of this subdivision and subdivision 
106.28 	4, "party" means the party that intends to operate the service or program.
106.29 	(b) The party must submit a license application under this chapter on a form and in the 
106.30 	manner prescribed by the commissioner at least 30 days before the change of ownership is 
106.31 	complete and must include documentation to support the upcoming change. The form and 
106.32 	manner of the application prescribed by the commissioner shall require only information 
107.1 	which is specifically required by statute or rule. The party must comply with background 
107.2 	study requirements under chapter 245C and shall pay the application fee required in section 
107.3 	245A.10. A party that intends to assume operation without an interruption in service longer 
107.4 	than 60 days after acquiring the program or service is exempt from the requirements of 
107.5 	Minnesota Rules, part 9530.6800.
107.6 	(c) The commissioner may develop streamlined application procedures when the party 
107.7 	is an existing license holder under this chapter and is acquiring a program licensed under 
107.8 	this chapter or service in the same service class as one or more licensed programs or services 
107.9 	the party operates and those licenses are in substantial compliance according to the licensing 
107.10 	standards in this chapter and applicable rules. For purposes of this subdivision, "substantial 
107.11 	compliance" means within the past 12 months the commissioner did not: (i) issue a sanction 
107.12 	under section 245A.07 against a license held by the party or (ii) make a license held by the 
107.13 	party conditional according to section 245A.06.
107.14 	(d) Except when a temporary change of ownership license is issued pursuant to 
107.15 	subdivision 4, the existing license holder is solely responsible for operating the program 
107.16 	according to applicable rules and statutes until a license under this chapter is issued to the 
107.17 	party.
107.18 	(e) If a licensing inspection of the program or service was conducted within the previous 
107.19 	12 months and the existing license holder's license record demonstrates substantial 
107.20 	compliance with the applicable licensing requirements, the commissioner may waive the 
107.21 	party's inspection required by section 245A.04, subdivision 4. The party must submit to the 
107.22 	commissioner proof that the premises was inspected by a fire marshal or that the fire marshal 
107.23 	deemed that an inspection was not warranted and proof that the premises was inspected for 
107.24 	compliance with the building code or that no inspection was deemed warranted.
107.25 	(f) If the party is seeking a license for a program or service that has an outstanding 
107.26 	correction order, the party must submit a letter with the license application identifying how 
107.27 	and within what length of time the party shall resolve the outstanding correction order and 
107.28 	come into full compliance with the licensing requirements.
107.29 	(g) Any action taken under section 245A.06 or 245A.07 against the existing license 
107.30 	holder's license at the time the party is applying for a license, including when the existing 
107.31 	license holder is operating under a conditional license or is subject to a revocation, shall 
107.32 	remain in effect until the commissioner determines that the grounds for the action are 
107.33 	corrected or no longer exist.
108.1 	(h) The commissioner shall evaluate the application of the party according to section 
108.2 	245A.04, subdivision 6. Pursuant to section 245A.04, subdivision 7, if the commissioner 
108.3 	determines that the party complies with applicable laws and rules, the commissioner may 
108.4 	issue a license or a temporary change of ownership license.
108.5 	(i) The commissioner may deny an application as provided in section 245A.05. An 
108.6 	applicant whose application was denied by the commissioner may appeal the denial according 
108.7 	to section 245A.05.
108.8 	(j) This subdivision does not apply to a licensed program or service located in a home 
108.9 	where the license holder resides.
108.10 		Subd. 4.Temporary change of ownership license. (a) After receiving the party's 
108.11 	application and upon the written request of the existing license holder and the party, the 
108.12 	commissioner may issue a temporary change of ownership license to the party while the 
108.13 	commissioner evaluates the party's application. Until a decision is made to grant or deny a 
108.14 	license under this chapter, the existing license holder and the party shall both be responsible 
108.15 	for operating the program or service according to applicable laws and rules, and the sale or 
108.16 	transfer of the license holder's ownership interest in the licensed program or service does 
108.17 	not terminate the existing license.
108.18 	(b) The commissioner may establish criteria to issue a temporary change of ownership 
108.19 	license, if a license holder's death, divorce, or other event affects the ownership of the 
108.20 	program, when an applicant seeks to assume operation of the program or service to ensure 
108.21 	continuity of the program or service while a license application is evaluated. This subdivision 
108.22 	applies to any program or service licensed under this chapter.

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

108.24 	Sec. 5. Minnesota Statutes 2016, section 245C.22, subdivision 4, is amended to read:
108.25 		Subd. 4.Risk of harm; set aside. (a) The commissioner may set aside the disqualification 
108.26 	if the commissioner finds that the individual has submitted sufficient information to 
108.27 	demonstrate that the individual does not pose a risk of harm to any person served by the 
108.28 	applicant, license holder, or other entities as provided in this chapter.
108.29 	(b) In determining whether the individual has met the burden of proof by demonstrating 
108.30 	the individual does not pose a risk of harm, the commissioner shall consider:
108.31 	(1) the nature, severity, and consequences of the event or events that led to the 
108.32 	disqualification;
109.1 	(2) whether there is more than one disqualifying event;
109.2 	(3) the age and vulnerability of the victim at the time of the event;
109.3 	(4) the harm suffered by the victim;
109.4 	(5) vulnerability of persons served by the program;
109.5 	(6) the similarity between the victim and persons served by the program;
109.6 	(7) the time elapsed without a repeat of the same or similar event;
109.7 	(8) documentation of successful completion by the individual studied of training or 
109.8 	rehabilitation pertinent to the event; and
109.9 	(9) any other information relevant to reconsideration.
109.10 	(c) If the individual requested reconsideration on the basis that the information relied 
109.11 	upon to disqualify the individual was incorrect or inaccurate and the commissioner determines 
109.12 	that the information relied upon to disqualify the individual is correct, the commissioner 
109.13 	must also determine if the individual poses a risk of harm to persons receiving services in 
109.14 	accordance with paragraph (b).
109.15 	(d) For an individual in the chemical dependency field, the commissioner must set aside 
109.16 	the disqualification if the following criteria are met:
109.17 	(1) the individual submits sufficient documentation to demonstrate that the individual 
109.18 	is a nonviolent controlled substance offender under section 244.0513, subdivision 2, clauses 
109.19 	(1), (2), and (6);
109.20 	(2) the individual is disqualified exclusively for one or more offenses listed under section 
109.21 	152.021, subdivision 2 or 2a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024; or 
109.22 	152.025;
109.23 	(3) the individual provided documentation of successful completion of treatment, at least 
109.24 	one year prior to the date of the request for reconsideration, at a program licensed under 
109.25 	chapter 245G;
109.26 	(4) the individual provided documentation demonstrating abstinence from controlled 
109.27 	substances, as defined in section 152.01, subdivision 4, for the period one year prior to the 
109.28 	date of the request for reconsideration; and
109.29 	(5) the individual is seeking employment in the chemical dependency field.

110.1 	Sec. 6. Minnesota Statutes 2017 Supplement, section 245C.22, subdivision 5, is amended 
110.2 	to read:
110.3 		Subd. 5.Scope of set-aside. (a) If the commissioner sets aside a disqualification under 
110.4 	this section, the disqualified individual remains disqualified, but may hold a license and 
110.5 	have direct contact with or access to persons receiving services. Except as provided in 
110.6 	paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the 
110.7 	licensed program, applicant, or agency specified in the set aside notice under section 245C.23. 
110.8 	For personal care provider organizations, the commissioner's set-aside may further be limited 
110.9 	to a specific individual who is receiving services. For new background studies required 
110.10 	under section 245C.04, subdivision 1, paragraph (h), if an individual's disqualification was 
110.11 	previously set aside for the license holder's program and the new background study results 
110.12 	in no new information that indicates the individual may pose a risk of harm to persons 
110.13 	receiving services from the license holder, the previous set-aside shall remain in effect.
110.14 	(b) If the commissioner has previously set aside an individual's disqualification for one 
110.15 	or more programs or agencies, and the individual is the subject of a subsequent background 
110.16 	study for a different program or agency, the commissioner shall determine whether the 
110.17 	disqualification is set aside for the program or agency that initiated the subsequent 
110.18 	background study. A notice of a set-aside under paragraph (c) shall be issued within 15 
110.19 	working days if all of the following criteria are met:
110.20 	(1) the subsequent background study was initiated in connection with a program licensed 
110.21 	or regulated under the same provisions of law and rule for at least one program for which 
110.22 	the individual's disqualification was previously set aside by the commissioner;
110.23 	(2) the individual is not disqualified for an offense specified in section 245C.15, 
110.24 	subdivision 1 or 2;
110.25 	(3) the individual is not disqualified for an offense specified in section 245C.15, 
110.26 	subdivision 2, unless the individual is employed in the chemical dependency field;
110.27 	(4) the commissioner has received no new information to indicate that the individual 
110.28 	may pose a risk of harm to any person served by the program; and
110.29 	(4)(5) the previous set-aside was not limited to a specific person receiving services.
110.30 	(c) When a disqualification is set aside under paragraph (b), the notice of background 
110.31 	study results issued under section 245C.17, in addition to the requirements under section 
110.32 	245C.17, shall state that the disqualification is set aside for the program or agency that 
110.33 	initiated the subsequent background study. The notice must inform the individual that the 
111.1 	individual may request reconsideration of the disqualification under section 245C.21 on the 
111.2 	basis that the information used to disqualify the individual is incorrect.

111.3 	Sec. 7. Minnesota Statutes 2017 Supplement, section 245G.03, subdivision 1, is amended 
111.4 	to read:
111.5 		Subdivision 1.License requirements. (a) An applicant for a license to provide substance 
111.6 	use disorder treatment must comply with the general requirements in chapters 245A and 
111.7 	245C, sections 626.556 and 626.557, and Minnesota Rules, chapter 9544.
111.8 	(b) The assessment of need process under Minnesota Rules, parts 9530.6800 and 
111.9 	9530.6810, is not applicable to programs licensed under this chapter. However, the 
111.10 	commissioner may deny issuance of a license to an applicant if the commissioner determines 
111.11 	that the services currently available in the local area are sufficient to meet local need and 
111.12 	the addition of new services would be detrimental to individuals seeking these services.
111.13 	(c) The commissioner may grant variances to the requirements in this chapter that do 
111.14 	not affect the client's health or safety if the conditions in section 245A.04, subdivision 9, 
111.15 	are met.

111.16 	Sec. 8. Minnesota Statutes 2017 Supplement, section 254A.03, subdivision 3, is amended 
111.17 	to read:
111.18 		Subd. 3.Rules for substance use disorder care. (a) The commissioner of human 
111.19 	services shall establish by rule criteria to be used in determining the appropriate level of 
111.20 	chemical dependency care for each recipient of public assistance seeking treatment for 
111.21 	substance misuse or substance use disorder. Upon federal approval of a comprehensive 
111.22 	assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding 
111.23 	the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of 
111.24 	comprehensive assessments under section 254B.05 may determine and approve the 
111.25 	appropriate level of substance use disorder treatment for a recipient of public assistance. 
111.26 	The process for determining an individual's financial eligibility for the consolidated chemical 
111.27 	dependency treatment fund or determining an individual's enrollment in or eligibility for a 
111.28 	publicly subsidized health plan is not affected by the individual's choice to access a 
111.29 	comprehensive assessment for placement.
111.30 	(b) The commissioner shall develop and implement a utilization review process for 
111.31 	publicly funded treatment placements to monitor and review the clinical appropriateness 
111.32 	and timeliness of all publicly funded placements in treatment.
112.1 	(c) A structured assessment for alcohol or substance use disorder that is provided to a 
112.2 	recipient of public assistance by a primary care clinic, hospital, or other medical setting 
112.3 	establishes medical necessity and approval for an initial set of substance use disorder services 
112.4 	identified in section 254B.05, subdivision 5, when the screen result is positive for alcohol 
112.5 	or substance misuse. The initial set of services approved for a recipient whose screen result 
112.6 	is positive shall include four hours of individual or group substance use disorder treatment, 
112.7 	two hours of substance use disorder care coordination, and two hours of substance use 
112.8 	disorder peer support services. A recipient must obtain an assessment pursuant to paragraph 
112.9 	(a) to be approved for additional treatment services.

112.10 	EFFECTIVE DATE. This section is effective July 1, 2018, contingent on federal 
112.11 	approval. The commissioner of human services shall notify the revisor of statutes when 
112.12 	federal approval is obtained or denied.

112.13 	Sec. 9. Minnesota Statutes 2016, section 254B.02, subdivision 1, is amended to read:
112.14 		Subdivision 1.Chemical dependency treatment allocation. The chemical dependency 
112.15 	treatment appropriation shall be placed in a special revenue account. The commissioner 
112.16 	shall annually transfer funds from the chemical dependency fund to pay for operation of 
112.17 	the drug and alcohol abuse normative evaluation system and to pay for all costs incurred 
112.18 	by adding two positions for licensing of chemical dependency treatment and rehabilitation 
112.19 	programs located in hospitals for which funds are not otherwise appropriated. The remainder 
112.20 	of the money in the special revenue account must be used according to the requirements in 
112.21 	this chapter.

112.22 	Sec. 10. Minnesota Statutes 2017 Supplement, section 254B.03, subdivision 2, is amended 
112.23 	to read:
112.24 		Subd. 2.Chemical dependency fund payment. (a) Payment from the chemical 
112.25 	dependency fund is limited to payments for services other than detoxification licensed under 
112.26 	Minnesota Rules, parts 9530.6510 to 9530.6590, that, if located outside of federally 
112.27 	recognized tribal lands, would be required to be licensed by the commissioner as a chemical 
112.28 	dependency treatment or rehabilitation program under sections 245A.01 to 245A.16, and 
112.29 	services other than detoxification provided in another state that would be required to be 
112.30 	licensed as a chemical dependency program if the program were in the state. Out of state 
112.31 	vendors must also provide the commissioner with assurances that the program complies 
112.32 	substantially with state licensing requirements and possesses all licenses and certifications 
112.33 	required by the host state to provide chemical dependency treatment. Vendors receiving 
113.1 	payments from the chemical dependency fund must not require co-payment from a recipient 
113.2 	of benefits for services provided under this subdivision. The vendor is prohibited from using 
113.3 	the client's public benefits to offset the cost of services paid under this section. The vendor 
113.4 	shall not require the client to use public benefits for room or board costs. This includes but 
113.5 	is not limited to cash assistance benefits under chapters 119B, 256D, and 256J, or SNAP 
113.6 	benefits. Retention of SNAP benefits is a right of a client receiving services through the 
113.7 	consolidated chemical dependency treatment fund or through state contracted managed care 
113.8 	entities. Payment from the chemical dependency fund shall be made for necessary room 
113.9 	and board costs provided by vendors certified according to section 254B.05, or in a 
113.10 	community hospital licensed by the commissioner of health according to sections 144.50
113.11 	to 144.56 to a client who is:
113.12 	(1) determined to meet the criteria for placement in a residential chemical dependency 
113.13 	treatment program according to rules adopted under section 254A.03, subdivision 3; and
113.14 	(2) concurrently receiving a chemical dependency treatment service in a program licensed 
113.15 	by the commissioner and reimbursed by the chemical dependency fund.
113.16 	(b) A county may, from its own resources, provide chemical dependency services for 
113.17 	which state payments are not made. A county may elect to use the same invoice procedures 
113.18 	and obtain the same state payment services as are used for chemical dependency services 
113.19 	for which state payments are made under this section if county payments are made to the 
113.20 	state in advance of state payments to vendors. When a county uses the state system for 
113.21 	payment, the commissioner shall make monthly billings to the county using the most recent 
113.22 	available information to determine the anticipated services for which payments will be made 
113.23 	in the coming month. Adjustment of any overestimate or underestimate based on actual 
113.24 	expenditures shall be made by the state agency by adjusting the estimate for any succeeding 
113.25 	month.
113.26 	(c) The commissioner shall coordinate chemical dependency services and determine 
113.27 	whether there is a need for any proposed expansion of chemical dependency treatment 
113.28 	services. The commissioner shall deny vendor certification to any provider that has not 
113.29 	received prior approval from the commissioner for the creation of new programs or the 
113.30 	expansion of existing program capacity. The commissioner shall consider the provider's 
113.31 	capacity to obtain clients from outside the state based on plans, agreements, and previous 
113.32 	utilization history, when determining the need for new treatment services The commissioner 
113.33 	may deny vendor certification to a provider if the commissioner determines that the services 
113.34 	currently available in the local area are sufficient to meet local need and that the addition 
113.35 	of new services would be detrimental to individuals seeking these services.

114.1 	Sec. 11. Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3, is amended 
114.2 	to read:
114.3 		Subd. 3.State agency hearings. (a) State agency hearings are available for the following:
114.4 	(1) any person applying for, receiving or having received public assistance, medical 
114.5 	care, or a program of social services granted by the state agency or a county agency or the 
114.6 	federal Food Stamp Act whose application for assistance is denied, not acted upon with 
114.7 	reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed 
114.8 	to have been incorrectly paid;
114.9 	(2) any patient or relative aggrieved by an order of the commissioner under section 
114.10 	252.27;
114.11 	(3) a party aggrieved by a ruling of a prepaid health plan;
114.12 	(4) except as provided under chapter 245C, any individual or facility determined by a 
114.13 	lead investigative agency to have maltreated a vulnerable adult under section 626.557 after 
114.14 	they have exercised their right to administrative reconsideration under section 626.557;
114.15 	(5) any person whose claim for foster care payment according to a placement of the 
114.16 	child resulting from a child protection assessment under section 626.556 is denied or not 
114.17 	acted upon with reasonable promptness, regardless of funding source;
114.18 	(6) any person to whom a right of appeal according to this section is given by other 
114.19 	provision of law;
114.20 	(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver 
114.21 	under section 256B.15;
114.22 	(8) an applicant aggrieved by an adverse decision to an application or redetermination 
114.23 	for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
114.24 	(9) except as provided under chapter 245A, an individual or facility determined to have 
114.25 	maltreated a minor under section 626.556, after the individual or facility has exercised the 
114.26 	right to administrative reconsideration under section 626.556;
114.27 	(10) except as provided under chapter 245C, an individual disqualified under sections 
114.28 	245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, 
114.29 	on the basis of serious or recurring maltreatment; a preponderance of the evidence that the 
114.30 	individual has committed an act or acts that meet the definition of any of the crimes listed 
114.31 	in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 
114.32 	626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment 
115.1 	determination under clause (4) or (9) and a disqualification under this clause in which the 
115.2 	basis for a disqualification is serious or recurring maltreatment, shall be consolidated into 
115.3 	a single fair hearing. In such cases, the scope of review by the human services judge shall 
115.4 	include both the maltreatment determination and the disqualification. The failure to exercise 
115.5 	the right to an administrative reconsideration shall not be a bar to a hearing under this section 
115.6 	if federal law provides an individual the right to a hearing to dispute a finding of 
115.7 	maltreatment;
115.8 	(11) any person with an outstanding debt resulting from receipt of public assistance, 
115.9 	medical care, or the federal Food Stamp Act who is contesting a setoff claim by the 
115.10 	Department of Human Services or a county agency. The scope of the appeal is the validity 
115.11 	of the claimant agency's intention to request a setoff of a refund under chapter 270A against 
115.12 	the debt;
115.13 	(12) a person issued a notice of service termination under section 245D.10, subdivision 
115.14 	3a, from residential supports and services as defined in section 245D.03, subdivision 1, 
115.15 	paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;
115.16 	(13) an individual disability waiver recipient based on a denial of a request for a rate 
115.17 	exception under section 256B.4914; or
115.18 	(14) a person issued a notice of service termination under section 245A.11, subdivision 
115.19 	11, that is not otherwise subject to appeal under subdivision 4a.; or
115.20 	(15) a county disputes cost of care under section 246.54 based on administrative or other 
115.21 	delay of a client's discharge from a state-operated facility after notification to a county that 
115.22 	the client no longer meets medical criteria for the state-operated facility, when the county 
115.23 	has developed a viable discharge plan.
115.24 	(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10), 
115.25 	is the only administrative appeal to the final agency determination specifically, including 
115.26 	a challenge to the accuracy and completeness of data under section 13.04. Hearings requested 
115.27 	under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or 
115.28 	after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged 
115.29 	to have maltreated a resident prior to October 1, 1995, shall be held as a contested case 
115.30 	proceeding under the provisions of chapter 14. Hearings requested under paragraph (a), 
115.31 	clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A 
115.32 	hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only 
115.33 	available when there is no district court action pending. If such action is filed in district 
115.34 	court while an administrative review is pending that arises out of some or all of the events 
116.1 	or circumstances on which the appeal is based, the administrative review must be suspended 
116.2 	until the judicial actions are completed. If the district court proceedings are completed, 
116.3 	dismissed, or overturned, the matter may be considered in an administrative hearing.
116.4 	(c) For purposes of this section, bargaining unit grievance procedures are not an 
116.5 	administrative appeal.
116.6 	(d) The scope of hearings involving claims to foster care payments under paragraph (a), 
116.7 	clause (5), shall be limited to the issue of whether the county is legally responsible for a 
116.8 	child's placement under court order or voluntary placement agreement and, if so, the correct 
116.9 	amount of foster care payment to be made on the child's behalf and shall not include review 
116.10 	of the propriety of the county's child protection determination or child placement decision.
116.11 	(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to 
116.12 	whether the proposed termination of services is authorized under section 245D.10, 
116.13 	subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements 
116.14 	of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, 
116.15 	paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of 
116.16 	termination of services, the scope of the hearing shall also include whether the case 
116.17 	management provider has finalized arrangements for a residential facility, a program, or 
116.18 	services that will meet the assessed needs of the recipient by the effective date of the service 
116.19 	termination.
116.20 	(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor 
116.21 	under contract with a county agency to provide social services is not a party and may not 
116.22 	request a hearing under this section, except if assisting a recipient as provided in subdivision 
116.23 	4.
116.24 	(g) An applicant or recipient is not entitled to receive social services beyond the services 
116.25 	prescribed under chapter 256M or other social services the person is eligible for under state 
116.26 	law.
116.27 	(h) The commissioner may summarily affirm the county or state agency's proposed 
116.28 	action without a hearing when the sole issue is an automatic change due to a change in state 
116.29 	or federal law.
116.30 	(i) Unless federal or Minnesota law specifies a different time frame in which to file an 
116.31 	appeal, an individual or organization specified in this section may contest the specified 
116.32 	action, decision, or final disposition before the state agency by submitting a written request 
116.33 	for a hearing to the state agency within 30 days after receiving written notice of the action, 
116.34 	decision, or final disposition, or within 90 days of such written notice if the applicant, 
117.1 	recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 
117.2 	13, why the request was not submitted within the 30-day time limit. The individual filing 
117.3 	the appeal has the burden of proving good cause by a preponderance of the evidence.

117.4 	Sec. 12. Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 56a, is 
117.5 	amended to read:
117.6 		Subd. 56a.Post-arrestOfficer-involved community-based servicecare coordination.
 117.7 	(a) Medical assistance covers post-arrestofficer-involved community-based servicecare 
117.8 	coordination for an individual who:
117.9 	(1) has been identified as havingscreened positive for benefiting from treatment for a 
117.10 	mental illness or substance use disorder using a screening tool approved by the commissioner;
117.11 	(2) does not require the security of a public detention facility and is not considered an 
117.12 	inmate of a public institution as defined in Code of Federal Regulations, title 42, section 
117.13 	435.1010;
117.14 	(3) meets the eligibility requirements in section 256B.056; and
117.15 	(4) has agreed to participate in post-arrestofficer-involved community-based service
117.16 	care coordination through a diversion contract in lieu of incarceration.
117.17 	(b) Post-arrest Officer-involved community-based servicecare coordination means 
117.18 	navigating services to address a client's mental health, chemical health, social, economic, 
117.19 	and housing needs, or any other activity targeted at reducing the incidence of jail utilization 
117.20 	and connecting individuals with existing covered services available to them, including, but 
117.21 	not limited to, targeted case management, waiver case management, or care coordination.
117.22 	(c) Post-arrestOfficer-involved community-based servicecare coordination must be 
117.23 	provided by an individual who is an employee of a county or is under contract with a county, 
117.24 	or is an employee of or under contract with an Indian health service facility or facility owned 
117.25 	and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638 
117.26 	facility to provide post-arrestofficer-involved community-based care coordination and is 
117.27 	qualified under one of the following criteria:
117.28 	(1) a licensed mental health professional as defined in section 245.462, subdivision 18, 
117.29 	clauses (1) to (6);
117.30 	(2) a mental health practitioner as defined in section 245.462, subdivision 17, working 
117.31 	under the clinical supervision of a mental health professional; or
118.1 	(3) a certified peer specialist under section 256B.0615, working under the clinical 
118.2 	supervision of a mental health professional;
118.3 	(4) an individual qualified as an alcohol and drug counselor under section 254G.11, 
118.4 	subdivision 5; or
118.5 	(5) a recovery peer qualified under section 245G.11, subdivision 8, working under the 
118.6 	supervision of an individual qualified as an alcohol and drug counselor under section 
118.7 	245G.11, subdivision 5.
118.8 	(d) Reimbursement is allowed for up to 60 days following the initial determination of 
118.9 	eligibility.
118.10 	(e) Providers of post-arrestofficer-involved community-based servicecare coordination 
118.11 	shall annually report to the commissioner on the number of individuals served, and number 
118.12 	of the community-based services that were accessed by recipients. The commissioner shall 
118.13 	ensure that services and payments provided under post-arrestofficer-involved 
118.14 	community-based servicecare coordination do not duplicate services or payments provided 
118.15 	under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.
118.16 	(f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for 
118.17 	post-arrest community-based service coordination services shall be provided by the county 
118.18 	providing the services, from sources other than federal funds or funds used to match other 
118.19 	federal funds.

118.20 	EFFECTIVE DATE. Paragraphs (a) to (e) are effective retroactively from March 1, 
118.21 	2018.

118.22 	Sec. 13. Minnesota Statutes 2016, section 641.15, subdivision 3a, is amended to read:
118.23 		Subd. 3a.Intake procedure; approved mental health screening. As part of its intake 
118.24 	procedure for new prisoners inmates, the sheriff or local corrections shall use a mental health 
118.25 	screening tool approved by the commissioner of corrections in consultation with the 
118.26 	commissioner of human services and local corrections staff to identify persons who may 
118.27 	have mental illness. Names of persons who have screened positive or may have a mental 
118.28 	illness may be shared with the local county social services agency. The jail may refer an 
118.29 	offender to county personnel of the welfare system, as defined in section 13.46, subdivision 
118.30 	1, paragraph (c), in order to arrange for services upon discharge and may share private data 
118.31 	as necessary to carry out the following:
118.32 	(1) providing assistance in filling out an application for medical assistance or 
118.33 	MinnesotaCare;
119.1 	(2) making a referral for case management as outlined under section 245.467, subdivision 
119.2 	4;
119.3 	(3) providing assistance in obtaining a state photo identification;
119.4 	(4) securing a timely appointment with a psychiatrist or other appropriate community 
119.5 	mental health provider;
119.6 	(5) providing prescriptions for a 30-day supply of all necessary medications; or
119.7 	(6) behavioral health service coordination.

119.8 	Sec. 14. Laws 2017, First Special Session chapter 6, article 8, section 71, the effective 
119.9 	date, is amended to read:

119.10 	EFFECTIVE DATE. This section is effective for services provided on July 1, 2017, 
119.11 	through April 30, 2019, and expires May 1, 2019 June 30, 2019, and expires July 1, 2019.

119.12 	Sec. 15. Laws 2017, First Special Session chapter 6, article 8, section 72, the effective 
119.13 	date, is amended to read:

119.14 	EFFECTIVE DATE. This section is effective for services provided on July 1, 2017, 
119.15 	through April 30, 2019, and expires May 1, 2019 June 30, 2019, and expires July 1, 2019.

119.16 	Sec. 16. Laws 2017, First Special Session chapter 6, article 8, section 74, is amended to 
119.17 	read:
119.18 	Sec. 74. CHILDREN'S MENTAL HEALTH REPORT AND 
119.19 	RECOMMENDATIONS.
 119.20 	The commissioner of human services shall conduct a comprehensive analysis of 
119.21 	Minnesota's continuum of intensive mental health services and shall develop 
119.22 	recommendations for a sustainable and community-driven continuum of care for children 
119.23 	with serious mental health needs, including children currently being served in residential 
119.24 	treatment. The commissioner's analysis shall include, but not be limited to:
119.25 	(1) data related to access, utilization, efficacy, and outcomes for Minnesota's current 
119.26 	system of residential mental health treatment for a child with a severe emotional disturbance;
119.27 	(2) potential expansion of the state's psychiatric residential treatment facility (PRTF) 
119.28 	capacity, including increasing the number of PRTF beds and conversion of existing children's 
119.29 	mental health residential treatment programs into PRTFs;
120.1 	(3) the capacity need for PRTF and other group settings within the state if adequate 
120.2 	community-based alternatives are accessible, equitable, and effective statewide;
120.3 	(4) recommendations for expanding alternative community-based service models to 
120.4 	meet the needs of a child with a serious mental health disorder who would otherwise require 
120.5 	residential treatment and potential service models that could be utilized, including data 
120.6 	related to access, utilization, efficacy, and outcomes;
120.7 	(5) models of care used in other states; and
120.8 	(6) analysis and specific recommendations for the design and implementation of new 
120.9 	service models, including analysis to inform rate setting as necessary.
120.10 	The analysis shall be supported and informed by extensive stakeholder engagement. 
120.11 	Stakeholders include individuals who receive services, family members of individuals who 
120.12 	receive services, providers, counties, health plans, advocates, and others. Stakeholder 
120.13 	engagement shall include interviews with key stakeholders, intentional outreach to individuals 
120.14 	who receive services and the individual's family members, and regional listening sessions.
120.15 	The commissioner shall provide a report with specific recommendations and timelines 
120.16 	for implementation to the legislative committees with jurisdiction over children's mental 
120.17 	health policy and finance by November 15, 2018 January 15, 2019.

120.18 	
ARTICLE 4120.19 	OPIOIDS AND PRESCRIPTION DRUGS

120.20 	Section 1. Minnesota Statutes 2016, section 8.31, subdivision 1, is amended to read:
120.21 		Subdivision 1.Investigate offenses against provisions of certain designated sections; 
120.22 	assist in enforcement. The attorney general shall investigate violations of the law of this 
120.23 	state respecting unfair, discriminatory, and other unlawful practices in business, commerce, 
120.24 	or trade, and specifically, but not exclusively, prohibition against price gouging for essential 
120.25 	off-patent or generic drugs (section 151.462), the Nonprofit Corporation Act (sections 
120.26 	317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections 
120.27 	325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16), 
120.28 	the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against 
120.29 	false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67, 
120.30 	the act against monopolization of food products (section 325D.68), the act regulating 
120.31 	telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act 
120.32 	(sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges and assist 
120.33 	in the enforcement of those laws as in this section provided.

121.1 	EFFECTIVE DATE. This section is effective July 1, 2018.

121.2 	Sec. 2. [62Q.184] STEP THERAPY OVERRIDE.
121.3 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms in this 
121.4 	subdivision have the meanings given them.
121.5 	(b) "Clinical practice guideline" means a systematically developed statement to assist 
121.6 	health care providers and enrollees in making decisions about appropriate health care services 
121.7 	for specific clinical circumstances and conditions developed independently of a health plan 
121.8 	company, pharmaceutical manufacturer, or any entity with a conflict of interest.
121.9 	(c) "Clinical review criteria" means the written screening procedures, decision abstracts, 
121.10 	clinical protocols, and clinical practice guidelines used by a health plan company to determine 
121.11 	the medical necessity and appropriateness of health care services.
121.12 	(d) "Health plan company" has the meaning given in section 62Q.01, subdivision 4, but 
121.13 	does not include a managed care organization or county-based purchasing plan participating 
121.14 	in a public program under chapters 256B or 256L, or an integrated health partnership under 
121.15 	section 256B.0755.
121.16 	(e) "Step therapy protocol" means a protocol or program that establishes the specific 
121.17 	sequence in which prescription drugs for a specified medical condition, including 
121.18 	self-administered and physician-administered drugs, are medically appropriate for a particular 
121.19 	enrollee and are covered under a health plan.
121.20 	(f) "Step therapy override" means that the step therapy protocol is overridden in favor 
121.21 	of coverage of the selected prescription drug of the prescribing health care provider because 
121.22 	at least one of the conditions of subdivision 3, paragraph (a), exists.
121.23 		Subd. 2.Establishment of a step therapy protocol. A health plan company shall 
121.24 	consider available recognized evidence-based and peer-reviewed clinical practice guidelines 
121.25 	when establishing a step therapy protocol. Upon written request of an enrollee, a health plan 
121.26 	company shall provide any clinical review criteria applicable to a specific prescription drug 
121.27 	covered by the health plan.
121.28 		Subd. 3.Step therapy override process; transparency. (a) When coverage of a 
121.29 	prescription drug for the treatment of a medical condition is restricted for use by a health 
121.30 	plan company through the use of a step therapy protocol, enrollees and prescribing health 
121.31 	care providers shall have access to a clear, readily accessible, and convenient process to 
121.32 	request a step therapy override. The process shall be made easily accessible on the health 
121.33 	plan company's Web site. A health plan company may use its existing medical exceptions 
122.1 	process to satisfy this requirement. A health plan company shall grant an override to the 
122.2 	step therapy protocol if at least one of the following conditions exist:
122.3 	(1) the prescription drug required under the step therapy protocol is contraindicated 
122.4 	pursuant to the pharmaceutical manufacturer's prescribing information for the drug or, due 
122.5 	to a documented adverse event with a previous use or a documented medical condition, 
122.6 	including a comorbid condition, is likely to do any of the following:
122.7 	(i) cause an adverse reaction to the enrollee;
122.8 	(ii) decrease the ability of the enrollee to achieve or maintain reasonable functional 
122.9 	ability in performing daily activities; or
122.10 	(iii) cause physical or mental harm to the enrollee;
122.11 	(2) the enrollee has had a trial of the required prescription drug covered by their current 
122.12 	or previous health plan, or another prescription drug in the same pharmacologic class or 
122.13 	with the same mechanism of action, and was adherent during such trial for a period of time 
122.14 	sufficient to allow for a positive treatment outcome, and the prescription drug was 
122.15 	discontinued by the enrollee's health care provider due to lack of effectiveness, or an adverse 
122.16 	event. This clause does not prohibit a health plan company from requiring an enrollee to 
122.17 	try another drug in the same pharmacologic class or with the same mechanism of action if 
122.18 	that therapy sequence is supported by the evidence-based and peer-reviewed clinical practice 
122.19 	guideline, Food and Drug Administration label, or pharmaceutical manufacturer's prescribing 
122.20 	information; or
122.21 	(3) the enrollee is currently receiving a positive therapeutic outcome on a prescription 
122.22 	drug for the medical condition under consideration if, while on their current health plan or 
122.23 	the immediately preceding health plan, the enrollee received coverage for the prescription 
122.24 	drug and the enrollee's prescribing health care provider gives documentation to the health 
122.25 	plan company that the change in prescription drug required by the step therapy protocol is 
122.26 	expected to be ineffective or cause harm to the enrollee based on the known characteristics 
122.27 	of the specific enrollee and the known characteristics of the required prescription drug.
122.28 	(b) Upon granting a step therapy override, a health plan company shall authorize coverage 
122.29 	for the prescription drug if the prescription drug is a covered prescription drug under the 
122.30 	enrollee's health plan.
122.31 	(c) The enrollee, or the prescribing health care provider if designated by the enrollee, 
122.32 	may appeal the denial of a step therapy override by a health plan company using the 
122.33 	complaint procedure under sections 62Q.68 to 62Q.73.
123.1 	(d) In a denial of an override request and any subsequent appeal, a health plan company's 
123.2 	decision must specifically state why the step therapy override request did not meet the 
123.3 	condition under paragraph (a) cited by the prescribing health care provider in requesting 
123.4 	the step therapy override and information regarding the procedure to request external review 
123.5 	of the denial pursuant to section 62Q.73. A denial of a request for a step therapy override 
123.6 	that is upheld on appeal is a final adverse determination for purposes of section 62Q.73 and 
123.7 	is eligible for a request for external review by an enrollee pursuant to section 62Q.73.
123.8 	(e) A health plan company shall respond to a step therapy override request or an appeal 
123.9 	within five days of receipt of a complete request. In cases where exigent circumstances 
123.10 	exist, a health plan company shall respond within 72 hours of receipt of a complete request. 
123.11 	If a health plan company does not send a response to the enrollee or prescribing health care 
123.12 	provider if designated by the enrollee within the time allotted, the override request or appeal 
123.13 	is granted and binding on the health plan company.
123.14 	(f) Step therapy override requests must be accessible to and submitted by health care 
123.15 	providers, and accepted by group purchasers electronically through secure electronic 
123.16 	transmission, as described under section 62J.497, subdivision 5.
123.17 	(g) Nothing in this section prohibits a health plan company from:
123.18 	(1) requesting relevant documentation from an enrollee's medical record in support of 
123.19 	a step therapy override request; or
123.20 	(2) requiring an enrollee to try a generic equivalent drug pursuant to section 151.21, or 
123.21 	a biosimilar, as defined under United States Code, title 42, section 262(i)(2), prior to 
123.22 	providing coverage for the equivalent branded prescription drug.
123.23 	(h) This section shall not be construed to allow the use of a pharmaceutical sample for 
123.24 	the primary purpose of meeting the requirements for a step therapy override.

123.25 	EFFECTIVE DATE. This section is effective January 1, 2019, and applies to health 
123.26 	plans offered, issued, or sold on or after that date.

123.27 	Sec. 3. Minnesota Statutes 2016, section 151.071, subdivision 2, is amended to read:
123.28 		Subd. 2.Grounds for disciplinary action. The following conduct is prohibited and is 
123.29 	grounds for disciplinary action:
123.30 	(1) failure to demonstrate the qualifications or satisfy the requirements for a license or 
123.31 	registration contained in this chapter or the rules of the board. The burden of proof is on 
123.32 	the applicant to demonstrate such qualifications or satisfaction of such requirements;
124.1 	(2) obtaining a license by fraud or by misleading the board in any way during the 
124.2 	application process or obtaining a license by cheating, or attempting to subvert the licensing 
124.3 	examination process. Conduct that subverts or attempts to subvert the licensing examination 
124.4 	process includes, but is not limited to: (i) conduct that violates the security of the examination 
124.5 	materials, such as removing examination materials from the examination room or having 
124.6 	unauthorized possession of any portion of a future, current, or previously administered 
124.7 	licensing examination; (ii) conduct that violates the standard of test administration, such as 
124.8 	communicating with another examinee during administration of the examination, copying 
124.9 	another examinee's answers, permitting another examinee to copy one's answers, or 
124.10 	possessing unauthorized materials; or (iii) impersonating an examinee or permitting an 
124.11 	impersonator to take the examination on one's own behalf;
124.12 	(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a pharmacist 
124.13 	or pharmacy license, or applicant for a pharmacy technician or pharmacist intern registration, 
124.14 	conviction of a felony reasonably related to the practice of pharmacy. Conviction as used 
124.15 	in this subdivision includes a conviction of an offense that if committed in this state would 
124.16 	be deemed a felony without regard to its designation elsewhere, or a criminal proceeding 
124.17 	where a finding or verdict of guilt is made or returned but the adjudication of guilt is either 
124.18 	withheld or not entered thereon. The board may delay the issuance of a new license or 
124.19 	registration if the applicant has been charged with a felony until the matter has been 
124.20 	adjudicated;
124.21 	(4) for a facility, other than a pharmacy, licensed or registered by the board, if an owner 
124.22 	or applicant is convicted of a felony reasonably related to the operation of the facility. The 
124.23 	board may delay the issuance of a new license or registration if the owner or applicant has 
124.24 	been charged with a felony until the matter has been adjudicated;
124.25 	(5) for a controlled substance researcher, conviction of a felony reasonably related to 
124.26 	controlled substances or to the practice of the researcher's profession. The board may delay 
124.27 	the issuance of a registration if the applicant has been charged with a felony until the matter 
124.28 	has been adjudicated;
124.29 	(6) disciplinary action taken by another state or by one of this state's health licensing 
124.30 	agencies:
124.31 	(i) revocation, suspension, restriction, limitation, or other disciplinary action against a 
124.32 	license or registration in another state or jurisdiction, failure to report to the board that 
124.33 	charges or allegations regarding the person's license or registration have been brought in 
124.34 	another state or jurisdiction, or having been refused a license or registration by any other 
125.1 	state or jurisdiction. The board may delay the issuance of a new license or registration if an 
125.2 	investigation or disciplinary action is pending in another state or jurisdiction until the 
125.3 	investigation or action has been dismissed or otherwise resolved; and
125.4 	(ii) revocation, suspension, restriction, limitation, or other disciplinary action against a 
125.5 	license or registration issued by another of this state's health licensing agencies, failure to 
125.6 	report to the board that charges regarding the person's license or registration have been 
125.7 	brought by another of this state's health licensing agencies, or having been refused a license 
125.8 	or registration by another of this state's health licensing agencies. The board may delay the 
125.9 	issuance of a new license or registration if a disciplinary action is pending before another 
125.10 	of this state's health licensing agencies until the action has been dismissed or otherwise 
125.11 	resolved;
125.12 	(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation of 
125.13 	any order of the board, of any of the provisions of this chapter or any rules of the board or 
125.14 	violation of any federal, state, or local law or rule reasonably pertaining to the practice of 
125.15 	pharmacy;
125.16 	(8) for a facility, other than a pharmacy, licensed by the board, violations of any order 
125.17 	of the board, of any of the provisions of this chapter or the rules of the board or violation 
125.18 	of any federal, state, or local law relating to the operation of the facility;
125.19 	(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the 
125.20 	public, or demonstrating a willful or careless disregard for the health, welfare, or safety of 
125.21 	a patient; or pharmacy practice that is professionally incompetent, in that it may create 
125.22 	unnecessary danger to any patient's life, health, or safety, in any of which cases, proof of 
125.23 	actual injury need not be established;
125.24 	(10) aiding or abetting an unlicensed person in the practice of pharmacy, except that it 
125.25 	is not a violation of this clause for a pharmacist to supervise a properly registered pharmacy 
125.26 	technician or pharmacist intern if that person is performing duties allowed by this chapter 
125.27 	or the rules of the board;
125.28 	(11) for an individual licensed or registered by the board, adjudication as mentally ill 
125.29 	or developmentally disabled, or as a chemically dependent person, a person dangerous to 
125.30 	the public, a sexually dangerous person, or a person who has a sexual psychopathic 
125.31 	personality, by a court of competent jurisdiction, within or without this state. Such 
125.32 	adjudication shall automatically suspend a license for the duration thereof unless the board 
125.33 	orders otherwise;
126.1 	(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as specified 
126.2 	in the board's rules. In the case of a pharmacy technician, engaging in conduct specified in 
126.3 	board rules that would be unprofessional if it were engaged in by a pharmacist or pharmacist 
126.4 	intern or performing duties specifically reserved for pharmacists under this chapter or the 
126.5 	rules of the board;
126.6 	(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on 
126.7 	duty except as allowed by a variance approved by the board;
126.8 	(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and safety 
126.9 	to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other 
126.10 	type of material or as a result of any mental or physical condition, including deterioration 
126.11 	through the aging process or loss of motor skills. In the case of registered pharmacy 
126.12 	technicians, pharmacist interns, or controlled substance researchers, the inability to carry 
126.13 	out duties allowed under this chapter or the rules of the board with reasonable skill and 
126.14 	safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or 
126.15 	any other type of material or as a result of any mental or physical condition, including 
126.16 	deterioration through the aging process or loss of motor skills;
126.17 	(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical gas 
126.18 	distributor, or controlled substance researcher, revealing a privileged communication from 
126.19 	or relating to a patient except when otherwise required or permitted by law;
126.20 	(16) for a pharmacist or pharmacy, improper management of patient records, including 
126.21 	failure to maintain adequate patient records, to comply with a patient's request made pursuant 
126.22 	to sections 144.291 to 144.298, or to furnish a patient record or report required by law;
126.23 	(17) fee splitting, including without limitation:
126.24 	(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, 
126.25 	kickback, or other form of remuneration, directly or indirectly, for the referral of patients; 
126.26 	and
126.27 	(ii) referring a patient to any health care provider as defined in sections 144.291 to 
126.28 	144.298 in which the licensee or registrant has a financial or economic interest as defined 
126.29 	in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the 
126.30 	licensee's or registrant's financial or economic interest in accordance with section 144.6521;
126.31 	(18) engaging in abusive or fraudulent billing practices, including violations of the 
126.32 	federal Medicare and Medicaid laws or state medical assistance laws or rules;
127.1 	(19) engaging in conduct with a patient that is sexual or may reasonably be interpreted 
127.2 	by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning 
127.3 	to a patient;
127.4 	(20) failure to make reports as required by section 151.072 or to cooperate with an 
127.5 	investigation of the board as required by section 151.074;
127.6 	(21) knowingly providing false or misleading information that is directly related to the 
127.7 	care of a patient unless done for an accepted therapeutic purpose such as the dispensing and 
127.8 	administration of a placebo;
127.9 	(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
127.10 	established by any of the following:
127.11 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation 
127.12 	of section 609.215, subdivision 1 or 2;
127.13 	(ii) a copy of the record of a judgment of contempt of court for violating an injunction 
127.14 	issued under section 609.215, subdivision 4;
127.15 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
127.16 	subdivision 5; or
127.17 	(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2. 
127.18 	The board shall investigate any complaint of a violation of section 609.215, subdivision 1 
127.19 	or 2;
127.20 	(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. For 
127.21 	a pharmacist intern, pharmacy technician, or controlled substance researcher, performing 
127.22 	duties permitted to such individuals by this chapter or the rules of the board under a lapsed 
127.23 	or nonrenewed registration. For a facility required to be licensed under this chapter, operation 
127.24 	of the facility under a lapsed or nonrenewed license or registration; and
127.25 	(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or discharge 
127.26 	from the health professionals services program for reasons other than the satisfactory 
127.27 	completion of the program; and
127.28 	(25) for a manufacturer or wholesale drug distributor, a violation of section 151.462.

127.29 	EFFECTIVE DATE. This section is effective July 1, 2018.

128.1 	Sec. 4. Minnesota Statutes 2016, section 151.214, subdivision 2, is amended to read:
128.2 		Subd. 2.No prohibition on disclosure. No contracting agreement between an 
128.3 	employer-sponsored health plan or health plan company, or its contracted pharmacy benefit 
128.4 	manager, and a resident or nonresident pharmacy registered licensed under this chapter, 
128.5 	may prohibit the:
128.6 	(1) a pharmacy from disclosing to patients information a pharmacy is required or given 
128.7 	the option to provide under subdivision 1; or
128.8 	(2) a pharmacist from informing a patient when the amount the patient is required to 
128.9 	pay under the patient's health plan for a particular drug is greater than the amount the patient 
128.10 	would be required to pay for the same drug if purchased out-of-pocket at the pharmacy's 
128.11 	usual and customary price.

128.12 	Sec. 5. [151.462] PROHIBITION AGAINST PRICE GOUGING FOR ESSENTIAL 
128.13 	OFF-PATENT OR GENERIC DRUGS.
128.14 		Subdivision 1.Definitions. (a) For purposes of this section, the following definitions 
128.15 	apply.
128.16 	(b) "Essential off-patent or generic drug" means any prescription drug:
128.17 	(1) for which all exclusive marketing rights, if any, granted under the federal Food, 
128.18 	Drug, and Cosmetic Act, United States Code, title 21, chapter 9; section 351 of the federal 
128.19 	Public Health Service Act, United States Code, title 42, section 262; and federal patent law 
128.20 	have expired;
128.21 	(2) that has been designated by the board or commissioner of human services as an 
128.22 	essential medicine due to its efficacy in treating a life-threatening health condition or a 
128.23 	chronic health condition that substantially impairs an individual's ability to engage in 
128.24 	activities of daily living;
128.25 	(3) that is actively manufactured and marketed for sale in the United States by three or 
128.26 	fewer manufacturers; and
128.27 	(4) that is made available for sale in the state of Minnesota.
128.28 	Essential off-patent or generic drug includes any drug-device combination product used for 
128.29 	the delivery of a drug for which all exclusive marketing rights, if any, granted under the 
128.30 	federal Food, Drug, and Cosmetic Act, section 351 of the federal Public Health Service 
128.31 	Act, and federal patent law have expired.
128.32 	(c) "Health plan company" has the meaning provided in section 62Q.01, subdivision 4.
129.1 	(d) "Price gouging" means an unconscionable increase in the price of a prescription 
129.2 	drug.
129.3 	(e) "Unconscionable increase" means an increase in the price of a prescription drug that:
129.4 	(1) is excessive and not justified by the cost of producing the drug or the cost of 
129.5 	appropriate expansion of access to the drug to promote public health; and
129.6 	(2) results in consumers for whom the drug has been prescribed, the commissioner of 
129.7 	human services, and health plan companies having no meaningful choice about whether to 
129.8 	purchase the drug at an excessive price because of:
129.9 	(i) the importance of the drug to the health of the consumer; and
129.10 	(ii) insufficient competition in the market for the drug.
129.11 	(f) "Wholesale acquisition cost" has the meaning given in United States Code, title 42, 
129.12 	section 1395w-3a.
129.13 		Subd. 2.Prohibition. A manufacturer or wholesale drug distributor may not engage in 
129.14 	price gouging in the sale of an essential off-patent or generic drug. It is not a violation of 
129.15 	this subdivision for a wholesale drug distributor to increase the price of an essential off-patent 
129.16 	or generic drug if the price increase is directly attributable to additional costs for the drug 
129.17 	imposed on the wholesale drug distributor by the manufacturer of the drug.
129.18 		Subd. 3.Notification of attorney general. (a) The board, the commissioner of human 
129.19 	services, or a health plan company may notify the attorney general of any increase in the 
129.20 	price of an essential off-patent or generic drug when:
129.21 	(1) the price increase, by itself or in combination with other price increases:
129.22 	(i) would result in an increase of 50 percent or more, compared to the preceding one-year 
129.23 	period, in the wholesale acquisition cost of the drug or other relevant measure of drug cost; 
129.24 	or
129.25 	(ii) would result in an increase of 50 percent or more in the price paid by the medical 
129.26 	assistance or MinnesotaCare programs, or the health plan company, for the drug compared 
129.27 	to the preceding one-year period; and
129.28 	(2)(i) a 30-day supply of the maximum recommended dosage of the drug for any 
129.29 	indication, according to the label for the drug approved under the federal Food, Drug, and 
129.30 	Cosmetic Act, would cost more than $80 at the drug's wholesale acquisition cost;
130.1 	(ii) a full course of treatment with the drug, according to the label for the drug approved 
130.2 	under the federal Food, Drug, and Cosmetic Act, would cost more than $80 at the drug's 
130.3 	wholesale acquisition cost; or
130.4 	(iii) if the drug is made available to consumers only in quantities that do not correspond 
130.5 	to a 30-day supply, a full course of treatment, or a single dose, it would cost more than $80 
130.6 	at the drug's wholesale acquisition cost to obtain a 30-day supply or a full course of treatment.
130.7 	The commissioner of human services and the health plan company shall notify the board 
130.8 	of any notification to the attorney general provided under this paragraph.
130.9 	(b) On request of the attorney general, the manufacturer of an essential off-patent or 
130.10 	generic drug identified in a notice under paragraph (a) shall, within 45 days after the request, 
130.11 	submit a statement to the attorney general:
130.12 	(1) itemizing the components of the cost of producing the drug;
130.13 	(2) identifying the circumstances and timing of any increase in materials or manufacturing 
130.14 	costs that caused any increase in the price of the drug within the one-year period preceding 
130.15 	the date of the price increase;
130.16 	(3) identifying the circumstances and timing of any expenditures made by the 
130.17 	manufacturer to expand access to the drug and explaining any improvement in public health 
130.18 	associated with those expenditures; and
130.19 	(4) providing any other information that the manufacturer believes to be relevant to a 
130.20 	determination of whether a violation of this section has occurred.
130.21 	(c) The attorney general may require a manufacturer or a wholesale drug distributor to 
130.22 	produce any records or other documents that may be relevant to a determination of whether 
130.23 	a violation of this section has occurred. The attorney general or a person may use the powers 
130.24 	and procedures provided in this section or section 8.31.
130.25 	(d) The attorney general may not bring an action for a remedy under paragraph (c) unless 
130.26 	the attorney general has provided the manufacturer or wholesale drug distributor an 
130.27 	opportunity to meet with the attorney general to offer a justification for the increase in the 
130.28 	price of the essential off-patent or generic drug.
130.29 	(e) The attorney general shall make any information provided by a health plan company, 
130.30 	manufacturer, or wholesale drug distributor under paragraphs (a), (b), and (c) available to 
130.31 	the board upon request. Any information provided by a health plan company, manufacturer, 
130.32 	or wholesale drug distributor to the attorney general under paragraphs (a), (b), and (c) shall 
130.33 	be treated as nonpublic data under section 13.02, subdivision 9, unless the nonpublic 
131.1 	classification of the information is waived by the health plan company, manufacturer, or 
131.2 	wholesale drug distributor.
131.3 	(f) In any action brought by the attorney general under paragraph (c), a person who is 
131.4 	alleged to have violated a requirement of this section may not assert as a defense that the 
131.5 	person did not deal directly with a consumer residing in the state.
131.6 		Subd. 4.Private right of action. In addition to remedies otherwise provided by law, 
131.7 	any person injured by a violation of this section may bring a civil action and recover damages, 
131.8 	together with costs and disbursements, including costs of investigation and reasonable 
131.9 	attorney fees, and receive other equitable relief as determined by the court. The court may, 
131.10 	as appropriate, enter a consent judgment or decree without the finding of illegality. Any 
131.11 	civil action brought under this subdivision is for the benefit of the public.
131.12 		Subd. 5.Personal financial liability. Notwithstanding section 3.736, the attorney general 
131.13 	shall be personally financially liable for all legal costs to the state resulting from any legal 
131.14 	proceeding that results in a state or federal court ruling that this section is not constitutional.

131.15 	EFFECTIVE DATE. This section is effective contingent upon certification by the 
131.16 	attorney general under section 12, that the criteria in clause (1) of that section are satisfied, 
131.17 	but no earlier than July 1, 2018.

131.18 	Sec. 6. [151.555] PRESCRIPTION DRUG REPOSITORY PROGRAM.
131.19 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in this 
131.20 	subdivision have the meanings given.
131.21 	(b) "Central repository" means a wholesale distributor that meets the requirements under 
131.22 	subdivision 3 and enters into a contract with the Board of Pharmacy in accordance with this 
131.23 	section.
131.24 	(c) "Distribute" means to deliver, other than by administering or dispensing.
131.25 	(d) "Donor" means:
131.26 	(1) a health care facility as defined in this subdivision;
131.27 	(2) a skilled nursing facility licensed under chapter 144A;
131.28 	(3) an assisted living facility registered under chapter 144D where there is centralized 
131.29 	storage of drugs and 24-hour on-site licensed nursing coverage provided seven days a week;
131.30 	(4) a pharmacy licensed under section 151.19, and located either in the state or outside 
131.31 	the state;
132.1 	(5) a drug wholesaler licensed under section 151.47; or
132.2 	(6) a drug manufacturer licensed under section 151.252.
132.3 	(e) "Drug" means any prescription drug that has been approved for medical use in the 
132.4 	United States, is listed in the United States Pharmacopoeia or National Formulary, and 
132.5 	meets the criteria established under this section for donation. This definition includes cancer 
132.6 	drugs and antirejection drugs, but does not include controlled substances, as defined in 
132.7 	section 152.01, subdivision 4, or a prescription drug that can only be dispensed to a patient 
132.8 	registered with the drug's manufacturer in accordance with federal Food and Drug 
132.9 	Administration requirements.
132.10 	(f) "Health care facility" means:
132.11 	(1) a physician's office or health care clinic where licensed practitioners provide health 
132.12 	care to patients;
132.13 	(2) a hospital licensed under section 144.50;
132.14 	(3) a pharmacy licensed under section 151.19 and located in Minnesota; or
132.15 	(4) a nonprofit community clinic, including a federally qualified health center; a rural 
132.16 	health clinic; public health clinic; or other community clinic that provides health care utilizing 
132.17 	a sliding fee scale to patients who are low-income, uninsured, or underinsured.
132.18 	(g) "Local repository" means a health care facility that elects to accept donated drugs 
132.19 	and medical supplies and meets the requirements of subdivision 4.
132.20 	(h) "Medical supplies" or "supplies" means any prescription and nonprescription medical 
132.21 	supply needed to administer a prescription drug.
132.22 	(i) "Original, sealed, unopened, tamper-evident packaging" means packaging that is 
132.23 	sealed, unopened, and tamper-evident, including a manufacturer's original unit dose or 
132.24 	unit-of-use container, a repackager's original unit dose or unit-of-use container, or unit-dose 
132.25 	packaging prepared by a licensed pharmacy according to the standards of Minnesota Rules, 
132.26 	part 6800.3750.
132.27 	(j) "Practitioner" has the meaning given in section 151.01, subdivision 23, except that 
132.28 	it does not include a veterinarian.
132.29 		Subd. 2.Establishment. By January 1, 2019, the Board of Pharmacy shall establish a 
132.30 	drug repository program, through which donors may donate a drug or medical supply for 
132.31 	use by an individual who meets the eligibility criteria specified under subdivision 5. The 
133.1 	board shall contract with a central repository that meets the requirements of subdivision 3 
133.2 	to implement and administer the prescription drug repository program.
133.3 		Subd. 3.Central repository requirements. (a) The board shall publish a request for 
133.4 	proposal for participants who meet the requirements of this subdivision and are interested 
133.5 	in acting as the central repository for the drug repository program. The board shall follow 
133.6 	all applicable state procurement procedures in the selection process.
133.7 	(b) To be eligible to act as the central repository, the participant must be a wholesale 
133.8 	drug distributor located in Minnesota, licensed pursuant to section 151.47, and in compliance 
133.9 	with all applicable federal and state statutes, rules, and regulations.
133.10 	(c) The central repository shall be subject to inspection by the board pursuant to section 
133.11 	151.06, subdivision 1.
133.12 		Subd. 4.Local repository requirements. (a) To be eligible for participation in the drug 
133.13 	repository program, a health care facility must agree to comply with all applicable federal 
133.14 	and state laws, rules, and regulations pertaining to the drug repository program, drug storage, 
133.15 	and dispensing. The facility must also agree to maintain in good standing any required state 
133.16 	license or registration that may apply to the facility.
133.17 	(b) A local repository may elect to participate in the program by submitting the following 
133.18 	information to the central repository on a form developed by the board and made available 
133.19 	on the board's Web site:
133.20 	(1) the name, street address, and telephone number of the health care facility and any 
133.21 	state-issued license or registration number issued to the facility, including the issuing state 
133.22 	agency;
133.23 	(2) the name and telephone number of a responsible pharmacist or practitioner who is 
133.24 	employed by or under contract with the health care facility; and
133.25 	(3) a statement signed and dated by the responsible pharmacist or practitioner indicating 
133.26 	that the health care facility meets the eligibility requirements under this section and agrees 
133.27 	to comply with this section.
133.28 	(c) Participation in the drug repository program is voluntary. A local repository may 
133.29 	withdraw from participation in the drug repository program at any time by providing written 
133.30 	notice to the central repository on a form developed by the board and made available on 
133.31 	the board's Web site. The central repository shall provide the board with a copy of the 
133.32 	withdrawal notice within ten business days from the date of receipt of the withdrawal notice.
134.1 		Subd. 5.Individual eligibility and application requirements. (a) To be eligible for 
134.2 	the drug repository program, an individual must submit to a local repository an intake 
134.3 	application form that is signed by the individual and attests that the individual:
134.4 	(1) is a resident of Minnesota;
134.5 	(2) is uninsured, has no prescription drug coverage, or is underinsured;
134.6 	(3) acknowledges that the drugs or medical supplies to be received through the program 
134.7 	may have been donated; and
134.8 	(4) consents to a waiver of the child-resistant packaging requirements of the federal 
134.9 	Poison Prevention Packaging Act.
134.10 	(b) Upon determining that an individual is eligible for the program, the local repository 
134.11 	shall furnish the individual with an identification card. The card shall be valid for one year 
134.12 	from the date of issuance and may be used at any local repository. A new identification card 
134.13 	may be issued upon expiration once the individual submits a new application form.
134.14 	(c) The local repository shall send a copy of the intake application form to the central 
134.15 	repository by regular mail, facsimile, or secured e-mail within ten days from the date the 
134.16 	application is approved by the local repository.
134.17 	(d) The board shall develop and make available on the board's Web site an application 
134.18 	form and the format for the identification card.
134.19 		Subd. 6.Standards and procedures for accepting donations of drugs and supplies.
 134.20 	(a) A donor may donate prescription drugs or medical supplies to the central repository or 
134.21 	a local repository if the drug or supply meets the requirements of this section as determined 
134.22 	by a pharmacist or practitioner who is employed by or under contract with the central 
134.23 	repository or a local repository.
134.24 	(b) A prescription drug is eligible for donation under the drug repository program if the 
134.25 	following requirements are met:
134.26 	(1) the donation is accompanied by a drug repository donor form described under 
134.27 	paragraph (d) that is signed by an individual who is authorized by the donor to attest to the 
134.28 	donor's knowledge in accordance with paragraph (d);
134.29 	(2) the drug's expiration date is at least six months after the date the drug was donated. 
134.30 	If a donated drug bears an expiration date that is less than six months from the donation 
134.31 	date, the drug may be accepted and distributed if the drug is in high demand and can be 
134.32 	dispensed for use by a patient before the drug's expiration date;
135.1 	(3) the drug is in its original, sealed, unopened, tamper-evident packaging that includes 
135.2 	the expiration date. Single-unit-dose drugs may be accepted if the single-unit-dose packaging 
135.3 	is unopened;
135.4 	(4) the drug or the packaging does not have any physical signs of tampering, misbranding, 
135.5 	deterioration, compromised integrity, or adulteration;
135.6 	(5) the drug does not require storage temperatures other than normal room temperature 
135.7 	as specified by the manufacturer or United States Pharmacopoeia, unless the drug is being 
135.8 	donated directly by its manufacturer, a wholesale drug distributor, or a pharmacy located 
135.9 	in Minnesota; and
135.10 	(6) the prescription drug is not a controlled substance.
135.11 	(c) A medical supply is eligible for donation under the drug repository program if the 
135.12 	following requirements are met:
135.13 	(1) the supply has no physical signs of tampering, misbranding, or alteration and there 
135.14 	is no reason to believe it has been adulterated, tampered with, or misbranded;
135.15 	(2) the supply is in its original, unopened, sealed packaging;
135.16 	(3) the donation is accompanied by a drug repository donor form described under 
135.17 	paragraph (d) that is signed by an individual who is authorized by the donor to attest to the 
135.18 	donor's knowledge in accordance with paragraph (d); and
135.19 	(4) if the supply bears an expiration date, the date is at least six months later than the 
135.20 	date the supply was donated. If the donated supply bears an expiration date that is less than 
135.21 	six months from the date the supply was donated, the supply may be accepted and distributed 
135.22 	if the supply is in high demand and can be dispensed for use by a patient before the supply's 
135.23 	expiration date.
135.24 	(d) The board shall develop the drug repository donor form and make it available on the 
135.25 	board's Web site. The form must state that to the best of the donor's knowledge the donated 
135.26 	drug or supply has been properly stored and that the drug or supply has never been opened, 
135.27 	used, tampered with, adulterated, or misbranded.
135.28 	(e) Donated drugs and supplies may be shipped or delivered to the premises of the central 
135.29 	repository or a local repository, and shall be inspected by a pharmacist or an authorized 
135.30 	practitioner who is employed by or under contract with the repository and who has been 
135.31 	designated by the repository to accept donations. A drop box must not be used to deliver 
135.32 	or accept donations.
136.1 	(f) The central repository and local repository shall inventory all drugs and supplies 
136.2 	donated to the repository. For each drug, the inventory must include the drug's name, strength, 
136.3 	quantity, manufacturer, expiration date, and the date the drug was donated. For each medical 
136.4 	supply, the inventory must include a description of the supply, its manufacturer, the date 
136.5 	the supply was donated, and, if applicable, the supply's brand name and expiration date.
136.6 		Subd. 7.Standards and procedures for inspecting and storing donated prescription 
136.7 	drugs and supplies. (a) A pharmacist or authorized practitioner who is employed by or 
136.8 	under contract with the central repository or a local repository shall inspect all donated 
136.9 	prescription drugs and supplies to determine, to the extent reasonably possible in the 
136.10 	professional judgment of the pharmacist or practitioner, that the drug or supply is not 
136.11 	adulterated or misbranded, has not been tampered with, is safe and suitable for dispensing, 
136.12 	and meets the requirements for donation. The pharmacist or practitioner who inspects the 
136.13 	drugs or supplies shall sign an inspection record stating that the requirements for donation 
136.14 	have been met. If a local repository receives drugs and supplies from the central repository, 
136.15 	the local repository does not need to reinspect the drugs and supplies.
136.16 	(b) The central repository and local repositories shall store donated drugs and supplies 
136.17 	in a secure storage area under environmental conditions appropriate for the drug or supply 
136.18 	being stored. Donated drugs and supplies may not be stored with nondonated inventory. If 
136.19 	donated drugs or supplies are not inspected immediately upon receipt, a repository must 
136.20 	quarantine the donated drugs or supplies separately from all dispensing stock until the 
136.21 	donated drugs or supplies have been inspected and approved for dispensing under the 
136.22 	program.
136.23 	(c) The central repository and local repositories shall dispose of all prescription drugs 
136.24 	and medical supplies that are not suitable for donation in compliance with applicable federal 
136.25 	and state statutes, regulations, and rules concerning hazardous waste.
136.26 	(d) In the event that controlled substances or prescription drugs that can only be dispensed 
136.27 	to a patient registered with the drug's manufacturer are shipped or delivered to a central or 
136.28 	local repository for donation, the shipment delivery must be documented by the repository 
136.29 	and returned immediately to the donor or the donor's representative that provided the drugs.
136.30 	(e) Each repository must develop drug and medical supply recall policies and procedures. 
136.31 	If a repository receives a recall notification, the repository shall destroy all of the drug or 
136.32 	medical supply in its inventory that is the subject of the recall and complete a record of 
136.33 	destruction form in accordance with paragraph (f). If a drug or medical supply that is the 
136.34 	subject of a Class I or Class II recall has been dispensed, the repository shall immediately 
137.1 	notify the recipient of the recalled drug or medical supply. A drug that potentially is subject 
137.2 	to a recall need not be destroyed if its packaging bears a lot number and that lot of the drug 
137.3 	is not subject to the recall. If no lot number is on the drug's packaging, it must be destroyed.
137.4 	(f) A record of destruction of donated drugs and supplies that are not dispensed under 
137.5 	subdivision 8, are subject to a recall under paragraph (e), or are not suitable for donation 
137.6 	shall be maintained by the repository for at least five years. For each drug or supply 
137.7 	destroyed, the record shall include the following information:
137.8 	(1) the date of destruction;
137.9 	(2) the name, strength, and quantity of the drug destroyed; and
137.10 	(3) the name of the person or firm that destroyed the drug.
137.11 		Subd. 8.Dispensing requirements. (a) Donated drugs and supplies may be dispensed 
137.12 	if the drugs or supplies are prescribed by a practitioner for use by an eligible individual and 
137.13 	are dispensed by a pharmacist or practitioner. A repository shall dispense drugs and supplies 
137.14 	to eligible individuals in the following priority order: (1) individuals who are uninsured; 
137.15 	(2) individuals with no prescription drug coverage; and (3) individuals who are underinsured. 
137.16 	A repository shall dispense donated prescription drugs in compliance with applicable federal 
137.17 	and state laws and regulations for dispensing prescription drugs, including all requirements 
137.18 	relating to packaging, labeling, record keeping, drug utilization review, and patient 
137.19 	counseling.
137.20 	(b) Before dispensing or administering a drug or supply, the pharmacist or practitioner 
137.21 	shall visually inspect the drug or supply for adulteration, misbranding, tampering, and date 
137.22 	of expiration. Drugs or supplies that have expired or appear upon visual inspection to be 
137.23 	adulterated, misbranded, or tampered with in any way must not be dispensed or administered.
137.24 	(c) Before a drug or supply is dispensed or administered to an individual, the individual 
137.25 	must sign a drug repository recipient form acknowledging that the individual understands 
137.26 	the information stated on the form. The board shall develop the form and make it available 
137.27 	on the board's Web site. The form must include the following information:
137.28 	(1) that the drug or supply being dispensed or administered has been donated and may 
137.29 	have been previously dispensed;
137.30 	(2) that a visual inspection has been conducted by the pharmacist or practitioner to ensure 
137.31 	that the drug or supply has not expired, has not been adulterated or misbranded, and is in 
137.32 	its original, unopened packaging; and
138.1 	(3) that the dispensing pharmacist, the dispensing or administering practitioner, the 
138.2 	central repository or local repository, the Board of Pharmacy, and any other participant of 
138.3 	the drug repository program cannot guarantee the safety of the drug or medical supply being 
138.4 	dispensed or administered and that the pharmacist or practitioner has determined that the 
138.5 	drug or supply is safe to dispense or administer based on the accuracy of the donor's form 
138.6 	submitted with the donated drug or medical supply and the visual inspection required to be 
138.7 	performed by the pharmacist or practitioner before dispensing or administering.
138.8 		Subd. 9.Handling fees. (a) The central or local repository may charge the individual 
138.9 	receiving a drug or supply a handling fee of no more than 250 percent of the medical 
138.10 	assistance program dispensing fee for each drug or medical supply dispensed or administered 
138.11 	by that repository.
138.12 	(b) A repository that dispenses or administers a drug or medical supply through the drug 
138.13 	repository program shall not receive reimbursement under the medical assistance program 
138.14 	or the MinnesotaCare program for that dispensed or administered drug or supply.
138.15 		Subd. 10.Distribution of donated drugs and supplies. (a) The central repository and 
138.16 	local repositories may distribute drugs and supplies donated under the drug repository 
138.17 	program to other participating repositories for use pursuant to this program.
138.18 	(b) A local repository that elects not to dispense donated drugs or supplies must transfer 
138.19 	all donated drugs and supplies to the central repository. A copy of the donor form that was 
138.20 	completed by the original donor under subdivision 6 must be provided to the central 
138.21 	repository at the time of transfer.
138.22 		Subd. 11.Forms and record-keeping requirements. (a) The following forms developed 
138.23 	for the administration of this program shall be utilized by the participants of the program 
138.24 	and shall be available on the board's Web site:
138.25 	(1) intake application form described under subdivision 5;
138.26 	(2) local repository participation form described under subdivision 4;
138.27 	(3) local repository withdrawal form described under subdivision 4;
138.28 	(4) drug repository donor form described under subdivision 6;
138.29 	(5) record of destruction form described under subdivision 7; and
138.30 	(6) drug repository recipient form described under subdivision 8.
138.31 	(b) All records, including drug inventory, inspection, and disposal of donated prescription 
138.32 	drugs and medical supplies must be maintained by a repository for a minimum of five years. 
139.1 	Records required as part of this program must be maintained pursuant to all applicable 
139.2 	practice acts.
139.3 	(c) Data collected by the drug repository program from all local repositories shall be 
139.4 	submitted quarterly or upon request to the central repository. Data collected may consist of 
139.5 	the information, records, and forms required to be collected under this section.
139.6 	(d) The central repository shall submit reports to the board as required by the contract 
139.7 	or upon request of the board.
139.8 		Subd. 12.Liability. (a) The manufacturer of a drug or supply is not subject to criminal 
139.9 	or civil liability for injury, death, or loss to a person or to property for causes of action 
139.10 	described in clauses (1) and (2). A manufacturer is not liable for:
139.11 	(1) the intentional or unintentional alteration of the drug or supply by a party not under 
139.12 	the control of the manufacturer; or
139.13 	(2) the failure of a party not under the control of the manufacturer to transfer or 
139.14 	communicate product or consumer information or the expiration date of the donated drug 
139.15 	or supply.
139.16 	(b) A health care facility participating in the program, a pharmacist dispensing a drug 
139.17 	or supply pursuant to the program, a practitioner dispensing or administering a drug or 
139.18 	supply pursuant to the program, or a donor of a drug or medical supply is immune from 
139.19 	civil liability for an act or omission that causes injury to or the death of an individual to 
139.20 	whom the drug or supply is dispensed and no disciplinary action by a health-related licensing 
139.21 	board shall be taken against a pharmacist or practitioner so long as the drug or supply is 
139.22 	donated, accepted, distributed, and dispensed according to the requirements of this section. 
139.23 	This immunity does not apply if the act or omission involves reckless, wanton, or intentional 
139.24 	misconduct, or malpractice unrelated to the quality of the drug or medical supply.

139.25 	Sec. 7. Minnesota Statutes 2016, section 151.71, is amended by adding a subdivision to 
139.26 	read:
139.27 		Subd. 3.Lowest cost to consumers. (a) A health plan company or pharmacy benefits 
139.28 	manager shall not require an individual to make a payment at the point of sale for a covered 
139.29 	prescription medication in an amount greater than the allowable cost to consumers, as 
139.30 	defined in paragraph (b).
139.31 	(b) For purposes of paragraph (a), "allowable cost to consumers" means the lowest of: 
139.32 	(1) the applicable co-payment for the prescription medication; or (2) the amount an individual 
140.1 	would pay for the prescription medication if the individual purchased the prescription 
140.2 	medication without using a health plan benefit.

140.3 	Sec. 8. Minnesota Statutes 2017 Supplement, section 152.105, subdivision 2, is amended 
140.4 	to read:
140.5 		Subd. 2.Sheriff to maintain collection receptacle.  The sheriff of each county shall 
140.6 	maintain or contract for the maintenance of at least one collection receptacle for the disposal 
140.7 	of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs, 
140.8 	as permitted by federal law. For purposes of this section, "legend drug" has the meaning 
140.9 	given in section 151.01, subdivision 17. The collection receptacle must comply with federal 
140.10 	law. In maintaining and operating the collection receptacle, the sheriff shall follow all 
140.11 	applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 
140.12 	1307, and 1317, as amended through May 1, 2017. The sheriff of each county may meet 
140.13 	the requirements of this subdivision though the use of an alternative method for the disposal 
140.14 	of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs 
140.15 	that has been approved by the Board of Pharmacy. This may include making available to 
140.16 	the public, without charge, at-home prescription drug deactivation and disposal products 
140.17 	that render drugs and medications inert and irretrievable.

140.18 	Sec. 9. Minnesota Statutes 2016, section 152.11, is amended by adding a subdivision to 
140.19 	read:
140.20 		Subd. 5.Limitations on the dispensing of opioid prescription drug orders. (a) No 
140.21 	prescription drug order for an opioid drug listed in Schedule II may be dispensed by a 
140.22 	pharmacist or other dispenser more than 30 days after the date on which the prescription 
140.23 	drug order was issued.
140.24 	(b) No prescription drug order for an opioid drug listed in Schedules III through V may 
140.25 	be initially dispensed by a pharmacist or other dispenser more than 30 days after the date 
140.26 	on which the prescription drug order was issued. No prescription drug order for an opioid 
140.27 	drug listed in Schedules III through V may be refilled by a pharmacist or other dispenser 
140.28 	more than 45 days after the previous date on which it was dispensed.
140.29 	(c) For purposes of this section, "dispenser" has the meaning given in section 152.126, 
140.30 	subdivision 1.

141.1 	Sec. 10. STUDENT HEALTH INITIATIVE TO LIMIT OPIOID HARM.
 141.2 		Subdivision 1.Grant awards. The commissioner of human services, in consultation 
141.3 	with the commissioner of education, the Board of Trustees of the Minnesota State Colleges 
141.4 	and Universities, the Board of Directors of the Minnesota Private College Council, and the 
141.5 	regents of the University of Minnesota, shall develop and administer a program to award 
141.6 	grants to secondary school students in grades 7 through 12 and undergraduate students 
141.7 	attending a Minnesota postsecondary educational institution, and their community partner 
141.8 	or partners, to conduct opioid awareness and opioid abuse prevention activities. If a grant 
141.9 	proposal includes more than one community partner, the proposal must designate a primary 
141.10 	community partner. Grant applications must be submitted by the primary community partner 
141.11 	and any grant award must be managed by the primary community partner on behalf of 
141.12 	secondary school and undergraduate student applicants and grantees. Grants shall be awarded 
141.13 	for a fiscal year and are onetime.
141.14 		Subd. 2.Grant criteria. (a) Grant dollars may be used for opioid awareness campaigns 
141.15 	and events, education related to opioid addiction and abuse prevention, initiatives to limit 
141.16 	inappropriate opioid prescriptions, peer education programs targeted to students at high risk 
141.17 	of opioid addiction and abuse, and other related initiatives as approved by the commissioner. 
141.18 	Grant projects must include one or more of the following components as they relate to opioid 
141.19 	abuse and prevention and the role of the community partner: high-risk populations, law 
141.20 	enforcement, education, clinical services, or social services.
141.21 	(b) The commissioner of human services shall seek to provide grant funding for at least 
141.22 	one proposal that addresses opioid abuse in the American Indian community.
141.23 		Subd. 3.Community partners. For purposes of the grant program, community partners 
141.24 	may include but are not limited to public health agencies; local law enforcement; community 
141.25 	health centers; medical clinics; emergency medical service professionals; schools and 
141.26 	postsecondary educational institutions; opioid addiction, advocacy, and recovery 
141.27 	organizations; tribal governments; local chambers of commerce; and city councils and 
141.28 	county boards.
141.29 		Subd. 4.Report. The commissioner of human services shall report to the chairs and 
141.30 	ranking minority members of the legislative committees with jurisdiction over health and 
141.31 	human services policy and finance, K-12 education policy and finance, and higher education 
141.32 	policy and finance by September 1, 2019, on the implementation of the grant program and 
141.33 	the grants awarded under this section.
142.1 		Subd. 5.Federal grants. (a) The commissioner of human services shall apply for any 
142.2 	federal grant funding that aligns with the purposes of this section. The commissioner shall 
142.3 	submit to the legislature any changes to the program established under this section that are 
142.4 	necessary to comply with the terms of the federal grant.
142.5 	(b) The commissioner shall notify the chairs and ranking minority members of the 
142.6 	legislative committees with jurisdiction over health and human services policy and finance, 
142.7 	K-12 education policy and finance, and higher education policy and finance of any grant 
142.8 	applications submitted and any federal actions taken related to the grant applications.

142.9 	Sec. 11. OPIOID OVERDOSE REDUCTION PILOT PROGRAM.
 142.10 		Subdivision 1.Establishment. The commissioner of health shall provide grants to 
142.11 	ambulance services to fund activities by community paramedic teams to reduce opioid 
142.12 	overdoses in the state. Under this pilot program, ambulance services shall develop and 
142.13 	implement projects in which community paramedics connect with patients who are discharged 
142.14 	from a hospital or emergency department following an opioid overdose episode, develop 
142.15 	personalized care plans for those patients in consultation with the ambulance service medical 
142.16 	director, and provide follow-up services to those patients.
142.17 		Subd. 2.Priority areas; services. (a) In a project developed under this section, an 
142.18 	ambulance service must target community paramedic team services to portions of the service 
142.19 	area with high levels of opioid use, high death rates from opioid overdoses, and urgent needs 
142.20 	for interventions.
142.21 	(b) In a project developed under this section, a community paramedic team shall:
142.22 	(1) provide services to patients released from a hospital following an opioid overdose 
142.23 	episode and place priority on serving patients who were administered the opiate antagonist 
142.24 	naloxone hydrochloride by emergency medical services personnel in response to a 911 call 
142.25 	during the opioid overdose episode;
142.26 	(2) provide the following evaluations during an initial home visit: a home safety 
142.27 	assessment including whether there is a need to dispose of prescription drugs that are expired 
142.28 	or no longer needed; medication reconciliation; an HIV risk assessment; instruction on the 
142.29 	use of naloxone hydrochloride; and a basic needs assessment;
142.30 	(3) provide patients with health assessments, medication management, chronic disease 
142.31 	monitoring and education, and assistance in following hospital discharge orders; and
142.32 	(4) work with a multidisciplinary team to address the overall physical and mental health 
142.33 	needs of patients and health needs related to substance use disorder treatment.
143.1 		Subd. 3.Evaluation. An ambulance service that receives a grant under this section must 
143.2 	evaluate the extent to which the project was successful in reducing the number of opioid 
143.3 	overdoses and opioid overdose deaths among patients who received services and in reducing 
143.4 	the inappropriate use of opioids by patients who received services. The commissioner of 
143.5 	health shall develop specific evaluation measures and reporting timelines for ambulance 
143.6 	services receiving grants. Ambulance services must submit the  information required by the 
143.7 	commissioner to the commissioner and the chairs and ranking minority members of the 
143.8 	legislative committees with jurisdiction over health and human services by December 1, 
143.9 	2019.

143.10 	Sec. 12. CERTIFICATION BY THE ATTORNEY GENERAL.
 143.11 	The attorney general shall analyze whether implementation of Minnesota Statutes, section 
143.12 	151.462, would be constitutional under the United States Constitution and the Minnesota 
143.13 	Constitution. Upon completion of this analysis, the attorney general shall certify that either:
143.14 	(1) implementation of the section would be constitutional; or
143.15 	(2) implementation of the section would not be constitutional.

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

143.17 	Sec. 13.  REPEALER.
 143.18 	Minnesota Statutes 2016, section 151.55, is repealed.

143.19 	
ARTICLE 5143.20 	COMMUNITY SUPPORTS AND CONTINUING CARE

143.21 	Section 1. Minnesota Statutes 2017 Supplement, section 245A.03, subdivision 7, is 
143.22 	amended to read:
143.23 		Subd. 7.Licensing moratorium. (a) The commissioner shall not issue an initial license 
143.24 	for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult 
143.25 	foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter 
143.26 	for a physical location that will not be the primary residence of the license holder for the 
143.27 	entire period of licensure. If a license is issued during this moratorium, and the license 
143.28 	holder changes the license holder's primary residence away from the physical location of 
143.29 	the foster care license, the commissioner shall revoke the license according to section 
143.30 	245A.07. The commissioner shall not issue an initial license for a community residential 
143.31 	setting licensed under chapter 245D. When approving an exception under this paragraph, 
144.1 	the commissioner shall consider the resource need determination process in paragraph (h), 
144.2 	the availability of foster care licensed beds in the geographic area in which the licensee 
144.3 	seeks to operate, the results of a person's choices during their annual assessment and service 
144.4 	plan review, and the recommendation of the local county board. The determination by the 
144.5 	commissioner is final and not subject to appeal. Exceptions to the moratorium include:
144.6 	(1) foster care settings that are required to be registered under chapter 144D;
144.7 	(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or 
144.8 	community residential setting licenses replacing adult foster care licenses in existence on 
144.9 	December 31, 2013, and determined to be needed by the commissioner under paragraph 
144.10 	(b);
144.11 	(3) new foster care licenses or community residential setting licenses determined to be 
144.12 	needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, 
144.13 	or regional treatment center; restructuring of state-operated services that limits the capacity 
144.14 	of state-operated facilities; or allowing movement to the community for people who no 
144.15 	longer require the level of care provided in state-operated facilities as provided under section 
144.16 	256B.092, subdivision 13, or 256B.49, subdivision 24;
144.17 	(4) new foster care licenses or community residential setting licenses determined to be 
144.18 	needed by the commissioner under paragraph (b) for persons requiring hospital level care;
144.19 	(5) new foster care licenses or community residential setting licenses determined to be 
144.20 	needed by the commissioner for the transition of people from personal care assistance to 
144.21 	the home and community-based services;
144.22 	(6) new foster care licenses or community residential setting licenses determined to be 
144.23 	needed by the commissioner for the transition of people from the residential care waiver 
144.24 	services to foster care services. This exception applies only when:
144.25 	(i) the person's case manager provided the person with information about the choice of 
144.26 	service, service provider, and location of service to help the person make an informed choice; 
144.27 	and
144.28 	(ii) the person's foster care services are less than or equal to the cost of the person's 
144.29 	services delivered in the residential care waiver service setting as determined by the lead 
144.30 	agency; or
144.31 	(7) new foster care licenses or community residential setting licenses for people receiving 
144.32 	services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and 
144.33 	for which a license is required. This exception does not apply to people living in their own 
145.1 	home. For purposes of this clause, there is a presumption that a foster care or community 
145.2 	residential setting license is required for services provided to three or more people in a 
145.3 	dwelling unit when the setting is controlled by the provider. A license holder subject to this 
145.4 	exception may rebut the presumption that a license is required by seeking a reconsideration 
145.5 	of the commissioner's determination. The commissioner's disposition of a request for 
145.6 	reconsideration is final and not subject to appeal under chapter 14. The exception is available 
145.7 	until June 30, 2018 2019. This exception is available when:
145.8 	(i) the person's case manager provided the person with information about the choice of 
145.9 	service, service provider, and location of service, including in the person's home, to help 
145.10 	the person make an informed choice; and
145.11 	(ii) the person's services provided in the licensed foster care or community residential 
145.12 	setting are less than or equal to the cost of the person's services delivered in the unlicensed 
145.13 	setting as determined by the lead agency.; or
145.14 	(8) a vacancy in a setting granted an exception under clause (7) may receive an exception 
145.15 	created by a person receiving services under chapter 245D and residing in the unlicensed 
145.16 	setting between January 1, 2017, and May 1, 2017, for which a vacancy occurs between 
145.17 	January 1, 2017, and the date of the exception request. This exception is available when the 
145.18 	lead agency provides documentation to the commissioner on the eligibility criteria being 
145.19 	met. This exception is available until June 30, 2019.
145.20 	(b) The commissioner shall determine the need for newly licensed foster care homes or 
145.21 	community residential settings as defined under this subdivision. As part of the determination, 
145.22 	the commissioner shall consider the availability of foster care capacity in the area in which 
145.23 	the licensee seeks to operate, and the recommendation of the local county board. The 
145.24 	determination by the commissioner must be final. A determination of need is not required 
145.25 	for a change in ownership at the same address.
145.26 	(c) When an adult resident served by the program moves out of a foster home that is not 
145.27 	the primary residence of the license holder according to section 256B.49, subdivision 15, 
145.28 	paragraph (f), or the adult community residential setting, the county shall immediately 
145.29 	inform the Department of Human Services Licensing Division. The department may decrease 
145.30 	the statewide licensed capacity for adult foster care settings.
145.31 	(d) Residential settings that would otherwise be subject to the decreased license capacity 
145.32 	established in paragraph (c) shall be exempt if the license holder's beds are occupied by 
145.33 	residents whose primary diagnosis is mental illness and the license holder is certified under 
145.34 	the requirements in subdivision 6a or section 245D.33.
146.1 	(e) A resource need determination process, managed at the state level, using the available 
146.2 	reports required by section 144A.351, and other data and information shall be used to 
146.3 	determine where the reduced capacity determined under section 256B.493 will be 
146.4 	implemented. The commissioner shall consult with the stakeholders described in section 
146.5 	144A.351, and employ a variety of methods to improve the state's capacity to meet the 
146.6 	informed decisions of those people who want to move out of corporate foster care or 
146.7 	community residential settings, long-term service needs within budgetary limits, including 
146.8 	seeking proposals from service providers or lead agencies to change service type, capacity, 
146.9 	or location to improve services, increase the independence of residents, and better meet 
146.10 	needs identified by the long-term services and supports reports and statewide data and 
146.11 	information.
146.12 	(f) At the time of application and reapplication for licensure, the applicant and the license 
146.13 	holder that are subject to the moratorium or an exclusion established in paragraph (a) are 
146.14 	required to inform the commissioner whether the physical location where the foster care 
146.15 	will be provided is or will be the primary residence of the license holder for the entire period 
146.16 	of licensure. If the primary residence of the applicant or license holder changes, the applicant 
146.17 	or license holder must notify the commissioner immediately. The commissioner shall print 
146.18 	on the foster care license certificate whether or not the physical location is the primary 
146.19 	residence of the license holder.
146.20 	(g) License holders of foster care homes identified under paragraph (f) that are not the 
146.21 	primary residence of the license holder and that also provide services in the foster care home 
146.22 	that are covered by a federally approved home and community-based services waiver, as 
146.23 	authorized under section 256B.0915, 256B.092, or 256B.49, must inform the human services 
146.24 	licensing division that the license holder provides or intends to provide these waiver-funded 
146.25 	services.
146.26 	(h) The commissioner may adjust capacity to address needs identified in section 
146.27 	144A.351. Under this authority, the commissioner may approve new licensed settings or 
146.28 	delicense existing settings. Delicensing of settings will be accomplished through a process 
146.29 	identified in section 256B.493. Annually, by August 1, the commissioner shall provide 
146.30 	information and data on capacity of licensed long-term services and supports, actions taken 
146.31 	under the subdivision to manage statewide long-term services and supports resources, and 
146.32 	any recommendations for change to the legislative committees with jurisdiction over the 
146.33 	health and human services budget.
146.34 	(i) The commissioner must notify a license holder when its corporate foster care or 
146.35 	community residential setting licensed beds are reduced under this section. The notice of 
147.1 	reduction of licensed beds must be in writing and delivered to the license holder by certified 
147.2 	mail or personal service. The notice must state why the licensed beds are reduced and must 
147.3 	inform the license holder of its right to request reconsideration by the commissioner. The 
147.4 	license holder's request for reconsideration must be in writing. If mailed, the request for 
147.5 	reconsideration must be postmarked and sent to the commissioner within 20 calendar days 
147.6 	after the license holder's receipt of the notice of reduction of licensed beds. If a request for 
147.7 	reconsideration is made by personal service, it must be received by the commissioner within 
147.8 	20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
147.9 	(j) The commissioner shall not issue an initial license for children's residential treatment 
147.10 	services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter 
147.11 	for a program that Centers for Medicare and Medicaid Services would consider an institution 
147.12 	for mental diseases. Facilities that serve only private pay clients are exempt from the 
147.13 	moratorium described in this paragraph. The commissioner has the authority to manage 
147.14 	existing statewide capacity for children's residential treatment services subject to the 
147.15 	moratorium under this paragraph and may issue an initial license for such facilities if the 
147.16 	initial license would not increase the statewide capacity for children's residential treatment 
147.17 	services subject to the moratorium under this paragraph.

147.18 	Sec. 2. Minnesota Statutes 2017 Supplement, section 245A.11, subdivision 2a, is amended 
147.19 	to read:
147.20 		Subd. 2a.Adult foster care and community residential setting license capacity. (a) 
147.21 	The commissioner shall issue adult foster care and community residential setting licenses 
147.22 	with a maximum licensed capacity of four beds, including nonstaff roomers and boarders, 
147.23 	except that the commissioner may issue a license with a capacity of five beds, including 
147.24 	roomers and boarders, according to paragraphs (b) to (g).
147.25 	(b) The license holder may have a maximum license capacity of five if all persons in 
147.26 	care are age 55 or over and do not have a serious and persistent mental illness or a 
147.27 	developmental disability.
147.28 	(c) The commissioner may grant variances to paragraph (b) to allow a facility with a 
147.29 	licensed capacity of up to five persons to admit an individual under the age of 55 if the 
147.30 	variance complies with section 245A.04, subdivision 9, and approval of the variance is 
147.31 	recommended by the county in which the licensed facility is located.
147.32 	(d) The commissioner may grant variances to paragraph (a) to allow the use of an 
147.33 	additional bed, up to five, for emergency crisis services for a person with serious and 
147.34 	persistent mental illness or a developmental disability, regardless of age, if the variance 
148.1 	complies with section 245A.04, subdivision 9, and approval of the variance is recommended 
148.2 	by the county in which the licensed facility is located.
148.3 	(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an 
148.4 	additional bed, up to five, for respite services, as defined in section 245A.02, for persons 
148.5 	with disabilities, regardless of age, if the variance complies with sections 245A.03, 
148.6 	subdivision 7, and 245A.04, subdivision 9, and approval of the variance is recommended 
148.7 	by the county in which the licensed facility is located. Respite care may be provided under 
148.8 	the following conditions:
148.9 	(1) staffing ratios cannot be reduced below the approved level for the individuals being 
148.10 	served in the home on a permanent basis;
148.11 	(2) no more than two different individuals can be accepted for respite services in any 
148.12 	calendar month and the total respite days may not exceed 120 days per program in any 
148.13 	calendar year;
148.14 	(3) the person receiving respite services must have his or her own bedroom, which could 
148.15 	be used for alternative purposes when not used as a respite bedroom, and cannot be the 
148.16 	room of another person who lives in the facility; and
148.17 	(4) individuals living in the facility must be notified when the variance is approved. The 
148.18 	provider must give 60 days' notice in writing to the residents and their legal representatives 
148.19 	prior to accepting the first respite placement. Notice must be given to residents at least two 
148.20 	days prior to service initiation, or as soon as the license holder is able if they receive notice 
148.21 	of the need for respite less than two days prior to initiation, each time a respite client will 
148.22 	be served, unless the requirement for this notice is waived by the resident or legal guardian.
148.23 	(f) The commissioner may issue an adult foster care or community residential setting 
148.24 	license with a capacity of five adults if the fifth bed does not increase the overall statewide 
148.25 	capacity of licensed adult foster care or community residential setting beds in homes that 
148.26 	are not the primary residence of the license holder, as identified in a plan submitted to the 
148.27 	commissioner by the county, when the capacity is recommended by the county licensing 
148.28 	agency of the county in which the facility is located and if the recommendation verifies 
148.29 	that:
148.30 	(1) the facility meets the physical environment requirements in the adult foster care 
148.31 	licensing rule;
148.32 	(2) the five-bed living arrangement is specified for each resident in the resident's:
148.33 	(i) individualized plan of care;
149.1 	(ii) individual service plan under section 256B.092, subdivision 1b, if required; or
149.2 	(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105, 
149.3 	subpart 19, if required;
149.4 	(3) the license holder obtains written and signed informed consent from each resident 
149.5 	or resident's legal representative documenting the resident's informed choice to remain 
149.6 	living in the home and that the resident's refusal to consent would not have resulted in 
149.7 	service termination; and
149.8 	(4) the facility was licensed for adult foster care before March 1, 2011 June 30, 2016.
149.9 	(g) The commissioner shall not issue a new adult foster care license under paragraph (f) 
149.10 	after June 30, 2019 2021. The commissioner shall allow a facility with an adult foster care 
149.11 	license issued under paragraph (f) before June 30, 2019 2021, to continue with a capacity 
149.12 	of five adults if the license holder continues to comply with the requirements in paragraph 
149.13 	(f).

149.14 	Sec. 3. Minnesota Statutes 2017 Supplement, section 245D.03, subdivision 1, is amended 
149.15 	to read:
149.16 		Subdivision 1.Applicability.  (a) The commissioner shall regulate the provision of home 
149.17 	and community-based services to persons with disabilities and persons age 65 and older 
149.18 	pursuant to this chapter. The licensing standards in this chapter govern the provision of 
149.19 	basic support services and intensive support services.
149.20 	(b) Basic support services provide the level of assistance, supervision, and care that is 
149.21 	necessary to ensure the health and welfare of the person and do not include services that 
149.22 	are specifically directed toward the training, treatment, habilitation, or rehabilitation of the 
149.23 	person. Basic support services include:
149.24 	(1) in-home and out-of-home respite care services as defined in section 245A.02, 
149.25 	subdivision 15, and under the brain injury, community alternative care, community access 
149.26 	for disability inclusion, developmental disabilitydisabilities, and elderly waiver plans, 
149.27 	excluding out-of-home respite care provided to children in a family child foster care home 
149.28 	licensed under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care 
149.29 	license holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7, 
149.30 	and 8, or successor provisions; and section 245D.061 or successor provisions, which must 
149.31 	be stipulated in the statement of intended use required under Minnesota Rules, part 
149.32 	2960.3000, subpart 4;
150.1 	(2) adult companion services as defined under the brain injury, community access for 
150.2 	disability inclusion, community alternative care, and elderly waiver plans, excluding adult 
150.3 	companion services provided under the Corporation for National and Community Services 
150.4 	Senior Companion Program established under the Domestic Volunteer Service Act of 1973, 
150.5 	Public Law 98-288;
150.6 	(3) personal support as defined under the developmental disabilitydisabilities waiver 
150.7 	plan;
150.8 	(4) 24-hour emergency assistance, personal emergency response as defined under the 
150.9 	community access for disability inclusion and developmental disabilitydisabilities waiver 
150.10 	plans;
150.11 	(5) night supervision services as defined under the brain injury, community access for 
150.12 	disability inclusion, community alternative care, and developmental disabilities waiver plan
150.13 	plans;
150.14 	(6) homemaker services as defined under the community access for disability inclusion, 
150.15 	brain injury, community alternative care, developmental disabilitydisabilities, and elderly 
150.16 	waiver plans, excluding providers licensed by the Department of Health under chapter 144A 
150.17 	and those providers providing cleaning services only; and
150.18 	(7) individual community living support under section 256B.0915, subdivision 3j.
150.19 	(c) Intensive support services provide assistance, supervision, and care that is necessary 
150.20 	to ensure the health and welfare of the person and services specifically directed toward the 
150.21 	training, habilitation, or rehabilitation of the person. Intensive support services include:
150.22 	(1) intervention services, including:
150.23 	(i) behavioral positive support services as defined under the brain injury and, community 
150.24 	access for disability inclusion, community alternative care, and developmental disabilities
150.25 	waiver plans;
150.26 	(ii) in-home or out-of-home crisis respite services as defined under the brain injury, 
150.27 	community access for disability inclusion, community alternative care, and developmental 
150.28 	disabilitydisabilities waiver plan plans; and
150.29 	(iii) specialist services as defined under the current brain injury, community access for 
150.30 	disability inclusion, community alternative care, and developmental disabilitydisabilities
150.31 	waiver plan plans;
150.32 	(2) in-home support services, including:
151.1 	(i) in-home family support and supported living services as defined under the 
151.2 	developmental disabilitydisabilities waiver plan;
151.3 	(ii) independent living services training as defined under the brain injury and community 
151.4 	access for disability inclusion waiver plans;
151.5 	(iii) semi-independent living services; and
151.6 	(iv) individualized home supports services as defined under the brain injury, community 
151.7 	alternative care, and community access for disability inclusion waiver plans;
151.8 	(3) residential supports and services, including:
151.9 	(i) supported living services as defined under the developmental disabilitydisabilities
151.10 	waiver plan provided in a family or corporate child foster care residence, a family adult 
151.11 	foster care residence, a community residential setting, or a supervised living facility;
151.12 	(ii) foster care services as defined in the brain injury, community alternative care, and 
151.13 	community access for disability inclusion waiver plans provided in a family or corporate 
151.14 	child foster care residence, a family adult foster care residence, or a community residential 
151.15 	setting; and
151.16 	(iii) residential services provided to more than four persons with developmental 
151.17 	disabilities in a supervised living facility, including ICFs/DD;
151.18 	(4) day services, including:
151.19 	(i) structured day services as defined under the brain injury waiver plan;
151.20 	(ii) day training and habilitation services under sections 252.41 to 252.46, and as defined 
151.21 	under the developmental disabilitydisabilities waiver plan; and
151.22 	(iii) prevocational services as defined under the brain injury and community access for 
151.23 	disability inclusion waiver plans; and
151.24 	(5) employment exploration services as defined under the brain injury, community 
151.25 	alternative care, community access for disability inclusion, and developmental disability
151.26 	disabilities waiver plans;
151.27 	(6) employment development services as defined under the brain injury, community 
151.28 	alternative care, community access for disability inclusion, and developmental disability
151.29 	disabilities waiver plans; and
152.1 	(7) employment support services as defined under the brain injury, community alternative 
152.2 	care, community access for disability inclusion, and developmental disabilitydisabilities
152.3 	waiver plans.

152.4 	Sec. 4. Minnesota Statutes 2016, section 245D.071, subdivision 5, is amended to read:
152.5 		Subd. 5.Service plan review and evaluation. (a) The license holder must give the 
152.6 	person or the person's legal representative and case manager an opportunity to participate 
152.7 	in the ongoing review and development of the service plan and the methods used to support 
152.8 	the person and accomplish outcomes identified in subdivisions 3 and 4. At least once per 
152.9 	year, or within 30 days of a written request by the person, the person's legal representative, 
152.10 	or the case manager, the license holder, in coordination with the person's support team or 
152.11 	expanded support team, must meet with the person, the person's legal representative, and 
152.12 	the case manager, and participate in service plan review meetings following stated timelines 
152.13 	established in the person's coordinated service and support plan or coordinated service and 
152.14 	support plan addendum or within 30 days of a written request by the person, the person's 
152.15 	legal representative, or the case manager, at a minimum of once per year. The purpose of 
152.16 	the service plan review is to determine whether changes are needed to the service plan based 
152.17 	on the assessment information, the license holder's evaluation of progress towards 
152.18 	accomplishing outcomes, or other information provided by the support team or expanded 
152.19 	support team.
152.20 	(b) At least once per year, the license holder, in coordination with the person's support 
152.21 	team or expanded support team, must meet with the person, the person's legal representative, 
152.22 	and the case manager to discuss how technology might be used to meet the person's desired 
152.23 	outcomes. The coordinated service and support plan or support plan addendum must include 
152.24 	a summary of this discussion. The summary must include a statement regarding any decision 
152.25 	made related to the use of technology and a description of any further research that must 
152.26 	be completed before a decision regarding the use of technology can be made. Nothing in 
152.27 	this paragraph requires the coordinated service and support plan to include the use of 
152.28 	technology for the provision of services.
152.29 	(b) (c) The license holder must summarize the person's status and progress toward 
152.30 	achieving the identified outcomes and make recommendations and identify the rationale 
152.31 	for changing, continuing, or discontinuing implementation of supports and methods identified 
152.32 	in subdivision 4 in a report available at the time of the progress review meeting. The report 
152.33 	must be sent at least five working days prior to the progress review meeting if requested by 
153.1 	the team in the coordinated service and support plan or coordinated service and support 
153.2 	plan addendum.
153.3 	(c) (d) The license holder must send the coordinated service and support plan addendum 
153.4 	to the person, the person's legal representative, and the case manager by mail within ten 
153.5 	working days of the progress review meeting. Within ten working days of the mailing of 
153.6 	the coordinated service and support plan addendum, the license holder must obtain dated 
153.7 	signatures from the person or the person's legal representative and the case manager to 
153.8 	document approval of any changes to the coordinated service and support plan addendum.
153.9 	(d) (e) If, within ten working days of submitting changes to the coordinated service and 
153.10 	support plan and coordinated service and support plan addendum, the person or the person's 
153.11 	legal representative or case manager has not signed and returned to the license holder the 
153.12 	coordinated service and support plan or coordinated service and support plan addendum or 
153.13 	has not proposed written modifications to the license holder's submission, the submission 
153.14 	is deemed approved and the coordinated service and support plan addendum becomes 
153.15 	effective and remains in effect until the legal representative or case manager submits a 
153.16 	written request to revise the coordinated service and support plan addendum.

153.17 	Sec. 5. Minnesota Statutes 2016, section 245D.091, subdivision 2, is amended to read:
153.18 		Subd. 2.Behavior Positive support professional qualifications. A behavior positive 
153.19 	support professional providing behavioral positive support services as identified in section 
153.20 	245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the 
153.21 	following areas as required under the brain injury and, community access for disability 
153.22 	inclusion, community alternative care, and developmental disabilities waiver plans or 
153.23 	successor plans:
153.24 	(1) ethical considerations;
153.25 	(2) functional assessment;
153.26 	(3) functional analysis;
153.27 	(4) measurement of behavior and interpretation of data;
153.28 	(5) selecting intervention outcomes and strategies;
153.29 	(6) behavior reduction and elimination strategies that promote least restrictive approved 
153.30 	alternatives;
153.31 	(7) data collection;
153.32 	(8) staff and caregiver training;
154.1 	(9) support plan monitoring;
154.2 	(10) co-occurring mental disorders or neurocognitive disorder;
154.3 	(11) demonstrated expertise with populations being served; and
154.4 	(12) must be a:
154.5 	(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board 
154.6 	of Psychology competencies in the above identified areas;
154.7 	(ii) clinical social worker licensed as an independent clinical social worker under chapter 
154.8 	148D, or a person with a master's degree in social work from an accredited college or 
154.9 	university, with at least 4,000 hours of post-master's supervised experience in the delivery 
154.10 	of clinical services in the areas identified in clauses (1) to (11);
154.11 	(iii) physician licensed under chapter 147 and certified by the American Board of 
154.12 	Psychiatry and Neurology or eligible for board certification in psychiatry with competencies 
154.13 	in the areas identified in clauses (1) to (11);
154.14 	(iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39
154.15 	with at least 4,000 hours of post-master's supervised experience in the delivery of clinical 
154.16 	services who has demonstrated competencies in the areas identified in clauses (1) to (11);
154.17 	(v) person with a master's degree from an accredited college or university in one of the 
154.18 	behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised 
154.19 	experience in the delivery of clinical services with demonstrated competencies in the areas 
154.20 	identified in clauses (1) to (11); or
154.21 	(vi) person with a master's degree or PhD in one of the behavioral sciences or related 
154.22 	fields with demonstrated expertise in positive support services, as determined by the person's 
154.23 	case manager based on the person's needs as outlined in the person's community support 
154.24 	plan; or
154.25 	(vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is 
154.26 	certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and 
154.27 	mental health nursing by a national nurse certification organization, or who has a master's 
154.28 	degree in nursing or one of the behavioral sciences or related fields from an accredited 
154.29 	college or university or its equivalent, with at least 4,000 hours of post-master's supervised 
154.30 	experience in the delivery of clinical services.

155.1 	Sec. 6. Minnesota Statutes 2016, section 245D.091, subdivision 3, is amended to read:
155.2 		Subd. 3.Behavior Positive support analyst qualifications. (a) A behavior positive 
155.3 	support analyst providing behavioral positive support services as identified in section 
155.4 	245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the 
155.5 	following areas as required under the brain injury and, community access for disability 
155.6 	inclusion, community alternative care, and developmental disabilities waiver plans or 
155.7 	successor plans:
155.8 	(1) have obtained a baccalaureate degree, master's degree, or PhD in a social services 
155.9 	discipline; or
155.10 	(2) meet the qualifications of a mental health practitioner as defined in section 245.462, 
155.11 	subdivision 17.; or
155.12 	(3) be a board certified behavior analyst or board certified assistant behavior analyst by 
155.13 	the Behavior Analyst Certification Board, Incorporated.
155.14 	(b) In addition, a behavior positive support analyst must:
155.15 	(1) have four years of supervised experience working with individuals who exhibit 
155.16 	challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder
155.17 	conducting functional behavior assessments and designing, implementing, and evaluating 
155.18 	effectiveness of positive practices behavior support strategies for people who exhibit 
155.19 	challenging behaviors as well as co-occurring mental disorders and neurocognitive disorder;
155.20 	(2) have received ten hours of instruction in functional assessment and functional analysis;
155.21 	training prior to hire or within 90 calendar days of hire that includes:
155.22 	(i) ten hours of instruction in functional assessment and functional analysis;
155.23 	(ii) 20 hours of instruction in the understanding of the function of behavior;
155.24 	(iii) ten hours of instruction on design of positive practices behavior support strategies;
155.25 	(iv) 20 hours of instruction preparing written intervention strategies, designing data 
155.26 	collection protocols, training other staff to implement positive practice strategies, 
155.27 	summarizing and reporting program evaluation data, analyzing program evaluation data to 
155.28 	identify design flaws in behavioral interventions or failures in implementation fidelity, and 
155.29 	recommending enhancements based on evaluation data; and
155.30 	(v) eight hours of instruction on principles of person-centered thinking;
155.31 	(3) have received 20 hours of instruction in the understanding of the function of behavior;
156.1 	(4) have received ten hours of instruction on design of positive practices behavior support 
156.2 	strategies;
156.3 	(5) have received 20 hours of instruction on the use of behavior reduction approved 
156.4 	strategies used only in combination with behavior positive practices strategies;
156.5 	(6) (3) be determined by a behavior positive support professional to have the training 
156.6 	and prerequisite skills required to provide positive practice strategies as well as behavior 
156.7 	reduction approved and permitted intervention to the person who receives behavioral positive
156.8 	support; and
156.9 	(7) (4) be under the direct supervision of a behavior positive support professional.
156.10 	(c) Meeting the qualifications for a positive support professional under subdivision 2 
156.11 	shall substitute for meeting the qualifications listed in paragraph (b).

156.12 	Sec. 7. Minnesota Statutes 2016, section 245D.091, subdivision 4, is amended to read:
156.13 		Subd. 4.Behavior Positive support specialist qualifications. (a) A behavior positive 
156.14 	support specialist providing behavioral positive support services as identified in section 
156.15 	245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the 
156.16 	following areas as required under the brain injury and, community access for disability 
156.17 	inclusion, community alternative care, and developmental disabilities waiver plans or 
156.18 	successor plans:
156.19 	(1) have an associate's degree in a social services discipline; or
156.20 	(2) have two years of supervised experience working with individuals who exhibit 
156.21 	challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder.
156.22 	(b) In addition, a behavior specialist must:
156.23 	(1) have received training prior to hire or within 90 calendar days of hire that includes:
156.24 	(i) a minimum of four hours of training in functional assessment;
156.25 	(2) have received (ii) 20 hours of instruction in the understanding of the function of 
156.26 	behavior;
156.27 	(3) have received (iii) ten hours of instruction on design of positive practices behavioral 
156.28 	support strategies; and
156.29 	(iv) eight hours of instruction on principles of person-centered thinking;
156.30 	(4) (2) be determined by a behavior positive support professional to have the training 
156.31 	and prerequisite skills required to provide positive practices strategies as well as behavior 
157.1 	reduction approved intervention to the person who receives behavioral positive support; 
157.2 	and
157.3 	(5) (3) be under the direct supervision of a behavior positive support professional.
157.4 	(c) Meeting the qualifications for a positive support professional under subdivision 2 
157.5 	shall substitute for meeting the qualifications listed in paragraphs (a) and (b).

157.6 	Sec. 8. Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision 
157.7 	to read:
157.8 		Subd. 65.Prescribed pediatric extended care center services. Medical assistance 
157.9 	covers prescribed pediatric extended care center basic services as defined under section 
157.10 	144H.01, subdivision 2. The commissioner shall set two payment rates for basic services 
157.11 	provided at prescribed pediatric extended care centers licensed under chapter 144H: (1) a 
157.12 	$250 half-day rate per child attending a prescribed pediatric extended care center for less 
157.13 	than four hours per day; and (2) a $500 full-day rate per child attending a prescribed pediatric 
157.14 	extended care center for four hours or more per day. The rates established in this subdivision 
157.15 	may be reevaluated by the commissioner two years after the effective date of this subdivision.

157.16 	EFFECTIVE DATE. This section is effective January 1, 2019, or upon federal approval, 
157.17 	whichever occurs later. The commissioner of human services shall notify the revisor of 
157.18 	statutes when federal approval is obtained.

157.19 	Sec. 9. Minnesota Statutes 2016, section 256B.0659, subdivision 11, is amended to read:
157.20 		Subd. 11.Personal care assistant; requirements. (a) A personal care assistant must 
157.21 	meet the following requirements:
157.22 	(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of 
157.23 	age with these additional requirements:
157.24 	(i) supervision by a qualified professional every 60 days; and
157.25 	(ii) employment by only one personal care assistance provider agency responsible for 
157.26 	compliance with current labor laws;
157.27 	(2) be employed by a personal care assistance provider agency;
157.28 	(3) enroll with the department as a personal care assistant after clearing a background 
157.29 	study. Except as provided in subdivision 11a, before a personal care assistant provides 
157.30 	services, the personal care assistance provider agency must initiate a background study on 
157.31 	the personal care assistant under chapter 245C, and the personal care assistance provider 
158.1 	agency must have received a notice from the commissioner that the personal care assistant 
158.2 	is:
158.3 	(i) not disqualified under section 245C.14; or
158.4 	(ii) is disqualified, but the personal care assistant has received a set aside of the 
158.5 	disqualification under section 245C.22;
158.6 	(4) be able to effectively communicate with the recipient and personal care assistance 
158.7 	provider agency;
158.8 	(5) be able to provide covered personal care assistance services according to the recipient's 
158.9 	personal care assistance care plan, respond appropriately to recipient needs, and report 
158.10 	changes in the recipient's condition to the supervising qualified professional or physician;
158.11 	(6) not be a consumer of personal care assistance services;
158.12 	(7) maintain daily written records including, but not limited to, time sheets under 
158.13 	subdivision 12;
158.14 	(8) effective January 1, 2010, complete standardized training as determined by the 
158.15 	commissioner before completing enrollment. The training must be available in languages 
158.16 	other than English and to those who need accommodations due to disabilities. Personal care 
158.17 	assistant training must include successful completion of the following training components: 
158.18 	basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic 
158.19 	roles and responsibilities of personal care assistants including information about assistance 
158.20 	with lifting and transfers for recipients, emergency preparedness, orientation to positive 
158.21 	behavioral practices, fraud issues, and completion of time sheets. Upon completion of the 
158.22 	training components, the personal care assistant must demonstrate the competency to provide 
158.23 	assistance to recipients;
158.24 	(9) complete training and orientation on the needs of the recipient; and
158.25 	(10) be limited to providing and being paid for up to 275 hours per month of personal 
158.26 	care assistance services regardless of the number of recipients being served or the number 
158.27 	of personal care assistance provider agencies enrolled with. The number of hours worked 
158.28 	per day shall not be disallowed by the department unless in violation of the law.
158.29 	(b) A legal guardian may be a personal care assistant if the guardian is not being paid 
158.30 	for the guardian services and meets the criteria for personal care assistants in paragraph (a).
158.31 	(c) Persons who do not qualify as a personal care assistant include parents, stepparents, 
158.32 	and legal guardians of minors; spouses; paid legal guardians of adults; family foster care 
159.1 	providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of 
159.2 	a residential setting.
159.3 	(d) Personal care services qualify for the enhanced rate described in subdivision 17a if 
159.4 	the personal care assistant providing the services:
159.5 	(1) provides services, according to the care plan in subdivision 7, to a recipient who 
159.6 	qualifies for 12 or more hours per day of PCA services; and
159.7 	(2) satisfies the current requirements of Medicare for training and competency or 
159.8 	competency evaluation of home health aides or nursing assistants, as provided in the Code 
159.9 	of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state approved 
159.10 	training or competency requirements.

159.11 	EFFECTIVE DATE. This section is effective July 1, 2018.

159.12 	Sec. 10. Minnesota Statutes 2016, section 256B.0659, is amended by adding a subdivision 
159.13 	to read:
159.14 		Subd. 17a.Enhanced rate. An enhanced rate of 105 percent of the rate paid for PCA 
159.15 	services shall be paid for services provided to persons who qualify for 12 or more hours of 
159.16 	PCA service per day when provided by a PCA who meets the requirements of subdivision 
159.17 	11, paragraph (d). The enhanced rate for PCA services includes, and is not in addition to, 
159.18 	any rate adjustments implemented by the commissioner on July 1, 2018, to comply with 
159.19 	the terms of a collective bargaining agreement between the state of Minnesota and an 
159.20 	exclusive representative of individual providers under section 179A.54 that provides for 
159.21 	wage increases for individual providers who serve participants assessed to need 12 or more 
159.22 	hours of PCA services per day.

159.23 	EFFECTIVE DATE. This section is effective July 1, 2018.

159.24 	Sec. 11. Minnesota Statutes 2016, section 256B.0659, subdivision 21, is amended to read:
159.25 		Subd. 21.Requirements for provider enrollment of personal care assistance provider 
159.26 	agencies. (a) All personal care assistance provider agencies must provide, at the time of 
159.27 	enrollment, reenrollment, and revalidation as a personal care assistance provider agency in 
159.28 	a format determined by the commissioner, information and documentation that includes, 
159.29 	but is not limited to, the following:
159.30 	(1) the personal care assistance provider agency's current contact information including 
159.31 	address, telephone number, and e-mail address;
160.1 	(2) proof of surety bond coverage. Upon new enrollment, or if the provider's Medicaid 
160.2 	revenue in the previous calendar year is up to and including $300,000, the provider agency 
160.3 	must purchase a surety bond of $50,000. If the Medicaid revenue in the previous year is 
160.4 	over $300,000, the provider agency must purchase a surety bond of $100,000. The surety 
160.5 	bond must be in a form approved by the commissioner, must be renewed annually, and must 
160.6 	allow for recovery of costs and fees in pursuing a claim on the bond;
160.7 	(3) proof of fidelity bond coverage in the amount of $20,000;
160.8 	(4) proof of workers' compensation insurance coverage;
160.9 	(5) proof of liability insurance;
160.10 	(6) a description of the personal care assistance provider agency's organization identifying 
160.11 	the names of all owners, managing employees, staff, board of directors, and the affiliations 
160.12 	of the directors, owners, or staff to other service providers;
160.13 	(7) a copy of the personal care assistance provider agency's written policies and 
160.14 	procedures including: hiring of employees; training requirements; service delivery; and 
160.15 	employee and consumer safety including process for notification and resolution of consumer 
160.16 	grievances, identification and prevention of communicable diseases, and employee 
160.17 	misconduct;
160.18 	(8) copies of all other forms the personal care assistance provider agency uses in the 
160.19 	course of daily business including, but not limited to:
160.20 	(i) a copy of the personal care assistance provider agency's time sheet if the time sheet 
160.21 	varies from the standard time sheet for personal care assistance services approved by the 
160.22 	commissioner, and a letter requesting approval of the personal care assistance provider 
160.23 	agency's nonstandard time sheet;
160.24 	(ii) the personal care assistance provider agency's template for the personal care assistance 
160.25 	care plan; and
160.26 	(iii) the personal care assistance provider agency's template for the written agreement 
160.27 	in subdivision 20 for recipients using the personal care assistance choice option, if applicable;
160.28 	(9) a list of all training and classes that the personal care assistance provider agency 
160.29 	requires of its staff providing personal care assistance services;
160.30 	(10) documentation that the personal care assistance provider agency and staff have 
160.31 	successfully completed all the training required by this section, including the requirements 
161.1 	under subdivision 11, paragraph (d), if enhanced PCA services are provided and submitted 
161.2 	for an enhanced rate under subdivision 17a;
161.3 	(11) documentation of the agency's marketing practices;
161.4 	(12) disclosure of ownership, leasing, or management of all residential properties that 
161.5 	is used or could be used for providing home care services;
161.6 	(13) documentation that the agency will use the following percentages of revenue 
161.7 	generated from the medical assistance rate paid for personal care assistance services for 
161.8 	employee personal care assistant wages and benefits: 72.5 percent of revenue in the personal 
161.9 	care assistance choice option and 72.5 percent of revenue from other personal care assistance 
161.10 	providers. The revenue generated by the qualified professional and the reasonable costs 
161.11 	associated with the qualified professional shall not be used in making this calculation; and
161.12 	(14) effective May 15, 2010, documentation that the agency does not burden recipients' 
161.13 	free exercise of their right to choose service providers by requiring personal care assistants 
161.14 	to sign an agreement not to work with any particular personal care assistance recipient or 
161.15 	for another personal care assistance provider agency after leaving the agency and that the 
161.16 	agency is not taking action on any such agreements or requirements regardless of the date 
161.17 	signed.
161.18 	(b) Personal care assistance provider agencies shall provide the information specified 
161.19 	in paragraph (a) to the commissioner at the time the personal care assistance provider agency 
161.20 	enrolls as a vendor or upon request from the commissioner. The commissioner shall collect 
161.21 	the information specified in paragraph (a) from all personal care assistance providers 
161.22 	beginning July 1, 2009.
161.23 	(c) All personal care assistance provider agencies shall require all employees in 
161.24 	management and supervisory positions and owners of the agency who are active in the 
161.25 	day-to-day management and operations of the agency to complete mandatory training as 
161.26 	determined by the commissioner before enrollment of the agency as a provider. Employees 
161.27 	in management and supervisory positions and owners who are active in the day-to-day 
161.28 	operations of an agency who have completed the required training as an employee with a 
161.29 	personal care assistance provider agency do not need to repeat the required training if they 
161.30 	are hired by another agency, if they have completed the training within the past three years. 
161.31 	By September 1, 2010, the required training must be available with meaningful access 
161.32 	according to title VI of the Civil Rights Act and federal regulations adopted under that law 
161.33 	or any guidance from the United States Health and Human Services Department. The 
161.34 	required training must be available online or by electronic remote connection. The required 
162.1 	training must provide for competency testing. Personal care assistance provider agency 
162.2 	billing staff shall complete training about personal care assistance program financial 
162.3 	management. This training is effective July 1, 2009. Any personal care assistance provider 
162.4 	agency enrolled before that date shall, if it has not already, complete the provider training 
162.5 	within 18 months of July 1, 2009. Any new owners or employees in management and 
162.6 	supervisory positions involved in the day-to-day operations are required to complete 
162.7 	mandatory training as a requisite of working for the agency. Personal care assistance provider 
162.8 	agencies certified for participation in Medicare as home health agencies are exempt from 
162.9 	the training required in this subdivision. When available, Medicare-certified home health 
162.10 	agency owners, supervisors, or managers must successfully complete the competency test.

162.11 	EFFECTIVE DATE. This section is effective July 1, 2018.

162.12 	Sec. 12. Minnesota Statutes 2016, section 256B.0659, subdivision 24, is amended to read:
162.13 		Subd. 24.Personal care assistance provider agency; general duties. A personal care 
162.14 	assistance provider agency shall:
162.15 	(1) enroll as a Medicaid provider meeting all provider standards, including completion 
162.16 	of the required provider training;
162.17 	(2) comply with general medical assistance coverage requirements;
162.18 	(3) demonstrate compliance with law and policies of the personal care assistance program 
162.19 	to be determined by the commissioner;
162.20 	(4) comply with background study requirements;
162.21 	(5) verify and keep records of hours worked by the personal care assistant and qualified 
162.22 	professional;
162.23 	(6) not engage in any agency-initiated direct contact or marketing in person, by phone, 
162.24 	or other electronic means to potential recipients, guardians, or family members;
162.25 	(7) pay the personal care assistant and qualified professional based on actual hours of 
162.26 	services provided;
162.27 	(8) withhold and pay all applicable federal and state taxes;
162.28 	(9) effective January 1, 2010, document that the agency uses a minimum of 72.5 percent 
162.29 	of the revenue generated by the medical assistance rate for personal care assistance services 
162.30 	for employee personal care assistant wages and benefits. The revenue generated by the 
162.31 	qualified professional and the reasonable costs associated with the qualified professional 
162.32 	shall not be used in making this calculation;
163.1 	(10) make the arrangements and pay unemployment insurance, taxes, workers' 
163.2 	compensation, liability insurance, and other benefits, if any;
163.3 	(11) enter into a written agreement under subdivision 20 before services are provided;
163.4 	(12) report suspected neglect and abuse to the common entry point according to section 
163.5 	256B.0651;
163.6 	(13) provide the recipient with a copy of the home care bill of rights at start of service; 
163.7 	and
163.8 	(14) request reassessments at least 60 days prior to the end of the current authorization 
163.9 	for personal care assistance services, on forms provided by the commissioner; and
163.10 	(15) document that the agency uses the additional revenue due to the enhanced rate under 
163.11 	subdivision 17a for the wages and benefits of the PCAs whose services meet the requirements 
163.12 	under subdivision 11, paragraph (d).

163.13 	EFFECTIVE DATE. This section is effective July 1, 2018.

163.14 	Sec. 13. Minnesota Statutes 2016, section 256B.0659, subdivision 28, is amended to read:
163.15 		Subd. 28.Personal care assistance provider agency; required documentation. (a) 
163.16 	Required documentation must be completed and kept in the personal care assistance provider 
163.17 	agency file or the recipient's home residence. The required documentation consists of:
163.18 	(1) employee files, including:
163.19 	(i) applications for employment;
163.20 	(ii) background study requests and results;
163.21 	(iii) orientation records about the agency policies;
163.22 	(iv) trainings completed with demonstration of competence, including verification of 
163.23 	the completion of training required under subdivision 11, paragraph (d), for any billing of 
163.24 	the enhanced rate under subdivision 17a;
163.25 	(v) supervisory visits;
163.26 	(vi) evaluations of employment; and
163.27 	(vii) signature on fraud statement;
163.28 	(2) recipient files, including:
163.29 	(i) demographics;
164.1 	(ii) emergency contact information and emergency backup plan;
164.2 	(iii) personal care assistance service plan;
164.3 	(iv) personal care assistance care plan;
164.4 	(v) month-to-month service use plan;
164.5 	(vi) all communication records;
164.6 	(vii) start of service information, including the written agreement with recipient; and
164.7 	(viii) date the home care bill of rights was given to the recipient;
164.8 	(3) agency policy manual, including:
164.9 	(i) policies for employment and termination;
164.10 	(ii) grievance policies with resolution of consumer grievances;
164.11 	(iii) staff and consumer safety;
164.12 	(iv) staff misconduct; and
164.13 	(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and 
164.14 	resolution of consumer grievances;
164.15 	(4) time sheets for each personal care assistant along with completed activity sheets for 
164.16 	each recipient served; and
164.17 	(5) agency marketing and advertising materials and documentation of marketing activities 
164.18 	and costs.
164.19 	(b) The commissioner may assess a fine of up to $500 on provider agencies that do not 
164.20 	consistently comply with the requirements of this subdivision.

164.21 	EFFECTIVE DATE. This section is effective July 1, 2018.

164.22 	Sec. 14. Minnesota Statutes 2017 Supplement, section 256B.0921, is amended to read:
164.23 	256B.0921 HOME AND COMMUNITY-BASED SERVICES INCENTIVE
164.24 	INNOVATION POOL.
164.25 	The commissioner of human services shall develop an initiative to provide incentives 
164.26 	for innovation in: (1) achieving integrated competitive employment; (2) achieving integrated 
164.27 	competitive employment for youth under age 25 upon their graduation from school; (3) 
164.28 	living in the most integrated setting; and (4) other outcomes determined by the commissioner. 
165.1 	The commissioner shall seek requests for proposals and shall contract with one or more 
165.2 	entities to provide incentive payments for meeting identified outcomes.

165.3 	Sec. 15. Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 2, is 
165.4 	amended to read:
165.5 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have the 
165.6 	meanings given them, unless the context clearly indicates otherwise.
165.7 	(b) "Commissioner" means the commissioner of human services.
165.8 	(c) "Component value" means underlying factors that are part of the cost of providing 
165.9 	services that are built into the waiver rates methodology to calculate service rates.
165.10 	(d) "Customized living tool" means a methodology for setting service rates that delineates 
165.11 	and documents the amount of each component service included in a recipient's customized 
165.12 	living service plan.
165.13 	(e) "Direct care staff" means employees providing direct service provision to people 
165.14 	receiving services under this section. Direct care staff does not include executive, managerial, 
165.15 	and administrative staff.
165.16 	(f) "Disability waiver rates system" means a statewide system that establishes rates that 
165.17 	are based on uniform processes and captures the individualized nature of waiver services 
165.18 	and recipient needs.
165.19 	(f) (g) "Individual staffing" means the time spent as a one-to-one interaction specific to 
165.20 	an individual recipient by staff to provide direct support and assistance with activities of 
165.21 	daily living, instrumental activities of daily living, and training to participants, and is based 
165.22 	on the requirements in each individual's coordinated service and support plan under section 
165.23 	245D.02, subdivision 4b; any coordinated service and support plan addendum under section 
165.24 	245D.02, subdivision 4c; and an assessment tool. Provider observation of an individual's 
165.25 	needs must also be considered.
165.26 	(g) (h) "Lead agency" means a county, partnership of counties, or tribal agency charged 
165.27 	with administering waivered services under sections 256B.092 and 256B.49.
165.28 	(h) (i) "Median" means the amount that divides distribution into two equal groups, 
165.29 	one-half above the median and one-half below the median.
165.30 	(i) (j) "Payment or rate" means reimbursement to an eligible provider for services 
165.31 	provided to a qualified individual based on an approved service authorization.
166.1 	(j) (k) "Rates management system" means a Web-based software application that uses 
166.2 	a framework and component values, as determined by the commissioner, to establish service 
166.3 	rates.
166.4 	(k) (l) "Recipient" means a person receiving home and community-based services funded 
166.5 	under any of the disability waivers.
166.6 	(l) (m) "Shared staffing" means time spent by employees, not defined under paragraph 
166.7 	(f) (g), providing or available to provide more than one individual with direct support and 
166.8 	assistance with activities of daily living as defined under section 256B.0659, subdivision 
166.9 	1, paragraph (b); instrumental activities of daily living as defined under section 256B.0659, 
166.10 	subdivision 1, paragraph (i); ancillary activities needed to support individual services; and 
166.11 	training to participants, and is based on the requirements in each individual's coordinated 
166.12 	service and support plan under section 245D.02, subdivision 4b; any coordinated service 
166.13 	and support plan addendum under section 245D.02, subdivision 4c; an assessment tool; and 
166.14 	provider observation of an individual's service need. Total shared staffing hours are divided 
166.15 	proportionally by the number of individuals who receive the shared service provisions.
166.16 	(m) (n) "Staffing ratio" means the number of recipients a service provider employee 
166.17 	supports during a unit of service based on a uniform assessment tool, provider observation, 
166.18 	case history, and the recipient's services of choice, and not based on the staffing ratios under 
166.19 	section 245D.31.
166.20 	(n) (o) "Unit of service" means the following:
166.21 	(1) for residential support services under subdivision 6, a unit of service is a day. Any 
166.22 	portion of any calendar day, within allowable Medicaid rules, where an individual spends 
166.23 	time in a residential setting is billable as a day;
166.24 	(2) for day services under subdivision 7:
166.25 	(i) for day training and habilitation services, a unit of service is either:
166.26 	(A) a day unit of service is defined as six or more hours of time spent providing direct 
166.27 	services and transportation; or
166.28 	(B) a partial day unit of service is defined as fewer than six hours of time spent providing 
166.29 	direct services and transportation; and
166.30 	(C) for new day service recipients after January 1, 2014, 15 minute units of service must 
166.31 	be used for fewer than six hours of time spent providing direct services and transportation;
167.1 	(ii) for adult day and structured day services, a unit of service is a day or 15 minutes. A 
167.2 	day unit of service is six or more hours of time spent providing direct services;
167.3 	(iii) for prevocational services, a unit of service is a day or an hour. A day unit of service 
167.4 	is six or more hours of time spent providing direct service;
167.5 	(3) for unit-based services with programming under subdivision 8:
167.6 	(i) for supported living services, a unit of service is a day or 15 minutes. When a day 
167.7 	rate is authorized, any portion of a calendar day where an individual receives services is 
167.8 	billable as a day; and
167.9 	(ii) for all other services, a unit of service is 15 minutes; and
167.10 	(4) for unit-based services without programming under subdivision 9, a unit of service 
167.11 	is 15 minutes.

167.12 	Sec. 16. Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 3, is 
167.13 	amended to read:
167.14 		Subd. 3.Applicable services. Applicable services are those authorized under the state's 
167.15 	home and community-based services waivers under sections 256B.092 and 256B.49, 
167.16 	including the following, as defined in the federally approved home and community-based 
167.17 	services plan:
167.18 	(1) 24-hour customized living;
167.19 	(2) adult day care;
167.20 	(3) adult day care bath;
167.21 	(4) behavioral programming;
167.22 	(5) (4) companion services;
167.23 	(6) (5) customized living;
167.24 	(7) (6) day training and habilitation;
167.25 	(7) employment development services;
167.26 	(8) employment exploration services;
167.27 	(9) employment support services;
167.28 	(8) (10) housing access coordination;
167.29 	(9) (11) independent living skills;
168.1 	(12) independent living skills specialist services;
168.2 	(13) individualized home supports;
168.3 	(10) (14) in-home family support;
168.4 	(11) (15) night supervision;
168.5 	(12) (16) personal support;
168.6 	(17) positive support service;
168.7 	(13) (18) prevocational services;
168.8 	(14) (19) residential care services;
168.9 	(15) (20) residential support services;
168.10 	(16) (21) respite services;
168.11 	(17) (22) structured day services;
168.12 	(18) (23) supported employment services;
168.13 	(19) (24) supported living services;
168.14 	(20) (25) transportation services;
168.15 	(21) individualized home supports;
168.16 	(22) independent living skills specialist services;
168.17 	(23) employment exploration services;
168.18 	(24) employment development services;
168.19 	(25) employment support services; and
168.20 	(26) other services as approved by the federal government in the state home and 
168.21 	community-based services plan.

168.22 	Sec. 17. Minnesota Statutes 2016, section 256B.4914, subdivision 4, is amended to read:
168.23 		Subd. 4.Data collection for rate determination. (a) Rates for applicable home and 
168.24 	community-based waivered services, including rate exceptions under subdivision 12, are 
168.25 	set by the rates management system.
168.26 	(b) Data for services under section 256B.4913, subdivision 4a, shall be collected in a 
168.27 	manner prescribed by the commissioner.
169.1 	(c) Data and information in the rates management system may be used to calculate an 
169.2 	individual's rate.
169.3 	(d) Service providers, with information from the community support plan and oversight 
169.4 	by lead agencies, shall provide values and information needed to calculate an individual's 
169.5 	rate into the rates management system. The determination of service levels must be part of 
169.6 	a discussion with members of the support team as defined in section 245D.02, subdivision 
169.7 	34. This discussion must occur prior to the final establishment of each individual's rate. The 
169.8 	values and information include:
169.9 	(1) shared staffing hours;
169.10 	(2) individual staffing hours;
169.11 	(3) direct registered nurse hours;
169.12 	(4) direct licensed practical nurse hours;
169.13 	(5) staffing ratios;
169.14 	(6) information to document variable levels of service qualification for variable levels 
169.15 	of reimbursement in each framework;
169.16 	(7) shared or individualized arrangements for unit-based services, including the staffing 
169.17 	ratio;
169.18 	(8) number of trips and miles for transportation services; and
169.19 	(9) service hours provided through monitoring technology.
169.20 	(e) Updates to individual data must include:
169.21 	(1) data for each individual that is updated annually when renewing service plans; and
169.22 	(2) requests by individuals or lead agencies to update a rate whenever there is a change 
169.23 	in an individual's service needs, with accompanying documentation.
169.24 	(f) Lead agencies shall review and approve all services reflecting each individual's needs, 
169.25 	and the values to calculate the final payment rate for services with variables under 
169.26 	subdivisions 6, 7, 8, and 9 for each individual. Lead agencies must notify the individual and 
169.27 	the service provider of the final agreed-upon values and rate, and provide information that 
169.28 	is identical to what was entered into the rates management system. If a value used was 
169.29 	mistakenly or erroneously entered and used to calculate a rate, a provider may petition lead 
169.30 	agencies to correct it. Lead agencies must respond to these requests. When responding to 
169.31 	the request, the lead agency must consider:
170.1 	(1) meeting the health and welfare needs of the individual or individuals receiving 
170.2 	services by service site, identified in their coordinated service and support plan under section 
170.3 	245D.02, subdivision 4b, and any addendum under section 245D.02, subdivision 4c;
170.4 	(2) meeting the requirements for staffing under subdivision 2, paragraphs (f) (g), (i) (m), 
170.5 	and (m) (n); and meeting or exceeding the licensing standards for staffing required under 
170.6 	section 245D.09, subdivision 1; and
170.7 	(3) meeting the staffing ratio requirements under subdivision 2, paragraph (n), and 
170.8 	meeting or exceeding the licensing standards for staffing required under section 245D.31.

170.9 	Sec. 18. Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 5, is 
170.10 	amended to read:
170.11 		Subd. 5.Base wage index and standard component values. (a) The base wage index 
170.12 	is established to determine staffing costs associated with providing services to individuals 
170.13 	receiving home and community-based services. For purposes of developing and calculating 
170.14 	the proposed base wage, Minnesota-specific wages taken from job descriptions and standard 
170.15 	occupational classification (SOC) codes from the Bureau of Labor Statistics as defined in 
170.16 	the most recent edition of the Occupational Handbook must be used. The base wage index 
170.17 	must be calculated as follows:
170.18 	(1) for residential direct care staff, the sum of:
170.19 	(i) 15 percent of the subtotal of 50 percent of the median wage for personal and home 
170.20 	health aide (SOC code 39-9021); 30 percent of the median wage for nursing assistant (SOC 
170.21 	code 31-1014); and 20 percent of the median wage for social and human services aide (SOC 
170.22 	code 21-1093); and
170.23 	(ii) 85 percent of the subtotal of 20 percent of the median wage for home health aide 
170.24 	(SOC code 31-1011); 20 percent of the median wage for personal and home health aide 
170.25 	(SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code 
170.26 	31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); 
170.27 	and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
170.28 	(2) for day services, 20 percent of the median wage for nursing assistant (SOC code 
170.29 	31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); 
170.30 	and 60 percent of the median wage for social and human services aide (SOC code 21-1093);
170.31 	(3) for residential asleep-overnight staff, the wage is the minimum wage in Minnesota 
170.32 	for large employers, except in a family foster care setting, the wage is 36 percent of the 
170.33 	minimum wage in Minnesota for large employers;
171.1 	(4) for behavior program analyst staff, 100 percent of the median wage for mental health 
171.2 	counselors (SOC code 21-1014);
171.3 	(5) for behavior program professional staff, 100 percent of the median wage for clinical 
171.4 	counseling and school psychologist (SOC code 19-3031);
171.5 	(6) for behavior program specialist staff, 100 percent of the median wage for psychiatric 
171.6 	technicians (SOC code 29-2053);
171.7 	(7) for supportive living services staff, 20 percent of the median wage for nursing assistant 
171.8 	(SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 
171.9 	29-2053); and 60 percent of the median wage for social and human services aide (SOC code 
171.10 	21-1093);
171.11 	(8) for housing access coordination staff, 100 percent of the median wage for community 
171.12 	and social services specialist (SOC code 21-1099);
171.13 	(9) for in-home family support staff, 20 percent of the median wage for nursing aide 
171.14 	(SOC code 31-1012); 30 percent of the median wage for community social service specialist 
171.15 	(SOC code 21-1099); 40 percent of the median wage for social and human services aide 
171.16 	(SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC 
171.17 	code 29-2053);
171.18 	(10) for individualized home supports services staff, 40 percent of the median wage for 
171.19 	community social service specialist (SOC code 21-1099); 50 percent of the median wage 
171.20 	for social and human services aide (SOC code 21-1093); and ten percent of the median 
171.21 	wage for psychiatric technician (SOC code 29-2053);
171.22 	(11) for independent living skills staff, 40 percent of the median wage for community 
171.23 	social service specialist (SOC code 21-1099); 50 percent of the median wage for social and 
171.24 	human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric 
171.25 	technician (SOC code 29-2053);
171.26 	(12) for independent living skills specialist staff, 100 percent of mental health and 
171.27 	substance abuse social worker (SOC code 21-1023);
171.28 	(13) for supported employment staff, 20 percent of the median wage for nursing assistant 
171.29 	(SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 
171.30 	29-2053); and 60 percent of the median wage for social and human services aide (SOC code 
171.31 	21-1093);
172.1 	(14) for employment support services staff, 50 percent of the median wage for 
172.2 	rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for 
172.3 	community and social services specialist (SOC code 21-1099);
172.4 	(15) for employment exploration services staff, 50 percent of the median wage for 
172.5 	rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for 
172.6 	community and social services specialist (SOC code 21-1099);
172.7 	(16) for employment development services staff, 50 percent of the median wage for 
172.8 	education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent 
172.9 	of the median wage for community and social services specialist (SOC code 21-1099);
172.10 	(17) for adult companion staff, 50 percent of the median wage for personal and home 
172.11 	care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant 
172.12 	(SOC code 31-1014);
172.13 	(18) for night supervision staff, 20 percent of the median wage for home health aide 
172.14 	(SOC code 31-1011); 20 percent of the median wage for personal and home health aide 
172.15 	(SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code 
172.16 	31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); 
172.17 	and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
172.18 	(19) for respite staff, 50 percent of the median wage for personal and home care aide 
172.19 	(SOC code 39-9021); and 50 percent of the median wage for nursing assistant (SOC code 
172.20 	31-1014);
172.21 	(20) for personal support staff, 50 percent of the median wage for personal and home 
172.22 	care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant 
172.23 	(SOC code 31-1014);
172.24 	(21) for supervisory staff, 100 percent of the median wage for community and social 
172.25 	services specialist (SOC code 21-1099), with the exception of the supervisor of behavior 
172.26 	professional, behavior analyst, and behavior specialists, which is 100 percent of the median 
172.27 	wage for clinical counseling and school psychologist (SOC code 19-3031);
172.28 	(22) for registered nurse staff, 100 percent of the median wage for registered nurses 
172.29 	(SOC code 29-1141); and
172.30 	(23) for licensed practical nurse staff, 100 percent of the median wage for licensed 
172.31 	practical nurses (SOC code 29-2061).
172.32 	(b) Component values for residential support services are:
173.1 	(1) supervisory span of control ratio: 11 percent;
173.2 	(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
173.3 	(3) employee-related cost ratio: 23.6 percent;
173.4 	(4) general administrative support ratio: 13.25 percent;
173.5 	(5) program-related expense ratio: 1.3 percent; and
173.6 	(6) absence and utilization factor ratio: 3.9 percent.
173.7 	(c) Component values for family foster care are:
173.8 	(1) supervisory span of control ratio: 11 percent;
173.9 	(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
173.10 	(3) employee-related cost ratio: 23.6 percent;
173.11 	(4) general administrative support ratio: 3.3 percent;
173.12 	(5) program-related expense ratio: 1.3 percent; and
173.13 	(6) absence factor: 1.7 percent.
173.14 	(d) Component values for day services for all services are:
173.15 	(1) supervisory span of control ratio: 11 percent;
173.16 	(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
173.17 	(3) employee-related cost ratio: 23.6 percent;
173.18 	(4) program plan support ratio: 5.6 percent;
173.19 	(5) client programming and support ratio: ten percent;
173.20 	(6) general administrative support ratio: 13.25 percent;
173.21 	(7) program-related expense ratio: 1.8 percent; and
173.22 	(8) absence and utilization factor ratio: 9.4 percent.
173.23 	(e) Component values for unit-based services with programming are:
173.24 	(1) supervisory span of control ratio: 11 percent;
173.25 	(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
173.26 	(3) employee-related cost ratio: 23.6 percent;
173.27 	(4) program plan supports ratio: 15.5 percent;
174.1 	(5) client programming and supports ratio: 4.7 percent;
174.2 	(6) general administrative support ratio: 13.25 percent;
174.3 	(7) program-related expense ratio: 6.1 percent; and
174.4 	(8) absence and utilization factor ratio: 3.9 percent.
174.5 	(f) Component values for unit-based services without programming except respite are:
174.6 	(1) supervisory span of control ratio: 11 percent;
174.7 	(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
174.8 	(3) employee-related cost ratio: 23.6 percent;
174.9 	(4) program plan support ratio: 7.0 percent;
174.10 	(5) client programming and support ratio: 2.3 percent;
174.11 	(6) general administrative support ratio: 13.25 percent;
174.12 	(7) program-related expense ratio: 2.9 percent; and
174.13 	(8) absence and utilization factor ratio: 3.9 percent.
174.14 	(g) Component values for unit-based services without programming for respite are:
174.15 	(1) supervisory span of control ratio: 11 percent;
174.16 	(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
174.17 	(3) employee-related cost ratio: 23.6 percent;
174.18 	(4) general administrative support ratio: 13.25 percent;
174.19 	(5) program-related expense ratio: 2.9 percent; and
174.20 	(6) absence and utilization factor ratio: 3.9 percent.
174.21 	(h) On July 1, 2017, the commissioner shall update the base wage index in paragraph 
174.22 	(a) based on the wage data by standard occupational code (SOC) from the Bureau of Labor 
174.23 	Statistics available on December 31, 2016. The commissioner shall publish these updated 
174.24 	values and load them into the rate management system. On July January 1, 2022, and every 
174.25 	five two years thereafter, the commissioner shall update the base wage index in paragraph 
174.26 	(a) based on the most recently available wage data by SOC from the Bureau of Labor 
174.27 	Statistics available on December 31 of the year two years prior to the scheduled update. 
174.28 	The commissioner shall publish these updated values and load them into the rate management 
174.29 	system.
175.1 	(i) On July 1, 2017, the commissioner shall update the framework components in 
175.2 	paragraph (d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5); subdivision 
175.3 	6, clauses (8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes in the 
175.4 	Consumer Price Index. The commissioner will adjust these values higher or lower by the 
175.5 	percentage change in the Consumer Price Index-All Items, United States city average 
175.6 	(CPI-U) from January 1, 2014, to January 1, 2017. The commissioner shall publish these 
175.7 	updated values and load them into the rate management system. On July January 1, 2022, 
175.8 	and every five two years thereafter, the commissioner shall update the framework components 
175.9 	in paragraph (d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5); 
175.10 	subdivision 6, clauses (8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes 
175.11 	in the Consumer Price Index. The commissioner shall adjust these values higher or lower 
175.12 	by the percentage change in the CPI-U from the date of the previous update to the date of 
175.13 	the data most recently available on December 31 of the year two years prior to the scheduled 
175.14 	update. The commissioner shall publish these updated values and load them into the rate 
175.15 	management system.
175.16 	(j) In this subdivision, if Bureau of Labor Statistics occupational codes or Consumer 
175.17 	Price Index items are unavailable in the future, the commissioner shall recommend to the 
175.18 	legislature codes or items to update and replace missing component values.
175.19 	(k) The commissioner shall increase the updated base wage index in paragraph (h) with 
175.20 	a competitive workforce factor of 8.35 percent. The lead agencies must implement the 
175.21 	competitive workforce factor on the date the competitive workforce factor is effective and 
175.22 	not as reassessments, reauthorizations, or service plan renewals occur.

175.23 	EFFECTIVE DATE. (a) The amendments to paragraphs (h) and (i) are effective January 
175.24 	1, 2022, or upon federal approval, whichever is later. The commissioner shall inform the 
175.25 	revisor of statutes when federal approval is obtained.
175.26 	(b) Paragraph (k) is effective July 1, 2018, or upon federal approval, whichever is later. 
175.27 	The commissioner shall inform the revisor of statutes when federal approval is obtained.

175.28 	Sec. 19. Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 6, is 
175.29 	amended to read:
175.30 		Subd. 6.Payments for residential support services. (a) Payments for residential support 
175.31 	services, as defined in sections 256B.092, subdivision 11, and 256B.49, subdivision 22, 
175.32 	must be calculated as follows:
176.1 	(1) determine the number of shared staffing and individual direct staff hours to meet a 
176.2 	recipient's needs provided on site or through monitoring technology;
176.3 	(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics 
176.4 	Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 
176.5 	5. This is defined as the direct-care rate;
176.6 	(3) for a recipient requiring customization for deaf and hard-of-hearing language 
176.7 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
176.8 	to the result of clause (2). This is defined as the customized direct-care rate;
176.9 	(4) multiply the number of shared and individual direct staff hours provided on site or 
176.10 	through monitoring technology and nursing hours by the appropriate staff wages in 
176.11 	subdivision 5, paragraph (a), or the customized direct-care rate;
176.12 	(5) multiply the number of shared and individual direct staff hours provided on site or 
176.13 	through monitoring technology and nursing hours by the product of the supervision span 
176.14 	of control ratio in subdivision 5, paragraph (b), clause (1), and the appropriate supervision 
176.15 	wage in subdivision 5, paragraph (a), clause (21);
176.16 	(6) combine the results of clauses (4) and (5), excluding any shared and individual direct 
176.17 	staff hours provided through monitoring technology, and multiply the result by one plus 
176.18 	the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (b), 
176.19 	clause (2). This is defined as the direct staffing cost;
176.20 	(7) for employee-related expenses, multiply the direct staffing cost, excluding any shared 
176.21 	and individual direct staff hours provided through monitoring technology, by one plus the 
176.22 	employee-related cost ratio in subdivision 5, paragraph (b), clause (3);
176.23 	(8) for client programming and supports, the commissioner shall add $2,179; and
176.24 	(9) for transportation, if provided, the commissioner shall add $1,680, or $3,000 if 
176.25 	customized for adapted transport, based on the resident with the highest assessed need.
176.26 	(b) The total rate must be calculated using the following steps:
176.27 	(1) subtotal paragraph (a), clauses (7) to (9), and the direct staffing cost of any shared 
176.28 	and individual direct staff hours provided through monitoring technology that was excluded 
176.29 	in clause (7);
176.30 	(2) sum the standard general and administrative rate, the program-related expense ratio, 
176.31 	and the absence and utilization ratio; and
177.1 	(3) divide the result of clause (1) by one minus the result of clause (2). This is the total 
177.2 	payment amount; and.
177.3 	(4) adjust the result of clause (3) by a factor to be determined by the commissioner to 
177.4 	adjust for regional differences in the cost of providing services.
177.5 	(c) The payment methodology for customized living, 24-hour customized living, and 
177.6 	residential care services must be the customized living tool. Revisions to the customized 
177.7 	living tool must be made to reflect the services and activities unique to disability-related 
177.8 	recipient needs.
177.9 	(d) For individuals enrolled prior to January 1, 2014, the days of service authorized must 
177.10 	meet or exceed the days of service used to convert service agreements in effect on December 
177.11 	1, 2013, and must not result in a reduction in spending or service utilization due to conversion 
177.12 	during the implementation period under section 256B.4913, subdivision 4a. If during the 
177.13 	implementation period, an individual's historical rate, including adjustments required under 
177.14 	section 256B.4913, subdivision 4a, paragraph (c), is equal to or greater than the rate 
177.15 	determined in this subdivision, the number of days authorized for the individual is 365.
177.16 	(e) The number of days authorized for all individuals enrolling after January 1, 2014, 
177.17 	in residential services must include every day that services start and end.

177.18 	EFFECTIVE DATE. This section is effective January 1, 2022.

177.19 	Sec. 20. Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 7, is 
177.20 	amended to read:
177.21 		Subd. 7.Payments for day programs. Payments for services with day programs 
177.22 	including adult day care, day treatment and habilitation, prevocational services, and structured 
177.23 	day services must be calculated as follows:
177.24 	(1) determine the number of units of service and staffing ratio to meet a recipient's needs:
177.25 	(i) the staffing ratios for the units of service provided to a recipient in a typical week 
177.26 	must be averaged to determine an individual's staffing ratio; and
177.27 	(ii) the commissioner, in consultation with service providers, shall develop a uniform 
177.28 	staffing ratio worksheet to be used to determine staffing ratios under this subdivision;
177.29 	(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics 
177.30 	Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 
177.31 	5;
178.1 	(3) for a recipient requiring customization for deaf and hard-of-hearing language 
178.2 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
178.3 	to the result of clause (2). This is defined as the customized direct-care rate;
178.4 	(4) multiply the number of day program direct staff hours and nursing hours by the 
178.5 	appropriate staff wage in subdivision 5, paragraph (a), or the customized direct-care rate;
178.6 	(5) multiply the number of day direct staff hours by the product of the supervision span 
178.7 	of control ratio in subdivision 5, paragraph (d), clause (1), and the appropriate supervision 
178.8 	wage in subdivision 5, paragraph (a), clause (21);
178.9 	(6) combine the results of clauses (4) and (5), and multiply the result by one plus the 
178.10 	employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (d), clause 
178.11 	(2). This is defined as the direct staffing rate;
178.12 	(7) for program plan support, multiply the result of clause (6) by one plus the program 
178.13 	plan support ratio in subdivision 5, paragraph (d), clause (4);
178.14 	(8) for employee-related expenses, multiply the result of clause (7) by one plus the 
178.15 	employee-related cost ratio in subdivision 5, paragraph (d), clause (3);
178.16 	(9) for client programming and supports, multiply the result of clause (8) by one plus 
178.17 	the client programming and support ratio in subdivision 5, paragraph (d), clause (5);
178.18 	(10) for program facility costs, add $19.30 per week with consideration of staffing ratios 
178.19 	to meet individual needs;
178.20 	(11) for adult day bath services, add $7.01 per 15 minute unit;
178.21 	(12) this is the subtotal rate;
178.22 	(13) sum the standard general and administrative rate, the program-related expense ratio, 
178.23 	and the absence and utilization factor ratio;
178.24 	(14) divide the result of clause (12) by one minus the result of clause (13). This is the 
178.25 	total payment amount;
178.26 	(15) adjust the result of clause (14) by a factor to be determined by the commissioner 
178.27 	to adjust for regional differences in the cost of providing services;
178.28 	(16)(15) for transportation provided as part of day training and habilitation for an 
178.29 	individual who does not require a lift, add:
179.1 	(i) $10.50 for a trip between zero and ten miles for a nonshared ride in a vehicle without 
179.2 	a lift, $8.83 for a shared ride in a vehicle without a lift, and $9.25 for a shared ride in a 
179.3 	vehicle with a lift;
179.4 	(ii) $15.75 for a trip between 11 and 20 miles for a nonshared ride in a vehicle without 
179.5 	a lift, $10.58 for a shared ride in a vehicle without a lift, and $11.88 for a shared ride in a 
179.6 	vehicle with a lift;
179.7 	(iii) $25.75 for a trip between 21 and 50 miles for a nonshared ride in a vehicle without 
179.8 	a lift, $13.92 for a shared ride in a vehicle without a lift, and $16.88 for a shared ride in a 
179.9 	vehicle with a lift; or
179.10 	(iv) $33.50 for a trip of 51 miles or more for a nonshared ride in a vehicle without a lift, 
179.11 	$16.50 for a shared ride in a vehicle without a lift, and $20.75 for a shared ride in a vehicle 
179.12 	with a lift; and
179.13 	(17) (16) for transportation provided as part of day training and habilitation for an 
179.14 	individual who does require a lift, add:
179.15 	(i) $19.05 for a trip between zero and ten miles for a nonshared ride in a vehicle with a 
179.16 	lift, and $15.05 for a shared ride in a vehicle with a lift;
179.17 	(ii) $32.16 for a trip between 11 and 20 miles for a nonshared ride in a vehicle with a 
179.18 	lift, and $28.16 for a shared ride in a vehicle with a lift;
179.19 	(iii) $58.76 for a trip between 21 and 50 miles for a nonshared ride in a vehicle with a 
179.20 	lift, and $58.76 for a shared ride in a vehicle with a lift; or
179.21 	(iv) $80.93 for a trip of 51 miles or more for a nonshared ride in a vehicle with a lift, 
179.22 	and $80.93 for a shared ride in a vehicle with a lift.

179.23 	EFFECTIVE DATE. This section is effective January 1, 2022.

179.24 	Sec. 21. Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 8, is 
179.25 	amended to read:
179.26 		Subd. 8.Payments for unit-based services with programming. Payments for unit-based 
179.27 	services with programming, including behavior programming, housing access coordination, 
179.28 	in-home family support, independent living skills training, independent living skills specialist 
179.29 	services, individualized home supports, hourly supported living services, employment 
179.30 	exploration services, employment development services, supported employment, and 
179.31 	employment support services provided to an individual outside of any day or residential 
180.1 	service plan must be calculated as follows, unless the services are authorized separately 
180.2 	under subdivision 6 or 7:
180.3 	(1) determine the number of units of service to meet a recipient's needs;
180.4 	(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics 
180.5 	Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 
180.6 	5;
180.7 	(3) for a recipient requiring customization for deaf and hard-of-hearing language 
180.8 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
180.9 	to the result of clause (2). This is defined as the customized direct-care rate;
180.10 	(4) multiply the number of direct staff hours by the appropriate staff wage in subdivision 
180.11 	5, paragraph (a), or the customized direct-care rate;
180.12 	(5) multiply the number of direct staff hours by the product of the supervision span of 
180.13 	control ratio in subdivision 5, paragraph (e), clause (1), and the appropriate supervision 
180.14 	wage in subdivision 5, paragraph (a), clause (21);
180.15 	(6) combine the results of clauses (4) and (5), and multiply the result by one plus the 
180.16 	employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (e), clause 
180.17 	(2). This is defined as the direct staffing rate;
180.18 	(7) for program plan support, multiply the result of clause (6) by one plus the program 
180.19 	plan supports ratio in subdivision 5, paragraph (e), clause (4);
180.20 	(8) for employee-related expenses, multiply the result of clause (7) by one plus the 
180.21 	employee-related cost ratio in subdivision 5, paragraph (e), clause (3);
180.22 	(9) for client programming and supports, multiply the result of clause (8) by one plus 
180.23 	the client programming and supports ratio in subdivision 5, paragraph (e), clause (5);
180.24 	(10) this is the subtotal rate;
180.25 	(11) sum the standard general and administrative rate, the program-related expense ratio, 
180.26 	and the absence and utilization factor ratio;
180.27 	(12) divide the result of clause (10) by one minus the result of clause (11). This is the 
180.28 	total payment amount; and
180.29 	(13) for supported employment provided in a shared manner, divide the total payment 
180.30 	amount in clause (12) by the number of service recipients, not to exceed three. For 
180.31 	employment support services provided in a shared manner, divide the total payment amount 
180.32 	in clause (12) by the number of service recipients, not to exceed six. For independent living 
181.1 	skills training and individualized home supports provided in a shared manner, divide the 
181.2 	total payment amount in clause (12) by the number of service recipients, not to exceed two; 
181.3 	and.
181.4 	(14) adjust the result of clause (13) by a factor to be determined by the commissioner 
181.5 	to adjust for regional differences in the cost of providing services.

181.6 	EFFECTIVE DATE. This section is effective January 1, 2022.

181.7 	Sec. 22. Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 9, is 
181.8 	amended to read:
181.9 		Subd. 9.Payments for unit-based services without programming. Payments for 
181.10 	unit-based services without programming, including night supervision, personal support, 
181.11 	respite, and companion care provided to an individual outside of any day or residential 
181.12 	service plan must be calculated as follows unless the services are authorized separately 
181.13 	under subdivision 6 or 7:
181.14 	(1) for all services except respite, determine the number of units of service to meet a 
181.15 	recipient's needs;
181.16 	(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics 
181.17 	Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;
181.18 	(3) for a recipient requiring customization for deaf and hard-of-hearing language 
181.19 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
181.20 	to the result of clause (2). This is defined as the customized direct care rate;
181.21 	(4) multiply the number of direct staff hours by the appropriate staff wage in subdivision 
181.22 	5 or the customized direct care rate;
181.23 	(5) multiply the number of direct staff hours by the product of the supervision span of 
181.24 	control ratio in subdivision 5, paragraph (f), clause (1), and the appropriate supervision 
181.25 	wage in subdivision 5, paragraph (a), clause (21);
181.26 	(6) combine the results of clauses (4) and (5), and multiply the result by one plus the 
181.27 	employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (f), clause 
181.28 	(2). This is defined as the direct staffing rate;
181.29 	(7) for program plan support, multiply the result of clause (6) by one plus the program 
181.30 	plan support ratio in subdivision 5, paragraph (f), clause (4);
181.31 	(8) for employee-related expenses, multiply the result of clause (7) by one plus the 
181.32 	employee-related cost ratio in subdivision 5, paragraph (f), clause (3);
182.1 	(9) for client programming and supports, multiply the result of clause (8) by one plus 
182.2 	the client programming and support ratio in subdivision 5, paragraph (f), clause (5);
182.3 	(10) this is the subtotal rate;
182.4 	(11) sum the standard general and administrative rate, the program-related expense ratio, 
182.5 	and the absence and utilization factor ratio;
182.6 	(12) divide the result of clause (10) by one minus the result of clause (11). This is the 
182.7 	total payment amount;
182.8 	(13) for respite services, determine the number of day units of service to meet an 
182.9 	individual's needs;
182.10 	(14) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics 
182.11 	Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;
182.12 	(15) for a recipient requiring deaf and hard-of-hearing customization under subdivision 
182.13 	12, add the customization rate provided in subdivision 12 to the result of clause (14). This 
182.14 	is defined as the customized direct care rate;
182.15 	(16) multiply the number of direct staff hours by the appropriate staff wage in subdivision 
182.16 	5, paragraph (a);
182.17 	(17) multiply the number of direct staff hours by the product of the supervisory span of 
182.18 	control ratio in subdivision 5, paragraph (g), clause (1), and the appropriate supervision 
182.19 	wage in subdivision 5, paragraph (a), clause (21);
182.20 	(18) combine the results of clauses (16) and (17), and multiply the result by one plus 
182.21 	the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (g), 
182.22 	clause (2). This is defined as the direct staffing rate;
182.23 	(19) for employee-related expenses, multiply the result of clause (18) by one plus the 
182.24 	employee-related cost ratio in subdivision 5, paragraph (g), clause (3);
182.25 	(20) this is the subtotal rate;
182.26 	(21) sum the standard general and administrative rate, the program-related expense ratio, 
182.27 	and the absence and utilization factor ratio; and
182.28 	(22) divide the result of clause (20) by one minus the result of clause (21). This is the 
182.29 	total payment amount; and.
182.30 	(23) adjust the result of clauses (12) and (22) by a factor to be determined by the 
182.31 	commissioner to adjust for regional differences in the cost of providing services.

183.1 	EFFECTIVE DATE. This section is effective January 1, 2022.

183.2 	Sec. 23. Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 10, is 
183.3 	amended to read:
183.4 		Subd. 10.Updating payment values and additional information. (a) From January 
183.5 	1, 2014, through December 31, 2017, the commissioner shall develop and implement uniform 
183.6 	procedures to refine terms and adjust values used to calculate payment rates in this section.
183.7 	(b) No later than July 1, 2014, the commissioner shall, within available resources, begin 
183.8 	to conduct research and gather data and information from existing state systems or other 
183.9 	outside sources on the following items:
183.10 	(1) differences in the underlying cost to provide services and care across the state; and
183.11 	(2) mileage, vehicle type, lift requirements, incidents of individual and shared rides, and 
183.12 	units of transportation for all day services, which must be collected from providers using 
183.13 	the rate management worksheet and entered into the rates management system; and
183.14 	(3) the distinct underlying costs for services provided by a license holder under sections 
183.15 	245D.05, 245D.06, 245D.07, 245D.071, 245D.081, and 245D.09, and for services provided 
183.16 	by a license holder certified under section 245D.33.
183.17 	(c) Beginning January 1, 2014, through December 31, 2018, using a statistically valid 
183.18 	set of rates management system data, the commissioner, in consultation with stakeholders, 
183.19 	shall analyze for each service the average difference in the rate on December 31, 2013, and 
183.20 	the framework rate at the individual, provider, lead agency, and state levels. The 
183.21 	commissioner shall issue semiannual reports to the stakeholders on the difference in rates 
183.22 	by service and by county during the banding period under section 256B.4913, subdivision 
183.23 	4a. The commissioner shall issue the first report by October 1, 2014, and the final report 
183.24 	shall be issued by December 31, 2018.
183.25 	(d) No later than July 1, 2014, the commissioner, in consultation with stakeholders, shall 
183.26 	begin the review and evaluation of the following values already in subdivisions 6 to 9, or 
183.27 	issues that impact all services, including, but not limited to:
183.28 	(1) values for transportation rates;
183.29 	(2) values for services where monitoring technology replaces staff time;
183.30 	(3) values for indirect services;
183.31 	(4) values for nursing;
184.1 	(5) values for the facility use rate in day services, and the weightings used in the day 
184.2 	service ratios and adjustments to those weightings;
184.3 	(6) values for workers' compensation as part of employee-related expenses;
184.4 	(7) values for unemployment insurance as part of employee-related expenses;
184.5 	(8) any changes in state or federal law with a direct impact on the underlying cost of 
184.6 	providing home and community-based services; and
184.7 	(9) direct care staff labor market measures; and
184.8 	(10) outcome measures, determined by the commissioner, for home and community-based 
184.9 	services rates determined under this section.
184.10 	(e) The commissioner shall report to the chairs and the ranking minority members of 
184.11 	the legislative committees and divisions with jurisdiction over health and human services 
184.12 	policy and finance with the information and data gathered under paragraphs (b) to (d) on 
184.13 	the following dates:
184.14 	(1) January 15, 2015, with preliminary results and data;
184.15 	(2) January 15, 2016, with a status implementation update, and additional data and 
184.16 	summary information;
184.17 	(3) January 15, 2017, with the full report; and
184.18 	(4) January 15, 2020, with another full report, and a full report once every four years 
184.19 	thereafter.
184.20 	(f) The commissioner shall implement a regional adjustment factor to all rate calculations 
184.21 	in subdivisions 6 to 9, effective no later than January 1, 2015. Beginning July 1, 2017, the 
184.22 	commissioner shall renew analysis and implement changes to the regional adjustment factors 
184.23 	when adjustments required under subdivision 5, paragraph (h), occur. Prior to 
184.24 	implementation, the commissioner shall consult with stakeholders on the methodology to 
184.25 	calculate the adjustment.
184.26 	(g) The commissioner shall provide a public notice via LISTSERV in October of each 
184.27 	year beginning October 1, 2014, containing information detailing legislatively approved 
184.28 	changes in:
184.29 	(1) calculation values including derived wage rates and related employee and 
184.30 	administrative factors;
184.31 	(2) service utilization;
185.1 	(3) county and tribal allocation changes; and
185.2 	(4) information on adjustments made to calculation values and the timing of those 
185.3 	adjustments.
185.4 	The information in this notice must be effective January 1 of the following year.
185.5 	(h) When the available shared staffing hours in a residential setting are insufficient to 
185.6 	meet the needs of an individual who enrolled in residential services after January 1, 2014, 
185.7 	or insufficient to meet the needs of an individual with a service agreement adjustment 
185.8 	described in section 256B.4913, subdivision 4a, paragraph (f), then individual staffing hours 
185.9 	shall be used.
185.10 	(i) The commissioner shall study the underlying cost of absence and utilization for day 
185.11 	services. Based on the commissioner's evaluation of the data collected under this paragraph, 
185.12 	the commissioner shall make recommendations to the legislature by January 15, 2018, for 
185.13 	changes, if any, to the absence and utilization factor ratio component value for day services.
185.14 	(j) Beginning July 1, 2017, the commissioner shall collect transportation and trip 
185.15 	information for all day services through the rates management system.

185.16 	Sec. 24. Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 10a, is 
185.17 	amended to read:
185.18 		Subd. 10a.Reporting and analysis of cost data. (a) The commissioner must ensure 
185.19 	that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the 
185.20 	service. As determined by the commissioner, in consultation with stakeholders identified 
185.21 	in section 256B.4913, subdivision 5, a provider enrolled to provide services with rates 
185.22 	determined under this section must submit requested cost data to the commissioner to support 
185.23 	research on the cost of providing services that have rates determined by the disability waiver 
185.24 	rates system. Requested cost data may include, but is not limited to:
185.25 	(1) worker wage costs;
185.26 	(2) benefits paid;
185.27 	(3) supervisor wage costs;
185.28 	(4) executive wage costs;
185.29 	(5) vacation, sick, and training time paid;
185.30 	(6) taxes, workers' compensation, and unemployment insurance costs paid;
185.31 	(7) administrative costs paid;
186.1 	(8) program costs paid;
186.2 	(9) transportation costs paid;
186.3 	(10) vacancy rates; and
186.4 	(11) other data relating to costs required to provide services requested by the 
186.5 	commissioner.
186.6 	(b) At least once in any five-year period, a provider must submit cost data for a fiscal 
186.7 	year that ended not more than 18 months prior to the submission date. The commissioner 
186.8 	shall provide each provider a 90-day notice prior to its submission due date. If a provider 
186.9 	fails to submit required reporting data, the commissioner shall provide notice to providers 
186.10 	that have not provided required data 30 days after the required submission date, and a second 
186.11 	notice for providers who have not provided required data 60 days after the required 
186.12 	submission date. The commissioner shall temporarily suspend payments to the provider if 
186.13 	cost data is not received 90 days after the required submission date. Withheld payments 
186.14 	shall be made once data is received by the commissioner.
186.15 	(c) The commissioner shall conduct a random validation of data submitted under 
186.16 	paragraph (a) to ensure data accuracy. The commissioner shall analyze cost documentation 
186.17 	in paragraph (a) and provide recommendations for adjustments to cost components.
186.18 	(d) The commissioner shall analyze cost documentation in paragraph (a) and, in 
186.19 	consultation with stakeholders identified in section 256B.4913, subdivision 5, may submit 
186.20 	recommendations on component values and inflationary factor adjustments to the chairs 
186.21 	and ranking minority members of the legislative committees with jurisdiction over human 
186.22 	services every four years beginning January 1, 2020. The commissioner shall make 
186.23 	recommendations in conjunction with reports submitted to the legislature according to 
186.24 	subdivision 10, paragraph (e). The commissioner shall release cost data in an aggregate 
186.25 	form, and cost data from individual providers shall not be released except as provided for 
186.26 	in current law.
186.27 	(e) The commissioner, in consultation with stakeholders identified in section 256B.4913, 
186.28 	subdivision 5, shall develop and implement a process for providing training and technical 
186.29 	assistance necessary to support provider submission of cost documentation required under 
186.30 	paragraph (a).
186.31 	(f) Beginning January 1, 2019, providers enrolled to provide services with rates 
186.32 	determined under this section shall submit labor market data to the commissioner annually, 
186.33 	including, but not limited to:
187.1 	(1) number of direct care staff;
187.2 	(2) wages of direct care staff;
187.3 	(3) overtime wages of direct care staff;
187.4 	(4) hours worked by direct care staff;
187.5 	(5) overtime hours worked by direct care staff;
187.6 	(6) benefits provided to direct care staff;
187.7 	(7) direct care staff job vacancies; and
187.8 	(8) direct care staff retention rates.
187.9 	(g) Beginning January 15, 2020, the commissioner shall publish annual reports on 
187.10 	provider and state-level labor market data, including, but not limited to:
187.11 	(1) number of direct care staff;
187.12 	(2) wages of direct care staff;
187.13 	(3) overtime wages of direct care staff;
187.14 	(4) hours worked by direct care staff;
187.15 	(5) overtime hours worked by direct care staff;
187.16 	(6) benefits provided to direct care staff;
187.17 	(7) direct care staff job vacancies; and
187.18 	(8) direct care staff retention rates.

187.19 	Sec. 25. Minnesota Statutes 2016, section 256B.5012, is amended by adding a subdivision 
187.20 	to read:
187.21 		Subd. 18.ICF/DD rate increase effective July 1, 2018; Steele County. Effective July 
187.22 	1, 2018, the daily rate for an intermediate care facility for persons with developmental 
187.23 	disabilities located in Steele County that is classified as a class B facility and licensed for 
187.24 	16 beds is $400. The increase under this subdivision is in addition to any other increase that 
187.25 	is effective on July 1, 2018.

187.26 	Sec. 26. Minnesota Statutes 2016, section 256R.53, subdivision 2, is amended to read:
187.27 		Subd. 2.Nursing facility facilities in Breckenridge border cities. The operating 
187.28 	payment rate of a nonprofit nursing facility that exists on January 1, 2015, is located within 
188.1 	the boundaries of the city cities of Breckenridge or Moorhead, and is reimbursed under this 
188.2 	chapter, is equal to the greater of:
188.3 	(1) the operating payment rate determined under section 256R.21, subdivision 3; or
188.4 	(2) the median case mix adjusted rates, including comparable rate components as 
188.5 	determined by the median case mix adjusted rates, including comparable rate components 
188.6 	as determined by the commissioner, for the equivalent case mix indices of the nonprofit 
188.7 	nursing facility or facilities located in an adjacent city in another state and in cities contiguous 
188.8 	to the adjacent city. The commissioner shall make the comparison required in this subdivision 
188.9 	on November 1 of each year and shall apply it to the rates to be effective on the following 
188.10 	January 1. The Minnesota facility's operating payment rate with a case mix index of 1.0 is 
188.11 	computed by dividing the adjacent city's nursing facility or facilities' median operating 
188.12 	payment rate with an index of 1.02 by 1.02. If the adjustments under this subdivision result 
188.13 	in a rate that exceeds the limits in section 256R.23, subdivision 5, and whose costs exceed 
188.14 	the rate in section 256R.24, subdivision 3, in a given rate year, the facility's rate shall not 
188.15 	be subject to the limits in section 256R.23, subdivision 5, and shall not be limited to the 
188.16 	rate established in section 256R.24, subdivision 3, for that rate year.

188.17 	EFFECTIVE DATE. The rate increases for a facility located in Moorhead are effective 
188.18 	for the rate year beginning January 1, 2020, and annually thereafter.

188.19 	Sec. 27. Laws 2014, chapter 312, article 27, section 76, is amended to read:
188.20 	Sec. 76. DISABILITY WAIVER REIMBURSEMENT RATE ADJUSTMENTS.
 188.21 		Subdivision 1.Historical rate. The commissioner of human services shall adjust the 
188.22 	historical rates calculated in Minnesota Statutes, section 256B.4913, subdivision 4a, 
188.23 	paragraph (b), in effect during the banding period under Minnesota Statutes, section 
188.24 	256B.4913, subdivision 4a, paragraph (a), for the reimbursement rate increases effective 
188.25 	April 1, 2014, and any rate modification enacted during the 2014 legislative session.
188.26 		Subd. 2.Residential support services. The commissioner of human services shall adjust 
188.27 	the rates calculated in Minnesota Statutes, section 256B.4914, subdivision 6, paragraphs 
188.28 	(b), clause (4), and (c), for the reimbursement rate increases effective April 1, 2014, and 
188.29 	any rate modification enacted during the 2014 legislative session.
188.30 		Subd. 3.Day programs. The commissioner of human services shall adjust the rates 
188.31 	calculated in Minnesota Statutes, section 256B.4914, subdivision 7, paragraph (a), clauses 
188.32 	(15) to (17), for the reimbursement rate increases effective April 1, 2014, and any rate 
188.33 	modification enacted during the 2014 legislative session.
189.1 		Subd. 4.Unit-based services with programming. The commissioner of human services 
189.2 	shall adjust the rate calculated in Minnesota Statutes, section 256B.4914, subdivision 8, 
189.3 	paragraph (a), clause (14), for the reimbursement rate increases effective April 1, 2014, and 
189.4 	any rate modification enacted during the 2014 legislative session.
189.5 		Subd. 5.Unit-based services without programming. The commissioner of human 
189.6 	services shall adjust the rate calculated in Minnesota Statutes, section 256B.4914, subdivision 
189.7 	9, paragraph (a), clause (23), for the reimbursement rate increases effective April 1, 2014, 
189.8 	and any rate modification enacted during the 2014 legislative session.

189.9 	EFFECTIVE DATE. This section is effective January 1, 2019.

189.10 	Sec. 28. Laws 2017, First Special Session chapter 6, article 3, section 49, is amended to 
189.11 	read:
189.12 	Sec. 49. ELECTRONIC SERVICE DELIVERY DOCUMENTATION SYSTEM
189.13 	VISIT VERIFICATION.
 189.14 		Subdivision 1.Documentation; establishment. The commissioner of human services 
189.15 	shall establish implementation requirements and standards for an electronic service delivery 
189.16 	documentation system visit verification to comply with the 21st Century Cures Act, Public 
189.17 	Law 114-255. Within available appropriations, the commissioner shall take steps to comply 
189.18 	with the electronic visit verification requirements in the 21st Century Cures Act, Public 
189.19 	Law 114-255.
189.20 		Subd. 2.Definitions. (a) For purposes of this section, the terms in this subdivision have 
189.21 	the meanings given them.
189.22 	(b) "Electronic service delivery documentation visit verification" means the electronic 
189.23 	documentation of the:
189.24 	(1) type of service performed;
189.25 	(2) individual receiving the service;
189.26 	(3) date of the service;
189.27 	(4) location of the service delivery;
189.28 	(5) individual providing the service; and
189.29 	(6) time the service begins and ends.
189.30 	(c) "Electronic service delivery documentation visit verification system" means a system 
189.31 	that provides electronic service delivery documentation verification of services that complies 
190.1 	with the 21st Century Cures Act, Public Law 114-255, and the requirements of subdivision 
190.2 	3.
190.3 	(d) "Service" means one of the following:
190.4 	(1) personal care assistance services as defined in Minnesota Statutes, section 256B.0625, 
190.5 	subdivision 19a, and provided according to Minnesota Statutes, section 256B.0659; or
190.6 	(2) community first services and supports under Minnesota Statutes, section 256B.85;
190.7 	(3) home health services under Minnesota Statutes, section 256B.0625, subdivision 6a; 
190.8 	or
190.9 	(4) other medical supplies and equipment or home and community-based services that 
190.10 	are required to be electronically verified by the 21st Century Cures Act, Public Law 114-255.
190.11 		Subd. 3.Requirements. (a) In developing implementation requirements for an electronic 
190.12 	service delivery documentation system visit verification, the commissioner shall consider 
190.13 	electronic visit verification systems and other electronic service delivery documentation 
190.14 	methods. The commissioner shall convene stakeholders that will be impacted by an electronic 
190.15 	service delivery system, including service providers and their representatives, service 
190.16 	recipients and their representatives, and, as appropriate, those with expertise in the 
190.17 	development and operation of an electronic service delivery documentation system, to ensure 
190.18 	that the requirements:
190.19 	(1) are minimally administratively and financially burdensome to a provider;
190.20 	(2) are minimally burdensome to the service recipient and the least disruptive to the 
190.21 	service recipient in receiving and maintaining allowed services;
190.22 	(3) consider existing best practices and use of electronic service delivery documentation
190.23 	visit verification;
190.24 	(4) are conducted according to all state and federal laws;
190.25 	(5) are effective methods for preventing fraud when balanced against the requirements 
190.26 	of clauses (1) and (2); and
190.27 	(6) are consistent with the Department of Human Services' policies related to covered 
190.28 	services, flexibility of service use, and quality assurance.
190.29 	(b) The commissioner shall make training available to providers on the electronic service 
190.30 	delivery documentation visit verification system requirements.
191.1 	(c) The commissioner shall establish baseline measurements related to preventing fraud 
191.2 	and establish measures to determine the effect of electronic service delivery documentation
191.3 	visit verification requirements on program integrity.
191.4 	(d) The commissioner shall make a state-selected electronic visit verification system 
191.5 	available to providers of services.
191.6 		Subd. 3a.Provider requirements. (a) Providers of services may select their own 
191.7 	electronic visit verification system that meets the requirements established by the 
191.8 	commissioner.
191.9 	(b) All electronic visit verification systems used by providers to comply with the 
191.10 	requirements established by the commissioner must provide data to the commissioner in a 
191.11 	format and at a frequency to be established by the commissioner.
191.12 	(c) Providers must implement the electronic visit verification systems required under 
191.13 	this section by January 1, 2019, for personal care services and by January 1, 2023, for home 
191.14 	health services in accordance with the 21st Century Cures Act, Public Law 114-255, and 
191.15 	the Centers for Medicare and Medicaid Services guidelines. For the purposes of this 
191.16 	paragraph, "personal care services" and "home health services" have the meanings given 
191.17 	in United States Code, title 42, section 1396b(l)(5).
191.18 		Subd. 4.Legislative report. (a) The commissioner shall submit a report by January 15, 
191.19 	2018, to the chairs and ranking minority members of the legislative committees with 
191.20 	jurisdiction over human services with recommendations, based on the requirements of 
191.21 	subdivision 3, to establish electronic service delivery documentation system requirements 
191.22 	and standards. The report shall identify:
191.23 	(1) the essential elements necessary to operationalize a base-level electronic service 
191.24 	delivery documentation system to be implemented by January 1, 2019; and
191.25 	(2) enhancements to the base-level electronic service delivery documentation system to 
191.26 	be implemented by January 1, 2019, or after, with projected operational costs and the costs 
191.27 	and benefits for system enhancements.
191.28 	(b) The report must also identify current regulations on service providers that are either 
191.29 	inefficient, minimally effective, or will be unnecessary with the implementation of an 
191.30 	electronic service delivery documentation system.

192.1 	Sec. 29. DIRECTION TO COMMISSIONER; PRESCRIBED PEDIATRIC 
192.2 	EXTENDED CARE.
 192.3 	No later than August 15, 2018, the commissioner of human services shall submit to the 
192.4 	federal Centers for Medicare and Medicaid Services any medical assistance state plan 
192.5 	amendments necessary to cover prescribed pediatric extended care center basic services 
192.6 	according to Minnesota Statutes, section 256B.0625, subdivision 65.

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

192.8 	Sec. 30. DIRECTION TO COMMISSIONER; BI AND CADI WAIVER 
192.9 	CUSTOMIZED LIVING SERVICES PROVIDER LOCATED IN HENNEPIN 
192.10 	COUNTY.
 192.11 	(a) The commissioner of human services shall allow a housing with services establishment 
192.12 	located in Minneapolis that provides customized living and 24-hour customized living 
192.13 	services for clients enrolled in the brain injury (BI) or community access for disability 
192.14 	inclusion (CADI) waiver and had a capacity to serve 66 clients as of July 1, 2017, to transfer 
192.15 	service capacity of up to 66 clients to no more than three new housing with services 
192.16 	establishments located in Hennepin County.
192.17 	(b) Notwithstanding Minnesota Statutes, section 256B.492, the commissioner shall 
192.18 	determine the new housing with services establishments described under paragraph (a) meet 
192.19 	the BI and CADI waiver customized living and 24-hour customized living size limitation 
192.20 	exception for clients receiving those services at the new housing with services establishments 
192.21 	described under paragraph (a).

192.22 	Sec. 31. DIRECTION TO COMMISSIONER; DISABILITY WAIVER RATE 
192.23 	SYSTEM.
 192.24 	Between July 1, 2018, and December 31, 2018, the commissioner of human services 
192.25 	shall continue to reimburse the Centers for Medicare and Medicaid Services for the 
192.26 	disallowed federal share of the rate increases described in Laws 2014, chapter 312, article 
192.27 	27, section 76, subdivisions 2 to 5.

192.28 	EFFECTIVE DATE. This section is effective July 1, 2018.

192.29 	Sec. 32. REVISOR'S INSTRUCTION.
 192.30 	(a) The revisor of statutes shall codify Laws 2017, First Special Session chapter 6, article 
192.31 	3, section 49, as amended in this article, in Minnesota Statutes, chapter 256B.
193.1 	(b) The revisor of statutes shall change the term "developmental disability waiver" or 
193.2 	similar terms to "developmental disabilities waiver" or similar terms wherever they appear 
193.3 	in Minnesota Statutes and Minnesota Rules. The revisor shall also make technical and other 
193.4 	necessary changes to sentence structure to preserve the meaning of the text.

193.5 	Sec. 33.  REPEALER.
 193.6 	Minnesota Statutes 2016, section 256B.0705, is repealed.

193.7 	EFFECTIVE DATE. This section is effective January 1, 2019.

193.8 	
ARTICLE 6193.9 	PROTECTIONS FOR OLDER ADULTS AND VULNERABLE ADULTS

193.10 	Section 1. CITATION.
 193.11 	Sections 1 to 62 may be cited as the "Vulnerable Adult Maltreatment Prevention and 
193.12 	Accountability Act of 2018."

193.13 	Sec. 2. Minnesota Statutes 2016, section 144.6501, subdivision 3, is amended to read:
193.14 		Subd. 3.Contracts of admission. (a) A facility shall make complete unsigned copies 
193.15 	of its admission contract available to potential applicants and to the state or local long-term 
193.16 	care ombudsman immediately upon request.
193.17 	(b) A facility shall post conspicuously within the facility, in a location accessible to 
193.18 	public view, either a complete copy of its admission contract or notice of its availability 
193.19 	from the facility.
193.20 	(c) An admission contract must be printed in black type of at least ten-point type size. 
193.21 	The facility shall give a complete copy of the admission contract to the resident or the 
193.22 	resident's legal representative promptly after it has been signed by the resident or legal 
193.23 	representative.
193.24 	(d)  The admission contract must contain the name, address, and contact information of 
193.25 	the current owner, manager, and if different from the owner, license holder of the facility, 
193.26 	and the name and physical mailing address of at least one natural person who is authorized 
193.27 	to accept service of process.
193.28 	(d) (e) An admission contract is a consumer contract under sections 325G.29 to 325G.37.
193.29 	(e) (f) All admission contracts must state in bold capital letters the following notice to 
193.30 	applicants for admission: "NOTICE TO APPLICANTS FOR ADMISSION. READ YOUR 
194.1 	ADMISSION CONTRACT. ORAL STATEMENTS OR COMMENTS MADE BY THE 
194.2 	FACILITY OR YOU OR YOUR REPRESENTATIVE ARE NOT PART OF YOUR 
194.3 	ADMISSION CONTRACT UNLESS THEY ARE ALSO IN WRITING. DO NOT RELY 
194.4 	ON ORAL STATEMENTS OR COMMENTS THAT ARE NOT INCLUDED IN THE 
194.5 	WRITTEN ADMISSION CONTRACT."

194.6 	Sec. 3. Minnesota Statutes 2016, section 144.6501, is amended by adding a subdivision 
194.7 	to read:
194.8 		Subd. 3a.Changes to contracts of admission.   Within 30 days of a change in ownership, 
194.9 	management, or license holder, the facility must provide prompt written notice to the resident 
194.10 	or resident's legal representative of a new owner, manager, and if different from the owner, 
194.11 	license holder of the facility, and the name and physical mailing address of any new or 
194.12 	additional natural person not identified in the admission contract who is newly authorized 
194.13 	to accept service of process.

194.14 	Sec. 4. Minnesota Statutes 2016, section 144.651, subdivision 1, is amended to read:
194.15 		Subdivision 1.Legislative intent. It is the intent of the legislature and the purpose of 
194.16 	this section to promote the interests and well being of the patients and residents of health 
194.17 	care facilities. It is the intent of this section that every patient's and resident's civil and 
194.18 	religious liberties, including the right to independent personal decisions and knowledge of 
194.19 	available choices, must not be infringed and that the facility must encourage and assist in 
194.20 	the fullest possible exercise of these rights. The rights provided under this section are 
194.21 	established for the benefit of patients and residents. No health care facility may require or 
194.22 	request a patient or resident to waive any of these rights at any time or for any reason 
194.23 	including as a condition of admission to the facility. Any guardian or conservator of a patient 
194.24 	or resident or, in the absence of a guardian or conservator, an interested person, may seek 
194.25 	enforcement of these rights on behalf of a patient or resident. An interested person may also 
194.26 	seek enforcement of these rights on behalf of a patient or resident who has a guardian or 
194.27 	conservator through administrative agencies or in district court having jurisdiction over 
194.28 	guardianships and conservatorships. Pending the outcome of an enforcement proceeding 
194.29 	the health care facility may, in good faith, comply with the instructions of a guardian or 
194.30 	conservator. It is the intent of this section that every patient's civil and religious liberties, 
194.31 	including the right to independent personal decisions and knowledge of available choices, 
194.32 	shall not be infringed and that the facility shall encourage and assist in the fullest possible 
194.33 	exercise of these rights.

195.1 	Sec. 5. Minnesota Statutes 2016, section 144.651, subdivision 2, is amended to read:
195.2 		Subd. 2.Definitions. (a) For the purposes of this section, the terms defined in this 
195.3 	subdivision have the meanings given them.
195.4 	(b) "Patient" means:
195.5 	(1) a person who is admitted to an acute care inpatient facility for a continuous period 
195.6 	longer than 24 hours, for the purpose of diagnosis or treatment bearing on the physical or 
195.7 	mental health of that person.;
195.8 	(2) a minor who is admitted to a residential program as defined in section 253C.01;
195.9 	(3) for purposes of subdivisions 1, 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also 
195.10 	means a person who receives health care services at an outpatient surgical center or at a 
195.11 	birth center licensed under section 144.615. "Patient" also means a minor who is admitted 
195.12 	to a residential program as defined in section 253C.01.; and
195.13 	(4) for purposes of subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any 
195.14 	person who is receiving mental health treatment on an outpatient basis or in a community 
195.15 	support program or other community-based program.
195.16 	(c) "Resident" means a person who is admitted to:
195.17 	(1) a nonacute care facility including extended care facilities,;
195.18 	(2) a nursing homes, andhome;
195.19 	(3) a boarding care homes home for care required because of prolonged mental or physical 
195.20 	illness or disability, recovery from injury or disease, or advancing age.; and
195.21 	(4) for purposes of all subdivisions except subdivisions 28 and 29, "resident" also means 
195.22 	a person who is admitted to 1 to 27 and 30 to 33, a facility licensed as a board and lodging 
195.23 	facility under Minnesota Rules, parts 4625.0100 to 4625.2355 chapter 4625, or a supervised 
195.24 	living facility under Minnesota Rules, parts 4665.0100 to 4665.9900 chapter 4665, and 
195.25 	which operates a rehabilitation program licensed under Minnesota Rules, parts 9530.6405
195.26 	9530.6510 to 9530.6590.
195.27 	(d) "Health care facility" or "facility" means:
195.28 	(1) an acute care inpatient facility;
195.29 	(2) a residential program as defined in section 253C.01;
195.30 	(3) for purposes of subdivisions 1, 4 to 9, 12, 13, 15, 16, and 18 to 20, an outpatient 
195.31 	surgical center or a birth center licensed under section 144.615;
196.1 	(4) for purposes of subdivisions 1, 3 to 16, 18, 20, and 30, a setting in which outpatient 
196.2 	mental health services are provided, or a community support program or other 
196.3 	community-based program providing mental health treatment;
196.4 	(5) a nonacute care facility, including extended care facilities;
196.5 	(6) a nursing home;
196.6 	(7) a boarding care home for care required because of prolonged mental or physical 
196.7 	illness or disability, recovery from injury or disease, or advancing age; or
196.8 	(8) for the purposes of subdivisions 1 to 27 and 30 to 33, a facility licensed as a board 
196.9 	and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, or a supervised 
196.10 	living facility under Minnesota Rules, parts 4665.0100 to 4665.9900, and which operates 
196.11 	a rehabilitation program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590.

196.12 	Sec. 6. Minnesota Statutes 2016, section 144.651, subdivision 4, is amended to read:
196.13 		Subd. 4.Information about rights. (a) Patients and residents shall, at admission, be 
196.14 	told that there are legal rights for their protection during their stay at the facility or throughout 
196.15 	their course of treatment and maintenance in the community and that these are described 
196.16 	in an accompanying written statement in plain language and in terms patients and residents 
196.17 	can understand of the applicable rights and responsibilities set forth in this section. The 
196.18 	written statement must be developed by the commissioner, in consultation with stakeholders, 
196.19 	and must also include the name, address, and telephone number of the state or county agency 
196.20 	to contact for additional information or assistance. In the case of patients admitted to 
196.21 	residential programs as defined in section 253C.01, the written statement shall also describe 
196.22 	the right of a person 16 years old or older to request release as provided in section 253B.04, 
196.23 	subdivision 2, and shall list the names and telephone numbers of individuals and organizations 
196.24 	that provide advocacy and legal services for patients in residential programs.
196.25 	(b) Reasonable accommodations shall be made for people who have communication 
196.26 	disabilities and those who speak a language other than English.
196.27 	(c) Current facility policies, inspection findings of state and local health authorities, and 
196.28 	further explanation of the written statement of rights shall be available to patients, residents, 
196.29 	their guardians or their chosen representatives upon reasonable request to the administrator 
196.30 	or other designated staff person, consistent with chapter 13, the Data Practices Act, and 
196.31 	section 626.557, relating to vulnerable adults.

197.1 	Sec. 7. Minnesota Statutes 2016, section 144.651, subdivision 14, is amended to read:
197.2 		Subd. 14.Freedom from maltreatment. (a) Patients and residents shall be free from 
197.3 	maltreatment as defined in the Vulnerable Adults Protection Act. "Maltreatment" means 
197.4 	conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic 
197.5 	infliction of physical pain or injury, or any persistent course of conduct intended to produce 
197.6 	mental or emotional distress. Patients and residents shall receive notification from the lead 
197.7 	investigative agency regarding a report of alleged maltreatment, disposition of a report, and 
197.8 	appeal rights, as provided under section 626.557, subdivision 9c.
197.9 	(b) Every patient and resident shall also be free from nontherapeutic chemical and 
197.10 	physical restraints, except in fully documented emergencies, or as authorized in writing 
197.11 	after examination by a patient's or resident's physician for a specified and limited period of 
197.12 	time, and only when necessary to protect the resident from self-injury or injury to others.

197.13 	Sec. 8. Minnesota Statutes 2016, section 144.651, subdivision 16, is amended to read:
197.14 		Subd. 16.Confidentiality of records. Patients and residents shall be assured confidential 
197.15 	treatment of their personal, financial, and medical records, and may approve or refuse their 
197.16 	release to any individual outside the facility. Residents shall be notified when personal 
197.17 	records are requested by any individual outside the facility and may select someone to 
197.18 	accompany them when the records or information are the subject of a personal interview. 
197.19 	Patients and residents have a right to access their own records and written information from 
197.20 	those records. Copies of records and written information from the records shall be made 
197.21 	available in accordance with this subdivision and sections 144.291 to 144.298. This right 
197.22 	does not apply to complaint investigations and inspections by the Department of Health, 
197.23 	where required by third-party payment contracts, or where otherwise provided by law.

197.24 	Sec. 9. Minnesota Statutes 2016, section 144.651, subdivision 20, is amended to read:
197.25 		Subd. 20.Grievances. (a) Patients and residents shall be encouraged and assisted, 
197.26 	throughout their stay in a facility or their course of treatment, to understand and exercise 
197.27 	their rights as patients, residents, and citizens. Patients and residents may voice grievances, 
197.28 	assert the rights granted under this section personally, and recommend changes in policies 
197.29 	and services to facility staff and others of their choice, free from restraint, interference, 
197.30 	coercion, discrimination, retaliation, or reprisal, including threat of discharge. Notice of the 
197.31 	grievance procedure of the facility or program, as well as addresses and telephone numbers 
197.32 	for the Office of Health Facility Complaints and the area nursing home ombudsman pursuant 
197.33 	to the Older Americans Act, section 307(a)(12) shall be posted in a conspicuous place.
198.1 	(b) The facility must investigate and attempt resolution of the complaint or grievance.  
198.2 	The patient or resident has the right to be informed of the name of the individual who is 
198.3 	responsible for handling grievances.
198.4 	(c) Notice must be posted in a conspicuous place of the facility's or program's grievance 
198.5 	procedure, as well as telephone numbers and, where applicable, addresses for the common 
198.6 	entry point, as defined in section 626.5572, subdivision 5, the protection and advocacy 
198.7 	agency, and the area ombudsman for long-term care pursuant to the Older Americans Act, 
198.8 	section 307(a)(12).
198.9 	(d) Every acute care inpatient facility, every residential program as defined in section 
198.10 	253C.01, every nonacute care facility, and every facility employing more than two people 
198.11 	that provides outpatient mental health services shall have a written internal grievance 
198.12 	procedure that, at a minimum, sets forth the process to be followed; specifies time limits, 
198.13 	including time limits for facility response; provides for the patient or resident to have the 
198.14 	assistance of an advocate; requires a written response to written grievances; and provides 
198.15 	for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. 
198.16 	Compliance by hospitals, residential programs as defined in section 253C.01 which are 
198.17 	hospital-based primary treatment programs, and outpatient surgery centers with section 
198.18 	144.691 and compliance by health maintenance organizations with section 62D.11 is deemed 
198.19 	to be compliance with the requirement for a written internal grievance procedure.

198.20 	Sec. 10. Minnesota Statutes 2016, section 144.651, subdivision 21, is amended to read:
198.21 		Subd. 21.Communication privacy. Patients and residents may associate and 
198.22 	communicate privately with persons of their choice and enter and, except as provided by 
198.23 	the Minnesota Commitment Act, leave the facility as they choose. Patients and residents 
198.24 	shall have access, at their own expense, unless provided by the facility, to writing instruments, 
198.25 	stationery, and postage, and Internet service. Personal mail shall be sent without interference 
198.26 	and received unopened unless medically or programmatically contraindicated and 
198.27 	documented by the physician in the medical record. There shall be access to a telephone 
198.28 	where patients and residents can make and receive calls as well as speak privately. Facilities 
198.29 	which are unable to provide a private area shall make reasonable arrangements to 
198.30 	accommodate the privacy of patients' or residents' calls. Upon admission to a facility where 
198.31 	federal law prohibits unauthorized disclosure of patient or resident identifying information 
198.32 	to callers and visitors, the patient or resident, or the legal guardian or conservator of the 
198.33 	patient or resident, shall be given the opportunity to authorize disclosure of the patient's or 
198.34 	resident's presence in the facility to callers and visitors who may seek to communicate with 
199.1 	the patient or resident. To the extent possible, the legal guardian or conservator of a patient 
199.2 	or resident shall consider the opinions of the patient or resident regarding the disclosure of 
199.3 	the patient's or resident's presence in the facility. This right is limited where medically 
199.4 	inadvisable, as documented by the attending physician in a patient's or resident's care record. 
199.5 	Where programmatically limited by a facility abuse prevention plan pursuant to section 
199.6 	626.557, subdivision 14, paragraph (b), this right shall also be limited accordingly.

199.7 	Sec. 11. [144.6511] CONSUMER TRANSPARENCY.
199.8 	(a) For purposes of this section, "facility" means a facility listed in section 144.651, 
199.9 	subdivision 2, paragraph (d); a housing with services establishment registered under chapter 
199.10 	144D; or an assisted living setting regulated under chapter 144G.
199.11 	(b) Deceptive marketing and business practices by a facility or by a home care provider 
199.12 	licensed under sections 144A.43 to 144A.482, are prohibited.
199.13 	(c) For the purposes of this section, it is a deceptive practice for a facility or home care 
199.14 	provider to:
199.15 	(1) make any false, fraudulent, deceptive, or misleading statements in marketing, 
199.16 	advertising, or written description or representation of care or services, whether in written 
199.17 	or electronic form;
199.18 	(2) arrange for or provide health care or services other than those contracted for;
199.19 	(3) fail to deliver any care or services the provider or facility promised that the facility 
199.20 	was able to provide;
199.21 	(4) fail to inform the patient or resident in writing of any limitations to care services 
199.22 	available prior to executing a contract for admission;
199.23 	(5) fail to fulfill a written promise that the facility shall continue the same services and 
199.24 	the same lease terms if a private pay resident converts to the elderly waiver program;
199.25 	(6) fail to disclose in writing the purpose of a nonrefundable community fee or other fee 
199.26 	prior to contracting for services with a patient or resident;
199.27 	(7) advertise or represent, in writing, that the facility is or has a special care unit, such 
199.28 	as for dementia or memory care, without complying with training and disclosure requirements 
199.29 	under sections 144D.065 and 325F.72, and any other applicable law; or
199.30 	(8) define the terms "facility," "contract of admission," "admission contract," "admission 
199.31 	agreement," "legal representative," or "responsible party" to mean anything other than the 
199.32 	meanings of those terms under section 144.6501.

200.1 	Sec. 12. Minnesota Statutes 2016, section 144A.10, subdivision 1, is amended to read:
200.2 		Subdivision 1.Enforcement authority. The commissioner of health is the exclusive 
200.3 	state agency charged with the responsibility and duty of inspecting all facilities required to 
200.4 	be licensed under section 144A.02, and issuing correction orders and imposing fines as 
200.5 	provided in this section, Minnesota Rules, chapter 4658, or any other applicable law. The 
200.6 	commissioner of health shall enforce the rules established pursuant to sections 144A.01 to 
200.7 	144A.155, subject only to the authority of the Department of Public Safety respecting the 
200.8 	enforcement of fire and safety standards in nursing homes and the responsibility of the 
200.9 	commissioner of human services under sections 245A.01 to 245A.16 or 252.28.
200.10 	The commissioner may request and must be given access to relevant information, records, 
200.11 	incident reports, or other documents in the possession of a licensed facility if the 
200.12 	commissioner considers them necessary for the discharge of responsibilities. For the purposes 
200.13 	of inspections and securing information to determine compliance with the licensure laws 
200.14 	and rules, the commissioner need not present a release, waiver, or consent of the individual. 
200.15 	A facility's refusal to cooperate in providing lawfully requested information is grounds for 
200.16 	a correction order or fine. The identities of patients or residents must be kept private as 
200.17 	defined by section 13.02, subdivision 12.

200.18 	Sec. 13. Minnesota Statutes 2017 Supplement, section 144A.10, subdivision 4, is amended 
200.19 	to read:
200.20 		Subd. 4.Correction orders. Whenever a duly authorized representative of the 
200.21 	commissioner of health finds upon inspection of a nursing home, that the facility or a 
200.22 	controlling person or an employee of the facility is not in compliance with sections 144.411 
200.23 	to 144.417, 144.651, 144.6503, 144A.01 to 144A.155, or 626.557 or the rules promulgated 
200.24 	thereunder, a correction order shall be issued to the facility. The correction order shall state 
200.25 	the deficiency, cite the specific rule or statute violated, state the suggested method of 
200.26 	correction, and specify the time allowed for correction. Upon receipt of a correction order, 
200.27 	a facility shall develop and submit to the commissioner a corrective action plan based on 
200.28 	the correction order. The corrective action plan must specify the steps the facility will take 
200.29 	to correct the violation and to prevent such violations in the future, how the facility will 
200.30 	monitor its compliance with the corrective action plan, and when the facility plans to 
200.31 	complete the steps in the corrective action plan. The commissioner is presumed to accept 
200.32 	a corrective action plan unless the commissioner notifies the submitting facility that the 
200.33 	plan is not accepted within 15 calendar days after the plan is submitted to the commissioner. 
200.34 	The commissioner shall monitor the facility's compliance with the corrective action plan. 
201.1 	If the commissioner finds that the nursing home had uncorrected or repeated violations 
201.2 	which create a risk to resident care, safety, or rights, the commissioner shall notify the 
201.3 	commissioner of human services.

201.4 	Sec. 14. Minnesota Statutes 2016, section 144A.44, subdivision 1, is amended to read:
201.5 		Subdivision 1.Statement of rights. A person who receives home care services has these 
201.6 	rights:
201.7 	(1) the right to receive written information about rights before receiving services, 
201.8 	including what to do if rights are violated;
201.9 	(2) the right to receive care and services according to a suitable and up-to-date plan, and 
201.10 	subject to accepted health care, medical or nursing standards, to take an active part in 
201.11 	developing, modifying, and evaluating the plan and services;
201.12 	(3) the right to be told before receiving services the type and disciplines of staff who 
201.13 	will be providing the services, the frequency of visits proposed to be furnished, other choices 
201.14 	that are available for addressing home care needs, and the potential consequences of refusing 
201.15 	these services;
201.16 	(4) the right to be told in advance of any recommended changes by the provider in the 
201.17 	service plan and to take an active part in any decisions about changes to the service plan;
201.18 	(5) the right to refuse services or treatment;
201.19 	(6) the right to know, before receiving services or during the initial visit, any limits to 
201.20 	the services available from a home care provider;
201.21 	(7) the right to be told before services are initiated what the provider charges for the 
201.22 	services; to what extent payment may be expected from health insurance, public programs, 
201.23 	or other sources, if known; and what charges the client may be responsible for paying;
201.24 	(8) the right to know that there may be other services available in the community, 
201.25 	including other home care services and providers, and to know where to find information 
201.26 	about these services;
201.27 	(9) the right to choose freely among available providers and to change providers after 
201.28 	services have begun, within the limits of health insurance, long-term care insurance, medical 
201.29 	assistance, or other health programs;
201.30 	(10) the right to have personal, financial, and medical information kept private, and to 
201.31 	be advised of the provider's policies and procedures regarding disclosure of such information;
202.1 	(11) the right to access the client's own records and written information from those 
202.2 	records in accordance with sections 144.291 to 144.298;
202.3 	(12) the right to be served by people who are properly trained and competent to perform 
202.4 	their duties;
202.5 	(13) the right to be treated with courtesy and respect, and to have the client's property 
202.6 	treated with respect;
202.7 	(14) the right to be free from physical and verbal abuse, neglect, financial exploitation, 
202.8 	and all forms of maltreatment covered under the Vulnerable Adults Act and the Maltreatment 
202.9 	of Minors Act;
202.10 	(15) the right to reasonable, advance notice of changes in services or charges;
202.11 	(16) the right to know the provider's reason for termination of services;
202.12 	(17) the right to at least ten days' advance notice of the termination of a service by a 
202.13 	provider, except in cases where:
202.14 	(i) the client engages in conduct that significantly alters the terms of the service plan 
202.15 	with the home care provider;
202.16 	(ii) the client, person who lives with the client, or others create an abusive or unsafe 
202.17 	work environment for the person providing home care services; or
202.18 	(iii) an emergency or a significant change in the client's condition has resulted in service 
202.19 	needs that exceed the current service plan and that cannot be safely met by the home care 
202.20 	provider;
202.21 	(18) the right to a coordinated transfer when there will be a change in the provider of 
202.22 	services;
202.23 	(19) the right to complain about services that are provided, or fail to be provided, and 
202.24 	the lack of courtesy or respect to the client or the client's property;
202.25 	(20) the right to recommend changes in policies and services to the home care provider, 
202.26 	provider staff, and others of the person's choice, free from restraint, interference, coercion, 
202.27 	discrimination, or reprisal, including threat of termination of services;
202.28 	(20) (21) the right to know how to contact an individual associated with the home care 
202.29 	provider who is responsible for handling problems and to have the home care provider 
202.30 	investigate and attempt to resolve the grievance or complaint;
203.1 	(21) (22) the right to know the name and address of the state or county agency to contact 
203.2 	for additional information or assistance; and
203.3 	(22) (23) the right to assert these rights personally, or have them asserted by the client's 
203.4 	representative or by anyone on behalf of the client, without retaliation.

203.5 	Sec. 15. Minnesota Statutes 2016, section 144A.442, is amended to read:
203.6 	144A.442 ASSISTED LIVING CLIENTS; SERVICEARRANGED HOME CARE 
203.7 	PROVIDER RESPONSIBILITIES; TERMINATION OF SERVICES.
203.8 		Subdivision 1.Contents of service termination notice. If an arranged home care 
203.9 	provider, as defined in section 144D.01, subdivision 2a, who is not also Medicare certified 
203.10 	terminates a service agreement or service plan with an assisted living client, as defined in 
203.11 	section 144G.01, subdivision 3, the home care provider shall provide the assisted living 
203.12 	client and the legal or designated representatives of the client, if any, with a written notice 
203.13 	of termination which that includes the following information:
203.14 	(1) the effective date of termination;
203.15 	(2) the reason for termination;
203.16 	(3) without extending the termination notice period, an affirmative offer to meet with 
203.17 	the assisted living client or client representatives within no more than five business days of 
203.18 	the date of the termination notice to discuss the termination;
203.19 	(4) contact information for a reasonable number of other home care providers in the 
203.20 	geographic area of the assisted living client, as required by section 144A.4791, subdivision 
203.21 	10;
203.22 	(5) a statement that the provider will participate in a coordinated transfer of the care of 
203.23 	the client to another provider or caregiver, as required by section 144A.44, subdivision 1, 
203.24 	clause (18);
203.25 	(6) the name and contact information of a representative of the home care provider with 
203.26 	whom the client may discuss the notice of termination;
203.27 	(7) a copy of the home care bill of rights; and
203.28 	(8) a statement that the notice of termination of home care services by the home care 
203.29 	provider does not constitute notice of termination of the housing with services contract with 
203.30 	a housing with services establishment.
204.1 		Subd. 2.Discontinuation of services. An arranged home care provider's responsibilities 
204.2 	when voluntarily discontinuing services to all clients are governed by section 144A.4791, 
204.3 	subdivision 10.

204.4 	Sec. 16. Minnesota Statutes 2016, section 144A.45, subdivision 1, is amended to read:
204.5 		Subdivision 1.Regulations. The commissioner shall regulate home care providers 
204.6 	pursuant to sections 144A.43 to 144A.482. The regulations shall include the following:
204.7 	(1) provisions to assure, to the extent possible, the health, safety, well-being, and 
204.8 	appropriate treatment of persons who receive home care services while respecting a client's 
204.9 	autonomy and choice;
204.10 	(2) requirements that home care providers furnish the commissioner with specified 
204.11 	information necessary to implement sections 144A.43 to 144A.482;
204.12 	(3) standards of training of home care provider personnel;
204.13 	(4) standards for provision of home care services;
204.14 	(5) standards for medication management;
204.15 	(6) standards for supervision of home care services;
204.16 	(7) standards for client evaluation or assessment;
204.17 	(8) requirements for the involvement of a client's health care provider, the documentation 
204.18 	of health care providers' orders, if required, and the client's service plan;
204.19 	(9) standards for the maintenance of accurate, current client records;
204.20 	(10) the establishment of basic and comprehensive levels of licenses based on services 
204.21 	provided; and
204.22 	(11) provisions to enforce these regulations and the home care bill of rights, including  
204.23 	provisions for issuing penalties and fines as allowed under law.

204.24 	Sec. 17. Minnesota Statutes 2016, section 144A.45, subdivision 2, is amended to read:
204.25 		Subd. 2.Regulatory functions.  The commissioner shall:
204.26 	(1) license, survey, and monitor without advance notice, home care providers in 
204.27 	accordance with sections 144A.43 to 144A.482;
204.28 	(2) survey every temporary licensee within one year of the temporary license issuance 
204.29 	date subject to the temporary licensee providing home care services to a client or clients;
205.1 	(3) survey all licensed home care providers on an interval that will promote the health 
205.2 	and safety of clients;
205.3 	(4) with the consent of the client, visit the home where services are being provided;
205.4 	(5) issue correction orders and assess civil penalties in accordance with section sections
205.5 	144.653, subdivisions 5 to 8, 144A.474, and 144A.475, for violations of sections 144A.43
205.6 	to 144A.482;
205.7 	(6) take action as authorized in section 144A.475; and
205.8 	(7) take other action reasonably required to accomplish the purposes of sections 144A.43
205.9 	to 144A.482.

205.10 	Sec. 18. Minnesota Statutes 2016, section 144A.473, subdivision 2, is amended to read:
205.11 		Subd. 2.Temporary license. (a) For new license applicants, the commissioner shall 
205.12 	issue a temporary license for either the basic or comprehensive home care level. A temporary 
205.13 	license is effective for up to one year from the date of issuance. Temporary licensees must 
205.14 	comply with sections 144A.43 to 144A.482.
205.15 	(b) During the temporary license year period, the commissioner shall survey the temporary 
205.16 	licensee within 90 calendar days after the commissioner is notified or has evidence that the 
205.17 	temporary licensee is providing home care services.
205.18 	(c) Within five days of beginning the provision of services, the temporary licensee must 
205.19 	notify the commissioner that it is serving clients. The notification to the commissioner may 
205.20 	be mailed or e-mailed to the commissioner at the address provided by the commissioner. If 
205.21 	the temporary licensee does not provide home care services during the temporary license 
205.22 	year period, then the temporary license expires at the end of the year period and the applicant 
205.23 	must reapply for a temporary home care license.
205.24 	(d) A temporary licensee may request a change in the level of licensure prior to being 
205.25 	surveyed and granted a license by notifying the commissioner in writing and providing 
205.26 	additional documentation or materials required to update or complete the changed temporary 
205.27 	license application. The applicant must pay the difference between the application fees 
205.28 	when changing from the basic level to the comprehensive level of licensure. No refund will 
205.29 	be made if the provider chooses to change the license application to the basic level.
205.30 	(e) If the temporary licensee notifies the commissioner that the licensee has clients within 
205.31 	45 days prior to the temporary license expiration, the commissioner may extend the temporary 
206.1 	license for up to 60 days in order to allow the commissioner to complete the on-site survey 
206.2 	required under this section and follow-up survey visits.

206.3 	Sec. 19. Minnesota Statutes 2016, section 144A.474, subdivision 2, is amended to read:
206.4 		Subd. 2.Types of home care surveys. (a) "Initial full survey" means the survey of a 
206.5 	new temporary licensee conducted after the department is notified or has evidence that the 
206.6 	temporary licensee is providing home care services to determine if the provider is in 
206.7 	compliance with home care requirements. Initial full surveys must be completed within 14 
206.8 	months after the department's issuance of a temporary basic or comprehensive license.
206.9 	(b) "Change in ownership survey" means a full survey of a new licensee due to a change 
206.10 	in ownership. Change in ownership surveys must be completed within six months after the 
206.11 	department's issuance of a new license due to a change in ownership.
206.12 	(b) (c) "Core survey" means periodic inspection of home care providers to determine 
206.13 	ongoing compliance with the home care requirements, focusing on the essential health and 
206.14 	safety requirements. Core surveys are available to licensed home care providers who have 
206.15 	been licensed for three years and surveyed at least once in the past three years with the latest 
206.16 	survey having no widespread violations beyond Level 1 as provided in subdivision 11. 
206.17 	Providers must also not have had any substantiated licensing complaints, substantiated 
206.18 	complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors 
206.19 	Act, or an enforcement action as authorized in section 144A.475 in the past three years.
206.20 	(1) The core survey for basic home care providers must review compliance in the 
206.21 	following areas:
206.22 	(i) reporting of maltreatment;
206.23 	(ii) orientation to and implementation of the home care bill of rights;
206.24 	(iii) statement of home care services;
206.25 	(iv) initial evaluation of clients and initiation of services;
206.26 	(v) client review and monitoring;
206.27 	(vi) service plan implementation and changes to the service plan;
206.28 	(vii) client complaint and investigative process;
206.29 	(viii) competency of unlicensed personnel; and
206.30 	(ix) infection control.
207.1 	(2) For comprehensive home care providers, the core survey must include everything 
207.2 	in the basic core survey plus these areas:
207.3 	(i) delegation to unlicensed personnel;
207.4 	(ii) assessment, monitoring, and reassessment of clients; and
207.5 	(iii) medication, treatment, and therapy management.
207.6 	(c) (d) "Full survey" means the periodic inspection of home care providers to determine 
207.7 	ongoing compliance with the home care requirements that cover the core survey areas and 
207.8 	all the legal requirements for home care providers. A full survey is conducted for all 
207.9 	temporary licensees and for providers who do not meet the requirements needed for a core 
207.10 	survey, and when a surveyor identifies unacceptable client health or safety risks during a 
207.11 	core survey. A full survey must include all the tasks identified as part of the core survey 
207.12 	and any additional review deemed necessary by the department, including additional 
207.13 	observation, interviewing, or records review of additional clients and staff.
207.14 	(d) (e) "Follow-up surveys" means surveys conducted to determine if a home care 
207.15 	provider has corrected deficient issues and systems identified during a core survey, full 
207.16 	survey, or complaint investigation. Follow-up surveys may be conducted via phone, e-mail, 
207.17 	fax, mail, or on-site reviews. Follow-up surveys, other than complaint surveys, shall be 
207.18 	concluded with an exit conference and written information provided on the process for 
207.19 	requesting a reconsideration of the survey results.
207.20 	(e) (f) Upon receiving information alleging that a home care provider has violated or is 
207.21 	currently violating a requirement of sections 144A.43 to 144A.482, the commissioner shall 
207.22 	investigate the complaint according to sections 144A.51 to 144A.54.

207.23 	Sec. 20. Minnesota Statutes 2016, section 144A.474, subdivision 8, is amended to read:
207.24 		Subd. 8.Correction orders. (a) A correction order may be issued whenever the 
207.25 	commissioner finds upon survey or during a complaint investigation that a home care 
207.26 	provider, a managerial official, or an employee of the provider is not in compliance with 
207.27 	sections 144A.43 to 144A.482. The correction order shall cite the specific statute and 
207.28 	document areas of noncompliance and the time allowed for correction.
207.29 	(b) The commissioner shall mail copies of any correction order to the last known address 
207.30 	of the home care provider, or electronically scan the correction order and e-mail it to the 
207.31 	last known home care provider e-mail address, within 30 calendar days after the survey exit 
207.32 	date. A copy of each correction order and copies of any documentation supplied to the 
208.1 	commissioner shall be kept on file by the home care provider, and public documents shall 
208.2 	be made available for viewing by any person upon request. Copies may be kept electronically.
208.3 	(c) By the correction order date, the home care provider must document in the provider's 
208.4 	records any action taken to comply with the correction order. The commissioner may request 
208.5 	a copy of this documentation and the home care provider's action to respond to the correction 
208.6 	order in future surveys, upon a complaint investigation, and as otherwise needed develop 
208.7 	and submit to the commissioner a corrective action plan based on the correction order. The 
208.8 	corrective action plan must specify the steps the provider will take to comply with the 
208.9 	correction order and how to prevent noncompliance in the future, how the provider will 
208.10 	monitor its compliance with the corrective action plan, and when the provider plans to 
208.11 	complete the steps in the corrective action plan. The commissioner is presumed to accept 
208.12 	a corrective action plan unless the commissioner notifies the submitting home care provider 
208.13 	that the plan is not accepted within 15 calendar days after the plan is submitted to the 
208.14 	commissioner. The commissioner shall monitor the provider's compliance with the corrective 
208.15 	action plan.

208.16 	Sec. 21. Minnesota Statutes 2016, section 144A.474, subdivision 9, is amended to read:
208.17 		Subd. 9.Follow-up surveys. For providers that have Level 3 or Level 4 violations under 
208.18 	subdivision 11, or any violations determined to be widespread, the department shall conduct 
208.19 	a follow-up survey within 90 calendar days of the survey. When conducting a follow-up 
208.20 	survey, the surveyor will focus on whether the previous violations have been corrected and 
208.21 	may also address any new violations that are observed while evaluating the corrections that 
208.22 	have been made. If a new violation is identified on a follow-up survey, no fine will be 
208.23 	imposed unless it is not corrected on the next follow-up survey the surveyor shall issue a 
208.24 	correction order for the new violation and may impose an immediate fine for the new 
208.25 	violation.

208.26 	Sec. 22. Minnesota Statutes 2017 Supplement, section 144A.474, subdivision 11, is 
208.27 	amended to read:
208.28 		Subd. 11.Fines. (a) Fines and enforcement actions under this subdivision may be assessed 
208.29 	based on the level and scope of the violations described in paragraph (c) as follows:
208.30 	(1) Level 1, no fines or enforcement;
208.31 	(2) Level 2, fines ranging from $0 to $500, in addition to any of the enforcement 
208.32 	mechanisms authorized in section 144A.475 for widespread violations;
209.1 	(3) Level 3, fines ranging from $500 to $1,000, in addition to any of the enforcement 
209.2 	mechanisms authorized in section 144A.475; and
209.3 	(4) Level 4, fines ranging from $1,000 to $5,000, in addition to any of the enforcement 
209.4 	mechanisms authorized in section 144A.475.
209.5 	(b) Correction orders for violations are categorized by both level and scope and fines 
209.6 	shall be assessed as follows:
209.7 	(1) level of violation:
209.8 	(i) Level 1 is a violation that has no potential to cause more than a minimal impact on 
209.9 	the client and does not affect health or safety;
209.10 	(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential 
209.11 	to have harmed a client's health or safety, but was not likely to cause serious injury, 
209.12 	impairment, or death;
209.13 	(iii) Level 3 is a violation that harmed a client's health or safety, not including serious 
209.14 	injury, impairment, or death, or a violation that has the potential to lead to serious injury, 
209.15 	impairment, or death; and
209.16 	(iv) Level 4 is a violation that results in serious injury, impairment, or death.
209.17 	(2) scope of violation:
209.18 	(i) isolated, when one or a limited number of clients are affected or one or a limited 
209.19 	number of staff are involved or the situation has occurred only occasionally;
209.20 	(ii) pattern, when more than a limited number of clients are affected, more than a limited 
209.21 	number of staff are involved, or the situation has occurred repeatedly but is not found to be 
209.22 	pervasive; and
209.23 	(iii) widespread, when problems are pervasive or represent a systemic failure that has 
209.24 	affected or has the potential to affect a large portion or all of the clients.
209.25 	(c) If the commissioner finds that the applicant or a home care provider required to be 
209.26 	licensed under sections 144A.43 to 144A.482 has not corrected violations by the date 
209.27 	specified in the correction order or conditional license resulting from a survey or complaint 
209.28 	investigation, the commissioner may impose a an additional fine for noncompliance with 
209.29 	a correction order. A notice of noncompliance with a correction order must be mailed to 
209.30 	the applicant's or provider's last known address. The noncompliance notice of noncompliance 
209.31 	with a correction order must list the violations not corrected and any fines imposed.
210.1 	(d) The license holder must pay the fines assessed on or before the payment date specified
210.2 	on a correction order or on a notice of noncompliance with a correction order. If the license 
210.3 	holder fails to fully comply with the order pay a fine by the specified date, the commissioner 
210.4 	may issue a secondlate payment fine or suspend the license until the license holder complies 
210.5 	by paying the fine pays all outstanding fines. A timely appeal shall stay payment of the late 
210.6 	payment fine until the commissioner issues a final order.
210.7 	(e) A license holder shall promptly notify the commissioner in writing when a violation 
210.8 	specified in the order a notice of noncompliance with a correction order is corrected. If upon 
210.9 	reinspection the commissioner determines that a violation has not been corrected as indicated 
210.10 	by the order notice of noncompliance with a correction order, the commissioner may issue 
210.11 	a second an additional fine for noncompliance with a notice of noncompliance with a 
210.12 	correction order. The commissioner shall notify the license holder by mail to the last known 
210.13 	address in the licensing record that a secondan additional fine has been assessed. The license 
210.14 	holder may appeal the second additional fine as provided under this subdivision.
210.15 	(f) A home care provider that has been assessed a fine under this subdivision or 
210.16 	subdivision 8 has a right to a reconsideration or a hearing under this section and chapter 14.
210.17 	(g) When a fine has been assessed, the license holder may not avoid payment by closing, 
210.18 	selling, or otherwise transferring the licensed program to a third party. In such an event, the 
210.19 	license holder shall be liable for payment of the fine.
210.20 	(h) In addition to any fine imposed under this section, the commissioner may assess 
210.21 	costs related to an investigation that results in a final order assessing a fine or other 
210.22 	enforcement action authorized by this chapter.
210.23 	(i) Fines collected under this subdivision shall be deposited in the state government 
210.24 	special revenue fund and credited to an account separate from the revenue collected under 
210.25 	section 144A.472. Subject to an appropriation by the legislature, the revenue from the fines 
210.26 	collected must be used by the commissioner for special projects to improve home care in 
210.27 	Minnesota as recommended by the advisory council established in section 144A.4799.

210.28 	Sec. 23. Minnesota Statutes 2016, section 144A.479, is amended by adding a subdivision 
210.29 	to read:
210.30 		Subd. 2a.Deceptive marketing and business practices. Deceptive marketing and 
210.31 	business practices by a home care provider are prohibited. For purposes of this subdivision, 
210.32 	it is a deceptive practice for a home care provider to engage in any conduct listed in section 
210.33 	144.6511.

211.1 	Sec. 24. Minnesota Statutes 2016, section 144A.4791, subdivision 10, is amended to read:
211.2 		Subd. 10.Termination of service plan. (a) Except as provided in section 144A.442, if 
211.3 	a home care provider terminates a service plan with a client, and the client continues to need 
211.4 	home care services, the home care provider shall provide the client and the client's 
211.5 	representative, if any, with a written notice of termination which includes the following 
211.6 	information:
211.7 	(1) the effective date of termination;
211.8 	(2) the reason for termination;
211.9 	(3) a list of known licensed home care providers in the client's immediate geographic 
211.10 	area;
211.11 	(4) a statement that the home care provider will participate in a coordinated transfer of 
211.12 	care of the client to another home care provider, health care provider, or caregiver, as 
211.13 	required by the home care bill of rights, section 144A.44, subdivision 1, clause (17);
211.14 	(5) the name and contact information of a person employed by the home care provider 
211.15 	with whom the client may discuss the notice of termination; and
211.16 	(6) if applicable, a statement that the notice of termination of home care services does 
211.17 	not constitute notice of termination of the housing with services contract with a housing 
211.18 	with services establishment.
211.19 	(b) When the home care provider voluntarily discontinues services to all clients, the 
211.20 	home care provider must notify the commissioner, lead agencies, and ombudsman for 
211.21 	long-term care about its clients and comply with the requirements in this subdivision.

211.22 	Sec. 25. Minnesota Statutes 2016, section 144A.53, subdivision 1, is amended to read:
211.23 		Subdivision 1.Powers. The director may:
211.24 	(a) Promulgate by rule, pursuant to chapter 14, and within the limits set forth in 
211.25 	subdivision 2, the methods by which complaints against health facilities, health care 
211.26 	providers, home care providers, or residential care homes, or administrative agencies are 
211.27 	to be made, reviewed, investigated, and acted upon; provided, however, that a fee may not 
211.28 	be charged for filing a complaint.
211.29 	(b) Recommend legislation and changes in rules to the state commissioner of health, 
211.30 	governor, administrative agencies or the federal government.
212.1 	(c) Investigate, upon a complaint or upon initiative of the director, any action or failure 
212.2 	to act by a health care provider, home care provider, residential care home, or a health 
212.3 	facility.
212.4 	(d) Request and receive access to relevant information, records, incident reports, or 
212.5 	documents in the possession of an administrative agency, a health care provider, a home 
212.6 	care provider, a residential care home, or a health facility, and issue investigative subpoenas 
212.7 	to individuals and facilities for oral information and written information, including privileged 
212.8 	information which the director deems necessary for the discharge of responsibilities. For 
212.9 	purposes of investigation and securing information to determine violations, the director 
212.10 	need not present a release, waiver, or consent of an individual. The identities of patients or 
212.11 	residents must be kept private as defined by section 13.02, subdivision 12.
212.12 	(e) Enter and inspect, at any time, a health facility or residential care home and be 
212.13 	permitted to interview staff; provided that the director shall not unduly interfere with or 
212.14 	disturb the provision of care and services within the facility or home or the activities of a 
212.15 	patient or resident unless the patient or resident consents.
212.16 	(f) Issue correction orders and assess civil fines pursuant to sectionsections 144.653, 
212.17 	144A.10, 144A.45, and 144A.474; Minnesota Rules, chapters 4655, 4658, 4664, and 4665; 
212.18 	or any other law which or rule that provides for the issuance of correction orders or fines 
212.19 	to health facilities or home care provider, or under section 144A.45 providers. This authority 
212.20 	includes the authority to issue correction orders and assess civil fines for violations identified 
212.21 	in the appeal or review process. A health facility's or home's home care provider's refusal 
212.22 	to cooperate in providing lawfully requested information may also be grounds for a correction 
212.23 	order or fine.
212.24 	(g) Recommend the certification or decertification of health facilities pursuant to Title 
212.25 	XVIII or XIX of the United States Social Security Act.
212.26 	(h) Assist patients or residents of health facilities or residential care homes in the 
212.27 	enforcement of their rights under Minnesota law.
212.28 	(i) Work with administrative agencies, health facilities, home care providers, residential 
212.29 	care homes, and health care providers and organizations representing consumers on programs 
212.30 	designed to provide information about health facilities to the public and to health facility 
212.31 	residents.

213.1 	Sec. 26. Minnesota Statutes 2016, section 144A.53, subdivision 4, is amended to read:
213.2 		Subd. 4.Referral of complaints. (a) If a complaint received by the director relates to 
213.3 	a matter more properly within the jurisdiction of law enforcement, an occupational licensing 
213.4 	board, or other governmental agency, the director shall forward the complaint to that agency
213.5 	appropriately and shall inform the complaining party of the forwarding. The
213.6 	(b) An agency shall promptly act in respect to the complaint, and shall inform the 
213.7 	complaining party and the director of its disposition. If a governmental agency receives a 
213.8 	complaint which is more properly within the jurisdiction of the director, it shall promptly 
213.9 	forward the complaint to the director, and shall inform the complaining party of the 
213.10 	forwarding.
213.11 	(c) If the director has reason to believe that an official or employee of an administrative 
213.12 	agency, a home care provider, residential care home, or health facility, or a client or resident 
213.13 	of any of these entities has acted in a manner warranting criminal or disciplinary proceedings, 
213.14 	the director shall refer the matter to the state commissioner of health, the commissioner of 
213.15 	human services, an appropriate prosecuting authority, or other appropriate agency.

213.16 	Sec. 27. Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision 
213.17 	to read:
213.18 		Subd. 5.Safety and quality improvement technical panel. The director shall establish 
213.19 	an expert technical panel to examine and make recommendations, on an ongoing basis, on 
213.20 	how to apply proven safety and quality improvement practices and infrastructure to settings 
213.21 	and providers that provide long-term services and supports. The technical panel must include 
213.22 	representation from nonprofit Minnesota-based organizations dedicated to patient safety or 
213.23 	innovation in health care safety and quality, Department of Health staff with expertise in 
213.24 	issues related to adverse health events, the University of Minnesota, organizations 
213.25 	representing long-term care providers and home care providers in Minnesota, national patient 
213.26 	safety experts, and other experts in the safety and quality improvement field. The technical 
213.27 	panel shall periodically provide recommendations to the legislature on legislative changes 
213.28 	needed to promote safety and quality improvement practices in long-term care settings and 
213.29 	with long-term care providers.

213.30 	Sec. 28. Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision 
213.31 	to read:
213.32 		Subd. 6.Training and operations panel. (a) The director shall establish a training and 
213.33 	operations panel within the Office of Health Facility Complaints to examine and make 
214.1 	recommendations, on an ongoing basis, on continual improvements to the operation of the 
214.2 	office. The training and operations panel shall be composed of office staff, including 
214.3 	investigators and intake and triage staff, one or more representatives of the commissioner's 
214.4 	office, and employees from any other divisions in the Department of Health with relevant 
214.5 	knowledge or expertise. The training and operations panel may also consult with employees 
214.6 	from other agencies in state government with relevant knowledge or expertise.
214.7 	(b) The training and operations panel shall examine and make recommendations to the 
214.8 	director and the commissioner regarding introducing or refining office systems, procedures, 
214.9 	and staff training in order to improve office and staff efficiency; enhance communications 
214.10 	between the office, health care facilities, home care providers, and residents or clients; and 
214.11 	provide for appropriate, effective protection for vulnerable adults through rigorous 
214.12 	investigations and enforcement of laws. Panel duties include but are not limited to:
214.13 	(1) developing the office's training processes to adequately prepare and support 
214.14 	investigators in performing their duties;
214.15 	(2) developing clear, consistent internal policies for conducting investigations as required 
214.16 	by federal law, including policies to ensure staff meet the deadlines in state and federal laws 
214.17 	for triaging, investigating, and making final dispositions of cases involving maltreatment, 
214.18 	and procedures for notifying the vulnerable adult, reporter, and facility of any delays in 
214.19 	investigations; communicating these policies to staff in a clear, timely manner; and 
214.20 	developing procedures to evaluate and modify these internal policies on an ongoing basis;
214.21 	(3) developing and refining quality control measures for the intake and triage processes, 
214.22 	through such practices as reviewing a random sample of the triage decisions made in case 
214.23 	reports or auditing a random sample of the case files to ensure the proper information is 
214.24 	being collected, the files are being properly maintained, and consistent triage and 
214.25 	investigations determinations are being made;
214.26 	(4) developing and maintaining systems and procedures to accurately determine the 
214.27 	situations in which the office has jurisdiction over a maltreatment allegation;
214.28 	(5) developing and maintaining audit procedures for investigations to ensure investigators 
214.29 	obtain and document information necessary to support decisions;
214.30 	(6) developing and maintaining procedures to, following a maltreatment determination, 
214.31 	clearly communicate the appeal or review rights of all parties upon final disposition; and
215.1 	(7) continuously upgrading the information on and utility of the office's Web site through 
215.2 	such steps as providing clear, detailed information about the appeal or review rights of 
215.3 	vulnerable adults, alleged perpetrators, and providers and facilities.

215.4 	Sec. 29. Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision 
215.5 	to read:
215.6 		Subd. 7.Posting maltreatment reports, correction orders, certification deficiencies.
 215.7 	(a) The director shall post on the Department of Health Web site the following information 
215.8 	for the past three years:
215.9 	(1) the public portions of all substantiated reports of maltreatment of a vulnerable adult 
215.10 	at a facility or by a provider for which the Department of Health is the lead investigative 
215.11 	agency under section 626.557;
215.12 	(2) all state licensing correction orders and federal certification deficiencies that are 
215.13 	issued as a result of an investigation of maltreatment of a vulnerable adult and issued to a 
215.14 	facility or provider for which the Department of Health is the lead investigative agency 
215.15 	under section 626.557; and
215.16 	(3) whether the facility or provider has requested reconsideration or initiated any type 
215.17 	of dispute resolution or appeal of the correction order, deficiency, or report.
215.18 	(b) Following a reconsideration, dispute resolution, or appeal, the director must update 
215.19 	the information posted under this subdivision to reflect the results of the reconsideration, 
215.20 	dispute resolution, or appeal. The director must also update the information posted under 
215.21 	this subdivision regarding a correction order issued to a facility or provider to indicate that 
215.22 	the facility or provider is in substantial compliance with the correction order, upon a 
215.23 	determination of substantial compliance by the commissioner.
215.24 	(c) The information posted under this subdivision must be posted in coordination with 
215.25 	other divisions or sections at the Department of Health and in a manner that does not duplicate 
215.26 	information already published by the Department of Health, and must be posted in a format 
215.27 	that allows consumers to search the information by facility or provider name and by the 
215.28 	physical address of the facility or the local business address of the provider.

215.29 	Sec. 30. Minnesota Statutes 2016, section 144D.01, subdivision 1, is amended to read:
215.30 		Subdivision 1.Scope. As used in sections 144D.01 to 144D.06 this chapter, the following 
215.31 	terms have the meanings given them.

216.1 	Sec. 31. Minnesota Statutes 2016, section 144D.02, is amended to read:
216.2 	144D.02 REGISTRATION REQUIRED.
216.3 	No entity may establish, operate, conduct, or maintain a housing with services 
216.4 	establishment in this state without registering and operating as required in sections 144D.01
216.5 	to 144D.06 144D.11.

216.6 	Sec. 32. Minnesota Statutes 2017 Supplement, section 144D.04, subdivision 2, is amended 
216.7 	to read:
216.8 		Subd. 2.Contents of contract.  A housing with services contract, which need not be 
216.9 	entitled as such to comply with this section, shall include at least the following elements in 
216.10 	itself or through supporting documents or attachments:
216.11 	(1) the name, street address, and mailing address of the establishment;
216.12 	(2) the name and mailing address of the owner or owners of the establishment and, if 
216.13 	the owner or owners is not a natural person, identification of the type of business entity of 
216.14 	the owner or owners;
216.15 	(3) the name and mailing address of the managing agent, through management agreement 
216.16 	or lease agreement, of the establishment, if different from the owner or owners;
216.17 	(4) the name and physical mailing address of at least one natural person who is authorized 
216.18 	to accept service of process on behalf of the owner or owners and managing agent;
216.19 	(5) a statement describing the registration and licensure status of the establishment and 
216.20 	any provider providing health-related or supportive services under an arrangement with the 
216.21 	establishment;
216.22 	(6) the term of the contract;
216.23 	(7) a description of the services to be provided to the resident in the base rate to be paid 
216.24 	by the resident, including a delineation of the portion of the base rate that constitutes rent 
216.25 	and a delineation of charges for each service included in the base rate;
216.26 	(8) a description of any additional services, including home care services, available for 
216.27 	an additional fee from the establishment directly or through arrangements with the 
216.28 	establishment, and a schedule of fees charged for these services;
216.29 	(9) a conspicuous notice informing the tenant of the policy concerning the conditions 
216.30 	under which and the process through which the contract may be modified, amended, or 
217.1 	terminated, including whether a move to a different room or sharing a room would be 
217.2 	required in the event that the tenant can no longer pay the current rent;
217.3 	(10) a description of the establishment's complaint resolution process available to residents 
217.4 	including the toll-free complaint line for the Office of Ombudsman for Long-Term Care;
217.5 	(11) the resident's designated representative, if any;
217.6 	(12) the establishment's referral procedures if the contract is terminated;
217.7 	(13) requirements of residency used by the establishment to determine who may reside 
217.8 	or continue to reside in the housing with services establishment;
217.9 	(14) billing and payment procedures and requirements;
217.10 	(15) a statement regarding the ability of a resident to receive services from service 
217.11 	providers with whom the establishment does not have an arrangement;
217.12 	(16) a statement regarding the availability of public funds for payment for residence or 
217.13 	services in the establishment; and
217.14 	(17) a statement regarding the availability of and contact information for long-term care 
217.15 	consultation services under section 256B.0911 in the county in which the establishment is 
217.16 	located;
217.17 	(18) a statement that a resident has the right to request a reasonable accommodation; 
217.18 	and
217.19 	(19) a statement describing the conditions under which a contract may be amended.

217.20 	Sec. 33. Minnesota Statutes 2016, section 144D.04, is amended by adding a subdivision 
217.21 	to read:
217.22 		Subd. 2b.Changes to contract.   The housing with services establishment must provide 
217.23 	prompt written notice to the resident or resident's legal representative of a new owner or 
217.24 	manager of the  housing with services establishment, and the name and physical mailing 
217.25 	address of any new or additional natural person not identified in the admission contract who 
217.26 	is authorized to accept service of process.

217.27 	Sec. 34. [144D.044] INFORMATION REQUIRED TO BE POSTED.
217.28 	A housing with services establishment must post conspicuously within the establishment, 
217.29 	in a location accessible to public view, the following information:
218.1 	(1) the name, mailing address, and contact information of the current owner or owners 
218.2 	of the establishment and, if the owner or owners are not natural persons, identification of 
218.3 	the type of business entity of the owner or owners;
218.4 	(2) the name, mailing address, and contact information of the managing agent, through 
218.5 	management agreement or lease agreement, of the establishment, if different from the owner 
218.6 	or owners, and the name and contact information of the on-site manager, if any; and
218.7 	(3) the name and mailing address of at least one natural person who is authorized to 
218.8 	accept service of process on behalf of the owner or owners and managing agent.

218.9 	Sec. 35. [144D.095] TERMINATION OF SERVICES.
218.10 	A termination of services initiated by an arranged home care provider is governed by 
218.11 	section 144A.442.

218.12 	Sec. 36. Minnesota Statutes 2016, section 144G.01, subdivision 1, is amended to read:
218.13 		Subdivision 1.Scope; other definitions. For purposes of sections 144G.01 to 144G.05
218.14 	144G.08, the following definitions apply. In addition, the definitions provided in section 
218.15 	144D.01 also apply to sections 144G.01 to 144G.05 144G.08.

218.16 	Sec. 37. [144G.07] TERMINATION OF LEASE.
218.17 	A lease termination initiated by a registered housing with services establishment using 
218.18 	"assisted living" is governed by section 144D.09.

218.19 	Sec. 38. [144G.08] TERMINATION OF SERVICES.
218.20 	A termination of services initiated by an arranged home care provider as defined in 
218.21 	section 144D.01, subdivision 2a, is governed by section 144A.442.

218.22 	Sec. 39. Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3, is amended 
218.23 	to read:
218.24 		Subd. 3.State agency hearings. (a) State agency hearings are available for the following:
218.25 	(1) any person applying for, receiving or having received public assistance, medical 
218.26 	care, or a program of social services granted by the state agency or a county agency or the 
218.27 	federal Food Stamp Act whose application for assistance is denied, not acted upon with 
218.28 	reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed 
218.29 	to have been incorrectly paid;
219.1 	(2) any patient or relative aggrieved by an order of the commissioner under section 
219.2 	252.27;
219.3 	(3) a party aggrieved by a ruling of a prepaid health plan;
219.4 	(4) except as provided under chapter 245C,:
219.5 	(i) any individual or facility determined by a lead investigative agency to have maltreated 
219.6 	a vulnerable adult under section 626.557 after they have exercised their right to administrative 
219.7 	reconsideration under section 626.557; and
219.8 	(ii) any vulnerable adult who is the subject of a maltreatment investigation under section 
219.9 	626.557 or a guardian or health care agent of the vulnerable adult, after the right to 
219.10 	administrative reconsideration under section 626.557, subdivision 9d, has been exercised;
219.11 	(5) any person whose claim for foster care payment according to a placement of the 
219.12 	child resulting from a child protection assessment under section 626.556 is denied or not 
219.13 	acted upon with reasonable promptness, regardless of funding source;
219.14 	(6) any person to whom a right of appeal according to this section is given by other 
219.15 	provision of law;
219.16 	(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver 
219.17 	under section 256B.15;
219.18 	(8) an applicant aggrieved by an adverse decision to an application or redetermination 
219.19 	for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
219.20 	(9) except as provided under chapter 245A, an individual or facility determined to have 
219.21 	maltreated a minor under section 626.556, after the individual or facility has exercised the 
219.22 	right to administrative reconsideration under section 626.556;
219.23 	(10) except as provided under chapter 245C, an individual disqualified under sections 
219.24 	245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, 
219.25 	on the basis of serious or recurring maltreatment; a preponderance of the evidence that the 
219.26 	individual has committed an act or acts that meet the definition of any of the crimes listed 
219.27 	in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 
219.28 	626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment 
219.29 	determination under clause (4) or (9) and a disqualification under this clause in which the 
219.30 	basis for a disqualification is serious or recurring maltreatment, shall be consolidated into 
219.31 	a single fair hearing. In such cases, the scope of review by the human services judge shall 
219.32 	include both the maltreatment determination and the disqualification. The failure to exercise 
219.33 	the right to an administrative reconsideration shall not be a bar to a hearing under this section 
220.1 	if federal law provides an individual the right to a hearing to dispute a finding of 
220.2 	maltreatment;
220.3 	(11) any person with an outstanding debt resulting from receipt of public assistance, 
220.4 	medical care, or the federal Food Stamp Act who is contesting a setoff claim by the 
220.5 	Department of Human Services or a county agency. The scope of the appeal is the validity 
220.6 	of the claimant agency's intention to request a setoff of a refund under chapter 270A against 
220.7 	the debt;
220.8 	(12) a person issued a notice of service termination under section 245D.10, subdivision 
220.9 	3a, from residential supports and services as defined in section 245D.03, subdivision 1, 
220.10 	paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;
220.11 	(13) an individual disability waiver recipient based on a denial of a request for a rate 
220.12 	exception under section 256B.4914; or
220.13 	(14) a person issued a notice of service termination under section 245A.11, subdivision 
220.14 	11, that is not otherwise subject to appeal under subdivision 4a.
220.15 	(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10), 
220.16 	is the only administrative appeal to the final agency determination specifically, including 
220.17 	a challenge to the accuracy and completeness of data under section 13.04. Hearings requested 
220.18 	under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or 
220.19 	after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged 
220.20 	to have maltreated a resident prior to October 1, 1995, shall be held as a contested case 
220.21 	proceeding under the provisions of chapter 14. Hearings requested under paragraph (a), 
220.22 	clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A 
220.23 	hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only 
220.24 	available when there is no district court action pending. If such action is filed in district 
220.25 	court while an administrative review is pending that arises out of some or all of the events 
220.26 	or circumstances on which the appeal is based, the administrative review must be suspended 
220.27 	until the judicial actions are completed. If the district court proceedings are completed, 
220.28 	dismissed, or overturned, the matter may be considered in an administrative hearing.
220.29 	(c) For purposes of this section, bargaining unit grievance procedures are not an 
220.30 	administrative appeal.
220.31 	(d) The scope of hearings involving claims to foster care payments under paragraph (a), 
220.32 	clause (5), shall be limited to the issue of whether the county is legally responsible for a 
220.33 	child's placement under court order or voluntary placement agreement and, if so, the correct 
221.1 	amount of foster care payment to be made on the child's behalf and shall not include review 
221.2 	of the propriety of the county's child protection determination or child placement decision.
221.3 	(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to 
221.4 	whether the proposed termination of services is authorized under section 245D.10, 
221.5 	subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements 
221.6 	of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, 
221.7 	paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of 
221.8 	termination of services, the scope of the hearing shall also include whether the case 
221.9 	management provider has finalized arrangements for a residential facility, a program, or 
221.10 	services that will meet the assessed needs of the recipient by the effective date of the service 
221.11 	termination.
221.12 	(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor 
221.13 	under contract with a county agency to provide social services is not a party and may not 
221.14 	request a hearing under this section, except if assisting a recipient as provided in subdivision 
221.15 	4.
221.16 	(g) An applicant or recipient is not entitled to receive social services beyond the services 
221.17 	prescribed under chapter 256M or other social services the person is eligible for under state 
221.18 	law.
221.19 	(h) The commissioner may summarily affirm the county or state agency's proposed 
221.20 	action without a hearing when the sole issue is an automatic change due to a change in state 
221.21 	or federal law.
221.22 	(i) Unless federal or Minnesota law specifies a different time frame in which to file an 
221.23 	appeal, an individual or organization specified in this section may contest the specified 
221.24 	action, decision, or final disposition before the state agency by submitting a written request 
221.25 	for a hearing to the state agency within 30 days after receiving written notice of the action, 
221.26 	decision, or final disposition, or within 90 days of such written notice if the applicant, 
221.27 	recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 
221.28 	13, why the request was not submitted within the 30-day time limit. The individual filing 
221.29 	the appeal has the burden of proving good cause by a preponderance of the evidence.

221.30 	Sec. 40. Minnesota Statutes 2017 Supplement, section 256.045, subdivision 4, is amended 
221.31 	to read:
221.32 		Subd. 4.Conduct of hearings. (a) All hearings held pursuant to subdivision 3, 3a, 3b, 
221.33 	or 4a shall be conducted according to the provisions of the federal Social Security Act and 
222.1 	the regulations implemented in accordance with that act to enable this state to qualify for 
222.2 	federal grants-in-aid, and according to the rules and written policies of the commissioner 
222.3 	of human services. County agencies shall install equipment necessary to conduct telephone 
222.4 	hearings. A state human services judge may schedule a telephone conference hearing when 
222.5 	the distance or time required to travel to the county agency offices will cause a delay in the 
222.6 	issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings 
222.7 	may be conducted by telephone conferences unless the applicant, recipient, former recipient, 
222.8 	person, or facility contesting maltreatment objects. A human services judge may grant a 
222.9 	request for a hearing in person by holding the hearing by interactive video technology or 
222.10 	in person. The human services judge must hear the case in person if the person asserts that 
222.11 	either the person or a witness has a physical or mental disability that would impair the 
222.12 	person's or witness's ability to fully participate in a hearing held by interactive video 
222.13 	technology. The hearing shall not be held earlier than five days after filing of the required 
222.14 	notice with the county or state agency. The state human services judge shall notify all 
222.15 	interested persons of the time, date, and location of the hearing at least five days before the 
222.16 	date of the hearing. Interested persons may be represented by legal counsel or other 
222.17 	representative of their choice, including a provider of therapy services, at the hearing and 
222.18 	may appear personally, testify and offer evidence, and examine and cross-examine witnesses. 
222.19 	The applicant, recipient, former recipient, person, or facility contesting maltreatment shall 
222.20 	have the opportunity to examine the contents of the case file and all documents and records 
222.21 	to be used by the county or state agency at the hearing at a reasonable time before the date 
222.22 	of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses 
222.23 	(4), (9), and (10), either party may subpoena the private data relating to the investigation 
222.24 	prepared by the agency under section 626.556 or 626.557 that is not otherwise accessible 
222.25 	under section 13.04, provided the identity of the reporter may not be disclosed.
222.26 	(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph 
222.27 	(a), clause (4), (9), or (10), must be subject to a protective order which prohibits its disclosure 
222.28 	for any other purpose outside the hearing provided for in this section without prior order of 
222.29 	the district court. Disclosure without court order is punishable by a sentence of not more 
222.30 	than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on 
222.31 	the use of private data do not prohibit access to the data under section 13.03, subdivision 
222.32 	6. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (9), and (10), upon 
222.33 	request, the county agency shall provide reimbursement for transportation, child care, 
222.34 	photocopying, medical assessment, witness fee, and other necessary and reasonable costs 
222.35 	incurred by the applicant, recipient, or former recipient in connection with the appeal. All 
222.36 	evidence, except that privileged by law, commonly accepted by reasonable people in the 
223.1 	conduct of their affairs as having probative value with respect to the issues shall be submitted 
223.2 	at the hearing and such hearing shall not be "a contested case" within the meaning of section 
223.3 	14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and 
223.4 	may not submit evidence after the hearing except by agreement of the parties at the hearing, 
223.5 	provided the petitioner has the opportunity to respond.
223.6 	(c) In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), involving 
223.7 	determinations of maltreatment or disqualification made by more than one county agency, 
223.8 	by a county agency and a state agency, or by more than one state agency, the hearings may 
223.9 	be consolidated into a single fair hearing upon the consent of all parties and the state human 
223.10 	services judge.
223.11 	(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a 
223.12 	vulnerable adult, the human services judge shall notify the vulnerable adult who is the 
223.13 	subject of the maltreatment determination and, if known, a guardian of the vulnerable adult 
223.14 	appointed under section 524.5-310, or a health care agent designated by the vulnerable adult 
223.15 	in a health care directive that is currently effective under section 145C.06 and whose authority 
223.16 	to make health care decisions is not suspended under section 524.5-310, of the hearing and 
223.17 	shall notify the facility or individual who is the alleged perpetrator of maltreatment. The 
223.18 	notice must be sent by certified mail and inform the vulnerable adult or the alleged perpetrator 
223.19 	of the right to file a signed written statement in the proceedings. A guardian or health care 
223.20 	agent who prepares or files a written statement for the vulnerable adult must indicate in the 
223.21 	statement that the person is the vulnerable adult's guardian or health care agent and sign the 
223.22 	statement in that capacity. The vulnerable adult, the guardian, or the health care agent may 
223.23 	file a written statement with the human services judge hearing the case no later than five 
223.24 	business days before commencement of the hearing. The human services judge shall include 
223.25 	the written statement in the hearing record and consider the statement in deciding the appeal. 
223.26 	This subdivision does not limit, prevent, or excuse the vulnerable adult or alleged perpetrator 
223.27 	from being called as a witness testifying at the hearing or grant the vulnerable adult, the 
223.28 	guardian, or health care agent a right to participate in the proceedings or appeal the human 
223.29 	services judge's decision in the case. The lead investigative agency must consider including 
223.30 	the vulnerable adult victim of maltreatment as a witness in the hearing. If the lead 
223.31 	investigative agency determines that participation in the hearing would endanger the 
223.32 	well-being of the vulnerable adult or not be in the best interests of the vulnerable adult, the 
223.33 	lead investigative agency shall inform the human services judge of the basis for this 
223.34 	determination, which must be included in the final order. If the human services judge is not 
223.35 	reasonably able to determine the address of the vulnerable adult, the guardian, the alleged 
224.1 	perpetrator, or the health care agent, the human services judge is not required to send a 
224.2 	hearing notice under this subdivision.

224.3 	Sec. 41. Minnesota Statutes 2016, section 325F.71, is amended to read:
224.4 	325F.71 SENIOR CITIZENS, VULNERABLE ADULTS, AND DISABLED
224.5 	PERSONS WITH DISABILITIES; ADDITIONAL CIVIL PENALTY FOR 
224.6 	DECEPTIVE ACTS.
224.7 		Subdivision 1.Definitions. For the purposes of this section, the following words have 
224.8 	the meanings given them:
224.9 	(a) "Senior citizen" means a person who is 62 years of age or older.
224.10 	(b) "Disabled Person with a disability" means a person who has an impairment of physical 
224.11 	or mental function or emotional status that substantially limits one or more major life 
224.12 	activities.
224.13 	(c) "Major life activities" means functions such as caring for one's self, performing 
224.14 	manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
224.15 	(d) "Vulnerable adult" has the meaning given in section 626.5572, subdivision 21.
224.16 		Subd. 2.Supplemental civil penalty. (a) In addition to any liability for a civil penalty 
224.17 	pursuant to sections 325D.43 to 325D.48, regarding deceptive trade practices; 325F.67, 
224.18 	regarding false advertising; and 325F.68 to 325F.70, regarding consumer fraud; a person 
224.19 	who engages in any conduct prohibited by those statutes, and whose conduct is perpetrated 
224.20 	against one or more senior citizens, vulnerable adults, or disabled persons with a disability, 
224.21 	is liable for an additional civil penalty not to exceed $10,000 for each violation, if one or 
224.22 	more of the factors in paragraph (b) are present.
224.23 	(b) In determining whether to impose a civil penalty pursuant to paragraph (a), and the 
224.24 	amount of the penalty, the court shall consider, in addition to other appropriate factors, the 
224.25 	extent to which one or more of the following factors are present:
224.26 	(1) whether the defendant knew or should have known that the defendant's conduct was 
224.27 	directed to one or more senior citizens, vulnerable adults, or disabled persons with a 
224.28 	disability;
224.29 	(2) whether the defendant's conduct caused one or more senior citizens, vulnerable adults,
224.30 	or disabled persons with a disability to suffer: loss or encumbrance of a primary residence, 
224.31 	principal employment, or source of income; substantial loss of property set aside for 
224.32 	retirement or for personal or family care and maintenance; substantial loss of payments 
225.1 	received under a pension or retirement plan or a government benefits program; or assets 
225.2 	essential to the health or welfare of the senior citizen, vulnerable adult, or disabled person
225.3 	with a disability;
225.4 	(3) whether one or more senior citizens, vulnerable adults, or disabled persons with a 
225.5 	disability are more vulnerable to the defendant's conduct than other members of the public 
225.6 	because of age, poor health or infirmity, impaired understanding, restricted mobility, or 
225.7 	disability, and actually suffered physical, emotional, or economic damage resulting from 
225.8 	the defendant's conduct; or
225.9 	(4) whether the defendant's conduct caused senior citizens, vulnerable adults, or disabled
225.10 	persons with a disability to make an uncompensated asset transfer that resulted in the person 
225.11 	being found ineligible for medical assistance.
225.12 		Subd. 3.Restitution to be given priority. Restitution ordered pursuant to the statutes 
225.13 	listed in subdivision 2 shall be given priority over imposition of civil penalties designated 
225.14 	by the court under this section.
225.15 		Subd. 4.Private remedies. A person injured by a violation of this section may bring a 
225.16 	civil action and recover damages, together with costs and disbursements, including costs 
225.17 	of investigation and reasonable attorney's fees, and receive other equitable relief as 
225.18 	determined by the court.

225.19 	Sec. 42. Minnesota Statutes 2016, section 609.2231, subdivision 8, is amended to read:
225.20 		Subd. 8.Vulnerable adults. (a) As used in this subdivision, "vulnerable adult" has the 
225.21 	meaning given in section 609.232, subdivision 11.
225.22 	(b) Whoever assaults and inflicts demonstrable bodily harm on a vulnerable adult, 
225.23 	knowing or having reason to know that the person is a vulnerable adult, is guilty of a gross 
225.24 	misdemeanor.
225.25 	(c) A person who uses restraints on a vulnerable adult does not violate this subdivision 
225.26 	if (1) the person complies with applicable requirements in state and federal law regarding 
225.27 	the use of restraints; and (2) any force applied in imposing restraints is reasonable.

225.28 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
225.29 	committed on or after that date.

226.1 	Sec. 43. Minnesota Statutes 2016, section 626.557, subdivision 3, is amended to read:
226.2 		Subd. 3.Timing of report. (a) A mandated reporter who has reason to believe that a 
226.3 	vulnerable adult is being or has been maltreated, or who has knowledge that a vulnerable 
226.4 	adult has sustained a physical injury which is not reasonably explained shall immediately
226.5 	report the information to the common entry point as soon as possible but in no event longer 
226.6 	than 24 hours. If an individual is a vulnerable adult solely because the individual is admitted 
226.7 	to a facility, a mandated reporter is not required to report suspected maltreatment of the 
226.8 	individual that occurred prior to admission, unless:
226.9 	(1) the individual was admitted to the facility from another facility and the reporter has 
226.10 	reason to believe the vulnerable adult was maltreated in the previous facility; or
226.11 	(2) the reporter knows or has reason to believe that the individual is a vulnerable adult 
226.12 	as defined in section 626.5572, subdivision 21, paragraph (a), clause (4).
226.13 	(b) A person not required to report under the provisions of this section may voluntarily 
226.14 	report as described above.
226.15 	(c) Nothing in this section requires a report of known or suspected maltreatment, if the 
226.16 	reporter knows or has reason to know that a report has been made to the common entry 
226.17 	point.
226.18 	(d) Nothing in this section shall preclude a reporter from also reporting to a law 
226.19 	enforcement agency.
226.20 	(e) A mandated reporter who knows or has reason to believe that an error under section 
226.21 	626.5572, subdivision 17, paragraph (c), clause (5), occurred must make a report under this 
226.22 	subdivision. If the reporter or a facility, at any time believes that an investigation by a lead 
226.23 	investigative agency will determine or should determine that the reported error was not 
226.24 	neglect according to the criteria under section 626.5572, subdivision 17, paragraph (c), 
226.25 	clause (5), the reporter or facility may provide to the common entry point or directly to the 
226.26 	lead investigative agency information explaining how the event meets the criteria under 
226.27 	section 626.5572, subdivision 17, paragraph (c), clause (5). The lead investigative agency 
226.28 	shall consider this information when making an initial disposition of the report under 
226.29 	subdivision 9c.

226.30 	Sec. 44. Minnesota Statutes 2016, section 626.557, subdivision 4, is amended to read:
226.31 		Subd. 4.Reporting. (a) Except as provided in paragraph (b), a mandated reporter shall 
226.32 	immediately make an oral report to the common entry point. The common entry point may 
226.33 	accept electronic reports submitted through a Web-based reporting system established by 
227.1 	the commissioner. Use of a telecommunications device for the deaf or other similar device 
227.2 	shall be considered an oral report. The common entry point may not require written reports. 
227.3 	To the extent possible, the report must be of sufficient content to identify the vulnerable 
227.4 	adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of 
227.5 	previous maltreatment, the name and address of the reporter, the time, date, and location of 
227.6 	the incident, and any other information that the reporter believes might be helpful in 
227.7 	investigating the suspected maltreatment. The common entry point must provide a method 
227.8 	for the reporter to electronically submit evidence to support the maltreatment report, including 
227.9 	but not limited to uploading photographs, videos, or documents. A mandated reporter may 
227.10 	disclose not public data, as defined in section 13.02, and medical records under sections 
227.11 	144.291 to 144.298, to the extent necessary to comply with this subdivision.
227.12 	(b) A boarding care home that is licensed under sections 144.50 to 144.58 and certified 
227.13 	under Title 19 of the Social Security Act, a nursing home that is licensed under section 
227.14 	144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a hospital 
227.15 	that is licensed under sections 144.50 to 144.58 and has swing beds certified under Code 
227.16 	of Federal Regulations, title 42, section 482.66, may submit a report electronically to the 
227.17 	common entry point instead of submitting an oral report. The report may be a duplicate of 
227.18 	the initial report the facility submits electronically to the commissioner of health to comply 
227.19 	with the reporting requirements under Code of Federal Regulations, title 42, section 483.13.
227.20 	The commissioner of health may modify these reporting requirements to include items 
227.21 	required under paragraph (a) that are not currently included in the electronic reporting form.
227.22 	(c) All reports must be directed to the common entry point, including reports from 
227.23 	federally licensed facilities, vulnerable adults, and interested persons.

227.24 	Sec. 45. Minnesota Statutes 2016, section 626.557, subdivision 9, is amended to read:
227.25 		Subd. 9.Common entry point designation. (a) Each county board shall designate a 
227.26 	common entry point for reports of suspected maltreatment, for use until the commissioner 
227.27 	of human services establishes a common entry point. Two or more county boards may 
227.28 	jointly designate a single common entry point. The commissioner of human services shall 
227.29 	establish a common entry point effective July 1, 2015. The common entry point is the unit 
227.30 	responsible for receiving the report of suspected maltreatment under this section.
227.31 	(b) The common entry point must be available 24 hours per day to take calls from 
227.32 	reporters of suspected maltreatment. The common entry point staff must receive training 
227.33 	on how to screen and dispatch reports efficiently and in accordance with this section. The 
227.34 	common entry point shall use a standard intake form that includes:
228.1 	(1) the time and date of the report;
228.2 	(2) the name, address, and telephone number of the person reporting;
228.3 	(3) the time, date, and location of the incident;
228.4 	(4) the names of the persons involved, including but not limited to, perpetrators, alleged 
228.5 	victims, and witnesses;
228.6 	(5) whether there was a risk of imminent danger to the alleged victim;
228.7 	(6) a description of the suspected maltreatment;
228.8 	(7) the disability, if any, of the alleged victim;
228.9 	(8) the relationship of the alleged perpetrator to the alleged victim;
228.10 	(9) whether a facility was involved and, if so, which agency licenses the facility;
228.11 	(10) any action taken by the common entry point;
228.12 	(11) whether law enforcement has been notified;
228.13 	(12) whether the reporter wishes to receive notification of the initial and final reports; 
228.14 	and
228.15 	(13) if the report is from a facility with an internal reporting procedure, the name, mailing 
228.16 	address, and telephone number of the person who initiated the report internally.
228.17 	(c) The common entry point is not required to complete each item on the form prior to 
228.18 	dispatching the report to the appropriate lead investigative agency.
228.19 	(d) The common entry point shall immediately report to a law enforcement agency any 
228.20 	incident in which there is reason to believe a crime has been committed.
228.21 	(e) If a report is initially made to a law enforcement agency or a lead investigative agency, 
228.22 	those agencies shall take the report on the appropriate common entry point intake forms 
228.23 	and immediately forward a copy to the common entry point.
228.24 	(f) The common entry point staff must receive training on how to screen and dispatch 
228.25 	reports efficiently and in accordance with this section. cross-reference multiple complaints 
228.26 	to the lead investigative agency concerning:
228.27 	(1) the same alleged perpetrator, facility, or licensee;
228.28 	(2) the same vulnerable adult; or
228.29 	(3) the same incident.
229.1 	(g) The commissioner of human services shall maintain a centralized database for the 
229.2 	collection of common entry point data, lead investigative agency data including maltreatment 
229.3 	report disposition, and appeals data. The common entry point shall have access to the 
229.4 	centralized database and must log the reports into the database and immediately identify 
229.5 	and locate prior reports of abuse, neglect, or exploitation.
229.6 	(h) When appropriate, the common entry point staff must refer calls that do not allege 
229.7 	the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might 
229.8 	resolve the reporter's concerns.
229.9 	(i) A common entry point must be operated in a manner that enables the commissioner 
229.10 	of human services to:
229.11 	(1) track critical steps in the reporting, evaluation, referral, response, disposition, and 
229.12 	investigative process to ensure compliance with all requirements for all reports;
229.13 	(2) maintain data to facilitate the production of aggregate statistical reports for monitoring 
229.14 	patterns of abuse, neglect, or exploitation;
229.15 	(3) serve as a resource for the evaluation, management, and planning of preventative 
229.16 	and remedial services for vulnerable adults who have been subject to abuse, neglect, or 
229.17 	exploitation;
229.18 	(4) set standards, priorities, and policies to maximize the efficiency and effectiveness 
229.19 	of the common entry point; and
229.20 	(5) track and manage consumer complaints related to the common entry point., including 
229.21 	tracking and cross-referencing multiple complaints concerning:
229.22 	(i) the same alleged perpetrator, facility, or licensee;
229.23 	(ii) the same vulnerable adult; and
229.24 	(iii) the same incident.
229.25 	(j) The commissioners of human services and health shall collaborate on the creation of 
229.26 	a system for referring reports to the lead investigative agencies. This system shall enable 
229.27 	the commissioner of human services to track critical steps in the reporting, evaluation, 
229.28 	referral, response, disposition, investigation, notification, determination, and appeal processes.

230.1 	Sec. 46. Minnesota Statutes 2016, section 626.557, subdivision 9a, is amended to read:
230.2 		Subd. 9a.Evaluation and referral of reports made to common entry point. (a) The 
230.3 	common entry point must screen the reports of alleged or suspected maltreatment for 
230.4 	immediate risk and make all necessary referrals as follows:
230.5 	(1) if the common entry point determines that there is an immediate need for emergency 
230.6 	adult protective services, the common entry point agency shall immediately notify the 
230.7 	appropriate county agency;
230.8 	(2) if the common entry point determines an immediate need exists for response by law 
230.9 	enforcement, including the urgent need to secure a crime scene, interview witnesses, remove 
230.10 	the alleged perpetrator, or safeguard the vulnerable adult's property, or if the report contains 
230.11 	suspected criminal activity against a vulnerable adult, the common entry point shall 
230.12 	immediately notify the appropriate law enforcement agency;
230.13 	(3) the common entry point shall refer all reports of alleged or suspected maltreatment 
230.14 	to the appropriate lead investigative agency as soon as possible, but in any event no longer 
230.15 	than two working days;
230.16 	(4) if the report contains information about a suspicious death, the common entry point 
230.17 	shall immediately notify the appropriate law enforcement agencies, the local medical 
230.18 	examiner, and the ombudsman for mental health and developmental disabilities established 
230.19 	under section 245.92. Law enforcement agencies shall coordinate with the local medical 
230.20 	examiner and the ombudsman as provided by law; and
230.21 	(5) for reports involving multiple locations or changing circumstances, the common 
230.22 	entry point shall determine the county agency responsible for emergency adult protective 
230.23 	services and the county responsible as the lead investigative agency, using referral guidelines 
230.24 	established by the commissioner.
230.25 	(b) If the lead investigative agency receiving a report believes the report was referred 
230.26 	by the common entry point in error, the lead investigative agency shall immediately notify 
230.27 	the common entry point of the error, including the basis for the lead investigative agency's 
230.28 	belief that the referral was made in error. The common entry point shall review the 
230.29 	information submitted by the lead investigative agency and immediately refer the report to 
230.30 	the appropriate lead investigative agency.

230.31 	Sec. 47. Minnesota Statutes 2016, section 626.557, subdivision 9b, is amended to read:
230.32 		Subd. 9b.Response to reports. Law enforcement is the primary agency to conduct 
230.33 	investigations of any incident in which there is reason to believe a crime has been committed. 
231.1 	Law enforcement shall initiate a response immediately. If the common entry point notified 
231.2 	a county agency for emergency adult protective services, law enforcement shall cooperate 
231.3 	with that county agency when both agencies are involved and shall exchange data to the 
231.4 	extent authorized in subdivision 12b, paragraph (g) (k). County adult protection shall initiate 
231.5 	a response immediately. Each lead investigative agency shall complete the investigative 
231.6 	process for reports within its jurisdiction. A lead investigative agency, county, adult protective 
231.7 	agency, licensed facility, or law enforcement agency shall cooperate with other agencies in 
231.8 	the provision of protective services, coordinating its investigations, and assisting another 
231.9 	agency within the limits of its resources and expertise and shall exchange data to the extent 
231.10 	authorized in subdivision 12b, paragraph (g) (k). The lead investigative agency shall obtain 
231.11 	the results of any investigation conducted by law enforcement officials, and law enforcement 
231.12 	shall obtain the results of any investigation conducted by the lead investigative agency to 
231.13 	determine if criminal action is warranted. The lead investigative agency has the right to 
231.14 	enter facilities and inspect and copy records as part of investigations. The lead investigative 
231.15 	agency has access to not public data, as defined in section 13.02, and medical records under 
231.16 	sections 144.291 to 144.298, that are maintained by facilities to the extent necessary to 
231.17 	conduct its investigation. Each lead investigative agency shall develop guidelines for 
231.18 	prioritizing reports for investigation. Nothing in this subdivision alters the duty of the lead 
231.19 	investigative agency to serve as the agency responsible for investigating reports made under 
231.20 	this section.

231.21 	Sec. 48. Minnesota Statutes 2016, section 626.557, subdivision 9c, is amended to read:
231.22 		Subd. 9c.Lead investigative agency; notifications, dispositions, determinations. (a) 
231.23 	Upon request of the reporter, The lead investigative agency shall notify the reporter that it 
231.24 	has received the report, and provide information on the initial disposition of the report within 
231.25 	five business days of receipt of the report, provided that the notification will not endanger 
231.26 	the vulnerable adult or hamper the investigation.
231.27 	(b) The lead investigative agency must provide the following information to the vulnerable 
231.28 	adult or the vulnerable adult's guardian or health care agent, if known, within five days of 
231.29 	receipt of the report:
231.30 	(1) the nature of the maltreatment allegations, including the report of maltreatment as 
231.31 	allowed under law;
231.32 	(2) the name of the facility or other location at which alleged maltreatment occurred;
232.1 	(3) the name of the alleged perpetrator if the lead investigative agency believes disclosure 
232.2 	of the name is necessary to protect the vulnerable adult's physical, emotional, or financial 
232.3 	interests;
232.4 	(4) protective measures that may be recommended or taken as a result of the maltreatment 
232.5 	report;
232.6 	(5) contact information for the investigator or other information as requested and allowed 
232.7 	under law; and
232.8 	(6) confirmation of whether the lead investigative agency is investigating the matter 
232.9 	and, if so:
232.10 	(i) an explanation of the process and estimated timeline for the investigation; and
232.11 	(ii) a statement that the lead investigative agency will provide an update on the 
232.12 	investigation approximately every three weeks upon request by the vulnerable adult or the 
232.13 	vulnerable adult's guardian or health care agent and a report when the investigation is 
232.14 	concluded.
232.15 	(c) The lead investigative agency may assign multiple reports of maltreatment for the 
232.16 	same or separate incidences related to the same vulnerable adult to the same investigator, 
232.17 	as deemed appropriate. Reports related to the same vulnerable adult must, at a minimum, 
232.18 	be cross-referenced.
232.19 	(b)(d) Upon conclusion of every investigation it conducts, the lead investigative agency 
232.20 	shall make a final disposition as defined in section 626.5572, subdivision 8.
232.21 	(c) (e) When determining whether the facility or individual is the responsible party for 
232.22 	substantiated maltreatment or whether both the facility and the individual are responsible 
232.23 	for substantiated maltreatment, the lead investigative agency shall consider at least the 
232.24 	following mitigating factors:
232.25 	(1) whether the actions of the facility or the individual caregivers were in accordance 
232.26 	with, and followed the terms of, an erroneous physician order, prescription, resident care 
232.27 	plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible 
232.28 	for the issuance of the erroneous order, prescription, plan, or directive or knows or should 
232.29 	have known of the errors and took no reasonable measures to correct the defect before 
232.30 	administering care;
232.31 	(2) the comparative responsibility between the facility, other caregivers, and requirements 
232.32 	placed upon the employee, including but not limited to, the facility's compliance with related 
232.33 	regulatory standards and factors such as the adequacy of facility policies and procedures, 
233.1 	the adequacy of facility training, the adequacy of an individual's participation in the training, 
233.2 	the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a 
233.3 	consideration of the scope of the individual employee's authority; and
233.4 	(3) whether the facility or individual followed professional standards in exercising 
233.5 	professional judgment.
233.6 	(d) (f) When substantiated maltreatment is determined to have been committed by an 
233.7 	individual who is also the facility license holder, both the individual and the facility must 
233.8 	be determined responsible for the maltreatment, and both the background study 
233.9 	disqualification standards under section 245C.15, subdivision 4, and the licensing actions 
233.10 	under section 245A.06 or 245A.07 apply.
233.11 	(e) (g) The lead investigative agency shall complete its final disposition within 60 
233.12 	calendar days. If the lead investigative agency is unable to complete its final disposition 
233.13 	within 60 calendar days, the lead investigative agency shall notify the following persons 
233.14 	provided that the notification will not endanger the vulnerable adult or hamper the 
233.15 	investigation: (1) the vulnerable adult or the vulnerable adult's guardian or health care agent, 
233.16 	when known, if the lead investigative agency knows them to be aware of the investigation; 
233.17 	and (2) the facility, where applicable. The notice shall contain the reason for the delay and 
233.18 	the projected completion date. If the lead investigative agency is unable to complete its final 
233.19 	disposition by a subsequent projected completion date, the lead investigative agency shall 
233.20 	again notify the vulnerable adult or the vulnerable adult's guardian or health care agent, 
233.21 	when known if the lead investigative agency knows them to be aware of the investigation, 
233.22 	and the facility, where applicable, of the reason for the delay and the revised projected 
233.23 	completion date provided that the notification will not endanger the vulnerable adult or 
233.24 	hamper the investigation. The lead investigative agency must notify the health care agent 
233.25 	of the vulnerable adult only if the health care agent's authority to make health care decisions 
233.26 	for the vulnerable adult is currently effective under section 145C.06 and not suspended 
233.27 	under section 524.5-310and the investigation relates to a duty assigned to the health care 
233.28 	agent by the principal. A lead investigative agency's inability to complete the final disposition 
233.29 	within 60 calendar days or by any projected completion date does not invalidate the final 
233.30 	disposition.
233.31 	(f) (h) Within ten calendar days of completing the final disposition, the lead investigative 
233.32 	agency shall provide a copy of the public investigation memorandum under subdivision 
233.33 	12b, paragraph (b), clause (1) (d), when required to be completed under this section, to the 
233.34 	following persons:
234.1 	(1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known, 
234.2 	unless the lead investigative agency knows that the notification would endanger the 
234.3 	well-being of the vulnerable adult;
234.4 	(2) the reporter, ifunless the reporter requested notificationotherwise when making the 
234.5 	report, provided this notification would not endanger the well-being of the vulnerable adult;
234.6 	(3) the alleged perpetrator, if known;
234.7 	(4) the facility; and
234.8 	(5) the ombudsman for long-term care, or the ombudsman for mental health and 
234.9 	developmental disabilities, as appropriate;
234.10 	(6) law enforcement; and
234.11 	(7) the county attorney, as appropriate.
234.12 	(g) (i) If, as a result of a reconsideration, review, or hearing, the lead investigative agency 
234.13 	changes the final disposition, or if a final disposition is changed on appeal, the lead 
234.14 	investigative agency shall notify the parties specified in paragraph (f) (h).
234.15 	(h) (j) The lead investigative agency shall notify the vulnerable adult who is the subject 
234.16 	of the report or the vulnerable adult's guardian or health care agent, if known, and any person 
234.17 	or facility determined to have maltreated a vulnerable adult, of their appeal or review rights 
234.18 	under this section or section 256.021 256.045.
234.19 	(i) (k) The lead investigative agency shall routinely provide investigation memoranda 
234.20 	for substantiated reports to the appropriate licensing boards. These reports must include the 
234.21 	names of substantiated perpetrators. The lead investigative agency may not provide 
234.22 	investigative memoranda for inconclusive or false reports to the appropriate licensing boards 
234.23 	unless the lead investigative agency's investigation gives reason to believe that there may 
234.24 	have been a violation of the applicable professional practice laws. If the investigation 
234.25 	memorandum is provided to a licensing board, the subject of the investigation memorandum 
234.26 	shall be notified and receive a summary of the investigative findings.
234.27 	(j) (l) In order to avoid duplication, licensing boards shall consider the findings of the 
234.28 	lead investigative agency in their investigations if they choose to investigate. This does not 
234.29 	preclude licensing boards from considering other information.
234.30 	(k) (m) The lead investigative agency must provide to the commissioner of human 
234.31 	services its final dispositions, including the names of all substantiated perpetrators. The 
235.1 	commissioner of human services shall establish records to retain the names of substantiated 
235.2 	perpetrators.

235.3 	Sec. 49. Minnesota Statutes 2016, section 626.557, subdivision 9d, is amended to read:
235.4 		Subd. 9d.Administrative reconsideration; review panel. (a) Except as provided under 
235.5 	paragraph (e), any individual or facility which a lead investigative agency determines has 
235.6 	maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on behalf 
235.7 	of the vulnerable adult, regardless of the lead investigative agency's determination, who 
235.8 	contests the lead investigative agency's final disposition of an allegation of maltreatment, 
235.9 	may request the lead investigative agency to reconsider its final disposition. The request 
235.10 	for reconsideration must be submitted in writing to the lead investigative agency within 15 
235.11 	calendar days after receipt of notice of final disposition or, if the request is made by an 
235.12 	interested person who is not entitled to notice, within 15 days after receipt of the notice by 
235.13 	the vulnerable adult or the vulnerable adult's guardian or health care agent. If mailed, the 
235.14 	request for reconsideration must be postmarked and sent to the lead investigative agency 
235.15 	within 15 calendar days of the individual's or facility's receipt of the final disposition. If the 
235.16 	request for reconsideration is made by personal service, it must be received by the lead 
235.17 	investigative agency within 15 calendar days of the individual's or facility's receipt of the 
235.18 	final disposition. An individual who was determined to have maltreated a vulnerable adult 
235.19 	under this section and who was disqualified on the basis of serious or recurring maltreatment 
235.20 	under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment 
235.21 	determination and the disqualification. The request for reconsideration of the maltreatment 
235.22 	determination and the disqualification must be submitted in writing within 30 calendar days 
235.23 	of the individual's receipt of the notice of disqualification under sections 245C.16 and 
235.24 	245C.17. If mailed, the request for reconsideration of the maltreatment determination and 
235.25 	the disqualification must be postmarked and sent to the lead investigative agency within 30 
235.26 	calendar days of the individual's receipt of the notice of disqualification. If the request for 
235.27 	reconsideration is made by personal service, it must be received by the lead investigative 
235.28 	agency within 30 calendar days after the individual's receipt of the notice of disqualification.
235.29 	(b) Except as provided under paragraphs (e) and (f), if the lead investigative agency 
235.30 	denies the request or fails to act upon the request within 15 working days after receiving 
235.31 	the request for reconsideration, the person or facility entitled to a fair hearing under section 
235.32 	256.045, may submit to the commissioner of human services a written request for a hearing 
235.33 	under that statute. The vulnerable adult, or an interested person acting on behalf of the 
235.34 	vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review Panel 
235.35 	under section 256.021 if the lead investigative agency denies the request or fails to act upon 
236.1 	the request, or if the vulnerable adult or interested person contests a reconsidered disposition.
236.2 	The lead investigative agency shall notify persons who request reconsideration of their 
236.3 	rights under this paragraph. The request must be submitted in writing to the review panel 
236.4 	and a copy sent to the lead investigative agency within 30 calendar days of receipt of notice 
236.5 	of a denial of a request for reconsideration or of a reconsidered disposition. The request 
236.6 	must specifically identify the aspects of the lead investigative agency determination with 
236.7 	which the person is dissatisfied.
236.8 	(c) If, as a result of a reconsideration or review, the lead investigative agency changes 
236.9 	the final disposition, it shall notify the parties specified in subdivision 9c, paragraph (f).
236.10 	(d) For purposes of this subdivision, "interested person acting on behalf of the vulnerable 
236.11 	adult" means a person designated in writing by the vulnerable adult to act on behalf of the 
236.12 	vulnerable adult, or a legal guardian or conservator or other legal representative, a proxy 
236.13 	or health care agent appointed under chapter 145B or 145C, or an individual who is related 
236.14 	to the vulnerable adult, as defined in section 245A.02, subdivision 13.
236.15 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis 
236.16 	of a determination of maltreatment, which was serious or recurring, and the individual has 
236.17 	requested reconsideration of the maltreatment determination under paragraph (a) and 
236.18 	reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration 
236.19 	of the maltreatment determination and requested reconsideration of the disqualification 
236.20 	shall be consolidated into a single reconsideration. If reconsideration of the maltreatment 
236.21 	determination is denied and the individual remains disqualified following a reconsideration 
236.22 	decision, the individual may request a fair hearing under section 256.045. If an individual 
236.23 	requests a fair hearing on the maltreatment determination and the disqualification, the scope 
236.24 	of the fair hearing shall include both the maltreatment determination and the disqualification.
236.25 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
236.26 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
236.27 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
236.28 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
236.29 	under section 245A.08, the scope of the contested case hearing must include the maltreatment 
236.30 	determination, disqualification, and licensing sanction or denial of a license. In such cases, 
236.31 	a fair hearing must not be conducted under section 256.045. Except for family child care 
236.32 	and child foster care, reconsideration of a maltreatment determination under this subdivision, 
236.33 	and reconsideration of a disqualification under section 245C.22, must not be conducted 
236.34 	when:
237.1 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
237.2 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
237.3 	or the disqualification of a license holder based on serious or recurring maltreatment;
237.4 	(2) the denial of a license or licensing sanction is issued at the same time as the 
237.5 	maltreatment determination or disqualification; and
237.6 	(3) the license holder appeals the maltreatment determination or disqualification, and 
237.7 	denial of a license or licensing sanction.
237.8 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
237.9 	determination or disqualification, but does not appeal the denial of a license or a licensing 
237.10 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
237.11 	626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 
237.12 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
237.13 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 
237.14 	626.557, subdivision 9d.
237.15 	If the disqualified subject is an individual other than the license holder and upon whom 
237.16 	a background study must be conducted under chapter 245C, the hearings of all parties may 
237.17 	be consolidated into a single contested case hearing upon consent of all parties and the 
237.18 	administrative law judge.
237.19 	(g) Until August 1, 2002, an individual or facility that was determined by the 
237.20 	commissioner of human services or the commissioner of health to be responsible for neglect 
237.21 	under section 626.5572, subdivision 17, after October 1, 1995, and before August 1, 2001, 
237.22 	that believes that the finding of neglect does not meet an amended definition of neglect may 
237.23 	request a reconsideration of the determination of neglect. The commissioner of human 
237.24 	services or the commissioner of health shall mail a notice to the last known address of 
237.25 	individuals who are eligible to seek this reconsideration. The request for reconsideration 
237.26 	must state how the established findings no longer meet the elements of the definition of 
237.27 	neglect. The commissioner shall review the request for reconsideration and make a 
237.28 	determination within 15 calendar days. The commissioner's decision on this reconsideration 
237.29 	is the final agency action.
237.30 	(1) For purposes of compliance with the data destruction schedule under subdivision 
237.31 	12b, paragraph (d), when a finding of substantiated maltreatment has been changed as a 
237.32 	result of a reconsideration under this paragraph, the date of the original finding of a 
237.33 	substantiated maltreatment must be used to calculate the destruction date.
238.1 	(2) For purposes of any background studies under chapter 245C, when a determination 
238.2 	of substantiated maltreatment has been changed as a result of a reconsideration under this 
238.3 	paragraph, any prior disqualification of the individual under chapter 245C that was based 
238.4 	on this determination of maltreatment shall be rescinded, and for future background studies 
238.5 	under chapter 245C the commissioner must not use the previous determination of 
238.6 	substantiated maltreatment as a basis for disqualification or as a basis for referring the 
238.7 	individual's maltreatment history to a health-related licensing board under section 245C.31.

238.8 	Sec. 50. Minnesota Statutes 2016, section 626.557, subdivision 10b, is amended to read:
238.9 		Subd. 10b.Investigations; guidelines. (a) Each lead investigative agency shall develop 
238.10 	guidelines for prioritizing reports for investigation. When investigating a report, the lead 
238.11 	investigative agency shall conduct the following activities, as appropriate:
238.12 	(1) interview of the alleged victim;
238.13 	(2) interview of the reporter and others who may have relevant information;
238.14 	(3) interview of the alleged perpetrator;
238.15 	(4) examination of the environment surrounding the alleged incident;
238.16 	(5) review of pertinent documentation of the alleged incident; and
238.17 	(6) consultation with professionals.
238.18 	(b) The lead investigator must contact the alleged victim or, if known, the alleged victim's 
238.19 	guardian or health care agent, within five days after initiation of an investigation to provide 
238.20 	the investigator's name and contact information and communicate with the alleged victim 
238.21 	or the alleged victim's guardian or health care agent approximately every three weeks during 
238.22 	the course of the investigation.

238.23 	Sec. 51. Minnesota Statutes 2016, section 626.557, subdivision 12b, is amended to read:
238.24 		Subd. 12b.Data management. (a) In performing any of the duties of this section as a 
238.25 	lead investigative agency, the county social service agency shall maintain appropriate 
238.26 	records. Data collected by the county social service agency under this section are welfare 
238.27 	data under section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data 
238.28 	under this paragraph that are inactive investigative data on an individual who is a vendor 
238.29 	of services are private data on individuals, as defined in section 13.02. The identity of the 
238.30 	reporter may only be disclosed as provided in paragraph (c) (g).
239.1 	(b) Data maintained by the common entry point are confidential private data on 
239.2 	individuals or protected nonpublic data as defined in section 13.02, provided that the name 
239.3 	of the reporter is confidential data on individuals. Notwithstanding section 138.163, the 
239.4 	common entry point shall maintain data for three calendar years after date of receipt and 
239.5 	then destroy the data unless otherwise directed by federal requirements.
239.6 	(b) (c) The commissioners of health and human services shall prepare an investigation 
239.7 	memorandum for each report alleging maltreatment investigated under this section. County 
239.8 	social service agencies must maintain private data on individuals but are not required to 
239.9 	prepare an investigation memorandum. During an investigation by the commissioner of 
239.10 	health or the commissioner of human services, data collected under this section are 
239.11 	confidential data on individuals or protected nonpublic data as defined in section 13.02, 
239.12 	provided that data may be shared with the vulnerable adult or guardian or health care agent 
239.13 	if both commissioners determine that sharing of the data is needed to protect the vulnerable 
239.14 	adult. Upon completion of the investigation, the data are classified as provided in clauses 
239.15 	(1) to (3) and paragraph (c) paragraphs (d) to (g).
239.16 	(1)(d) The investigation memorandum must contain the following data, which are public:
239.17 	(i) (1) the name of the facility investigated;
239.18 	(ii) (2) a statement of the nature of the alleged maltreatment;
239.19 	(iii) (3) pertinent information obtained from medical or other records reviewed;
239.20 	(iv) (4) the identity of the investigator;
239.21 	(v) (5) a summary of the investigation's findings;
239.22 	(vi) (6) statement of whether the report was found to be substantiated, inconclusive, 
239.23 	false, or that no determination will be made;
239.24 	(vii) (7) a statement of any action taken by the facility;
239.25 	(viii) (8) a statement of any action taken by the lead investigative agency; and
239.26 	(ix) (9) when a lead investigative agency's determination has substantiated maltreatment, 
239.27 	a statement of whether an individual, individuals, or a facility were responsible for the 
239.28 	substantiated maltreatment, if known.
239.29 	The investigation memorandum must be written in a manner which protects the identity 
239.30 	of the reporter and of the vulnerable adult and may not contain the names or, to the extent 
239.31 	possible, data on individuals or private data on individuals listed in clause (2) paragraph 
239.32 	(e).
240.1 	(2) (e) Data on individuals collected and maintained in the investigation memorandum 
240.2 	are private data on individuals, including:
240.3 	(i) (1) the name of the vulnerable adult;
240.4 	(ii) (2) the identity of the individual alleged to be the perpetrator;
240.5 	(iii)(3) the identity of the individual substantiated as the perpetrator; and
240.6 	(iv) (4) the identity of all individuals interviewed as part of the investigation.
240.7 	(3) (f) Other data on individuals maintained as part of an investigation under this section 
240.8 	are private data on individuals upon completion of the investigation.
240.9 	(c)(g) After the assessment or investigation is completed, the name of the reporter must 
240.10 	be confidential., except:
240.11 	(1) the subject of the report may compel disclosure of the name of the reporter only with 
240.12 	the consent of the reporter; or
240.13 	(2) upon a written finding by a court that the report was false and there is evidence that 
240.14 	the report was made in bad faith.
240.15 	This subdivision does not alter disclosure responsibilities or obligations under the Rules 
240.16 	of Criminal Procedure, except that where the identity of the reporter is relevant to a criminal 
240.17 	prosecution, the district court shall do an in-camera review prior to determining whether to 
240.18 	order disclosure of the identity of the reporter.
240.19 	(d) (h) Notwithstanding section 138.163, data maintained under this section by the 
240.20 	commissioners of health and human services must be maintained under the following 
240.21 	schedule and then destroyed unless otherwise directed by federal requirements:
240.22 	(1) data from reports determined to be false, maintained for three years after the finding 
240.23 	was made;
240.24 	(2) data from reports determined to be inconclusive, maintained for four years after the 
240.25 	finding was made;
240.26 	(3) data from reports determined to be substantiated, maintained for seven years after 
240.27 	the finding was made; and
240.28 	(4) data from reports which were not investigated by a lead investigative agency and for 
240.29 	which there is no final disposition, maintained for three years from the date of the report.
240.30 	(e) (i) The commissioners of health and human services shall annually publish on their 
240.31 	Web sites the number and type of reports of alleged maltreatment involving licensed facilities 
241.1 	reported under this section, the number of those requiring investigation under this section, 
241.2 	and the resolution of those investigations. On a biennial basis, the commissioners of health 
241.3 	and human services shall jointly report the following information to the legislature and the 
241.4 	governor:
241.5 	(1) the number and type of reports of alleged maltreatment involving licensed facilities 
241.6 	reported under this section, the number of those requiring investigations under this section, 
241.7 	the resolution of those investigations, and which of the two lead agencies was responsible;
241.8 	(2) trends about types of substantiated maltreatment found in the reporting period;
241.9 	(3) if there are upward trends for types of maltreatment substantiated, recommendations 
241.10 	for preventing, addressing, and responding to them substantiated maltreatment;
241.11 	(4) efforts undertaken or recommended to improve the protection of vulnerable adults;
241.12 	(5) whether and where backlogs of cases result in a failure to conform with statutory 
241.13 	time frames and recommendations for reducing backlogs if applicable;
241.14 	(6) recommended changes to statutes affecting the protection of vulnerable adults; and
241.15 	(7) any other information that is relevant to the report trends and findings.
241.16 	(f) (j) Each lead investigative agency must have a record retention policy.
241.17 	(g) (k) Lead investigative agencies, prosecuting authorities, and law enforcement agencies 
241.18 	may exchange not public data, as defined in section 13.02, if the agency or authority 
241.19 	requesting the data determines that the data are pertinent and necessary to the requesting 
241.20 	agency in initiating, furthering, or completing an investigation under this section. Data 
241.21 	collected under this section must be made available to prosecuting authorities and law 
241.22 	enforcement officials, local county agencies, and licensing agencies investigating the alleged 
241.23 	maltreatment under this section. The lead investigative agency shall exchange not public 
241.24 	data with the vulnerable adult maltreatment review panel established in section 256.021 if 
241.25 	the data are pertinent and necessary for a review requested under that section.
241.26 	Notwithstanding section 138.17, upon completion of the review, not public data received 
241.27 	by the review panel must be destroyed.
241.28 	(h) (l) Each lead investigative agency shall keep records of the length of time it takes to 
241.29 	complete its investigations.
241.30 	(i) (m) Notwithstanding paragraph (a) or (b), a lead investigative agency may share 
241.31 	common entry point or investigative data  and may notify other affected parties, including 
241.32 	the vulnerable adult and their authorized representative, if the lead investigative agency has 
242.1 	reason to believe maltreatment has occurred and determines the information will safeguard 
242.2 	the well-being of the affected parties or dispel widespread rumor or unrest in the affected 
242.3 	facility.
242.4 	(j) (n) Under any notification provision of this section, where federal law specifically 
242.5 	prohibits the disclosure of patient identifying information, a lead investigative agency may 
242.6 	not provide any notice unless the vulnerable adult has consented to disclosure in a manner 
242.7 	which conforms to federal requirements.

242.8 	Sec. 52. Minnesota Statutes 2016, section 626.557, subdivision 14, is amended to read:
242.9 		Subd. 14.Abuse prevention plans. (a) Each facility, except home health agencies and 
242.10 	personal care attendant services providers assistance provider agencies, shall establish and 
242.11 	enforce an ongoing written abuse prevention plan. The plan shall contain an assessment of 
242.12 	the physical plant, its environment, and its population identifying factors which may 
242.13 	encourage or permit abuse, and a statement of specific measures to be taken to minimize 
242.14 	the risk of abuse. The plan shall comply with any rules governing the plan promulgated by 
242.15 	the licensing agency.
242.16 	(b) Each facility, including a home health care agency and personal care attendant 
242.17 	services providers, shall develop an individual abuse prevention plan for each vulnerable 
242.18 	adult residing there or receiving services from them. The plan shall contain an individualized 
242.19 	assessment of: (1) the person's susceptibility to abuse by other individuals, including other 
242.20 	vulnerable adults; (2) the person's risk of abusing other vulnerable adults; and (3) statements 
242.21 	of the specific measures to be taken to minimize the risk of abuse to that person and other 
242.22 	vulnerable adults. For the purposes of this paragraph, the term "abuse" includes self-abuse.
242.23 	(c) If the facility, except home health agencies and personal care attendant services 
242.24 	providers, knows that the vulnerable adult has committed a violent crime or an act of physical 
242.25 	aggression toward others, the individual abuse prevention plan must detail the measures to 
242.26 	be taken to minimize the risk that the vulnerable adult might reasonably be expected to pose 
242.27 	to visitors to the facility and persons outside the facility, if unsupervised. Under this section, 
242.28 	a facility knows of a vulnerable adult's history of criminal misconduct or physical aggression 
242.29 	if it receives such information from a law enforcement authority or through a medical record 
242.30 	prepared by another facility, another health care provider, or the facility's ongoing 
242.31 	assessments of the vulnerable adult.
242.32 	(d) The commissioner of health must issue a correction order and may impose an 
242.33 	immediate fine upon a finding that the facility has failed to comply with this subdivision.

243.1 	Sec. 53. Minnesota Statutes 2016, section 626.557, subdivision 17, is amended to read:
243.2 		Subd. 17.Retaliation prohibited. (a) A facility or person shall not retaliate against any 
243.3 	person who reports in good faith suspected maltreatment pursuant to this section, or against 
243.4 	a vulnerable adult with respect to whom a report is made, because of the report.
243.5 	(b) In addition to any remedies allowed under sections 181.931 to 181.935, any facility 
243.6 	or person which retaliates against any person because of a report of suspected maltreatment 
243.7 	is liable to that person for actual damages, punitive damages up to $10,000, and attorney 
243.8 	fees.
243.9 	(c) There shall be a rebuttable presumption that any adverse action, as defined below, 
243.10 	within 90 days of a report, is retaliatory. For purposes of this clause, the term "adverse 
243.11 	action" refers to action taken by a facility or person involved in a report against the person 
243.12 	making the report or the person with respect to whom the report was made because of the 
243.13 	report, and includes, but is not limited to:
243.14 	(1) discharge or transfer from the facility;
243.15 	(2) discharge from or termination of employment;
243.16 	(3) demotion or reduction in remuneration for services;
243.17 	(4) restriction or prohibition of access to the facility or its residents; or
243.18 	(5) any restriction of rights set forth in section 144.651, 144A.44, or 144A.441.

243.19 	Sec. 54. Minnesota Statutes 2016, section 626.5572, subdivision 6, is amended to read:
243.20 		Subd. 6.Facility. (a) "Facility" means:
243.21 	(1) a hospital or other entity required to be licensed under sections 144.50 to 144.58;
243.22 	(2) a nursing home required to be licensed to serve adults under section 144A.02;
243.23 	(3) a facility or service required to be licensed under chapter 245A;
243.24 	(4) a home care provider licensed or required to be licensed under sections 144A.43 to 
243.25 	144A.482;
243.26 	(5) a hospice provider licensed under sections 144A.75 to 144A.755;
243.27 	(6) a housing with services establishment registered under chapter 144D, including an 
243.28 	entity operating under chapter 144G, assisted living title protection; or
244.1 	(7) a person or organization that offers, provides, or arranges for personal care assistance 
244.2 	services under the medical assistance program as authorized under sections 256B.0625, 
244.3 	subdivision 19a, 256B.0651 to 256B.0654, 256B.0659, or 256B.85.
244.4 	(b) For personal care assistance services identified in paragraph (a), clause (7), that are 
244.5 	provided in the vulnerable adult's own home or in another unlicensed location other than 
244.6 	an unlicensed setting listed in paragraph (a), the term "facility" refers to the provider, person, 
244.7 	or organization that offers, provides, or arranges for personal care assistance services, and 
244.8 	does not refer to the vulnerable adult's home or other location at which services are rendered.

244.9 	Sec. 55. REPORT; SAFETY AND QUALITY IMPROVEMENT PRACTICES.
 244.10 	By January 15, 2019, the safety and quality improvement technical panel established 
244.11 	under Minnesota Statutes, section 144A.53, subdivision 5, shall provide recommendations 
244.12 	to the legislature on legislative changes needed to promote safety and quality improvement 
244.13 	practices in long-term care settings and with long-term care providers. The recommendations 
244.14 	must address:
244.15 	(1) how to implement a system for adverse health events reporting, learning, and 
244.16 	prevention in long-term care settings and with long-term care providers; and
244.17 	(2) interim actions to improve systems for the timely analysis of reports and complaints 
244.18 	submitted to the Office of Health Facility Complaints to identify common themes and key 
244.19 	prevention opportunities, and to disseminate key findings to providers across the state for 
244.20 	the purposes of shared learning and prevention.

244.21 	Sec. 56. REPORTS; OFFICE OF HEALTH FACILITY COMPLAINTS' RESPONSE 
244.22 	TO VULNERABLE ADULT MALTREATMENT ALLEGATIONS.
 244.23 	(a) On a quarterly basis until January 2021, and annually thereafter, the commissioner 
244.24 	of health must publish on the Department of Health Web site, a report on the Office of 
244.25 	Health Facility Complaints' response to allegations of maltreatment of vulnerable adults. 
244.26 	The report must include:
244.27 	(1) a description and assessment of the office's efforts to improve its internal processes 
244.28 	and compliance with federal and state requirements concerning allegations of maltreatment 
244.29 	of vulnerable adults, including any relevant timelines;
244.30 	(2)(i) the number of reports received by type of reporter; (ii) the number of reports 
244.31 	investigated; (iii) the percentage and number of reported cases awaiting triage; (iv) the 
244.32 	number and percentage of open investigations; (v) the number and percentage of reports 
245.1 	that have failed to meet state or federal timelines for triaging, investigating, or making a 
245.2 	final disposition of an investigation by cause of delay; and (vi) processes the office will 
245.3 	implement to bring the office into compliance with state and federal timelines for triaging, 
245.4 	investigating, and making final dispositions of investigations;
245.5 	(3) a trend analysis of internal audits conducted by the office; and
245.6 	(4) trends and patterns in maltreatment of vulnerable adults, licensing violations by 
245.7 	facilities or providers serving vulnerable adults, and other metrics as determined by the 
245.8 	commissioner.
245.9 	(b) The commissioner shall maintain on the Department of Health Web site reports 
245.10 	published under this section for at least the past three years.

245.11 	Sec. 57. ASSISTED LIVING AND DEMENTIA CARE LICENSING WORKING 
245.12 	GROUP.
 245.13 		Subdivision 1.Establishment; membership. (a) An assisted living and dementia care 
245.14 	licensing working group is established.
245.15 	(b) The commissioner of health shall appoint the following members of the working 
245.16 	group:
245.17 	(1) four providers from the senior housing with services profession, two providing 
245.18 	services in the seven-county metropolitan area and two providing services outside the 
245.19 	seven-county metropolitan area. The providers appointed must include providers from 
245.20 	establishments of different sizes;
245.21 	(2) two persons who reside in senior housing with services establishments, or family 
245.22 	members of persons who reside in senior housing with services establishments. One resident 
245.23 	or family member must reside in the seven-county metropolitan area and one resident or 
245.24 	family member must reside outside the seven-county metropolitan area;
245.25 	(3) one representative from the Home Care and Assisted Living Program Advisory 
245.26 	Council;
245.27 	(4) one representative of a health plan company;
245.28 	(5) one representative from Care Providers of Minnesota;
245.29 	(6) one representative from LeadingAge Minnesota;
245.30 	(7) one representative from the Alzheimer's Association;
246.1 	(8) one representative from the Metropolitan Area Agency on Aging and one 
246.2 	representative from an area agency on aging other than the Metropolitan Area Agency on 
246.3 	Aging;
246.4 	(9) one representative from the Minnesota Rural Health Association;
246.5 	(10) one federal compliance official; and
246.6 	(11) one representative from the Minnesota Home Care Association.
246.7 	(c) The following individuals shall also be members of the working group:
246.8 	(1) two members of the house of representatives, one appointed by the speaker of the 
246.9 	house and one appointed by the minority leader;
246.10 	(2) two members of the senate, one appointed by the majority leader and one appointed 
246.11 	by the minority leader;
246.12 	(3) one member of the Minnesota Council on Disability or a designee, appointed by the 
246.13 	council;
246.14 	(4) one member of the Commission of Deaf, Deafblind and Hard of Hearing Minnesotans 
246.15 	or a designee, appointed by the commission;
246.16 	(5) the commissioner of health or a designee;
246.17 	(6) the commissioner of human services or a designee;
246.18 	(7) the ombudsman for long-term care or a designee; and
246.19 	(8) one member of the Minnesota Board of Aging, appointed by the board.
246.20 	(d) The appointing authorities under this subdivision must complete the appointments 
246.21 	no later than July 1, 2018.
246.22 		Subd. 2.Duties; recommendations. (a) The assisted living and dementia care licensing 
246.23 	working group shall consider and make recommendations on a new regulatory framework 
246.24 	for assisted living and dementia care. In developing the licensing framework, the working 
246.25 	group must address at least the following:
246.26 	(1) the appropriate level of regulation, including licensure, registration, or certification;
246.27 	(2) coordination of care;
246.28 	(3) the scope of care to be provided and limits on acuity levels of residents;
246.29 	(4) consumer rights;
246.30 	(5) building design and physical environment;
247.1 	(6) dietary services;
247.2 	(7) support services;
247.3 	(8) transition planning;
247.4 	(9) the installation and use of electronic monitoring in settings in which assisted living 
247.5 	or dementia care services are provided;
247.6 	(10) staff training and qualifications;
247.7 	(11) options for the engagement of seniors and their families;
247.8 	(12) notices and financial requirements; and
247.9 	(13) compliance with federal Medicaid waiver requirements for home and 
247.10 	community-based services settings.
247.11 	(b) Facilities and providers licensed by the commissioner of human services shall be 
247.12 	exempt from licensing requirements for assisted living recommended under this section.
247.13 		Subd. 3.Meetings. The commissioner of health or a designee shall convene the first 
247.14 	meeting of the working group no later than August 1, 2018. The members of the working 
247.15 	group shall elect a chair from among the group's members at the first meeting, and the 
247.16 	commissioner of health or a designee shall serve as the working group's chair until a chair 
247.17 	is elected. Meetings of the working group shall be open to the public.
247.18 		Subd. 4.Compensation. Members of the working group appointed under subdivision 
247.19 	1, paragraph (b), shall serve without compensation or reimbursement for expenses.
247.20 		Subd. 5.Administrative support. The commissioner of health shall provide 
247.21 	administrative support for the working group and arrange meeting space.
247.22 		Subd. 6.Report. By January 15, 2019, the working group must submit a report with 
247.23 	findings, recommendations, and draft legislation to the chairs and ranking minority members 
247.24 	of the legislative committees with jurisdiction over health and human services policy and 
247.25 	finance.
247.26 		Subd. 7.Expiration. The working group expires January 16, 2019, or the day after the 
247.27 	working group submits the report required under subdivision 6, whichever is earlier.

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

248.1 	Sec. 58. DEMENTIA CARE CERTIFICATION WORKING GROUP.
 248.2 		Subdivision 1.Establishment; membership. (a) A dementia care certification working 
248.3 	group is established.
248.4 	(b) The commissioner of health shall appoint the following members of the working 
248.5 	group:
248.6 	(1) two caregivers of persons who have been diagnosed with Alzheimer's disease or 
248.7 	other dementia, one caregiver residing in the seven-county metropolitan area and one 
248.8 	caregiver residing outside the seven-county metropolitan area;
248.9 	(2) two providers from the senior housing with services profession, one providing services 
248.10 	in the seven-county metropolitan area and one providing services outside the seven-county 
248.11 	metropolitan area;
248.12 	(3) two geriatricians, one of whom serves a diverse or underserved community;
248.13 	(4) one psychologist who specializes in dementia care;
248.14 	(5) one representative of the Alzheimer's Association;
248.15 	(6) one representative from Care Providers of Minnesota;
248.16 	(7) one representative from LeadingAge Minnesota; and
248.17 	(8) one representative from the Minnesota Home Care Association.
248.18 	(c) The following individuals shall also be members of the working group:
248.19 	(1) two members of the house of representatives, one appointed by the speaker of the 
248.20 	house and one appointed by the minority leader;
248.21 	(2) two members of the senate, one appointed by the majority leader and one appointed 
248.22 	by the minority leader;
248.23 	(3) the commissioner of health or a designee;
248.24 	(4) the commissioner of human services or a designee;
248.25 	(5) the ombudsman for long-term care or a designee;
248.26 	(6) one member of the Minnesota Board on Aging, appointed by the board; and
248.27 	(7) the executive director of the Minnesota Board on Aging, who shall serve as a 
248.28 	nonvoting member of the working group.
248.29 	(d) The appointing authorities under this subdivision must complete their appointments 
248.30 	no later than July 1, 2018.
249.1 		Subd. 2.Duties; recommendations. The dementia care certification working group 
249.2 	shall consider and make recommendations regarding the certification of providers offering 
249.3 	dementia care services to clients diagnosed with Alzheimer's disease or other dementias. 
249.4 	The working group must:
249.5 	(1) develop standards in the following areas that nursing homes, boarding care homes, 
249.6 	and housing with services establishments offering care for clients diagnosed with Alzheimer's 
249.7 	disease or other dementias must meet in order to obtain dementia care certification, including 
249.8 	staffing, egress control, access to secured outdoor spaces, specialized therapeutic activities, 
249.9 	and specialized life enrichment programming;
249.10 	(2) develop requirements for disclosing dementia care certification standards to 
249.11 	consumers; and
249.12 	(3) develop mechanisms for enforcing dementia care certification standards.
249.13 		Subd. 3.Meetings. The commissioner of health or a designee shall convene the first 
249.14 	meeting of the working group no later than August 1, 2018. The members of the working 
249.15 	group shall elect a chair from among the group's members at the first meeting, and the 
249.16 	commissioner of health or a designee shall serve as the working group's chair until a chair 
249.17 	is elected. Meetings of the working group shall be open to the public.
249.18 		Subd. 4.Compensation. Members of the working group appointed under subdivision 
249.19 	1, paragraph (b), shall serve without compensation or reimbursement for expenses.
249.20 		Subd. 5.Administrative support. The commissioner of health shall provide 
249.21 	administrative support for the working group and arrange meeting space.
249.22 		Subd. 6.Report. By January 15, 2019, the working group must submit a report with 
249.23 	findings, recommendations, and draft legislation to the chairs and ranking minority members 
249.24 	of the legislative committees with jurisdiction over health and human services policy and 
249.25 	finance.
249.26 		Subd. 7.Expiration. The working group expires January 16, 2019, or the day after the 
249.27 	working group submits the report required under subdivision 6, whichever is earlier.

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

249.29 	Sec. 59. ASSISTED LIVING REPORT CARD WORKING GROUP.
 249.30 		Subdivision 1.Establishment; membership. (a) An assisted living report card working 
249.31 	group, tasked with researching and making recommendations on the development of an 
249.32 	assisted living report card, is established.
250.1 	(b) The commissioner of human services shall appoint the following members of the 
250.2 	working group:
250.3 	(1) two persons who reside in senior housing with services establishments, one residing 
250.4 	in an establishment in the seven-county metropolitan area and one residing in an 
250.5 	establishment outside the seven-county metropolitan area;
250.6 	(2) four representatives of the senior housing with services profession, two providing 
250.7 	services in the seven-county metropolitan area and two providing services outside the 
250.8 	seven-county metropolitan area;
250.9 	(3) one family member of a person who resides in a senior housing with services 
250.10 	establishment in the seven-county metropolitan area, and one family member of a person 
250.11 	who resides in a senior housing with services establishment outside the seven-county 
250.12 	metropolitan area;
250.13 	(4) a representative from the Home Care and Assisted Living Program Advisory Council;
250.14 	(5) a representative from the University of Minnesota with expertise in data and analytics;
250.15 	(6) a representative from Care Providers of Minnesota; and
250.16 	(7) a representative from LeadingAge Minnesota.
250.17 	(c) The following individuals shall also be appointed to the working group:
250.18 	(1) the commissioner of human services or a designee;
250.19 	(2) the commissioner of health or a designee;
250.20 	(3) the ombudsman for long-term care or a designee;
250.21 	(4) one member of the Minnesota Board on Aging, appointed by the board; and
250.22 	(5) the executive director of the Minnesota Board on Aging who shall serve on the 
250.23 	working group as a nonvoting member.
250.24 	(d) The appointing authorities under this subdivision must complete the appointments 
250.25 	no later than July 1, 2018.
250.26 		Subd. 2.Duties. The assisted living report card working group shall consider and make 
250.27 	recommendations on the development of an assisted living report card. The quality metrics 
250.28 	considered shall include, but are not limited to:
250.29 	(1) an annual customer satisfaction survey measure using the CoreQ questions for 
250.30 	assisted-living residents and family members;
251.1 	(2) a measure utilizing level 3 or 4 citations from Department of Health home care survey 
251.2 	findings and substantiated Office of Health Facility Complaints findings against a home 
251.3 	care provider;
251.4 	(3) a home care staff retention measure; and
251.5 	(4) a measure that scores a provider's staff according to their level of training and 
251.6 	education.
251.7 		Subd. 3.Meetings. The commissioner of human services or a designee shall convene 
251.8 	the first meeting of the working group no later than August 1, 2018. The members of the 
251.9 	working group shall elect a chair from among the group's members at the first meeting, and 
251.10 	the commissioner of human services or a designee shall serve as the working group's chair 
251.11 	until a chair is elected. Meetings of the working group shall be open to the public.
251.12 		Subd. 4.Compensation. Members of the working group shall serve without compensation 
251.13 	or reimbursement for expenses.
251.14 		Subd. 5.Administrative support. The commissioner of human services shall provide 
251.15 	administrative support and arrange meeting space for the working group.
251.16 		Subd. 6.Report. By January 15, 2019, the working group must submit a report with 
251.17 	findings, recommendations, and draft legislation to the chairs and ranking minority members 
251.18 	of the legislative committees with jurisdiction over health and human services policy and 
251.19 	finance.
251.20 		Subd. 7.Expiration. The working group expires January 16, 2019, or the day after the 
251.21 	working group submits the report required in subdivision 6, whichever is later.

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

251.23 	Sec. 60. DIRECTION TO COMMISSIONER OF HEALTH; PROGRESS IN 
251.24 	IMPLEMENTING RECOMMENDATIONS OF LEGISLATIVE AUDITOR.
 251.25 	By March 1, 2019, the commissioner of health must submit a report to the chairs and 
251.26 	ranking minority members of the legislative committees with jurisdiction over health, human 
251.27 	services, or aging on the progress toward implementing each recommendation of the Office 
251.28 	of the Legislative Auditor with which the commissioner agreed in the commissioner's letter 
251.29 	to the legislative auditor dated March 1, 2018. The commissioner shall include in the report 
251.30 	existing data collected in the course of the commissioner's continuing oversight of the Office 
251.31 	of Health Facility Complaints sufficient to demonstrate the implementation of the 
251.32 	recommendations with which the commissioner agreed.

252.1 	Sec. 61. DIRECTION TO COMMISSIONER OF HEALTH; PROVIDER 
252.2 	EDUCATION.
 252.3 	(a) The commissioner of health shall develop decision-making tools, including decision 
252.4 	trees, regarding provider self-reported maltreatment allegations, and shall share these tools 
252.5 	with providers. As soon as practicable, the commissioner shall update the decision-making 
252.6 	tools as necessary, including whenever federal or state requirements change, and shall inform 
252.7 	providers when the updated tools are available. The commissioner shall develop 
252.8 	decision-making tools that clarify and encourage reporting whether the provider is licensed 
252.9 	or registered under federal or state law, while also educating providers on any distinctions 
252.10 	in reporting under federal versus state law.
252.11 	(b) The commissioner of health shall conduct rigorous trend analyses of maltreatment 
252.12 	reports, triage decisions, investigation determinations, enforcement actions, and appeals to 
252.13 	identify trends and patterns in reporting of maltreatment, substantiated maltreatment, and 
252.14 	licensing violations and shall share these findings with providers and interested stakeholders.

252.15 	Sec. 62.  REPEALER.
 252.16 	Minnesota Statutes 2016, section 256.021, is repealed.

252.17 	
ARTICLE 7252.18 	CHILDREN AND FAMILIES

252.19 	Section 1. Minnesota Statutes 2016, section 119B.011, is amended by adding a subdivision 
252.20 	to read:
252.21 		Subd. 13b.Homeless. "Homeless" means a self-declared housing status as defined in 
252.22 	the McKinney-Vento Homeless Assistance Act and United States Code, title 42, section 
252.23 	11302, paragraph (a).

252.24 	Sec. 2. Minnesota Statutes 2017 Supplement, section 119B.011, subdivision 20, is amended 
252.25 	to read:
252.26 		Subd. 20.Transition year families. "Transition year families" means families who have 
252.27 	received MFIP assistance, or who were eligible to receive MFIP assistance after choosing 
252.28 	to discontinue receipt of the cash portion of MFIP assistance under section 256J.31, 
252.29 	subdivision 12, or families who have received DWP assistance under section 256J.95 for 
252.30 	at least three one of the last six months before losing eligibility for MFIP or DWP. 
252.31 	Notwithstanding Minnesota Rules, parts 3400.0040, subpart 10, and 3400.0090, subpart 2, 
253.1 	transition year child care may be used to support employment, approved education or training 
253.2 	programs, or job search that meets the requirements of section 119B.10. Transition year 
253.3 	child care is not available to families who have been disqualified from MFIP or DWP due 
253.4 	to fraud.

253.5 	Sec. 3. Minnesota Statutes 2016, section 119B.02, subdivision 7, is amended to read:
253.6 		Subd. 7.Child care market rate survey. Biennially, The commissioner shall survey 
253.7 	prices charged by child care providers in Minnesota every three years to determine the 75th 
253.8 	percentile for like-care arrangements in county price clusters.

253.9 	EFFECTIVE DATE. This section is effective retroactively from the market rate survey 
253.10 	conducted in calendar year 2016 and applies to any market rate survey conducted after the 
253.11 	2016 market rate survey.

253.12 	Sec. 4. Minnesota Statutes 2017 Supplement, section 119B.025, subdivision 1, is amended 
253.13 	to read:
253.14 		Subdivision 1.Applications. (a) Except as provided in paragraph (c), clause (4), the 
253.15 	county shall verify the following at all initial child care applications using the universal 
253.16 	application:
253.17 	(1) identity of adults;
253.18 	(2) presence of the minor child in the home, if questionable;
253.19 	(3) relationship of minor child to the parent, stepparent, legal guardian, eligible relative 
253.20 	caretaker, or the spouses of any of the foregoing;
253.21 	(4) age;
253.22 	(5) immigration status, if related to eligibility;
253.23 	(6) Social Security number, if given;
253.24 	(7) counted income;
253.25 	(8) spousal support and child support payments made to persons outside the household;
253.26 	(9) residence; and
253.27 	(10) inconsistent information, if related to eligibility.
253.28 	(b) The county must mail a notice of approval or denial of assistance to the applicant 
253.29 	within 30 calendar days after receiving the application. The county may extend the response 
253.30 	time by 15 calendar days if the applicant is informed of the extension.
254.1 	(c) For an applicant who declares that the applicant is homeless and who meets the 
254.2 	definition of homeless in section 119B.011, subdivision 13b, the county must:
254.3 	(1) if information is needed to determine eligibility, send a request for information to 
254.4 	the applicant within five working days after receiving the application;
254.5 	(2) if the applicant is eligible, send a notice of approval of assistance within five working 
254.6 	days after receiving the application;
254.7 	(3) if the applicant is ineligible, send a notice of denial of assistance within 30 days after 
254.8 	receiving the application. The county may extend the response time by 15 calendar days if 
254.9 	the applicant is informed of the extension;
254.10 	(4) not require verifications required by paragraph (a) before issuing the notice of approval 
254.11 	or denial; and
254.12 	(5) follow limits set by the commissioner for how frequently expedited application 
254.13 	processing may be used for an applicant who declares that the applicant is homeless.
254.14 	(d) An applicant who declares that the applicant is homeless must submit proof of 
254.15 	eligibility within three months of the date the application was received. If proof of eligibility 
254.16 	is not submitted within three months, eligibility ends. A 15-day adverse action notice is 
254.17 	required to end eligibility.

254.18 	Sec. 5. Minnesota Statutes 2016, section 119B.03, subdivision 9, is amended to read:
254.19 		Subd. 9.Portability pool. (a) The commissioner shall establish a pool of up to five 
254.20 	percent of the annual appropriation for the basic sliding fee program to provide continuous 
254.21 	child care assistance for eligible families who move between Minnesota counties. At the 
254.22 	end of each allocation period, any unspent funds in the portability pool must be used for 
254.23 	assistance under the basic sliding fee program. If expenditures from the portability pool 
254.24 	exceed the amount of money available, the reallocation pool must be reduced to cover these 
254.25 	shortages.
254.26 	(b) To be eligible for portable basic sliding fee assistance, A family that has moved from 
254.27 	a county in which it was receiving basic sliding fee assistance to a county with a waiting 
254.28 	list for the basic sliding fee program must:
254.29 	(1) meet the income and eligibility guidelines for the basic sliding fee program; and
254.30 	(2) notify the new county of residence within 60 days of moving and submit information 
254.31 	to the new county of residence to verify eligibility for the basic sliding fee program the 
254.32 	family's previous county of residence of the family's move to a new county of residence.
255.1 	(c) The receiving county must:
255.2 	(1) accept administrative responsibility for applicants for portable basic sliding fee 
255.3 	assistance at the end of the two months of assistance under the Unitary Residency Act;
255.4 	(2) continue portability pool basic sliding fee assistance for the lesser of six months or
255.5 	until the family is able to receive assistance under the county's regular basic sliding program; 
255.6 	and
255.7 	(3) notify the commissioner through the quarterly reporting process of any family that 
255.8 	meets the criteria of the portable basic sliding fee assistance pool.

255.9 	Sec. 6. Minnesota Statutes 2017 Supplement, section 119B.095, is amended by adding a 
255.10 	subdivision to read:
255.11 		Subd. 3.Assistance for persons who are experiencing homelessness. An applicant 
255.12 	who is homeless and eligible for child care assistance under this chapter is eligible for 60 
255.13 	hours of child care assistance per service period for three months from the date the county 
255.14 	receives the application. Additional hours may be authorized as needed based on the 
255.15 	applicant's participation in employment, education, or MFIP or DWP employment plan. To 
255.16 	continue receiving child care assistance after the initial three months, the parent must verify 
255.17 	that the parent meets eligibility and activity requirements for child care assistance under 
255.18 	this chapter.

255.19 	Sec. 7. Minnesota Statutes 2017 Supplement, section 119B.13, subdivision 1, is amended 
255.20 	to read:
255.21 		Subdivision 1.Subsidy restrictions. (a) Beginning February 3, 2014 July 1, 2019, the 
255.22 	maximum rate paid for child care assistance in any county or county price cluster under the 
255.23 	child care fund shall be the greater of the 25th percentile of the 2011 2016 child care provider 
255.24 	rate survey under section 119B.02, subdivision 7, or the maximum rate effective November 
255.25 	28, 2011. rates in effect at the time of the update. For a child care provider located within 
255.26 	the boundaries of a city located in two or more of the counties of Benton, Sherburne, and 
255.27 	Stearns, the maximum rate paid for child care assistance shall be equal to the maximum 
255.28 	rate paid in the county with the highest maximum reimbursement rates or the provider's 
255.29 	charge, whichever is less. The commissioner may: (1) assign a county with no reported 
255.30 	provider prices to a similar price cluster; and (2) consider county level access when 
255.31 	determining final price clusters.
256.1 	(b) A rate which includes a special needs rate paid under subdivision 3 may be in excess 
256.2 	of the maximum rate allowed under this subdivision.
256.3 	(c) The department shall monitor the effect of this paragraph on provider rates. The 
256.4 	county shall pay the provider's full charges for every child in care up to the maximum 
256.5 	established. The commissioner shall determine the maximum rate for each type of care on 
256.6 	an hourly, full-day, and weekly basis, including special needs and disability care.
256.7 	(d) If a child uses one provider, the maximum payment for one day of care must not 
256.8 	exceed the daily rate. The maximum payment for one week of care must not exceed the 
256.9 	weekly rate.
256.10 	(e) If a child uses two providers under section 119B.097, the maximum payment must 
256.11 	not exceed:
256.12 	(1) the daily rate for one day of care;
256.13 	(2) the weekly rate for one week of care by the child's primary provider; and
256.14 	(3) two daily rates during two weeks of care by a child's secondary provider.
256.15 	(f) Child care providers receiving reimbursement under this chapter must not be paid 
256.16 	activity fees or an additional amount above the maximum rates for care provided during 
256.17 	nonstandard hours for families receiving assistance.
256.18 	(g) If the provider charge is greater than the maximum provider rate allowed, the parent 
256.19 	is responsible for payment of the difference in the rates in addition to any family co-payment 
256.20 	fee.
256.21 	(h) All maximum provider rates changes shall be implemented on the Monday following 
256.22 	the effective date of the maximum provider rate.
256.23 	(i) Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum registration 
256.24 	fees in effect on January 1, 2013, shall remain in effect.
256.25 	(j) For calendar year 2019, notwithstanding section 119B.03, subdivisions 6, 6a, and 
256.26 	6b, the commissioner must allocate the additional basic sliding fee child care funds for 
256.27 	calendar year 2019 due to the updated provider rate survey under paragraph (a) to counties 
256.28 	based on relative need to cover the maximum rate increases. In distributing the additional 
256.29 	funds, the commissioner shall consider the following factors by county:
256.30 	(1) expenditures;
256.31 	(2) provider type;
257.1 	(3) age of children; and
257.2 	(4) amount of the increase in maximum rates.

257.3 	Sec. 8. Minnesota Statutes 2017 Supplement, section 245A.06, subdivision 8, is amended 
257.4 	to read:
257.5 		Subd. 8.Requirement to post correction order conditional license. (a) For licensed 
257.6 	family child care providers and child care centers, upon receipt of any correction order or
257.7 	order of conditional license issued by the commissioner under this section, and 
257.8 	notwithstanding a pending request for reconsideration of the correction order or order of 
257.9 	conditional license by the license holder, the license holder shall post the correction order 
257.10 	or order of conditional license in a place that is conspicuous to the people receiving services 
257.11 	and all visitors to the facility for two years. When the correction order or order of conditional 
257.12 	license is accompanied by a maltreatment investigation memorandum prepared under section 
257.13 	626.556 or 626.557, the investigation memoranda must be posted with the correction order 
257.14 	or order of conditional license.
257.15 	(b) If the commissioner reverses or rescinds a violation in a correction order upon 
257.16 	reconsideration under subdivision 2, the commissioner shall issue an amended correction 
257.17 	order and the license holder shall post the amended order according to paragraph (a).
257.18 	(c) If the correction order is rescinded or reversed in full upon reconsideration under 
257.19 	subdivision 2, the license holder shall remove the original correction order posted according 
257.20 	to paragraph (a).

257.21 	Sec. 9. Minnesota Statutes 2017 Supplement, section 245A.41, subdivision 3, is amended 
257.22 	to read:
257.23 		Subd. 3.Emergency preparedness. (a) No later than September 30, 2017, a licensed 
257.24 	child care center must have a written emergency plan for emergencies that require evacuation, 
257.25 	sheltering, or other protection of a child, such as fire, natural disaster, intruder, or other 
257.26 	threatening situation that may pose a health or safety hazard to a child. The plan must be 
257.27 	written on a form developed by the commissioner and must include:
257.28 	(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
257.29 	(2) a designated relocation site and evacuation route;
257.30 	(3) procedures for notifying a child's parent or legal guardian of the evacuation, relocation, 
257.31 	shelter-in-place, or lockdown, including procedures for reunification with families;
258.1 	(4) accommodations for a child with a disability or a chronic medical condition;
258.2 	(5) procedures for storing a child's medically necessary medicine that facilitates easy 
258.3 	removal during an evacuation or relocation;
258.4 	(6) procedures for continuing operations in the period during and after a crisis; and
258.5 	(7) procedures for communicating with local emergency management officials, law 
258.6 	enforcement officials, or other appropriate state or local authorities.
258.7 	(b) The license holder must train staff persons on the emergency plan at orientation, 
258.8 	when changes are made to the plan, and at least once each calendar year. Training must be 
258.9 	documented in each staff person's personnel file.
258.10 	(c) The license holder must conduct drills according to the requirements in Minnesota 
258.11 	Rules, part 9503.0110, subpart 3. The date and time of the drills must be documented.
258.12 	(d) The license holder must review and update the emergency plan annually. 
258.13 	Documentation of the annual emergency plan review shall be maintained in the program's 
258.14 	administrative records.
258.15 	(e) The license holder must include the emergency plan in the program's policies and 
258.16 	procedures as specified under section 245A.04, subdivision 14. The license holder must 
258.17 	provide a physical or electronic copy of the emergency plan to the child's parent or legal 
258.18 	guardian upon enrollment.
258.19 	(f) The relocation site and evacuation route must be posted in a visible place as part of 
258.20 	the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140, 
258.21 	subpart 21.
258.22 	(g) A licensed child care center must have an additional written emergency plan for an 
258.23 	intruder emergency that requires evacuation, sheltering, or other protection of a child. The 
258.24 	plan must include the information required under paragraph (a), and the license holder must 
258.25 	comply with the requirements of paragraphs (b), (c), and (d). The license holder must provide 
258.26 	a physical or electronic notification to the child's parent or legal guardian upon enrollment 
258.27 	that a written intruder emergency preparedness plan is in place, but must not include the 
258.28 	written plan in the program's policies and procedures or post the written plan, relocation 
258.29 	site, or evacuation route in a visible place. The license holder may have the intruder 
258.30 	emergency preparedness plan available for review by law enforcement and the licensing 
258.31 	agency, but the licensing agency must not retain a copy or record of the plan.

259.1 	Sec. 10. Minnesota Statutes 2017 Supplement, section 245A.50, subdivision 7, is amended 
259.2 	to read:
259.3 		Subd. 7.Training requirements for family and group family child care. (a) For 
259.4 	purposes of family and group family child care, the license holder and each primary caregiver 
259.5 	must complete 16 hours of ongoing training each year. For purposes of this subdivision, a 
259.6 	primary caregiver is an adult caregiver who provides services in the licensed setting for 
259.7 	more than 30 days in any 12-month period. Repeat of topical training requirements in 
259.8 	subdivisions 2 to 89 shall count toward the annual 16-hour training requirement. Additional 
259.9 	ongoing training subjects to meet the annual 16-hour training requirement must be selected 
259.10 	from the following areas:
259.11 	(1) child development and learning training under subdivision 2, paragraph (a);
259.12 	(2) developmentally appropriate learning experiences, including training in creating 
259.13 	positive learning experiences, promoting cognitive development, promoting social and 
259.14 	emotional development, promoting physical development, promoting creative development; 
259.15 	and behavior guidance;
259.16 	(3) relationships with families, including training in building a positive, respectful 
259.17 	relationship with the child's family;
259.18 	(4) assessment, evaluation, and individualization, including training in observing, 
259.19 	recording, and assessing development; assessing and using information to plan; and assessing 
259.20 	and using information to enhance and maintain program quality;
259.21 	(5) historical and contemporary development of early childhood education, including 
259.22 	training in past and current practices in early childhood education and how current events 
259.23 	and issues affect children, families, and programs;
259.24 	(6) professionalism, including training in knowledge, skills, and abilities that promote 
259.25 	ongoing professional development; and
259.26 	(7) health, safety, and nutrition, including training in establishing healthy practices; 
259.27 	ensuring safety; and providing healthy nutrition.
259.28 	(b) A family or group family child care license holder or primary caregiver who is an 
259.29 	approved trainer through the Minnesota Center for Professional Development and who 
259.30 	conducts an approved training course through the Minnesota Center for Professional 
259.31 	Development in any of the topical training in subdivisions 2 to 9 shall receive training credit 
259.32 	for the training topic in the applicable annual period. Each hour of approved training 
259.33 	conducted shall count toward the annual 16-hour training requirement.

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

260.2 	Sec. 11. Minnesota Statutes 2017 Supplement, section 245A.51, subdivision 3, is amended 
260.3 	to read:
260.4 		Subd. 3.Emergency preparedness plan. (a) No later than September 30, 2017, a 
260.5 	licensed family child care provider must have a written emergency preparedness plan for 
260.6 	emergencies that require evacuation, sheltering, or other protection of children, such as fire, 
260.7 	natural disaster, intruder, or other threatening situation that may pose a health or safety 
260.8 	hazard to children. The plan must be written on a form developed by the commissioner and 
260.9 	updated at least annually. The plan must include:
260.10 	(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
260.11 	(2) a designated relocation site and evacuation route;
260.12 	(3) procedures for notifying a child's parent or legal guardian of the evacuation, 
260.13 	shelter-in-place, or lockdown, including procedures for reunification with families;
260.14 	(4) accommodations for a child with a disability or a chronic medical condition;
260.15 	(5) procedures for storing a child's medically necessary medicine that facilitate easy 
260.16 	removal during an evacuation or relocation;
260.17 	(6) procedures for continuing operations in the period during and after a crisis; and
260.18 	(7) procedures for communicating with local emergency management officials, law 
260.19 	enforcement officials, or other appropriate state or local authorities.
260.20 	(b) The license holder must train caregivers before the caregiver provides care and at 
260.21 	least annually on the emergency preparedness plan and document completion of this training.
260.22 	(c) The license holder must conduct drills according to the requirements in Minnesota 
260.23 	Rules, part 9502.0435, subpart 8. The date and time of the drills must be documented.
260.24 	(d) The license holder must have the emergency preparedness plan available for review 
260.25 	and posted in a prominent location. The license holder must provide a physical or electronic 
260.26 	copy of the plan to the child's parent or legal guardian upon enrollment.
260.27 	(e) A licensed family child care provider must have an additional written emergency 
260.28 	plan for an intruder emergency that requires evacuation, sheltering, or other protection of 
260.29 	a child. The plan must include the information required under paragraph (a), and the license 
260.30 	holder must comply with the requirements of paragraphs (b) and (c). The license holder 
260.31 	must provide a physical or electronic notification to the child's parent or legal guardian upon 
261.1 	enrollment that a written intruder emergency preparedness plan is in place, but must not 
261.2 	post the written plan in a prominent location or have the written plan available for review 
261.3 	by any person who is not an employee, caregiver, helper, substitute, or individual affiliated 
261.4 	with law enforcement. The license holder may have the intruder emergency preparedness 
261.5 	plan available for review by law enforcement and county licensing staff, but county licensing 
261.6 	staff must not retain a copy or record of the plan.

261.7 	Sec. 12. Minnesota Statutes 2016, section 256K.45, subdivision 2, is amended to read:
261.8 		Subd. 2.Homeless youth report. The commissioner shall prepare a biennial report, 
261.9 	beginning in February 2015, which provides meaningful information to the legislative 
261.10 	committees having jurisdiction over the issue of homeless youth, that includes, but is not 
261.11 	limited to: (1) a list of the areas of the state with the greatest need for services and housing 
261.12 	for homeless youth, and the level and nature of the needs identified; (2) details about grants 
261.13 	made; (3) the distribution of funds throughout the state based on population need; (4) 
261.14 	follow-up information, if available, on the status of homeless youth and whether they have 
261.15 	stable housing two years after services are provided; and (5) any other outcomes for 
261.16 	populations served to determine the effectiveness of the programs and use of funding. The 
261.17 	commissioner is exempt from preparing this report in 2019 and must instead update the 
261.18 	2007 report on homeless youth under section 18.

261.19 	Sec. 13. [256K.46] STABLE HOUSING AND SUPPORT SERVICES FOR 
261.20 	VULNERABLE YOUTH.
261.21 		Subdivision 1.Definitions. For purposes of this section, the following terms have the 
261.22 	meanings given them:
261.23 	(a) "Eligible applicant" means a program licensed by the commissioner of human services 
261.24 	to provide transitional housing and support services to youth. An eligible applicant must 
261.25 	have staff on site 24 hours per day and must have established confidentiality protocols as 
261.26 	required by state and federal law.
261.27 	(b) "Living essentials" means clothing, toiletries, transportation, interpreters, other 
261.28 	supplies, and services necessary for daily living.
261.29 	(c) "Support services" has the meaning given in section 256E.33, subdivision 1, paragraph 
261.30 	(b), and includes crisis intervention, conflict mediation, family reunification services, 
261.31 	educational services, and employment resources.
261.32 	(d) "Transitional housing" means secure shelter and housing that:
262.1 	(1) is provided at low or no cost;
262.2 	(2) is designed to assist people transitioning from homelessness, family or relationship 
262.3 	violence, or sexual exploitation, to living independently in the community; and
262.4 	(3) provides residents with regular staff interaction, supervision plans, and living skills 
262.5 	training and assistance.
262.6 	(e) "Vulnerable youth" means youth 13 years of age through 17 years of age who have 
262.7 	reported histories of sexual exploitation or family or relationship violence. Vulnerable youth 
262.8 	includes youth who are homeless and youth who are parents and their children.
262.9 		Subd. 2.Grants authorized. The commissioner of human services may award grants 
262.10 	to eligible applicants to plan, establish, or operate programs to provide transitional housing 
262.11 	and support services to vulnerable youth. An applicant may apply for and the commissioner 
262.12 	may award grants for two-year periods, and the commissioner shall determine the number 
262.13 	of grants awarded. The commissioner may reallocate underspending among grantees within 
262.14 	the same grant period.
262.15 		Subd. 3.Program variance. For purposes of this grant program, the commissioner may 
262.16 	grant a program variance under chapter 245A allowing a program licensed to provide 
262.17 	transitional housing and support services to youth 16 years of age through 17 years of age 
262.18 	to serve youth 13 years of age through 17 years of age.
262.19 		Subd. 4.Allocation of grants. (a) An application must be on a form and contain 
262.20 	information as specified by the commissioner but at a minimum must contain:
262.21 	(1) a description of the purpose or project for which grant funds will be used;
262.22 	(2) a description of the specific problem the grant funds are intended to address;
262.23 	(3) a description of achievable objectives, a work plan, and a timeline for implementation 
262.24 	and completion of processes or projects enabled by the grant;
262.25 	(4) a description of the eligible applicant's existing frameworks and experience providing 
262.26 	transitional housing and support services to vulnerable youth; and
262.27 	(5) a proposed process for documenting and evaluating results of the grant.
262.28 	(b) Grant funds allocated under this section may be used for purposes that include, but 
262.29 	are not limited to, the following:
262.30 	(1) transitional housing, meals, and living essentials for vulnerable youth and their 
262.31 	children;
263.1 	(2) support services;
263.2 	(3) mental health and substance use disorder counseling;
263.3 	(4) staff training;
263.4 	(5) case management and referral services; and
263.5 	(6) aftercare and follow-up services, including ongoing adult and peer support.
263.6 	(c) The commissioner shall review each application to determine whether the application 
263.7 	is complete and whether the applicant and the project are eligible for a grant. In evaluating 
263.8 	applications, the commissioner shall establish criteria including, but not limited to:
263.9 	(1) the eligibility of the applicant or project;
263.10 	(2) the applicant's thoroughness and clarity in describing the problem grant funds are 
263.11 	intended to address;
263.12 	(3) a description of the population demographics and service area of the proposed project; 
263.13 	and
263.14 	(4) the proposed project's longevity and demonstrated financial sustainability after the 
263.15 	initial grant period.
263.16 	(d) In evaluating applications, the commissioner may request additional information 
263.17 	regarding a proposed project, including information on project cost. An applicant's failure 
263.18 	to provide the information requested disqualifies an applicant.
263.19 		Subd. 5.Awarding of grants. The commissioner must notify grantees of awards by 
263.20 	January 1, 2019.
263.21 		Subd. 6.Update. The commissioner shall consult with providers serving homeless youth, 
263.22 	sex-trafficked youth, or sexually exploited youth, including providers serving older youth 
263.23 	under the Safe Harbor Act and Homeless Youth Act to make recommendations that resolve 
263.24 	conflicting requirements placed on providers and foster best practices in delivering services 
263.25 	to these populations of older youth. The recommendations may include the development 
263.26 	of additional certifications not currently available under Minnesota Rules, chapter 2960. 
263.27 	The commissioner shall provide an update on the stakeholder work and recommendations 
263.28 	identified through this process to the chairs and ranking minority members of the legislative 
263.29 	committees with jurisdiction over health and human services finance and policy by January 
263.30 	15, 2019.

264.1 	Sec. 14. Minnesota Statutes 2016, section 256M.41, subdivision 3, is amended to read:
264.2 		Subd. 3.Payments based on performance. (a) The commissioner shall make payments 
264.3 	under this section to each county board on a calendar year basis in an amount determined 
264.4 	under paragraph (b).
264.5 	(b) Calendar year allocations under subdivision 1 shall be paid to counties in the following 
264.6 	manner:
264.7 	(1) 80 percent of the allocation as determined in subdivision 1 must be paid to counties 
264.8 	on or before July 10 of each year;
264.9 	(2) ten percent of the allocation shall be withheld until the commissioner determines if 
264.10 	the county has met the performance outcome threshold of 90 percent based on face-to-face 
264.11 	contact with alleged child victims. In order to receive the performance allocation, the county 
264.12 	child protection workers must have a timely face-to-face contact with at least 90 percent of 
264.13 	all alleged child victims of screened-in maltreatment reports. The standard requires that 
264.14 	each initial face-to-face contact occur consistent with timelines defined in section 626.556, 
264.15 	subdivision 10, paragraph (i). The commissioner shall make threshold determinations in 
264.16 	January of each year and payments to counties meeting the performance outcome threshold 
264.17 	shall occur in February of each year. Any withheld funds from this appropriation for counties 
264.18 	that do not meet this requirement shall be reallocated by the commissioner to those counties 
264.19 	meeting the requirement transferred to children and families operations for use under section 
264.20 	626.5591, subdivision 2, to support the Child Welfare Training Academy; and
264.21 	(3) ten percent of the allocation shall be withheld until the commissioner determines 
264.22 	that the county has met the performance outcome threshold of 90 percent based on 
264.23 	face-to-face visits by the case manager. In order to receive the performance allocation, the 
264.24 	total number of visits made by caseworkers on a monthly basis to children in foster care 
264.25 	and children receiving child protection services while residing in their home must be at least 
264.26 	90 percent of the total number of such visits that would occur if every child were visited 
264.27 	once per month. The commissioner shall make such determinations in January of each year 
264.28 	and payments to counties meeting the performance outcome threshold shall occur in February 
264.29 	of each year. Any withheld funds from this appropriation for counties that do not meet this 
264.30 	requirement shall be reallocated by the commissioner to those counties meeting the 
264.31 	requirement transferred to children and families operations for use under section 626.5591, 
264.32 	subdivision 2, to support the Child Welfare Training Academy. For 2015, the commissioner 
264.33 	shall only apply the standard for monthly foster care visits.
265.1 	(c) The commissioner shall work with stakeholders and the Human Services Performance 
265.2 	Council under section 402A.16 to develop recommendations for specific outcome measures 
265.3 	that counties should meet in order to receive funds withheld under paragraph (b), and include 
265.4 	in those recommendations a determination as to whether the performance measures under 
265.5 	paragraph (b) should be modified or phased out. The commissioner shall report the 
265.6 	recommendations to the legislative committees having jurisdiction over child protection 
265.7 	issues by January 1, 2018.

265.8 	Sec. 15. [260C.81] MINN-LINK STUDY.
265.9 	(a) The commissioner of human services shall partner with the University of Minnesota's 
265.10 	Minn-LInK statewide integrated administrative data project to conduct an annual study to 
265.11 	understand characteristics, experiences, and outcomes of children and families served by 
265.12 	the child welfare system. Minn-LInK researchers shall annually conduct research and provide 
265.13 	research briefs, reports, and consultation to the Child Welfare Training Academy to inform 
265.14 	the development and revision of training curriculum.
265.15 	(b) The commissioner shall report a summary of the research results to the governor and 
265.16 	to the committees in the house of representatives and senate with jurisdiction over human 
265.17 	services annually by December 15.

265.18 	Sec. 16. Minnesota Statutes 2016, section 518A.32, subdivision 3, is amended to read:
265.19 		Subd. 3.Parent not considered voluntarily unemployed, underemployed, or employed 
265.20 	on a less than full-time basis. A parent is not considered voluntarily unemployed, 
265.21 	underemployed, or employed on a less than full-time basis upon a showing by the parent 
265.22 	that:
265.23 	(1) the unemployment, underemployment, or employment on a less than full-time basis 
265.24 	is temporary and will ultimately lead to an increase in income;
265.25 	(2) the unemployment, underemployment, or employment on a less than full-time basis 
265.26 	represents a bona fide career change that outweighs the adverse effect of that parent's 
265.27 	diminished income on the child; or
265.28 	(3) the unemployment, underemployment, or employment on a less than full-time basis 
265.29 	is because a parent is physically or mentally incapacitated or due to incarceration, except 
265.30 	where the reason for incarceration is the parent's nonpayment of support.; or
265.31 	(4) the parent has been determined by an authorized government agency to be eligible 
265.32 	to receive general assistance or Supplemental Security Income payments. Any income, not 
266.1 	including public assistance payments, earned by the parent who is eligible for general 
266.2 	assistance or Supplemental Security Income payments may be considered for the purpose 
266.3 	of calculating child support.

266.4 	Sec. 17. Minnesota Statutes 2016, section 518A.685, is amended to read:
266.5 	518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.
266.6 	(a) If a public authority determines that an obligor has not paid the current monthly 
266.7 	support obligation plus any required arrearage payment for three months, the public authority 
266.8 	must report this information to a consumer reporting agency.
266.9 	(b) Before reporting that an obligor is in arrears for court-ordered child support, the 
266.10 	public authority must:
266.11 	(1) provide written notice to the obligor that the public authority intends to report the 
266.12 	arrears to a consumer reporting agency; and
266.13 	(2) mail the written notice to the obligor's last known mailing address at least 30 days 
266.14 	before the public authority reports the arrears to a consumer reporting agency.
266.15 	(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent 
266.16 	the public authority from reporting the arrears to a consumer reporting agency:
266.17 	(1) pay the arrears in full; or
266.18 	(2) request an administrative review. An administrative review is limited to issues of 
266.19 	mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.
266.20 	(d) If the public authority has reported that an obligor is in arrears for court-ordered 
266.21 	child support and subsequently determines that the obligor has paid the court-ordered child 
266.22 	support arrears in full, or is paying the current monthly support obligation plus any required 
266.23 	arrearage payment, the public authority must report to the consumer reporting agency that 
266.24 	the obligor is currently paying child support as ordered by the court.
266.25 	(e) (d) A public authority that reports arrearage information under this section must 
266.26 	make monthly reports to a consumer reporting agency. The monthly report must be consistent 
266.27 	with credit reporting industry standards for child support.
266.28 	(f) (e) For purposes of this section, "consumer reporting agency" has the meaning given 
266.29 	in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

267.1 	Sec. 18. 2018 REPORT TO LEGISLATURE ON HOMELESS YOUTH.
 267.2 		Subdivision 1.Report development. In lieu of the biennial homeless youth report under 
267.3 	Minnesota Statutes, section 256K.45, subdivision 2, the commissioner of human services 
267.4 	shall update the information in the 2007 legislative report on runaway and homeless youth. 
267.5 	In developing the updated report, the commissioner may use existing data, studies, and 
267.6 	analysis provided by state, county, and other entities including, but not limited to:
267.7 	(1) Minnesota Housing Finance Agency analysis on housing availability;
267.8 	(2) Minnesota state plan to end homelessness;
267.9 	(3) continuum of care counts of youth experiencing homelessness and assessments as 
267.10 	provided by Department of Housing and Urban Development (HUD)-required coordinated 
267.11 	entry systems;
267.12 	(4) data collected through the Department of Human Services Homeless Youth Act grant 
267.13 	program;
267.14 	(5) Wilder Research homeless study;
267.15 	(6) Voices of Youth Count sponsored by Hennepin County; and
267.16 	(7) privately funded analysis, including:
267.17 	(i) nine evidence-based principles to support youth in overcoming homelessness;
267.18 	(ii) return on investment analysis conducted for YouthLink by Foldes Consulting; and
267.19 	(iii) evaluation of Homeless Youth Act resources conducted by Rainbow Research.
267.20 		Subd. 2.Key elements; due date. (a) The report may include three key elements where 
267.21 	significant learning has occurred in the state since the 2007 report, including:
267.22 	(1) unique causes of youth homelessness;
267.23 	(2) targeted responses to youth homelessness, including significance of positive youth 
267.24 	development as fundamental to each targeted response; and
267.25 	(3) recommendations based on existing reports and analysis on what it will take to end 
267.26 	youth homelessness.
267.27 	(b) To the extent data is available, the report must include:
267.28 	(1) general accounting of the federal and philanthropic funds leveraged to support 
267.29 	homeless youth activities;
268.1 	(2) general accounting of the increase in volunteer responses to support youth 
268.2 	experiencing homelessness; and
268.3 	(3) data-driven accounting of geographic areas or distinct populations that have gaps in 
268.4 	service or are not yet served by homeless youth responses.
268.5 	(c) The commissioner of human services may consult with community-based providers 
268.6 	of homeless youth services and other expert stakeholders to complete the report. The 
268.7 	commissioner shall submit the report to the chairs and ranking minority members of the 
268.8 	legislative committees with jurisdiction over youth homelessness by February 15, 2019.

268.9 	Sec. 19. TASK FORCE ON CHILDHOOD TRAUMA-INFORMED POLICY AND 
268.10 	PRACTICES.
 268.11 		Subdivision 1.Establishment. The commissioner of human services must establish and 
268.12 	appoint a task force on trauma-informed policy and practices to prevent and reduce children's 
268.13 	exposure to adverse childhood experiences (ACEs) consisting of the following members:
268.14 	(1) the commissioners of human services, public safety, health, and education or the 
268.15 	commissioners' designees;
268.16 	(2) two members representing law enforcement with expertise in juvenile justice;
268.17 	(3) two members representing county social services agencies;
268.18 	(4) four members, one representing each of the three ethnic councils established under 
268.19 	Minnesota Statutes, section 15.0145, and one representing the Indian Affairs Council 
268.20 	established under Minnesota Statutes, section 3.922;
268.21 	(5) two members representing tribal social services providers;
268.22 	(6) two members with expertise in prekindergarten through grade 12 education;
268.23 	(7) three licensed health care professionals with expertise in the neurobiology of 
268.24 	childhood development representing public health, mental health, and primary health;
268.25 	(8) one member representing family service or children's mental health collaboratives;
268.26 	(9) two parents who had ACEs;
268.27 	(10) two ombudspersons from the Minnesota Office of Ombudsperson for Families; and
268.28 	(11) representatives of any other group the commissioner of human services deems 
268.29 	appropriate to complete the duties of the task force.
269.1 		Subd. 2.Staff. The commissioner of human services must provide meeting space, support 
269.2 	staff, and administrative services for the task force.
269.3 		Subd. 3.Duties. The task force must perform the following duties:
269.4 	(1) engage the human services, education, public health, juvenile justice, and criminal 
269.5 	justice systems in the creation of trauma-informed policy and practices in each of these 
269.6 	systems to prevent and reduce ACEs and to support the health and well-being of all families; 
269.7 	and
269.8 	(2) identify social determinants of the health and well-being of all families and 
269.9 	recommend solutions to eliminate racial and ethnic disparities in the state.
269.10 		Subd. 4.Report. The task force must submit a report on the results of its duties outlined 
269.11 	in subdivision 3 and any policy recommendations to the chairs and ranking minority members 
269.12 	of the legislative committees with jurisdiction over health and human services, public safety, 
269.13 	judiciary, and education by January 15, 2019.
269.14 		Subd. 5.Expiration. The task force expires upon submission of the report required 
269.15 	under subdivision 4.

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

269.17 	Sec. 20. CHILD WELFARE TRAINING ACADEMY.
 269.18 		Subdivision 1.Modifications. (a) The commissioner of human services shall modify 
269.19 	the Child Welfare Training System developed pursuant to Minnesota Statutes, section 
269.20 	626.5591, subdivision 2, as provided in this section. The new training framework shall be 
269.21 	known as the Child Welfare Training Academy.
269.22 	(b) The Child Welfare Training Academy shall be administered through five regional 
269.23 	hubs in northwest, northeast, southwest, southeast, and central Minnesota. Each hub shall 
269.24 	deliver training targeted to the needs of its particular region, taking into account varying 
269.25 	demographics, resources, and practice outcomes.
269.26 	(c) The Child Welfare Training Academy shall use training methods best suited to the 
269.27 	training content. National best practices in adult learning must be used to the greatest extent 
269.28 	possible, including online learning methodologies, coaching, mentoring, and simulated skill 
269.29 	application.
269.30 	(d) Each child welfare worker and supervisor shall be required to complete a certification, 
269.31 	including a competency-based knowledge test and a skills demonstration, at the completion 
270.1 	of the worker's initial training and biennially thereafter. The commissioner shall develop 
270.2 	ongoing training requirements and a method for tracking certifications.
270.3 	(e) Each regional hub shall have a regional organizational effectiveness specialist trained 
270.4 	in continuous quality improvement strategies. The specialist shall provide organizational 
270.5 	change assistance to counties and tribes, with priority given to efforts intended to impact 
270.6 	child safety.
270.7 	(f) The Child Welfare Training Academy shall include training and resources that address 
270.8 	worker well-being and secondary traumatic stress.
270.9 	(g) The Child Welfare Training Academy shall serve the primary training audiences of 
270.10 	(1) county and tribal child welfare workers, (2) county and tribal child welfare supervisors, 
270.11 	and (3) staff at private agencies providing out-of-home placement services for children 
270.12 	involved in Minnesota's county and tribal child welfare system.
270.13 		Subd. 2.Partners. (a) The commissioner of human services shall enter into a partnership 
270.14 	with the University of Minnesota to collaborate in the administration of workforce training.
270.15 	(b) The commissioner of human services shall enter into a partnership with one or more 
270.16 	agencies to provide consultation, subject matter expertise, and capacity building in 
270.17 	organizational resilience and child welfare workforce well-being.

270.18 	Sec. 21. CHILD WELFARE CASELOAD STUDY.
 270.19 	(a) The commissioner of human services shall conduct a child welfare caseload study 
270.20 	to collect data on (1) the number of child welfare workers in Minnesota, and (2) the amount 
270.21 	of time that child welfare workers spend on different components of child welfare work. 
270.22 	The study must be completed by July 1, 2019.
270.23 	(b) The commissioner shall report the results of the child welfare caseload study to the 
270.24 	governor and to the committees in the house of representatives and senate with jurisdiction 
270.25 	over human services by December 1, 2019.
270.26 	(c) After the child welfare caseload study is complete, the commissioner shall work with 
270.27 	counties and other stakeholders to develop a process for ongoing monitoring of child welfare 
270.28 	workers' caseloads.

270.29 	Sec. 22. RULEMAKING.
 270.30 	The commissioner of human services may adopt rules as necessary to establish the Child 
270.31 	Welfare Training Academy.

271.1 	Sec. 23. REVISOR'S INSTRUCTION.
 271.2 	The revisor of statutes, in consultation with the Department of Human Services, House 
271.3 	Research Department, and Senate Counsel, Research and Fiscal Analysis shall change the 
271.4 	terms "food support" and "food stamps" to "Supplemental Nutrition Assistance Program" 
271.5 	or "SNAP" in Minnesota Statutes and Minnesota Rules when appropriate. The revisor may 
271.6 	make technical and other necessary changes to sentence structure to preserve the meaning 
271.7 	of the text.

271.8 	Sec. 24. EFFECTIVE DATE.
 271.9 	(a) Sections 1, 2, and 4 to 7 are effective as soon as practicable contingent upon:
271.10 	(1) receipt of additional federal child care and development funds above the amount 
271.11 	received in federal fiscal year 2017 appropriated in the federal Consolidated Appropriations 
271.12 	Act of 2018, Public Law 115-141, and any subsequent federal appropriations, in an amount 
271.13 	sufficient to cover the cost associated with the amendments to those sections through June 
271.14 	30, 2021; and
271.15 	(2) satisfactory completion of the requirements in Minnesota Statutes, section 3.3005.
271.16 	(b) If the additional federal child care and development funds are not sufficient to cover 
271.17 	the cost of the amendments to sections 1, 2, and 4 to 7, those sections are effective upon 
271.18 	implementation by the commissioner of human services.
271.19 	The commissioner of human services shall prioritize implementation of those sections as 
271.20 	follows:
271.21 	(1) first priority is implementation of the amendments to Minnesota Statutes, sections 
271.22 	119B.011, subdivision 13b; 119B.025, subdivision 1; and 119B.095, subdivision 3;
271.23 	(2) second priority is implementation of the amendments to Minnesota Statutes, section 
271.24 	119B.011, subdivision 20;
271.25 	(3) third priority is implementation of the amendments to Minnesota Statutes, section 
271.26 	119B.03, subdivision 9; and
271.27 	(4) fourth priority is implementation of the amendments to Minnesota Statutes, section 
271.28 	119B.13, subdivision 1.
271.29 	(c) The commissioner of human services shall determine if the additional child care and 
271.30 	development funds are sufficient by June 30, 2018, and notify the revisor of statutes when 
271.31 	sections 1, 2, and 4 to 7 are effective.

272.1 	
ARTICLE 8272.2 	HEALTH LICENSING BOARDS

272.3 	Section 1. Minnesota Statutes 2016, section 13.83, subdivision 2, is amended to read:
272.4 		Subd. 2.Public data. Unless specifically classified otherwise by state statute or federal 
272.5 	law, the following data created or collected by a medical examiner or coroner on a deceased 
272.6 	individual are public: name of the deceased; date of birth; date of death; address; sex; race; 
272.7 	citizenship; height; weight; hair color; eye color; build; complexion; age, if known, or 
272.8 	approximate age; identifying marks, scars and amputations; a description of the decedent's 
272.9 	clothing; marital status; location of death including name of hospital where applicable; name 
272.10 	of spouse; whether or not the decedent ever served in the armed forces of the United States; 
272.11 	occupation; business; father's name (also birth name, if different); mother's name (also birth 
272.12 	name, if different); birthplace; birthplace of parents; cause of death; causes of cause of 
272.13 	death; whether an autopsy was performed and if so, whether it was conclusive; date and 
272.14 	place of injury, if applicable, including work place; how injury occurred; whether death 
272.15 	was caused by accident, suicide, homicide, or was of undetermined cause; certification of 
272.16 	attendance by physician or advanced practice registered nurse; physician's or advanced 
272.17 	practice registered nurse's name and address; certification by coroner or medical examiner; 
272.18 	name and signature of coroner or medical examiner; type of disposition of body; burial 
272.19 	place name and location, if applicable; date of burial, cremation or removal; funeral home 
272.20 	name and address; and name of local register or funeral director.

272.21 	Sec. 2. Minnesota Statutes 2016, section 144.651, subdivision 21, is amended to read:
272.22 		Subd. 21.Communication privacy. Patients and residents may associate and 
272.23 	communicate privately with persons of their choice and enter and, except as provided by 
272.24 	the Minnesota Commitment Act, leave the facility as they choose. Patients and residents 
272.25 	shall have access, at their expense, to writing instruments, stationery, and postage. Personal 
272.26 	mail shall be sent without interference and received unopened unless medically or 
272.27 	programmatically contraindicated and documented by the physician or advanced practice 
272.28 	registered nurse in the medical record. There shall be access to a telephone where patients 
272.29 	and residents can make and receive calls as well as speak privately. Facilities which are 
272.30 	unable to provide a private area shall make reasonable arrangements to accommodate the 
272.31 	privacy of patients' or residents' calls. Upon admission to a facility where federal law 
272.32 	prohibits unauthorized disclosure of patient or resident identifying information to callers 
272.33 	and visitors, the patient or resident, or the legal guardian or conservator of the patient or 
272.34 	resident, shall be given the opportunity to authorize disclosure of the patient's or resident's 
273.1 	presence in the facility to callers and visitors who may seek to communicate with the patient 
273.2 	or resident. To the extent possible, the legal guardian or conservator of a patient or resident 
273.3 	shall consider the opinions of the patient or resident regarding the disclosure of the patient's 
273.4 	or resident's presence in the facility. This right is limited where medically inadvisable, as 
273.5 	documented by the attending physician or advanced practice registered nurse in a patient's 
273.6 	or resident's care record. Where programmatically limited by a facility abuse prevention 
273.7 	plan pursuant to section 626.557, subdivision 14, paragraph (b), this right shall also be 
273.8 	limited accordingly.

273.9 	Sec. 3. Minnesota Statutes 2016, section 144A.26, is amended to read:
273.10 	144A.26 RECIPROCITY WITH OTHER STATES AND EQUIVALENCY OF 
273.11 	HEALTH SERVICES EXECUTIVE.
273.12 		Subdivision 1.Reciprocity. The Board of Examiners may issue a nursing home 
273.13 	administrator's license, without examination, to any person who holds a current license as 
273.14 	a nursing home administrator from another jurisdiction if the board finds that the standards 
273.15 	for licensure in the other jurisdiction are at least the substantial equivalent of those prevailing 
273.16 	in this state and that the applicant is otherwise qualified.
273.17 		Subd. 2.Health services executive license. The Board of Examiners may issue a health 
273.18 	services executive license to any person who (1) has been validated by the National 
273.19 	Association of Long Term Care Administrator Boards as a health services executive, and 
273.20 	(2) has met the education and practice requirements for the minimum qualifications of a 
273.21 	nursing home administrator, assisted living administrator, and home and community-based 
273.22 	service provider. Licensure decisions made by the board under this subdivision are final.

273.23 	Sec. 4. Minnesota Statutes 2016, section 144A.4791, subdivision 13, is amended to read:
273.24 		Subd. 13.Request for discontinuation of life-sustaining treatment. (a) If a client, 
273.25 	family member, or other caregiver of the client requests that an employee or other agent of 
273.26 	the home care provider discontinue a life-sustaining treatment, the employee or agent 
273.27 	receiving the request:
273.28 	(1) shall take no action to discontinue the treatment; and
273.29 	(2) shall promptly inform the supervisor or other agent of the home care provider of the 
273.30 	client's request.
273.31 	(b) Upon being informed of a request for termination of treatment, the home care provider 
273.32 	shall promptly:
274.1 	(1) inform the client that the request will be made known to the physician or advanced 
274.2 	practice registered nurse who ordered the client's treatment;
274.3 	(2) inform the physician or advanced practice registered nurse of the client's request; 
274.4 	and
274.5 	(3) work with the client and the client's physician or advanced practice registered nurse 
274.6 	to comply with the provisions of the Health Care Directive Act in chapter 145C.
274.7 	(c) This section does not require the home care provider to discontinue treatment, except 
274.8 	as may be required by law or court order.
274.9 	(d) This section does not diminish the rights of clients to control their treatments, refuse 
274.10 	services, or terminate their relationships with the home care provider.
274.11 	(e) This section shall be construed in a manner consistent with chapter 145B or 145C, 
274.12 	whichever applies, and declarations made by clients under those chapters.

274.13 	Sec. 5. [148.2855] NURSE LICENSURE COMPACT.
274.14 	The Nurse Licensure Compact is enacted into law and entered into with all other 
274.15 	jurisdictions legally joining in it, in the form substantially as follows:
274.16 	ARTICLE I
274.17 	DEFINITIONS
274.18 	As used in this compact:
274.19 	(a) "Adverse action" means any administrative, civil, equitable, or criminal action 
274.20 	permitted by a state's law that is imposed by a licensing board or other authority against a 
274.21 	nurse, including actions against an individual's license or multistate licensure privilege such 
274.22 	as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's 
274.23 	practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, 
274.24 	including issuance of a cease and desist action.
274.25 	(b) "Alternative program" means a nondisciplinary monitoring program approved by a 
274.26 	licensing board.
274.27 	(c) "Coordinated licensure information system" means an integrated process for collecting, 
274.28 	storing, and sharing information on nurse licensure and enforcement activities related to 
274.29 	nurse licensure laws that is administered by a nonprofit organization composed of and 
274.30 	controlled by licensing boards.
274.31 	(d) "Current significant investigative information" means:
275.1 	(1) investigative information that a licensing board, after a preliminary inquiry that 
275.2 	includes notification and an opportunity for the nurse to respond, if required by state law, 
275.3 	has reason to believe is not groundless and, if proved true, would indicate more than a minor 
275.4 	infraction; or
275.5 	(2) investigative information that indicates that the nurse represents an immediate threat 
275.6 	to public health and safety, regardless of whether the nurse has been notified and had an 
275.7 	opportunity to respond.
275.8 	(e) "Encumbrance" means a revocation or suspension of, or any limitation on, the full 
275.9 	and unrestricted practice of nursing imposed by a licensing board.
275.10 	(f) "Home state" means the party state which is the nurse's primary state of residence.
275.11 	(g) "Licensing board" means a party state's regulatory body responsible for issuing nurse 
275.12 	licenses.
275.13 	(h) "Multistate license" means a license to practice as a registered or a licensed 
275.14 	practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes 
275.15 	the licensed nurse to practice in all party states under a multistate licensure privilege.
275.16 	(i) "Multistate licensure privilege" means a legal authorization associated with a multistate 
275.17 	license permitting the practice of nursing as either a registered nurse (RN) or licensed 
275.18 	practical/vocational nurse (LPN/VN) in a remote state.
275.19 	(j) "Nurse" means a registered nurse (RN) or licensed practical/vocational nurse 
275.20 	(LPN/VN), as those terms are defined by each party state's practice laws.
275.21 	(k) "Party state" means any state that has adopted this compact.
275.22 	(l) "Remote state" means a party state, other than the home state.
275.23 	(m) "Single-state license" means a nurse license issued by a party state that authorizes 
275.24 	practice only within the issuing state and does not include a multistate licensure privilege 
275.25 	to practice in any other party state.
275.26 	(n) "State" means a state, territory, or possession of the United States and the District 
275.27 	of Columbia.
275.28 	(o) "State practice laws" means a party state's laws, rules, and regulations that govern 
275.29 	the practice of nursing, define the scope of nursing practice, and create the methods and 
275.30 	grounds for imposing discipline. State practice laws do not include requirements necessary 
275.31 	to obtain and retain a license, except for qualifications or requirements of the home state.
276.1 	ARTICLE II
276.2 	GENERAL PROVISIONS AND JURISDICTION
276.3 	(a) A multistate license to practice registered or licensed practical/vocational nursing 
276.4 	issued by a home state to a resident in that state will be recognized by each party state as 
276.5 	authorizing a nurse to practice as an RN or as a LPN/VN under a multistate licensure 
276.6 	privilege in each party state.
276.7 	(b) A state must implement procedures for considering the criminal history records of 
276.8 	applicants for initial multistate license or licensure by endorsement. Such procedures shall 
276.9 	include the submission of fingerprints or other biometric-based information by applicants 
276.10 	for the purpose of obtaining an applicant's criminal history record information from the 
276.11 	Federal Bureau of Investigation and the agency responsible for retaining that state's criminal 
276.12 	records.
276.13 	(c) Each party state shall require the following for an applicant to obtain or retain a 
276.14 	multistate license in the home state:
276.15 	(1) meets the home state's qualifications for licensure or renewal of licensure, as well 
276.16 	as all other applicable state laws;
276.17 	(2)(i) has graduated or is eligible to graduate from a licensing board-approved RN or 
276.18 	LPN/VN prelicensure education program; or
276.19 	(ii) has graduated from a foreign RN or LPN/VN prelicensure education program that:
276.20 	(A) has been approved by the authorized accrediting body in the applicable country; and
276.21 	(B) has been verified by an independent credentials review agency to be comparable to 
276.22 	a licensing board-approved prelicensure education program;
276.23 	(3) has, if a graduate of a foreign prelicensure education program not taught in English 
276.24 	or if English is not the individual's native language, successfully passed an English 
276.25 	proficiency examination that includes the components of reading, speaking, writing, and 
276.26 	listening;
276.27 	(4) has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized 
276.28 	predecessor, as applicable;
276.29 	(5) is eligible for or holds an active, unencumbered license;
276.30 	(6) has submitted, in connection with an application for initial licensure or licensure by 
276.31 	endorsement, fingerprints, or other biometric data for the purpose of obtaining criminal 
277.1 	history record information from the Federal Bureau of Investigation and the agency 
277.2 	responsible for retaining that state's criminal records;
277.3 	(7) has not been convicted or found guilty, or has entered into an agreed disposition, of 
277.4 	a felony offense under applicable state or federal criminal law;
277.5 	(8) has not been convicted or found guilty, or has entered into an agreed disposition, of 
277.6 	a misdemeanor offense related to the practice of nursing as determined on a case-by-case 
277.7 	basis;
277.8 	(9) is not currently enrolled in an alternative program;
277.9 	(10) is subject to self-disclosure requirements regarding current participation in an 
277.10 	alternative program; and
277.11 	(11) has a valid United States Social Security number.
277.12 	(d) All party states shall be authorized, in accordance with existing state due process 
277.13 	law, to take adverse action against a nurse's multistate licensure privilege such as revocation, 
277.14 	suspension, probation, or any other action that affects a nurse's authorization to practice 
277.15 	under a multistate licensure privilege, including cease and desist actions. If a party state 
277.16 	takes such action, it shall promptly notify the administrator of the coordinated licensure 
277.17 	information system. The administrator of the coordinated licensure information system shall 
277.18 	promptly notify the home state of any such actions by remote states.
277.19 	(e) A nurse practicing in a party state must comply with the state practice laws of the 
277.20 	state in which the client is located at the time service is provided. The practice of nursing 
277.21 	is not limited to patient care, but shall include all nursing practice as defined by the state 
277.22 	practice laws of the party state in which the client is located. The practice of nursing in a 
277.23 	party state under a multistate licensure privilege will subject a nurse to the jurisdiction of 
277.24 	the licensing board, the courts, and the laws of the party state in which the client is located 
277.25 	at the time service is provided.
277.26 	(f) Individuals not residing in a party state shall continue to be able to apply for a party 
277.27 	state's single-state license as provided under the laws of each party state. However, the 
277.28 	single-state license granted to these individuals will not be recognized as granting the 
277.29 	privilege to practice nursing in any other party state. Nothing in this compact shall affect 
277.30 	the requirements established by a party state for the issuance of a single-state license.
277.31 	(g) Any nurse holding a home state multistate license, on the effective date of this 
277.32 	compact, may retain and renew the multistate license issued by the nurse's then-current 
277.33 	home state, provided that:
278.1 	(1) a nurse, who changes primary state of residence after this compact's effective date, 
278.2 	must meet all applicable paragraph (c) requirements to obtain a multistate license from a 
278.3 	new home state; or
278.4 	(2) a nurse who fails to satisfy the multistate licensure requirements in paragraph (c) 
278.5 	due to a disqualifying event occurring after this compact's effective date shall be ineligible 
278.6 	to retain or renew a multistate license, and the nurse's multistate license shall be revoked 
278.7 	or deactivated in accordance with applicable rules adopted by the Interstate Commission 
278.8 	of Nurse Licensure Compact Administrators ("Commission").
278.9 	ARTICLE III
278.10 	APPLICATIONS FOR LICENSURE IN A PARTY STATE
278.11 	(a) Upon application for a multistate license, the licensing board in the issuing party 
278.12 	state shall ascertain, through the coordinated licensure information system, whether the 
278.13 	applicant has ever held, or is the holder of, a license issued by any other state, whether there 
278.14 	are any encumbrances on any license or multistate licensure privilege held by the applicant, 
278.15 	whether any adverse action has been taken against any license or multistate licensure privilege 
278.16 	held by the applicant, and whether the applicant is currently participating in an alternative 
278.17 	program.
278.18 	(b) A nurse may hold a multistate license, issued by the home state, in only one party 
278.19 	state at a time.
278.20 	(c) If a nurse changes primary state of residence by moving between two party states, 
278.21 	the nurse must apply for licensure in the new home state, and the multistate license issued 
278.22 	by the prior home state will be deactivated in accordance with applicable rules adopted by 
278.23 	the commission:
278.24 	(1) the nurse may apply for licensure in advance of a change in primary state of residence; 
278.25 	and
278.26 	(2) a multistate license shall not be issued by the new home state until the nurse provides 
278.27 	satisfactory evidence of a change in primary state of residence to the new home state and 
278.28 	satisfies all applicable requirements to obtain a multistate license from the new home state.
278.29 	(d) If a nurse changes primary state of residence by moving from a party state to a 
278.30 	nonparty state, the multistate license issued by the prior home state will convert to a 
278.31 	single-state license, valid only in the former home state.
279.1 	ARTICLE IV
279.2 	ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS
279.3 	(a) In addition to the other powers conferred by state law, a licensing board shall have 
279.4 	the authority to:
279.5 	(1) take adverse action against a nurse's multistate licensure privilege to practice within 
279.6 	that party state:
279.7 	(i) only the home state shall have the power to take adverse action against a nurse's 
279.8 	license issued by the home state; and
279.9 	(ii) for purposes of taking adverse action, the home state licensing board shall give the 
279.10 	same priority and effect to reported conduct received from a remote state as it would if such 
279.11 	conduct occurred within the home state. In so doing, the home state shall apply its own state 
279.12 	laws to determine appropriate action;
279.13 	(2) issue cease and desist orders or impose an encumbrance on a nurse's authority to 
279.14 	practice within that party state;
279.15 	(3) complete any pending investigations of a nurse who changes primary state of residence 
279.16 	during the course of such investigations. The licensing board shall also have the authority 
279.17 	to take appropriate action(s) and shall promptly report the conclusions of such investigations 
279.18 	to the administrator of the coordinated licensure information system. The administrator of 
279.19 	the coordinated licensure information system shall promptly notify the new home state of 
279.20 	any such actions;
279.21 	(4) issue subpoenas for both hearings and investigations that require the attendance and 
279.22 	testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing 
279.23 	board in a party state for the attendance and testimony of witnesses or the production of 
279.24 	evidence from another party state shall be enforced in the latter state by any court of 
279.25 	competent jurisdiction, according to the practice and procedure of that court applicable to 
279.26 	subpoenas issued in proceedings pending before it. The issuing authority shall pay any 
279.27 	witness fees, travel expenses, mileage, and other fees required by the service statutes of the 
279.28 	state in which the witnesses or evidence are located;
279.29 	(5) obtain and submit, for each nurse licensure applicant, fingerprint, or other 
279.30 	biometric-based information to the Federal Bureau of Investigation for criminal background 
279.31 	checks, receive the results of the Federal Bureau of Investigation record search on criminal 
279.32 	background checks, and use the results in making licensure decisions;
280.1 	(6) if otherwise permitted by state law, recover from the affected nurse the costs of 
280.2 	investigations and disposition of cases resulting from any adverse action taken against that 
280.3 	nurse; and
280.4 	(7) take adverse action based on the factual findings of the remote state, provided that 
280.5 	the licensing board follows its own procedures for taking such adverse action.
280.6 	(b) If adverse action is taken by the home state against a nurse's multistate license, the 
280.7 	nurse's multistate licensure privilege to practice in all other party states shall be deactivated 
280.8 	until all encumbrances have been removed from the multistate license. All home state 
280.9 	disciplinary orders that impose adverse action against a nurse's multistate license shall 
280.10 	include a statement that the nurse's multistate licensure privilege is deactivated in all party 
280.11 	states during the pendency of the order.
280.12 	(c) Nothing in this compact shall override a party state's decision that participation in 
280.13 	an alternative program may be used in lieu of adverse action. The home state licensing board 
280.14 	shall deactivate the multistate licensure privilege under the multistate license of any nurse 
280.15 	for the duration of the nurse's participation in an alternative program.
280.16 	ARTICLE V
280.17 	COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF 
280.18 	INFORMATION
280.19 	(a) All party states shall participate in a coordinated licensure information system of all 
280.20 	licensed registered nurses (RNs) and licensed practical/vocational nurses (LPN/VNs). This 
280.21 	system will include information on the licensure and disciplinary history of each nurse, as 
280.22 	submitted by party states, to assist in the coordination of nurse licensure and enforcement 
280.23 	efforts.
280.24 	(b) The commission, in consultation with the administrator of the coordinated licensure 
280.25 	information system, shall formulate necessary and proper procedures for the identification, 
280.26 	collection, and exchange of information under this compact.
280.27 	(c) All licensing boards shall promptly report to the coordinated licensure information 
280.28 	system any adverse action, any current significant investigative information, denials of 
280.29 	applications, including the reasons for such denials, and nurse participation in alternative 
280.30 	programs known to the licensing board, regardless of whether such participation is deemed 
280.31 	nonpublic or confidential under state law.
281.1 	(d) Current significant investigative information and participation in nonpublic or 
281.2 	confidential alternative programs shall be transmitted through the coordinated licensure 
281.3 	information system only to party state licensing boards.
281.4 	(e) Notwithstanding any other provision of law, all party state licensing boards 
281.5 	contributing information to the coordinated licensure information system may designate 
281.6 	information that may not be shared with nonparty states or disclosed to other entities or 
281.7 	individuals without the express permission of the contributing state.
281.8 	(f) Any personally identifiable information obtained from the coordinated licensure 
281.9 	information system by a party state licensing board shall not be shared with nonparty states 
281.10 	or disclosed to other entities or individuals except to the extent permitted by the laws of the 
281.11 	party state contributing the information.
281.12 	(g) Any information contributed to the coordinated licensure information system that is 
281.13 	subsequently required to be expunged by the laws of the party state contributing that 
281.14 	information shall also be expunged from the coordinated licensure information system.
281.15 	(h) The compact administrator of each party state shall furnish a uniform data set to the 
281.16 	compact administrator of each other party state, which shall include, at a minimum:
281.17 	(1) identifying information;
281.18 	(2) licensure data;
281.19 	(3) information related to alternative program participation; and
281.20 	(4) other information that may facilitate the administration of this compact, as determined 
281.21 	by commission rules.
281.22 	(i) The compact administrator of a party state shall provide all investigative documents 
281.23 	and information requested by another party state.
281.24 	ARTICLE VI
281.25 	ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE 
281.26 	COMPACT ADMINISTRATORS
281.27 	(a) The party states hereby create and establish a joint public entity known as the Interstate 
281.28 	Commission of Nurse Licensure Compact Administrators:
281.29 	(1) the commission is an instrumentality of the party states;
281.30 	(2) venue is proper, and judicial proceedings by or against the commission shall be 
281.31 	brought solely and exclusively, in a court of competent jurisdiction where the principal 
282.1 	office of the commission is located. The commission may waive venue and jurisdictional 
282.2 	defenses to the extent it adopts or consents to participate in alternative dispute resolution 
282.3 	proceedings; and
282.4 	(3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
282.5 	(b) Membership, voting, and meetings:
282.6 	(1) each party state shall have and be limited to one administrator. The head of the state 
282.7 	licensing board or designee shall be the administrator of this compact for each party state. 
282.8 	Any administrator may be removed or suspended from office as provided by the law of the 
282.9 	state from which the administrator is appointed. Any vacancy occurring in the commission 
282.10 	shall be filled in accordance with the laws of the party state in which the vacancy exists;
282.11 	(2) each administrator shall be entitled to one vote with regard to the promulgation of 
282.12 	rules and creation of bylaws and shall otherwise have an opportunity to participate in the 
282.13 	business and affairs of the commission. An administrator shall vote in person or by such 
282.14 	other means as provided in the bylaws. The bylaws may provide for an administrator's 
282.15 	participation in meetings by telephone or other means of communication;
282.16 	(3) the commission shall meet at least once during each calendar year. Additional 
282.17 	meetings shall be held as set forth in the bylaws or rules of the commission;
282.18 	(4) all meetings shall be open to the public, and public notice of meetings shall be given 
282.19 	in the same manner as required under the rulemaking provisions in article VII;
282.20 	(5) the commission may convene in a closed, nonpublic meeting if the commission must 
282.21 	discuss:
282.22 	(i) noncompliance of a party state with its obligations under this compact;
282.23 	(ii) the employment, compensation, discipline, or other personnel matters, practices, or 
282.24 	procedures related to specific employees or other matters related to the commission's internal 
282.25 	personnel practices and procedures;
282.26 	(iii) current, threatened, or reasonably anticipated litigation;
282.27 	(iv) negotiation of contracts for the purchase or sale of goods, services, or real estate;
282.28 	(v) accusing any person of a crime or formally censuring any person;
282.29 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
282.30 	or confidential;
283.1 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
283.2 	clearly unwarranted invasion of personal privacy;
283.3 	(viii) disclosure of investigatory records compiled for law enforcement purposes;
283.4 	(ix) disclosure of information related to any reports prepared by or on behalf of the 
283.5 	commission for the purpose of investigation of compliance with this compact; or
283.6 	(x) matters specifically exempted from disclosure by federal or state statute; and
283.7 	(6) if a meeting, or portion of a meeting, is closed pursuant to this provision, the 
283.8 	commission's legal counsel or designee shall certify that the meeting may be closed and 
283.9 	shall reference each relevant exempting provision. The commission shall keep minutes that 
283.10 	fully and clearly describe all matters discussed in a meeting and shall provide a full and 
283.11 	accurate summary of actions taken, and the reasons therefore, including a description of the 
283.12 	views expressed. All documents considered in connection with an action shall be identified 
283.13 	in minutes. All minutes and documents of a closed meeting shall remain under seal, subject 
283.14 	to release by a majority vote of the commission or order of a court of competent jurisdiction.
283.15 	(c) The commission shall, by a majority vote of the administrators, prescribe bylaws or 
283.16 	rules to govern its conduct as may be necessary or appropriate to carry out the purposes and 
283.17 	exercise the powers of this compact, including, but not limited to:
283.18 	(1) establishing the fiscal year of the commission;
283.19 	(2) providing reasonable standards and procedures:
283.20 	(i) for the establishment and meetings of other committees; and
283.21 	(ii) governing any general or specific delegation of any authority or function of the 
283.22 	commission;
283.23 	(3) providing reasonable procedures for calling and conducting meetings of the 
283.24 	commission, ensuring reasonable advance notice of all meetings and providing an opportunity 
283.25 	for attendance of such meetings by interested parties, with enumerated exceptions designed 
283.26 	to protect the public's interest, the privacy of individuals, and proprietary information, 
283.27 	including trade secrets. The commission may meet in closed session only after a majority 
283.28 	of the administrators vote to close a meeting in whole or in part. As soon as practicable, the 
283.29 	commission must make public a copy of the vote to close the meeting revealing the vote of 
283.30 	each administrator, with no proxy votes allowed;
283.31 	(4) establishing the titles, duties, and authority and reasonable procedures for the election 
283.32 	of the officers of the commission;
284.1 	(5) providing reasonable standards and procedures for the establishment of the personnel 
284.2 	policies and programs of the commission. Notwithstanding any civil service or other similar 
284.3 	laws of any party state, the bylaws shall exclusively govern the personnel policies and 
284.4 	programs of the commission; and
284.5 	(6) providing a mechanism for winding up the operations of the commission and the 
284.6 	equitable disposition of any surplus funds that may exist after the termination of this compact 
284.7 	after the payment or reserving of all of its debts and obligations.
284.8 	(d) The commission shall publish its bylaws and rules, and any amendments thereto, in 
284.9 	a convenient form on the Web site of the commission.
284.10 	(e) The commission shall maintain its financial records in accordance with the bylaws.
284.11 	(f) The commission shall meet and take actions as are consistent with the provisions of 
284.12 	this compact and the bylaws.
284.13 	(g) The commission shall have the following powers:
284.14 	(1) to promulgate uniform rules to facilitate and coordinate implementation and 
284.15 	administration of this compact. The rules shall have the force and effect of law and shall 
284.16 	be binding in all party states;
284.17 	(2) to bring and prosecute legal proceedings or actions in the name of the commission, 
284.18 	provided that the standing of any licensing board to sue or be sued under applicable law 
284.19 	shall not be affected;
284.20 	(3) to purchase and maintain insurance and bonds;
284.21 	(4) to borrow, accept, or contract for services of personnel, including, but not limited 
284.22 	to, employees of a party state or nonprofit organizations;
284.23 	(5) to cooperate with other organizations that administer state compacts related to the 
284.24 	regulation of nursing, including, but not limited to, sharing administrative or staff expenses, 
284.25 	office space, or other resources;
284.26 	(6) to hire employees, elect or appoint officers, fix compensation, define duties, grant 
284.27 	such individuals appropriate authority to carry out the purposes of this compact, and to 
284.28 	establish the commission's personnel policies and programs relating to conflicts of interest, 
284.29 	qualifications of personnel, and other related personnel matters;
284.30 	(7) to accept any and all appropriate donations, grants, and gifts of money, equipment, 
284.31 	supplies, materials, and services, and to receive, utilize, and dispose of the same; provided 
285.1 	that at all times the commission shall avoid any appearance of impropriety or conflict of 
285.2 	interest;
285.3 	(8) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, 
285.4 	hold, improve, or use any property, whether real, personal, or mixed; provided that at all 
285.5 	times the commission shall avoid any appearance of impropriety;
285.6 	(9) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose 
285.7 	of any property, whether real, personal, or mixed;
285.8 	(10) to establish a budget and make expenditures;
285.9 	(11) to borrow money;
285.10 	(12) to appoint committees, including advisory committees comprised of administrators, 
285.11 	state nursing regulators, state legislators or their representatives, and consumer 
285.12 	representatives, and other such interested persons;
285.13 	(13) to provide and receive information from, and to cooperate with, law enforcement 
285.14 	agencies;
285.15 	(14) to adopt and use an official seal; and
285.16 	(15) to perform such other functions as may be necessary or appropriate to achieve the 
285.17 	purposes of this Compact consistent with the state regulation of nurse licensure and practice.
285.18 	(h) Financing of the commission:
285.19 	(1) the commission shall pay, or provide for the payment of, the reasonable expenses of 
285.20 	its establishment, organization, and ongoing activities;
285.21 	(2) the commission may also levy on and collect an annual assessment from each party 
285.22 	state to cover the cost of its operations, activities, and staff in its annual budget as approved 
285.23 	each year. The aggregate annual assessment amount, if any, shall be allocated based upon 
285.24 	a formula to be determined by the commission, which shall promulgate a rule that is binding 
285.25 	upon all party states;
285.26 	(3) the commission shall not incur obligations of any kind prior to securing the funds 
285.27 	adequate to meet the same; nor shall the commission pledge the credit of any of the party 
285.28 	states, except by, and with the authority of, such party state; and
285.29 	(4) the commission shall keep accurate accounts of all receipts and disbursements. The 
285.30 	receipts and disbursements of the commission shall be subject to the audit and accounting 
285.31 	procedures established under its bylaws. However, all receipts and disbursements of funds 
285.32 	handled by the commission shall be audited yearly by a certified or licensed public 
286.1 	accountant, and the report of the audit shall be included in and become part of the annual 
286.2 	report of the commission.
286.3 	(i) Qualified immunity, defense, and indemnification:
286.4 	(1) the administrators, officers, executive director, employees, and representatives of 
286.5 	the commission shall be immune from suit and liability, either personally or in their official 
286.6 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
286.7 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
286.8 	or that the person against whom the claim is made had a reasonable basis for believing 
286.9 	occurred, within the scope of commission employment, duties, or responsibilities; provided 
286.10 	that nothing in this paragraph shall be construed to protect any such person from suit or 
286.11 	liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton 
286.12 	misconduct of that person;
286.13 	(2) the commission shall defend any administrator, officer, executive director, employee, 
286.14 	or representative of the commission in any civil action seeking to impose liability arising 
286.15 	out of any actual or alleged act, error, or omission that occurred within the scope of 
286.16 	commission employment, duties, or responsibilities, or that the person against whom the 
286.17 	claim is made had a reasonable basis for believing occurred within the scope of commission 
286.18 	employment, duties, or responsibilities; provided that nothing herein shall be construed to 
286.19 	prohibit that person from retaining his or her own counsel; and provided further that the 
286.20 	actual or alleged act, error, or omission did not result from that person's intentional, willful, 
286.21 	or wanton misconduct; and
286.22 	(3) the commission shall indemnify and hold harmless any administrator, officer, 
286.23 	executive director, employee, or representative of the commission for the amount of any 
286.24 	settlement or judgment obtained against that person arising out of any actual or alleged act, 
286.25 	error, or omission that occurred within the scope of commission employment, duties, or 
286.26 	responsibilities, or that such person had a reasonable basis for believing occurred within 
286.27 	the scope of commission employment, duties, or responsibilities, provided that the actual 
286.28 	or alleged act, error, or omission did not result from the intentional, willful, or wanton 
286.29 	misconduct of that person.
286.30 	ARTICLE VII
286.31 	RULEMAKING
286.32 	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set 
286.33 	forth in this article and the rules adopted thereunder. Rules and amendments shall become 
287.1 	binding as of the date specified in each rule or amendment and shall have the same force 
287.2 	and effect as provisions of this compact.
287.3 	(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of 
287.4 	the commission.
287.5 	(c) Prior to promulgation and adoption of a final rule or rules by the commission, and 
287.6 	at least 60 days in advance of the meeting at which the rule will be considered and voted 
287.7 	upon, the commission shall file a notice of proposed rulemaking:
287.8 	(1) on the Web site of the commission; and
287.9 	(2) on the Web site of each licensing board or the publication in which state would 
287.10 	otherwise publish proposed rules.
287.11 	(d) The notice of proposed rulemaking shall include:
287.12 	(1) the proposed time, date, and location of the meeting in which the rule will be 
287.13 	considered and voted upon;
287.14 	(2) the text of the proposed rule or amendment, and the reason for the proposed rule;
287.15 	(3) a request for comments on the proposed rule from any interested person; and
287.16 	(4) the manner in which interested persons may submit notice to the commission of their 
287.17 	intention to attend the public hearing and any written comments.
287.18 	(e) Prior to adoption of a proposed rule, the commission shall allow persons to submit 
287.19 	written data, facts, opinions, and arguments, which shall be made available to the public.
287.20 	(f) The commission shall grant an opportunity for a public hearing before it adopts a 
287.21 	rule or amendment.
287.22 	(g) The commission shall publish the place, time, and date of the scheduled public 
287.23 	hearing:
287.24 	(1) hearings shall be conducted in a manner providing each person who wishes to 
287.25 	comment a fair and reasonable opportunity to comment orally or in writing. All hearings 
287.26 	will be recorded, and a copy will be made available upon request; and
287.27 	(2) nothing in this section shall be construed as requiring a separate hearing on each 
287.28 	rule. Rules may be grouped for the convenience of the commission at hearings required by 
287.29 	this section.
287.30 	(h) If no one appears at the public hearing, the commission may proceed with 
287.31 	promulgation of the proposed rule.
288.1 	(i) Following the scheduled hearing date, or by the close of business on the scheduled 
288.2 	hearing date if the hearing was not held, the commission shall consider all written and oral 
288.3 	comments received.
288.4 	(j) The commission shall, by majority vote of all administrators, take final action on the 
288.5 	proposed rule and shall determine the effective date of the rule, if any, based on the 
288.6 	rulemaking record and the full text of the rule.
288.7 	(k) Upon determination that an emergency exists, the commission may consider and 
288.8 	adopt an emergency rule without prior notice, opportunity for comment or hearing, provided 
288.9 	that the usual rulemaking procedures provided in this compact and in this section shall be 
288.10 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
288.11 	days after the effective date of the rule. For the purposes of this provision, an emergency 
288.12 	rule is one that must be adopted immediately in order to:
288.13 	(1) meet an imminent threat to public health, safety, or welfare;
288.14 	(2) prevent a loss of commission or party state funds; or
288.15 	(3) meet a deadline for the promulgation of an administrative rule that is required by 
288.16 	federal law or rule.
288.17 	(l) The commission may direct revisions to a previously adopted rule or amendment for 
288.18 	purposes of correcting typographical errors, errors in format, errors in consistency, or 
288.19 	grammatical errors. Public notice of any revisions shall be posted on the Web site of the 
288.20 	commission. The revision shall be subject to challenge by any person for a period of 30 
288.21 	days after posting. The revision may be challenged only on grounds that the revision results 
288.22 	in a material change to a rule. A challenge shall be made in writing, and delivered to the 
288.23 	commission prior to the end of the notice period. If no challenge is made, the revision will 
288.24 	take effect without further action. If the revision is challenged, the revision may not take 
288.25 	effect without the approval of the commission.
288.26 	ARTICLE VIII
288.27 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
288.28 	(a) Oversight:
288.29 	(1) each party state shall enforce this compact and take all actions necessary and 
288.30 	appropriate to effectuate this compact's purposes and intent; and
288.31 	(2) the commission shall be entitled to receive service of process in any proceeding that 
288.32 	may affect the powers, responsibilities, or actions of the commission, and shall have standing 
289.1 	to intervene in such a proceeding for all purposes. Failure to provide service of process in 
289.2 	such proceeding to the commission shall render a judgment or order void as to the 
289.3 	commission, this compact, or promulgated rules.
289.4 	(b) Default, technical assistance, and termination:
289.5 	(1) if the commission determines that a party state has defaulted in the performance of 
289.6 	its obligations or responsibilities under this compact or the promulgated rules, the commission 
289.7 	shall:
289.8 	(i) provide written notice to the defaulting state and other party states of the nature of 
289.9 	the default, the proposed means of curing the default or any other action to be taken by the 
289.10 	commission; and
289.11 	(ii) provide remedial training and specific technical assistance regarding the default;
289.12 	(2) if a state in default fails to cure the default, the defaulting state's membership in this 
289.13 	compact may be terminated upon an affirmative vote of a majority of the administrators, 
289.14 	and all rights, privileges, and benefits conferred by this compact may be terminated on the 
289.15 	effective date of termination. A cure of the default does not relieve the offending state of 
289.16 	obligations or liabilities incurred during the period of default;
289.17 	(3) termination of membership in this compact shall be imposed only after all other 
289.18 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
289.19 	shall be given by the commission to the governor of the defaulting state and to the executive 
289.20 	officer of the defaulting state's licensing board and each of the party states;
289.21 	(4) a state whose membership in this compact has been terminated is responsible for all 
289.22 	assessments, obligations, and liabilities incurred through the effective date of termination, 
289.23 	including obligations that extend beyond the effective date of termination;
289.24 	(5) the commission shall not bear any costs related to a state that is found to be in default 
289.25 	or whose membership in this compact has been terminated, unless agreed upon in writing 
289.26 	between the commission and the defaulting state; and
289.27 	(6) the defaulting state may appeal the action of the commission by petitioning the U.S. 
289.28 	District Court for the District of Columbia or the federal district in which the commission 
289.29 	has its principal offices. The prevailing party shall be awarded all costs of such litigation, 
289.30 	including reasonable attorneys' fees.
289.31 	(c) Dispute resolution:
290.1 	(1) upon request by a party state, the commission shall attempt to resolve disputes related 
290.2 	to the compact that arise among party states and between party and nonparty states;
290.3 	(2) the commission shall promulgate a rule providing for both mediation and binding 
290.4 	dispute resolution for disputes, as appropriate; and
290.5 	(3) in the event the commission cannot resolve disputes among party states arising under 
290.6 	this compact:
290.7 	(i) the party states may submit the issues in dispute to an arbitration panel, which will 
290.8 	be comprised of individuals appointed by the compact administrator in each of the affected 
290.9 	party states and an individual mutually agreed upon by the compact administrators of all 
290.10 	the party states involved in the dispute; and
290.11 	(ii) the decision of a majority of the arbitrators shall be final and binding.
290.12 	(d) Enforcement:
290.13 	(1) the commission, in the reasonable exercise of its discretion, shall enforce the 
290.14 	provisions and rules of this compact;
290.15 	(2) by majority vote, the commission may initiate legal action in the U.S. District Court 
290.16 	for the District of Columbia or the federal district in which the commission has its principal 
290.17 	offices against a party state that is in default to enforce compliance with the provisions of 
290.18 	this compact and its promulgated rules and bylaws. The relief sought may include both 
290.19 	injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing 
290.20 	party shall be awarded all costs of such litigation, including reasonable attorneys' fees; and
290.21 	(3) the remedies herein shall not be the exclusive remedies of the commission. The 
290.22 	commission may pursue any other remedies available under federal or state law.
290.23 	ARTICLE IX
290.24 	EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
290.25 	(a) This compact shall become effective and binding on the earlier of the date of 
290.26 	legislative enactment of this compact into law by no less than 26 states or December 31, 
290.27 	2018. All party states to this compact, that also were parties to the prior Nurse Licensure 
290.28 	Compact, superseded by this compact, ("prior compact"), shall be deemed to have withdrawn 
290.29 	from said prior compact within six months after the effective date of this compact.
290.30 	(b) Each party state to this compact shall continue to recognize a nurse's multistate 
290.31 	licensure privilege to practice in that party state issued under the prior compact until such 
290.32 	party state has withdrawn from the prior compact.
291.1 	(c) Any party state may withdraw from this compact by enacting a statute repealing the 
291.2 	same. A party state's withdrawal shall not take effect until six months after enactment of 
291.3 	the repealing statute.
291.4 	(d) A party state's withdrawal or termination shall not affect the continuing requirement 
291.5 	of the withdrawing or terminated state's licensing board to report adverse actions and 
291.6 	significant investigations occurring prior to the effective date of such withdrawal or 
291.7 	termination.
291.8 	(e) Nothing contained in this compact shall be construed to invalidate or prevent any 
291.9 	nurse licensure agreement or other cooperative arrangement between a party state and a 
291.10 	nonparty state that is made in accordance with the other provisions of this compact.
291.11 	(f) This compact may be amended by the party states. No amendment to this compact 
291.12 	shall become effective and binding upon the party states, unless and until it is enacted into 
291.13 	the laws of all party states.
291.14 	(g) Representatives of nonparty states to this compact shall be invited to participate in 
291.15 	the activities of the commission, on a nonvoting basis, prior to the adoption of this compact 
291.16 	by all states.
291.17 	ARTICLE X
291.18 	CONSTRUCTION AND SEVERABILITY
291.19 	This compact shall be liberally construed so as to effectuate the purposes thereof. The 
291.20 	provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision 
291.21 	of this compact is declared to be contrary to the constitution of any party state or of the 
291.22 	United States, or if the applicability thereof to any government, agency, person, or 
291.23 	circumstance is held invalid, the validity of the remainder of this compact and the 
291.24 	applicability thereof to any government, agency, person, or circumstance shall not be affected 
291.25 	thereby. If this compact shall be held to be contrary to the constitution of any party state, 
291.26 	this compact shall remain in full force and effect as to the remaining party states and in full 
291.27 	force and effect as to the party state affected as to all severable matters.

291.28 	EFFECTIVE DATE. This section is effective upon implementation of the coordinated 
291.29 	licensure information system defined in Minnesota Statutes, section 148.2855, article V, 
291.30 	but no sooner than July 1, 2019.

292.1 	Sec. 6. [148.2856] APPLICATION OF NURSE LICENSURE COMPACT TO 
292.2 	EXISTING LAWS.
292.3 	(a) Section 148.2855 does not relieve employers of nurses from complying with statutorily 
292.4 	imposed obligations.
292.5 	(b) Section 148.2855 does not supersede existing state labor laws.
292.6 	(c) For purposes of the Minnesota Government Data Practices Act, chapter 13, an 
292.7 	individual not licensed as a nurse under sections 148.171 to 148.285 who practices 
292.8 	professional or practical nursing in Minnesota under the authority of section 148.2855 is 
292.9 	considered to be a licensee of the board.
292.10 	(d) Proceedings brought against an individual's multistate privilege shall be adjudicated 
292.11 	following the procedures listed in sections 14.50 to 14.62 and shall be subject to judicial 
292.12 	review as provided for in sections 14.63 to 14.69.
292.13 	(e) The reporting requirements of sections 144.4175, 148.263, 626.52, and 626.557 
292.14 	apply to individuals not licensed as registered or licensed practical nurses under sections 
292.15 	148.171 to 148.285 who practice professional or practical nursing in Minnesota under the 
292.16 	authority of section 148.2855.
292.17 	(f) The board may take action against an individual's multistate privilege based on the 
292.18 	grounds listed in section 148.261, subdivision 1, and any other statute authorizing or requiring 
292.19 	the board to take corrective or disciplinary action.
292.20 	(g) The board may take all forms of disciplinary action provided for in section 148.262, 
292.21 	subdivision 1, and corrective action provided for in section 214.103, subdivision 6, against 
292.22 	an individual's multistate privilege.
292.23 	(h) The immunity provisions of section 148.264, subdivision 1, apply to individuals who 
292.24 	practice professional or practical nursing in Minnesota under the authority of section 
292.25 	148.2855.
292.26 	(i) The cooperation requirements of section 148.265 apply to individuals who practice 
292.27 	professional or practical nursing in Minnesota under the authority of section 148.2855.
292.28 	(j) The provisions of section 148.283 shall not apply to individuals who practice 
292.29 	professional or practical nursing in Minnesota under the authority of section 148.2855.
292.30 	(k) Complaints against individuals who practice professional or practical nursing in 
292.31 	Minnesota under the authority of section 148.2855 shall be handled as provided in sections 
292.32 	214.10 and 214.103.

293.1 	EFFECTIVE DATE. This section is effective upon implementation of the coordinated 
293.2 	licensure information system defined in Minnesota Statutes, section 148.2855, article V, 
293.3 	but no sooner than July 1, 2019.

293.4 	Sec. 7. [148.2858] MISCELLANEOUS PROVISIONS.
293.5 	(a) For the purposes of section 148.2855, "head of the Nurse Licensing Board" means 
293.6 	the executive director of the board.
293.7 	(b) The Board of Nursing shall have the authority to recover from a nurse practicing 
293.8 	professional or practical nursing in Minnesota under the authority of section 148.2855 the 
293.9 	costs of investigation and disposition of cases resulting from any adverse action taken against 
293.10 	the nurse.

293.11 	EFFECTIVE DATE. This section is effective upon implementation of the coordinated 
293.12 	licensure information system defined in Minnesota Statutes, section 148.2855, article V, 
293.13 	but no sooner than July 1, 2019.

293.14 	Sec. 8. Minnesota Statutes 2016, section 148.59, is amended to read:
293.15 	148.59 LICENSE RENEWAL; LICENSE AND REGISTRATION FEES.
293.16 	A licensed optometrist shall pay to the state Board of Optometry a fee as set by the board 
293.17 	in order to renew a license as provided by board rule. No fees shall be refunded. Fees may 
293.18 	not exceed the following amounts but may be adjusted lower by board direction and are for 
293.19 	the exclusive use of the board:
293.20 	(1) optometry licensure application, $160;
293.21 	(2) optometry annual licensure renewal, $135 $170;
293.22 	(3) optometry late penalty fee, $75;
293.23 	(4) annual license renewal card, $10;
293.24 	(5) continuing education provider application, $45;
293.25 	(6) emeritus registration, $10;
293.26 	(7) endorsement/reciprocity application, $160;
293.27 	(8) replacement of initial license, $12; and
293.28 	(9) license verification, $50.;
293.29 	(10) jurisprudence state examination, $75;
294.1 	(11) Optometric Education Continuing Education data bank registration, $20; and
294.2 	(12) data requests and labels, $50.

294.3 	Sec. 9. Minnesota Statutes 2016, section 148E.180, is amended to read:
294.4 	148E.180 FEE AMOUNTS.
294.5 		Subdivision 1.Application fees. Nonrefundable application fees for licensure are as 
294.6 	follows may not exceed the following amounts but may be adjusted lower by board action:
294.7 	(1) for a licensed social worker, $45 $75;
294.8 	(2) for a licensed graduate social worker, $45 $75;
294.9 	(3) for a licensed independent social worker, $45 $75;
294.10 	(4) for a licensed independent clinical social worker, $45 $75;
294.11 	(5) for a temporary license, $50; and
294.12 	(6) for a licensure by endorsement, $85 $115.
294.13 	The fee for criminal background checks is the fee charged by the Bureau of Criminal 
294.14 	Apprehension. The criminal background check fee must be included with the application 
294.15 	fee as required according to section 148E.055.
294.16 		Subd. 2.License fees. Nonrefundable license fees are as follows may not exceed the 
294.17 	following amounts but may be adjusted lower by board action:
294.18 	(1) for a licensed social worker, $81 $115;
294.19 	(2) for a licensed graduate social worker, $144 $210;
294.20 	(3) for a licensed independent social worker, $216 $305;
294.21 	(4) for a licensed independent clinical social worker, $238.50 $335;
294.22 	(5) for an emeritus inactive license, $43.20 $65;
294.23 	(6) for an emeritus active license, one-half of the renewal fee specified in subdivision 
294.24 	3; and
294.25 	(7) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
294.26 	If the licensee's initial license term is less or more than 24 months, the required license 
294.27 	fees must be prorated proportionately.
295.1 		Subd. 3.Renewal fees. Nonrefundable renewal fees for licensure are as follows the 
295.2 	two-year renewal term may not exceed the following amounts but may be adjusted lower 
295.3 	by board action:
295.4 	(1) for a licensed social worker, $81 $115;
295.5 	(2) for a licensed graduate social worker, $144 $210;
295.6 	(3) for a licensed independent social worker, $216 $305; and
295.7 	(4) for a licensed independent clinical social worker, $238.50 $335.
295.8 		Subd. 4.Continuing education provider fees. Continuing education provider fees are 
295.9 	as follows the following nonrefundable amounts:
295.10 	(1) for a provider who offers programs totaling one to eight clock hours in a one-year 
295.11 	period according to section 148E.145, $50;
295.12 	(2) for a provider who offers programs totaling nine to 16 clock hours in a one-year 
295.13 	period according to section 148E.145, $100;
295.14 	(3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year period 
295.15 	according to section 148E.145, $200;
295.16 	(4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year period 
295.17 	according to section 148E.145, $400; and
295.18 	(5) for a provider who offers programs totaling 49 or more clock hours in a one-year 
295.19 	period according to section 148E.145, $600.
295.20 		Subd. 5.Late fees. Late fees are as follows the following nonrefundable amounts:
295.21 	(1) renewal late fee, one-fourth of the renewal fee specified in subdivision 3;
295.22 	(2) supervision plan late fee, $40; and
295.23 	(3) license late fee, $100 plus the prorated share of the license fee specified in subdivision 
295.24 	2 for the number of months during which the individual practiced social work without a 
295.25 	license.
295.26 		Subd. 6.License cards and wall certificates. (a) The fee for a license card as specified 
295.27 	in section 148E.095 is $10.
295.28 	(b) The fee for a license wall certificate as specified in section 148E.095 is $30.
295.29 		Subd. 7.Reactivation fees. Reactivation fees are as follows the following nonrefundable 
295.30 	amounts:
296.1 	(1) reactivation from a temporary leave or emeritus status, the prorated share of the 
296.2 	renewal fee specified in subdivision 3; and
296.3 	(2) reactivation of an expired license, 1-1/2 times the renewal fees specified in subdivision 
296.4 	3.

296.5 	Sec. 10. Minnesota Statutes 2016, section 150A.06, subdivision 1a, is amended to read:
296.6 		Subd. 1a.Faculty dentists. (a) Faculty members of a school of dentistry must be licensed 
296.7 	in order to practice dentistry as defined in section 150A.05. The board may issue to members 
296.8 	of the faculty of a school of dentistry a license designated as either a "limited faculty license" 
296.9 	or a "full faculty license" entitling the holder to practice dentistry within the terms described 
296.10 	in paragraph (b) or (c). The dean of a school of dentistry and program directors of a 
296.11 	Minnesota dental hygiene, dental therapy, or dental assisting school accredited by the 
296.12 	Commission on Dental Accreditation shall certify to the board those members of the school's 
296.13 	faculty who practice dentistry but are not licensed to practice dentistry in Minnesota. A 
296.14 	faculty member who practices dentistry as defined in section 150A.05, before beginning 
296.15 	duties in a school of dentistry or a, dental therapy, dental hygiene, or dental assisting school,
296.16 	shall apply to the board for a limited or full faculty license. Pursuant to Minnesota Rules, 
296.17 	chapter 3100, and at the discretion of the board, a limited faculty license must be renewed 
296.18 	annually and a full faculty license must be renewed biennially. The faculty applicant shall 
296.19 	pay a nonrefundable fee set by the board for issuing and renewing the faculty license. The 
296.20 	faculty license is valid during the time the holder remains a member of the faculty of a 
296.21 	school of dentistry or a, dental therapy, dental hygiene, or dental assisting school and subjects 
296.22 	the holder to this chapter.
296.23 	(b) The board may issue to dentist members of the faculty of a Minnesota school of 
296.24 	dentistry, dental therapy, dental hygiene, or dental assisting accredited by the Commission 
296.25 	on Dental Accreditation, a license designated as a limited faculty license entitling the holder 
296.26 	to practice dentistry within the school and its affiliated teaching facilities, but only for the 
296.27 	purposes of teaching or conducting research. The practice of dentistry at a school facility 
296.28 	for purposes other than teaching or research is not allowed unless the dentist was a faculty 
296.29 	member on August 1, 1993.
296.30 	(c) The board may issue to dentist members of the faculty of a Minnesota school of 
296.31 	dentistry, dental therapy, dental hygiene, or dental assisting accredited by the Commission 
296.32 	on Dental Accreditation a license designated as a full faculty license entitling the holder to 
296.33 	practice dentistry within the school and its affiliated teaching facilities and elsewhere if the 
296.34 	holder of the license is employed 50 percent time or more full time by the school in the 
297.1 	practice of teaching, supervising, or research, and upon successful review by the board of 
297.2 	the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. The 
297.3 	board, at its discretion, may waive specific licensing prerequisites.

297.4 	Sec. 11. Minnesota Statutes 2016, section 150A.06, is amended by adding a subdivision 
297.5 	to read:
297.6 		Subd. 10.Emeritus inactive license. (a) A dental professional licensed under this chapter 
297.7 	to practice dentistry, dental therapy, dental hygiene, or dental assisting who retires from 
297.8 	active practice in the state may apply to the board for an emeritus inactive license. An 
297.9 	applicant must apply for an emeritus inactive license on the biennial licensing form or by 
297.10 	petitioning the board.
297.11 	(b) The board shall not grant an emeritus inactive license to an applicant who is the 
297.12 	subject of a disciplinary action resulting in the current suspension, revocation, 
297.13 	disqualification, condition, or restriction of the applicant's license to practice dentistry, 
297.14 	dental therapy, dental hygiene, or dental assisting.
297.15 	(c) An emeritus inactive licensee is prohibited from practicing dentistry, dental therapy, 
297.16 	dental hygiene, or dental assisting. An emeritus inactive license is a formal recognition of 
297.17 	completion of the licensee's dental career in good standing.
297.18 	(d) The board shall charge a onetime fee for issuance of an emeritus inactive license, 
297.19 	pursuant to section 150A.091.

297.20 	Sec. 12. Minnesota Statutes 2016, section 150A.06, is amended by adding a subdivision 
297.21 	to read:
297.22 		Subd. 11.Emeritus active license. (a) A dental professional licensed to practice dentistry, 
297.23 	dental therapy, dental hygiene, or dental assisting, pursuant to section 150A.05 and Minnesota 
297.24 	Rules, part 3100.8500, who declares retirement from active practice in the state may apply 
297.25 	to the board for an emeritus active license. An applicant must apply for an emeritus active 
297.26 	license on a form as required by the board.
297.27 	(b) An emeritus active licensee may engage only in pro bono or volunteer practice, paid 
297.28 	practice not to exceed 240 hours per calendar year for the purpose of providing license 
297.29 	supervision to meet board requirements, and paid consulting services not to exceed 240 
297.30 	hours per calendar year.
297.31 	(c) An emeritus active licensee is prohibited from representing that the licensee is 
297.32 	authorized to engage in any practice except as provided in paragraph (b). The board may 
298.1 	take disciplinary or corrective action against an emeritus active licensee as provided in 
298.2 	section 150A.08.
298.3 	(d) An emeritus active license must be renewed biennially. The renewal requirements 
298.4 	for an emeritus active license are:
298.5 	(1) completion of a renewal form as required by the board;
298.6 	(2) payment of a renewal fee pursuant to section 150A.091; and
298.7 	(3) reporting of 25 completed continuing education hours, which must include:
298.8 	(i) courses in two required CORE areas;
298.9 	(ii) one hour of credit on infection control;
298.10 	(iii) for emeritus active licenses in dentistry and dental therapy, at least 15 fundamental 
298.11 	credits and no more than ten elective credits; and
298.12 	(iv) for emeritus active licenses in dental hygiene and dental assisting, at least seven 
298.13 	fundamental credits and no more than six elective credits.

298.14 	Sec. 13. Minnesota Statutes 2016, section 150A.091, is amended by adding a subdivision 
298.15 	to read:
298.16 		Subd. 19.Emeritus inactive license. Each applicant shall submit with an application 
298.17 	for an emeritus inactive license a onetime, nonrefundable fee in the amount of $50.

298.18 	Sec. 14. Minnesota Statutes 2016, section 150A.091, is amended by adding a subdivision 
298.19 	to read:
298.20 		Subd. 20.Emeritus active license. Each applicant shall submit with an application for 
298.21 	an emeritus inactive license, and each emeritus active licensee shall submit with a renewal 
298.22 	application, a nonrefundable fee as follows:
298.23 	(1) for an emeritus active license in dentistry, $212;
298.24 	(2) for an emeritus active license in dental therapy, $100;
298.25 	(3) for an emeritus active license in dental hygiene, $75; and
298.26 	(4) for an emeritus active license in dental assisting, $55.

299.1 	Sec. 15. Minnesota Statutes 2016, section 151.15, is amended by adding a subdivision to 
299.2 	read:
299.3 		Subd. 5.Receipt of emergency prescription orders. A pharmacist, when that pharmacist 
299.4 	is not present within a licensed pharmacy, may accept a written, verbal, or electronic 
299.5 	prescription drug order from a practitioner only if:
299.6 	(1) the prescription drug order is for an emergency situation where waiting for the 
299.7 	licensed pharmacy from which the prescription will be dispensed to open would likely cause 
299.8 	the patient to experience significant physical harm or discomfort;
299.9 	(2) the pharmacy from which the prescription drug order will be dispensed is closed for 
299.10 	business;
299.11 	(3) the pharmacist has been designated to be on call for the licensed pharmacy that will 
299.12 	fill the prescription drug order;
299.13 	(4) in the case of an electronic prescription drug order, the order must be received through 
299.14 	secure and encrypted electronic means;
299.15 	(5) the pharmacist takes reasonable precautions to ensure that the prescription drug order 
299.16 	will be handled in a manner consistent with federal and state statutes regarding the handling 
299.17 	of protected health information; and
299.18 	(6) the pharmacy from which the prescription drug order will be dispensed has relevant 
299.19 	and appropriate policies and procedures in place and makes them available to the board 
299.20 	upon request.

299.21 	Sec. 16. Minnesota Statutes 2016, section 151.15, is amended by adding a subdivision to 
299.22 	read:
299.23 		Subd. 6.Processing of emergency prescription orders. A pharmacist, when that 
299.24 	pharmacist is not present within a licensed pharmacy, may access a pharmacy prescription 
299.25 	processing system through secure and encrypted electronic means in order to process an 
299.26 	emergency prescription accepted pursuant to subdivision 5 only if:
299.27 	(1) the pharmacy from which the prescription drug order will be dispensed is closed for 
299.28 	business;
299.29 	(2) the pharmacist has been designated to be on call for the licensed pharmacy that will 
299.30 	fill the prescription drug order;
299.31 	(3) the prescription drug order is for a patient of a long-term care facility or a county 
299.32 	correctional facility;
300.1 	(4) the prescription drug order is processed pursuant to this chapter and rules adopted 
300.2 	under this chapter; and
300.3 	(5) the pharmacy from which the prescription drug order will be dispensed has relevant 
300.4 	and appropriate policies and procedures in place and makes them available to the board 
300.5 	upon request.

300.6 	Sec. 17. Minnesota Statutes 2016, section 151.19, subdivision 1, is amended to read:
300.7 		Subdivision 1.Pharmacy licensure requirements. (a) No person shall operate a 
300.8 	pharmacy without first obtaining a license from the board and paying any applicable fee 
300.9 	specified in section 151.065. The license shall be displayed in a conspicuous place in the 
300.10 	pharmacy for which it is issued and expires on June 30 following the date of issue. It is 
300.11 	unlawful for any person to operate a pharmacy unless the license has been issued to the 
300.12 	person by the board.
300.13 	(b) Application for a pharmacy license under this section shall be made in a manner 
300.14 	specified by the board.
300.15 	(c) No license shall be issued or renewed for a pharmacy located within the state unless 
300.16 	the applicant agrees to operate the pharmacy in a manner prescribed by federal and state 
300.17 	law and according to rules adopted by the board. No license shall be issued for a pharmacy 
300.18 	located outside of the state unless the applicant agrees to operate the pharmacy in a manner 
300.19 	prescribed by federal law and, when dispensing medications for residents of this state, the 
300.20 	laws of this state, and Minnesota Rules.
300.21 	(d) No license shall be issued or renewed for a pharmacy that is required to be licensed 
300.22 	or registered by the state in which it is physically located unless the applicant supplies the 
300.23 	board with proof of such licensure or registration.
300.24 	(e) The board shall require a separate license for each pharmacy located within the state 
300.25 	and for each pharmacy located outside of the state at which any portion of the dispensing 
300.26 	process occurs for drugs dispensed to residents of this state.
300.27 	(f) The board shall not issue an initial or renewed license for a pharmacy unless the 
300.28 	pharmacy passes an inspection conducted by an authorized representative of the board. In 
300.29 	the case of a pharmacy located outside of the state, the board may require the applicant to 
300.30 	pay the cost of the inspection, in addition to the license fee in section 151.065, unless the 
300.31 	applicant furnishes the board with a report, issued by the appropriate regulatory agency of 
300.32 	the state in which the facility is located, of an inspection that has occurred within the 24 
300.33 	months immediately preceding receipt of the license application by the board. The board 
301.1 	may deny licensure unless the applicant submits documentation satisfactory to the board 
301.2 	that any deficiencies noted in an inspection report have been corrected.
301.3 	(g) The board shall not issue an initial or renewed license for a pharmacy located outside 
301.4 	of the state unless the applicant discloses and certifies:
301.5 	(1) the location, names, and titles of all principal corporate officers and all pharmacists 
301.6 	who are involved in dispensing drugs to residents of this state;
301.7 	(2) that it maintains its records of drugs dispensed to residents of this state so that the 
301.8 	records are readily retrievable from the records of other drugs dispensed;
301.9 	(3) that it agrees to cooperate with, and provide information to, the board concerning 
301.10 	matters related to dispensing drugs to residents of this state;
301.11 	(4) that, during its regular hours of operation, but no less than six days per week, for a 
301.12 	minimum of 40 hours per week, a toll-free telephone service is provided to facilitate 
301.13 	communication between patients in this state and a pharmacist at the pharmacy who has 
301.14 	access to the patients' records; the toll-free number must be disclosed on the label affixed 
301.15 	to each container of drugs dispensed to residents of this state; and
301.16 	(5) that, upon request of a resident of a long-term care facility located in this state, the 
301.17 	resident's authorized representative, or a contract pharmacy or licensed health care facility 
301.18 	acting on behalf of the resident, the pharmacy will dispense medications prescribed for the 
301.19 	resident in unit-dose packaging or, alternatively, comply with section 151.415, subdivision 
301.20 	5.
301.21 	(h) This subdivision does not apply to a manufacturer licensed under section 151.252, 
301.22 	subdivision 1, a wholesale drug distributor licensed under section 151.47, or a third-party 
301.23 	logistics provider, to the extent the manufacturer, wholesale drug distributor, or third-party 
301.24 	logistics provider is engaged in the distribution of dialysate or devices necessary to perform 
301.25 	home peritoneal dialysis on patients with end-stage renal disease, if:
301.26 	(1) the manufacturer or its agent leases or owns the licensed manufacturing or wholesaling 
301.27 	facility from which the dialysate or devices will be delivered;
301.28 	(2) the dialysate is comprised of dextrose or icodextrin and has been approved by the 
301.29 	United States Food and Drug Administration;
301.30 	(3) the dialysate is stored and delivered in its original, sealed, and unopened 
301.31 	manufacturer's packaging;
301.32 	(4) the dialysate or devices are delivered only upon:
302.1 	(i) receipt of a physician's order by a Minnesota licensed pharmacy; and
302.2 	(ii) the review and processing of the prescription by a pharmacist licensed by the state 
302.3 	in which the pharmacy is located, who is employed by or under contract to the pharmacy;
302.4 	(5) prescriptions, policies, procedures, and records of delivery are maintained by the 
302.5 	manufacturer for a minimum of three years and are made available to the board upon request; 
302.6 	and
302.7 	(6) the manufacturer or the manufacturer's agent delivers the dialysate or devices directly 
302.8 	to:
302.9 	(i) a patient with end-stage renal disease for whom the prescription was written or the 
302.10 	patient's designee, for the patient's self-administration of the dialysis therapy; or
302.11 	(ii) a health care provider or institution, for administration or delivery of the dialysis 
302.12 	therapy to a patient with end-stage renal disease for whom the prescription was written.

302.13 	Sec. 18. Minnesota Statutes 2016, section 151.46, is amended to read:
302.14 	151.46 PROHIBITED DRUG PURCHASES OR RECEIPT.
302.15 	It is unlawful for any person to knowingly purchase or receive a prescription drug from 
302.16 	a source other than a person or entity licensed under the laws of the state, except where 
302.17 	otherwise provided. Licensed wholesale drug distributors other than pharmacies shall not 
302.18 	dispense or distribute prescription drugs directly to patients except for licensed facilities 
302.19 	that dispense or distribute home peritoneal dialysis products directly to patients pursuant 
302.20 	to section 151.19, subdivision 1, paragraph (h). A person violating the provisions of this 
302.21 	section is guilty of a misdemeanor.

302.22 	Sec. 19. Minnesota Statutes 2016, section 214.075, subdivision 1, is amended to read:
302.23 		Subdivision 1.Applications. (a) By January 1, 2018, Each health-related licensing 
302.24 	board, as defined in section 214.01, subdivision 2, shall require applicants for initial licensure, 
302.25 	licensure by endorsement, or reinstatement or other relicensure after a lapse in licensure, 
302.26 	as defined by the individual health-related licensing boards, the following individuals to 
302.27 	submit to a criminal history records check of state data completed by the Bureau of Criminal 
302.28 	Apprehension (BCA) and a national criminal history records check, including a search of 
302.29 	the records of the Federal Bureau of Investigation (FBI).:
303.1 	(1) applicants for initial licensure or licensure by endorsement. An applicant is exempt 
303.2 	from this paragraph if the applicant submitted to a state and national criminal history records 
303.3 	check as described in this paragraph for a license issued by the same board;
303.4 	(2) applicants seeking reinstatement or relicensure, as defined by the individual 
303.5 	health-related licensing board, if more than one year has elapsed since the applicant's license 
303.6 	or registration expiration date; or
303.7 	(3) licensees applying for eligibility to participate in an interstate licensure compact.
303.8 	(b) An applicant must complete a criminal background check if more than one year has 
303.9 	elapsed since the applicant last submitted a background check to the board. An applicant's 
303.10 	criminal background check results are valid for one year from the date the background check 
303.11 	results were received by the board. If more than one year has elapsed since the results were 
303.12 	received by the board, then an applicant who has not completed the licensure, reinstatement, 
303.13 	or relicensure process must complete a new background check.

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

303.15 	Sec. 20. Minnesota Statutes 2016, section 214.075, subdivision 4, is amended to read:
303.16 		Subd. 4.Refusal to consent. (a) The health-related licensing boards shall not issue a 
303.17 	license to any applicant who refuses to consent to a criminal background check or fails to 
303.18 	submit fingerprints within 90 days after submission of an application for licensure. Any 
303.19 	fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent 
303.20 	to the criminal background check or fails to submit the required fingerprints.
303.21 	(b) The failure of a licensee to submit to a criminal background check as provided in 
303.22 	subdivision 3 is grounds for disciplinary action by the respective health-related licensing 
303.23 	board.

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

303.25 	Sec. 21. Minnesota Statutes 2016, section 214.075, subdivision 5, is amended to read:
303.26 		Subd. 5.Submission of fingerprints to the Bureau of Criminal Apprehension. The 
303.27 	health-related licensing board or designee shall submit applicant or licensee fingerprints to 
303.28 	the BCA. The BCA shall perform a check for state criminal justice information and shall 
303.29 	forward the applicant's or licensee's fingerprints to the FBI to perform a check for national 
303.30 	criminal justice information regarding the applicant or licensee. The BCA shall report to 
303.31 	the board the results of the state and national criminal justice information history records
303.32 	checks.

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

304.2 	Sec. 22. Minnesota Statutes 2016, section 214.075, subdivision 6, is amended to read:
304.3 		Subd. 6.Alternatives to fingerprint-based criminal background checks. The 
304.4 	health-related licensing board may require an alternative method of criminal history checks 
304.5 	for an applicant or licensee who has submitted at least three two sets of fingerprints in 
304.6 	accordance with this section that have been unreadable by the BCA or the FBI.

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

304.8 	Sec. 23. Minnesota Statutes 2016, section 214.077, is amended to read:
304.9 	214.077 TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF SERIOUS 
304.10 	HARM.
304.11 	(a) Notwithstanding any provision of a health-related professional practice act, when a 
304.12 	health-related licensing board receives a complaint regarding a regulated person and has 
304.13 	probable cause to believe that the regulated person has violated a statute or rule that the 
304.14 	health-related licensing board is empowered to enforce, and continued practice by the 
304.15 	regulated person presents an imminent risk of serious harm, the health-related licensing 
304.16 	board shall issue an order temporarily suspending the regulated person's authority to practice. 
304.17 	The temporary suspension order shall specify the reason for the suspension, including the 
304.18 	statute or rule alleged to have been violated. The temporary suspension order shall take 
304.19 	effect upon personal service on the regulated person or the regulated person's attorney, or 
304.20 	upon the third calendar day after the order is served by first class mail to the most recent 
304.21 	address provided to the health-related licensing board for the regulated person or the regulated 
304.22 	person's attorney.
304.23 	(b) The temporary suspension shall remain in effect until the health-related licensing 
304.24 	board or the commissioner completes an investigation, holds a contested case hearing 
304.25 	pursuant to the Administrative Procedure Act, and issues a final order in the matter as 
304.26 	provided for in this section.
304.27 	(c) At the time it issues the temporary suspension order, the health-related licensing 
304.28 	board shall schedule a contested case hearing, on the merits of whether discipline is 
304.29 	warranted, to be held pursuant to the Administrative Procedure Act. The regulated person 
304.30 	shall be provided with at least ten days' notice of any contested case hearing held pursuant 
304.31 	to this section. The contested case hearing shall be scheduled to begin no later than 30 days 
304.32 	after the effective service of the temporary suspension order.
305.1 	(d) The administrative law judge presiding over the contested case hearing shall issue 
305.2 	a report and recommendation to the health-related licensing board no later than 30 days 
305.3 	after the final day of the contested case hearing. If the administrative law judge's report and 
305.4 	recommendations are for no action, the health-related licensing board shall issue a final 
305.5 	order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative 
305.6 	law judge's report and recommendations. If the administrative law judge's report and 
305.7 	recommendations are for action, the health-related licensing board shall issue a final order 
305.8 	pursuant to sections 14.61 and 14.62 within 60 days of receipt of the administrative law 
305.9 	judge's report and recommendations. Except as provided in paragraph (e), if the health-related 
305.10 	licensing board has not issued a final order pursuant to sections 14.61 and 14.62 within 30 
305.11 	days of receipt of the administrative law judge's report and recommendations for no action 
305.12 	or within 60 days of receipt of the administrative law judge's report and recommendations 
305.13 	for action, the temporary suspension shall be lifted.
305.14 	(e) If the regulated person requests a delay in the contested case proceedings provided 
305.15 	for in paragraphs (c) and (d) for any reason, the temporary suspension shall remain in effect 
305.16 	until the health-related licensing board issues a final order pursuant to sections 14.61 and 
305.17 	14.62.
305.18 	(f) This section shall not apply to the Office of Unlicensed Complementary and 
305.19 	Alternative Health Practice established under section 146A.02. The commissioner of health 
305.20 	shall conduct temporary suspensions for complementary and alternative health care 
305.21 	practitioners in accordance with section 146A.09.

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

305.23 	Sec. 24. Minnesota Statutes 2016, section 214.10, subdivision 8, is amended to read:
305.24 		Subd. 8.Special requirements for health-related licensing boards. In addition to the 
305.25 	provisions of this section that apply to all examining and licensing boards, the requirements 
305.26 	in this subdivision apply to all health-related licensing boards, except the Board of Veterinary 
305.27 	Medicine.
305.28 	(a) If the executive director or consulted board member determines that a communication 
305.29 	received alleges a violation of statute or rule that involves sexual contact with a patient or 
305.30 	client, the communication shall be forwarded to the designee of the attorney general for an 
305.31 	investigation of the facts alleged in the communication. If, after an investigation it is the 
305.32 	opinion of the executive director or consulted board member that there is sufficient evidence 
305.33 	to justify disciplinary action, the board shall conduct a disciplinary conference or hearing. 
305.34 	If, after a hearing or disciplinary conference the board determines that misconduct involving 
306.1 	sexual contact with a patient or client occurred, the board shall take disciplinary action. 
306.2 	Notwithstanding subdivision 2, a board may not attempt to correct improper activities or 
306.3 	redress grievances through education, conciliation, and persuasion, unless in the opinion of 
306.4 	the executive director or consulted board member there is insufficient evidence to justify 
306.5 	disciplinary action. The board may settle a case by stipulation prior to, or during, a hearing 
306.6 	if the stipulation provides for disciplinary action.
306.7 	(b) A board member who has a direct current or former financial connection or 
306.8 	professional relationship to a person who is the subject of board disciplinary activities must 
306.9 	not participate in board activities relating to that case.
306.10 	(c) Each health-related licensing board shall establish procedures for exchanging 
306.11 	information with other Minnesota state boards, agencies, and departments responsible for 
306.12 	regulating health-related occupations, facilities, and programs, and for coordinating 
306.13 	investigations involving matters within the jurisdiction of more than one regulatory body. 
306.14 	The procedures must provide for the forwarding to other regulatory bodies of all information 
306.15 	and evidence, including the results of investigations, that are relevant to matters within that 
306.16 	licensing body's regulatory jurisdiction. Each health-related licensing board shall have access 
306.17 	to any data of the Department of Human Services relating to a person subject to the 
306.18 	jurisdiction of the licensing board. The data shall have the same classification under chapter 
306.19 	13, the Minnesota Government Data Practices Act, in the hands of the agency receiving the 
306.20 	data as it had in the hands of the Department of Human Services.
306.21 	(d) Each health-related licensing board shall establish procedures for exchanging 
306.22 	information with other states regarding disciplinary actions against licensees. The procedures 
306.23 	must provide for the collection of information from other states about disciplinary actions 
306.24 	taken against persons who are licensed to practice in Minnesota or who have applied to be 
306.25 	licensed in this state and the dissemination of information to other states regarding 
306.26 	disciplinary actions taken in Minnesota. In addition to any authority in chapter 13 permitting 
306.27 	the dissemination of data, the board may, in its discretion, disseminate data to other states 
306.28 	regardless of its classification under chapter 13. Criminal history record information shall 
306.29 	not be exchanged. Before transferring any data that is not public, the board shall obtain 
306.30 	reasonable assurances from the receiving state that the data will not be made public.

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

307.1 	Sec. 25. Minnesota Statutes 2016, section 214.12, is amended by adding a subdivision to 
307.2 	read:
307.3 		Subd. 6.Opioid and controlled substances prescribing. (a) The Board of Medical 
307.4 	Practice, the Board of Nursing, the Board of Dentistry, the Board of Optometry, and the 
307.5 	Board of Podiatric Medicine shall require that licensees with the authority to prescribe 
307.6 	controlled substances obtain at least two hours of continuing education credit on best practices 
307.7 	in prescribing opioids and controlled substances, as part of the continuing education 
307.8 	requirements for licensure renewal. Licensees shall not be required to complete more than 
307.9 	two credit hours of continuing education on best practices in prescribing opioids and 
307.10 	controlled substances before this subdivision expires. Continuing education credit on best 
307.11 	practices in prescribing opioids and controlled substances must meet board requirements.
307.12 	(b) This subdivision expires January 1, 2023.

307.13 	EFFECTIVE DATE. This section is effective January 1, 2019.

307.14 	Sec. 26. Minnesota Statutes 2017 Supplement, section 245G.22, subdivision 2, is amended 
307.15 	to read:
307.16 		Subd. 2.Definitions. (a) For purposes of this section, the terms defined in this subdivision 
307.17 	have the meanings given them.
307.18 	(b) "Diversion" means the use of a medication for the treatment of opioid addiction being 
307.19 	diverted from intended use of the medication.
307.20 	(c) "Guest dose" means administration of a medication used for the treatment of opioid 
307.21 	addiction to a person who is not a client of the program that is administering or dispensing 
307.22 	the medication.
307.23 	(d) "Medical director" means a physician licensed to practice medicine in the jurisdiction 
307.24 	that the opioid treatment program is located who assumes responsibility for administering 
307.25 	all medical services performed by the program, either by performing the services directly 
307.26 	or by delegating specific responsibility to (1) authorized program physicians and; (2) 
307.27 	advanced practice registered nurses, when approved by variance by the State Opioid 
307.28 	Treatment Authority under section 254A.03 and the federal Substance Abuse and Mental 
307.29 	Health Services Administration; or (3) health care professionals functioning under the 
307.30 	medical director's direct supervision.
307.31 	(e) "Medication used for the treatment of opioid use disorder" means a medication 
307.32 	approved by the Food and Drug Administration for the treatment of opioid use disorder.
308.1 	(f) "Minnesota health care programs" has the meaning given in section 256B.0636.
308.2 	(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations, 
308.3 	title 42, section 8.12, and includes programs licensed under this chapter.
308.4 	(h) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605, 
308.5 	subpart 21a.
308.6 	(i) "Unsupervised use" means the use of a medication for the treatment of opioid use 
308.7 	disorder dispensed for use by a client outside of the program setting.

308.8 	Sec. 27. Minnesota Statutes 2016, section 256.975, subdivision 7b, is amended to read:
308.9 		Subd. 7b.Exemptions and emergency admissions. (a) Exemptions from the federal 
308.10 	screening requirements outlined in subdivision 7a, paragraphs (b) and (c), are limited to:
308.11 	(1) a person who, having entered an acute care facility from a certified nursing facility, 
308.12 	is returning to a certified nursing facility; or
308.13 	(2) a person transferring from one certified nursing facility in Minnesota to another 
308.14 	certified nursing facility in Minnesota.
308.15 	(b) Persons who are exempt from preadmission screening for purposes of level of care 
308.16 	determination include:
308.17 	(1) persons described in paragraph (a);
308.18 	(2) an individual who has a contractual right to have nursing facility care paid for 
308.19 	indefinitely by the Veterans Administration;
308.20 	(3) an individual enrolled in a demonstration project under section 256B.69, subdivision 
308.21 	8, at the time of application to a nursing facility; and
308.22 	(4) an individual currently being served under the alternative care program or under a 
308.23 	home and community-based services waiver authorized under section 1915(c) of the federal 
308.24 	Social Security Act.
308.25 	(c) Persons admitted to a Medicaid-certified nursing facility from the community on an 
308.26 	emergency basis as described in paragraph (d) or from an acute care facility on a nonworking 
308.27 	day must be screened the first working day after admission.
308.28 	(d) Emergency admission to a nursing facility prior to screening is permitted when all 
308.29 	of the following conditions are met:
308.30 	(1) a person is admitted from the community to a certified nursing or certified boarding 
308.31 	care facility during Senior LinkAge Line nonworking hours;
309.1 	(2) a physician or advanced practice registered nurse has determined that delaying 
309.2 	admission until preadmission screening is completed would adversely affect the person's 
309.3 	health and safety;
309.4 	(3) there is a recent precipitating event that precludes the client from living safely in the 
309.5 	community, such as sustaining an injury, sudden onset of acute illness, or a caregiver's 
309.6 	inability to continue to provide care;
309.7 	(4) the attending physician or advanced practice registered nurse has authorized the 
309.8 	emergency placement and has documented the reason that the emergency placement is 
309.9 	recommended; and
309.10 	(5) the Senior LinkAge Line is contacted on the first working day following the 
309.11 	emergency admission.
309.12 	Transfer of a patient from an acute care hospital to a nursing facility is not considered 
309.13 	an emergency except for a person who has received hospital services in the following 
309.14 	situations: hospital admission for observation, care in an emergency room without hospital 
309.15 	admission, or following hospital 24-hour bed care and from whom admission is being sought 
309.16 	on a nonworking day.
309.17 	(e) A nursing facility must provide written information to all persons admitted regarding 
309.18 	the person's right to request and receive long-term care consultation services as defined in 
309.19 	section 256B.0911, subdivision 1a. The information must be provided prior to the person's 
309.20 	discharge from the facility and in a format specified by the commissioner.

309.21 	Sec. 28. Minnesota Statutes 2016, section 256B.0575, subdivision 1, is amended to read:
309.22 		Subdivision 1.Income deductions. When an institutionalized person is determined 
309.23 	eligible for medical assistance, the income that exceeds the deductions in paragraphs (a) 
309.24 	and (b) must be applied to the cost of institutional care.
309.25 	(a) The following amounts must be deducted from the institutionalized person's income 
309.26 	in the following order:
309.27 	(1) the personal needs allowance under section 256B.35 or, for a veteran who does not 
309.28 	have a spouse or child, or a surviving spouse of a veteran having no child, the amount of 
309.29 	an improved pension received from the veteran's administration not exceeding $90 per 
309.30 	month;
309.31 	(2) the personal allowance for disabled individuals under section 256B.36;
310.1 	(3) if the institutionalized person has a legally appointed guardian or conservator, five 
310.2 	percent of the recipient's gross monthly income up to $100 as reimbursement for guardianship 
310.3 	or conservatorship services;
310.4 	(4) a monthly income allowance determined under section 256B.058, subdivision 2, but 
310.5 	only to the extent income of the institutionalized spouse is made available to the community 
310.6 	spouse;
310.7 	(5) a monthly allowance for children under age 18 which, together with the net income 
310.8 	of the children, would provide income equal to the medical assistance standard for families 
310.9 	and children according to section 256B.056, subdivision 4, for a family size that includes 
310.10 	only the minor children. This deduction applies only if the children do not live with the 
310.11 	community spouse and only to the extent that the deduction is not included in the personal 
310.12 	needs allowance under section 256B.35, subdivision 1, as child support garnished under a 
310.13 	court order;
310.14 	(6) a monthly family allowance for other family members, equal to one-third of the 
310.15 	difference between 122 percent of the federal poverty guidelines and the monthly income 
310.16 	for that family member;
310.17 	(7) reparations payments made by the Federal Republic of Germany and reparations 
310.18 	payments made by the Netherlands for victims of Nazi persecution between 1940 and 1945;
310.19 	(8) all other exclusions from income for institutionalized persons as mandated by federal 
310.20 	law; and
310.21 	(9) amounts for reasonable expenses, as specified in subdivision 2, incurred for necessary 
310.22 	medical or remedial care for the institutionalized person that are recognized under state law, 
310.23 	not medical assistance covered expenses, and not subject to payment by a third party.
310.24 	For purposes of clause (6), "other family member" means a person who resides with the 
310.25 	community spouse and who is a minor or dependent child, dependent parent, or dependent 
310.26 	sibling of either spouse. "Dependent" means a person who could be claimed as a dependent 
310.27 	for federal income tax purposes under the Internal Revenue Code.
310.28 	(b) Income shall be allocated to an institutionalized person for a period of up to three 
310.29 	calendar months, in an amount equal to the medical assistance standard for a family size of 
310.30 	one if:
310.31 	(1) a physician or advanced practice registered nurse certifies that the person is expected 
310.32 	to reside in the long-term care facility for three calendar months or less;
310.33 	(2) if the person has expenses of maintaining a residence in the community; and
311.1 	(3) if one of the following circumstances apply:
311.2 	(i) the person was not living together with a spouse or a family member as defined in 
311.3 	paragraph (a) when the person entered a long-term care facility; or
311.4 	(ii) the person and the person's spouse become institutionalized on the same date, in 
311.5 	which case the allocation shall be applied to the income of one of the spouses.
311.6 	For purposes of this paragraph, a person is determined to be residing in a licensed nursing 
311.7 	home, regional treatment center, or medical institution if the person is expected to remain 
311.8 	for a period of one full calendar month or more.

311.9 	Sec. 29. Minnesota Statutes 2016, section 256B.0595, subdivision 3, is amended to read:
311.10 		Subd. 3.Homestead exception to transfer prohibition. (a) An institutionalized person 
311.11 	is not ineligible for long-term care services due to a transfer of assets for less than fair market 
311.12 	value if the asset transferred was a homestead and:
311.13 	(1) title to the homestead was transferred to the individual's:
311.14 	(i) spouse;
311.15 	(ii) child who is under age 21;
311.16 	(iii) blind or permanently and totally disabled child as defined in the Supplemental 
311.17 	Security Income program;
311.18 	(iv) sibling who has equity interest in the home and who was residing in the home for 
311.19 	a period of at least one year immediately before the date of the individual's admission to 
311.20 	the facility; or
311.21 	(v) son or daughter who was residing in the individual's home for a period of at least 
311.22 	two years immediately before the date the individual became an institutionalized person, 
311.23 	and who provided care to the individual that, as certified by the individual's attending 
311.24 	physician or advanced practice registered nurse, permitted the individual to reside at home 
311.25 	rather than receive care in an institution or facility;
311.26 	(2) a satisfactory showing is made that the individual intended to dispose of the homestead 
311.27 	at fair market value or for other valuable consideration; or
311.28 	(3) the local agency grants a waiver of a penalty resulting from a transfer for less than 
311.29 	fair market value because denial of eligibility would cause undue hardship for the individual, 
311.30 	based on imminent threat to the individual's health and well-being. Whenever an applicant 
311.31 	or recipient is denied eligibility because of a transfer for less than fair market value, the 
312.1 	local agency shall notify the applicant or recipient that the applicant or recipient may request 
312.2 	a waiver of the penalty if the denial of eligibility will cause undue hardship. With the written 
312.3 	consent of the individual or the personal representative of the individual, a long-term care 
312.4 	facility in which an individual is residing may file an undue hardship waiver request, on 
312.5 	behalf of the individual who is denied eligibility for long-term care services on or after July 
312.6 	1, 2006, due to a period of ineligibility resulting from a transfer on or after February 8, 
312.7 	2006. In evaluating a waiver, the local agency shall take into account whether the individual 
312.8 	was the victim of financial exploitation, whether the individual has made reasonable efforts 
312.9 	to recover the transferred property or resource, and other factors relevant to a determination 
312.10 	of hardship. If the local agency does not approve a hardship waiver, the local agency shall 
312.11 	issue a written notice to the individual stating the reasons for the denial and the process for 
312.12 	appealing the local agency's decision.
312.13 	(b) When a waiver is granted under paragraph (a), clause (3), a cause of action exists 
312.14 	against the person to whom the homestead was transferred for that portion of long-term 
312.15 	care services provided within:
312.16 	(1) 30 months of a transfer made on or before August 10, 1993;
312.17 	(2) 60 months if the homestead was transferred after August 10, 1993, to a trust or portion 
312.18 	of a trust that is considered a transfer of assets under federal law;
312.19 	(3) 36 months if transferred in any other manner after August 10, 1993, but prior to 
312.20 	February 8, 2006; or
312.21 	(4) 60 months if the homestead was transferred on or after February 8, 2006,
312.22 	or the amount of the uncompensated transfer, whichever is less, together with the costs 
312.23 	incurred due to the action.

312.24 	Sec. 30. Minnesota Statutes 2016, section 256B.0625, subdivision 2, is amended to read:
312.25 		Subd. 2.Skilled and intermediate nursing care. (a) Medical assistance covers skilled 
312.26 	nursing home services and services of intermediate care facilities, including training and 
312.27 	habilitation services, as defined in section 252.41, subdivision 3, for persons with 
312.28 	developmental disabilities who are residing in intermediate care facilities for persons with 
312.29 	developmental disabilities. Medical assistance must not be used to pay the costs of nursing 
312.30 	care provided to a patient in a swing bed as defined in section 144.562, unless (1) the facility 
312.31 	in which the swing bed is located is eligible as a sole community provider, as defined in 
312.32 	Code of Federal Regulations, title 42, section 412.92, or the facility is a public hospital 
312.33 	owned by a governmental entity with 15 or fewer licensed acute care beds; (2) the Centers 
313.1 	for Medicare and Medicaid Services approves the necessary state plan amendments; (3) the 
313.2 	patient was screened as provided by law; (4) the patient no longer requires acute care 
313.3 	services; and (5) no nursing home beds are available within 25 miles of the facility. The 
313.4 	commissioner shall exempt a facility from compliance with the sole community provider 
313.5 	requirement in clause (1) if, as of January 1, 2004, the facility had an agreement with the 
313.6 	commissioner to provide medical assistance swing bed services.
313.7 	(b) Medical assistance also covers up to ten days of nursing care provided to a patient 
313.8 	in a swing bed if: (1) the patient's physician or advanced practice registered nurse certifies 
313.9 	that the patient has a terminal illness or condition that is likely to result in death within 30 
313.10 	days and that moving the patient would not be in the best interests of the patient and patient's 
313.11 	family; (2) no open nursing home beds are available within 25 miles of the facility; and (3) 
313.12 	no open beds are available in any Medicare hospice program within 50 miles of the facility. 
313.13 	The daily medical assistance payment for nursing care for the patient in the swing bed is 
313.14 	the statewide average medical assistance skilled nursing care per diem as computed annually 
313.15 	by the commissioner on July 1 of each year.

313.16 	Sec. 31. Minnesota Statutes 2016, section 259.24, subdivision 2, is amended to read:
313.17 		Subd. 2.Parents, guardian. If an unmarried parent who consents to the adoption of a 
313.18 	child is under 18 years of age, the consent of the minor parent's parents or guardian, if any, 
313.19 	also shall be required; if either or both the parents are disqualified for any of the reasons 
313.20 	enumerated in subdivision 1, the consent of such parent shall be waived, and the consent 
313.21 	of the guardian only shall be sufficient; and, if there be neither parent nor guardian qualified 
313.22 	to give such consent, the consent may be given by the commissioner. The agency overseeing 
313.23 	the adoption proceedings shall ensure that the minor parent is offered the opportunity to 
313.24 	consult with an attorney, a member of the clergy or, a physician, or an advanced practice 
313.25 	registered nurse before consenting to adoption of the child. The advice or opinion of the 
313.26 	attorney, clergy member or, physician, or advanced practice registered nurse shall not be 
313.27 	binding on the minor parent. If the minor parent cannot afford the cost of consulting with 
313.28 	an attorney, a member of the clergy or, a physician, or an advanced practice registered nurse, 
313.29 	the county shall bear that cost.

313.30 	Sec. 32. Minnesota Statutes 2017 Supplement, section 260C.007, subdivision 6, is amended 
313.31 	to read:
313.32 		Subd. 6.Child in need of protection or services. "Child in need of protection or 
313.33 	services" means a child who is in need of protection or services because the child:
314.1 	(1) is abandoned or without parent, guardian, or custodian;
314.2 	(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, 
314.3 	subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in 
314.4 	subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or 
314.5 	would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child 
314.6 	abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as 
314.7 	defined in subdivision 15;
314.8 	(3) is without necessary food, clothing, shelter, education, or other required care for the 
314.9 	child's physical or mental health or morals because the child's parent, guardian, or custodian 
314.10 	is unable or unwilling to provide that care;
314.11 	(4) is without the special care made necessary by a physical, mental, or emotional 
314.12 	condition because the child's parent, guardian, or custodian is unable or unwilling to provide 
314.13 	that care;
314.14 	(5) is medically neglected, which includes, but is not limited to, the withholding of 
314.15 	medically indicated treatment from an infant with a disability with a life-threatening 
314.16 	condition. The term "withholding of medically indicated treatment" means the failure to 
314.17 	respond to the infant's life-threatening conditions by providing treatment, including 
314.18 	appropriate nutrition, hydration, and medication which, in the treating physician's or 
314.19 	physicians' advanced practice registered nurse's reasonable medical judgment, will be most 
314.20 	likely to be effective in ameliorating or correcting all conditions, except that the term does 
314.21 	not include the failure to provide treatment other than appropriate nutrition, hydration, or 
314.22 	medication to an infant when, in the treating physician's or physicians' advanced practice 
314.23 	registered nurse's reasonable medical judgment:
314.24 	(i) the infant is chronically and irreversibly comatose;
314.25 	(ii) the provision of the treatment would merely prolong dying, not be effective in 
314.26 	ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 
314.27 	futile in terms of the survival of the infant; or
314.28 	(iii) the provision of the treatment would be virtually futile in terms of the survival of 
314.29 	the infant and the treatment itself under the circumstances would be inhumane;
314.30 	(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved 
314.31 	of the child's care and custody, including a child who entered foster care under a voluntary 
314.32 	placement agreement between the parent and the responsible social services agency under 
314.33 	section 260C.227;
315.1 	(7) has been placed for adoption or care in violation of law;
315.2 	(8) is without proper parental care because of the emotional, mental, or physical disability, 
315.3 	or state of immaturity of the child's parent, guardian, or other custodian;
315.4 	(9) is one whose behavior, condition, or environment is such as to be injurious or 
315.5 	dangerous to the child or others. An injurious or dangerous environment may include, but 
315.6 	is not limited to, the exposure of a child to criminal activity in the child's home;
315.7 	(10) is experiencing growth delays, which may be referred to as failure to thrive, that 
315.8 	have been diagnosed by a physician and are due to parental neglect;
315.9 	(11) is a sexually exploited youth;
315.10 	(12) has committed a delinquent act or a juvenile petty offense before becoming ten 
315.11 	years old;
315.12 	(13) is a runaway;
315.13 	(14) is a habitual truant;
315.14 	(15) has been found incompetent to proceed or has been found not guilty by reason of 
315.15 	mental illness or mental deficiency in connection with a delinquency proceeding, a 
315.16 	certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 
315.17 	proceeding involving a juvenile petty offense; or
315.18 	(16) has a parent whose parental rights to one or more other children were involuntarily 
315.19 	terminated or whose custodial rights to another child have been involuntarily transferred to 
315.20 	a relative and there is a case plan prepared by the responsible social services agency 
315.21 	documenting a compelling reason why filing the termination of parental rights petition under 
315.22 	section 260C.503, subdivision 2, is not in the best interests of the child.

315.23 	Sec. 33. Minnesota Statutes 2017 Supplement, section 364.09, is amended to read:
315.24 	364.09 EXCEPTIONS.
315.25 	(a) This chapter does not apply to the licensing process for peace officers; to law 
315.26 	enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire 
315.27 	protection agencies; to eligibility for a private detective or protective agent license; to the 
315.28 	licensing and background study process under chapters 245A and 245C; to the licensing 
315.29 	and background investigation process under chapter 240; to eligibility for school bus driver 
315.30 	endorsements; to eligibility for special transportation service endorsements; to eligibility 
315.31 	for a commercial driver training instructor license, which is governed by section 171.35 
315.32 	and rules adopted under that section; to emergency medical services personnel, or to the 
316.1 	licensing by political subdivisions of taxicab drivers, if the applicant for the license has 
316.2 	been discharged from sentence for a conviction within the ten years immediately preceding 
316.3 	application of a violation of any of the following:
316.4 	(1) sections 609.185 to 609.2114, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 
316.5 	subdivision 2 or 3; or Minnesota Statutes 2012, section 609.21;
316.6 	(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years 
316.7 	or more; or
316.8 	(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 
316.9 	the scene of an accident, or reckless or careless driving.
316.10 	This chapter also shall not apply to eligibility for juvenile corrections employment, where 
316.11 	the offense involved child physical or sexual abuse or criminal sexual conduct.
316.12 	(b) This chapter does not apply to a school district or to eligibility for a license issued 
316.13 	or renewed by the Professional Educator Licensing and Standards Board or the commissioner 
316.14 	of education.
316.15 	(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training 
316.16 	Board or the state fire marshal from recommending policies set forth in this chapter to the 
316.17 	attorney general for adoption in the attorney general's discretion to apply to law enforcement 
316.18 	or fire protection agencies.
316.19 	(d) This chapter does not apply to a license to practice medicine that has been denied or 
316.20 	revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
316.21 	(e) This chapter does not apply to any person who has been denied a license to practice 
316.22 	chiropractic or whose license to practice chiropractic has been revoked by the board in 
316.23 	accordance with section 148.10, subdivision 7.
316.24 	(f) This chapter does not apply to any license, registration, or permit that has been denied 
316.25 	or revoked by the Board of Nursing in accordance with section 148.261, subdivision 1a.
316.26 	(g) (d) This chapter does not apply to any license, registration, permit, or certificate that 
316.27 	has been denied or revoked by the commissioner of health according to section 148.5195, 
316.28 	subdivision 5; or 153A.15, subdivision 2.
316.29 	(h) (e) This chapter does not supersede a requirement under law to conduct a criminal 
316.30 	history background investigation or consider criminal history records in hiring for particular 
316.31 	types of employment.
317.1 	(f) This chapter does not apply to the licensing or registration process for, or to any 
317.2 	license, registration, or permit that has been denied or revoked by, a health licensing board 
317.3 	listed in section 214.01, subdivision 2.

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

317.5 	Sec. 34. COUNCIL OF HEALTH BOARDS WORK GROUP.
 317.6 	(a) The Council of Health Boards shall convene a work group to study and make 
317.7 	recommendations on:
317.8 	(1) increasing the use of telehealth technologies including, but not limited to, high-fidelity 
317.9 	simulation and teleconferencing to complete portions of the clinical experiences required 
317.10 	as part of postsecondary educational programs that relate to counseling. Clinical experiences 
317.11 	may include supervised practicum and internship hours. The study shall include the 
317.12 	parameters in which the proposed technology may be utilized in order to ensure that students 
317.13 	are integrating classroom theory in a lifelike clinical setting without compromising clinical 
317.14 	competency outcomes;
317.15 	(2) increasing access to telehealth technologies for use in supervision of persons 
317.16 	completing postdegree supervised practice work experience and training required for 
317.17 	licensure. The study shall include the parameters in which the proposed technology may be 
317.18 	utilized for supervision to ensure the quality and competence of the activities supervised; 
317.19 	and
317.20 	(3) increasing client access to mental health services through use of telehealth 
317.21 	technologies.
317.22 	(b) The work group must consist of representatives of:
317.23 	(1) the Boards of Psychology, Social Work, Marriage and Family Therapy, and Behavioral 
317.24 	Health and Therapy;
317.25 	(2) postsecondary educational institutions that have accredited educational programs 
317.26 	for social work, psychology, alcohol and drug counseling, marriage and family therapy, 
317.27 	and professional counseling; and
317.28 	(3) the relevant professional counseling associations, including the Minnesota Counseling 
317.29 	Association; Minnesota Psychology Association; National Association of Social Workers, 
317.30 	Minnesota chapter; Minnesota Association for Marriage and Family Therapy; and the 
317.31 	Minnesota Association of Resources for Recovery and Chemical Health.
318.1 	(c) By February 1, 2019, the council shall submit recommendations for using telehealth 
318.2 	technologies to the chairs and ranking minority members of the legislative committees with 
318.3 	jurisdiction over health occupations and higher education, and shall include a plan for 
318.4 	implementing the recommendations and any legislative changes necessary for 
318.5 	implementation.

318.6 	Sec. 35.  REPEALER.
 318.7 	Minnesota Statutes 2016, section 214.075, subdivision 8, is repealed.

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

318.9 	
ARTICLE 9318.10 	MISCELLANEOUS

318.11 	Section 1. Minnesota Statutes 2016, section 62V.05, subdivision 2, is amended to read:
318.12 		Subd. 2.Operations funding. (a) Prior to January 1, 2015, MNsure shall retain or collect 
318.13 	up to 1.5 percent of total premiums for individual and small group market health plans and 
318.14 	dental plans sold through MNsure to fund the cash reserves of MNsure, but the amount 
318.15 	collected shall not exceed a dollar amount equal to 25 percent of the funds collected under 
318.16 	section 62E.11, subdivision 6, for calendar year 2012.
318.17 	(b) Beginning January 1, 2015, MNsure shall retain or collect up to 3.5 percent of total 
318.18 	premiums for individual and small group market health plans and dental plans sold through 
318.19 	MNsure to fund the operations of MNsure, but the amount collected shall not exceed a 
318.20 	dollar amount equal to 50 percent of the funds collected under section 62E.11, subdivision 
318.21 	6, for calendar year 2012.
318.22 	(c) (a) Beginning January 1, 2016, through December 31, 2018, MNsure shall retain or 
318.23 	collect up to 3.5 percent of total premiums for individual and small group market health 
318.24 	plans and dental plans sold through MNsure to fund the operations of MNsure, but the 
318.25 	amount collected may never exceed a dollar amount greater than 100 percent of the funds 
318.26 	collected under section 62E.11, subdivision 6, for calendar year 2012.
318.27 	(d) For fiscal years 2014 and 2015, the commissioner of management and budget is 
318.28 	authorized to provide cash flow assistance of up to $20,000,000 from the special revenue 
318.29 	fund or the statutory general fund under section 16A.671, subdivision 3, paragraph (a), to 
318.30 	MNsure. Any funds provided under this paragraph shall be repaid, with interest, by June 
318.31 	30, 2015.
319.1 	(b) Beginning January 1, 2019, MNsure shall retain or collect up to two percent of total 
319.2 	premiums for individual and small group health plans and dental plans sold through MNsure 
319.3 	to fund the operations of MNsure, but the amount collected may never exceed a dollar 
319.4 	amount greater than 25 percent of the funds collected under section 62E.11, subdivision 6, 
319.5 	for calendar year 2012.
319.6 	(e) (c) Funding for the operations of MNsure shall cover any compensation provided to 
319.7 	navigators participating in the navigator program.
319.8 	(d) Interagency agreements between MNsure and the Department of Human Services, 
319.9 	and the Public Assistance Cost Allocation Plan for the Department of Human Services, 
319.10 	shall not be modified to reflect any changes to the percentage of premiums that MNsure is 
319.11 	allowed to retain or collect under this section, and no additional funding shall be transferred 
319.12 	from the Department of Human Services to MNsure as a result of any changes to the 
319.13 	percentage of premiums that MNsure is allowed to retain or collect under this section.

319.14 	Sec. 2. Minnesota Statutes 2016, section 62V.05, subdivision 5, is amended to read:
319.15 		Subd. 5.Health carrier and health plan requirements; participation. (a) Beginning 
319.16 	January 1, 2015, the board may establish certification requirements for health carriers and 
319.17 	health plans to be offered through MNsure that satisfy federal requirements under section 
319.18 	1311(c)(1) of the Affordable Care Act, Public Law 111-148 United States Code, title 42, 
319.19 	section 18031(c)(1).
319.20 	(b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory 
319.21 	requirements that:
319.22 	(1) apply uniformly to all health carriers and health plans in the individual market;
319.23 	(2) apply uniformly to all health carriers and health plans in the small group market; and
319.24 	(3) satisfy minimum federal certification requirements under section 1311(c)(1) of the 
319.25 	Affordable Care Act, Public Law 111-148 United States Code, title 42, section 18031(c)(1).
319.26 	(c) In accordance with section 1311(e) of the Affordable Care Act, Public Law 111-148
319.27 	United States Code, title 42, section 18031(e), the board shall establish policies and 
319.28 	procedures for certification and selection of health plans to be offered as qualified health 
319.29 	plans through MNsure. The board shall certify and select a health plan as a qualified health 
319.30 	plan to be offered through MNsure, if:
319.31 	(1) the health plan meets the minimum certification requirements established in paragraph 
319.32 	(a) or the market regulatory requirements in paragraph (b);
320.1 	(2) the board determines that making the health plan available through MNsure is in the 
320.2 	interest of qualified individuals and qualified employers;
320.3 	(3) the health carrier applying to offer the health plan through MNsure also applies to 
320.4 	offer health plans at each actuarial value level and service area that the health carrier currently 
320.5 	offers in the individual and small group markets; and
320.6 	(4) the health carrier does not apply to offer health plans in the individual and small 
320.7 	group markets through MNsure under a separate license of a parent organization or holding 
320.8 	company under section 60D.15, that is different from what the health carrier offers in the 
320.9 	individual and small group markets outside MNsure.
320.10 	(d) In determining the interests of qualified individuals and employers under paragraph 
320.11 	(c), clause (2), the board may not exclude a health plan for any reason specified under section 
320.12 	1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148 United States Code, title 
320.13 	42, section 18031(e)(1)(B). The board may consider:
320.14 	(1) affordability;
320.15 	(2) quality and value of health plans;
320.16 	(3) promotion of prevention and wellness;
320.17 	(4) promotion of initiatives to reduce health disparities;
320.18 	(5) market stability and adverse selection;
320.19 	(6) meaningful choices and access;
320.20 	(7) alignment and coordination with state agency and private sector purchasing strategies 
320.21 	and payment reform efforts; and
320.22 	(8) other criteria that the board determines appropriate.
320.23 	(e) A health plan that meets the minimum certification requirements under paragraph 
320.24 	(c) and United States Code, title 42, section 18031(c)(1), and any regulations and guidance 
320.25 	issued under that section, is deemed to be in the interest of qualified individuals and qualified 
320.26 	employers. The board shall not establish certification requirements for health carriers and 
320.27 	health plans for participation in MNsure that are in addition to the certification requirements 
320.28 	under paragraph (c) and United States Code, title 42, section 18031(c)(1), and any regulations 
320.29 	and guidance issued under that section. The board shall not determine the cost of, cost-sharing 
320.30 	elements of, or benefits provided in health plans sold through MNsure.
320.31 	(e) (f) For qualified health plans offered through MNsure on or after January 1, 2015, 
320.32 	the board shall establish policies and procedures under paragraphs (c) and (d) for selection 
321.1 	of health plans to be offered as qualified health plans through MNsure by February 1 of 
321.2 	each year, beginning February 1, 2014. The board shall consistently and uniformly apply 
321.3 	all policies and procedures and any requirements, standards, or criteria to all health carriers 
321.4 	and health plans. For any policies, procedures, requirements, standards, or criteria that are 
321.5 	defined as rules under section 14.02, subdivision 4, the board may use the process described 
321.6 	in subdivision 9.
321.7 	(f) For 2014, the board shall not have the power to select health carriers and health plans 
321.8 	for participation in MNsure. The board shall permit all health plans that meet the certification 
321.9 	requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148, to 
321.10 	be offered through MNsure.
321.11 	(g) Under this subdivision, the board shall have the power to verify that health carriers 
321.12 	and health plans are properly certified to be eligible for participation in MNsure.
321.13 	(h) The board has the authority to decertify health carriers and health plans that fail to 
321.14 	maintain compliance with section 1311(c)(1) of the Affordable Care Act, Public Law 111-148
321.15 	United States Code, title 42, section 18031(c)(1).
321.16 	(i) For qualified health plans offered through MNsure beginning January 1, 2015, health 
321.17 	carriers must use the most current addendum for Indian health care providers approved by 
321.18 	the Centers for Medicare and Medicaid Services and the tribes as part of their contracts with 
321.19 	Indian health care providers. MNsure shall comply with all future changes in federal law 
321.20 	with regard to health coverage for the tribes.

321.21 	Sec. 3. Minnesota Statutes 2016, section 62V.05, subdivision 10, is amended to read:
321.22 		Subd. 10.Limitations; risk-bearing. (a) The board shall not bear insurance risk or enter 
321.23 	into any agreement with health care providers to pay claims.
321.24 	(b) Nothing in this subdivision shall prevent MNsure from providing insurance for its 
321.25 	employees.
321.26 	(c) The commissioner of human services shall not bear insurance risk or enter into any 
321.27 	agreement with providers to pay claims for any health coverage administered by the 
321.28 	commissioner that is made available for purchase through the MNsure Web site as an 
321.29 	alternative to purchasing a qualifying health plan through MNsure or an individual health 
321.30 	plan offered outside of MNsure.
321.31 	(d) Nothing in this subdivision shall prohibit:
322.1 	(1) the commissioner of human services from administering the medical assistance 
322.2 	program under chapter 256B and the MinnesotaCare program under chapter 256L, as long 
322.3 	as health coverage under these programs is not purchased by the individual through the 
322.4 	MNsure Web site; and
322.5 	(2) employees of the Department of Human Services from obtaining insurance from the 
322.6 	state employee group insurance program.

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

322.8 	Sec. 4. Minnesota Statutes 2016, section 169.345, subdivision 2, is amended to read:
322.9 		Subd. 2.Definitions. (a) For the purpose of section 168.021 and this section, the following 
322.10 	terms have the meanings given them in this subdivision.
322.11 	(b) "Health professional" means a licensed physician, licensed physician assistant, 
322.12 	advanced practice registered nurse, licensed physical therapist, or licensed chiropractor.
322.13 	(c) "Long-term certificate" means a certificate issued for a period greater than 12 months 
322.14 	but not greater than 71 months.
322.15 	(d) "Organization certificate" means a certificate issued to an entity other than a natural 
322.16 	person for a period of three years.
322.17 	(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the 
322.18 	certificate referred to in subdivision 3, while the application is being processed.
322.19 	(f) "Physically disabled person" means a person who:
322.20 	(1) because of disability cannot walk without significant risk of falling;
322.21 	(2) because of disability cannot walk 200 feet without stopping to rest;
322.22 	(3) because of disability cannot walk without the aid of another person, a walker, a cane, 
322.23 	crutches, braces, a prosthetic device, or a wheelchair;
322.24 	(4) is restricted by a respiratory disease to such an extent that the person's forced 
322.25 	(respiratory) expiratory volume for one second, when measured by spirometry, is less than 
322.26 	one liter;
322.27 	(5) has an arterial oxygen tension (PaO2) of less than 60 mm/Hg on room air at rest;
322.28 	(6) uses portable oxygen;
323.1 	(7) has a cardiac condition to the extent that the person's functional limitations are 
323.2 	classified in severity as class III or class IV according to standards set by the American 
323.3 	Heart Association;
323.4 	(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or
323.5 	(9) has a disability that would be aggravated by walking 200 feet under normal 
323.6 	environmental conditions to an extent that would be life threatening.
323.7 	(g) "Short-term certificate" means a certificate issued for a period greater than six months 
323.8 	but not greater than 12 months.
323.9 	(h) "Six-year certificate" means a certificate issued for a period of six years.
323.10 	(i) "Temporary certificate" means a certificate issued for a period not greater than six 
323.11 	months.

323.12 	Sec. 5. Minnesota Statutes 2016, section 243.166, subdivision 4b, is amended to read:
323.13 		Subd. 4b.Health care facility; notice of status. (a) For the purposes of this subdivision,:
323.14 	(1) "health care facility" means a facility:
323.15 	(1)(i) licensed by the commissioner of health as a hospital, boarding care home or 
323.16 	supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter 
323.17 	144A;
323.18 	(2)(ii) registered by the commissioner of health as a housing with services establishment 
323.19 	as defined in section 144D.01; or
323.20 	(3) (iii) licensed by the commissioner of human services as a residential facility under 
323.21 	chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency 
323.22 	treatment to adults, or residential services to persons with disabilities; and
323.23 	(2) "home care provider" has the meaning given in section 144A.43.
323.24 	(b) Prior to admission to a health care facility or home care services from a home care 
323.25 	provider, a person required to register under this section shall disclose to:
323.26 	(1) the health care facility employee or the home care provider processing the admission 
323.27 	the person's status as a registered predatory offender under this section; and
323.28 	(2) the person's corrections agent, or if the person does not have an assigned corrections 
323.29 	agent, the law enforcement authority with whom the person is currently required to register, 
323.30 	that inpatient admission will occur.
324.1 	(c) A law enforcement authority or corrections agent who receives notice under paragraph 
324.2 	(b) or who knows that a person required to register under this section is planning to be 
324.3 	admitted and receive, or has been admitted and is receiving health care at a health care 
324.4 	facility or home care services from a home care provider, shall notify the administrator of 
324.5 	the facility or the home care provider and deliver a fact sheet to the administrator or provider 
324.6 	containing the following information: (1) name and physical description of the offender; 
324.7 	(2) the offender's conviction history, including the dates of conviction; (3) the risk level 
324.8 	classification assigned to the offender under section 244.052, if any; and (4) the profile of 
324.9 	likely victims.
324.10 	(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility 
324.11 	receives a fact sheet under paragraph (c) that includes a risk level classification for the 
324.12 	offender, and if the facility admits the offender, the facility shall distribute the fact sheet to 
324.13 	all residents at the facility. If the facility determines that distribution to a resident is not 
324.14 	appropriate given the resident's medical, emotional, or mental status, the facility shall 
324.15 	distribute the fact sheet to the patient's next of kin or emergency contact.
324.16 	(e) If a home care provider receives a fact sheet under paragraph (c) that includes a risk 
324.17 	level classification for the offender, the provider shall distribute the fact sheet to any 
324.18 	individual who will provide direct services to the offender before the individual begins to 
324.19 	provide the service.

324.20 	Sec. 6. HUMAN SERVICES DEPARTMENT RESTRUCTURING WORKING 
324.21 	GROUP.
 324.22 		Subdivision 1.Establishment; membership. (a) A working group to consider 
324.23 	restructuring the Department of Human Services is established.
324.24 	(b) The working group shall include 17 members as follows:
324.25 	(1) two members of the house of representatives, one appointed by the speaker of the 
324.26 	house and one appointed by the minority leader of the house of representatives;
324.27 	(2) two members of the senate, one appointed by the senate majority leader and one 
324.28 	appointed by the senate minority leader;
324.29 	(3) the legislative auditor or a designee;
324.30 	(4) the commissioner of administration or a designee;
324.31 	(5) two representatives from county social services agencies, appointed by the 
324.32 	commissioner of human services;
325.1 	(6) two representatives from tribal social services agencies, appointed by the 
325.2 	commissioner of human services;
325.3 	(7) two representatives from organizations that represent people served by programs 
325.4 	administered by the Department of Human Services, appointed by the commissioner of 
325.5 	human services;
325.6 	(8) two representatives from organizations that represent service providers that are either 
325.7 	licensed or reimbursed by the Department of Human Services, appointed by the commissioner 
325.8 	of human services;
325.9 	(9) one member representing the Cultural and Ethnic Communities Leadership Council, 
325.10 	appointed by the commissioner of human services; and
325.11 	(10) two representatives of labor organizations, who must be full-time employees of the 
325.12 	Department of Human Services working in facilities located in different geographic regions 
325.13 	of the state, appointed by the governor.
325.14 	(c) The appointing authorities under this subdivision must complete their appointments 
325.15 	no later than July 1, 2018.
325.16 		Subd. 2.Duties. The working group shall review the current structure of the Department 
325.17 	of Human Services and programs administered by that agency and propose a restructuring 
325.18 	of the agency to provide for better coordination and control of programs, accountability, 
325.19 	and continuity. In making recommendations, the working group must consider:
325.20 	(1) how human services agencies are structured in other states;
325.21 	(2) transferring duties to other state agencies;
325.22 	(3) the effect of a restructuring on clients and counties;
325.23 	(4) administrative efficiencies;
325.24 	(5) various analytical methods to evaluate efficiencies, including but not limited to 
325.25 	zero-based budgeting;
325.26 	(6) budget and policy priorities;
325.27 	(7) program funding sources;
325.28 	(8) avoiding conflicting agency roles;
325.29 	(9) the extent to which the agency should provide direct services to clients;
325.30 	(10) eliminating any duplication of services; and
326.1 	(11) staffing issues.
326.2 		Subd. 3.Meetings. The legislative auditor or a designee shall convene the first meeting 
326.3 	of the working group no later than August 1, 2018. The legislative auditor or a designee 
326.4 	shall serve as the chair of the working group. Meetings of the working group are open to 
326.5 	the public.
326.6 		Subd. 4.Compensation. Members of the working group shall serve without compensation 
326.7 	or reimbursement for expenses.
326.8 		Subd. 5.Administrative support. The Legislative Coordinating Commission shall 
326.9 	provide administrative support for the working group and arrange for meeting space.
326.10 		Subd. 6.Report. By March 1, 2019, the working group must submit a report with 
326.11 	findings, recommendations, and draft legislation to the chairs and ranking minority members 
326.12 	of the legislative committees with jurisdiction over human services policy and finance. The 
326.13 	report must include a discussion of the costs and benefits associated with any proposed 
326.14 	restructuring.
326.15 		Subd. 7.Expiration. The working group expires March 2, 2019, or the day after the 
326.16 	working group submits the report required under subdivision 6, whichever is earlier.

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

326.18 	Sec. 7. RATES FOR INDIVIDUAL MARKET HEALTH AND DENTAL PLANS 
326.19 	FOR 2019.
 326.20 	(a) Health carriers must take into account the reduction in the premium withhold 
326.21 	percentage under Minnesota Statutes, section 62V.05, subdivision 2, applicable beginning 
326.22 	in calendar year 2019 for individual market health plans and dental plans sold through 
326.23 	MNsure when setting rates for individual market health plans and dental plans for calendar 
326.24 	year 2019.
326.25 	(b) For purposes of this section, "dental plan," "health carrier," "health plan," and 
326.26 	"individual market" have the meanings given in Minnesota Statutes, section 62V.02.

326.27 	Sec. 8. COMMISSIONER OF HUMAN SERVICES CHILD CARE LICENSING 
326.28 	RULEMAKING AUTHORITY.
 326.29 	Notwithstanding any provision of law to the contrary, the commissioner of human 
326.30 	services may not adopt rules under Minnesota Statutes, chapter 14, related to family child 
326.31 	care, group family child care, or child care centers, unless otherwise expressly authorized 
327.1 	by law enacted on or after the effective date of this section. Existing statutes authorizing 
327.2 	rulemaking on these topics are no longer effective, except as necessary to support rules that 
327.3 	were adopted prior to the effective date of this section.

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

327.5 	
ARTICLE 10327.6 	FORECAST ADJUSTMENTS

327.7	Section 1. HUMAN SERVICES APPROPRIATION.
 	
327.8 	The dollar amounts shown in the columns marked "Appropriations" are added to or, if 
327.9 	shown in parentheses, are subtracted from the appropriations in Laws 2017, First Special 
327.10 	Session chapter 6, article 18, from the general fund or any fund named to the Department 
327.11 	of Human Services for the purposes specified in this article, to be available for the fiscal 
327.12 	year indicated for each purpose. The figures "2018" and "2019" used in this article mean 
327.13 	that the appropriations listed under them are available for the fiscal years ending June 30, 
327.14 	2018, or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year" 
327.15 	is fiscal year 2019. "The biennium" is fiscal years 2018 and 2019.

327.16				APPROPRIATIONS
	
327.17				Available for the Year
	
327.18				Ending June 30
	
327.19					2018
		2019

327.20
327.21	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

327.22	Subdivision 1.Total Appropriation
 	$
	(208,963,000)
	$
	(88,363,000)

327.23	Appropriations by Fund
	
327.24	General Fund
	(210,083,000)
	(103,535,000)
	
327.25
327.26	Health Care Access 
Fund
	7,620,000
	9,258,000
	
327.27	Federal TANF
	(6,500,000)
	5,914,000

327.28	Subd. 2.Forecasted Programs

327.29	(a) MFIP/DWP

327.30	Appropriations by Fund
	
327.31	General Fund
	(3,749,000)
	(11,267,000)
	
327.32	Federal TANF
	(7,418,000)
	4,565,000

327.33	(b) MFIP Child Care Assistance
		(7,995,000)
		(521,000)

328.1	(c) General Assistance
		(4,850,000)
		(3,770,000)

328.2	(d) Minnesota Supplemental Aid
		(1,179,000)
		(821,000)

328.3	(e) Housing Support
		(3,260,000)
		(3,038,000)

328.4	(f) Northstar Care for Children
		(5,168,000)
		(6,458,000)

328.5	(g) MinnesotaCare
		7,620,000
		9,258,000
	
328.6 	These appropriations are from the health care 
328.7 	access fund.

328.8	(h) Medical Assistance

328.9	Appropriations by Fund
	
328.10	General Fund
	(199,817,000)
	(106,124,000)
	
328.11
328.12	Health Care Access 
Fund
	-0-
	-0-

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

328.14	(j) CCDTF Entitlements
		15,935,000
		28,464,000

328.15	Subd. 3.Technical Activities
 		918,000
		1,349,000
	
328.16 	These appropriations are from the federal 
328.17 	TANF fund.

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

328.19 	
ARTICLE 11328.20 	HEALTH AND HUMAN SERVICES APPROPRIATIONS

328.21	Section 1. HEALTH AND HUMAN SERVICES APPROPRIATIONS.
 	
328.22 	The sums shown in the columns marked "Appropriations" are added to or, if shown in 
328.23 	parentheses, subtracted from the appropriations in Laws 2017, First Special Session chapter 
328.24 	6, article 18, to the agencies and for the purposes specified in this article. The appropriations 
328.25 	are from the general fund and are available for the fiscal years indicated for each purpose. 
328.26 	The figures "2018" and "2019" used in this article mean that the addition to or subtraction 
328.27 	from the appropriation listed under them is available for the fiscal year ending June 30, 
328.28 	2018, or June 30, 2019, respectively. Base adjustments mean the addition to or subtraction 
328.29 	from the base level adjustment set in Laws 2017, First Special Session chapter 6, article 18. 
328.30 	Supplemental appropriations and reductions to appropriations for the fiscal year ending 
328.31 	June 30, 2018, are effective the day following final enactment unless a different effective 
328.32 	date is explicit.

329.1				APPROPRIATIONS
	
329.2				Available for the Year
	
329.3				Ending June 30
	
329.4					2018
		2019

329.5
329.6	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

329.7	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	29,168,000

329.8	Subd. 2.Central Office; Operations
 		-0-
		5,778,000
	
329.9 	(a) Foster Care Recruitment Models.
329.10 	$75,000 in fiscal year 2019 is from the general 
329.11 	fund for a grant to Hennepin County to 
329.12 	establish and promote family foster care 
329.13 	recruitment models. The county shall use the 
329.14 	grant funds for the purpose of increasing foster 
329.15 	care providers through administrative 
329.16 	simplification, nontraditional recruitment 
329.17 	models, and family incentive options, and 
329.18 	develop a strategic planning model to recruit 
329.19 	family foster care providers. This is a onetime 
329.20 	appropriation.
329.21 	(b) Transfer; Advisory Council on Rare 
329.22 	Diseases. $150,000 in fiscal year 2019 is from 
329.23 	the general fund for transfer to the Board of 
329.24 	Regents of the University of Minnesota for 
329.25 	the advisory council on rare diseases under 
329.26 	Minnesota Statutes, section 137.68.
329.27 	(c) Transfer; Study and Report on Health 
329.28 	Insurance Rate Disparities between 
329.29 	Geographic Rating Areas. $251,000 in fiscal 
329.30 	year 2019 is from the general fund for transfer 
329.31 	to the Legislative Coordinating Commission 
329.32 	for the Office of the Legislative Auditor to 
330.1 	study and report on disparities between 
330.2 	geographic rating areas in individual and small 
330.3 	group market health insurance rates. This is a 
330.4 	onetime appropriation.
330.5 	(d) Substance Abuse Recovery Services 
330.6 	Provided through Minnesota Recovery 
330.7 	Corps. $450,000 in fiscal year 2019 is from 
330.8 	the general fund for transfer to 
330.9 	ServeMinnesota under Minnesota Statutes, 
330.10 	section 124D.37, for purposes of providing 
330.11 	evidenced-based substance abuse recovery 
330.12 	services through Minnesota Recovery Corps. 
330.13 	Funds shall be used to support training, 
330.14 	supervision, and deployment of AmeriCorps 
330.15 	members to serve as recovery navigators. The 
330.16 	Minnesota Commission on National and 
330.17 	Community Service shall include in the 
330.18 	commission's report to the legislature under 
330.19 	Minnesota Statutes, section 124D.385, 
330.20 	subdivision 3, an evaluation of program data 
330.21 	to determine the efficacy of the services 
330.22 	promoting sustained substance abuse recovery, 
330.23 	including but not limited to stable housing, 
330.24 	relationship-building, employment skills, or 
330.25 	a year of AmeriCorps service. This is a 
330.26 	onetime appropriation.
330.27 	(e) Base Adjustment. The general fund base 
330.28 	is increased $6,141,000 in fiscal year 2020 
330.29 	and $6,150,000 in fiscal year 2021.

330.30	Subd. 3.Central Office; Children and Families
 		-0-
		1,420,000
	
330.31 	(a) Task Force on Childhood 
330.32 	Trauma-Informed Policy and Practices.
330.33 	$55,000 in fiscal year 2019 is from the general 
330.34 	fund for the task force on childhood 
331.1 	trauma-informed policy and practices. This is 
331.2 	a onetime appropriation.
331.3 	(b) Child Welfare Training Academy.
331.4 	$786,000 in fiscal year 2019 is from the 
331.5 	general fund for the child welfare training 
331.6 	academy, which shall provide training to 
331.7 	county and tribal child welfare workers, 
331.8 	county and tribal child welfare supervisors, 
331.9 	and staff at agencies providing out-of-home 
331.10 	placement services. This is a onetime 
331.11 	appropriation.
331.12 	(c) Child Welfare Caseload Study. $400,000 
331.13 	in fiscal year 2019 is from the general fund 
331.14 	for a child welfare caseload study. This is a 
331.15 	onetime appropriation.
331.16 	(d) Minn-LInK Study. $150,000 in fiscal 
331.17 	year 2019 is from the general fund for the 
331.18 	Minn-LInK study under Minnesota Statutes, 
331.19 	section 260C.81. This is a onetime 
331.20 	appropriation.

331.21	Subd. 4.Central Office; Health Care
 		-0-
		1,836,000
	
331.22 	(a) Encounter Reporting of 340B Eligible 
331.23 	Drugs. $35,000 in fiscal year 2019 is from the 
331.24 	general fund for development of 
331.25 	recommendations for a process to identify 
331.26 	340B eligible drugs and report them at the 
331.27 	point of sale. This is a onetime appropriation.
331.28 	(b) Base Adjustment. The general fund base 
331.29 	is increased $2,235,000 in fiscal year 2020 
331.30 	and $2,255,000 in fiscal year 2021.

331.31	Subd. 5.Central Office; Continuing Care
 		-0-
		1,200,000
	
331.32 	(a) Regional Ombudsmen. $612,000 in fiscal 
331.33 	year 2019 is from the general fund to fund five 
331.34 	additional regional ombudsman in the Office 
332.1 	of Ombudsman for Long-Term Care, to 
332.2 	perform the duties in Minnesota Statutes, 
332.3 	section 256.9742.
332.4 	(b) Live Well At Home Grants. Of the fiscal 
332.5 	year 2019 general fund appropriation in Laws 
332.6 	2017, First Special Session chapter 6, article 
332.7 	18, section 2, subdivision 6: (1) $50,000 shall 
332.8 	be used to provide a live well at home grant 
332.9 	under Minnesota Statutes, section 256B.0917, 
332.10 	to an organization that provides block nurse 
332.11 	services to the elderly in the city of McGregor; 
332.12 	and (2) if an organization providing block 
332.13 	nurse services to the elderly in the city of 
332.14 	Grove City does not receive a live well at 
332.15 	home grant award by November 1, 2018, 
332.16 	$120,000 shall be used to provide a live well 
332.17 	at home grant under Minnesota Statutes, 
332.18 	section 256B.0917, to that organization.
332.19 	(c) Base Adjustment. The general fund base 
332.20 	is increased $746,000 in fiscal year 2020 and 
332.21 	$746,000 in fiscal year 2021.

332.22	Subd. 6.Central Office; Community Supports
 		-0-
		4,171,000
	
332.23 	Base Adjustment. The general fund base is 
332.24 	increased $4,139,000 in fiscal year 2020 and 
332.25 	$4,024,000 in fiscal year 2021.

332.26
332.27	Subd. 7.Forecasted Programs; Medical 
Assistance
 		-0-
		25,939,000

332.28	Subd. 8.Forecasted Programs; Alternative Care
 		-0-
		(28,000)

332.29
332.30	Subd. 9.Forecasted Programs; Chemical 
Dependency Treatment Fund
 		-0-
		(14,243,000)

332.31
332.32	Subd. 10.Grant Programs; Child and Economic 
Support Grants
 		-0-
		1,900,000
	
332.33 	(a) Community Action Grants. $750,000 in 
332.34 	fiscal year 2019 is from the general fund for 
332.35 	community action grants under Minnesota 
333.1 	Statutes, sections 256E.30 to 256E.32. This is 
333.2 	a onetime appropriation.
333.3 	(b) Mobile food shelf grants. (1) $750,000 
333.4 	in fiscal year 2019 is from the general fund 
333.5 	for mobile food shelf grants to be awarded by 
333.6 	Hunger Solutions. Of this appropriation, 
333.7 	$375,000 is for sustaining existing mobile 
333.8 	food shelf programs and $375,000 is for 
333.9 	creating new mobile food shelf programs.
333.10 	(2) Hunger Solutions shall award grants on a 
333.11 	priority basis under clause (4). A grant to 
333.12 	sustain an existing mobile food shelf program 
333.13 	shall not exceed $25,000. A grant to create a 
333.14 	new mobile food shelf program shall not 
333.15 	exceed $75,000.
333.16 	(3) An applicant for a mobile food shelf grant 
333.17 	must provide the following information to 
333.18 	Hunger Solutions:
333.19 	(i) the location of the project;
333.20 	(ii) a description of the mobile program, 
333.21 	including the program's size and scope;
333.22 	(iii) evidence regarding the unserved or 
333.23 	underserved nature of the community in which 
333.24 	the program is located;
333.25 	(iv) evidence of community support for the 
333.26 	program;
333.27 	(v) the total cost of the program;
333.28 	(vi) the amount of the grant request and how 
333.29 	funds will be used;
333.30 	(vii) sources of funding or in-kind 
333.31 	contributions for the program that may 
333.32 	supplement any grant award;
334.1 	(viii) the applicant's commitment to maintain 
334.2 	the mobile program; and
334.3 	(ix) any additional information requested by 
334.4 	Hunger Solutions.
334.5 	(4) In evaluating applications and awarding 
334.6 	grants, Hunger Solutions must give priority 
334.7 	to an applicant who:
334.8 	(i) serves unserved or underserved areas;
334.9 	(ii) creates a new mobile program or expands 
334.10 	an existing mobile program;
334.11 	(iii) serves areas where a high level of need is 
334.12 	identified;
334.13 	(iv) provides evidence of strong support for 
334.14 	the program from residents and other 
334.15 	institutions in the community;
334.16 	(v) leverages funding for the program from 
334.17 	other private and public sources; and
334.18 	(vi) commits to maintaining the program on 
334.19 	a multiyear basis.
334.20 	(5) This is a onetime appropriation.
334.21 	(c) Project Legacy. $400,000 in fiscal year 
334.22 	2019 is from the general fund for a grant to 
334.23 	Project Legacy to provide counseling and 
334.24 	outreach to youth and young adults from 
334.25 	families with a history of generational poverty. 
334.26 	Money from this appropriation must be spent 
334.27 	for mental health care, medical care, chemical 
334.28 	dependency interventions, housing, and 
334.29 	mentoring and counseling services for first 
334.30 	generation college students. This is a onetime 
334.31 	appropriation.

334.32
334.33	Subd. 11.Grant Programs; Child Mental Health 
Grants
 		-0-
		250,000
	
335.1 	School-Linked Mental Health Services 
335.2 	Delivered by Telemedicine. $250,000 in 
335.3 	fiscal year 2019 is from the general fund for 
335.4 	grants for four pilot projects to deliver 
335.5 	school-linked mental health services by 
335.6 	telemedicine. The grants are for new or 
335.7 	existing providers and must be two pilot 
335.8 	projects in greater Minnesota, one in the 
335.9 	seven-county metropolitan area excluding 
335.10 	Minneapolis and St. Paul, and one in 
335.11 	Minneapolis or St. Paul. No later than six 
335.12 	months after the funds are expended, the 
335.13 	commissioner shall report to the legislative 
335.14 	committees with jurisdiction over mental 
335.15 	health issues on the effectiveness of the pilot 
335.16 	projects. This is a onetime appropriation and 
335.17 	is available until June 30, 2021.

335.18
335.19	Subd. 12.Grant Programs; Chemical 
Dependency Treatment Support Grants
 		-0-
		945,000
	
335.20 	Student Health Initiative to Limit Opioid 
335.21 	Harm. $945,000 in fiscal year 2019 is from 
335.22 	the general fund for the student health 
335.23 	initiative to limit opioid harm. This is a 
335.24 	onetime appropriation.

335.25	Sec. 3. COMMISSIONER OF HEALTH

335.26	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	10,922,000

335.27	Appropriations by Fund
	
335.28		2018
	2019
	
335.29	General
	-0-
	10,838,000
	
335.30
335.31	State Government 
Special Revenue
	-0-
	84,000

335.32	Subd. 2.Health Improvement
 		-0-
		7,862,000
	
335.33 	(a) Health Professional Education Loan 
335.34 	Forgiveness Program. $1,000,000 in fiscal 
335.35 	year 2019 is from the general fund for the 
336.1 	health professional education loan forgiveness 
336.2 	program under Minnesota Statutes, section 
336.3 	144.1501. Of this amount, $112,000 is for 
336.4 	administration.
336.5 	(b) Transfer; Minnesota Biomedicine and 
336.6 	Bioethics Innovation Grants. $557,000 in 
336.7 	fiscal year 2019 is from the general fund for 
336.8 	transfer to the Board of Regents of the 
336.9 	University of Minnesota for Minnesota 
336.10 	biomedicine and bioethics innovation grants 
336.11 	under Minnesota Statutes, section 137.67. This 
336.12 	appropriation is available until June 30, 2021. 
336.13 	The general fund base for this program is 
336.14 	$893,000 in fiscal year 2020 and $893,000 in 
336.15 	fiscal year 2021.
336.16 	(c) Addressing Disparities in Prenatal Care 
336.17 	Access and Utilization. $613,000 in fiscal 
336.18 	year 2019 is from the general fund for grants 
336.19 	under Minnesota Statutes, section 145.928, 
336.20 	subdivision 7, paragraph (a), clause (2), to 
336.21 	decrease racial and ethnic disparities in access 
336.22 	to and utilization of high-quality prenatal care. 
336.23 	Of this amount, $113,000 is for administration. 
336.24 	This is a onetime appropriation.
336.25 	(d) Information on Congenital 
336.26 	Cytomegalovirus. $127,000 in fiscal year 
336.27 	2019 is from the general fund for the 
336.28 	development and dissemination of information 
336.29 	about congenital cytomegalovirus according 
336.30 	to Minnesota Statutes, section 144.064.
336.31 	(e) Older Adult Social Isolation Working 
336.32 	Group. $85,000 in fiscal year 2018 is from 
336.33 	the general fund for the older adult social 
336.34 	isolation working group, for costs related to 
336.35 	the salary of an independent, professional 
337.1 	facilitator, printing and duplicating costs, and 
337.2 	expenses related to meeting management for 
337.3 	the working group. This is a onetime 
337.4 	appropriation.
337.5 	(f) Transfer; Mental Health and Substance 
337.6 	Use Disorder Parity Work Group. $75,000 
337.7 	in fiscal year 2019 is from the general fund 
337.8 	for transfer to the commissioner of commerce 
337.9 	for the mental health and substance use 
337.10 	disorder parity work group. This is a onetime 
337.11 	appropriation.
337.12 	(g) The TAP Program. $10,000 in fiscal year 
337.13 	2019 is from the general fund for a grant to 
337.14 	the TAP in St. Paul to support mental health 
337.15 	in disability communities through spoken art 
337.16 	forms, community supports, and community 
337.17 	engagement. This is a onetime appropriation.
337.18 	(h) Statewide Tobacco Cessation Services.
337.19 	$291,000 in fiscal year 2019 is from the 
337.20 	general fund for statewide tobacco cessation 
337.21 	services under Minnesota Statutes, section 
337.22 	144.397. The general fund base for this 
337.23 	appropriation is $1,550,000 in fiscal year 2020 
337.24 	and $2,955,000 in fiscal year 2021.
337.25 	(i) Opioid Abuse Prevention Pilot Project.
337.26 	$2,000,000 in fiscal year 2019 is from the 
337.27 	general fund for opioid abuse prevention pilot 
337.28 	projects under Laws 2017, First Special 
337.29 	Session chapter 6, article 10, section 144. Of 
337.30 	this amount: (1) $1,400,000 is for the opioid 
337.31 	abuse prevention pilot project through CHI 
337.32 	St. Gabriel's Health Family Medical Center, 
337.33 	also known as Unity Family Health Care; and 
337.34 	(2) $600,000 is for Project Echo through CHI 
337.35 	St. Gabriel's Health Family Medical Center 
338.1 	for e-learning sessions centered around opioid 
338.2 	case management and best practices for opioid 
338.3 	abuse prevention. This is a onetime 
338.4 	appropriation.
338.5 	(j) Opioid Overdose Reduction Pilot 
338.6 	Program. $1,000,000 in fiscal year 2019 is 
338.7 	from the general fund for the opioid overdose 
338.8 	reduction pilot program, which provides grants 
338.9 	to ambulance services to fund community 
338.10 	paramedic teams. Of this amount, $112,000 
338.11 	is for administration.  This is a onetime 
338.12 	appropriation and is available until June 30, 
338.13 	2021.
338.14 	(k) Prescription Drug Deactivation and 
338.15 	Disposal Products. (1) $1,104,000 in fiscal 
338.16 	year 2019 is from the general fund to provide 
338.17 	grants to pharmacists and other prescription 
338.18 	drug dispensers, health care providers, local 
338.19 	law enforcement and emergency services 
338.20 	personnel, and local health and human services 
338.21 	departments to purchase at-home prescription 
338.22 	drug deactivation and disposal products that 
338.23 	render drugs and medications inert and 
338.24 	irretrievable. The grants must be awarded on 
338.25 	a competitive basis and targeted toward 
338.26 	geographic areas of the state with the highest 
338.27 	rates of overdose deaths. Of this amount, 
338.28 	$104,000 is for administration.
338.29 	(2) Grant recipients must provide these 
338.30 	deactivation and disposal products free of 
338.31 	charge to members of the public. Grant 
338.32 	recipients, and the vendors providing 
338.33 	deactivation and disposal products to grant 
338.34 	recipients, shall provide information necessary 
338.35 	to evaluate the effectiveness of the grant 
339.1 	program to the commissioner of health, in the 
339.2 	form and manner specified by the 
339.3 	commissioner. At a minimum, a grant 
339.4 	recipient must provide the commissioner with 
339.5 	the number of deactivation and disposal 
339.6 	products the grant recipient provided to 
339.7 	members of the public under this program, 
339.8 	and an estimate of the total number of dosages 
339.9 	that may have been deactivated and disposed 
339.10 	of using the products. The commissioner may 
339.11 	contract with a third party to conduct the 
339.12 	evaluation.
339.13 	(3) This is a onetime appropriation.
339.14 	(l) Base Adjustments. The general fund base 
339.15 	is increased $4,669,000 in fiscal year 2020 
339.16 	and $6,068,000 in fiscal year 2021.

339.17	Subd. 3.Health Protection

339.18	Appropriations by Fund
	
339.19	General
	-0-
	2,976,000
	
339.20
339.21	State Government 
Special Revenue
	-0-
	84,000
	
339.22 	(a) Technology Upgrades. $1,250,000 in 
339.23 	fiscal year 2019 is from the general fund for 
339.24 	technology upgrades at the Office of Health 
339.25 	Facility Complaints. These technology 
339.26 	upgrades must be provided by an external 
339.27 	vendor selected on a competitive basis by the 
339.28 	commissioner of administration. The 
339.29 	commissioner shall not transfer this 
339.30 	appropriation or use the appropriated funds 
339.31 	for any other purpose. This is a onetime 
339.32 	appropriation and is available until June 30, 
339.33 	2022.
339.34 	(b) Base Adjustments. The general fund base 
339.35 	is increased $980,000 in fiscal year 2020 and 
340.1 	$933,000 in fiscal year 2021. The state 
340.2 	government special revenue fund base is 
340.3 	increased $365,000 in fiscal year 2020 and 
340.4 	$77,000 in fiscal year 2021.

340.5	Sec. 4. HEALTH-RELATED BOARDS

340.6	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	224,000
	
340.7 	Unless otherwise noted, this appropriation is 
340.8 	from the state government special revenue 
340.9 	fund. The amounts that may be spent for each 
340.10 	purpose are specified in the following 
340.11 	subdivisions.

340.12	Subd. 2.Board of Dentistry
 		-0-
		13,000
	
340.13 	Base Adjustments. The state government 
340.14 	special revenue fund base is increased $5,000 
340.15 	in fiscal year 2020 and $5,000 in fiscal year 
340.16 	2021.

340.17	Subd. 3.Board of Nursing
 		-0-
		162,000
	
340.18 	(a) Nurse Licensure Compact. $157,000 in 
340.19 	fiscal year 2019 is for implementation of 
340.20 	Minnesota Statutes, section 148.2855.
340.21 	(b) Base Adjustments. The state government 
340.22 	special revenue fund base is increased by 
340.23 	$6,000 in fiscal year 2020 and $6,000 in fiscal 
340.24 	year 2021.

340.25	Subd. 4.Board of Nursing Home Administrators
 		-0-
		25,000
	
340.26 	Council of Health Boards Work Group.
340.27 	$25,000 in fiscal year 2019 is for the 
340.28 	administrative services unit to convene a 
340.29 	Council of Health Boards work group to study 
340.30 	and make recommendations on the use of 
340.31 	telehealth technologies. This is a onetime 
340.32 	appropriation.

341.1	Subd. 5.Board of Optometry
 		-0-
		5,000
	
341.2 	This is a onetime appropriation.

341.3	Subd. 6.Board of Pharmacy
 		-0-
		14,000
	
341.4 	Base Adjustments. The state government 
341.5 	special revenue fund base is increased by 
341.6 	$12,000 in fiscal year 2020 and $12,000 in 
341.7 	fiscal year 2021.

341.8	Subd. 7.Board of Podiatric Medicine
 		-0-
		5,000
	
341.9 	This is a onetime appropriation.

341.10
341.11	Sec. 5. EMERGENCY MEDICAL SERVICES 
REGULATORY BOARD
 	$
	-0-
	$
	35,000
	
341.12 	Base Adjustment. The general fund base is 
341.13 	increased by $15,000 in fiscal year 2020 only.

341.14 	Sec. 6. Minnesota Statutes 2016, section 256.01, is amended by adding a subdivision to 
341.15 	read:
341.16 		Subd. 17a.Transfers for routine administrative operations. (a) The commissioner 
341.17 	may only transfer money from the general fund to any other fund for routine administrative 
341.18 	operations and may not transfer money from the general fund to any other fund without 
341.19 	approval from the commissioner of management and budget unless specifically authorized 
341.20 	by law. If the commissioner of management and budget determines that a transfer proposed 
341.21 	by the commissioner is necessary for routine administrative operations of the Department 
341.22 	of Human Services, the commissioner may approve the transfer. If the commissioner of 
341.23 	management and budget determines that the transfer proposed by the commissioner is not 
341.24 	necessary for routine administrative operations of the Department of Human Services, the 
341.25 	commissioner may not approve the transfer unless the requirements of paragraph (b) are 
341.26 	met.
341.27 	(b) If the commissioner of management and budget determines that a transfer under 
341.28 	paragraph (a) is not necessary for routine administrative operations of the Department of 
341.29 	Human Services, the commissioner may request approval of the transfer from the Legislative 
341.30 	Advisory Commission under section 3.30. To request approval of a transfer from the 
341.31 	Legislative Advisory Commission, the commissioner must submit a request that includes 
341.32 	the amount of the transfer, the budget activity and fund from which money would be 
341.33 	transferred and the budget activity and fund to which money would be transferred, an 
342.1 	explanation of the administrative necessity of the transfer, and a statement from the 
342.2 	commissioner of management and budget explaining why the transfer is not necessary for 
342.3 	routine administrative operations of the Department of Human Services. The Legislative 
342.4 	Advisory Commission shall review the proposed transfer and make a recommendation 
342.5 	within 20 days of the request from the commissioner. If the Legislative Advisory Commission 
342.6 	makes a positive recommendation or no recommendation, the commissioner may approve 
342.7 	the transfer. If the Legislative Advisory Commission makes a negative recommendation or 
342.8 	a request for more information, the commissioner may not approve the transfer. A 
342.9 	recommendation of the Legislative Advisory Commission must be made by a majority of 
342.10 	the commission and must be made at a meeting of the commission unless a written 
342.11 	recommendation is signed by a majority of the commission members required to vote on 
342.12 	the question. If the commission makes a negative recommendation or a request for more 
342.13 	information, the commission may subsequently withdraw or change its recommendation.

342.14 	Sec. 7. Laws 2017, First Special Session chapter 6, article 18, section 3, subdivision 2, is 
342.15 	amended to read:

342.16	Subd. 2.Health Improvement

342.17	Appropriations by Fund
	
342.18	General
	81,438,000
	78,100,000
	
342.19
342.20	State Government 
Special Revenue
	6,215,000
	6,182,000
	
342.21	Health Care Access
	36,643,000
	36,258,000
	
342.22	Federal TANF
	11,713,000
	11,713,000
	
342.23 	(a) TANF Appropriations. (1) $3,579,000 
342.24 	of the TANF fund each year is for home 
342.25 	visiting and nutritional services listed under 
342.26 	Minnesota Statutes, section 145.882, 
342.27 	subdivision 7, clauses (6) and (7). Funds must 
342.28 	be distributed to community health boards 
342.29 	according to Minnesota Statutes, section 
342.30 	145A.131, subdivision 1.
342.31 	(2) $2,000,000 of the TANF fund each year 
342.32 	is for decreasing racial and ethnic disparities 
342.33 	in infant mortality rates under Minnesota 
342.34 	Statutes, section 145.928, subdivision 7.
343.1 	(3) $4,978,000 of the TANF fund each year 
343.2 	is for the family home visiting grant program 
343.3 	according to Minnesota Statutes, section 
343.4 	145A.17. $4,000,000 of the funding must be 
343.5 	distributed to community health boards 
343.6 	according to Minnesota Statutes, section 
343.7 	145A.131, subdivision 1. $978,000 of the 
343.8 	funding must be distributed to tribal 
343.9 	governments according to Minnesota Statutes, 
343.10 	section 145A.14, subdivision 2a.
343.11 	(4) $1,156,000 of the TANF fund each year 
343.12 	is for family planning grants under Minnesota 
343.13 	Statutes, section 145.925.
343.14 	(5) The commissioner may use up to 6.23 
343.15 	percent of the funds appropriated each year to 
343.16 	conduct the ongoing evaluations required 
343.17 	under Minnesota Statutes, section 145A.17, 
343.18 	subdivision 7, and training and technical 
343.19 	assistance as required under Minnesota 
343.20 	Statutes, section 145A.17, subdivisions 4 and 
343.21 	5.
343.22 	(b) TANF Carryforward. Any unexpended 
343.23 	balance of the TANF appropriation in the first 
343.24 	year of the biennium does not cancel but is 
343.25 	available for the second year.
343.26 	(c) Evidence-Based Home Visiting to 
343.27 	Pregnant Women and Families with Young 
343.28 	Children. $6,000,000 in fiscal year 2018 and 
343.29 	$6,000,000 in fiscal year 2019 are from the 
343.30 	general fund to start up or expand 
343.31 	evidence-based home visiting programs to 
343.32 	pregnant women and families with young 
343.33 	children. The commissioner shall award grants 
343.34 	to community health boards, nonprofits, or 
343.35 	tribal nations in urban and rural areas of the 
344.1 	state. Grant funds must be used to start up or 
344.2 	expand evidence-based or targeted home 
344.3 	visiting programs in the county, reservation, 
344.4 	or region to serve families, such as parents 
344.5 	with high risk or high needs, parents with a 
344.6 	history of mental illness, domestic abuse, or 
344.7 	substance abuse, or first-time mothers 
344.8 	prenatally until the child is four years of age, 
344.9 	who are eligible for medical assistance under 
344.10 	Minnesota Statutes, chapter 256B, or the 
344.11 	federal Special Supplemental Nutrition 
344.12 	Program for Women, Infants, and Children. 
344.13 	For fiscal year 2019, the commissioner shall 
344.14 	allocate at least 75 percent of the grant funds 
344.15 	not yet awarded to evidence-based home 
344.16 	visiting programs and up to 25 percent of the 
344.17 	grant funds not yet awarded to other targeted 
344.18 	home visiting programs in order to promote 
344.19 	innovation and serve high-need families. 
344.20 	Priority for grants to rural areas shall be given 
344.21 	to community health boards, nonprofits, and 
344.22 	tribal nations that expand services within 
344.23 	regional partnerships that provide the 
344.24 	evidence-based home visiting programs. This 
344.25 	funding shall only be used to supplement, not 
344.26 	to replace, funds being used for 
344.27 	evidence-based or targeted home visiting 
344.28 	services as of June 30, 2017. Up to seven 
344.29 	percent of the appropriation may be used for 
344.30 	training, technical assistance, evaluation, and 
344.31 	other costs to administer the grants. The 
344.32 	general fund base for this program is 
344.33 	$16,500,000 in fiscal year 2020 and 
344.34 	$16,500,000 in fiscal year 2021.
344.35 	(d) Safe Harbor for Sexually Exploited 
344.36 	Youth Services. $250,000 in fiscal year 2018 
345.1 	and $250,000 in fiscal year 2019 are from the 
345.2 	general fund for trauma-informed, culturally 
345.3 	specific services for sexually exploited youth. 
345.4 	Youth 24 years of age or younger are eligible 
345.5 	for services under this paragraph.
345.6 	(e) Safe Harbor Program Technical 
345.7 	Assistance and Evaluation. $200,000 in 
345.8 	fiscal year 2018 and $200,000 in fiscal year 
345.9 	2019 are from the general fund for training, 
345.10 	technical assistance, protocol implementation, 
345.11 	and evaluation activities related to the safe 
345.12 	harbor program. Of these amounts:
345.13 	(1) $90,000 each fiscal year is for providing 
345.14 	training and technical assistance to individuals 
345.15 	and organizations that provide safe harbor 
345.16 	services and receive funds for that purpose 
345.17 	from the commissioner of human services or 
345.18 	commissioner of health;
345.19 	(2) $90,000 each fiscal year is for protocol 
345.20 	implementation, which includes providing 
345.21 	technical assistance in establishing best 
345.22 	practices-based systems for effectively 
345.23 	identifying, interacting with, and referring 
345.24 	sexually exploited youth to appropriate 
345.25 	resources; and
345.26 	(3) $20,000 each fiscal year is for program 
345.27 	evaluation activities in compliance with 
345.28 	Minnesota Statutes, section 145.4718.
345.29 	(f) Promoting Safe Harbor Capacity. In 
345.30 	funding services and activities under 
345.31 	paragraphs (d) and (e), the commissioner shall 
345.32 	emphasize activities that promote 
345.33 	capacity-building and development of 
345.34 	resources in greater Minnesota.
346.1 	(g) Administration of Safe Harbor 
346.2 	Program. $60,000 in fiscal year 2018 and 
346.3 	$60,000 in fiscal year 2019 are for 
346.4 	administration of the safe harbor for sexually 
346.5 	exploited youth program.
346.6 	(h) Palliative Care Advisory Council.
346.7 	$44,000 in fiscal year 2018 and $44,000 in 
346.8 	fiscal year 2019 are from the general fund for 
346.9 	the Palliative Care Advisory Council under 
346.10 	Minnesota Statutes, section 144.059. This is 
346.11 	a onetime appropriation.
346.12 	(i) Transfer; Minnesota Biomedicine and 
346.13 	Bioethics Innovation Grants. $2,500,000 in 
346.14 	fiscal year 2018 is from the general fund for 
346.15 	transfer to the Board of Regents of the 
346.16 	University of Minnesota for Minnesota 
346.17 	biomedicine and bioethics innovation grants 
346.18 	under Minnesota Statutes, section 137.67. The 
346.19 	full amount of the appropriation is for grants, 
346.20 	and the University of Minnesota shall not use 
346.21 	any portion for administrative or monitoring 
346.22 	expenses. The steering committee of the 
346.23 	University of Minnesota and Mayo Foundation 
346.24 	partnership must submit a preliminary report 
346.25 	by April 1, 2018, and a final report by April 
346.26 	1, 2019, on all grant activities funded under 
346.27 	Minnesota Statutes, section 137.67, to the 
346.28 	chairs and ranking minority members of the 
346.29 	legislative committees with jurisdiction over 
346.30 	health and human services finance. This is a 
346.31 	onetime appropriation and is available until 
346.32 	June 30, 2021.
346.33 	(j) Statewide Strategic Plan for Victims of 
346.34 	Sex Trafficking. $73,000 in fiscal year 2018 
346.35 	is from the general fund for the development 
347.1 	of a comprehensive statewide strategic plan 
347.2 	and report to address the needs of sex 
347.3 	trafficking victims statewide. This is a onetime 
347.4 	appropriation.
347.5 	(k) Home and Community-Based Services 
347.6 	Employee Scholarship Program. $500,000 
347.7 	in fiscal year 2018 and $500,000 in fiscal year 
347.8 	2019 are from the general fund for the home 
347.9 	and community-based services employee 
347.10 	scholarship program under Minnesota Statutes, 
347.11 	section 144.1503.
347.12 	(l) Comprehensive Advanced Life Support 
347.13 	Educational Program. $100,000 in fiscal 
347.14 	year 2018 and $100,000 in fiscal year 2019 
347.15 	are from the general fund for the 
347.16 	comprehensive advanced life support 
347.17 	educational program under Minnesota Statutes, 
347.18 	section 144.6062. This is a onetime 
347.19 	appropriation.
347.20 	(m) Opioid Abuse Prevention. $1,028,000 
347.21 	in fiscal year 2018 is to establish and evaluate 
347.22 	accountable community for health opioid 
347.23 	abuse prevention pilot projects. $28,000 of 
347.24 	this amount is for administration. This is a 
347.25 	onetime appropriation and is available until 
347.26 	June 30, 2021.
347.27 	(n) Advanced Care Planning. $250,000 in 
347.28 	fiscal year 2018 and $250,000 in fiscal year 
347.29 	2019 are from the general fund for a grant to 
347.30 	a statewide advanced care planning resource 
347.31 	organization that has expertise in convening 
347.32 	and coordinating community-based strategies 
347.33 	to encourage individuals, families, caregivers, 
347.34 	and health care providers to begin 
347.35 	conversations regarding end-of-life care 
348.1 	choices that express an individual's health care 
348.2 	values and preferences and are based on 
348.3 	informed health care decisions. Of this 
348.4 	amount, $9,000 each year is for administration. 
348.5 	This is a onetime appropriation.
348.6 	(o) Health Professionals Clinical Training 
348.7 	Expansion Grant Program. $526,000 in 
348.8 	fiscal year 2018 and $526,000 in fiscal year 
348.9 	2019 are from the general fund for the primary 
348.10 	care and mental health professions clinical 
348.11 	training expansion grant program under 
348.12 	Minnesota Statutes, section 144.1505. Of this 
348.13 	amount, $26,000 each year is for 
348.14 	administration.
348.15 	(p) Federally Qualified Health Centers.
348.16 	$500,000 in fiscal year 2018 and $500,000 in 
348.17 	fiscal year 2019 are from the general fund to 
348.18 	provide subsidies to federally qualified health 
348.19 	centers under Minnesota Statutes, section 
348.20 	145.9269. This is a onetime appropriation.
348.21 	(q) Base Level Adjustments. The general 
348.22 	fund base is $87,656,000 in fiscal year 2020 
348.23 	and $87,706,000 in fiscal year 2021. The 
348.24 	health care access fund base is $36,858,000 
348.25 	in fiscal year 2020 and $36,258,000 in fiscal 
348.26 	year 2021.

348.27 	Sec. 8. Laws 2017, First Special Session chapter 6, article 18, section 16, subdivision 2, 
348.28 	is amended to read:
348.29 		Subd. 2.Administration. Subject to Minnesota Statutes, section 256.01, subdivision 
348.30 	17a, positions, salary money, and nonsalary administrative money may be transferred within 
348.31 	the Departments of Health and Human Services as the commissioners consider necessary, 
348.32 	with the advance approval of the commissioner of management and budget. The 
348.33 	commissioner shall inform the chairs and ranking minority members of the senate Health 
348.34 	and Human Services Finance and Policy Committee, the senate Human Services Reform 
349.1 	Finance and Policy Committee, and the house of representatives Health and Human Services 
349.2 	Finance Committee quarterly about transfers made under this subdivision.

349.3 	Sec. 9. TRANSFERS.
 349.4 	By June 30, 2018, the commissioner of management and budget shall transfer:
349.5 	(1) $14,000,000 from the systems operations account in the special revenue fund to the 
349.6 	general fund;
349.7 	(2) $2,000,000 from the system long-term care options product account in the special 
349.8 	revenue fund to the general fund;
349.9 	(3) $2,400,000 from the direct care and treatment special health care receipts account 
349.10 	in the special revenue fund to the general fund; and
349.11 	(4) $8,800,000 from the systems operations account in the special revenue fund to the 
349.12 	general fund.

349.13 	Sec. 10. EXPIRATION OF UNCODIFIED LANGUAGE.
 349.14 	All uncodified language contained in this article expires on June 30, 2019, unless a 
349.15 	different expiration date is explicit.

349.16 	Sec. 11. EFFECTIVE DATE.
 349.17 	This article is effective July 1, 2018, unless a different effective date is specified.

349.18 	
ARTICLE 12349.19 	TRANSPORTATION APPROPRIATIONS

349.20	Section 1. APPROPRIATIONS.
 	
349.21 	The sums shown in the column under "Appropriations" are added to the appropriations 
349.22 	in Laws 2017, First Special Session chapter 3, article 1, to the agencies and for the purposes 
349.23 	specified in this article. The appropriations are from the general fund, or another named 
349.24 	fund, and are available for the fiscal years indicated for each purpose. Amounts for "Total 
349.25 	Appropriation" and sums shown in the corresponding columns marked "Appropriations by 
349.26 	Fund" are summary only and do not have legal effect. The figures "2018" and "2019" used 
349.27 	in this article mean that the addition to the appropriation listed under them is available for 
349.28 	the fiscal year ending June 30, 2018, or June 30, 2019, respectively.

349.29				APPROPRIATIONS
	
349.30				Available for the Year
	
350.1				Ending June 30
	
350.2					2018
		2019

350.3
350.4	Sec. 2. DEPARTMENT OF 
TRANSPORTATION

350.5	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	135,539,000

350.6	Appropriations by Fund
	
350.7		2018
	2019
	
350.8	General
	-0-
	22,230,000
	
350.9	Special Revenue
	-0-
	1,550,000
	
350.10	C.S.A.H.
	-0-
	24,945,000
	
350.11	M.S.A.S.
	-0-
	6,552,000
	
350.12	Trunk Highway
	-0-
	80,750,000
	
350.13 	The appropriations in this section are to the 
350.14 	commissioner of transportation. The amounts 
350.15 	that may be spent for each purpose are 
350.16 	specified in the following subdivisions.

350.17	Subd. 2.Aeronautics
 		-0-
		3,000,000

350.18	Appropriations by Fund
	
350.19		2018
	2019
	
350.20	General
	-0-
	2,000,000
	
350.21	Airports
	-0-
	1,000,000
	
350.22 	This appropriation is for a grant to the city of 
350.23 	Rochester to acquire and install a CAT II 
350.24 	approach system at the Rochester International 
350.25 	Airport. This appropriation is available when 
350.26 	the commissioner of management and budget 
350.27 	determines that sufficient resources have been 
350.28 	committed to complete the project, as required 
350.29 	by Minnesota Statutes, section 16A.502, and 
350.30 	is available until the project is completed or 
350.31 	abandoned, subject to Minnesota Statutes, 
350.32 	section 16A.642. This is a onetime 
350.33 	appropriation.

350.34	Subd. 3.Freight Rail

350.35	(a) Freight Rail Economic Development (FRED)
		-0-
		5,000,000
	
351.1 	This appropriation is for the freight rail 
351.2 	economic development program under 
351.3 	Minnesota Statutes, section 222.505.
351.4 	The base is $2,000,000 in each of fiscal years 
351.5 	2020 and 2021.

351.6	(b) Rice Creek Railroad Bridge
		-0-
		1,550,000
	
351.7 	This appropriation is from the freight rail 
351.8 	account in the special revenue fund under the 
351.9 	freight rail economic development program 
351.10 	in Minnesota Statutes, section 222.505, for 
351.11 	the grant under section 11. This appropriation 
351.12 	is available when the commissioner of 
351.13 	management and budget determines that 
351.14 	sufficient resources have been committed to 
351.15 	complete the project, as required by Minnesota 
351.16 	Statutes, section 16A.502, and is available 
351.17 	until the project is completed or abandoned 
351.18 	subject to Minnesota Statutes, section 
351.19 	16A.642. This is a onetime appropriation.

351.20	Subd. 4.State Roads
 					
351.21 	Unless otherwise specified, the appropriations 
351.22 	in this subdivision are from the trunk highway 
351.23 	fund.

351.24	(a) Operations and Maintenance
		-0-
		11,095,000
	
351.25 	This is a onetime appropriation.

351.26	(b) Program Planning and Delivery

351.27	(1) Planning and Research
		-0-
		2,094,000
	
351.28 	If a balance remains of this appropriation, the 
351.29 	commissioner may transfer up to that amount 
351.30 	for program delivery under clause (2).
351.31 	$500,000 in the second year is to conduct a 
351.32 	study on the feasibility of an interchange at 
351.33 	marked Interstate Highway 35 and County 
352.1 	Road 9 in Rice County. At a minimum, the 
352.2 	study must include estimated construction 
352.3 	costs, traffic modeling, an environmental 
352.4 	analysis, and a potential design layout for an 
352.5 	interchange.
352.6 	$500,000 in the second year is to conduct a 
352.7 	study on the feasibility of expanding or 
352.8 	reconstructing marked Interstate Highway 94 
352.9 	from the city of St. Michael to the city of St. 
352.10 	Cloud. At a minimum, the study must include 
352.11 	traffic modeling and an environmental 
352.12 	analysis.
352.13 	This is a onetime appropriation.

352.14	(2) Program Delivery
		-0-
		13,317,000

352.15	Appropriations by Fund
	
352.16		2018
	2019
	
352.17	General
	-0-
	6,230,000
	
352.18	Trunk Highway
	-0-
	7,087,000
	
352.19 	This appropriation includes use of consultants 
352.20 	to support development and management of 
352.21 	projects. This is a onetime appropriation.
352.22 	$5,400,000 in the second year is from the 
352.23 	general fund for a grant to the city of Virginia 
352.24 	to repay loans incurred by the city for costs 
352.25 	related to utility relocation for the U.S. 
352.26 	Highway 53 project. This is a onetime 
352.27 	appropriation.
352.28 	$830,000 in the second year is from the 
352.29 	general fund for a grant to the city of Mankato 
352.30 	for a project to increase the height of a levee 
352.31 	and related construction on a segment of 
352.32 	marked Trunk Highway 169 north of the 
352.33 	Highway 14 interchange to accommodate the 
352.34 	raising of a levee. This appropriation is for the 
353.1 	local share the city of Mankato would be 
353.2 	responsible for under the state's Cost 
353.3 	Participation and Maintenance with Local 
353.4 	Units of Government Manual, or any contract 
353.5 	between the state and the city of Mankato. 
353.6 	This is a onetime appropriation and is 
353.7 	available when the commissioner of 
353.8 	management and budget determines that 
353.9 	sufficient resources have been committed to 
353.10 	complete the project, as required by Minnesota 
353.11 	Statutes, section 16A.502.

353.12	(c) State Road Construction
		-0-
		48,155,000
	
353.13 	This appropriation is for the actual 
353.14 	construction, reconstruction, and improvement 
353.15 	of trunk highways, including design-build 
353.16 	contracts, internal department costs associated 
353.17 	with delivering the construction program, 
353.18 	consultant use to support the activities, and 
353.19 	the cost of actual payments to landowners for 
353.20 	lands acquired for highway rights-of-way, 
353.21 	payment to lessees, interest subsidies, and 
353.22 	relocation expenses. This is a onetime 
353.23 	appropriation.
353.24 	For any trunk highway reconstruction or 
353.25 	resurfacing project in 2020 or 2021 that 
353.26 	includes establishment of one or more 
353.27 	temporary lanes of travel, the commissioner 
353.28 	must establish additional permanent general 
353.29 	purpose lanes for that segment if (1) the 
353.30 	project is on an Interstate Highway; (2) the 
353.31 	total project cost estimate is at least 
353.32 	$30,000,000; and (3) the annual average daily 
353.33 	traffic is at least 40,000 at any point within 
353.34 	the project limits.

353.35	(d) Corridors of Commerce
		-0-
		10,000,000
	
354.1 	This appropriation is for the corridors of 
354.2 	commerce program under Minnesota Statutes, 
354.3 	section 161.088. This is a onetime 
354.4 	appropriation.

354.5	(e) Highway Debt Service
		-0-
		2,319,000
	
354.6 	$2,319,000 in fiscal year 2019 is for transfer 
354.7 	to the state bond fund. If this appropriation is 
354.8 	insufficient to make all transfers required in 
354.9 	the year for which it is made, the 
354.10 	commissioner of management and budget must 
354.11 	transfer the deficiency amount under the 
354.12 	statutory open appropriation and notify the 
354.13 	chairs, ranking minority members, and staff 
354.14 	of the legislative committees with jurisdiction 
354.15 	over transportation finance and the chairs of 
354.16 	the senate Finance Committee and the house 
354.17 	of representatives Ways and Means Committee 
354.18 	of the amount of the deficiency. Any excess 
354.19 	appropriation cancels to the trunk highway 
354.20 	fund.

354.21	Subd. 5.Local Roads

354.22	(a) County State-Aid Roads
		-0-
		24,945,000
	
354.23 	This appropriation is from the county state-aid 
354.24 	highway fund under Minnesota Statutes, 
354.25 	sections 161.081 and 297A.815, subdivision 
354.26 	3, and Minnesota Statutes, chapter 162, and 
354.27 	is available until June 30, 2027. This is a 
354.28 	onetime appropriation.

354.29	(b) Municipal State-Aid Roads
		-0-
		6,552,000
	
354.30 	This appropriation is from the municipal 
354.31 	state-aid street fund under Minnesota Statutes, 
354.32 	chapter 162, and is available until June 30, 
354.33 	2027. This is a onetime appropriation.

354.34	(c) Small Cities Assistance
		-0-
		7,000,000
	
355.1 	This appropriation is for the small cities 
355.2 	assistance program under Minnesota Statutes, 
355.3 	section 162.145.
355.4 	The base is $8,081,000 in fiscal year 2020 and 
355.5 	$8,082,000 in fiscal year 2021.
355.6 	If a constitutional amendment that dedicates 
355.7 	revenue from the state general sales tax 
355.8 	attributable to motor vehicle repair and 
355.9 	replacement parts is ratified in 2018, the base 
355.10 	is $549,000 in fiscal year 2021 and $0 in fiscal 
355.11 	years 2022 and thereafter.

355.12	(d) Town Roads
		-0-
		2,000,000
	
355.13 	This appropriation is for town roads, to be 
355.14 	distributed in the manner provided under 
355.15 	Minnesota Statutes, section 162.081. This is 
355.16 	a onetime appropriation.

355.17	Subd. 6.Tribal Training Program
 					
355.18 	The commissioner must implement 
355.19 	interagency billing to state agencies for costs 
355.20 	related to that agency's participation in tribal 
355.21 	training activities provided by the Department 
355.22 	of Transportation.

355.23	Sec. 3. METROPOLITAN COUNCIL
 	$
	-0-
	$
	3,500,000
	
355.24 	This appropriation is for financial assistance 
355.25 	to replacement service providers under 
355.26 	Minnesota Statutes, section 473.388, for the 
355.27 	purposes of the suburb-to-suburb transit 
355.28 	project authorized under Laws 2015, chapter 
355.29 	75, article 1, section 4. Of the amount in the 
355.30 	second year, $2,500,000 is for capital 
355.31 	improvements, including bus replacement, 
355.32 	associated with the project. The replacement 
355.33 	service providers must collectively identify 
356.1 	and notify the Metropolitan Council of the 
356.2 	capital expenditures under this rider, and the 
356.3 	Metropolitan Council must allocate funds as 
356.4 	directed by the replacement service providers. 
356.5 	The council is prohibited from retaining any 
356.6 	portion of the funds under this appropriation. 
356.7 	This is a onetime appropriation.
356.8 	Notwithstanding Laws 2017, First Special 
356.9 	Session chapter 3, article 1, section 3, the base 
356.10 	is $90,747,000 in fiscal year 2020 and 
356.11 	$90,730,000 in fiscal year 2021.

356.12
356.13	Sec. 4. DEPARTMENT OF MANAGEMENT 
AND BUDGET
 	$
	9,000,000
	$
	-0-
	
356.14 	This appropriation is for reimbursement grants 
356.15 	to deputy registrars under Minnesota Statutes, 
356.16 	section 168.335, provided that the time period 
356.17 	under Minnesota Statutes, section 168.335, 
356.18 	subdivision 3, paragraph (a), clause (1), is 
356.19 	August 1, 2017, through January 31, 2018.
356.20 	$6,265,000 in the first year is from the driver 
356.21 	services operating account and $2,735,000 in 
356.22 	the first year is from the vehicle services 
356.23 	operating account.
356.24 	For the appropriation in the first year, the 
356.25 	commissioner of management and budget must 
356.26 	make efforts to reimburse deputy registrars 
356.27 	within 30 days of the effective date of this 
356.28 	section.
356.29 	The base from the general fund is $9,000,000 
356.30 	in each of fiscal years 2020 and 2021. The 
356.31 	base from the driver services operating 
356.32 	account is $0 in each of fiscal years 2020 and 
356.33 	2021. The base from the vehicle services 
357.1 	operating account is $0 in each of fiscal years 
357.2 	2020 and 2021.

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

357.4 	Sec. 5. Laws 2017, First Special Session chapter 3, article 1, section 2, subdivision 2, is 
357.5 	amended to read:

357.6	Subd. 2.Multimodal Systems
 					
357.7 	(a) Aeronautics

357.8	(1) Airport Development and Assistance
		26,001,000
		16,598,000
	
357.9 	This appropriation is from the state airports 
357.10 	fund and must be spent according to 
357.11 	Minnesota Statutes, section 360.305, 
357.12 	subdivision 4.
357.13 	Notwithstanding Minnesota Statutes, section 
357.14 	16A.28, subdivision 6, this appropriation is 
357.15 	available for five years after the year of the 
357.16 	appropriation. If the appropriation for either 
357.17 	year is insufficient, the appropriation for the 
357.18 	other year is available for it.
357.19 	$6,619,000 in the first year is for a grant to 
357.20 	the Duluth Airport Authority for 
357.21 	improvements at the Duluth International 
357.22 	Airport and the Sky Harbor Airport in 
357.23 	accordance with Minnesota Statutes, section 
357.24 	360.017. For the purposes of this 
357.25 	appropriation, the commissioner may waive 
357.26 	the requirements of Minnesota Statutes, 
357.27 	section 360.305, subdivision 4, paragraph (b). 
357.28 	This appropriation may be used to reimburse 
357.29 	the Authority for costs incurred after March 
357.30 	1, 2015. This is a onetime appropriation.
357.31 	$2,334,000 in the first year is for a grant to 
357.32 	the city of Rochester for improvements to the 
357.33 	passenger terminal building at the Rochester 
358.1 	International Airport in accordance with 
358.2 	Minnesota Statutes, section 360.017. For the 
358.3 	purposes of this appropriation, the 
358.4 	commissioner of transportation may waive the 
358.5 	requirements of Minnesota Statutes, section 
358.6 	360.305, subdivision 4, paragraph (b). This 
358.7 	appropriation may be used to reimburse the 
358.8 	city for costs incurred after May 1, 2016. This 
358.9 	is a onetime appropriation.
358.10 	Notwithstanding Minnesota Statutes, section 
358.11 	360.017, $250,000 in the first year is for a 
358.12 	grant to the city of St. Cloud for an air 
358.13 	transport optimization planning study for the 
358.14 	St. Cloud Regional Airport. The study must 
358.15 	be comprehensive and market-based, using 
358.16 	economic development and air service 
358.17 	expertise to research, analyze, and develop 
358.18 	models and strategies that maximize the return 
358.19 	on investments made to enhance the use and 
358.20 	impact of the St. Cloud Regional Airport. By 
358.21 	January 5, 2018, the city of St. Cloud shall 
358.22 	submit a report to the governor and the 
358.23 	members and staff of the legislative 
358.24 	committees with jurisdiction over capital 
358.25 	investment, transportation, and economic 
358.26 	development with recommendations based on 
358.27 	the findings of the study. This is a onetime 
358.28 	appropriation.
358.29 	If the commissioner of transportation 
358.30 	determines that a balance remains in the state 
358.31 	airports fund following the appropriations 
358.32 	made in this article and that the appropriations 
358.33 	made are insufficient for advancing airport 
358.34 	development and assistance projects, an 
358.35 	amount necessary to advance the projects, not 
359.1 	to exceed the balance in the state airports fund, 
359.2 	is appropriated in each year to the 
359.3 	commissioner and must be spent according to 
359.4 	Minnesota Statutes, section 360.305, 
359.5 	subdivision 4. Within two weeks of a 
359.6 	determination under this contingent 
359.7 	appropriation, the commissioner of 
359.8 	transportation must notify the commissioner 
359.9 	of management and budget and the chairs, 
359.10 	ranking minority members, and staff of the 
359.11 	legislative committees with jurisdiction over 
359.12 	transportation finance concerning the funds 
359.13 	appropriated. Funds appropriated under this 
359.14 	contingent appropriation do not adjust the base 
359.15 	for fiscal years 2020 and 2021.
359.16 	The base is $15,298,000 in each of fiscal years 
359.17 	2020 and 2021.

359.18	(2) Aviation Support and Services
		6,710,000
		6,854,000

359.19	Appropriations by Fund
	
359.20		2018
	2019
	
359.21	Airports
	5,231,000
	5,231,000
	
359.22	Trunk Highway
	1,479,000
	1,623,000

359.23	(3) Civil Air Patrol
		3,580,000
		80,000
	
359.24 	This appropriation is from the state airports 
359.25 	fund for the Civil Air Patrol.
359.26 	$3,500,000 in the first year is for a grant to: 
359.27 	(1) perform site selection and analysis; (2) 
359.28 	purchase, renovate a portion of and, or
359.29 	construct an addition to the training and 
359.30 	maintenance facility located at the South St. 
359.31 	Paul airport, facilities; and to (3) furnish and 
359.32 	equip the facility facilities, including 
359.33 	communications equipment. If the Civil Air 
359.34 	Patrol purchases an existing facility, predesign 
359.35 	requirements are waived. The facilities must 
360.1 	be located at an airport in Minnesota. 
360.2 	Notwithstanding the matching requirements 
360.3 	in Minnesota Statutes, section 360.305, 
360.4 	subdivision 4, a nonstate contribution is not 
360.5 	required for this appropriation.
360.6 	Notwithstanding Minnesota Statutes, section 
360.7 	16A.28, subdivision 6, this appropriation is 
360.8 	available for five six years after the year of 
360.9 	the appropriation. This is a onetime 
360.10 	appropriation.

360.11	(b) Transit
		1,416,000
		18,268,000

360.12	Appropriations by Fund
	
360.13		2018
	2019
	
360.14	General
	570,000
	17,395,000
	
360.15	Trunk Highway
	846,000
	873,000
	
360.16 	$150,000 in each year is from the general fund 
360.17 	for grants to transportation management 
360.18 	organizations that provide services exclusively 
360.19 	or primarily in the city located along the 
360.20 	marked Interstate Highway 494 corridor 
360.21 	having the highest population as of the 
360.22 	effective date of this section. The 
360.23 	commissioner must not retain any portion of 
360.24 	the funds appropriated under this section. 
360.25 	From the appropriation in each fiscal year, the 
360.26 	commissioner must make grant payments in 
360.27 	full by July 31. Permissible uses of funds 
360.28 	under this grant include administrative 
360.29 	expenses and programming and service 
360.30 	expansion, including but not limited to 
360.31 	staffing, communications, outreach and 
360.32 	education program development, and 
360.33 	operations management. This is a onetime 
360.34 	appropriation.
361.1 	The base from the general fund is $17,245,000 
361.2 	in each year for fiscal years 2020 and 2021.

361.3	(c) Safe Routes to School
		500,000
		500,000
	
361.4 	This appropriation is from the general fund 
361.5 	for the safe routes to school program under 
361.6 	Minnesota Statutes, section 174.40.

361.7	(d) Passenger Rail
		500,000
		500,000
	
361.8 	This appropriation is from the general fund 
361.9 	for passenger rail system planning, alternatives 
361.10 	analysis, environmental analysis, design, and 
361.11 	preliminary engineering under Minnesota 
361.12 	Statutes, sections 174.632 to 174.636.
361.13 	(e) Freight

361.14	Freight and Commercial Vehicle Operations
		8,506,000
		6,578,000

361.15	Appropriations by Fund
	
361.16		2018
	2019
	
361.17	General
	3,156,000
	1,056,000
	
361.18	Trunk Highway
	5,350,000
	5,522,000
	
361.19 	$1,100,000 in the first year is from the general 
361.20 	fund for port development assistance grants 
361.21 	under Minnesota Statutes, chapter 457A, to 
361.22 	the city of Red Wing and to the Port Authority 
361.23 	of Winona. Any improvements made with the 
361.24 	proceeds of the grants must be publicly owned. 
361.25 	This is a onetime appropriation and is 
361.26 	available in the second year.
361.27 	$800,000 in each year is from the general fund 
361.28 	for additional rail safety and rail service 
361.29 	activities.
361.30 	$1,000,000 in the first year is from the general 
361.31 	fund for a grant to the city of Grand Rapids to 
361.32 	fund rail planning studies, design, and 
361.33 	preliminary engineering relating to the 
361.34 	construction of a freight rail line located in the 
362.1 	counties of Itasca, St. Louis, and Lake to serve 
362.2 	local producers and shippers. The city of 
362.3 	Grand Rapids shall collaborate with the Itasca 
362.4 	Economic Development Corporation and the 
362.5 	Itasca County Regional Railroad Authority in 
362.6 	the activities funded with the proceeds of this 
362.7 	grant. This is a onetime appropriation and is 
362.8 	available until June 30, 2019.

362.9 	Sec. 6. Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 1, is 
362.10 	amended to read:

362.12362.11
	Subdivision 1.Total Appropriation
 	$
	199,838,000
	$
	199,407,000
198,041,000

362.13	Appropriations by Fund
	
362.14		2018
	2019
	
362.15	General
	19,971,000
	14,381,000
	
362.16	Special Revenue
	63,945,000
	65,087,000
	
362.18362.17
	H.U.T.D.
	10,474,000
	10,486,000
9,120,000
	
362.19	Trunk Highway
	105,448,000
	109,453,000
	
362.20 	The appropriations in this section are to the 
362.21 	commissioner of public safety. The amounts 
362.22 	that may be spent for each purpose are 
362.23 	specified in the following subdivisions.

362.24 	Sec. 7. Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 2, is 
362.25 	amended to read:

362.26	Subd. 2.Administration and Related Services

362.27	(a) Office of Communications
		553,000
		573,000

362.28	Appropriations by Fund
	
362.29		2018
	2019
	
362.30	General
	127,000
	130,000
	
362.31	Trunk Highway
	426,000
	443,000

362.33362.32
	(b) Public Safety Support
		6,372,000
		6,569,000
5,203,000

362.34	Appropriations by Fund
	
363.1		2018
	2019
	
363.2	General
	1,225,000
	1,235,000
	
363.4363.3
	H.U.T.D.
	1,366,000
	1,366,000
-0-
	
363.5	Trunk Highway
	3,781,000
	3,968,000

363.6	(c) Public Safety Officer Survivor Benefits
		640,000
		640,000
	
363.7 	This appropriation is from the general fund 
363.8 	for payment of public safety officer survivor 
363.9 	benefits under Minnesota Statutes, section 
363.10 	299A.44.
363.11 	If the appropriation for either year is 
363.12 	insufficient, the appropriation for the other 
363.13 	year is available for it.

363.14	(d) Public Safety Officer Reimbursements
		1,367,000
		1,367,000
	
363.15 	This appropriation is from the general fund to 
363.16 	be deposited in the public safety officer's 
363.17 	benefit account. This money is available for 
363.18 	reimbursements under Minnesota Statutes, 
363.19 	section 299A.465.

363.20	(e) Soft Body Armor Reimbursements
		700,000
		700,000

363.21	Appropriations by Fund
	
363.22		2018
	2019
	
363.23	General
	600,000
	600,000
	
363.24	Trunk Highway
	100,000
	100,000
	
363.25 	This appropriation is for soft body armor 
363.26 	reimbursements under Minnesota Statutes, 
363.27 	section 299A.38.

363.28	(f) Technology and Support Service
		3,777,000
		3,814,000

363.29	Appropriations by Fund
	
363.30		2018
	2019
	
363.31	General
	1,353,000
	1,365,000
	
363.32	H.U.T.D.
	19,000
	19,000
	
363.33	Trunk Highway
	2,405,000
	2,430,000

364.1 	Sec. 8. HIGHWAY USER TAX DISTRIBUTION FUND TRANSFER.
 364.2 	$75,270,000 in fiscal year 2019 is transferred from the general fund to the commissioner 
364.3 	of transportation for deposit in the highway user tax distribution fund.

364.4 	Sec. 9. RAIL SERVICE IMPROVEMENT ACCOUNT TRANSFER.
 364.5 	On June 30, 2018, the commissioner of transportation must transfer the entire balance 
364.6 	in the rail service improvement account to the freight rail account in the special revenue 
364.7 	fund. Any encumbrance from the rail service improvement account made before the transfer 
364.8 	remains in effect from the freight rail account following the transfer.

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

364.10 	Sec. 10. DRIVER AND VEHICLE SERVICES FUND.
 364.11 	(a) On July 1, 2018, the commissioner of public safety must transfer the entire account 
364.12 	balances as follows: (1) from the driver services operating account in the special revenue 
364.13 	fund to the driver services operating account in the driver and vehicle services fund; (2) 
364.14 	from the vehicle services operating account in the special revenue fund to the vehicle services 
364.15 	operating account in the driver and vehicle services fund; and (3) from the driver and vehicle 
364.16 	services technology account in the special revenue fund to the driver and vehicle services 
364.17 	technology account in the driver and vehicle services fund.
364.18 	(b) Any encumbrance from an account identified in paragraph (a) made before the 
364.19 	transfer remains in effect from the corresponding account following the transfer.
364.20 	(c) The appropriations in fiscal year 2019 from the driver services operating account 
364.21 	and from the vehicle services operating account under Laws 2017, First Special Session 
364.22 	chapter 3, article 1, section 4, are available from the corresponding account in the driver 
364.23 	and vehicle services fund under Minnesota Statutes, sections 299A.704 and 299A.705, for 
364.24 	the purposes specified under Laws 2017, First Special Session chapter 3, article 1, section 
364.25 	4.

364.26 	Sec. 11. RICE CREEK RAILROAD BRIDGE.
 364.27 	(a) From funds specifically made available for purposes of this section, the commissioner 
364.28 	of transportation must provide a grant to Minnesota Commercial Railway Company to 
364.29 	demolish the existing railroad bridge over Rice Creek in New Brighton and to predesign, 
364.30 	design, acquire any needed right-of-way, engineer, construct, and equip a replacement 
364.31 	railroad bridge to meet the needs of the railroad operators that use the bridge.
365.1 	(b) The grant under this section is contingent on:
365.2 	(1) review and approval of the railway company's design, engineering, and plans for the 
365.3 	project by Ramsey County to ensure the project does not interfere with recreational use of 
365.4 	adjacent park property and Rice Creek, and by the Rice Creek Watershed District to ensure 
365.5 	that the project's impact on flows in the creek complies with the watershed district's adopted 
365.6 	rules. These reviews and approvals are in addition to any other reviews, permits, or approvals 
365.7 	required for the project;
365.8 	(2) Minnesota Commercial Railway Company removing all structures related to the 
365.9 	existing bridge, including any pilings, footings, or water control structures placed to protect 
365.10 	the existing bridge structures, from the Rice Creek streambed as part of the demolition and 
365.11 	removal of the existing bridge, except to the extent prohibited by a permitting authority, 
365.12 	including but not limited to the Department of Natural Resources and the United States 
365.13 	Army Corps of Engineers. The replacement bridge and structures are the property of the 
365.14 	owner of the railroad right-of-way and railroad operator, as may be arranged between them; 
365.15 	and
365.16 	(3) Minnesota Commercial Railway Company entering into an agreement with Ramsey 
365.17 	County that: (i) grants the company access to both construct and perform ongoing 
365.18 	maintenance on the bridge; and (ii) provides for repair of the county trail damaged by railway 
365.19 	maintenance work that occurred on the two years before the effective date of this section, 
365.20 	as well as immediately after  construction and any subsequent maintenance activities.
365.21 	(c) By entering into a grant agreement with the commissioner of transportation, Minnesota 
365.22 	Commercial Railway Company agrees to cooperate with the city of New Brighton and 
365.23 	Ramsey County to develop crossings and trails in or near to the railway right-of-way in the 
365.24 	city.

365.25 	Sec. 12. EFFECT OF DUPLICATE APPROPRIATIONS.
 365.26 	If an appropriation in this act is enacted more than once in the 2018 legislative session 
365.27 	for the same purpose, the appropriation must be given effect only once.

365.28 	
ARTICLE 13365.29 	TRANSPORTATION BONDS

365.30 	Section 1. BOND APPROPRIATIONS.
 365.31 	The sums shown in the column under "Appropriations" are appropriated from the bond 
365.32 	proceeds account in the trunk highway fund to the state agencies or officials indicated, to 
366.1 	be spent for public purposes. Appropriations of bond proceeds must be spent as authorized 
366.2 	by the Minnesota Constitution, articles XI and XIV. Unless otherwise specified, money 
366.3 	appropriated in this article for a capital program or project may be used to pay state agency 
366.4 	staff costs that are attributed directly to the capital program or project in accordance with 
366.5 	accounting policies adopted by the commissioner of management and budget.

366.6	SUMMARY
	
366.7	Department of Transportation
	$
	250,000,000
	
366.8	Department of Management and Budget
		250,000
	
366.9	TOTAL
	$
	250,250,000

366.10						APPROPRIATIONS

366.11
366.12	Sec. 2. DEPARTMENT OF 
TRANSPORTATION

366.13	Subdivision 1.Corridors of Commerce
 			$
	145,000,000
	
366.14 	This appropriation is to the commissioner of 
366.15 	transportation for the corridors of commerce 
366.16 	program under Minnesota Statutes, section 
366.17 	161.088.
366.18 	The commissioner may use up to 17 percent 
366.19 	of the amount for program delivery.

366.20	Subd. 2.Trunk Highway-Rail Grade Separations
 			$
	75,000,000
	
366.21 	This appropriation is to the commissioner of 
366.22 	transportation for trunk highway-rail grade 
366.23 	separation projects (1) identified as priority 
366.24 	grade separation recommendations in the final 
366.25 	report on highway-rail grade crossing 
366.26 	improvements submitted under Laws 2014, 
366.27 	chapter 312, article 10, section 10; and (2) for 
366.28 	which trunk highway bond proceeds are a 
366.29 	permissible use. The commissioner must first 
366.30 	prioritize grade separation projects that 
366.31 	eliminate a skewed intersection of two trunk 
366.32 	highways.
366.33 	If any proceeds under this subdivision remain 
366.34 	following a determination by the 
367.1 	commissioner that sufficient resources have 
367.2 	been committed to complete all eligible 
367.3 	projects, the remaining amount is available 
367.4 	for the corridors of commerce program under 
367.5 	Minnesota Statutes, section 161.088.

367.6	Subd. 3.Transportation Facilities Capital
 			$
	30,000,000
	
367.7 	This appropriation is to the commissioner of 
367.8 	transportation for the transportation facilities 
367.9 	capital program under Minnesota Statutes, 
367.10 	section 174.13.

367.11	Sec. 3. BOND SALE EXPENSES
 			$
	250,000
	
367.12 	This appropriation is to the commissioner of 
367.13 	management and budget for bond sale 
367.14 	expenses under Minnesota Statutes, sections 
367.15 	16A.641, subdivision 8, and 167.50, 
367.16 	subdivision 4.

367.17	Sec. 4. BOND SALE AUTHORIZATION.
 					
367.18 	To provide the money appropriated in this article from the bond proceeds account in the 
367.19 	trunk highway fund, the commissioner of management and budget shall sell and issue bonds 
367.20 	of the state in an amount up to $250,250,000 in the manner, upon the terms, and with the 
367.21 	effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota 
367.22 	Constitution, article XIV, section 11, at the times and in the amounts requested by the 
367.23 	commissioner of transportation. The proceeds of the bonds, except accrued interest and any 
367.24 	premium received from the sale of the bonds, must be deposited in the bond proceeds account 
367.25 	in the trunk highway fund.

367.26 	
ARTICLE 14367.27 	TRANSPORTATION POLICY AND FINANCE

367.28 	Section 1. Minnesota Statutes 2017 Supplement, section 3.972, subdivision 4, is amended 
367.29 	to read:
367.30 		Subd. 4.Certain transit financial activity reporting. (a) The legislative auditor must 
367.31 	perform a transit financial activity review of financial information for the Metropolitan 
367.32 	Council's Transportation Division and the joint powers board under section 297A.992. 
368.1 	Within 14 days of the end of each fiscal quarter,two times each year. The first report, due 
368.2 	April 1, must include the quarters ending on September 30 and December 31 of the previous 
368.3 	calendar year. The second report, due October 1, must include the quarters ending on March 
368.4 	31 and June 30 of the current year. The legislative auditor must submit the review to the 
368.5 	Legislative Audit Commission and the chairs and ranking minority members of the legislative 
368.6 	committees with jurisdiction over transportation policy and finance, finance, and ways and 
368.7 	means.
368.8 	(b) At a minimum, each transit financial activity review must include:
368.9 	(1) a summary of monthly financial statements, including balance sheets and operating 
368.10 	statements, that shows income, expenditures, and fund balance;
368.11 	(2) a list of any obligations and agreements entered into related to transit purposes, 
368.12 	whether for capital or operating, including but not limited to bonds, notes, grants, and future 
368.13 	funding commitments;
368.14 	(3) the amount of funds in clause (2) that has been committed;
368.15 	(4) independent analysis by the fiscal oversight officer of the fiscal viability of revenues 
368.16 	and fund balance compared to expenditures, taking into account:
368.17 	(i) all expenditure commitments;
368.18 	(ii) cash flow;
368.19 	(iii) sufficiency of estimated funds; and
368.20 	(iv) financial solvency of anticipated transit projects; and
368.21 	(5) a notification concerning whether the requirements under paragraph (c) have been 
368.22 	met.
368.23 	(c) The Metropolitan Council and the joint powers board under section 297A.992 must 
368.24 	produce monthly financial statements as necessary for the review under paragraph (b), 
368.25 	clause (1), and provide timely information as requested by the legislative auditor.
368.26 	(d) This subdivision expires April 15, 2023.

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

368.28 	Sec. 2. Minnesota Statutes 2016, section 13.461, is amended by adding a subdivision to 
368.29 	read:
368.30 		Subd. 33.Metropolitan Council special transportation service. Data sharing between 
368.31 	the commissioner of human services and the Metropolitan Council to administer and 
369.1 	coordinate transportation services for individuals with disabilities and elderly individuals 
369.2 	is governed by section 473.386, subdivision 9.

369.3 	EFFECTIVE DATE. This section is effective the day following final enactment and 
369.4 	applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

369.5 	Sec. 3. Minnesota Statutes 2016, section 13.6905, subdivision 3, is amended to read:
369.6 		Subd. 3.Motor vehicle registration. Various data on motor vehicle registrations are 
369.7 	classified under sections 168.327, subdivision 3, and 168.346. Use of vehicle registration 
369.8 	data is governed by section 168.345.

369.9 	Sec. 4. Minnesota Statutes 2016, section 13.72, subdivision 10, is amended to read:
369.10 		Subd. 10.Transportation service data. (a) Personal, medical, financial, familial, or 
369.11 	locational information data pertaining to applicants for or users of services providing 
369.12 	transportation for the disabled individuals with disabilities or elderly individuals are private
369.13 	data on individuals.
369.14 	(b) Private transportation service data may be disclosed between the commissioner of 
369.15 	human services and the Metropolitan Council to administer and coordinate human services 
369.16 	programs and transportation services for individuals with disabilities and elderly individuals 
369.17 	under section 473.386.

369.18 	EFFECTIVE DATE. This section is effective the day following final enactment and 
369.19 	applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

369.20 	Sec. 5. Minnesota Statutes 2017 Supplement, section 160.02, subdivision 1a, is amended 
369.21 	to read:
369.22 		Subd. 1a.Bikeway. "Bikeway" means a bicycle lane, bicycle path, shared use path, 
369.23 	bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive 
369.24 	use of bicycles or for shared use with other transportation modes has the meaning given in 
369.25 	section 169.011, subdivision 9.

369.26 	Sec. 6. Minnesota Statutes 2016, section 160.263, subdivision 2, is amended to read:
369.27 		Subd. 2.Powers of political subdivisions. (a) The governing body of any political 
369.28 	subdivision may by ordinance or resolution:
369.29 	(1) designate any roadway or shoulder or portion thereof under its jurisdiction as a 
369.30 	bicycle lane or bicycle route;
370.1 	(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path 
370.2 	provided that the designation does not destroy a pedestrian way or pedestrian access;
370.3 	(3) develop and designate bicycle paths;
370.4 	(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
370.5 	(b) A governing body may not prohibit or otherwise restrict operation of an 
370.6 	electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any bikeway, 
370.7 	roadway, or shoulder, unless the governing body determines that operation of the 
370.8 	electric-assisted bicycle is not consistent with (1) the safety or general welfare of bikeway, 
370.9 	roadway, or shoulder users; or (2) the terms of any property conveyance.
370.10 	(c) A governing body may not establish a bikeway in a segment of public road 
370.11 	right-of-way that results in elimination or relocation of any disability parking that is 
370.12 	designated under section 169.346, subdivision 2.

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

370.14 	Sec. 7. Minnesota Statutes 2016, section 160.295, subdivision 5, is amended to read:
370.15 		Subd. 5.Rural agricultural business or tourist-oriented business. (a) A rural 
370.16 	agricultural or tourist-oriented business serviced by a specific service sign must be open a 
370.17 	minimum of eight hours per day, six days per week, and 12 months per year. However,
370.18 	(b) A seasonal business may qualify if it is serviced by a specific service sign must be
370.19 	open eight hours per day and six days per week during the normal seasonal period.
370.20 	(c) A farm winery serviced by a specific service sign must:
370.21 	(1) be licensed under section 340A.315;
370.22 	(2) be licensed by the Department of Health under section 157.16 or by the commissioner 
370.23 	of agriculture under section 28A.04;
370.24 	(3) provide continuous, staffed food service operation; and
370.25 	(4) be open at least four hours per day and two days per week.

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

370.27 	Sec. 8. Minnesota Statutes 2016, section 161.115, subdivision 111, is amended to read:
370.28 		Subd. 111.Route No. 180. Beginning at a point on Route No. 392 southwest or west 
370.29 	of Ashby 3 at or near Erdahl, thence extending in a general northerly or northeasterly 
370.30 	direction to a point on Route No. 153 as herein established at or near Ashby, thence extending 
371.1 	in a northeasterly direction to a point on Route No. 181 as herein established at or near 
371.2 	Ottertail.

371.3 	Sec. 9. Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to 
371.4 	read:
371.5 		Subd. 87.Specialist Noah Pierce Bridge. The bridge on marked U.S. Highway 53 over 
371.6 	marked Trunk Highway 37 in the city of Eveleth is designated as "Specialist Noah Pierce 
371.7 	Bridge." Subject to section 161.139, the commissioner shall adopt a suitable design to mark 
371.8 	this bridge and erect appropriate signs.

371.9 	Sec. 10. Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to 
371.10 	read:
371.11 		Subd. 88.Officer Bill Mathews Memorial Highway. That segment of marked U.S. 
371.12 	Highway 12 within the city limits of Wayzata is designated as "Officer Bill Mathews 
371.13 	Memorial Highway." Subject to section 161.139, the commissioner shall adopt a suitable 
371.14 	design to mark this highway and erect appropriate signs.

371.15 	Sec. 11. Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to 
371.16 	read:
371.17 		Subd. 89.Warrant Officer Dennis A. Groth Memorial Bridge. The bridge on marked 
371.18 	U.S. Highway 52 over Dakota County State-Aid Highway 42, known as 145th Street within 
371.19 	the city of Rosemount, is designated as "Warrant Officer Dennis A. Groth Memorial Bridge." 
371.20 	Subject to section 161.139, the commissioner shall adopt a suitable design to mark the 
371.21 	bridge and erect appropriate signs.

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

371.23 	Sec. 12. Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to 
371.24 	read:
371.25 		Subd. 90.State Trooper Ray Krueger Memorial Highway. That segment of marked 
371.26 	Trunk Highway 210 within Cass County is designated as "State Trooper Ray Krueger 
371.27 	Memorial Highway." Subject to section 161.139, the commissioner shall adopt a suitable 
371.28 	design to mark this highway and erect appropriate signs in the vicinity of the location where 
371.29 	Trooper Krueger died.

372.1 	Sec. 13. Minnesota Statutes 2016, section 161.32, subdivision 2, is amended to read:
372.2 		Subd. 2.Direct negotiation. In cases where the estimated cost of construction work or 
372.3 	maintenance work does not exceed $150,000 $250,000, the commissioner may enter into 
372.4 	a contract for the work by direct negotiation, by obtaining two or more quotations for the 
372.5 	work, and without advertising for bids or otherwise complying with the requirements of 
372.6 	competitive bidding if the total contractual obligation of the state for the directly negotiated 
372.7 	contract or contracts on any single project does not exceed $150,000 $250,000. All quotations 
372.8 	obtained shall be kept on file for a period of at least one year after receipt of the quotation.

372.9 	Sec. 14. [161.369] INDIAN EMPLOYMENT PREFERENCE.
372.10 	(a) As authorized by United States Code, title 23, section 140(d), the commissioner of 
372.11 	transportation may implement an Indian employment preference for members of federally 
372.12 	recognized tribes on projects carried out under United States Code, title 23, near an Indian 
372.13 	reservation.
372.14 	(b) For purposes of this section, a project is near a reservation if: (1) the project is within 
372.15 	the distance a person seeking employment could reasonably be expected to commute to and 
372.16 	from each work day; or (2) the commissioner, in consultation with federally recognized 
372.17 	Minnesota tribes, determines a project is near an Indian reservation.

372.18 	Sec. 15. Minnesota Statutes 2016, section 168.10, subdivision 1h, is amended to read:
372.19 		Subd. 1h.Collector military vehicle. (a) A motor vehicle, including a truck, shall be 
372.20 	listed and registered under this section if it meets the following conditions:
372.21 	(1) it is at least 20 years old;
372.22 	(2) its first owner following its manufacture was a branch of the armed forces of the 
372.23 	United States and it presently conforms to the vehicle specifications required during the 
372.24 	time of military ownership, or it has been restored and presently conforms to the 
372.25 	specifications required by a branch of the armed forces for the model year that the restored 
372.26 	vehicle could have been owned by that branch of the armed forces; and
372.27 	(3) it is owned by a nonprofit organization and operated solely as a collector's vehicle. 
372.28 	For purposes of this subdivision, "nonprofit organization" means a corporation, society, 
372.29 	association, foundation, or institution organized and operated exclusively for historical or 
372.30 	educational purposes, no part of the net earnings of which inures to the benefit of a private 
372.31 	individual.
373.1 	(b) The owner of the vehicle shall execute an affidavit stating the name and address of 
373.2 	the person from whom purchased and of the new owner; the make, year, and model number 
373.3 	of the motor vehicle; the manufacturer's identification number; and the collector military 
373.4 	vehicle identification number, if any, located on the exterior of the vehicle. The affidavit 
373.5 	must affirm that the vehicle is owned by a nonprofit organization and is operated solely as 
373.6 	a collector's item and not for general transportation purposes. If the commissioner is satisfied 
373.7 	that the affidavit is true and correct and the owner pays a $25 tax and the plate fee authorized 
373.8 	under section 168.12, the commissioner shall list the vehicle for taxation and registration 
373.9 	and shall issue number plates. The number plates shall bear the inscriptions "Collector" and 
373.10 	"Minnesota" and the registration number, but no date. The number plates are valid without 
373.11 	renewal as long as the vehicle is in existence in Minnesota. The commissioner may revoke 
373.12 	the plates for failure to comply with this subdivision.
373.13 	(c) Notwithstanding section 168.09, 168.12, or other law to the contrary, the owner of 
373.14 	a registered collector military vehicle is not required to display registration plates on the 
373.15 	exterior of the vehicle if the vehicle has an exterior number identification that conforms to 
373.16 	the identifying system for military vehicles in effect when the vehicle was last owned by 
373.17 	the branch of the armed forces of the United States or in effect in the year to which the 
373.18 	collector military vehicle has been restored. However, the state registration plates must be 
373.19 	carried in or on the collector military vehicle at all times.
373.20 	(d) The owner of a registered collector military vehicle that is not required to display 
373.21 	registration plates under paragraph (c) may tow a registered trailer behind it. The trailer is 
373.22 	not required to display registration plates if the trailer:
373.23 	(1) does not exceed a gross weight of 15,000 pounds;
373.24 	(2) otherwise conforms to registration, licensing, and safety laws and specifications;
373.25 	(3) conforms to military specifications for appearance and identification;
373.26 	(4) is intended to represent and does represent a military trailer; and
373.27 	(5) carries registration plates on or in the trailer or the collector military vehicle towing 
373.28 	the trailer.
373.29 	(e) This subdivision does not apply to a decommissioned military vehicle that (1) was 
373.30 	also manufactured and sold as a comparable civilian vehicle, and (2) has the same size 
373.31 	dimensions and vehicle weight as the comparable civilian vehicle. A decommissioned 
373.32 	military vehicle under this paragraph is eligible for a motor vehicle title under chapter 168A 
374.1 	and is subject to the same registration, insurance, equipment, and operating requirements 
374.2 	as a motor vehicle.

374.3 	Sec. 16. Minnesota Statutes 2016, section 168.101, subdivision 2a, is amended to read:
374.4 		Subd. 2a.Failure to send to registrar submit within ten days. Any person who fails 
374.5 	to mail in the application for registration or transfer with appropriate taxes and fees to the
374.6 	commissioner or a deputy registrar of motor vehicles, or otherwise fails to submit said the
374.7 	forms and remittance to the registrar, within ten days following date of sale shall be is guilty 
374.8 	of a misdemeanor.

374.9 	EFFECTIVE DATE. This section is effective July 1, 2019.

374.10 	Sec. 17. Minnesota Statutes 2016, section 168.127, subdivision 6, is amended to read:
374.11 		Subd. 6.Fee. Instead of the filing fee described in section 168.33, subdivision 7, For 
374.12 	each vehicle in the fleet, the applicant for fleet registration shall pay:
374.13 	(1) the filing fee in section 168.33, subdivision 7, for transactions processed by a deputy 
374.14 	registrar; or
374.15 	(2) an equivalent administrative fee to the for transactions processed by the commissioner 
374.16 	for each vehicle in the fleet, which is imposed in lieu of but in the same amount as the filing 
374.17 	fee in section 168.33, subdivision 7.

374.18 	EFFECTIVE DATE. This section is effective July 1, 2019.

374.19 	Sec. 18. Minnesota Statutes 2016, section 168.326, is amended to read:
374.20 	168.326 EXPEDITED DRIVER AND VEHICLE SERVICES; FEE.
374.21 	(a) When an applicant requests and pays an expedited service fee of $20, in addition to 
374.22 	other specified and statutorily mandated fees and taxes, the commissioner or, if appropriate, 
374.23 	a driver's license agent or deputy registrar, shall expedite the processing of an application 
374.24 	for a driver's license, driving instruction permit, Minnesota identification card, or vehicle 
374.25 	title transaction.
374.26 	(b) A driver's license agent or deputy registrar may retain $10 of the expedited service 
374.27 	fee for each expedited service request processed by the licensing agent or deputy registrar.
374.28 	(c) When expedited service is requested, materials must be mailed or delivered to the 
374.29 	requester within three days of receipt of the expedited service fee excluding Saturdays, 
375.1 	Sundays, or the holidays listed in section 645.44, subdivision 5. The requester shall comply 
375.2 	with all relevant requirements of the requested document.
375.3 	(d) The commissioner may decline to accept an expedited service request if it is apparent 
375.4 	at the time it is made that the request cannot be granted. The commissioner must not decline 
375.5 	an expedited service request and must not prevent a driver's license agent or deputy from 
375.6 	accepting an expedited service request solely on the basis of limitations of the driver and 
375.7 	vehicle services information technology system.
375.8 	(e) The expedited service fees collected under this section for an application for a driver's 
375.9 	license, driving instruction permit, or Minnesota identification card minus any portion 
375.10 	retained by a licensing agent or deputy registrar under paragraph (b) must be paid into the 
375.11 	driver services operating account in the special revenue fund specified under section 
375.12 	299A.705.
375.13 	(f) The expedited service fees collected under this section for a transaction for a vehicle 
375.14 	service minus any portion retained by a licensing agent or deputy registrar under paragraph 
375.15 	(b) must be paid into the vehicle services operating account in the special revenue fund 
375.16 	specified under section 299A.705.

375.17 	EFFECTIVE DATE. This section is effective November 1, 2019.

375.18 	Sec. 19. Minnesota Statutes 2016, section 168.33, is amended by adding a subdivision to 
375.19 	read:
375.20 		Subd. 8b.Transactions by mail. A deputy registrar may receive motor vehicle 
375.21 	applications and submissions under this chapter and chapter 168A by mail, process the 
375.22 	transactions, and retain the appropriate filing fee under subdivision 7.

375.23 	EFFECTIVE DATE. This section is effective July 1, 2019.

375.24 	Sec. 20. [168.335] DEPUTY REGISTRAR REIMBURSEMENTS.
375.25 		Subdivision 1.Reimbursement grants. (a) By August 1 of a fiscal year in which funds 
375.26 	are specifically made available for purposes of this section, the commissioner of management 
375.27 	and budget must provide reimbursement grants to deputy registrars.
375.28 	(b) The commissioner must use existing resources to administer the reimbursements.
375.29 		Subd. 2.Eligibility. A deputy registrar office operated by the state is not eligible to 
375.30 	receive funds under this section.
376.1 		Subd. 3.Aid distribution. (a) The reimbursement grant to each deputy registrar, as 
376.2 	identified by the Driver and Vehicle Services-designated office location number, is calculated 
376.3 	as follows:
376.4 	(1) 50 percent of available funds allocated proportionally based on (i) the number of 
376.5 	transactions where a filing fee under section 168.33, subdivision 7, is retained by each 
376.6 	deputy registrar during the preceding fiscal year, compared to (ii) the total number of 
376.7 	transactions where a filing fee is retained by all deputy registrars during that time period; 
376.8 	and
376.9 	(2) 50 percent of available funds allocated proportionally based on (i) the number of 
376.10 	transactions where a filing fee is retained by each deputy registrar from July 1, 2014, through 
376.11 	June 30, 2017, compared to (ii) the total number of transactions where a filing fee is retained 
376.12 	by all deputy registrars during that time period.
376.13 	(b) For a deputy registrar appointed after July 1, 2014, the commissioner of management 
376.14 	and budget must identify whether a corresponding discontinued deputy registrar appointment 
376.15 	exists. If a corresponding discontinued deputy registrar is identified, the commissioner must 
376.16 	include the transactions of the discontinued deputy registrar in the calculations under 
376.17 	paragraph (a) for the deputy registrar appointed after July 1, 2014.
376.18 	(c) For a deputy registrar appointed after July 1, 2014, for which paragraph (b) does not 
376.19 	apply, the commissioner of management and budget must calculate that deputy registrar's 
376.20 	proportional share under paragraph (a), clause (2), based on the average number of 
376.21 	transactions where a filing fee is retained among the deputy registrars, as calculated excluding 
376.22 	any deputy registrars for which this paragraph applies.
376.23 	(d) In the calculations under paragraph (a), the commissioner of management and budget 
376.24 	must exclude transactions for (1) a deputy registrar office operated by the state, and (2) a 
376.25 	discontinued deputy registrar for which paragraph (b) does not apply.

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

376.27 	Sec. 21. Minnesota Statutes 2016, section 168.345, subdivision 2, is amended to read:
376.28 		Subd. 2.Lessees; information. The commissioner may not furnish information about 
376.29 	registered owners of passenger automobiles who are lessees under a lease for a term of 180 
376.30 	days or more to any person except the personnel of law enforcement agencies and, trade 
376.31 	associations performing a member service under section 604.15, subdivision 4a, federal, 
376.32 	state, and local governmental units, and, at the commissioner's discretion, to persons who 
376.33 	use the information to notify lessees of automobile recalls. The commissioner may release 
377.1 	information about lessees in the form of summary data, as defined in section 13.02, to 
377.2 	persons who use the information in conducting statistical analysis and market research.

377.3 	Sec. 22. Minnesota Statutes 2016, section 168A.02, subdivision 1, is amended to read:
377.4 		Subdivision 1.Application for certificate of title. (a) Except as provided in section 
377.5 	168A.03, every owner of a vehicle which is in this state and for which no currently effective 
377.6 	certificate of title has been issued in this state shall make application to the department for 
377.7 	a certificate of title of the vehicle, pursuant to rules adopted by the department under section 
377.8 	168A.24, subdivision 2, clause 3 (3).
377.9 	(b) A decommissioned military vehicle that (1) was also manufactured and sold as a 
377.10 	comparable civilian vehicle, and (2) has the same size dimensions and vehicle weight as 
377.11 	the comparable civilian vehicle, is eligible for a certificate of title under this chapter.

377.12 	Sec. 23. Minnesota Statutes 2016, section 168A.151, subdivision 1, is amended to read:
377.13 		Subdivision 1.Salvage titles. (a) When an insurer, licensed to conduct business in 
377.14 	Minnesota, acquires ownership of a late-model or high-value vehicle through payment of 
377.15 	damages, the insurer shall immediately apply for a salvage certificate of title or shall stamp 
377.16 	the existing certificate of title with the legend "SALVAGE CERTIFICATE OF TITLE" in 
377.17 	a manner prescribed by the department. Within ten days of obtaining the title of a vehicle 
377.18 	through payment of damages, an insurer must notify the department in a manner prescribed 
377.19 	by the department.
377.20 	(b) A person shall immediately apply for a salvage certificate of title if the person acquires 
377.21 	a damaged late-model or high-value vehicle with an out-of-state title and the vehicle:
377.22 	(1) is a vehicle that was acquired by an insurer through payment of damages;
377.23 	(2) is a vehicle for which the cost of repairs exceeds the value of the damaged vehicle; 
377.24 	or
377.25 	(3) has an out-of-state salvage certificate of title as proof of ownership.
377.26 	(c) A self-insured owner of a late-model or high-value vehicle that sustains damage by 
377.27 	collision or other occurrence which exceeds 80 percent of its actual cash value shall 
377.28 	immediately apply for a salvage certificate of title.

377.29 	Sec. 24. Minnesota Statutes 2016, section 168A.29, subdivision 1, is amended to read:
377.30 		Subdivision 1.Amounts. (a) The department must be paid the following fees:
378.1 	(1) for filing an application for and the issuance of an original certificate of title, the 
378.2 	sum of:
378.3 	(i) until December 31, 2016, $6.25 of which $3.25 must be paid into the vehicle services 
378.4 	operating account of the special revenue fund under section 299A.705, and from July 1, 
378.5 	2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver 
378.6 	and vehicle services technology account; and
378.7 	(ii) on and after January 1, 2017, $8.25, of which $4.15 must be paid into the vehicle 
378.8 	services operating account under section 299A.705;
378.9 	(2) for each security interest when first noted upon a certificate of title, including the 
378.10 	concurrent notation of any assignment thereof and its subsequent release or satisfaction, the 
378.11 	sum of $2, except that no fee is due for a security interest filed by a public authority under 
378.12 	section 168A.05, subdivision 8;
378.13 	(3) until December 31, 2016, for the transfer of the interest of an owner and the issuance 
378.14 	of a new certificate of title, the sum of $5.50 of which $2.50 must be paid into the vehicle 
378.15 	services operating account of the special revenue fund under section 299A.705, and from 
378.16 	July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to 
378.17 	the driver and vehicle services technology account;
378.18 	(4)(3) for each assignment of a security interest when first noted on a certificate of title, 
378.19 	unless noted concurrently with the security interest, the sum of $1; and
378.20 	(5) (4) for issuing a duplicate certificate of title, the sum of $7.25, of which $3.25 must 
378.21 	be paid into the vehicle services operating account of the special revenue fund under section 
378.22 	299A.705; from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee 
378.23 	and credited to the driver and vehicle services technology account.
378.24 	(b) In addition to the fee required under paragraph (a), clause (1), the department must 
378.25 	be paid $3.50. The additional $3.50 fee collected under this paragraph must be deposited 
378.26 	in the special revenue fund and credited to the public safety motor vehicle account established 
378.27 	in section 299A.70.

378.28 	EFFECTIVE DATE. This section is effective July 1, 2018.

378.29 	Sec. 25. Minnesota Statutes 2016, section 169.011, subdivision 5, is amended to read:
378.30 		Subd. 5.Bicycle lane. "Bicycle lane" means a portion of a roadway or shoulder designed 
378.31 	for exclusive or preferential use by persons using bicycles. Bicycle lanes are to be 
379.1 	distinguished from the portion of the roadway or shoulder used for motor vehicle traffic by 
379.2 	physical barrier, striping, marking, or other similar device.

379.3 	Sec. 26. Minnesota Statutes 2016, section 169.011, subdivision 9, is amended to read:
379.4 		Subd. 9.Bikeway. "Bikeway" means a bicycle lane, bicycle path, or bicycle route, shared 
379.5 	use path, or similar bicycle facility, regardless of whether it is designed for the exclusive 
379.6 	use of bicycles or is to be for shared use with other transportation modes.

379.7 	Sec. 27. Minnesota Statutes 2016, section 169.011, subdivision 60, is amended to read:
379.8 		Subd. 60.Railroad train. "Railroad train" means a steam engine, electric or other motor, 
379.9 	with or without cars coupled thereto, operated upon rails, except streetcars. Railroad train 
379.10 	includes on-track equipment or other rolling stock operated upon rails that activate automatic 
379.11 	railroad-highway grade crossing warning signals or gates, whether the on-track equipment 
379.12 	or rolling stock is self-propelled or coupled to another device. This definition applies only 
379.13 	to on-track equipment that activates automatic railroad-highway grade crossing warning 
379.14 	signals or gates. Equipment used on rails that does not activate automatic railroad-highway 
379.15 	grade crossing warning signals or gates is excluded from this definition, and operators must 
379.16 	exercise due regard for the safety of persons and vehicles using the railroad-highway grade 
379.17 	crossing.

379.18 	Sec. 28. Minnesota Statutes 2016, section 169.06, subdivision 4a, is amended to read:
379.19 		Subd. 4a.Obedience to work zone flagger; violation, penalty. (a) A flagger in a work 
379.20 	zone may stop vehicles and hold vehicles in place until it is safe for the vehicles to proceed. 
379.21 	A person operating a motor vehicle that has been stopped by a flagger in a work zone may 
379.22 	proceed after stopping only on instruction by the flagger or a police officer.
379.23 	(b) A person convicted of operating a motor vehicle in violation of a speed limit in a 
379.24 	work zone, or any other provision of this section while in a work zone, shall be required to
379.25 	must pay a fine of $300. This fine is in addition to the surcharge under section 357.021, 
379.26 	subdivision 6.
379.27 	(c) If a motor vehicle is operated in violation of paragraph (a), the owner of the vehicle, 
379.28 	or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor and 
379.29 	is subject to a fine as provided in paragraph (b). The owner or lessee may not be fined under 
379.30 	this paragraph if (1) another person is convicted for that violation, or (2) the motor vehicle 
379.31 	was stolen at the time of the violation. This paragraph does not apply to a lessor of a motor 
379.32 	vehicle if the lessor keeps a record of the name and address of the lessee.
380.1 	(d) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle operator 
380.2 	for violating paragraph (a).
380.3 	(e) A violation under paragraph (c) does not constitute grounds for revocation or 
380.4 	suspension of a driver's license.
380.5 	(f) A road authority or its agent must place at the site of a work zone a temporary sign 
380.6 	that meets the requirements for uniform traffic-control devices under subdivision 1. At a 
380.7 	minimum, the sign must warn motorists of fines for a violation of this subdivision and 
380.8 	identify the fine amount established in paragraph (b).

380.9 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to violations 
380.10 	that occur on or after that date.

380.11 	Sec. 29. Minnesota Statutes 2016, section 169.18, subdivision 3, is amended to read:
380.12 		Subd. 3.Passing. The following rules shall govern the overtaking and passing of vehicles 
380.13 	proceeding in the same direction, subject to the limitations, exceptions, and special rules 
380.14 	hereinafter stated:
380.15 	(1) (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction 
380.16 	shall must pass to the left thereof of the other vehicle at a safe distance and shall not again 
380.17 	drive is prohibited from returning to the right side of the roadway until safely clear of the 
380.18 	overtaken vehicle;.
380.19 	(2) (b) Except when overtaking and passing on the right is permitted, the driver of an 
380.20 	overtaken vehicle shall must give way to the right in favor of the overtaking vehicle on 
380.21 	audible warning, and shall must not increase the speed of the overtaken vehicle until 
380.22 	completely passed by the overtaking vehicle; and.
380.23 	(3) (c) The operator of a motor vehicle overtaking a bicycle or individual proceeding in 
380.24 	the same direction on the roadway shall leaveor shoulder must:
380.25 	(1) either (i) maintain a safe clearance distance while passing, but in no case less than 
380.26 	three feet clearance, when passing the bicycle or individual or one-half the width of the 
380.27 	motor vehicle, whichever is greater; or (ii) completely enter another lane of the roadway 
380.28 	while passing; and shall
380.29 	(2) maintain clearance until the motor vehicle has safely past passed the overtaken bicycle 
380.30 	or individual.

381.1 	Sec. 30. Minnesota Statutes 2016, section 169.222, subdivision 1, is amended to read:
381.2 		Subdivision 1.Traffic laws apply. (a) Every person operating a bicycle shall have has
381.3 	all of the rights and duties applicable to the driver of any other vehicle by this chapter, 
381.4 	except in respect to those provisions in this chapter relating expressly to bicycles and in 
381.5 	respect to those provisions of this chapter which by their nature cannot reasonably be applied 
381.6 	to bicycles. This subdivision applies to a bicycle operating on the shoulder of a roadway.
381.7 	(b) A person lawfully operating a bicycle (1) on a sidewalk, or (2) across a roadway or 
381.8 	shoulder on a crosswalk, has all the rights and duties applicable to a pedestrian under the 
381.9 	same circumstances.

381.10 	Sec. 31. Minnesota Statutes 2016, section 169.222, subdivision 4, is amended to read:
381.11 		Subd. 4.Riding rules. (a) Every person operating a bicycle upon a roadway shall on a 
381.12 	road must ride as close as practicable to the right-hand curb or edge of the roadway except 
381.13 	under any of the following situations road as the bicycle operator determines is safe. A 
381.14 	person operating a bicycle is not required to ride as close to the right-hand curb when:
381.15 	(1) when overtaking and passing another vehicle proceeding in the same direction;
381.16 	(2) when preparing for a left turn at an intersection or into a private road or driveway;
381.17 	(3) when reasonably necessary to avoid conditions that make it unsafe to continue along 
381.18 	the right-hand curb or edge, including fixed or moving objects, vehicles, pedestrians, animals, 
381.19 	surface hazards, or narrow width lanes, that make it unsafe to continue along the right-hand 
381.20 	curb or edge; or
381.21 	(4) when operating on the shoulder of a roadway or in a bicycle lane; or
381.22 	(5) operating in a right-hand turn lane before entering an intersection.
381.23 	(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall operator must
381.24 	travel in the same direction as adjacent vehicular traffic.
381.25 	(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two 
381.26 	abreast and shall not impede the normal and reasonable movement of traffic and, on a laned 
381.27 	roadway, shall ride within a single lane.
381.28 	(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a 
381.29 	crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal 
381.30 	when necessary before overtaking and passing any pedestrian. No person shall ride a bicycle 
381.31 	upon a sidewalk within a business district unless permitted by local authorities. Local 
382.1 	authorities may prohibit the operation of bicycles on any sidewalk or crosswalk under their 
382.2 	jurisdiction.
382.3 	(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe 
382.4 	distance when overtaking a bicycle or individual proceeding in the same direction on the 
382.5 	bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.
382.6 	(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder 
382.7 	on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same 
382.8 	circumstances.
382.9 	(g)(f) A person may operate an electric-assisted bicycle on the shoulder of a roadway, 
382.10 	on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015, 
382.11 	subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph 
382.12 	(b), as applicable.
382.13 	(g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an 
382.14 	intersection proceeding from a dedicated right-hand turn lane without turning right.

382.15 	Sec. 32. Minnesota Statutes 2016, section 169.26, subdivision 1, is amended to read:
382.16 		Subdivision 1.Requirements. (a) Except as provided in section 169.28, subdivision 1, 
382.17 	when any person driving a vehicle approaches a railroad grade crossing under any of the 
382.18 	circumstances stated in this paragraph, the driver shall stop the vehicle not less than ten feet 
382.19 	from the nearest railroad track and shall not proceed until safe to do so and until the roadway 
382.20 	is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle 
382.21 	is at least ten feet past the farthest railroad track. These requirements apply when:
382.22 	(1) a clearly visible electric or mechanical signal device warns of the immediate approach 
382.23 	of a railroad train; or
382.24 	(2) an approaching railroad train is plainly visible and is in hazardous proximity.
382.25 	(b) The fact that a moving railroad train approaching a railroad grade crossing is visible 
382.26 	from the crossing is prima facie evidence that it is not safe to proceed.
382.27 	(c) The driver of a vehicle shall stop and remain stopped and not traverse the grade 
382.28 	crossing when a human flagger signals the approach or passage of a railroad train or when 
382.29 	a crossing gate is lowered warning of the immediate approach or passage of a railroad train. 
382.30 	No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals 
382.31 	that the way is clear to proceed or drive a vehicle past a lowered crossing gate.

383.1 	Sec. 33. Minnesota Statutes 2016, section 169.28, is amended to read:
383.2 	169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.
383.3 		Subdivision 1.Requirements. (a) The driver of any motor vehicle carrying passengers 
383.4 	for hire, or of any school bus whether carrying passengers or not, or of any Head Start bus 
383.5 	whether carrying passengers or not, or of any vehicle that is required to stop at railroad 
383.6 	grade crossings under Code of Federal Regulations, title 49, section 392.10, before crossing 
383.7 	at grade any track or tracks of a railroad, shall stop the vehicle not less than 15 feet nor more 
383.8 	than 50 feet from the nearest rail of the railroad and while so stopped shall listen and look 
383.9 	in both directions along the track for any approaching railroad train, and for signals indicating 
383.10 	the approach of a railroad train, except as hereinafter otherwise provided, and in this section. 
383.11 	The driver shall not proceed until safe to do so and until the roadway is clear of traffic so 
383.12 	that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet 
383.13 	past the farthest railroad track. The driver must not shift gears while crossing the railroad 
383.14 	tracks.
383.15 	(b) A school bus or Head Start bus shall not be flagged across railroad grade crossings 
383.16 	except at those railroad grade crossings that the local school administrative officer may 
383.17 	designate.
383.18 	(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of 
383.19 	school buses to stop at railroad grade crossings.
383.20 	(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle 
383.21 	track or tracks that are located in a public street when:
383.22 	(1) the crossing occurs within the intersection of two or more public streets;
383.23 	(2) the intersection is controlled by a traffic-control signal; and
383.24 	(3) the intersection is marked with signs indicating to drivers that the requirements of 
383.25 	this subdivision do not apply. Notwithstanding any other provision of law, the owner or 
383.26 	operator of the track or tracks is authorized to place, maintain, and display the signs upon 
383.27 	and in the view of the public street or streets.
383.28 		Subd. 2.Exempt crossing. (a) The commissioner may designate a crossing as an exempt 
383.29 	crossing:
383.30 	(1) if the crossing is on a rail line on which service has been abandoned;
383.31 	(2) if the crossing is on a rail line that carries fewer than five trains each year, traveling 
383.32 	at speeds of ten miles per hour or less; or
384.1 	(3) as agreed to by the operating railroad and the Department of Transportation, following 
384.2 	a diagnostic review of the crossing.
384.3 	(b) The commissioner shall direct the railroad to erect at the crossing signs bearing the 
384.4 	word "Exempt" that conform to section 169.06. The installation or presence of an exempt 
384.5 	sign does not relieve a driver of the duty to use due care.
384.6 	(c) A railroad train must not proceed across an exempt crossing unless a police officer 
384.7 	is present to direct traffic or a railroad employee is on the ground to warn traffic until the
384.8 	railroad train enters the crossing.
384.9 	(c) (d) A vehicle that must stop at grade crossings under subdivision 1 is not required 
384.10 	to stop at a marked exempt crossing unless directed otherwise by a police officer or a railroad 
384.11 	employee.

384.12 	Sec. 34. Minnesota Statutes 2016, section 169.29, is amended to read:
384.13 	169.29 CROSSING RAILROAD TRACKS WITH CERTAIN EQUIPMENT.
384.14 	(a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, 
384.15 	or any equipment or structure having a normal operating speed of six or less miles per hour 
384.16 	or a vertical body or load clearance of less than nine inches above the level surface of a 
384.17 	roadway upon or across any tracks at a railroad grade crossing without first complying with 
384.18 	this section.
384.19 	(b) Before making any crossing, the person operating or moving any vehicle or equipment 
384.20 	set forth in this section shall first stop the same not less than ten, nor more than 50, feet 
384.21 	from the nearest rail of the railway, and while so stopped shall listen and look in both 
384.22 	directions along the track for any approaching railroad train and for signals indicating the 
384.23 	approach of a railroad train, and shall not proceed until the crossing can be made safely.
384.24 	(c) No crossing shall be made when warning is given by automatic signal or crossing 
384.25 	gates or a flagger or otherwise of the immediate approach of a railroad train or car.
384.26 	(d) No stop need be made at a crossing on a rail line on which service has been abandoned 
384.27 	and where a sign erected in conformance with section 169.06 and bearing the word "Exempt" 
384.28 	has been installed, unless directed otherwise by a flagger. The installation or presence of 
384.29 	an exempt sign shall not relieve any driver of the duty to use due care.

385.1 	Sec. 35. Minnesota Statutes 2016, section 169.345, subdivision 2, is amended to read:
385.2 		Subd. 2.Definitions. (a) For the purpose of section 168.021 and this section, the following 
385.3 	terms have the meanings given them in this subdivision.
385.4 	(b) "Health professional" means a licensed physician, licensed physician assistant, 
385.5 	advanced practice registered nurse, licensed physical therapist, or licensed chiropractor.
385.6 	(c) "Long-term certificate" means a certificate issued for a period greater than 12 months 
385.7 	but not greater than 71 months.
385.8 	(d) "Organization certificate" means a certificate issued to an entity other than a natural 
385.9 	person for a period of three years.
385.10 	(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the 
385.11 	certificate referred to in subdivision 3, while the application is being processed.
385.12 	(f) "Physically disabled person" means a person who:
385.13 	(1) because of disability cannot walk without significant risk of falling;
385.14 	(2) because of disability cannot walk 200 feet without stopping to rest;
385.15 	(3) because of disability cannot walk without the aid of another person, a walker, a cane, 
385.16 	crutches, braces, a prosthetic device, or a wheelchair;
385.17 	(4) is restricted by a respiratory disease to such an extent that the person's forced 
385.18 	(respiratory) expiratory volume for one second, when measured by spirometry, is less than 
385.19 	one liter;
385.20 	(5) has an arterial oxygen tension (PaO2) of less than 60 mm/Hg on room air at rest;
385.21 	(6) uses portable oxygen;
385.22 	(7) has a cardiac condition to the extent that the person's functional limitations are 
385.23 	classified in severity as class III or class IV according to standards set by the American 
385.24 	Heart Association;
385.25 	(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or
385.26 	(9) has a disability that would be aggravated by walking 200 feet under normal 
385.27 	environmental conditions to an extent that would be life threatening.
385.28 	(g) "Short-term certificate" means a certificate issued for a period greater than six months 
385.29 	but not greater than 12 months.
385.30 	(h) "Six-year certificate" means a certificate issued for a period of six years.
386.1 	(i) "Temporary certificate" means a certificate issued for a period not greater than six 
386.2 	months.

386.3 	Sec. 36. Minnesota Statutes 2017 Supplement, section 169.442, subdivision 5, is amended 
386.4 	to read:
386.5 		Subd. 5.White strobe lamps on certain buses transporting children. Notwithstanding 
386.6 	section 169.55, subdivision 1, or 169.57, subdivision 3, paragraph (b), or other law to the 
386.7 	contrary, A school bus that is subject to and complies with the equipment requirements of 
386.8 	subdivision 1 and section 169.441, subdivision 1, or a Head Start bus, may be equipped 
386.9 	with a flashing strobe lamp under section 169.64, subdivision 8.

386.10 	Sec. 37. Minnesota Statutes 2016, section 169.442, is amended by adding a subdivision 
386.11 	to read:
386.12 		Subd. 6.Supplemental warning system. In addition to the signals required under 
386.13 	subdivision 1, a type A, B, C, or D school bus may be equipped with a supplemental warning 
386.14 	system under section 169.4503, subdivision 31.

386.15 	Sec. 38. Minnesota Statutes 2016, section 169.448, subdivision 1, is amended to read:
386.16 		Subdivision 1.Restrictions on appearance; misdemeanor. (a) A bus that is not used 
386.17 	as a school bus may not be operated on a street or highway unless it is painted a color 
386.18 	significantly different than national school bus glossy yellow.
386.19 	(b) A bus that is not used as a school bus or Head Start bus may not be operated if it is 
386.20 	equipped with school bus or Head Start bus-related equipment and printing.
386.21 	(c) A violation of this subdivision is a misdemeanor.
386.22 	(d) This subdivision does not apply to a school bus owned by or under contract to a 
386.23 	school district operated as a charter or leased bus.
386.24 	(e) This subdivision does not apply to a school bus operated by a licensed child care 
386.25 	provider if:
386.26 	(1) the stop stop-signal arm is removed;
386.27 	(2) the eight-light system is lighting systems for prewarning flashing amber signals, 
386.28 	flashing red signals, and supplemental warnings under section 169.4503, subdivision 31, 
386.29 	are deactivated;
387.1 	(3) the school bus is identified as a "child care bus" in letters at least eight inches high 
387.2 	on the front and rear top of the bus;
387.3 	(4) the name, address, and telephone number of the owner or operator of the bus is 
387.4 	identified on each front door of the bus in letters not less than three inches high; and
387.5 	(5) the conditions under section 171.02, subdivision 2a, paragraphs (a) through to (j),
387.6 	and (l), and (n), have been met.

387.7 	Sec. 39. Minnesota Statutes 2016, section 169.4503, subdivision 5, is amended to read:
387.8 		Subd. 5.Colors. Fenderettes may be black. The beltline may be painted yellow over 
387.9 	black or black over yellow. The rub rails shall must be black or yellow. The area around 
387.10 	the lenses of alternately flashing signal lamps extending outward from the edge of the lamp 
387.11 	three inches, plus or minus one-quarter inch, to the sides and top and at least one inch to 
387.12 	the bottom, shall must be black. Visors or hoods, black in color, with a minimum of four 
387.13 	inches may be provided.

387.14 	Sec. 40. Minnesota Statutes 2016, section 169.4503, subdivision 13, is amended to read:
387.15 		Subd. 13.Identification. (a) Each bus shall must, in the beltline, identify the school 
387.16 	district serviced, or company name, or owner of the bus. Numbers necessary for identification 
387.17 	must appear on the sides and rear of the bus. Symbols or letters may be used on the outside 
387.18 	of the bus near the entrance door for student identification. A manufacturer's nameplate or 
387.19 	logo may be placed on the bus.
387.20 	(b) Effective December 31, 1994, All type A, B, C, and D buses sold must display 
387.21 	lettering "Unlawful to pass when red lights are flashing" on the rear of the bus. The lettering 
387.22 	shall must be in two-inch black letters on school bus yellow background. This message shall
387.23 	must be displayed directly below the upper window of the rear door. On rear engine buses, 
387.24 	it shall must be centered at approximately the same location. Only signs and lettering 
387.25 	approved or required by state law may are permitted to be displayed.
387.26 	(c) The requirements of paragraph (b) do not apply to a type A, B, C, or D school bus 
387.27 	that is equipped with a changeable electronic message sign on the rear of the bus that:
387.28 	(1) displays one or more of the messages: "Caution / stopping," "Unlawful to pass," 
387.29 	"Stop / do not pass," or similar messages approved by the commissioner;
387.30 	(2) displays messages in conjunction with bus operation and activation of prewarning 
387.31 	flashing amber signals, flashing red signals, or stop-signal arm, as appropriate; and
388.1 	(3) is a supplemental warning system under section 169.4503, subdivision 31.

388.2 	Sec. 41. Minnesota Statutes 2016, section 169.4503, is amended by adding a subdivision 
388.3 	to read:
388.4 		Subd. 31.Supplemental warning system; temporary authority. (a) Prior to August 
388.5 	1, 2021, the commissioner may approve a type A, B, C, or D school bus to be equipped 
388.6 	with a supplemental warning system. On and after that date, a school bus may continue to 
388.7 	be equipped with a previously approved supplemental warning system.
388.8 	(b) To determine approval of a supplemental warning system, the commissioner must 
388.9 	consider:
388.10 	(1) signal colors, which are limited to one or more of the colors white, amber, and red;
388.11 	(2) flashing patterns;
388.12 	(3) vehicle mounting and placement;
388.13 	(4) supplemental warning system activation in conjunction with activation of prewarning 
388.14 	flashing amber signals, stop-signal arm, and flashing red signals;
388.15 	(5) light intensity; and
388.16 	(6) permissible text, signage, and graphics, if any.
388.17 	(c) The commissioner must review relevant research findings and experience in other 
388.18 	jurisdictions, and must consult with interested stakeholders, including but not limited to 
388.19 	representatives from school district pupil transportation directors, private school bus 
388.20 	operators, and pupil transportation and traffic safety associations.

388.21 	Sec. 42. Minnesota Statutes 2016, section 169.475, subdivision 2, is amended to read:
388.22 		Subd. 2.Prohibition Prohibitions on use; penalty. (a) No When a motor vehicle is in 
388.23 	motion or a part of traffic, the person may operate a motor operating the vehicle while is 
388.24 	prohibited from using a wireless communications device to compose, read, or send an 
388.25 	electronic message, when the vehicle is in motion or a part of traffic.
388.26 	(b) When a motor vehicle is in motion or a part of traffic while workers are present in 
388.27 	a work zone, the person operating the vehicle is prohibited from using a wireless 
388.28 	communications device for any purpose, including but not limited to making a cellular 
388.29 	phone call.
389.1 	(c) A person who violates paragraph (a) this subdivision a second or subsequent time 
389.2 	must pay a fine of $225, plus the amount specified in the uniform fine schedule established 
389.3 	by the Judicial Council.

389.4 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to violations 
389.5 	that occur on or after that date.

389.6 	Sec. 43. Minnesota Statutes 2016, section 169.475, subdivision 3, is amended to read:
389.7 		Subd. 3.Exceptions. (a) This section does not apply if a wireless communications device 
389.8 	is used:
389.9 	(1) solely in a voice-activated or other hands-free mode;
389.10 	(2) for making to make a cellular phone call;
389.11 	(3) for obtaining to obtain emergency assistance to (i) report a traffic accident, medical 
389.12 	emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;
389.13 	(4) in the reasonable belief that a person's life or safety is in immediate danger; or
389.14 	(5) in an authorized emergency vehicle while in the performance of official duties.
389.15 	(b) The exception in paragraph (a), clause (2), does not apply to the prohibition in 
389.16 	subdivision 2, paragraph (b).

389.17 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to violations 
389.18 	that occur on or after that date.

389.19 	Sec. 44. Minnesota Statutes 2016, section 169.55, subdivision 1, is amended to read:
389.20 		Subdivision 1.Lights or reflectors required. At the times when lighted lamps on 
389.21 	vehicles are required each vehicle including an animal-drawn vehicle and any vehicle 
389.22 	specifically excepted in sections 169.47 to 169.79, with respect to equipment and not 
389.23 	hereinbefore specifically required to be equipped with lamps, shall be equipped with one 
389.24 	or more lighted lamps or lanterns projecting a white light visible from a distance of 500 feet 
389.25 	to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a 
389.26 	distance of 500 feet to the rear, except that reflectors meeting the maximum requirements 
389.27 	of this chapter may be used in lieu of the lights required in this subdivision. It shall be 
389.28 	unlawful except as otherwise provided in this subdivision, to project a white light to the 
389.29 	rear of any such vehicle while traveling on any street or highway, unless such vehicle is 
389.30 	moving in reverse. A lighting device mounted on top of a vehicle engaged in deliveries to 
389.31 	residences may project a white light to the rear if the sign projects one or more additional 
390.1 	colors to the rear. An authorized emergency vehicle may display an oscillating, alternating, 
390.2 	or rotating white light used in connection with an oscillating, alternating, or rotating red 
390.3 	light when responding to emergency calls.

390.4 	Sec. 45. Minnesota Statutes 2016, section 169.57, subdivision 3, is amended to read:
390.5 		Subd. 3.Maintenance. (a) When a vehicle is equipped with stop lamps or signal lamps, 
390.6 	such the lamps shall must at all times be maintained in good working condition.
390.7 	(b) No stop lamps or signal lamp shall project a glaring or dazzling light.
390.8 	(c) All mechanical signal devices shall must be self-illumined when in use at the times 
390.9 	when lighted lamps on vehicles are required.

390.10 	Sec. 46. Minnesota Statutes 2016, section 169.64, subdivision 3, is amended to read:
390.11 		Subd. 3.Flashing lights; glaring lights. (a) Flashing lights are prohibited, except:
390.12 	(1) on an authorized emergency vehicle, school bus, bicycle as provided in section 
390.13 	169.222, subdivision 6, road maintenance equipment, tow truck or towing vehicle as provided 
390.14 	in section 168B.16, service vehicle, farm tractor, self-propelled farm equipment, rural mail 
390.15 	carrier vehicle, or funeral home vehicle, or;
390.16 	(2) on any vehicle as a means of indicating a right or left turn, or the presence of a 
390.17 	vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing.; or
390.18 	(3) as otherwise provided in this section.
390.19 	(b) All flashing warning lights shall must be of the type authorized by section 169.59, 
390.20 	subdivision 4, unless otherwise permitted or required in this chapter.
390.21 	(c) A stop lamp or signal lamp is prohibited from projecting a glaring or dazzling light, 
390.22 	except for:
390.23 	(1) strobe lamps as provided under subdivision 8 or section 169.59, subdivision 4; or
390.24 	(2) a school bus equipped with a supplemental warning system under section 169.4503, 
390.25 	subdivision 31.

390.26 	Sec. 47. Minnesota Statutes 2016, section 169.64, is amended by adding a subdivision to 
390.27 	read:
390.28 		Subd. 4a.White light. (a) It is unlawful to project a white light at the rear of a vehicle 
390.29 	while traveling on any street or highway, except:
391.1 	(1) for a vehicle moving in reverse;
391.2 	(2) for a school bus equipped with a supplemental warning system under section 
391.3 	169.4503, subdivision 31;
391.4 	(3) for a strobe lamp as provided under subdivision 8;
391.5 	(4) as required for license plate illumination under section 169.50, subdivision 2;
391.6 	(5) as provided in section 169.59, subdivision 4; and
391.7 	(6) as otherwise provided in this subdivision.
391.8 	(b) A lighting device mounted on top of a vehicle engaged in deliveries to residences 
391.9 	may project a white light to the rear if the sign projects one or more additional colors to the 
391.10 	rear.
391.11 	(c) An authorized emergency vehicle may display an oscillating, alternating, or rotating 
391.12 	white light used in connection with an oscillating, alternating, or rotating red light when 
391.13 	responding to emergency calls.

391.14 	Sec. 48. Minnesota Statutes 2017 Supplement, section 169.64, subdivision 8, is amended 
391.15 	to read:
391.16 		Subd. 8.Strobe lamp. (a) Notwithstanding sections 169.55, subdivision 1; 169.57, 
391.17 	subdivision 3, paragraph (b); or any other law to the contrary, a vehicle may be equipped 
391.18 	with a 360-degree flashing strobe lamp that emits a white light with a flash rate of 60 to 
391.19 	120 flashes a minute, and the lamp may be used as provided in this subdivision, if the vehicle 
391.20 	is:
391.21 	(1) a school bus that is subject to and complies with the equipment requirements of
391.22 	sections 169.441, subdivision 1, and section169.442, subdivision 1, or a Head Start bus. 
391.23 	The lamp must operate from a separate switch containing an indicator lamp to show when 
391.24 	the strobe lamp is in use; or
391.25 	(2) a road maintenance vehicle owned or under contract to the Department of 
391.26 	Transportation or a road authority of a county, home rule or statutory city, or town, but the 
391.27 	strobe lamp may only be operated while the vehicle is actually engaged in snow removal 
391.28 	during daylight hours.
391.29 	(b) Notwithstanding sections 169.55, subdivision 1; 169.57, subdivision 3, paragraph 
391.30 	(b); or any other law to the contrary, a vehicle may be equipped with a 360-degree flashing 
391.31 	strobe lamp that emits an amber light with a flash rate of 60 to 120 flashes a minute, and 
391.32 	the lamp may be used as provided in this subdivision, if the vehicle is a rural mail carrier 
392.1 	vehicle, provided that the strobe lamp is mounted at the highest practicable point on the 
392.2 	vehicle. The strobe lamp may only be operated while the vehicle is actually engaged during 
392.3 	daylight hours in the delivery of mail to residents on a rural mail route.
392.4 	(c) A strobe lamp authorized by this section shall subdivision must be of a double flash 
392.5 	type certified to the commissioner of public safety by the manufacturer as being weatherproof 
392.6 	and having a minimum an effective light output of 200 candelas as measured by the 
392.7 	Blondel-Rey formula that meets or exceeds the most recent version of SAE International 
392.8 	standard J845, Class 2, or a subsequent standard.

392.9 	Sec. 49. Minnesota Statutes 2016, section 169.81, is amended by adding a subdivision to 
392.10 	read:
392.11 		Subd. 11.Automobile transporter. (a) For purposes of this subdivision, the following 
392.12 	terms have the meanings given them:
392.13 	(1) "automobile transporter" means any vehicle combination designed and used to 
392.14 	transport assembled highway vehicles, including truck camper units;
392.15 	(2) "stinger-steered combination automobile transporter" means a truck tractor semitrailer 
392.16 	having the fifth wheel located on a drop frame located behind and below the rear-most axle 
392.17 	of the power unit; and
392.18 	(3) "backhaul" means the return trip of a vehicle transporting cargo or general freight, 
392.19 	especially when carrying goods back over all or part of the same route.
392.20 	(b) Stinger-steered combination automobile transporters having a length of 80 feet or 
392.21 	less may be operated on interstate highways and other highways designated in this section, 
392.22 	and in addition may carry a load that extends the length by four feet or less in the front of 
392.23 	the vehicle and six feet or less in the rear of the vehicle.
392.24 	(c) An automobile transporter may transport cargo or general freight on a backhaul, 
392.25 	provided it complies with weight limitations for a truck tractor and semitrailer combination 
392.26 	under section 169.824.

392.27 	Sec. 50. Minnesota Statutes 2016, section 169.8261, subdivision 2, is amended to read:
392.28 		Subd. 2.Conditions. (a) A vehicle or combination of vehicles described in subdivision 
392.29 	1 must:
392.30 	(1) comply with seasonal load restrictions in effect between the dates set by the 
392.31 	commissioner under section 169.87, subdivision 2;
393.1 	(2) comply with bridge load limits posted under section 169.84;
393.2 	(3) be equipped and operated with six or more axles and brakes on all wheels;
393.3 	(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle 
393.4 	weight during the time when seasonal increases are authorized under section 169.826;
393.5 	(5) not be operated on interstate highways;
393.6 	(6) obtain an annual permit from the commissioner of transportation;
393.7 	(7) obey all road postings; and
393.8 	(8) not exceed 20,000 pounds gross weight on any single axle.
393.9 	(b) A vehicle operated under this section may exceed the legal axle weight limits listed 
393.10 	in section 169.824 by not more than 12.5 percent; except that, the weight limits may be 
393.11 	exceeded by not more than 23.75 percent during the time when seasonal increases are 
393.12 	authorized under section 169.826, subdivision 1.
393.13 	(c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles 
393.14 	hauling raw or unfinished forest products may also operate on the segment of marked 
393.15 	Interstate Highway 35 provided under United States Code, title 23, section 127(q)(2)(D).

393.16 	Sec. 51. Minnesota Statutes 2017 Supplement, section 169.829, subdivision 4, is amended 
393.17 	to read:
393.18 		Subd. 4.Certain emergency vehicles. (a) The provisions of sections 169.80 to 169.88 
393.19 	governing size, weight, and load do not apply to a fire apparatus, a law enforcement special 
393.20 	response vehicle, or a licensed land emergency ambulance service vehicle.
393.21 	(b) Emergency vehicles designed to transport personnel and equipment to support the 
393.22 	suppression of fires and to mitigate other hazardous situations are subject to the following 
393.23 	weight limitations when operated on an interstate highway: (1) 24,000 pounds on a single 
393.24 	steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear 
393.25 	drive steer axle; and (4) 62,000 pounds on a tandem axle. The gross weight of an emergency 
393.26 	vehicle operating on an interstate highway must not exceed 86,000 pounds.

393.27 	Sec. 52. Minnesota Statutes 2016, section 169.829, is amended by adding a subdivision 
393.28 	to read:
393.29 		Subd. 5.Sewage septic tank trucks. (a) Sections 169.823 and 169.826 to 169.828 do 
393.30 	not apply to a sewage septic tank truck used exclusively to transport sewage from septic or 
393.31 	holding tanks.
394.1 	(b) The weight limitations under section 169.824 are increased by ten percent for a 
394.2 	single-unit vehicle transporting sewage from the point of service to (1) another point of 
394.3 	service, or (2) the point of unloading.
394.4 	(c) Notwithstanding sections 169.824, subdivision 1, paragraph (d); 169.826, subdivision 
394.5 	3; or any other law to the contrary, a permit is not required to operate a vehicle under this 
394.6 	subdivision.
394.7 	(d) The seasonal weight increases under section 169.826, subdivision 1, do not apply to 
394.8 	a vehicle operated under this subdivision.
394.9 	(e) A vehicle operated under this subdivision is subject to bridge load limits posted under 
394.10 	section 169.84.

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

394.12 	Sec. 53. Minnesota Statutes 2016, section 169.87, subdivision 6, is amended to read:
394.13 		Subd. 6.Recycling and garbage vehicles. (a) Except as provided in paragraph (b) While 
394.14 	a vehicle is engaged in the type of collection the vehicle was designed to perform, weight 
394.15 	restrictions imposed under subdivisions 1 and 2 do not apply to:
394.16 	(1) a vehicle that does not exceed 20,000 pounds per single axle and is designed and 
394.17 	used exclusively for recycling, while engaged in recycling operating in a political subdivision 
394.18 	that mandates curbside recycling pickup.;
394.19 	(b) Weight restrictions imposed under subdivisions 1 and 2 do not apply to: (1) (2) a 
394.20 	vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for 
394.21 	recycling as described in paragraph (a);
394.22 	(2) (3) a vehicle that does not exceed 14,000 pounds per single axle and is designed and 
394.23 	used exclusively for collecting mixed municipal solid waste, as defined in section 115A.03, 
394.24 	subdivision 21, while engaged in such collection; or
394.25 	(3) (4) a portable toilet service vehicle that does not exceed 14,000 pounds per single 
394.26 	axle or 26,000 pounds gross vehicle weight, and is designed and used exclusively for 
394.27 	collecting liquid waste from portable toilets, while engaged in such collection; or
394.28 	(5) a sewage septic tank truck that is designed and used exclusively to haul sewage from 
394.29 	septic or holding tanks.
394.30 	(c) (b) Notwithstanding section 169.80, subdivision 1, a violation of the owner or operator 
394.31 	of a vehicle that violates the weight restrictions imposed under subdivisions 1 and 2 by a 
394.32 	vehicle designed and used exclusively for recycling while engaged in recycling in a political 
395.1 	subdivision that mandates curbside recycling pickup while engaged in such collection, by 
395.2 	a vehicle that is designed and used exclusively for collecting mixed municipal solid waste 
395.3 	as defined in section 115A.03, subdivision 21, while engaged in such collection, or by a 
395.4 	portable toilet service vehicle that is designed and used exclusively for collecting liquid 
395.5 	waste from portable toilets, while engaged in such collection, is not subject to criminal 
395.6 	penalties but is subject to a civil penalty for excess weight under section 169.871 if the 
395.7 	vehicle (1) meets the requirements under paragraph (a), and (2) is engaged in the type of 
395.8 	collection the vehicle was designed to perform.

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

395.10 	Sec. 54. Minnesota Statutes 2016, section 169.974, subdivision 2, is amended to read:
395.11 		Subd. 2.License endorsement and permit requirements. (a) No person shall operate 
395.12 	a motorcycle on any street or highway without having a valid driver's license with a 
395.13 	two-wheeled vehicle endorsement as provided by law. A person may operate an autocycle 
395.14 	without a two-wheeled vehicle endorsement, provided the person has a valid driver's license 
395.15 	issued under section 171.02.
395.16 	(b) The commissioner of public safety shall issue a two-wheeled vehicle endorsement 
395.17 	only if the applicant (1) has in possession a valid two-wheeled vehicle instruction permit 
395.18 	as provided in paragraph (c), (2) has passed a written examination and road test administered 
395.19 	by the Department of Public Safety for the endorsement, and (3) in the case of applicants 
395.20 	under 18 years of age, presents a certificate or other evidence of having successfully 
395.21 	completed an approved two-wheeled vehicle driver's safety course in this or another state, 
395.22 	in accordance with rules adopted by the commissioner of public safety for courses offered 
395.23 	by a public, private, or commercial school or institute. The commissioner of public safety 
395.24 	may waive the road test for any applicant on determining that the applicant possesses a valid 
395.25 	license to operate a two-wheeled vehicle issued by a jurisdiction that requires a comparable 
395.26 	road test for license issuance.
395.27 	(c) The commissioner of public safety shall issue a two-wheeled vehicle instruction 
395.28 	permit to any person over 16 years of age who (1) is in possession of a valid driver's license, 
395.29 	(2) is enrolled in an approved two-wheeled vehicle driver's safety course, and (3) has passed 
395.30 	a written examination for the permit and paid a fee prescribed by the commissioner of public 
395.31 	safety. A two-wheeled vehicle instruction permit is effective for one year and may be 
395.32 	renewed under rules prescribed by the commissioner of public safety.
395.33 	(d) No person who is operating by virtue of a two-wheeled vehicle instruction permit 
395.34 	shall:
396.1 	(1) carry any passengers on the streets and highways of this state on the motorcycle 
396.2 	while the person is operating the motorcycle;
396.3 	(2) drive the motorcycle at night; or
396.4 	(3) drive the motorcycle on any highway marked as an interstate highway pursuant to 
396.5 	title 23 of the United States Code; or
396.6 	(4) (3) drive the motorcycle without wearing protective headgear that complies with 
396.7 	standards established by the commissioner of public safety.
396.8 	(e) Notwithstanding paragraphs (a) to (d), the commissioner of public safety may issue 
396.9 	a special motorcycle permit, restricted or qualified as the commissioner of public safety 
396.10 	deems proper, to any person demonstrating a need for the permit and unable to qualify for 
396.11 	a driver's license.

396.12 	Sec. 55. [174.13] TRANSPORTATION FACILITIES CAPITAL PROGRAM.
396.13 		Subdivision 1.Program established. (a) A transportation facilities capital program is 
396.14 	established to prioritize among eligible projects that:
396.15 	(1) support the programmatic mission of the department;
396.16 	(2) extend the useful life of existing buildings; or
396.17 	(3) renovate or construct facilities to meet the department's current and future operational 
396.18 	needs.
396.19 	(b) Projects under the transportation facilities capital program may be funded by proceeds 
396.20 	from the sale of trunk highway bonds or from other funds appropriated for the purposes of 
396.21 	this section.
396.22 		Subd. 2.Accounts. (a) A transportation facilities capital account is established in the 
396.23 	trunk highway fund. The account consists of all money made available from the trunk 
396.24 	highway fund for the purposes of this section and any other money donated, allotted, 
396.25 	transferred, or otherwise provided to the account by law. Money in the account is appropriated 
396.26 	to the commissioner for the purposes specified and consistent with the standards and criteria 
396.27 	set forth in this section.
396.28 	(b) A transportation facilities capital account is established in the bond proceeds account 
396.29 	of the trunk highway fund. The account consists of trunk highway bond proceeds appropriated 
396.30 	to the commissioner for the transportation facilities capital program. Money in the account 
396.31 	may only be expended on trunk highway purposes, which includes the purposes in this 
396.32 	section.
397.1 		Subd. 3.Standards. (a) The legislature finds that many projects for preservation and 
397.2 	replacement of portions of existing capital assets constitute the construction, improvement, 
397.3 	and maintenance of the public highway system within the meaning of the Minnesota 
397.4 	Constitution, article XIV, section 11, and capital expenditures under generally accepted 
397.5 	accounting principles as applied to public expenditures. Projects can be financed more 
397.6 	efficiently and economically under the program than by direct appropriations for specific 
397.7 	projects.
397.8 	(b) When allocating funding under this section, the commissioner must review the 
397.9 	projects deemed eligible under subdivision 4 and prioritize allocations using the criteria in 
397.10 	subdivision 5. Money allocated to a specific project in an appropriation or other law must 
397.11 	be allocated as provided by the law.
397.12 		Subd. 4.Eligible expenditures; limitations. (a) A project is eligible under this section 
397.13 	only if it is a capital expenditure on a capital building asset owned or to be owned by the 
397.14 	state within the meaning of generally accepted accounting principles as applied to public 
397.15 	expenditures.
397.16 	(b) Capital budget expenditures that are eligible under this section include but are not 
397.17 	limited to: (1) acquisition of land and buildings; and (2) the predesign, engineering, 
397.18 	construction, furnishing and equipping of district headquarter buildings, truck stations, salt 
397.19 	storage or other unheated storage buildings, deicing and anti-icing facilities, fuel dispensing 
397.20 	facilities, highway rest areas, and vehicle weigh and inspection stations.
397.21 		Subd. 5.Criteria for priorities. When prioritizing funding allocation among projects 
397.22 	eligible under subdivision 4, the commissioner must consider:
397.23 	(1) whether a project ensures the effective and efficient condition and operation of the 
397.24 	facility;
397.25 	(2) the urgency in ensuring the safe use of existing buildings;
397.26 	(3) the project's total life-cycle cost;
397.27 	(4) additional criteria for priorities otherwise specified in state law, statute, or rule that 
397.28 	applies to a category listed in the act making an appropriation for the program; and
397.29 	(5) any other criteria the commissioner deems necessary.

397.30 	Sec. 56. Minnesota Statutes 2016, section 174.66, is amended to read:
397.31 	174.66 CONTINUATION OF CARRIER RULES.
398.1 	(a) Orders and directives in force, issued, or promulgated under authority of chapters 
398.2 	174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed, 
398.3 	modified, or superseded by duly authorized orders or directives of the commissioner of 
398.4 	transportation. To the extent allowed under federal law or regulation, rules adopted under 
398.5 	authority of the following sections are transferred to the commissioner of transportation 
398.6 	and continue in force and effect until repealed, modified, or superseded by duly authorized 
398.7 	rules of the commissioner:
398.8 	(1) section 218.041 except rules related to the form and manner of filing railroad rates, 
398.9 	railroad accounting rules, and safety rules;
398.10 	(2) section 219.40;
398.11 	(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits 
398.12 	under section 221.031, subdivision 1; and
398.13 	(4) rules relating to rates, charges, and practices under section 221.161, subdivision 4; 
398.14 	and
398.15 	(5) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under 
398.16 	section 221.121.
398.17 	(b) The commissioner shall review the transferred rules, orders, and directives and, when 
398.18 	appropriate, develop and adopt new rules, orders, or directives.

398.19 	Sec. 57. Minnesota Statutes 2016, section 221.031, subdivision 2d, is amended to read:
398.20 		Subd. 2d.Hours of service exemptions; agricultural purposes. The federal regulations 
398.21 	incorporated in section 221.0314, subdivision 9, for maximum driving and on-duty time,
398.22 	hours of service do not apply to drivers engaged in intrastate transportation within a 
398.23 	150-air-mile radius from the source of the commodities, or from the retail or wholesale 
398.24 	distribution point of the farm supplies, for:
398.25 	(1) agricultural commodities; or
398.26 	(2) farm supplies for agricultural purposes from March 15 to December 15 of each year; 
398.27 	or.
398.28 	(2) sugar beets from September 1 to May 15 of each year.

399.1 	Sec. 58. Minnesota Statutes 2016, section 221.031, is amended by adding a subdivision 
399.2 	to read:
399.3 		Subd. 2f.Hours of service exemptions; utility construction. (a) The federal regulations 
399.4 	incorporated in section 221.0314, subdivision 9, for hours of service do not apply to drivers 
399.5 	engaged in intrastate transportation of utility construction materials within a 50-mile radius 
399.6 	from the site of a construction or maintenance project.
399.7 	(b) For purposes of this subdivision, utility construction materials includes supplies and 
399.8 	materials used in a project to construct or maintain (1) a street or highway; (2) equipment 
399.9 	or facilities to furnish electric transmission service; (3) a telecommunications system or 
399.10 	cable communications system; (4) a waterworks system, sanitary sewer, or storm sewer; 
399.11 	(5) a gas heating service line; (6) a pipeline; and (7) a facility for other similar utility service.

399.12 	Sec. 59. Minnesota Statutes 2016, section 221.0314, subdivision 9, is amended to read:
399.13 		Subd. 9.Hours of service of driver. (a) Code of Federal Regulations, title 49, part 395, 
399.14 	is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (m), and 
399.15 	(n) of section 395.1 of that part are not incorporated. In addition, cross-references to sections 
399.16 	or paragraphs not incorporated in this subdivision are not incorporated by reference.
399.17 	(b) For purposes of Code of Federal Regulations, title 49, part 395.1, paragraph (k), the 
399.18 	planting and harvest period for Minnesota is from January 1 through December 31 each 
399.19 	year.
399.20 	(c) The requirements of Code of Federal Regulations, title 49, part 395, do not apply to 
399.21 	drivers of lightweight vehicles.

399.22 	Sec. 60. Minnesota Statutes 2016, section 221.036, subdivision 1, is amended to read:
399.23 		Subdivision 1.Order. The commissioner may issue an order requiring violations to be 
399.24 	corrected and administratively assessing monetary penalties for a violation of (1) section 
399.25 	221.021; (2) section 221.033, subdivision 2b; (3) section 221.171; (4) section 221.141; (5) 
399.26 	a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway 
399.27 	grade crossings; or (6) rules of the commissioner relating to the transportation of hazardous 
399.28 	waste, motor carrier operations, or insurance, or tariffs and accounting. An order must be 
399.29 	issued as provided in this section.

400.1 	Sec. 61. Minnesota Statutes 2016, section 221.036, subdivision 3, is amended to read:
400.2 		Subd. 3.Amount of penalty; considerations. (a) The commissioner may issue an order 
400.3 	assessing a penalty of up to $5,000 for all violations identified during a single audit or 
400.4 	investigation of (1) section 221.021;,221.141;, or 221.171, or (2) rules of the commissioner 
400.5 	relating to motor carrier operations,or insurance, or tariffs and accounting, identified during 
400.6 	a single inspection, audit, or investigation.
400.7 	(b) The commissioner may issue an order assessing a penalty up to a maximum of 
400.8 	$10,000 for all violations of section 221.033, subdivision 2b, identified during a single 
400.9 	inspection or audit.
400.10 	(c) In determining the amount of a penalty, the commissioner shall consider:
400.11 	(1) the willfulness of the violation;
400.12 	(2) the gravity of the violation, including damage to humans, animals, air, water, land, 
400.13 	or other natural resources of the state;
400.14 	(3) the history of past violations, including the similarity of the most recent violation 
400.15 	and the violation to be penalized, the time elapsed since the last violation, the number of 
400.16 	previous violations, and the response of the person to the most recent violation identified;
400.17 	(4) the economic benefit gained by the person by allowing or committing the violation; 
400.18 	and
400.19 	(5) other factors as justice may require, if the commissioner specifically identifies the 
400.20 	additional factors in the commissioner's order.
400.21 	(d) The commissioner shall assess a penalty in accordance with Code of Federal 
400.22 	Regulations, title 49, section 383.53, against:
400.23 	(1) a driver who is convicted of a violation of an out-of-service order;
400.24 	(2) an employer who knowingly allows or requires an employee to operate a commercial 
400.25 	motor vehicle in violation of an out-of-service order; or
400.26 	(3) an employer who knowingly allows or requires an employee to operate a commercial 
400.27 	motor vehicle in violation of a federal, state, or local law or regulation pertaining to 
400.28 	railroad-highway grade crossings.

400.29 	Sec. 62. Minnesota Statutes 2016, section 221.122, subdivision 1, is amended to read:
400.30 		Subdivision 1.Registration, insurance, and filing requirements. (a) An order issued 
400.31 	by the commissioner which grants a certificate or permit must contain a service date.
401.1 	(b) The person to whom the order granting the certificate or permit is issued shall do 
401.2 	the following within 45 days from the service date of the order:
401.3 	(1) register vehicles which will be used to provide transportation under the permit or 
401.4 	certificate with the commissioner and pay the vehicle registration fees required by law; and
401.5 	(2) file and maintain insurance or bond as required by section 221.141 and rules of the 
401.6 	commissioner; and.
401.7 	(3) file rates and tariffs as required by section 221.161 and rules of the commissioner.

401.8 	Sec. 63. Minnesota Statutes 2016, section 221.161, subdivision 1, is amended to read:
401.9 		Subdivision 1.Filing; hearing upon commissioner initiative Tariff maintenance and 
401.10 	contents.  A household goods carrier shall file andmover must maintain with the 
401.11 	commissioner a tariff showing rates and charges for transporting household goods. Tariffs 
401.12 	must be prepared and filed in accordance with the rules of the commissioner. When tariffs 
401.13 	are filed in accordance with the rules and accepted by the commissioner, the filing constitutes 
401.14 	notice to the public and interested parties of the contents of the tariffs. The commissioner 
401.15 	shall not accept for filing tariffs that are unjust, unreasonable, unjustly discriminatory, 
401.16 	unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted 
401.17 	under this section. If the tariffs appear to be unjust, unreasonable, unjustly discriminatory, 
401.18 	unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted 
401.19 	under this section, after notification and investigation by the department, the commissioner 
401.20 	may suspend and postpone the effective date of the tariffs and assign the tariffs for hearing 
401.21 	upon notice to the household goods carrier filing the proposed tariffs and to other interested 
401.22 	parties, including users of the service and competitive carriers by motor vehicle and rail. 
401.23 	At the hearing, the burden of proof is on the household goods carrier filing the proposed 
401.24 	tariff to sustain the validity of the proposed schedule of rates and charges. The tariffs and 
401.25 	subsequent supplements to them or reissues of them must state the effective date, which 
401.26 	may not be less than ten days following the date of filing, unless the period of time is reduced 
401.27 	by special permission of the commissioner. A household goods mover must prepare a tariff 
401.28 	under this section that complies with Code of Federal Regulations, title 49, part 1310.3.

401.29 	Sec. 64. Minnesota Statutes 2016, section 221.161, is amended by adding a subdivision 
401.30 	to read:
401.31 		Subd. 5.Tariff availability. (a) A household goods mover subject to this section must 
401.32 	maintain all of its effective tariffs at its principal place of business and at each of its terminal 
401.33 	locations, and must make the tariffs available to the public for inspection at all times the 
402.1 	household goods mover is open for business. Any publication referred to in a tariff must be 
402.2 	maintained with that tariff.
402.3 	(b) Upon request, a household goods mover must provide copies of tariffs, specific tariff 
402.4 	provisions, or tariff subscriptions to the commissioner or any interested person.

402.5 	Sec. 65. Minnesota Statutes 2016, section 221.171, subdivision 1, is amended to read:
402.6 		Subdivision 1.Compensation fixed by schedule on file. No A household goods carrier 
402.7 	shall mover must not charge or receive a greater, lesser, or different compensation for the 
402.8 	transportation of persons or property or for related service,provided than the rates and 
402.9 	charges named in the carrier's schedule on file and in effect with the commissioner including 
402.10 	any rate fixed by the commissioner specified in the tariff under section 221.161; nor shall.
402.11 	A household goods carrier mover must not refund or remit in any manner or by any device, 
402.12 	directly or indirectly, the rates and charges required to be collected by the carrier mover
402.13 	under the carrier's mover's schedules or under the rates, if any, fixed by the commissioner.

402.14 	Sec. 66. Minnesota Statutes 2016, section 222.46, is amended to read:
402.15 	222.46 FREIGHT RAIL SERVICE IMPROVEMENT ACT; PURPOSE.
402.16 	The legislature finds and determines that integrated transportation systems, including 
402.17 	railways, highways and airways, are necessary in order to meet the economic and energy 
402.18 	needs of the citizens of the state, both now and in the future. The legislature finds that a 
402.19 	portion of the present railroad system in the state does not provide adequate service to 
402.20 	citizens of the state. The legislature further finds and determines that it is in the best interest 
402.21 	of the state to establish and fund a freight rail service improvement economic development
402.22 	program and to establish a railroad planning process in order to preserve and improve 
402.23 	essential rail service in the state.

402.24 	EFFECTIVE DATE. This section is effective June 30, 2018.

402.25 	Sec. 67. Minnesota Statutes 2016, section 222.50, subdivision 3, is amended to read:
402.26 		Subd. 3.Commissioner's powers; rules. The commissioner shall have has the power 
402.27 	to:
402.28 	(1) set priorities for the allocation and expenditure of money or in kind contributions 
402.29 	authorized under the rail service improvement program and develop criteria for eligibility 
402.30 	and approval of projects under the program. The criteria shall include the anticipated 
403.1 	economic and social benefits to the state and to the area being served and the economic 
403.2 	viability of the project;
403.3 	(2) negotiate and enter into contracts for rail line rehabilitation or other rail service 
403.4 	improvement;
403.5 	(3) (2) disburse state and federal money for rail service improvements; and
403.6 	(4) (3) adopt rules necessary to carry out the purposes of sections 222.46 to 222.54.

403.7 	EFFECTIVE DATE. This section is effective June 30, 2018.

403.8 	Sec. 68. Minnesota Statutes 2016, section 222.50, subdivision 4, is amended to read:
403.9 		Subd. 4.Contract. The commissioner may negotiate and enter into contracts for the 
403.10 	purpose of rail service improvement and may incorporate funds available from the federal 
403.11 	government. The participants in these contracts shall be railroads, rail users, and the 
403.12 	department, and may be political subdivisions of the state and the federal government. In 
403.13 	such contracts, participation by all parties shall be voluntary. The commissioner may provide 
403.14 	a portion of the money required to carry out the terms of any such contract by expenditure 
403.15 	from the freight rail service improvement account.

403.16 	EFFECTIVE DATE. This section is effective June 30, 2018.

403.17 	Sec. 69. [222.505] FREIGHT RAIL ECONOMIC DEVELOPMENT PROGRAM.
403.18 		Subdivision 1.Definition. (a) For purposes of this section, "program" means the freight 
403.19 	rail economic development program established in this section.
403.20 		Subd. 2.Program established. (a) The commissioner, in consultation with the 
403.21 	commissioner of employment and economic development, must establish a freight rail 
403.22 	economic development program as provided under this section.
403.23 	(b) By January 1, 2019, the commissioners must implement the program and begin 
403.24 	accepting applications.
403.25 		Subd. 3.Freight rail accounts; appropriation. (a) A freight rail account is established 
403.26 	in the special revenue fund. The account consists of funds provided under paragraphs (b) 
403.27 	and (c), section 222.63, subdivision 8, and any other money donated, allotted, transferred, 
403.28 	or otherwise provided to the account. The account must not include any bond proceeds 
403.29 	authorized by the Minnesota Constitution, article XI, section 5, clause (i). Funds in the 
403.30 	account are annually appropriated to the commissioner for the program under this section.
404.1 	(b) All funds provided to the commissioner from agreements or loans under section 
404.2 	222.50 must be deposited in the freight rail account in the special revenue fund.
404.3 	(c) All funds made available to the commissioner from the disposition of railroad 
404.4 	right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 must 
404.5 	be deposited in the freight rail account in the special revenue fund.
404.6 	(d) A freight rail account is established in the bond proceeds fund. The account consists 
404.7 	of state bond proceeds appropriated to the commissioner for the program under this section. 
404.8 	Money in the account may be expended only for bond-eligible purposes.
404.9 		Subd. 4.Program administration. (a) The commissioner, in consultation with the 
404.10 	commissioner of employment and economic development, must establish a project selection 
404.11 	process for financial assistance under the program. The process must include public notice 
404.12 	of available funds, procedures to submit applications, public access to information on project 
404.13 	evaluation and selection, and financial assistance awards. The process must minimize 
404.14 	applicant burdens and the length of time for application evaluation.
404.15 	(b) The commissioner must maintain on an ongoing basis a project requests list that 
404.16 	identifies all eligible projects that have been evaluated for grant awards under the program.
404.17 	(c) An applicant must apply for financial assistance in the manner and at the times 
404.18 	determined by the commissioners.
404.19 	(d) The commissioner must make reasonable efforts to (1) publicize each solicitation 
404.20 	for applications among all eligible recipients, and (2) provide technical and informational 
404.21 	assistance related to applications.
404.22 		Subd. 5.Consultation. In developing the program and on an ongoing basis, the 
404.23 	commissioner must consult with eligible recipients of financial assistance under subdivision 
404.24 	8 and with counties and statutory and home rule charter cities in which industrial parks are 
404.25 	located or proposed to be located. At a minimum, consultation must address:
404.26 	(1) the project selection process, including project eligibility requirements, evaluation 
404.27 	criteria and prioritization, and any significant policies in the program;
404.28 	(2) flexibility of evaluation criteria to address unique situations;
404.29 	(3) timeliness of project evaluation and award of financial assistance;
404.30 	(4) adequacy of the program funding level; and
404.31 	(5) legislative proposals for program funding.
405.1 		Subd. 6.Financial assistance; grants and loans. The commissioner may provide 
405.2 	financial assistance under the program through grants or through loans in the manner provided 
405.3 	under section 222.50, subdivisions 4 and 5.
405.4 		Subd. 7.Financial assistance; limitations. (a) When calculated in conjunction with 
405.5 	any other state funding sources, a grant award under the program must not provide combined 
405.6 	state funding that exceeds 85 percent of the total project cost estimate.
405.7 	(b) The commissioner must ensure that financial assistance is provided in a manner that 
405.8 	is balanced throughout the state, including with respect to (1) the number of projects receiving 
405.9 	funding in a particular geographic location or region of the state, and (2) the total amount 
405.10 	of financial assistance provided for projects in a particular geographic location or region of 
405.11 	the state.
405.12 		Subd. 8.Award recipient eligibility. (a) Eligible recipients of financial assistance under 
405.13 	the program are:
405.14 	(1) railroad companies that are classified by federal law or regulation as Class II railroads, 
405.15 	Class II rail carriers, Class III railroads, or Class III rail carriers;
405.16 	(2) rail users; and
405.17 	(3) political subdivisions.
405.18 	(b) An eligible recipient may receive funds regardless of rail facility ownership.
405.19 		Subd. 9.Project eligibility. (a) The commissioner, in consultation with the commissioner 
405.20 	of employment and economic development, must establish project eligibility criteria under 
405.21 	the program. At a minimum, an eligible project must:
405.22 	(1) improve safety, efficiency, service, or capacity of railroad freight movement;
405.23 	(2) provide for rail line capital maintenance, preservation, rehabilitation, or improvements;
405.24 	(3) improve rail service for a rail user or rail carrier; or
405.25 	(4) promote the development of industrial parks primarily or substantially served by rail 
405.26 	service.
405.27 	(b) A project must be consistent with transportation plans adopted by the commissioner, 
405.28 	including the statewide freight and passenger rail plan under section 174.03, subdivision 
405.29 	1b.
405.30 		Subd. 10.Project evaluation and prioritization. The commissioner, in consultation 
405.31 	with the commissioner of employment and economic development, must establish project 
406.1 	evaluation criteria for grant awards under the program. At a minimum, the criteria must 
406.2 	objectively prioritize projects based on:
406.3 	(1) economic and employment impacts, including but not limited to responsiveness to 
406.4 	emergent market conditions;
406.5 	(2) addressing rail lines that have deteriorated or are in danger of deteriorating to such 
406.6 	a degree that the rail line is unable to carry the speeds and weights necessary to efficiently 
406.7 	transport goods and products; and
406.8 	(3) percentage commitment of funding or in-kind assistance for the project from nonpublic 
406.9 	sources.
406.10 		Subd. 11.Expenditures. The commissioner may provide financial assistance and expend 
406.11 	funds under the program for:
406.12 	(1) capital improvement projects designed to improve a rail user or a rail carrier's rail 
406.13 	service which includes but is not limited to rail track, track structures, and rail facilities and 
406.14 	buildings;
406.15 	(2) rehabilitation projects designed to improve a rail user or a rail carrier's rail service;
406.16 	(3) rail-related development of industrial parks primarily or substantially served by rail 
406.17 	service, which:
406.18 	(i) includes capital improvements to or rehabilitation of main industrial lead track; and
406.19 	(ii) excludes siding track designed to serve areas of an industrial park for which occupants 
406.20 	are unidentified or uncommitted;
406.21 	(4) highway-rail grade crossing improvement or grade separation projects, including 
406.22 	but not limited to the local matching portion for federal grants;
406.23 	(5) capital improvement projects designed to improve capacity or safety at rail yards;
406.24 	(6) acquisition, maintenance, management, and disposition of railroad right-of-way 
406.25 	under the state rail bank program in section 222.63;
406.26 	(7) acquisition of a rail line by a regional railroad authority established under chapter 
406.27 	398A;
406.28 	(8) rail planning studies;
406.29 	(9) costs related to contractual agreements under section 222.52; and
406.30 	(10) financial assistance under this section.
407.1 		Subd. 12.Design, engineering, and construction standards. (a) The commissioner is 
407.2 	prohibited from establishing specifications or engineering standards that are more restrictive 
407.3 	than federal track safety standards under Code of Federal Regulations, title 49, part 213, or 
407.4 	successor requirements, for track and track structures awarded financial assistance under 
407.5 	the program.
407.6 	(b) Sections 16B.30 to 16B.355 do not apply to rail facilities and buildings awarded 
407.7 	financial assistance under the program.
407.8 		Subd. 13.Political subdivisions. Any political subdivision may, with the approval of 
407.9 	the commissioner, appropriate money for freight rail or rail service improvement and may 
407.10 	participate in the freight rail economic development program and federal rail programs.

407.11 	EFFECTIVE DATE. This section is effective June 30, 2018.

407.12 	Sec. 70. Minnesota Statutes 2016, section 222.52, is amended to read:
407.13 	222.52 COOPERATION BETWEEN STATES.
407.14 	The commissioner may cooperate with other states in connection with the freight rail 
407.15 	service improvement economic development program under section 222.505 and the railroad 
407.16 	planning process. In exercising the authority conferred by this section, the commissioner 
407.17 	may enter into contractual agreements with other states, including multistate coalitions.

407.18 	EFFECTIVE DATE. This section is effective June 30, 2018.

407.19 	Sec. 71. Minnesota Statutes 2016, section 222.57, is amended to read:
407.20 	222.57 RAIL USER AND RAIL CARRIER LOAN GUARANTEE ACCOUNT.
407.21 	There is created a rail user and rail carrier loan guarantee account as a separate account 
407.22 	in the rail service improvement account, which shall be used by the commissioner for 
407.23 	carrying out the provisions of sections 222.55 to 222.62 with respect to loans insured under 
407.24 	section 222.58. The commissioner may transfer to the rail user and rail carrier loan guarantee 
407.25 	account from money otherwise available in the freight rail service improvement account 
407.26 	whatever amount is necessary to implement the rail user and rail carrier loan guarantee 
407.27 	program, except that bond proceeds may not be transferred to the account for insurance of 
407.28 	loans made for the purposes specified in section 222.58, subdivision 2, paragraph (b), clauses 
407.29 	(3) to (5). The commissioner may withdraw any amount from the rail user and rail carrier 
407.30 	loan guarantee account that is not required to insure outstanding loans as provided in section 
407.31 	222.60, subdivision 1.

408.1 	EFFECTIVE DATE. This section is effective June 30, 2018.

408.2 	Sec. 72. Minnesota Statutes 2016, section 222.63, subdivision 8, is amended to read:
408.3 		Subd. 8.Rail bank accounts; appropriation. (a) A special account shall be maintained 
408.4 	in the state treasury, designated as the rail bank maintenance account, is established in the 
408.5 	special revenue fund to record the receipts and expenditures of the commissioner of 
408.6 	transportation for the maintenance of rail bank property. Funds received by the commissioner 
408.7 	of transportation from interest earnings, administrative payments, rentals, fees, or charges 
408.8 	for the use of rail bank property, or received from rail line rehabilitation contracts shall be
408.9 	are credited to the rail bank maintenance account and must be used for the maintenance of 
408.10 	that to maintain the property and held as a reserve for maintenance expenses in an amount 
408.11 	determined by the commissioner, and. Amounts received in the rail bank maintenance 
408.12 	account in excess of the reserve requirements shall must be transferred to the freight rail 
408.13 	service improvement account under section 222.505, subdivision 3.
408.14 	(b) All proceeds of the sale of abandoned rail lines shall must be deposited in the freight
408.15 	rail service improvement account.
408.16 	(c) All money to be deposited in this the rail service improvement bank maintenance
408.17 	account as provided in this subdivision is appropriated to the commissioner of transportation 
408.18 	for the purposes of this section. The appropriations shall do not lapse but shall be and are
408.19 	available until the purposes for which the funds are appropriated are accomplished.

408.20 	EFFECTIVE DATE. This section is effective June 30, 2018.

408.21 	Sec. 73. [299A.704] DRIVER AND VEHICLE SERVICES FUND.
408.22 	A driver and vehicle services fund is established within the state treasury. The fund 
408.23 	consists of accounts and money as specified by law, and any other money otherwise donated, 
408.24 	allotted, appropriated, or legislated to the fund.

408.25 	Sec. 74. Minnesota Statutes 2016, section 299A.705, is amended to read:
408.26 	299A.705 DRIVER AND VEHICLE SERVICES ACCOUNTS.
408.27 		Subdivision 1.Vehicle services operating account. (a) The vehicle services operating 
408.28 	account is created in the special revenue driver and vehicle services fund, consisting of all 
408.29 	money from the vehicle services fees specified in chapters 168, 168A, and 168D, and any 
408.30 	other money otherwise donated, allotted, appropriated, or legislated to this the account.
409.1 	(b) Funds appropriated are available from this account must be used by the commissioner 
409.2 	of public safety to administer the vehicle services as specified in chapters 168, 168A, and 
409.3 	168D, and section 169.345, including:
409.4 	(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems, 
409.5 	and titles;
409.6 	(2) collecting title and registration taxes and fees;
409.7 	(3) transferring vehicle registration plates and titles;
409.8 	(4) maintaining vehicle records;
409.9 	(5) issuing disability certificates and plates;
409.10 	(6) licensing vehicle dealers;
409.11 	(7) appointing, monitoring, and auditing deputy registrars; and
409.12 	(8) inspecting vehicles when required by law.
409.13 		Subd. 2.Driver services operating account. (a) The driver services operating account 
409.14 	is created in the special revenue driver and vehicle services fund, consisting of all money 
409.15 	collected under chapter 171 and any other money otherwise donated, allotted, appropriated, 
409.16 	or legislated to the account.
409.17 	(b) Money in the Funds appropriated from this account must be used by the commissioner 
409.18 	of public safety to administer the driver services specified in chapters 169A and 171, 
409.19 	including the activities associated with producing and mailing drivers' licenses and 
409.20 	identification cards and notices relating to issuance, renewal, or withdrawal of driving and 
409.21 	identification card privileges for any fiscal year or years and for the testing and examination 
409.22 	of drivers.
409.23 		Subd. 3.Driver and vehicle services technology account. (a) The driver and vehicle 
409.24 	services technology account is created in the special revenue driver and vehicle services
409.25 	fund, consisting of the technology surcharge collected as specified in chapters 168, 168A, 
409.26 	and 171; the filing fee revenue collected under section 168.33, subdivision 7; section 168.33
409.27 	and any other money otherwise donated, allotted, appropriated, or legislated to this account.
409.28 	(b) Money in the account is annually appropriated to the commissioner of public safety 
409.29 	to support the research, development, deployment, and maintenance of a driver and vehicle 
409.30 	services information system.
409.31 	(c) Following completion of the deposit of filing fee revenue into the driver and vehicle 
409.32 	services technology account as provided under section 168.33, subdivision 7, the 
410.1 	commissioner shall submit a notification to the chairs and ranking minority members of the 
410.2 	legislative committees with jurisdiction over transportation policy and finance concerning 
410.3 	driver and vehicle services information system implementation, which must include 
410.4 	information on (1) total revenue deposited in the driver and vehicle services technology 
410.5 	account, with a breakdown by sources of funds; (2) total project costs incurred, with a 
410.6 	breakdown by key project components; and (3) an estimate of ongoing system maintenance 
410.7 	costs.
410.8 		Subd. 4.Prohibited expenditures. The commissioner is prohibited from expending 
410.9 	money from driver and vehicle services accounts created in the special revenue driver and 
410.10 	vehicle services fund for any purpose that is not specifically authorized in this section or in 
410.11 	the chapters specified in this section.

410.12 	Sec. 75. Minnesota Statutes 2016, section 360.013, is amended by adding a subdivision 
410.13 	to read:
410.14 		Subd. 46a.Comprehensive plan. "Comprehensive plan" has the meaning given in 
410.15 	section 394.22, subdivision 9, or 462.352, subdivision 5.

410.16 	Sec. 76. Minnesota Statutes 2016, section 360.017, subdivision 1, is amended to read:
410.17 		Subdivision 1.Creation; authorized disbursements.  (a) There is hereby created a 
410.18 	fund to be known as the state airports fund. The fund shall consist of all money appropriated 
410.19 	to it, or directed to be paid into it, by the legislature.
410.20 	(b) The state airports fund shall be paid out on authorization of the commissioner and 
410.21 	shall be used:
410.22 	(1) to acquire, construct, improve, maintain, and operate airports and other air navigation 
410.23 	facilities;
410.24 	(2) to assist municipalities in the planning, acquisition, construction, improvement, and 
410.25 	maintenance of airports and other air navigation facilities;
410.26 	(3) to assist municipalities to initiate, enhance, and market scheduled air service at their 
410.27 	airports;
410.28 	(4) to promote interest and safety in aeronautics through education and information; and
410.29 	(5) to pay the salaries and expenses of the Department of Transportation related to 
410.30 	aeronautic planning, administration, and operation. All allotments of money from the state 
411.1 	airports fund for salaries and expenses shall be approved by the commissioner of management 
411.2 	and budget.
411.3 	(c) A municipality that adopts a comprehensive plan that the commissioner finds is 
411.4 	incompatible with the state aviation plan is not eligible for assistance from the state airports 
411.5 	fund.

411.6 	Sec. 77. Minnesota Statutes 2016, section 360.021, subdivision 1, is amended to read:
411.7 		Subdivision 1.Authority to establish. The commissioner is authorized and empowered, 
411.8 	on behalf of and in the name of this state, within the limitation of available appropriations, 
411.9 	to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property, 
411.10 	real or personal, for the purpose of establishing and constructing restricted landing areas 
411.11 	and other air navigation facilities and to acquire in like manner, own, control, establish, 
411.12 	construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted 
411.13 	landing areas and other air navigation facilities, either within or without this state; and to 
411.14 	make, prior to any such acquisition, investigations, surveys, and plans. The commissioner 
411.15 	may maintain, equip, operate, regulate, and police airports, either within or without this 
411.16 	state. The operation and maintenance of airports is an essential public service. The 
411.17 	commissioner may maintain at such airports facilities for the servicing of aircraft and for 
411.18 	the comfort and accommodation of air travelers. The commissioner may dispose of any 
411.19 	such property, airport, restricted landing area, or any other air navigation facility, by sale, 
411.20 	lease, or otherwise, in accordance with the laws of this state governing the disposition of 
411.21 	other like property of the state. The commissioner may not acquire or take over any restricted 
411.22 	landing area, or other air navigation facility without the consent of the owner. The 
411.23 	commissioner shall not acquire any additional state airports nor establish any additional 
411.24 	state-owned airports. The commissioner may erect, equip, operate, and maintain on any 
411.25 	airport buildings and equipment necessary and proper to maintain, and conduct such airport 
411.26 	and air navigation facilities connected therewith. The commissioner shall not expend money 
411.27 	for land acquisition, or for the construction, improvement, or maintenance of airports, or 
411.28 	for air navigation facilities for an airport, unless the governmental unit municipality, county, 
411.29 	or joint airport zoning board involved has or is establishing a zoning authority for that 
411.30 	airport, and the authority has made a good-faith showing that it is in the process of and will 
411.31 	complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
411.32 	to 360.074. The commissioner may provide funds to support airport safety projects that 
411.33 	maintain existing infrastructure, regardless of a zoning authority's efforts to complete a 
411.34 	zoning regulation. The commissioner may withhold funding from only the airport subject 
412.1 	to the proposed zoning ordinance. Notwithstanding the foregoing prohibition, the 
412.2 	commissioner may continue to maintain the state-owned airport at Pine Creek.

412.3 	Sec. 78. Minnesota Statutes 2016, section 360.024, is amended to read:
412.4 	360.024 AIR TRANSPORTATION SERVICE CHARGE.
412.5 		Subdivision 1.Charges. (a) The commissioner shall charge users of air transportation 
412.6 	services provided by the commissioner for direct operating costs, excluding pilot salary 
412.7 	and.
412.8 	(b) The commissioner may charge users for a portion of aircraft acquisition, replacement, 
412.9 	or leasing costs.
412.10 		Subd. 2.Accounts; appropriation. (a) An air transportation services account is 
412.11 	established in the state airports fund. The account consists of money collected under 
412.12 	subdivision 1, paragraph (a), and any other money donated, allotted, transferred, or otherwise 
412.13 	provided to the account.All receipts for these services shall be deposited in the air 
412.14 	transportation services account in the state airports fund and Funds in the account are
412.15 	annually appropriated to the commissioner to pay these direct air service operating costs.
412.16 	(b) An aircraft capital account is established in the state airports fund. The account 
412.17 	consists of collections under subdivision 1, paragraph (b), proceeds from the sale of aircraft 
412.18 	under jurisdiction of the department, and any other money donated, allotted, transferred, or 
412.19 	otherwise provided to the account. Except as provided by law, the commissioner must not 
412.20 	transfer funds into or out of the account.

412.21 	Sec. 79. Minnesota Statutes 2016, section 360.062, is amended to read:
412.22 	360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING 
412.23 	NEIGHBORHOOD LAND USES.
412.24 	(a) It is hereby found that an airport hazard endangers the lives and property of users of 
412.25 	the airport and of occupants of land in its vicinity, and may reduce the size of the area 
412.26 	available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility 
412.27 	of the airport and the public investment therein. It is also found that the social and financial 
412.28 	costs of disrupting existing land uses around airports in built up urban areas, particularly 
412.29 	established residential neighborhoods, often outweigh the benefits of a reduction in airport 
412.30 	hazards that might result from the elimination or removal of those uses.
412.31 	(b) Accordingly, it is hereby declared: (1) that the creation or establishment of an airport 
412.32 	hazard is a public nuisance and an injury to the community served by the airport in question; 
413.1 	(2) that it is therefor necessary in the interest of the public health, public safety, and general 
413.2 	welfare that the creation or establishment of airport hazards be prevented and that this should 
413.3 	be accomplished to the extent legally possible, by exercise of the police power, without 
413.4 	compensation; and (3) that the elimination or removal of existing land uses, particularly 
413.5 	established residential neighborhoods in built-up urban areas, or their designation as 
413.6 	nonconforming uses is not in the public interest and should be avoided whenever possible 
413.7 	consistent with reasonable standards of safety.
413.8 	(c) It is further declared that the prevention of the creation or establishment of airport 
413.9 	hazards and the elimination, removal, alteration, mitigation, or marking and lighting of 
413.10 	existing airport hazards are essential public purposes services for which political subdivisions 
413.11 	may raise and expend public funds and acquire land or property interests therein.

413.12 	Sec. 80. Minnesota Statutes 2016, section 360.063, subdivision 1, is amended to read:
413.13 		Subdivision 1.Enforcement under police power. (a) In order to prevent the creation 
413.14 	or establishment of airport hazards, every municipality having an airport hazard area within 
413.15 	its territorial limits may, unless a joint airport zoning board is permitted under subdivision 
413.16 	3, adopt, amend from time to time, administer, and enforce, under the police power and in 
413.17 	the manner and upon the conditions hereinafter prescribed, airport zoning regulations for 
413.18 	such airport hazard area, which regulations may divide such area into zones, and, within 
413.19 	such zones, specify the land uses permitted and regulate and restrict the height to which 
413.20 	structures and trees may be erected or allowed to grow.
413.21 	(b) For the purpose of promoting In order to promote health, safety, order, convenience, 
413.22 	prosperity, general welfare and for conserving to conserve property values and encouraging
413.23 	encourage the most appropriate use of land, the municipality may regulate the location, size 
413.24 	and use of buildings and the density of population in that portion of an airport hazard area 
413.25 	under approach zones for a distance not to exceed two miles from the airport boundary and 
413.26 	in other portions of an in airport hazard area may regulate by land use zoning for a distance 
413.27 	not to exceed one mile from the airport boundary, and by height-restriction zoning for a 
413.28 	distance not to exceed 1-1/2 miles from the airport boundary areas: (1) land use; (2) height 
413.29 	restrictions; (3) the location, size, and use of buildings; and (4) the density of population.
413.30 	(c) The powers granted by this subdivision may be exercised by metropolitan airports 
413.31 	commissions in contiguous cities of the first class in and for which they have been created.
413.32 	(d) In the case of airports owned or operated by the state of Minnesota such powers shall 
413.33 	be exercised by the state airport zoning boards or by the commissioner of transportation as 
413.34 	authorized herein.

414.1 	Sec. 81. Minnesota Statutes 2016, section 360.063, subdivision 3, is amended to read:
414.2 		Subd. 3.Joint airport zoning board. (a) Where an airport is owned or controlled by a 
414.3 	municipality and an airport hazard area appertaining to the airport is located within the 
414.4 	territorial limits of another county or municipality, the municipality owning or controlling 
414.5 	the airport may request a county or municipality in which an airport hazard area is located:
414.6 	(1) to adopt and enforce airport zoning regulations for the area in question that conform 
414.7 	to standards prescribed by the commissioner pursuant to subdivision 4 under sections 
414.8 	360.0655 and 360.0656; or
414.9 	(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning 
414.10 	or controlling municipality shall determine which of these actions it shall request, except 
414.11 	as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall 
414.12 	be made by certified mail to the governing body of each county and municipality in which 
414.13 	an airport hazard area is located.
414.14 	(b) Where an airport is owned or controlled by a municipality and an airport hazard area 
414.15 	appertaining to the airport is located within the territorial limits of another county or 
414.16 	municipality, the municipality owning or controlling the airport and the county or other 
414.17 	municipality within which the airport hazard area is located may, by ordinance or resolution 
414.18 	duly adopted, create a joint airport zoning board, which board shall have the same power 
414.19 	to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard 
414.20 	area in question as that vested by subdivision 1 in the municipality within which the area 
414.21 	is located. A joint board shall have as members two representatives appointed by the 
414.22 	municipality owning or controlling the airport and two from the county or municipality, or 
414.23 	in case more than one county or municipality is involved two from each county or 
414.24 	municipality, in which the airport hazard is located, and in addition a chair elected by a 
414.25 	majority of the members so appointed. All members shall serve at the pleasure of their 
414.26 	respective appointing authority. Notwithstanding any other provision of law to the contrary, 
414.27 	if the owning and controlling municipality is a city of the first class it shall appoint four 
414.28 	members to the board, and the chair of the board shall be elected from the membership of 
414.29 	the board.
414.30 	(c) If a county or municipality, within 60 days of receiving a request from an owning 
414.31 	or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to 
414.32 	enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the 
414.33 	owning or controlling municipality, or a joint airport zoning board created without 
414.34 	participation by the subdivisions which fail to join the board, may itself adopt, administer, 
415.1 	and enforce airport zoning regulations for the airport hazard area in question. In the event 
415.2 	of conflict between the regulations and airport zoning regulations adopted by the county or 
415.3 	municipality within which the airport hazard area is located, section 360.064, subdivision 
415.4 	2, applies.
415.5 	(d) "Owning or controlling municipality," as used in this subdivision, includes:
415.6 	(1) a joint airport operating board created pursuant to section 360.042 that has been 
415.7 	granted all the powers of a municipality in zoning matters under the agreement creating the 
415.8 	board;
415.9 	(2) a joint airport operating board created pursuant to section 360.042 that has not been 
415.10 	granted zoning powers under the agreement creating the board; provided that the board shall 
415.11 	not itself adopt zoning regulations nor shall a joint airport zoning board created at its request 
415.12 	adopt zoning regulations unless all municipalities that created the joint operating board join 
415.13 	to create the joint zoning board; and
415.14 	(3) the Metropolitan Airports Commission established and operated pursuant to chapter 
415.15 	473.
415.16 	(e) The Metropolitan Airports Commission shall request creation of one joint airport 
415.17 	zoning board for each airport operated under its authority.

415.18 	Sec. 82. Minnesota Statutes 2016, section 360.064, subdivision 1, is amended to read:
415.19 		Subdivision 1.Comprehensive regulations. In the event that a municipality has adopted, 
415.20 	or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the 
415.21 	height of buildings, any airport zoning regulations applicable to the same area or portion 
415.22 	thereof may must be incorporated by reference or incorporated in and made a part of such 
415.23 	comprehensive zoning regulations and be administered and enforced in connection therewith.

415.24 	Sec. 83. Minnesota Statutes 2016, section 360.065, subdivision 1, is amended to read:
415.25 		Subdivision 1.Notice of proposed zoning regulations, hearing. (a) No airport zoning 
415.26 	regulations shall be adopted, amended, or changed under sections 360.011 to 360.076, 
415.27 	except by action of the governing body of the municipality or, county in question, or joint 
415.28 	airport zoning board under section 360.0655 or 360.0656, or the boards provided for in 
415.29 	section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions 
415.30 	6 and 8, after public hearings, at which parties in interest and citizens shall have an 
415.31 	opportunity to be heard.
416.1 	(b) A public hearing shall must be held on the proposed airport zoning regulations 
416.2 	proposed by a municipality, county, or joint airport zoning board before they are submitted 
416.3 	for approval to the commissioner and after that approval but before final adoption by the 
416.4 	local zoning authority for approval. If any changes that alter the regulations placed on a 
416.5 	parcel of land are made to the proposed airport zoning regulations after the initial public 
416.6 	hearing, the municipality, county, or joint airport zoning board must hold a second public 
416.7 	hearing before final adoption of the regulation. The commissioner may require a second 
416.8 	hearing as determined necessary.
416.9 	(c) Notice of a hearing required pursuant to this subdivision shall must be published by 
416.10 	the local zoning authority municipality, county, or joint airport zoning board at least three 
416.11 	times during the period between 15 days and five days before the hearing in an official 
416.12 	newspaper and in a second newspaper designated by that authority which has a wide general 
416.13 	circulation in the area affected by the proposed regulations.and posted on the municipality's, 
416.14 	county's, or joint airport zoning board's Web site. If there is not a second newspaper of wide 
416.15 	general circulation in the area that the municipality, county, or joint airport zoning board 
416.16 	can designate for the notice, the municipality, county, or joint airport zoning board is only 
416.17 	required to publish the notice once in the official newspaper of the jurisdiction. The notice 
416.18 	shall not be published in the legal notice section of a newspaper. The notice must specify 
416.19 	the time, location, and purpose of the hearing, and must identify any additional location and 
416.20 	time the proposed regulations will be available for public inspection. A copy of the published 
416.21 	notice must be added to the record of the proceedings.
416.22 	(d) Notice of a hearing shall also be mailed to the governing body of each political 
416.23 	subdivision in which property affected by the regulations is located. Notice shall must be 
416.24 	given by mail at least 15 ten days before each hearing to any persons in municipalities that 
416.25 	own land proposed to be included in safety zone A or B as provided in the rules of the 
416.26 	Department of Transportation and landowners where the location or size of a building, or 
416.27 	the density of population, will be regulated. Mailed notice must also be provided at least 
416.28 	ten days before each hearing to persons or municipalities that have previously requested 
416.29 	such notice from the authority.municipality, county, or joint airport zoning board. The 
416.30 	notice must specify the time, location, and purpose of the hearing, and must identify any 
416.31 	additional location and time the proposed regulations will be made available for public 
416.32 	inspection. Mailed notice must also identify the property affected by the regulations. For 
416.33 	the purpose of giving providing mailed notice, the authority municipality, county, or joint 
416.34 	airport zoning board may use any appropriate records to determine the names and addresses 
416.35 	of owners. A copy of the notice and a list of the owners and addresses to which the notice 
417.1 	was sent shall be attested to by the responsible person and shall must be made a part of
417.2 	added to the records of the proceedings. The Failure to give provide mailed notice to 
417.3 	individual property owners, or defects a defect in the notice, shall does not invalidate the 
417.4 	proceedings; provided if a bona fide attempt to comply with this subdivision has been was
417.5 	made. A notice shall describe the property affected by the proposed regulations and the 
417.6 	restrictions to be imposed on the property by the regulations and shall state the place and 
417.7 	time at which the proposed regulations are available for public inspection.

417.8 	Sec. 84. [360.0655] AIRPORT ZONING REGULATIONS BASED ON 
417.9 	COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.
417.10 		Subdivision 1.Submission to commissioner; review. (a) Except as provided in section 
417.11 	360.0656, prior to adopting zoning regulations the municipality, county, or joint airport 
417.12 	zoning board must submit the proposed regulations to the commissioner for the commissioner 
417.13 	to determine whether the regulations conform to the standards prescribed by the 
417.14 	commissioner. The municipality, county, or joint airport zoning board may elect to complete 
417.15 	custom airport zoning under section 360.0656 instead of using the commissioner's standard, 
417.16 	but only after providing written notice to the commissioner.
417.17 	(b) Notwithstanding section 15.99, the commissioner must examine the proposed 
417.18 	regulations within 90 days of receipt of the regulations and report to the municipality, county, 
417.19 	or joint airport zoning board the commissioner's approval or objections, if any. Failure to 
417.20 	respond within 90 days is deemed an approval. The commissioner may request additional 
417.21 	information from the municipality, county, or joint airport zoning board within the 90-day 
417.22 	review period. If the commissioner requests additional information, the 90-day review period 
417.23 	is tolled until the commissioner receives information and deems the information satisfactory.
417.24 	(c) If the commissioner objects on the grounds that the regulations do not conform to 
417.25 	the standards prescribed by the commissioner, the municipality, county, or joint airport 
417.26 	zoning board must make amendments necessary to resolve the objections or provide written 
417.27 	notice to the commissioner that the municipality, county, or joint airport zoning board has 
417.28 	elected to proceed with zoning under section 360.0656.
417.29 	(d) If the municipality, county, or joint airport zoning board makes revisions to the 
417.30 	proposed regulations after its initial public hearing, the municipality, county, or joint airport 
417.31 	zoning board must conduct a second public hearing on the revisions and resubmit the revised 
417.32 	proposed regulations to the commissioner for review. The commissioner must examine the 
417.33 	revised proposed regulations within 90 days of receipt to determine whether the revised 
417.34 	proposed regulations conform to the standards prescribed by the commissioner.
418.1 	(e) If, after a second review period, the commissioner determines that the municipality, 
418.2 	county, or joint airport zoning board failed to submit proposed regulations that conform to 
418.3 	the commissioner's standards, the commissioner must provide a final written decision to 
418.4 	the municipality, county, or joint airport zoning board.
418.5 	(f) The municipality, county, or joint airport zoning board must not adopt regulations 
418.6 	or take other action until the proposed regulations are approved by the commissioner.
418.7 	(g) The commissioner may approve local zoning ordinances that are more stringent than 
418.8 	the commissioner's standards.
418.9 	(h) If the commissioner approves the proposed regulations, the municipality, county, or 
418.10 	joint airport zoning board may adopt the regulations.
418.11 	(i) A copy of the adopted regulations must be filed with the county recorder in each 
418.12 	county that contains a zoned area subject to the regulations.
418.13 	(j) Substantive rights that existed and had been exercised prior to August 1, 2018, are 
418.14 	not affected by the filing of the regulations.
418.15 		Subd. 2.Protection of existing land uses. (a) In order to ensure minimum disruption 
418.16 	of existing land uses, the commissioner's airport zoning standards and local airport zoning 
418.17 	ordinances or regulations adopted under this section must distinguish between the creation 
418.18 	or establishment of a use and the elimination of an existing use, and must avoid the 
418.19 	elimination, removal, or reclassification of existing uses to the extent consistent with 
418.20 	reasonable safety standards. The commissioner's standards must include criteria for 
418.21 	determining when an existing land use may constitute an airport hazard so severe that public 
418.22 	safety considerations outweigh the public interest in preventing disruption to that land use.
418.23 	(b) Airport zoning regulations that classify as a nonconforming use or require 
418.24 	nonconforming use classification with respect to any existing low-density structure or 
418.25 	existing isolated low-density building lots must be adopted under sections 360.061 to 
418.26 	360.074.
418.27 	(c) A local airport zoning authority may classify a land use described in paragraph (b) 
418.28 	as an airport hazard if the authority finds that the classification is justified by public safety 
418.29 	considerations and is consistent with the commissioner's airport zoning standards. Any land 
418.30 	use described in paragraph (b) that is classified as an airport hazard must be acquired, altered, 
418.31 	or removed at public expense.
418.32 	(d) This subdivision must not be construed to affect the classification of any land use 
418.33 	under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.

419.1 	Sec. 85. [360.0656] CUSTOM AIRPORT ZONING STANDARDS.
419.2 		Subdivision 1.Custom airport zoning standards; factors. (a) Notwithstanding section 
419.3 	360.0655, a municipality, county, or joint airport zoning board must provide notice to the 
419.4 	commissioner when the municipality, county, or joint airport zoning board intends to establish 
419.5 	and adopt custom airport zoning regulations under this section.
419.6 	(b) Airport zoning regulations submitted to the commissioner under this subdivision are 
419.7 	not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota 
419.8 	Rules, part 8800.2400.
419.9 	(c) When developing and adopting custom airport zoning regulations under this section, 
419.10 	the municipality, county, or joint airport zoning board must include in the record a detailed 
419.11 	analysis that explains how the proposed custom airport zoning regulations addressed the 
419.12 	following factors to ensure a reasonable level of safety:
419.13 	(1) the location of the airport, the surrounding land uses, and the character of 
419.14 	neighborhoods in the vicinity of the airport, including:
419.15 	(i) the location of vulnerable populations, including schools, hospitals, and nursing 
419.16 	homes, in the airport hazard area;
419.17 	(ii) the location of land uses that attract large assemblies of people in the airport hazard 
419.18 	area;
419.19 	(iii) the availability of contiguous open spaces in the airport hazard area;
419.20 	(iv) the location of wildlife attractants in the airport hazard area;
419.21 	(v) airport ownership or control of the federal Runway Protection Zone and the 
419.22 	department's Clear Zone;
419.23 	(vi) land uses that create or cause interference with the operation of radio or electronic 
419.24 	facilities used by the airport or aircraft;
419.25 	(vii) land uses that make it difficult for pilots to distinguish between airport lights and 
419.26 	other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the 
419.27 	vicinity of the airport;
419.28 	(viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the 
419.29 	aircraft;
419.30 	(ix) airspace protection to prevent the creation of air navigation hazards in the airport 
419.31 	hazard area; and
420.1 	(x) the social and economic costs of restricting land uses;
420.2 	(2) the airport's type of operations and how the operations affect safety surrounding the 
420.3 	airport;
420.4 	(3) the accident rate at the airport compared to a statistically significant sample, including 
420.5 	an analysis of accident distribution based on the rate with a higher accident incidence;
420.6 	(4) the planned land uses within an airport hazard area, including any applicable platting, 
420.7 	zoning, comprehensive plan, or transportation plan; and
420.8 	(5) any other information relevant to safety or the airport.
420.9 		Subd. 2.Submission to commissioner; review. (a) Except as provided in section 
420.10 	360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport 
420.11 	zoning board must submit its proposed regulations and the supporting record to the 
420.12 	commissioner for review. The commissioner must determine whether the proposed custom 
420.13 	airport zoning regulations and supporting record (1) evaluate the criteria under subdivision 
420.14 	1, and (2) provide a reasonable level of safety.
420.15 	(b) Notwithstanding section 15.99, the commissioner must examine the proposed 
420.16 	regulations within 90 days of receipt of the regulations and report to the municipality, county, 
420.17 	or joint airport zoning board the commissioner's approval or objections, if any. Failure to 
420.18 	respond within 90 days is deemed an approval. The commissioner may request additional 
420.19 	information from the municipality, county, or joint airport zoning board within the 90-day 
420.20 	review period.
420.21 	(c) If the commissioner objects on the grounds that the regulations do not provide a 
420.22 	reasonable level of safety, the municipality, county, or joint airport zoning board must 
420.23 	review, consider, and provide a detailed explanation demonstrating how it evaluated the 
420.24 	objections and what action it took or did not take in response to the objections. If the 
420.25 	municipality, county, or joint airport zoning board submits amended regulations after its 
420.26 	initial public hearing, the municipality, county, or joint airport zoning board must conduct 
420.27 	a second public hearing on the revisions and resubmit the revised proposed regulations to 
420.28 	the commissioner for review. The commissioner must examine the revised proposed 
420.29 	regulations within 90 days of receipt of the regulations. If the commissioner requests 
420.30 	additional information, the 90-day review period is tolled until satisfactory information is 
420.31 	received by the commissioner. Failure to respond within 90 days is deemed an approval.
420.32 	(d) If, after the second review period, the commissioner determines that the municipality, 
420.33 	county, or joint airport zoning board failed to submit proposed regulations that provide a 
421.1 	reasonable safety level, the commissioner must provide a final written decision to the 
421.2 	municipality, county, or joint airport zoning board.
421.3 	(e) A municipality, county, or joint airport zoning board is prohibited from adopting 
421.4 	custom regulations or taking other action until the proposed regulations are approved by 
421.5 	the commissioner.
421.6 	(f) If the commissioner approves the proposed regulations, the municipality, county, or 
421.7 	joint airport zoning board may adopt the regulations.
421.8 	(g) A copy of the adopted regulations must be filed with the county recorder in each 
421.9 	county that contains a zoned area subject to the regulations.
421.10 	(h) Substantive rights that existed and had been exercised prior to August 1, 2018, are 
421.11 	not affected by the filing of the regulations.

421.12 	Sec. 86. Minnesota Statutes 2016, section 360.066, subdivision 1, is amended to read:
421.13 		Subdivision 1.Reasonableness. Standards of the commissioner Zoning standards defining 
421.14 	airport hazard areas and the categories of uses permitted and airport zoning regulations 
421.15 	adopted under sections 360.011 to 360.076, shall must be reasonable, and none shall impose 
421.16 	a requirement or restriction which that is not reasonably necessary to effectuate the purposes 
421.17 	of sections 360.011 to 360.076. In determining what minimum airport zoning regulations 
421.18 	may be adopted, the commissioner and a local airport zoning authority shall consider, among 
421.19 	other things, the character of the flying operations expected to be conducted at the airport, 
421.20 	the location of the airport, the nature of the terrain within the airport hazard area, the existing 
421.21 	land uses and character of the neighborhood around the airport, the uses to which the property 
421.22 	to be zoned are planned and adaptable, and the social and economic costs of restricting land 
421.23 	uses versus the benefits derived from a strict application of the standards of the commissioner.

421.24 	Sec. 87. Minnesota Statutes 2016, section 360.067, is amended by adding a subdivision 
421.25 	to read:
421.26 		Subd. 5.Federal no hazard determination. (a) Notwithstanding subdivisions 1 and 2, 
421.27 	a municipality, county, or joint airport zoning board may include in its custom airport zoning 
421.28 	regulations adopted under section 360.0656 an option to permit construction of a structure, 
421.29 	an increase or alteration of the height of a structure, or the growth of an existing tree without 
421.30 	a variance from height restrictions if the Federal Aviation Administration has analyzed the 
421.31 	proposed construction, alteration, or growth under Code of Federal Regulations, title 14, 
421.32 	part 77, and has determined the proposed construction, alteration, or growth does not:
422.1 	(1) pose a hazard to air navigation;
422.2 	(2) require changes to airport or aircraft operations; or
422.3 	(3) require any mitigation conditions by the Federal Aviation Administration that cannot 
422.4 	be satisfied by the landowner.
422.5 	(b) A municipality, county, or joint airport zoning board that permits an exception to 
422.6 	height restrictions under this subdivision must require the applicant to file the Federal 
422.7 	Aviation Administration's no hazard determination with the applicable zoning administrator. 
422.8 	The applicant must obtain written approval of the zoning administrator before construction, 
422.9 	alteration, or growth may occur. Failure of the administrator to respond within 60 days to 
422.10 	a filing under this subdivision is deemed a denial. The Federal Aviation Administration's 
422.11 	no hazard determination does not apply to requests for variation from land use, density, or 
422.12 	any other requirement unrelated to the height of structures or the growth of trees.

422.13 	Sec. 88. Minnesota Statutes 2016, section 360.071, subdivision 2, is amended to read:
422.14 		Subd. 2.Membership. (a) Where a zoning board of appeals or adjustment already exists, 
422.15 	it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall 
422.16 	consist of five members, each to be appointed for a term of three years by the authority 
422.17 	adopting the regulations and to be removable by the appointing authority for cause, upon 
422.18 	written charges and after public hearing. The length of initial appointments may be staggered.
422.19 	(b) In the case of a Metropolitan Airports Commission, five members shall be appointed 
422.20 	by the commission chair from the area in and for which the commission was created, any 
422.21 	of whom may be members of the commission. In the case of an airport owned or operated 
422.22 	by the state of Minnesota, the board of commissioners of the county, or counties, in which 
422.23 	the airport hazard area is located shall constitute the airport board of adjustment and shall 
422.24 	exercise the powers and duties of such board as provided herein.

422.25 	Sec. 89. Minnesota Statutes 2016, section 360.305, subdivision 6, is amended to read:
422.26 		Subd. 6.Zoning required. The commissioner shall must not expend money for planning 
422.27 	or land acquisition, or for the construction, improvement, or maintenance of airports, or for 
422.28 	air navigation facilities for an airport, unless the governmental unit municipality, county, 
422.29 	or joint airport zoning board involved has or is establishing a zoning authority for that 
422.30 	airport, and the authority has made a good-faith showing that it is in the process of and will 
422.31 	complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
422.32 	to 360.074. The commissioner may provide funds to support airport safety projects that 
423.1 	maintain existing infrastructure, regardless of a zoning authority's efforts to complete a 
423.2 	zoning regulation. The commissioner shall must make maximum use of zoning and easements 
423.3 	to eliminate runway and other potential airport hazards rather than land acquisition in fee.

423.4 	Sec. 90. Minnesota Statutes 2016, section 394.22, is amended by adding a subdivision to 
423.5 	read:
423.6 		Subd. 1a.Airport safety zone. "Airport safety zone" means an area subject to land use 
423.7 	zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate 
423.8 	(1) the size or location of buildings, or (2) the density of population.

423.9 	Sec. 91. Minnesota Statutes 2016, section 394.23, is amended to read:
423.10 	394.23 COMPREHENSIVE PLAN.
423.11 	The board has the power and authority to prepare and adopt by ordinance, a 
423.12 	comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be 
423.13 	the basis for official controls adopted under the provisions of sections 394.21 to 394.37. 
423.14 	The commissioner of natural resources must provide the natural heritage data from the 
423.15 	county biological survey, if available, to each county for use in the comprehensive plan. 
423.16 	When adopting or updating the comprehensive plan, the board must, if the data is available 
423.17 	to the county, consider natural heritage data resulting from the county biological survey. In 
423.18 	a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 
423.19 	10b, the board must consider adopting goals and objectives that will protect open space and 
423.20 	the environment. The board must consider the location and dimensions of airport safety 
423.21 	zones in any portion of the county, and of any airport improvements, identified in the airport's 
423.22 	most recent approved airport layout plan.

423.23 	Sec. 92. Minnesota Statutes 2016, section 394.231, is amended to read:
423.24 	394.231 COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.
423.25 	A county adopting or updating a comprehensive plan in a county outside the metropolitan 
423.26 	area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent 
423.27 	area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and 
423.28 	objectives for the preservation of agricultural, forest, wildlife, and open space land, and 
423.29 	minimizing development in sensitive shoreland areas. Within three years of updating the 
423.30 	comprehensive plan, the county shall consider adopting ordinances as part of the county's 
423.31 	official controls that encourage the implementation of the goals and objectives. The county 
423.32 	shall consider the following goals and objectives:
424.1 	(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and 
424.2 	open space lands, including consideration of appropriate minimum lot sizes;
424.3 	(2) minimizing further development in sensitive shoreland areas;
424.4 	(3) minimizing development near wildlife management areas, scientific and natural 
424.5 	areas, and nature centers;
424.6 	(4) encouraging land uses in airport safety zones that are compatible with the safe 
424.7 	operation of the airport and the safety of people in the vicinity of the airport;
424.8 	(4) (5) identification of areas of preference for higher density, including consideration 
424.9 	of existing and necessary water and wastewater services, infrastructure, other services, and 
424.10 	to the extent feasible, encouraging full development of areas previously zoned for 
424.11 	nonagricultural uses;
424.12 	(5) (6) encouraging development close to places of employment, shopping centers, 
424.13 	schools, mass transit, and other public and private service centers;
424.14 	(6) (7) identification of areas where other developments are appropriate; and
424.15 	(7) (8) other goals and objectives a county may identify.

424.16 	Sec. 93. Minnesota Statutes 2016, section 394.25, subdivision 3, is amended to read:
424.17 		Subd. 3.In district zoning, maps. Within each such district zoning ordinances or maps 
424.18 	may also be adopted designating or limiting the location, height, width, bulk, type of 
424.19 	foundation, number of stories, size of, and the specific uses for which dwellings, buildings, 
424.20 	and structures may be erected or altered; the minimum and maximum size of yards, courts, 
424.21 	or other open spaces; setback from existing roads and highways and roads and highways 
424.22 	designated on an official map; protective measures necessary to protect the public interest 
424.23 	including but not limited to controls relating to appearance, signs, lighting, hours of operation 
424.24 	and other aesthetic performance characteristics including but not limited to noise, heat, 
424.25 	glare, vibrations and smoke; the area required to provide for off street loading and parking 
424.26 	facilities; heights of trees and structures near airports; and to avoid too great concentration 
424.27 	or scattering of the population. All such provisions shall be uniform for each class of land 
424.28 	or building throughout each district, but the provisions in one district may differ from those 
424.29 	in other districts. No provision may prohibit earth sheltered construction as defined in section 
424.30 	216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31
424.31 	to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section.
424.32 	Airport safety zones must be included on maps that illustrate boundaries of zoning districts 
424.33 	and that are adopted as official controls.

425.1 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to maps 
425.2 	created or updated under this section on or after that date.

425.3 	Sec. 94. Minnesota Statutes 2016, section 462.352, is amended by adding a subdivision 
425.4 	to read:
425.5 		Subd. 1a.Airport safety zone. "Airport safety zone" has the meaning given in section 
425.6 	394.22, subdivision 1a.

425.7 	Sec. 95. Minnesota Statutes 2016, section 462.355, subdivision 1, is amended to read:
425.8 		Subdivision 1.Preparation and review. The planning agency shall prepare the 
425.9 	comprehensive municipal plan. In discharging this duty the planning agency shall consult 
425.10 	with and coordinate the planning activities of other departments and agencies of the 
425.11 	municipality to insure conformity with and to assist in the development of the comprehensive 
425.12 	municipal plan. In its planning activities the planning agency shall take due cognizance of 
425.13 	the planning activities of adjacent units of government and other affected public agencies. 
425.14 	The planning agency shall periodically review the plan and recommend amendments 
425.15 	whenever necessary. When preparing or recommending amendments to the comprehensive 
425.16 	plan, the planning agency of a municipality located within a county that is not a greater than 
425.17 	80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting 
425.18 	goals and objectives that will protect open space and the environment. When preparing or 
425.19 	recommending amendments to the comprehensive plan, the planning agency must consider 
425.20 	(1) the location and dimensions of airport safety zones in any portion of the municipality, 
425.21 	and (2) any airport improvements identified in the airport's most recent approved airport 
425.22 	layout plan.

425.23 	Sec. 96. Minnesota Statutes 2016, section 462.357, is amended by adding a subdivision 
425.24 	to read:
425.25 		Subd. 1i.Airport safety zones on zoning maps. Airport safety zones must be included 
425.26 	on maps that illustrate boundaries of zoning districts and that are adopted as official controls.

425.27 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to maps 
425.28 	created or updated under this section on or after that date.

425.29 	Sec. 97. Minnesota Statutes 2016, section 462.357, subdivision 9, is amended to read:
425.30 		Subd. 9.Development goals and objectives. In adopting official controls after July 1, 
425.31 	2008, in a municipality outside the metropolitan area, as defined by section 473.121, 
426.1 	subdivision 2, the municipality shall consider restricting new residential, commercial, and 
426.2 	industrial development so that the new development takes place in areas subject to the 
426.3 	following goals and objectives:
426.4 	(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and 
426.5 	open space lands, including consideration of appropriate minimum lot sizes;
426.6 	(2) minimizing further development in sensitive shoreland areas;
426.7 	(3) minimizing development near wildlife management areas, scientific and natural 
426.8 	areas, and nature centers;
426.9 	(4) encouraging land uses in airport safety zones that are compatible with the safe 
426.10 	operation of the airport and the safety of people in the vicinity of the airport;
426.11 	(4) (5) identification of areas of preference for higher density, including consideration 
426.12 	of existing and necessary water and wastewater services, infrastructure, other services, and 
426.13 	to the extent feasible, encouraging full development of areas previously zoned for 
426.14 	nonagricultural uses;
426.15 	(5) (6) encouraging development close to places of employment, shopping centers, 
426.16 	schools, mass transit, and other public and private service centers;
426.17 	(6) (7) identification of areas where other developments are appropriate; and
426.18 	(7) (8) other goals and objectives a municipality may identify.

426.19 	Sec. 98. Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to 
426.20 	read:
426.21 		Subd. 1d.Budget amendments. In conjunction with the adoption of any amendment 
426.22 	to a budget under subdivision 1, the council must submit a summary of the budget changes 
426.23 	and a copy of the amended budget to the members and staff of the legislative committees 
426.24 	with jurisdiction over transportation policy and finance and to the Legislative Commission 
426.25 	on Metropolitan Government.

426.26 	EFFECTIVE DATE; APPLICATION. This section is effective the day following 
426.27 	final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
426.28 	Scott, and Washington.

427.1 	Sec. 99. Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to 
427.2 	read:
427.3 		Subd. 6.Overview of revenues and expenditures; forecast. (a) In cooperation with 
427.4 	the Department of Management and Budget and as required by section 16A.103, in February 
427.5 	and November of each year the council must prepare a financial overview and forecast of 
427.6 	revenues and expenditures for the transportation components of the council's budget.
427.7 	(b) At a minimum, the financial overview and forecast must identify:
427.8 	(1) actual revenues, expenditures, transfers, reserves, and balances for each of the previous 
427.9 	four budget years;
427.10 	(2) budgeted and forecasted revenues, expenditures, transfers, reserves, and balances 
427.11 	for each year within the state forecast period; and
427.12 	(3) a comparison of the information under clause (2) to the prior forecast, including any 
427.13 	changes made.
427.14 	(c) The information under paragraph (b), clauses (1) and (2), must include:
427.15 	(1) a breakdown for each transportation operating budget category established by the 
427.16 	council, including but not limited to bus, light rail transit, commuter rail, planning, special 
427.17 	transportation service under section 473.386, and assistance to replacement service providers 
427.18 	under section 473.388;
427.19 	(2) data for both transportation operating and capital expenditures; and
427.20 	(3) fund balances for each replacement service provider under section 473.388.
427.21 	(d) The financial overview and forecast must summarize reserve policies, identify the 
427.22 	methodology for cost allocation, and review revenue assumptions and variables affecting 
427.23 	the assumptions.
427.24 	(e) The council must review the financial overview and forecast information with the 
427.25 	chairs, ranking minority members, and staff of the legislative committees with jurisdiction 
427.26 	over finance, ways and means, and transportation finance no later than two weeks following 
427.27 	the release of the forecast.

427.28 	EFFECTIVE DATE; APPLICATION. This section is effective the day following 
427.29 	final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
427.30 	Scott, and Washington.

428.1 	Sec. 100. Minnesota Statutes 2016, section 473.386, subdivision 3, is amended to read:
428.2 		Subd. 3.Duties of council. In implementing the special transportation service, the council 
428.3 	shall:
428.4 	(a) encourage participation in the service by public, private, and private nonprofit 
428.5 	providers of special transportation currently receiving capital or operating assistance from 
428.6 	a public agency;
428.7 	(b) when feasible and cost-efficient, contract with public, private, and private nonprofit 
428.8 	providers that have demonstrated their ability to effectively provide service at a reasonable 
428.9 	cost;
428.10 	(c) encourage individuals using special transportation to use the type of service most 
428.11 	appropriate to their particular needs;
428.12 	(d) encourage shared rides to the greatest extent practicable;
428.13 	(e) encourage public agencies that provide transportation to eligible individuals as a 
428.14 	component of human services and educational programs to coordinate with this service and 
428.15 	to allow reimbursement for transportation provided through the service at rates that reflect 
428.16 	the public cost of providing that transportation;
428.17 	(f) establish criteria to be used in determining individual eligibility for special 
428.18 	transportation services;
428.19 	(g) consult with the Transportation Accessibility Advisory Committee in a timely manner 
428.20 	before changes are made in the provision of special transportation services;
428.21 	(h) provide for effective administration and enforcement of council policies and standards; 
428.22 	and
428.23 	(i) ensure that, taken as a whole including contracts with public, private, and private 
428.24 	nonprofit providers, the geographic coverage area of the special transportation service is 
428.25 	continuous within the boundaries of the transit taxing district, as defined as of March 1, 
428.26 	2006, in section 473.446, subdivision 2, and any area added to the transit taxing district 
428.27 	under section 473.4461 that received capital improvements financed in part by the Minnesota 
428.28 	Urban Partnership Agreement (UPA) under the United States Department of Transportation 
428.29 	UPA program.

428.30 	EFFECTIVE DATE; APPLICATION. This section is effective July 1, 2019, and 
428.31 	applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

429.1 	Sec. 101. Minnesota Statutes 2016, section 473.386, is amended by adding a subdivision 
429.2 	to read:
429.3 		Subd. 9.Data practices. (a) For purposes of administering this section, and only with 
429.4 	the consent of the data subject, the commissioner of human services and the Metropolitan 
429.5 	Council may share the following private data on individuals eligible for special transportation 
429.6 	services:
429.7 	(1) name;
429.8 	(2) date of birth;
429.9 	(3) residential address; and
429.10 	(4) program eligibility status with expiration date, to inform the other party of program 
429.11 	eligibility.
429.12 	(b) The commissioner of human services and the Metropolitan Council must provide 
429.13 	notice regarding data sharing to each individual applying for or renewing eligibility to use 
429.14 	special transportation services. The notice must seek consent to engage in data sharing under 
429.15 	paragraph (a), and must state how and for what purposes the individual's private data will 
429.16 	be shared between the commissioner of human services and the Metropolitan Council. A 
429.17 	consent to engage in data sharing is effective until the individual's eligibility expires, but 
429.18 	may be renewed if the individual applies to renew eligibility.

429.19 	EFFECTIVE DATE; APPLICATION. This section is effective the day following 
429.20 	final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
429.21 	Scott, and Washington. Within 60 days of this section's effective date, the commissioner 
429.22 	of human services and the Metropolitan Council must provide notice regarding data sharing 
429.23 	to each individual who is currently receiving special transportation services under Minnesota 
429.24 	Statutes, section 473.386. The notice must provide an opportunity to opt out of data sharing 
429.25 	under paragraph (a) of this section, and must state how and for what purposes the individual's 
429.26 	private data will be shared between the commissioner of human services and the Metropolitan 
429.27 	Council. An individual who is currently receiving special transportation services on this 
429.28 	section's effective date is presumed to have consented to data sharing under paragraph (a) 
429.29 	unless, within 60 days of the dissemination of the notice, the individual appropriately informs 
429.30 	the commissioner of human services or the Metropolitan Council that the individual opts 
429.31 	out of data sharing.

430.1 	Sec. 102. Minnesota Statutes 2017 Supplement, section 473.4051, subdivision 2, is amended 
430.2 	to read:
430.3 		Subd. 2.Operating costs. (a) After operating revenue and federal money have been 
430.4 	used to pay for light rail transit operations, 50 percent of the remaining operating costs must 
430.5 	be paid by the state.
430.6 	(b) Notwithstanding paragraph (a), all operating and ongoing capital maintenance costs 
430.7 	must be paid from nonstate sources for a segment of a light rail transit line or line extension 
430.8 	project that formally entered the engineering phase of the Federal Transit Administration's 
430.9 	"New Starts" capital investment grant program between August 1, 2016, and December 31, 
430.10 	2016.
430.11 	(c) For purposes of this subdivision, operating costs consist of the costs associated with 
430.12 	light rail system daily operations and the maintenance costs associated with keeping light 
430.13 	rail services and facilities operating. Operating costs do not include costs incurred to construct 
430.14 	new buildings or facilities, purchase new vehicles, or make technology improvements.

430.15 	EFFECTIVE DATE; APPLICATION. This section is effective the day following 
430.16 	final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
430.17 	Scott, and Washington.

430.18 	Sec. 103. Minnesota Statutes 2016, section 473.4051, subdivision 3, is amended to read:
430.19 		Subd. 3.Capital costs. State money may must not be used to pay more than ten percent 
430.20 	of for the total capital cost of a light rail transit project.

430.21 	EFFECTIVE DATE; APPLICATION. This section is effective the day following 
430.22 	final enactment for appropriations encumbered on or after that date and applies in the 
430.23 	counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

430.24 	Sec. 104. Minnesota Statutes 2016, section 473.606, subdivision 5, is amended to read:
430.25 		Subd. 5.Employees, others, affirmative action; prevailing wage. The corporation 
430.26 	shall have the power to appoint engineers and other consultants, attorneys, and such other 
430.27 	officers, agents, and employees as it may see fit, who shall perform such duties and receive 
430.28 	such compensation as the corporation may determine notwithstanding the provisions of 
430.29 	section 43A.17, subdivision 9, and be removable at the pleasure of the corporation. The 
430.30 	corporation must adopt an affirmative action plan, which shall be submitted to the appropriate 
430.31 	agency or office of the state for review and approval. The plan must include a yearly progress 
430.32 	report to the agency or office. Whenever the corporation performs any work within the 
431.1 	limits of a city of the first class, or establishes a minimum wage for skilled or unskilled 
431.2 	labor in the specifications or any contract for work within one of the cities, the rate of pay 
431.3 	to such skilled and unskilled labor must be the prevailing rate of wage for such labor in that 
431.4 	city.

431.5 	Sec. 105. Minnesota Statutes 2016, section 574.26, subdivision 1a, is amended to read:
431.6 		Subd. 1a.Exemptions: certain manufacturers; commissioner of transportation; 
431.7 	road maintenance. (a) Sections 574.26 to 574.32 do not apply to a manufacturer of public 
431.8 	transit buses that manufactures at least 100 public transit buses in a calendar year. For 
431.9 	purposes of this section, "public transit bus" means a motor vehicle designed to transport 
431.10 	people, with a design capacity for carrying more than 40 passengers, including the driver. 
431.11 	The term "public transit bus" does not include a school bus, as defined in section 169.011, 
431.12 	subdivision 71.
431.13 	(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32
431.14 	do not apply to any projects of the Department of Transportation (1) costing less than the 
431.15 	amount in section 471.345, subdivision 3, or (2) involving the permanent or semipermanent 
431.16 	installation of heavy machinery, fixtures, or other capital equipment to be used primarily 
431.17 	for maintenance or repair, or (3) awarded under section 161.32, subdivision 2.
431.18 	(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal, 
431.19 	grading, or other similar routine road maintenance on town roads.

431.20 	Sec. 106. [604.135] CRITICAL INFRASTRUCTURE; JOINT AND SEVERAL 
431.21 	LIABILITY.
431.22 	(a) A person who is convicted of trespass under section 609.6055 or damage to property 
431.23 	under section 609.594, or is arrested for a violation of one or both of those sections and 
431.24 	convicted of another offense arising out of the same behavioral incident, may be held liable 
431.25 	for any damages to personal or real property committed by the person while trespassing or 
431.26 	causing damage to property.
431.27 	(b) A person or entity that knowingly recruits, trains, aids, advises, hires, counsels, 
431.28 	conspires with, or otherwise procures another for the purpose of trespassing or causing 
431.29 	damage to property as described in paragraph (a) may also be jointly and severally liable 
431.30 	for the damages under paragraph (a).
431.31 	(c) A labor organization, its leaders, or its members shall not be subject to this provision 
431.32 	unless the labor organization, its leaders, or its members knowingly recruits, trains, aids, 
432.1 	advises, hires, counsels, conspires with, or otherwise procures another for the purpose of 
432.2 	trespassing or causing damage to critical infrastructure.
432.3 	(d) As used in this section, "labor organization" has the meaning given in section 179.01, 
432.4 	subdivision 6.
432.5 	(e) Nothing in this section shall interfere with the rights specifically granted in sections 
432.6 	179.01 to 179.17, the Fair Labor Standards Act.

432.7 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to causes 
432.8 	of action arising on or after that date.

432.9 	Sec. 107. Minnesota Statutes 2016, section 609.594, subdivision 2, is amended to read:
432.10 		Subd. 2.Prohibited conduct; penalty. (a) Whoever causes damage to the physical 
432.11 	property of a critical public service facility, utility, or pipeline with the intent to significantly 
432.12 	disrupt the operation of or the provision of services by the facility, utility, or pipeline and 
432.13 	without the consent of one authorized to give consent, is guilty of a felony and may be 
432.14 	sentenced to imprisonment for not more than ten years or to payment of a fine of not more 
432.15 	than $20,000, or both.
432.16 	(b) A person who intentionally aids, advises, hires, counsels, or conspires with or 
432.17 	otherwise procures another to violate paragraph (a) may be held criminally liable under 
432.18 	section 609.605. A "person" for these purposes means an individual, partnership, association, 
432.19 	public or private corporation, or other entity.
432.20 	(c) A labor organization, its leaders, or its members shall not be subject to this unless 
432.21 	the labor organization, its leaders, or its members intentionally aids, advises, hires, counsels, 
432.22 	or conspires with or otherwise procures an individual to damage critical infrastructure.
432.23 	(d) As used in this section, "labor organization" has the meaning given in section 179.01, 
432.24 	subdivision 6.
432.25 	(e) Nothing in this section shall interfere with the rights specifically granted in sections 
432.26 	179.01 to 179.17, the Fair Labor Standards Act.

432.27 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to offenses 
432.28 	committed on or after that date.

432.29 	Sec. 108. Minnesota Statutes 2016, section 609.6055, subdivision 2, is amended to read:
432.30 		Subd. 2.Prohibited conduct; penalty. (a) Whoever enters or is found upon property 
432.31 	containing a critical public service facility, utility, or pipeline, without claim of right or 
433.1 	consent of one who has the right to give consent to be on the property, is guilty of a gross 
433.2 	misdemeanor, if:
433.3 	(1) the person refuses to depart from the property on the demand of one who has the 
433.4 	right to give consent;
433.5 	(2) within the past six months, the person had been told by one who had the right to give 
433.6 	consent to leave the property and not to return, unless a person with the right to give consent 
433.7 	has given the person permission to return; or
433.8 	(3) the property is posted.
433.9 	(b) Whoever enters an underground structure that (1) contains a utility line or pipeline 
433.10 	and (2) is not open to the public for pedestrian use, without claim of right or consent of one 
433.11 	who has the right to give consent to be in the underground structure, is guilty of a gross 
433.12 	misdemeanor. The underground structure does not need to be posted for this paragraph to 
433.13 	apply.
433.14 	(c) Unless a greater penalty is provided elsewhere, whoever violates this section with 
433.15 	intent to damage, destroy, or tamper with equipment, or significantly impede or inhibit 
433.16 	operation, is guilty of a felony and may be sentenced to imprisonment for not more than 
433.17 	three years or to payment of a fine of not more than $5,000, or both.
433.18 	(d) A person who intentionally aids, advises, hires, counsels, or conspires with or 
433.19 	otherwise procures another to violate paragraphs (a), (b), or (c) may be held criminally 
433.20 	liable under section 609.605. A "person" for these purposes means an individual, partnership, 
433.21 	association, public or private corporation, or other entity.
433.22 	(e) A labor organization, its leaders, or its members shall not be subject to this provision 
433.23 	unless the labor organization, its leaders, or its members intentionally aids, advises, hires, 
433.24 	counsels, or conspires with or otherwise procures another to trespass on critical infrastructure.
433.25 	(f) As used in this section, "labor organization" has the meaning given in section 179.01, 
433.26 	subdivision 6.
433.27 	(g) Nothing in this section shall interfere with the rights specifically granted in sections 
433.28 	179.01 to 179.17, the Fair Labor Standards Act.

433.29 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to offenses 
433.30 	committed on or after that date.

434.1 	Sec. 109. Laws 2014, chapter 312, article 11, section 38, subdivision 5, is amended to 
434.2 	read:
434.3 		Subd. 5.Pilot program evaluation. In coordination with the city, the commissioner of 
434.4 	transportation shall evaluate effectiveness of the pilot program under this section, which 
434.5 	must include analysis of traffic safety impacts, utility to motorists and tourists, costs and 
434.6 	expenditures, extent of community support, and pilot program termination or continuation. 
434.7 	By January 15, 2021 2024, the commissioner shall submit a report on the evaluation to the 
434.8 	chairs and ranking minority members and staff of the legislative committees with jurisdiction 
434.9 	over transportation policy and finance.

434.10 	Sec. 110. Laws 2014, chapter 312, article 11, section 38, subdivision 6, is amended to 
434.11 	read:
434.12 		Subd. 6.Expiration. The pilot program under this section expires January 1, 2022 2025.

434.13 	Sec. 111. LEGISLATIVE ROUTE NO. 222 REMOVED.
 434.14 	(a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day 
434.15 	after the commissioner of transportation receives a copy of the agreement between the 
434.16 	commissioner and the governing body of Red Lake County to transfer jurisdiction of 
434.17 	Legislative Route No. 222 and after the commissioner notifies the revisor of statutes under 
434.18 	paragraph (b).
434.19 	(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota 
434.20 	Statutes when the commissioner of transportation sends notice to the revisor electronically 
434.21 	or in writing that the conditions required to transfer the route have been satisfied.

434.22 	Sec. 112. LEGISLATIVE ROUTE NO. 253 REMOVED.
 434.23 	(a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day 
434.24 	after the commissioner of transportation receives a copy of the agreement between the 
434.25 	commissioner and the governing body of Faribault County to transfer jurisdiction of 
434.26 	Legislative Route No. 253 and after the commissioner notifies the revisor of statutes under 
434.27 	paragraph (b).
434.28 	(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota 
434.29 	Statutes when the commissioner of transportation sends notice to the revisor electronically 
434.30 	or in writing that the conditions required to transfer the route have been satisfied.

435.1 	Sec. 113. LEGISLATIVE ROUTE NO. 254 REMOVED.
 435.2 	(a) Minnesota Statutes, section 161.115, subdivision 185, is repealed effective the day 
435.3 	after the commissioner of transportation receives a copy of the agreement between the 
435.4 	commissioner and the governing body of Faribault County to transfer jurisdiction of 
435.5 	Legislative Route No. 254 and after the commissioner notifies the revisor of statutes under 
435.6 	paragraph (b).
435.7 	(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota 
435.8 	Statutes when the commissioner of transportation sends notice to the revisor electronically 
435.9 	or in writing that the conditions required to transfer the route have been satisfied.

435.10 	Sec. 114. LEGISLATIVE ROUTE NO. 277 REMOVED.
 435.11 	(a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective the day 
435.12 	after the commissioner of transportation receives a copy of the agreement between the 
435.13 	commissioner and the governing body of Chippewa County to transfer jurisdiction of 
435.14 	Legislative Route No. 277 and after the commissioner notifies the revisor of statutes under 
435.15 	paragraph (b).
435.16 	(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota 
435.17 	Statutes when the commissioner of transportation sends notice to the revisor electronically 
435.18 	or in writing that the conditions required to transfer the route have been satisfied.

435.19 	Sec. 115. LEGISLATIVE ROUTE NO. 298 REMOVED.
 435.20 	(a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day 
435.21 	after the commissioner of transportation receives a copy of the agreement between the 
435.22 	commissioner and the governing body of the city of Faribault to transfer jurisdiction of 
435.23 	Legislative Route No. 298 and after the commissioner notifies the revisor of statutes under 
435.24 	paragraph (b).
435.25 	(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota 
435.26 	Statutes when the commissioner of transportation sends notice to the revisor electronically 
435.27 	or in writing that the conditions required to transfer the route have been satisfied.

435.28 	Sec. 116. LEGISLATIVE ROUTE NO. 299 REMOVED.
 435.29 	(a) Minnesota Statutes, section 161.115, subdivision 230, is repealed effective the day 
435.30 	after the commissioner of transportation receives a copy of the agreement between the 
435.31 	commissioner and the governing body of the city of Faribault to transfer jurisdiction of 
436.1 	Legislative Route No. 299 and after the commissioner notifies the revisor of statutes under 
436.2 	paragraph (b).
436.3 	(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota 
436.4 	Statutes when the commissioner of transportation sends notice to the revisor electronically 
436.5 	or in writing that the conditions required to transfer the route have been satisfied.

436.6 	Sec. 117. LEGISLATIVE ROUTE NO. 323 REMOVED.
 436.7 	(a) Minnesota Statutes, section 161.115, subdivision 254, is repealed effective the day 
436.8 	after the commissioner of transportation receives a copy of the agreement between the 
436.9 	commissioner and the governing body of the city of Faribault to transfer jurisdiction of 
436.10 	Legislative Route No. 323 and after the commissioner notifies the revisor of statutes under 
436.11 	paragraph (b).
436.12 	(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota 
436.13 	Statutes when the commissioner of transportation sends notice to the revisor electronically 
436.14 	or in writing that the conditions required to transfer the route have been satisfied.

436.15 	Sec. 118. DEPARTMENT OF TRANSPORTATION LOAN CONVERSION AND 
436.16 	LIEN RELEASE.
 436.17 	The commissioner of transportation must (1) convert to a grant the remaining balance 
436.18 	on Minnesota Department of Transportation Contract No. 1000714, originally executed as 
436.19 	of June 1, 2015, with Minnesota Commercial Railway Company; (2) cancel all future 
436.20 	payments under the contract; (3) release liens on the locomotives designated as MNNR 49 
436.21 	and MNNR 84; and (4) perform the appropriate filing. The commissioner is prohibited from 
436.22 	requiring or accepting additional payments under the contract as of the effective date of this 
436.23 	section. Notwithstanding the loan conversion and payment cancellation under this section, 
436.24 	all other terms and conditions under Contract No. 1000714 remain effective for the duration 
436.25 	of the period specified in the contract.

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

436.27 	Sec. 119. NORTHSTAR CORRIDOR EXTENSION; NEGOTIATIONS.
 436.28 	The Department of Transportation must contact Burlington Northern Santa Fe Railway 
436.29 	(BNSF) to negotiate an extension of the Northstar Corridor between Big Lake and St. Cloud. 
436.30 	Negotiations under this section are subject to the following conditions:
437.1 	(1) the Northstar Corridor will add at least one morning round trip departure between 
437.2 	the St. Cloud Amtrak Depot and Big Lake Station with continuing service to Target Station 
437.3 	each weekday, plus one evening round trip between Big Lake Station and St. Cloud Amtrak 
437.4 	Depot that must begin at Target Station, with the departure and arrival times set so that 
437.5 	approximately ten or more hours elapse between the morning departure and evening return 
437.6 	each day for both round trips. The Department of Transportation may also negotiate weekend 
437.7 	departures and arrivals between St. Cloud and Target Station;
437.8 	(2) the Department of Transportation may negotiate for fewer round trip departures from 
437.9 	Big Lake to Target Station each weekday, and fewer round trip departures on weekends;
437.10 	(3) BNSF must continue to crew and dispatch all trains and provide other track-related 
437.11 	services;
437.12 	(4) the St. Cloud Metropolitan Transit Commission (MTC) must be responsible for fare 
437.13 	collection in St. Cloud and must negotiate with Amtrak for using the Amtrak station. The 
437.14 	MTC must negotiate an agreement with the Metropolitan Council, which is subject to 
437.15 	approval by the city of St. Cloud, regarding the sharing of revenues and expenses related 
437.16 	to the Amtrak Depot, fare collection, and advertising. The MTC, city of St. Cloud, and 
437.17 	Stearns, Benton, and Sherburne Counties are prohibited from entering into agreements with 
437.18 	the Metropolitan Council on any subject other than the operation of the Northstar Corridor;
437.19 	(5) the Department of Transportation is prohibited from committing to spend any state 
437.20 	funds on capital expenditures;
437.21 	(6) the Department of Transportation is prohibited from committing to spend any more 
437.22 	state funds on operating costs than the total sum it and the Metropolitan Council have 
437.23 	budgeted for the Northstar Corridor; and
437.24 	(7) the Department of Transportation may negotiate with the federal government, counties 
437.25 	and cities, or the Northstar Corridor Development Authority to provide additional funding 
437.26 	for services necessary to extend the Northstar Corridor.

437.27 	Sec. 120. NORTHSTAR COMMUTER RAIL OPERATING COSTS; EXCEPTION.
 437.28 	(a) Minnesota Statutes, section 398A.10, subdivision 2, does not apply for reserve funds 
437.29 	available to the Anoka County Regional Railroad Authority as of June 30, 2018, that are 
437.30 	used to pay operating and maintenance costs of Northstar Commuter Rail.
437.31 	(b) This section expires on January 1, 2021.

438.1 	Sec. 121. MARKED INTERSTATE HIGHWAY 35 SIGNS.
 438.2 	The commissioner of transportation must erect signs that identify and direct motorists 
438.3 	to the campuses of Minnesota State Academy for the Deaf and Minnesota State Academy 
438.4 	for the Blind under Minnesota Statutes, sections 125A.61 to 125A.73. At least one sign in 
438.5 	each direction of travel must be placed on marked Interstate Highway 35, located as near 
438.6 	as practical to exits that reasonably access the campuses. The commissioner is prohibited 
438.7 	from removing signs for the campuses posted on marked Trunk Highway 60.

438.8 	Sec. 122. COMMERCIAL DRIVER'S LICENSE FEDERAL REGULATION 
438.9 	WAIVER REQUEST.
 438.10 	The commissioner of public safety must apply to the Federal Motor Carrier Safety 
438.11 	Administration for a waiver from the federal regulation that requires a person to have a 
438.12 	passenger endorsement to drive a bus with no passengers for the sole purpose of delivering 
438.13 	the bus to the purchaser.

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

438.15 	Sec. 123. REVISOR INSTRUCTIONS.
 438.16 	(a) The revisor of statutes shall renumber Minnesota Statutes, section 160.02, subdivision 
438.17 	27a, as Minnesota Statutes, section 169.011, subdivision 73a. The revisor shall correct any 
438.18 	cross-references made necessary by this renumbering.
438.19 	(b) The revisor of statutes shall change the term "special revenue fund" to "driver and 
438.20 	vehicle services fund" wherever the term appears in Minnesota Statutes when referring to 
438.21 	the accounts under Minnesota Statutes, section 299A.705.

438.22 	Sec. 124.  REPEALER.
 438.23 	(a) Minnesota Statutes 2016, section 168.013, subdivision 21, is repealed.
438.24 	(b) Minnesota Statutes 2016, section 221.161, subdivisions 2, 3, and 4, are repealed.
438.25 	(c) Minnesota Statutes 2016, sections 360.063, subdivision 4; 360.065, subdivision 2; 
438.26 	and 360.066, subdivisions 1a and 1b, are repealed.
438.27 	(d) Minnesota Statutes 2016, sections 222.47; 222.50, subdivisions 1 and 7; and 222.51,
438.28 	are repealed.
438.29 	(e) Minnesota Statutes 2017 Supplement, sections 222.49; and 222.50, subdivision 6,
438.30 	are repealed.

439.1 	Sec. 125. EFFECTIVE DATE; APPLICATION.
 439.2 	(a) Sections 75 to 77, 79 to 97, and section 124, paragraph (c), are effective August 1, 
439.3 	2018, and apply to airport sponsors that make or plan to make changes to runway lengths 
439.4 	or configurations on or after that date.
439.5 	(b) Sections 75 to 77, 79 to 97, and section 124, paragraph (c), do not apply to airports 
439.6 	that (1) have airport safety zoning ordinances approved by this commissioner in effect on 
439.7 	August 1, 2018; (2) have not made and are not planning to make changes to runway lengths 
439.8 	or configurations; and (3) are not required to update airport safety zoning ordinances.

APPENDIX 

Repealed Minnesota Statutes: H3138-3 

62A.65 INDIVIDUAL MARKET REGULATION.Subd. 7a.Short-term coverage; applicability. 
Notwithstanding subdivision 3, paragraph (g), and subdivision 7, paragraph (c), short-term coverage is not subject to section 62A.021. 

144A.45 REGULATION OF HOME CARE SERVICES.Subd. 6.Home care providers; tuberculosis prevention and control. 
(a) A home care provider must establish and maintain a comprehensive tuberculosis infection control program according to the most current tuberculosis infection control guidelines issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report (MMWR). This program must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, students, and volunteers. The Department of Health shall provide technical assistance regarding implementation of the guidelines. 

(b) Written compliance with this subdivision must be maintained by the home care provider. 

144A.481 HOME CARE LICENSING IMPLEMENTATION FOR NEW LICENSEES AND TRANSITION PERIOD FOR CURRENT LICENSEES.Subdivision 1.Temporary home care licenses and changes of ownership. 
(a) Beginning January 1, 2014, all temporary license applicants must apply for either a temporary basic or comprehensive home care license. 

(b) Temporary home care licenses issued beginning January 1, 2014, shall be issued according to sections 144A.43 to 144A.4798, and the fees in section 144A.472. Temporary licensees must comply with the requirements of this chapter. 

(c) No temporary license applications will be accepted nor temporary licenses issued between December 1, 2013, and December 31, 2013. 

(d) Beginning October 1, 2013, changes in ownership applications will require payment of the new fees listed in section 144A.472. Providers who are providing nursing, delegated nursing, or professional health care services, must submit the fee for comprehensive home care providers, and all other providers must submit the fee for basic home care providers as provided in section 144A.472. Change of ownership applicants will be issued a new home care license based on the licensure law in effect on June 30, 2013. 

Subd. 2.Current home care licensees with licenses as of December 31, 2013. 
(a) Beginning July 1, 2014, department licensed home care providers must apply for either the basic or comprehensive home care license on their regularly scheduled renewal date. 

(b) By June 30, 2015, all home care providers must either have a basic or comprehensive home care license or temporary license. 

Subd. 3.Renewal application of home care licensure during transition period. 
(a) Renewal and change of ownership applications of home care licenses issued beginning July 1, 2014, will be issued according to sections 144A.43 to 144A.4798 and, upon license renewal or issuance of a new license for a change of ownership, providers must comply with sections 144A.43 to 144A.4798. Prior to renewal, providers must comply with the home care licensure law in effect on June 30, 2013. 

(b) The fees charged for licenses renewed between July 1, 2014, and June 30, 2016, shall be the lesser of 200 percent or $1,000, except where the 200 percent or $1,000 increase exceeds the actual renewal fee charged, with a maximum renewal fee of $6,625. 

(c) For fiscal year 2014 only, the fees for providers with revenues greater than $25,000 and no more than $100,000 will be $313 and for providers with revenues no more than $25,000 the fee will be $125. 

146B.02 ESTABLISHMENT LICENSE PROCEDURES.Subd. 7a.Supervisors. 
(a) Only a technician who has been licensed as a body artist for at least two years in Minnesota or in a jurisdiction with which Minnesota has reciprocity may supervise a temporary technician. 

(b) Any technician who agrees to supervise more than two temporary technicians during the same time period must provide to the commissioner a supervisory plan that describes how the technician will provide supervision to each temporary technician in accordance with section 146B.01, subdivision 28. 

(c) The commissioner may refuse to approve as a supervisor a technician who has been disciplined in Minnesota or in another jurisdiction after considering the criteria described in subdivision 10, paragraph (b). 

151.55 CANCER DRUG REPOSITORY PROGRAM.Subdivision 1.Definitions. 
(a) For the purposes of this section, the terms defined in this subdivision have the meanings given. 

(b) "Board" means the Board of Pharmacy. 

(c) "Cancer drug" means a prescription drug that is used to treat: 

(1) cancer or the side effects of cancer; or 

(2) the side effects of any prescription drug that is used to treat cancer or the side effects of cancer. 

(d) "Cancer drug repository" means a medical facility or pharmacy that has notified the board of its election to participate in the cancer drug repository program. 

(e) "Cancer supply" or "supplies" means prescription and nonprescription cancer supplies needed to administer a cancer drug. 

(f) "Dispense" has the meaning given in section 151.01, subdivision 30. 

(g) "Distribute" means to deliver, other than by administering or dispensing. 

(h) "Donor" means an individual and not a drug manufacturer or wholesale drug distributor who donates a cancer drug or supply according to the requirements of the cancer drug repository program. 

(i) "Medical facility" means an institution defined in section 144.50, subdivision 2. 

(j) "Medical supplies" means any prescription and nonprescription medical supply needed to administer a cancer drug. 

(k) "Pharmacist" has the meaning given in section 151.01, subdivision 3. 

(l) "Pharmacy" means any pharmacy registered with the Board of Pharmacy according to section 151.19, subdivision 1. 

(m) "Practitioner" has the meaning given in section 151.01, subdivision 23. 

(n) "Prescription drug" means a legend drug as defined in section 151.01, subdivision 17. 

(o) "Side effects of cancer" means symptoms of cancer. 

(p) "Single-unit-dose packaging" means a single-unit container for articles intended for administration as a single dose, direct from the container. 

(q) "Tamper-evident unit dose packaging" means a container within which a drug is sealed so that the contents cannot be opened without obvious destruction of the seal. 

Subd. 2.Establishment. 
The Board of Pharmacy shall establish and maintain a cancer drug repository program, under which any person may donate a cancer drug or supply for use by an individual who meets the eligibility criteria specified under subdivision 4. Under the program, donations may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets the requirements specified under subdivision 3. 

Subd. 3.Requirements for participation by pharmacies and medical facilities. 
(a) To be eligible for participation in the cancer drug repository program, a pharmacy or medical facility must be licensed and in compliance with all applicable federal and state laws and administrative rules. 

(b) Participation in the cancer drug repository program is voluntary. A pharmacy or medical facility may elect to participate in the cancer drug repository program by submitting the following information to the board, in a form provided by the board: 

(1) the name, street address, and telephone number of the pharmacy or medical facility; 

(2) the name and telephone number of a pharmacist who is employed by or under contract with the pharmacy or medical facility, or other contact person who is familiar with the pharmacy's or medical facility's participation in the cancer drug repository program; and 

(3) a statement indicating that the pharmacy or medical facility meets the eligibility requirements under paragraph (a) and the chosen level of participation under paragraph (c). 

(c) A pharmacy or medical facility may fully participate in the cancer drug repository program by accepting, storing, and dispensing or administering donated drugs and supplies, or may limit its participation to only accepting and storing donated drugs and supplies. If a pharmacy or facility chooses to limit its participation, the pharmacy or facility shall distribute any donated drugs to a fully participating cancer drug repository according to subdivision 8. 

(d) A pharmacy or medical facility may withdraw from participation in the cancer drug repository program at any time upon notification to the board. A notice to withdraw from participation may be given by telephone or regular mail. 

Subd. 4.Individual eligibility requirements. 
Any Minnesota resident who is diagnosed with cancer is eligible to receive drugs or supplies under the cancer drug repository program. Drugs and supplies shall be dispensed or administered according to the priority given under subdivision 6, paragraph (d). 

Subd. 5.Donations of cancer drugs and supplies. 
(a) Any one of the following persons may donate legally obtained cancer drugs or supplies to a cancer drug repository, if the drugs or supplies meet the requirements under paragraph (b) or (c) as determined by a pharmacist who is employed by or under contract with a cancer drug repository: 

(1) an individual who is 18 years old or older; or 

(2) a pharmacy, medical facility, drug manufacturer, or wholesale drug distributor, if the donated drugs have not been previously dispensed. 

(b) A cancer drug is eligible for donation under the cancer drug repository program only if the following requirements are met: 

(1) the donation is accompanied by a cancer drug repository donor form described under paragraph (d) that is signed by the person making the donation or that person's authorized representative; 

(2) the drug's expiration date is at least six months later than the date that the drug was donated; 

(3) the drug is in its original, unopened, tamper-evident unit dose packaging that includes the drug's lot number and expiration date. Single-unit dose drugs may be accepted if the single-unit-dose packaging is unopened; and 

(4) the drug is not adulterated or misbranded. 

(c) Cancer supplies are eligible for donation under the cancer drug repository program only if the following requirements are met: 

(1) the supplies are not adulterated or misbranded; 

(2) the supplies are in their original, unopened, sealed packaging; and 

(3) the donation is accompanied by a cancer drug repository donor form described under paragraph (d) that is signed by the person making the donation or that person's authorized representative. 

(d) The cancer drug repository donor form must be provided by the board and shall state that to the best of the donor's knowledge the donated drug or supply has been properly stored and that the drug or supply has never been opened, used, tampered with, adulterated, or misbranded. The board shall make the cancer drug repository donor form available on the Board of Pharmacy's Web site. 

(e) Controlled substances and drugs and supplies that do not meet the criteria under this subdivision are not eligible for donation or acceptance under the cancer drug repository program. 

(f) Drugs and supplies may be donated on the premises of a cancer drug repository to a pharmacist designated by the repository. A drop box may not be used to deliver or accept donations. 

(g) Cancer drugs and supplies donated under the cancer drug repository program must be stored in a secure storage area under environmental conditions appropriate for the drugs or supplies being stored. Donated drugs and supplies may not be stored with nondonated inventory. 

Subd. 6.Dispensing requirements. 
(a) Drugs and supplies must be dispensed by a licensed pharmacist pursuant to a prescription by a practitioner or may be dispensed or administered by a practitioner according to the requirements of chapter 151 and within the practitioner's scope of practice. 

(b) Cancer drugs and supplies shall be visually inspected by the pharmacist or practitioner before being dispensed or administered for adulteration, misbranding, and date of expiration. Drugs or supplies that have expired or appear upon visual inspection to be adulterated, misbranded, or tampered with in any way may not be dispensed or administered. 

(c) Before a cancer drug or supply may be dispensed or administered to an individual, the individual must sign a cancer drug repository recipient form provided by the board acknowledging that the individual understands the information stated on the form. The form shall include the following information: 

(1) that the drug or supply being dispensed or administered has been donated and may have been previously dispensed; 

(2) that a visual inspection has been conducted by the pharmacist or practitioner to ensure that the drug has not expired, has not been adulterated or misbranded, and is in its original, unopened packaging; and 

(3) that the dispensing pharmacist, the dispensing or administering practitioner, the cancer drug repository, the Board of Pharmacy, and any other participant of the cancer drug repository program cannot guarantee the safety of the drug or supply being dispensed or administered and that the pharmacist or practitioner has determined that the drug or supply is safe to dispense or administer based on the accuracy of the donor's form submitted with the donated drug or supply and the visual inspection required to be performed by the pharmacist or practitioner before dispensing or administering. 

The board shall make the cancer drug repository form available on the Board of Pharmacy's Web site. 

(d) Drugs and supplies shall only be dispensed or administered to individuals who meet the eligibility requirements in subdivision 4 and in the following order of priority: 

(1) individuals who are uninsured; 

(2) individuals who are enrolled in medical assistance, MinnesotaCare, Medicare, or other public assistance health care; and 

(3) all other individuals who are otherwise eligible under subdivision 4 to receive drugs or supplies from a cancer drug repository. 

Subd. 7.Handling fees. 
A cancer drug repository may charge the individual receiving a drug or supply a handling fee of no more than 250 percent of the medical assistance program dispensing fee for each cancer drug or supply dispensed or administered. 

Subd. 8.Distribution of donated cancer drugs and supplies. 
(a) Cancer drug repositories may distribute drugs and supplies donated under the cancer drug repository program to other repositories if requested by a participating repository. 

(b) A cancer drug repository that has elected not to dispense donated drugs or supplies shall distribute any donated drugs and supplies to a participating repository upon request of the repository. 

(c) If a cancer drug repository distributes drugs or supplies under paragraph (a) or (b), the repository shall complete a cancer drug repository donor form provided by the board. The completed form and a copy of the donor form that was completed by the original donor under subdivision 5 shall be provided to the fully participating cancer drug repository at the time of distribution. 

Subd. 9.Resale of donated drugs or supplies. 
Donated drugs and supplies may not be resold. 

Subd. 10.Record-keeping requirements. 
(a) Cancer drug repository donor and recipient forms shall be maintained for at least five years. 

(b) A record of destruction of donated drugs and supplies that are not dispensed under subdivision 6 shall be maintained by the dispensing repository for at least five years. For each drug or supply destroyed, the record shall include the following information: 

(1) the date of destruction; 

(2) the name, strength, and quantity of the cancer drug destroyed; 

(3) the name of the person or firm that destroyed the drug; and 

(4) the source of the drugs or supplies destroyed. 

Subd. 11.Liability. 
(a) The manufacturer of a drug or supply is not subject to criminal or civil liability for injury, death, or loss to a person or to property for causes of action described in clauses (1) and (2). A manufacturer is not liable for: 

(1) the intentional or unintentional alteration of the drug or supply by a party not under the control of the manufacturer; or 

(2) the failure of a party not under the control of the manufacturer to transfer or communicate product or consumer information or the expiration date of the donated drug or supply. 

(b) A medical facility or pharmacy participating in the program, a pharmacist dispensing a drug or supply pursuant to the program, a practitioner dispensing or administering a drug or supply pursuant to the program, or a donor of a cancer drug or supply as defined in subdivision 1 is immune from civil liability for an act or omission that causes injury to or the death of an individual to whom the cancer drug or supply is dispensed and no disciplinary action shall be taken against a pharmacist or practitioner so long as the drug or supply is donated, accepted, distributed, and dispensed according to the requirements of this section. This immunity does not apply if the act or omission involves reckless, wanton, or intentional misconduct, or malpractice unrelated to the quality of the cancer drug or supply. 

168.013 VEHICLE REGISTRATION TAXES.Subd. 21.Technology surcharge. 
For every vehicle registration renewal required under this chapter, the commissioner shall collect a surcharge of: (1) $1.75 until June 30, 2012; and (2) $1 from July 1, 2012, to June 30, 2016. Surcharges collected under this subdivision must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705. 

214.075 HEALTH-RELATED LICENSING BOARDS; CRIMINAL BACKGROUND CHECKS.Subd. 8.Instructions to the board; plans. 
The health-related licensing boards, in collaboration with the commissioner of human services and the BCA, shall establish a plan for completing criminal background checks of all licensees who were licensed before the effective date requirement under subdivision 1. The plan must seek to minimize duplication of requirements for background checks of licensed health professionals. The plan for background checks of current licensees shall be developed no later than January 1, 2017, and may be contingent upon the implementation of a system by the BCA or FBI in which any new crimes that an applicant or licensee commits after an initial background check are flagged in the BCA's or FBI's database and reported back to the board. The plan shall include recommendations for any necessary statutory changes. 

221.161 SCHEDULE OF RATES AND CHARGES.Subd. 2.Hearing upon complaint. 
Tariffs, supplements, and reissues must be prepared and filed in accordance with rules of the commissioner. Rates or charges, including pickup charges named therein, are subject to complaint to the commissioner by an interested party. The commissioner, after investigation by the department, by order on not less than ten days' notice, may assign the complaint for hearing, and if at the hearing, the complainant submits facts and evidence sufficient to establish proof that the rates or charges complained of are excessive or noncompensatory, the commissioner may order the rates or charges canceled, and require the filing of alternative and reasonable rates and charges, the reasonable level of which at that time must be indicated by the commissioner in the order. 

Subd. 3.Hearing upon petition by another carrier. 
Upon the filing of a tariff or subsequent supplement or reissue, any other carrier has the right to petition the commissioner to suspend it from taking effect until opportunity is had for a hearing on the reasonableness of the rates or charges, and the commissioner may suspend the rates or charges if in its judgment the rates or charges complained of are so unreasonably low as to create destructive competitive practices among or jeopardize the economic position of competing carriers. In determining whether the rates or charges are excessive or noncompensatory, the commissioner shall include in consideration, among other things, the reasonable cost of the services rendered for the transportation, including a reasonable return on the money invested in the business and an adequate sum for maintenance and depreciation of the property used. 

Subd. 4.Hearing on merits of rates and charges. 
The commissioner, (1) after a suspension and hearing upon a schedule of rates and charges, or upon complaint, or upon the commissioner's own initiative, either in extension of an existing complaint or without a complaint whatever, (2) after department investigation and petition, (3) upon notice to the permit carrier or tariff agent proposing, maintaining, or charging a schedule of rates and charges on a single group of related commodities, and (4) upon notice to the users of the service and competitive carriers by motor vehicle and rail, may assign for hearing the schedule of rates and charges proposed, maintained, or charged by any or all permit carriers. Upon a finding, after a hearing, that the schedule of rates and charges are unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial or otherwise in violation of this section, the commissioner may prescribe minimum rates and charges and the rates, rules, and practices thereafter to be maintained and applied by the permit carrier or tariff agent. In the hearing the burden of proof is upon the permit carrier or tariff agent whose schedules of rates and charges are under investigation to show that the schedules are not below a minimum reasonable level or are not noncompensatory. 

222.47 CITATION.
Sections 222.46 to 222.54 may be cited as the "Minnesota Rail Service Improvement Act." 

222.49 RAIL SERVICE IMPROVEMENT ACCOUNT; APPROPRIATION.
The rail service improvement account is created in the special revenue fund in the state treasury. The account consists of funds as provided by law, and any other money donated, allotted, transferred, or otherwise provided to the account, excluding bond proceeds as authorized by article XI, section 5, clause (i), of the Minnesota Constitution. All money so deposited is appropriated to the department for expenditure for rail service improvement in accordance with applicable state and federal law. This appropriation shall not lapse but shall be available until the purpose for which it was appropriated has been accomplished. 

222.50 RAIL SERVICE IMPROVEMENT PROGRAM.Subdivision 1.Creation. 
There is created the rail service improvement program to provide assistance for improvement of rail service in the state. 

Subd. 6.Grants. 
The commissioner may approve grants from the rail service improvement account for freight rail service improvements that support economic development. 

Subd. 7.Expenditures. 
(a) The commissioner may expend money from the rail service improvement account for the following purposes: 

(1) to make transfers as provided under section 222.57 or to pay interest adjustments on loans guaranteed under the state rail user and rail carrier loan guarantee program; 

(2) to pay a portion of the costs of capital improvement projects designed to improve rail service of a rail user or a rail carrier; 

(3) to pay a portion of the costs of rehabilitation projects designed to improve rail service of a rail user or a rail carrier; 

(4) to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to the state rail bank program; 

(5) to provide for aerial photography survey of proposed and abandoned railroad tracks for the purpose of recording and reestablishing by analytical triangulation the existing alignment of the inplace track; 

(6) to pay a portion of the costs of acquiring a rail line by a regional railroad authority established pursuant to chapter 398A; 

(7) to pay the state matching portion of federal grants for rail-highway grade crossing improvement projects; 

(8) for expenditures made before July 1, 2017, to pay the state matching portion of grants under the federal Transportation Investment Generating Economic Recovery (TIGER) program of the United States Department of Transportation; 

(9) to fund rail planning studies; and 

(10) to pay a portion of the costs of capital improvement projects designed to improve capacity or safety at rail yards. 

(b) All money derived by the commissioner from the disposition of railroad right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall be deposited in the rail service improvement account. 

222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
The governing body of any political subdivision of the state may, with the approval of the commissioner, appropriate money for rail service improvement and may participate in the state rail service improvement program and federal rail programs. 

256.021 VULNERABLE ADULT MALTREATMENT REVIEW PANEL.Subdivision 1.Creation. 
(a) The commissioner of human services shall establish a review panel for purposes of reviewing lead investigative agency determinations regarding maltreatment of a vulnerable adult in response to requests received under section 626.557, subdivision 9d, paragraph (b). The panel shall hold quarterly meetings for purposes of conducting reviews under this section. 

(b) The review panel consists of: 

(1) the commissioners of health and human services or their designees; 

(2) the ombudsman for long-term care and ombudsman for mental health and developmental disabilities, or their designees; 

(3) a member of the board on aging, appointed by the board; and 

(4) a representative from the county human services administrators appointed by the commissioner of human services or the administrator's designee. 

Subd. 2.Review procedure. 
(a) If a vulnerable adult or an interested person acting on behalf of the vulnerable adult requests a review under this section, the panel shall review the request at its next quarterly meeting. If the next quarterly meeting is within ten days of the panel's receipt of the request for review, the review may be delayed until the next subsequent meeting. The panel shall review the request and the investigation memorandum and may review any other data on the investigation maintained by the lead investigative agency that are pertinent and necessary to its review of the final disposition. If more than one person requests a review under this section with respect to the same final disposition, the review panel shall combine the requests into one review. The panel shall submit its written request for the case file and other documentation relevant to the review to the supervisor of the investigator conducting the investigation under review. 

(b) Within 30 days of the review under this section, the panel shall notify the director or manager of the lead investigative agency and the vulnerable adult or interested person who requested the review as to whether the panel concurs with the final disposition or whether the lead investigative agency must reconsider the final disposition. If the panel determines that the lead investigative agency must reconsider the final disposition, the panel must make specific recommendations to the director or manager of the lead investigative agency. The recommendation must include an explanation of the factors that form the basis of the recommendation to reconsider the final disposition and must specifically identify the disputed facts, the disputed application of maltreatment definitions, the disputed application of responsibility for maltreatment, and the disputed weighing of evidence, whichever apply. Within 30 days the lead investigative agency shall conduct a review and report back to the panel with its determination and the specific rationale for its final disposition. At a minimum, the specific rationale must include a detailed response to each of the factors identified by the panel that formed the basis for the recommendations of the panel. 

(c) Upon receiving the report of reconsideration from the lead investigative agency, the panel shall communicate the decision in writing to the vulnerable adult or interested person acting on behalf of the vulnerable adult who requested the review. The panel shall include the specific rationale provided by the lead investigative agency as part of the communication. 

Subd. 3.Report. 
By January 15 of each year, the panel shall submit a report to the committees of the legislature with jurisdiction over section 626.557 regarding the number of requests for review it receives under this section, the number of cases where the panel requires the lead investigative agency to reconsider its final disposition, and the number of cases where the final disposition is changed, and any recommendations to improve the review or investigative process. 

Subd. 4.Data. 
Data of the review panel created or received as part of a review under this section are private data on individuals as defined in section 13.02. 

256B.0705 PERSONAL CARE ASSISTANCE SERVICES; MANDATED SERVICE VERIFICATION.Subdivision 1.Definitions. 
(a) For purposes of this section, the following terms have the meanings given them. 

(b) "Personal care assistance services" or "PCA services" means services provided according to section 256B.0659. 

(c) "Personal care assistant" or "PCA" has the meaning given in section 256B.0659, subdivision 1. 

(d) "Service verification" means a random, unscheduled telephone call made for the purpose of verifying that the individual personal care assistant is present at the location where personal care assistance services are being provided and is providing services as scheduled. 

Subd. 2.Verification schedule. 
An agency that submits claims for reimbursement for PCA services under this chapter must develop and implement administrative policies and procedures by which the agency verifies the services provided by a PCA. For each service recipient, the agency must conduct at least one service verification every 90 days. If more than one PCA provides services to a single service recipient, the agency must conduct a service verification for each PCA providing services before conducting a service verification for a PCA whose services were previously verified by the agency. Service verification must occur on an ongoing basis while the agency provides PCA services to the recipient. During service verification, the agency must speak with both the PCA and the service recipient or recipient's authorized representative. Only qualified professional service verifications are eligible for reimbursement. An agency may substitute a visit by a qualified professional that is eligible for reimbursement under section 256B.0659, subdivision 14 or 19. 

Subd. 3.Documentation of verification. 
An agency must fully document service verifications in a legible manner and must maintain the documentation on site for at least five years from the date of documentation. For each service verification, documentation must include: 

(1) the names and signatures of the service recipient or recipient's authorized representative, the PCA and any other agency staff present with the PCA during the service verification, and the staff person conducting the service verification; and 

(2) the start and end time, day, month, and year of the service verification, and the corresponding PCA time sheet. 

Subd. 4.Variance. 
The Office of Inspector General at the Department of Human Services may grant a variance to the service verification requirements in this section if an agency uses an electronic monitoring system or other methods that verify a PCA is present at the location where services are provided and is providing services according to the prescribed schedule. A decision to grant or deny a variance request is final and not subject to appeal under chapter 14. 

360.063 AIRPORT ZONING; AUTHORITY, PROCEDURE.Subd. 4.Airport approach. 
The commissioner may recommend an airport approach plan for each publicly owned airport in the state and for each privately owned airport of the publicly owned class and from time to time recommend revisions of the plan. A plan shall indicate the circumstances in which structures or trees are or would be airport hazards, the airport hazard area, and what measures should be taken to eliminate airport hazards. The commissioner shall prescribe airport approach and turning standards for airports of various classes, and airport zoning regulations adopted by a municipality, county, or joint airport zoning board shall conform to the standards, except as provided in sections 360.065 and 360.066. 

360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED REGULATIONS.Subd. 2.Regulations submitted to commissioner. 
Prior to adopting zoning regulations for an airport hazard area under sections 360.011 to 360.076, the municipality, county, or joint airport zoning board which is to adopt the regulations shall submit its proposed regulations to the commissioner in order that the commissioner may determine whether it conforms to the standards prescribed by the commissioner. The commissioner shall immediately examine the proposed regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval, or objections, if any. If objections are made by the commissioner on the ground that the regulations do not conform to the standards prescribed by the commissioner for the class of airport involved, the municipality, county, or joint zoning board shall make amendments as are necessary to meet the objections unless it demonstrates that the social and economic costs of restricting land uses in accordance with the standards outweigh the benefits of a strict application of the standards. The governing body of the municipality or county or the joint airport zoning board shall not adopt the regulations or take other action until the proposed regulations are approved by the commissioner. The commissioner may approve local zoning ordinances that are more stringent than the standards. A copy of the regulations as adopted shall be filed with the county recorder in each county in which the zoned area is located. 

Substantive rights existing prior to the passage of this subdivision and previously exercised are not affected by the filing of the regulations. 

360.066 AIRPORT ZONING; MINIMUM STANDARDS, LAND USES.Subd. 1a.Protection of existing neighborhood. 
(a) In order to ensure the minimum disruption of existing land uses, particularly established residential neighborhoods in built-up urban areas, the airport zoning standards of the commissioner and the local airport zoning ordinances or regulations adopted under sections 360.061 to 360.074 shall distinguish between the creation or establishment of a use and the elimination of an existing use, and shall avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable standards of safety. The standards of the commissioner shall include criteria for determining when an existing land use may constitute an airport hazard so severe that considerations of public safety outweigh the public interest in preventing disruption to that land use. 

(b) No airport zoning standards or local airport zoning ordinances or regulations shall be adopted pursuant to sections 360.061 to 360.074 that classify as a nonconforming use or require such classification with respect to any low-density residential structure or isolated low-density residential building lots existing on January 1, 1978 in an established residential neighborhood. 

(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if that authority finds that this classification is justified by considerations of public safety and is consistent with the airport zoning standards of the commissioner. Any land use described in paragraph (b) which is classified as an airport hazard shall be acquired, altered, or removed at public expense. 

(d) The provisions of this subdivision shall not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted pursuant to sections 360.061 to 360.074. 

Subd. 1b.Amendment of standards. 
Within nine months after March 29, 1978, the commissioner shall amend the standards defining airport hazard areas and categories of uses permitted therein to conform with the requirements of Laws 1978, chapter 654. Until the commissioner adopts amended standards as required by this subdivision the unamended standards, insofar as they require classification of any residential property as a nonconforming use contrary to the provisions of subdivision 1a, paragraph (b), shall be without force or effect.