1.1 	A bill for an act
1.2 	relating to state government; modifying provisions governing the Department of 
1.3 	Health, health care, health-related licensing boards, health insurance, community 
1.4 	supports, behavioral health, continuing care for older adults, child and vulnerable 
1.5 	adult protection, economic assistance, direct care and treatment, preventing 
1.6 	homelessness, human services licensing and operations, the Minnesota Rare Disease 
1.7 	Advisory Council, nonintoxicating hemp regulation, organ donation regulation, 
1.8 	mandated reports, and long-term care consultation services; making forecast 
1.9 	adjustments; requiring reports; appropriating money;amending Minnesota Statutes 
1.10 	2020, sections 13.46, subdivision 7; 34A.01, subdivision 4; 62J.2930, subdivision 
1.11 	3; 62J.692, subdivision 5; 62Q.37, subdivision 7; 137.68; 144.057, subdivision 1; 
1.12 	144.0724, subdivision 11; 144.1201, subdivisions 2, 4; 144.1503; 144.1911, 
1.13 	subdivision 4; 144.193; 144.292, subdivision 6; 144.294, subdivision 2; 144.4199, 
1.14 	subdivision 8; 144.497; 144.565, subdivision 4; 144.6502, subdivision 1; 144A.01; 
1.15 	144A.03, subdivision 1; 144A.04, subdivisions 4, 6; 144A.06; 144A.10, subdivision 
1.16 	17; 144A.351, subdivision 1; 144A.4799, subdivisions 1, 3; 144A.483, subdivision 
1.17 	1; 144A.75, subdivision 12; 144G.08, by adding a subdivision; 144G.15; 144G.17; 
1.18 	144G.19, by adding a subdivision; 144G.20, subdivisions 1, 4, 5, 8, 9, 12, 15; 
1.19 	144G.30, subdivision 5; 144G.31, subdivisions 4, 8; 144G.41, subdivisions 7, 8; 
1.20 	144G.42, subdivision 10; 144G.45, subdivision 7; 144G.50, subdivision 2; 144G.52, 
1.21 	subdivisions 2, 8, 9; 144G.53; 144G.55, subdivisions 1, 3; 144G.56, subdivisions 
1.22 	3, 5; 144G.57, subdivisions 1, 3, 5; 144G.70, subdivisions 2, 4; 144G.80, 
1.23 	subdivision 2; 144G.90, subdivision 1, by adding a subdivision; 144G.91, 
1.24 	subdivisions 13, 21; 144G.92, subdivision 1; 144G.93; 144G.95; 145.4134; 145.928, 
1.25 	subdivision 13; 148B.33, by adding a subdivision; 148E.100, subdivision 3; 
1.26 	148E.105, subdivision 3, as amended; 148E.106, subdivision 3; 148E.110, 
1.27 	subdivision 7; 150A.06, subdivisions 1c, 2c, 6, by adding a subdivision; 150A.09; 
1.28 	150A.091, subdivisions 2, 5, 8, 9, by adding subdivisions; 150A.10, subdivision 
1.29 	1a; 150A.105, subdivision 8; 151.01, subdivision 27; 151.72, subdivisions 1, 2, 
1.30 	3, 4, 6, by adding a subdivision; 152.02, subdivision 2; 152.125; 153.16, subdivision 
1.31 	1; 242.19, subdivision 2; 245.462, subdivision 4; 245.4661, subdivision 10; 
1.32 	245.4889, subdivision 3, by adding a subdivision; 245.713, subdivision 2; 245A.02, 
1.33 	subdivision 5a; 245A.11, subdivisions 2, 2a, by adding a subdivision; 245A.14, 
1.34 	subdivision 14; 245A.1443; 245C.31, subdivisions 1, 2, by adding subdivisions; 
1.35 	245D.10, subdivision 3a; 245D.12; 245F.15, subdivision 1; 245F.16, subdivision 
1.36 	1; 245G.01, subdivisions 4, 17, by adding a subdivision; 245G.06, subdivision 3, 
1.37 	by adding subdivisions; 245G.07, by adding a subdivision; 245G.08, subdivision 
1.38 	5; 245G.09, subdivision 3; 245G.11, subdivisions 1, 10; 245G.12; 245G.13, 
2.1 	subdivision 1; 245G.20; 245G.22, subdivision 7; 253B.18, subdivision 6; 256.01, 
2.2 	subdivision 29; 256.021, subdivision 3; 256.042, subdivision 5, as amended; 
2.3 	256.045, subdivision 3; 256.9657, subdivision 8; 256.975, subdivisions 7a, 7b, 7c, 
2.4 	7d, 11, 12; 256B.051, subdivision 4; 256B.055, subdivision 2; 256B.056, 
2.5 	subdivisions 3b, 3c, 11; 256B.0561, subdivision 4; 256B.0595, subdivision 1; 
2.6 	256B.0625, subdivision 64; 256B.0646; 256B.0659, subdivisions 3a, 19; 
2.7 	256B.0911, subdivisions 1, 3c, 3d, 3e, 5, by adding subdivisions; 256B.0913, 
2.8 	subdivision 4; 256B.092, subdivisions 1a, 1b; 256B.0922, subdivision 1; 
2.9 	256B.0941, by adding a subdivision; 256B.0949, subdivisions 8, 17; 256B.49, 
2.10 	subdivisions 12, 13; 256B.493, subdivision 2; 256B.69, subdivision 9d; 256B.77, 
2.11 	subdivision 13; 256D.0515; 256E.28, subdivision 6; 256E.33, subdivisions 1, 2; 
2.12 	256E.36, subdivision 1; 256G.02, subdivision 6; 256I.03, subdivision 6; 256K.26, 
2.13 	subdivisions 2, 6, 7; 256K.45, subdivision 6, by adding a subdivision; 256P.04, 
2.14 	subdivision 11; 256Q.06, by adding a subdivision; 256R.02, subdivisions 4, 17, 
2.15 	18, 22, 29, 42a, 48a, by adding subdivisions; 256R.07, subdivisions 1, 2, 3; 
2.16 	256R.08, subdivision 1; 256R.09, subdivisions 2, 5; 256R.10, by adding a 
2.17 	subdivision; 256R.13, subdivision 4; 256R.16, subdivision 1; 256R.17, subdivision 
2.18 	3; 256R.18; 256R.26, subdivision 1; 256R.261, subdivision 13; 256R.37; 256R.39; 
2.19 	256S.02, subdivisions 15, 20; 256S.06, subdivisions 1, 2; 256S.10, subdivision 2; 
2.20 	257.0725; 260.012; 260.775; 260B.331, subdivision 1; 260C.001, subdivision 3; 
2.21 	260C.007, subdivision 27; 260C.151, subdivision 6; 260C.152, subdivision 5; 
2.22 	260C.175, subdivision 2; 260C.176, subdivision 2; 260C.178, subdivision 1; 
2.23 	260C.181, subdivision 2; 260C.193, subdivision 3; 260C.201, subdivisions 1, 2; 
2.24 	260C.202; 260C.203; 260C.204; 260C.212, subdivision 4a; 260C.221; 260C.331, 
2.25 	subdivision 1; 260C.513; 260C.607, subdivisions 2, 5; 260C.613, subdivisions 1, 
2.26 	5; 260E.22, subdivision 2; 260E.24, subdivisions 2, 6; 260E.38, subdivision 3; 
2.27 	268.19, subdivision 1; 477A.0126, subdivision 7, by adding a subdivision; 518.17, 
2.28 	subdivision 1; 518A.43, subdivision 1; 518A.77; 626.557, subdivisions 4, 9, 9b, 
2.29 	9c, 9d, 10, 10b, 12b; 626.5571, subdivisions 1, 2; 626.5572, subdivisions 2, 4, 17; 
2.30 	Minnesota Statutes 2021 Supplement, sections 62A.673, subdivision 2; 144.0724, 
2.31 	subdivisions 4, 12, as amended; 144.551, subdivision 1; 148B.5301, subdivision 
2.32 	2; 148F.11, subdivision 1; 151.72, subdivision 5; 245.467, subdivisions 2, 3; 
2.33 	245.4871, subdivision 21; 245.4876, subdivisions 2, 3; 245.4889, subdivision 1; 
2.34 	245.735, subdivision 3; 245A.03, subdivision 7; 245A.14, subdivision 4; 245C.03, 
2.35 	subdivision 5a; 245I.02, subdivisions 19, 36; 245I.03, subdivisions 5, 9; 245I.04, 
2.36 	subdivision 4; 245I.05, subdivision 3; 245I.08, subdivision 4; 245I.09, subdivision 
2.37 	2; 245I.10, subdivisions 2, 6; 245I.20, subdivision 5; 245I.23, subdivision 22; 
2.38 	254B.05, subdivision 5; 256.01, subdivision 42; 256.042, subdivision 4, as 
2.39 	amended; 256B.0371, subdivision 4, as amended; 256B.0622, subdivision 2; 
2.40 	256B.0625, subdivisions 3b, 5m; 256B.0638, subdivision 5; 256B.0671, subdivision 
2.41 	6; 256B.0911, subdivision 3a; 256B.0943, subdivisions 1, 3, 4, 6, 7, 9, 11; 
2.42 	256B.0946, subdivision 1; 256B.0947, subdivisions 2, 3, 5, 6; 256B.0949, 
2.43 	subdivisions 2, 13; 256B.49, subdivision 14; 256B.69, subdivision 9f; 256B.85, 
2.44 	subdivisions 2, 5; 256P.01, subdivision 6a; 256P.06, subdivision 3; 256S.05, 
2.45 	subdivision 2; 256S.205; 260C.212, subdivisions 1, 2; 260C.605, subdivision 1; 
2.46 	260C.607, subdivision 6; 260E.20, subdivision 2; 363A.50; Laws 2009, chapter 
2.47 	79, article 13, section 3, subdivision 10, as amended; Laws 2020, First Special 
2.48 	Session chapter 7, section 1, subdivisions 1, as amended, 5, as amended; Laws 
2.49 	2021, First Special Session chapter 7, article 10, sections 1; 3; article 11, section 
2.50 	38; article 16, sections 2, subdivisions 23, 24, 29, 31, 32, 33; 3, subdivision 2; 5; 
2.51 	article 17, sections 1, subdivision 2; 3; 6; 10; 11; 12; 17, subdivision 3; 19; Laws 
2.52 	2021, First Special Session chapter 8, article 6, section 1, subdivision 7; proposing 
2.53 	coding for new law in Minnesota Statutes, chapters 4; 144A; 145; 245A; 256B; 
2.54 	626; repealing Minnesota Statutes 2020, sections 62U.10, subdivision 3; 144.1911, 
2.55 	subdivision 10; 144.564, subdivision 3; 144A.483, subdivision 2; 150A.091, 
2.56 	subdivisions 3, 15, 17; 245.981; 245A.03, subdivision 5; 245F.15, subdivision 2; 
2.57 	245G.11, subdivision 2; 246.0136; 246.131; 246B.03, subdivision 2; 246B.035; 
2.58 	252.025, subdivision 7; 252.035; 254A.04; 254A.21; 254B.14, subdivisions 1, 2, 
3.1 	3, 4, 6; 256.01, subdivision 31; 256B.057, subdivision 7; 256B.0638, subdivision 
3.2 	7; 256B.0911, subdivisions 2b, 2c, 3, 3b, 3g, 4d, 4e, 5, 6; 256B.0943, subdivision 
3.3 	8a; 256B.69, subdivision 20; 256D.055; 256R.08, subdivision 2; 501C.0408, 
3.4 	subdivision 4; 501C.1206; Minnesota Statutes 2021 Supplement, sections 144G.07, 
3.5 	subdivision 6; 254B.14, subdivision 5; 256B.0911, subdivisions 1a, 3a, 3f; Laws 
3.6 	1998, chapter 382, article 1, section 23; Minnesota Rules, parts 2960.0460, subpart 
3.7 	2; 9530.6565, subpart 2; 9555.6255.
3.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

3.9 	ARTICLE 1
3.10 	DEPARTMENT OF HEALTH

3.11 	Section 1. Minnesota Statutes 2020, section 144.057, subdivision 1, is amended to read:
3.12 		Subdivision 1.Background studies required. (a) Except as specified in paragraph (b), 
3.13 	the commissioner of health shall contract with the commissioner of human services to 
3.14 	conduct background studies of:
3.15 	(1) individuals providing services that have direct contact, as defined under section 
3.16 	245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes, 
3.17 	outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and 
3.18 	home care agencies licensed under chapter 144A; assisted living facilities and assisted living 
3.19 	facilities with dementia care licensed under chapter 144G; and board and lodging 
3.20 	establishments that are registered to provide supportive or health supervision services under 
3.21 	section 157.17;
3.22 	(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact 
3.23 	services in a nursing home or a home care agency licensed under chapter 144A; an assisted 
3.24 	living facility or assisted living facility with dementia care licensed under chapter 144G; 
3.25 	or a boarding care home licensed under sections 144.50 to 144.58. If the individual under 
3.26 	study resides outside Minnesota, the study must include a check for substantiated findings 
3.27 	of maltreatment of adults and children in the individual's state of residence when the 
3.28 	information is made available by that state, and must include a check of the National Crime 
3.29 	Information Center database;
3.30 	(3) all other employees in assisted living facilities or assisted living facilities with 
3.31 	dementia care licensed under chapter 144G, nursing homes licensed under chapter 144A, 
3.32 	and boarding care homes licensed under sections 144.50 to 144.58. A disqualification of 
3.33 	an individual in this section shall disqualify the individual from positions allowing direct 
3.34 	contact or access to patients or residents receiving services. "Access" means physical access 
3.35 	to a client or the client's personal property without continuous, direct supervision as defined 
4.1 	in section 245C.02, subdivision 8, when the employee's employment responsibilities do not 
4.2 	include providing direct contact services;
4.3 	(4) individuals employed by a supplemental nursing services agency, as defined under 
4.4 	section 144A.70, who are providing services in health care facilities; and
4.5 	(5) controlling persons of a supplemental nursing services agency, as defined under 
4.6 	section 144A.70.; and
4.7 	(6) license applicants, owners, managerial officials, and controlling individuals who are 
4.8 	required under section 144A.476, subdivision 1, or 144G.13, subdivision 1, to undergo a 
4.9 	background study under chapter 245C, regardless of the licensure status of the license 
4.10 	applicant, owner, managerial official, or controlling individual.
4.11 	(b) The commissioner of human services shall not conduct a background study on any 
4.12 	individual identified in paragraph (a), clauses (1) to (5), if the individual has a valid license 
4.13 	issued by a health-related licensing board as defined in section 214.01, subdivision 2, and 
4.14 	has completed the criminal background check as required in section 214.075. An entity that 
4.15 	is affiliated with individuals who meet the requirements of this paragraph must separate 
4.16 	those individuals from the entity's roster for NETStudy 2.0.
4.17 	(c) If a facility or program is licensed by the Department of Human Services and subject 
4.18 	to the background study provisions of chapter 245C and is also licensed by the Department 
4.19 	of Health, the Department of Human Services is solely responsible for the background 
4.20 	studies of individuals in the jointly licensed programs.

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

4.22 	Sec. 2. Minnesota Statutes 2021 Supplement, section 144.0724, subdivision 4, is amended 
4.23 	to read:
4.24 		Subd. 4.Resident assessment schedule. (a) A facility must conduct and electronically 
4.25 	submit to the federal database MDS assessments that conform with the assessment schedule 
4.26 	defined by the Long Term Care Facility Resident Assessment Instrument User's Manual, 
4.27 	version 3.0, or its successor issued by the Centers for Medicare and Medicaid Services. The 
4.28 	commissioner of health may substitute successor manuals or question and answer documents 
4.29 	published by the United States Department of Health and Human Services, Centers for 
4.30 	Medicare and Medicaid Services, to replace or supplement the current version of the manual 
4.31 	or document.
4.32 	(b) The assessments required under the Omnibus Budget Reconciliation Act of 1987 
4.33 	(OBRA) used to determine a case mix classification for reimbursement include the following:
5.1 	(1) a new admission comprehensive assessment, which must have an assessment reference 
5.2 	date (ARD) within 14 calendar days after admission, excluding readmissions;
5.3 	(2) an annual comprehensive assessment, which must have an ARD within 92 days of 
5.4 	a previous quarterly review assessment or a previous comprehensive assessment, which 
5.5 	must occur at least once every 366 days;
5.6 	(3) a significant change in status comprehensive assessment, which must have an ARD 
5.7 	within 14 days after the facility determines, or should have determined, that there has been 
5.8 	a significant change in the resident's physical or mental condition, whether an improvement 
5.9 	or a decline, and regardless of the amount of time since the last comprehensive assessment 
5.10 	or quarterly review assessment;
5.11 	(4) a quarterly review assessment must have an ARD within 92 days of the ARD of the 
5.12 	previous quarterly review assessment or a previous comprehensive assessment;
5.13 	(5) any significant correction to a prior comprehensive assessment, if the assessment 
5.14 	being corrected is the current one being used for RUG classification;
5.15 	(6) any significant correction to a prior quarterly review assessment, if the assessment 
5.16 	being corrected is the current one being used for RUG classification;
5.17 	(7) a required significant change in status assessment when:
5.18 	(i) all speech, occupational, and physical therapies have ended. If the most recent OBRA 
5.19 	comprehensive or quarterly assessment completed does not result in a rehabilitation case 
5.20 	mix classification, then the significant change in status assessment is not required. The ARD 
5.21 	of this assessment must be set on day eight after all therapy services have ended; and
5.22 	(ii) isolation for an infectious disease has ended. If isolation was not coded on the most 
5.23 	recent OBRA comprehensive or quarterly assessment completed, then the significant change 
5.24 	in status assessment is not required. The ARD of this assessment must be set on day 15 after 
5.25 	isolation has ended; and
5.26 	(8) any modifications to the most recent assessments under clauses (1) to (7).
5.27 	(c) In addition to the assessments listed in paragraph (b), the assessments used to 
5.28 	determine nursing facility level of care include the following:
5.29 	(1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by 
5.30 	the Senior LinkAge Line or other organization under contract with the Minnesota Board on 
5.31 	Aging; and
6.1 	(2) a nursing facility level of care determination as provided for under section 256B.0911, 
6.2 	subdivision 4e, as part of a face-to-face long-term care consultation assessment completed 
6.3 	under section 256B.0911, by a county, tribe, or managed care organization under contract 
6.4 	with the Department of Human Services.

6.5 	Sec. 3. Minnesota Statutes 2020, section 144.1201, subdivision 2, is amended to read:
6.6 		Subd. 2.By-product nuclear Byproduct material. "By-product nuclear Byproduct
6.7 	material" means a radioactive material, other than special nuclear material, yielded in or 
6.8 	made radioactive by exposure to radiation created incident to the process of producing or 
6.9 	utilizing special nuclear material.:
6.10 	(1) any radioactive material, except special nuclear material, yielded in or made 
6.11 	radioactive by exposure to the radiation incident to the process of producing or using special 
6.12 	nuclear material;
6.13 	(2) the tailings or wastes produced by the extraction or concentration of uranium or 
6.14 	thorium from ore processed primarily for its source material content, including discrete 
6.15 	surface wastes resulting from uranium solution extraction processes. Underground ore 
6.16 	bodies depleted by these solution extraction operations do not constitute byproduct material 
6.17 	within this definition;
6.18 	(3) any discrete source of radium-226 that is produced, extracted, or converted after 
6.19 	extraction for commercial, medical, or research activity, or any material that:
6.20 	(i) has been made radioactive by use of a particle accelerator; and
6.21 	(ii) is produced, extracted, or converted after extraction for commercial, medical, or 
6.22 	research activity; and
6.23 	(4) any discrete source of naturally occurring radioactive material, other than source 
6.24 	nuclear material, that:
6.25 	(i) the United States Nuclear Regulatory Commission, in consultation with the 
6.26 	Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary 
6.27 	of Homeland Security, and the head of any other appropriate federal agency determines 
6.28 	would pose a threat similar to the threat posed by a discrete source of radium-226 to the 
6.29 	public health and safety or the common defense and security; and
6.30 	(ii) is extracted or converted after extraction for use in a commercial, medical, or research 
6.31 	activity.

7.1 	Sec. 4. Minnesota Statutes 2020, section 144.1201, subdivision 4, is amended to read:
7.2 		Subd. 4.Radioactive material. "Radioactive material" means a matter that emits 
7.3 	radiation. Radioactive material includes special nuclear material, source nuclear material, 
7.4 	and by-product nuclear byproduct material.

7.5 	Sec. 5. Minnesota Statutes 2020, section 144.1503, is amended to read:
7.6 	144.1503 HOME AND COMMUNITY-BASED SERVICES EMPLOYEE 
7.7 	SCHOLARSHIP AND LOAN FORGIVENESS PROGRAM.
7.8 		Subdivision 1.Creation. The home and community-based services employee scholarship 
7.9 	grant and loan forgiveness program is established for the purpose purposes of assisting 
7.10 	qualified provider applicants to fund employee scholarships for education in nursing and 
7.11 	other health care fields; funding scholarships to individual home and community-based 
7.12 	services workers for education in nursing and other health care fields; and repaying qualified 
7.13 	educational loans secured by employees for education in nursing or other health care fields.
7.14 		Subd. 1a.Definition. For purposes of this section, "qualified educational loan" means 
7.15 	a government, commercial, or foundation loan secured by an employee of a qualified provider 
7.16 	of home and community-based services for older adults for actual costs paid for tuition, 
7.17 	reasonable education expenses, and reasonable living expenses related to the employee's 
7.18 	graduate or undergraduate education.
7.19 		Subd. 2.Provision of grants; scholarships; loan forgiveness. (a) The commissioner 
7.20 	shall make grants available to qualified providers of older adult home and community-based
7.21 	services for older adults. Grants must be used by home and community-based service 
7.22 	providers to recruit and train staff through the establishment of an employee scholarship 
7.23 	fund.
7.24 	(b) The commissioner may provide scholarships for qualified educational expenses to 
7.25 	individual home and community-based services workers who are employed in the home 
7.26 	and community-based services field.
7.27 	(c) The commissioner may use up to one-third of the annual funding available for this 
7.28 	section to establish a loan forgiveness program for eligible home and community-based 
7.29 	services workers who provide home and community-based services to older adults and for 
7.30 	whom an eligible provider employer submits their names to the commissioner for 
7.31 	consideration. To the extent possible, the loan forgiveness program must meet the standards 
7.32 	of the loan forgiveness program in section 144.1501.
8.1 		Subd. 3.Eligibility. (a) Eligible providers must primarily provide services to individuals 
8.2 	who are 65 years of age and older in home and community-based settings, including housing 
8.3 	with services establishments as defined in section 144D.01, subdivision 4 assisted living 
8.4 	facilities as defined in section 144G.08, subdivision 7; adult day care as defined in section 
8.5 	245A.02, subdivision 2a; and home care services as defined in section 144A.43, subdivision 
8.6 	3.
8.7 	(b) Under the scholarship program, qualifying providers must establish a home and 
8.8 	community-based services employee scholarship program, as specified in subdivision 4. 
8.9 	Providers that receive funding under this section must use the funds to provide educational 
8.10 	programs or award scholarships to employees who: (1) are enrolled in a course of study 
8.11 	that leads to career advancement with the provider or in the field of long-term care, including 
8.12 	home care, care of persons with disabilities, nursing, or as a licensed assisted living director; 
8.13 	and (2) work an average of at least 16 ten hours per week for the provider. Employees who 
8.14 	receive a scholarship under this section must use the scholarship funds for eligible costs of 
8.15 	enrolling in a course of study that leads to career advancement in the facility or in the field 
8.16 	of long-term care, including home care, care of persons with disabilities, nursing, or as a 
8.17 	licensed assisted living director.
8.18 	(c) Under the loan forgiveness program, qualifying providers that provide employee 
8.19 	names to the commissioner for consideration must be located in Minnesota. If necessary 
8.20 	due to the volume of applications for loan forgiveness, the commissioner, in collaboration 
8.21 	with home and community-based services stakeholders, shall determine priority areas for 
8.22 	loan forgiveness. Employees eligible for loan forgiveness include employees working as a 
8.23 	licensed assisted living director. Employees selected to receive loan forgiveness must agree 
8.24 	to work a minimum average of 32 hours per week for a minimum of two years for a 
8.25 	qualifying provider organization in order to maintain eligibility for loan forgiveness under 
8.26 	this section.
8.27 		Subd. 4.Home and community-based services employee scholarship program Duties 
8.28 	of participating qualifying providers. (a) Each qualifying provider under this section must 
8.29 	propose a home and community-based services employee scholarship program, propose to 
8.30 	provide contracted programming from a qualified educational institution, or submit employee 
8.31 	names for consideration for participation in the loan forgiveness program.
8.32 	(b) For the scholarship program, providers must establish criteria by which funds are to 
8.33 	be distributed among employees. At a minimum, the scholarship program must cover 
8.34 	employee costs related to a course of study that is expected to lead to career advancement 
9.1 	with the provider or in the field of long-term care, including home care, care of persons 
9.2 	with disabilities, or nursing, or as a licensed assisted living director.
9.3 		Subd. 5.Participating providers Request for proposals. The commissioner shall 
9.4 	publish a request for proposals in the State Register, specifying qualifying provider eligibility 
9.5 	requirements, criteria for a qualifying employee scholarship program, provider selection 
9.6 	criteria, documentation required for program participation, maximum award amount, and 
9.7 	methods of evaluation. The commissioner must publish additional requests for proposals 
9.8 	each year in which funding is available for this purpose.
9.9 		Subd. 6.Application requirements. (a) Eligible providers seeking a grant to provide 
9.10 	scholarships and educational programming and eligible employees seeking a scholarship 
9.11 	shall submit an application to the commissioner. Applications from eligible providers must 
9.12 	contain a complete description of the employee scholarship program being proposed by the 
9.13 	applicant, including the need for the organization to enhance the education of its workforce, 
9.14 	the process for determining which employees will be eligible for scholarships, any other 
9.15 	sources of funding for scholarships, the expected degrees or credentials eligible for 
9.16 	scholarships, the amount of funding sought for the scholarship program, a proposed budget 
9.17 	detailing how funds will be spent, and plans for retaining eligible employees after completion 
9.18 	of their scholarship.
9.19 	(b) Eligible providers seeking loan forgiveness for employees shall submit to the 
9.20 	commissioner the names of their employees to be considered for loan forgiveness. An 
9.21 	employee whose name has been submitted to the commissioner and who wishes to apply 
9.22 	for loan forgiveness must submit an application to the commissioner. The employee is 
9.23 	responsible for securing the employee's qualified educational loans. The commissioner shall 
9.24 	select employees for participation based on their suitability for practice as indicated by 
9.25 	experience or training. The commissioner shall give preference to employees close to 
9.26 	completing their training. For each year that an employee meets the service obligation 
9.27 	required under subdivision 3, up to a maximum of four years, the commissioner shall make 
9.28 	annual disbursements directly to the employee equivalent to 15 percent of the average 
9.29 	educational debt for indebted graduates in their profession in the year closest to the 
9.30 	employee's selection for which information is available, not to exceed the balance of the 
9.31 	employee's qualified educational loans. Before receiving loan repayment disbursements 
9.32 	and as requested, the employee must complete and return to the commissioner a confirmation 
9.33 	of practice form provided by the commissioner verifying that the employee is practicing as 
9.34 	required under subdivision 3. The employee must provide the commissioner with verification 
9.35 	that the full amount of loan repayment disbursement received by the employee has been 
10.1 	applied toward the designated loans. After each disbursement, verification must be received 
10.2 	by the commissioner and approved before the next loan repayment disbursement is made. 
10.3 	Employees who move to a different eligible provider remain eligible for loan repayment as 
10.4 	long as they practice as required in subdivision 3. If an employee does not fulfill the required 
10.5 	minimum service commitment according to subdivision 3, the commissioner shall collect 
10.6 	from the employee the total amount paid to the employee under the loan forgiveness program, 
10.7 	plus interest at a rate established according to section 270C.40. The commissioner shall 
10.8 	deposit the money collected in an account in the special revenue fund and money in that 
10.9 	account is annually appropriated to the commissioner for purposes of this section. The 
10.10 	commissioner may allow waivers of all or part of the money owed to the commissioner as 
10.11 	a result of a nonfulfillment penalty if emergency circumstances prevented fulfillment of the 
10.12 	minimum service commitment.
10.13 		Subd. 7.Selection process. The commissioner shall determine a maximum award for 
10.14 	grants and loan forgiveness, and shall make grant selections based on the information 
10.15 	provided in the grant application, including the demonstrated need for an applicant provider 
10.16 	to enhance the education of its workforce, the proposed employee scholarship or loan 
10.17 	forgiveness selection process, the applicant's proposed budget, and other criteria as 
10.18 	determined by the commissioner. Notwithstanding any law or rule to the contrary, funds 
10.19 	awarded to grantees in a grant agreement do not lapse until the grant agreement expires
10.20 	amounts appropriated for purposes of this section do not cancel and are available until 
10.21 	expended, except that at the end of each biennium, any remaining amount that is not 
10.22 	committed by contract and not needed to fulfill existing commitments shall cancel to the 
10.23 	general fund.
10.24 		Subd. 8.Reporting requirements. (a) Participating providers who receive a grant for 
10.25 	employee scholarships shall submit an invoice for reimbursement and a report to the 
10.26 	commissioner on a schedule determined by the commissioner and on a form supplied by 
10.27 	the commissioner. The report shall include the amount spent on scholarships; the number 
10.28 	of employees who received scholarships; and, for each scholarship recipient, the name of 
10.29 	the recipient, the current position of the recipient, the amount awarded, the educational 
10.30 	institution attended, the nature of the educational program, and the expected or actual 
10.31 	program completion date. During the grant period, the commissioner may require and collect 
10.32 	from grant recipients other information necessary to evaluate the program.
10.33 	(b) Employees who receive scholarships from the commissioner shall report information 
10.34 	to the commissioner on a schedule determined by the commissioner and on a form supplied 
10.35 	by the commissioner.
11.1 	(c) Participating providers whose employees receive loan forgiveness shall submit a 
11.2 	report to the commissioner on a schedule determined by the commissioner and on a form 
11.3 	supplied by the commissioner. The report must include the number of employees receiving 
11.4 	loan forgiveness, and for each employee receiving loan forgiveness, the employee's name, 
11.5 	current position, and average number of hours worked per week. During the loan forgiveness 
11.6 	period, the commissioner may require and collect from participating providers and employees 
11.7 	receiving loan forgiveness other information necessary to evaluate the program and ensure 
11.8 	ongoing eligibility.

11.9 	Sec. 6. Minnesota Statutes 2020, section 144.1911, subdivision 4, is amended to read:
11.10 		Subd. 4.Career guidance and support services. (a) The commissioner shall award 
11.11 	grants to eligible nonprofit organizations and eligible postsecondary educational institutions, 
11.12 	including the University of Minnesota, to provide career guidance and support services to 
11.13 	immigrant international medical graduates seeking to enter the Minnesota health workforce. 
11.14 	Eligible grant activities include the following:
11.15 	(1) educational and career navigation, including information on training and licensing 
11.16 	requirements for physician and nonphysician health care professions, and guidance in 
11.17 	determining which pathway is best suited for an individual international medical graduate 
11.18 	based on the graduate's skills, experience, resources, and interests;
11.19 	(2) support in becoming proficient in medical English;
11.20 	(3) support in becoming proficient in the use of information technology, including 
11.21 	computer skills and use of electronic health record technology;
11.22 	(4) support for increasing knowledge of and familiarity with the United States health 
11.23 	care system;
11.24 	(5) support for other foundational skills identified by the commissioner;
11.25 	(6) support for immigrant international medical graduates in becoming certified by the 
11.26 	Educational Commission on Foreign Medical Graduates, including help with preparation 
11.27 	for required licensing examinations and financial assistance for fees; and
11.28 	(7) assistance to international medical graduates in registering with the program's 
11.29 	Minnesota international medical graduate roster.
11.30 	(b) The commissioner shall award the initial grants under this subdivision by December 
11.31 	31, 2015.

12.1 	Sec. 7. Minnesota Statutes 2020, section 144.292, subdivision 6, is amended to read:
12.2 		Subd. 6.Cost. (a) When a patient requests a copy of the patient's record for purposes of 
12.3 	reviewing current medical care, the provider must not charge a fee.
12.4 	(b) When a provider or its representative makes copies of patient records upon a patient's 
12.5 	request under this section, the provider or its representative may charge the patient or the 
12.6 	patient's representative no more than 75 cents per page, plus $10 for time spent retrieving 
12.7 	and copying the records, unless other law or a rule or contract provide for a lower maximum 
12.8 	charge. This limitation does not apply to x-rays. The provider may charge a patient no more 
12.9 	than the actual cost of reproducing x-rays, plus no more than $10 for the time spent retrieving 
12.10 	and copying the x-rays.
12.11 	(c) The respective maximum charges of 75 cents per page and $10 for time provided in 
12.12 	this subdivision are in effect for calendar year 1992 and may be adjusted annually each 
12.13 	calendar year as provided in this subdivision. The permissible maximum charges shall 
12.14 	change each year by an amount that reflects the change, as compared to the previous year, 
12.15 	in the Consumer Price Index for all Urban Consumers, Minneapolis-St. Paul (CPI-U), 
12.16 	published by the Department of Labor.
12.17 	(d) A provider or its representative may charge the $10 retrieval fee, but must not charge 
12.18 	a per page fee to provide copies of records requested by a patient or the patient's authorized 
12.19 	representative if the request for copies of records is for purposes of appealing a denial of 
12.20 	Social Security disability income or Social Security disability benefits under title II or title 
12.21 	XVI of the Social Security Act; except that no fee shall be charged to a person patient who 
12.22 	is receiving public assistance, or to a patient who is represented by an attorney on behalf 
12.23 	of a civil legal services program or a volunteer attorney program based on indigency. For 
12.24 	the purpose of further appeals, a patient may receive no more than two medical record 
12.25 	updates without charge, but only for medical record information previously not provided. 
12.26 	For purposes of this paragraph, a patient's authorized representative does not include units 
12.27 	of state government engaged in the adjudication of Social Security disability claims.

12.28 	Sec. 8. Minnesota Statutes 2020, section 144.497, is amended to read:
12.29 	144.497 ST ELEVATION MYOCARDIAL INFARCTION.
12.30 	The commissioner of health shall assess and report on the quality of care provided in 
12.31 	the state for ST elevation myocardial infarction response and treatment. The commissioner 
12.32 	shall:
13.1 	(1) utilize and analyze data provided by ST elevation myocardial infarction receiving 
13.2 	centers to the ACTION Registry-Get with the guidelines or an equivalent data platform that 
13.3 	does not identify individuals or associate specific ST elevation myocardial infarction heart 
13.4 	attack events with an identifiable individual;
13.5 	(2) quarterly annually post a summary report of the data in aggregate form on the 
13.6 	Department of Health website; and
13.7 	(3) annually inform the legislative committees with jurisdiction over public health of 
13.8 	progress toward improving the quality of care and patient outcomes for ST elevation 
13.9 	myocardial infarctions; and
13.10 	(4) (3) coordinate to the extent possible with national voluntary health organizations 
13.11 	involved in ST elevation myocardial infarction heart attack quality improvement to encourage 
13.12 	ST elevation myocardial infarction receiving centers to report data consistent with nationally 
13.13 	recognized guidelines on the treatment of individuals with confirmed ST elevation myocardial 
13.14 	infarction heart attacks within the state and encourage sharing of information among health 
13.15 	care providers on ways to improve the quality of care of ST elevation myocardial infarction 
13.16 	patients in Minnesota.

13.17 	Sec. 9. Minnesota Statutes 2021 Supplement, section 144.551, subdivision 1, is amended 
13.18 	to read:
13.19 		Subdivision 1.Restricted construction or modification. (a) The following construction 
13.20 	or modification may not be commenced:
13.21 	(1) any erection, building, alteration, reconstruction, modernization, improvement, 
13.22 	extension, lease, or other acquisition by or on behalf of a hospital that increases the bed 
13.23 	capacity of a hospital, relocates hospital beds from one physical facility, complex, or site 
13.24 	to another, or otherwise results in an increase or redistribution of hospital beds within the 
13.25 	state; and
13.26 	(2) the establishment of a new hospital.
13.27 	(b) This section does not apply to:
13.28 	(1) construction or relocation within a county by a hospital, clinic, or other health care 
13.29 	facility that is a national referral center engaged in substantial programs of patient care, 
13.30 	medical research, and medical education meeting state and national needs that receives more 
13.31 	than 40 percent of its patients from outside the state of Minnesota;
14.1 	(2) a project for construction or modification for which a health care facility held an 
14.2 	approved certificate of need on May 1, 1984, regardless of the date of expiration of the 
14.3 	certificate;
14.4 	(3) a project for which a certificate of need was denied before July 1, 1990, if a timely 
14.5 	appeal results in an order reversing the denial;
14.6 	(4) a project exempted from certificate of need requirements by Laws 1981, chapter 200, 
14.7 	section 2;
14.8 	(5) a project involving consolidation of pediatric specialty hospital services within the 
14.9 	Minneapolis-St. Paul metropolitan area that would not result in a net increase in the number 
14.10 	of pediatric specialty hospital beds among the hospitals being consolidated;
14.11 	(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds to 
14.12 	an existing licensed hospital that will allow for the reconstruction of a new philanthropic, 
14.13 	pediatric-orthopedic hospital on an existing site and that will not result in a net increase in 
14.14 	the number of hospital beds. Upon completion of the reconstruction, the licenses of both 
14.15 	hospitals must be reinstated at the capacity that existed on each site before the relocation;
14.16 	(7) the relocation or redistribution of hospital beds within a hospital building or 
14.17 	identifiable complex of buildings provided the relocation or redistribution does not result 
14.18 	in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds from 
14.19 	one physical site or complex to another; or (iii) redistribution of hospital beds within the 
14.20 	state or a region of the state;
14.21 	(8) relocation or redistribution of hospital beds within a hospital corporate system that 
14.22 	involves the transfer of beds from a closed facility site or complex to an existing site or 
14.23 	complex provided that: (i) no more than 50 percent of the capacity of the closed facility is 
14.24 	transferred; (ii) the capacity of the site or complex to which the beds are transferred does 
14.25 	not increase by more than 50 percent; (iii) the beds are not transferred outside of a federal 
14.26 	health systems agency boundary in place on July 1, 1983; (iv) the relocation or redistribution 
14.27 	does not involve the construction of a new hospital building; and (v) the transferred beds 
14.28 	are used first to replace within the hospital corporate system the total number of beds 
14.29 	previously used in the closed facility site or complex for mental health services and substance 
14.30 	use disorder services. Only after the hospital corporate system has fulfilled the requirements 
14.31 	of this item may the remainder of the available capacity of the closed facility site or complex 
14.32 	be transferred for any other purpose;
15.1 	(9) a construction project involving up to 35 new beds in a psychiatric hospital in Rice 
15.2 	County that primarily serves adolescents and that receives more than 70 percent of its 
15.3 	patients from outside the state of Minnesota;
15.4 	(10) a project to replace a hospital or hospitals with a combined licensed capacity of 
15.5 	130 beds or less if: (i) the new hospital site is located within five miles of the current site; 
15.6 	and (ii) the total licensed capacity of the replacement hospital, either at the time of 
15.7 	construction of the initial building or as the result of future expansion, will not exceed 70 
15.8 	licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;
15.9 	(11) the relocation of licensed hospital beds from an existing state facility operated by 
15.10 	the commissioner of human services to a new or existing facility, building, or complex 
15.11 	operated by the commissioner of human services; from one regional treatment center site 
15.12 	to another; or from one building or site to a new or existing building or site on the same 
15.13 	campus;
15.14 	(12) the construction or relocation of hospital beds operated by a hospital having a 
15.15 	statutory obligation to provide hospital and medical services for the indigent that does not 
15.16 	result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27 
15.17 	beds, of which 12 serve mental health needs, may be transferred from Hennepin County 
15.18 	Medical Center to Regions Hospital under this clause;
15.19 	(13) a construction project involving the addition of up to 31 new beds in an existing 
15.20 	nonfederal hospital in Beltrami County;
15.21 	(14) a construction project involving the addition of up to eight new beds in an existing 
15.22 	nonfederal hospital in Otter Tail County with 100 licensed acute care beds;
15.23 	(15) a construction project involving the addition of 20 new hospital beds in an existing 
15.24 	hospital in Carver County serving the southwest suburban metropolitan area;
15.25 	(16) a project for the construction or relocation of up to 20 hospital beds for the operation 
15.26 	of up to two psychiatric facilities or units for children provided that the operation of the 
15.27 	facilities or units have received the approval of the commissioner of human services;
15.28 	(17) a project involving the addition of 14 new hospital beds to be used for rehabilitation 
15.29 	services in an existing hospital in Itasca County;
15.30 	(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin County 
15.31 	that closed 20 rehabilitation beds in 2002, provided that the beds are used only for 
15.32 	rehabilitation in the hospital's current rehabilitation building. If the beds are used for another 
15.33 	purpose or moved to another location, the hospital's licensed capacity is reduced by 20 beds;
16.1 	(19) a critical access hospital established under section 144.1483, clause (9), and section 
16.2 	1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that 
16.3 	delicensed beds since enactment of the Balanced Budget Act of 1997, Public Law 105-33, 
16.4 	to the extent that the critical access hospital does not seek to exceed the maximum number 
16.5 	of beds permitted such hospital under federal law;
16.6 	(20) notwithstanding section 144.552, a project for the construction of a new hospital 
16.7 	in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:
16.8 	(i) the project, including each hospital or health system that will own or control the entity 
16.9 	that will hold the new hospital license, is approved by a resolution of the Maple Grove City 
16.10 	Council as of March 1, 2006;
16.11 	(ii) the entity that will hold the new hospital license will be owned or controlled by one 
16.12 	or more not-for-profit hospitals or health systems that have previously submitted a plan or 
16.13 	plans for a project in Maple Grove as required under section 144.552, and the plan or plans 
16.14 	have been found to be in the public interest by the commissioner of health as of April 1, 
16.15 	2005;
16.16 	(iii) the new hospital's initial inpatient services must include, but are not limited to, 
16.17 	medical and surgical services, obstetrical and gynecological services, intensive care services, 
16.18 	orthopedic services, pediatric services, noninvasive cardiac diagnostics, behavioral health 
16.19 	services, and emergency room services;
16.20 	(iv) the new hospital:
16.21 	(A) will have the ability to provide and staff sufficient new beds to meet the growing 
16.22 	needs of the Maple Grove service area and the surrounding communities currently being 
16.23 	served by the hospital or health system that will own or control the entity that will hold the 
16.24 	new hospital license;
16.25 	(B) will provide uncompensated care;
16.26 	(C) will provide mental health services, including inpatient beds;
16.27 	(D) will be a site for workforce development for a broad spectrum of health-care-related 
16.28 	occupations and have a commitment to providing clinical training programs for physicians 
16.29 	and other health care providers;
16.30 	(E) will demonstrate a commitment to quality care and patient safety;
16.31 	(F) will have an electronic medical records system, including physician order entry;
16.32 	(G) will provide a broad range of senior services;
17.1 	(H) will provide emergency medical services that will coordinate care with regional 
17.2 	providers of trauma services and licensed emergency ambulance services in order to enhance 
17.3 	the continuity of care for emergency medical patients; and
17.4 	(I) will be completed by December 31, 2009, unless delayed by circumstances beyond 
17.5 	the control of the entity holding the new hospital license; and
17.6 	(v) as of 30 days following submission of a written plan, the commissioner of health 
17.7 	has not determined that the hospitals or health systems that will own or control the entity 
17.8 	that will hold the new hospital license are unable to meet the criteria of this clause;
17.9 	(21) a project approved under section 144.553;
17.10 	(22) a project for the construction of a hospital with up to 25 beds in Cass County within 
17.11 	a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's license holder 
17.12 	is approved by the Cass County Board;
17.13 	(23) a project for an acute care hospital in Fergus Falls that will increase the bed capacity 
17.14 	from 108 to 110 beds by increasing the rehabilitation bed capacity from 14 to 16 and closing 
17.15 	a separately licensed 13-bed skilled nursing facility;
17.16 	(24) notwithstanding section 144.552, a project for the construction and expansion of a 
17.17 	specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively for patients 
17.18 	who are under 21 years of age on the date of admission. The commissioner conducted a 
17.19 	public interest review of the mental health needs of Minnesota and the Twin Cities 
17.20 	metropolitan area in 2008. No further public interest review shall be conducted for the 
17.21 	construction or expansion project under this clause;
17.22 	(25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls, if the 
17.23 	commissioner finds the project is in the public interest after the public interest review 
17.24 	conducted under section 144.552 is complete;
17.25 	(26)(i) a project for a 20-bed psychiatric hospital, within an existing facility in the city 
17.26 	of Maple Grove, exclusively for patients who are under 21 years of age on the date of 
17.27 	admission, if the commissioner finds the project is in the public interest after the public 
17.28 	interest review conducted under section 144.552 is complete;
17.29 	(ii) this project shall serve patients in the continuing care benefit program under section 
17.30 	256.9693. The project may also serve patients not in the continuing care benefit program; 
17.31 	and
17.32 	(iii) if the project ceases to participate in the continuing care benefit program, the 
17.33 	commissioner must complete a subsequent public interest review under section 144.552. If 
18.1 	the project is found not to be in the public interest, the license must be terminated six months 
18.2 	from the date of that finding. If the commissioner of human services terminates the contract 
18.3 	without cause or reduces per diem payment rates for patients under the continuing care 
18.4 	benefit program below the rates in effect for services provided on December 31, 2015, the 
18.5 	project may cease to participate in the continuing care benefit program and continue to 
18.6 	operate without a subsequent public interest review;
18.7 	(27) a project involving the addition of 21 new beds in an existing psychiatric hospital 
18.8 	in Hennepin County that is exclusively for patients who are under 21 years of age on the 
18.9 	date of admission;
18.10 	(28) a project to add 55 licensed beds in an existing safety net, level I trauma center 
18.11 	hospital in Ramsey County as designated under section 383A.91, subdivision 5, of which 
18.12 	15 beds are to be used for inpatient mental health and 40 are to be used for other services. 
18.13 	In addition, five unlicensed observation mental health beds shall be added;
18.14 	(29) upon submission of a plan to the commissioner for public interest review under 
18.15 	section 144.552 and the addition of the 15 inpatient mental health beds specified in clause 
18.16 	(28), to its bed capacity, a project to add 45 licensed beds in an existing safety net, level I 
18.17 	trauma center hospital in Ramsey County as designated under section 383A.91, subdivision 
18.18 	5. Five of the 45 additional beds authorized under this clause must be designated for use 
18.19 	for inpatient mental health and must be added to the hospital's bed capacity before the 
18.20 	remaining 40 beds are added. Notwithstanding section 144.552, the hospital may add licensed 
18.21 	beds under this clause prior to completion of the public interest review, provided the hospital 
18.22 	submits its plan by the 2021 deadline and adheres to the timelines for the public interest 
18.23 	review described in section 144.552; or
18.24 	(30) upon submission of a plan to the commissioner for public interest review under 
18.25 	section 144.552, a project to add up to 30 licensed beds in an existing psychiatric hospital 
18.26 	in Hennepin County that exclusively provides care to patients who are under 21 years of 
18.27 	age on the date of admission. Notwithstanding section 144.552, the psychiatric hospital 
18.28 	may add licensed beds under this clause prior to completion of the public interest review, 
18.29 	provided the hospital submits its plan by the 2021 deadline and adheres to the timelines for 
18.30 	the public interest review described in section 144.552.;
18.31 	(31) any project to add licensed beds in a hospital located in Cook County or Mahnomen 
18.32 	County that: (i) is designated as a critical access hospital under section 144.1483, clause 
18.33 	(9), and United States Code, title 42, section 1395i-4; (ii) has a licensed bed capacity of 
18.34 	fewer than 25 beds; and (iii) has an attached nursing home, so long as the total number of 
19.1 	licensed beds in the hospital after the bed addition does not exceed 25 beds. Notwithstanding 
19.2 	section 144.552, a public interest review is not required for a project authorized under this 
19.3 	clause; or
19.4 	(32) upon submission of a plan to the commissioner for public interest review under 
19.5 	section 144.552, a project to add 22 licensed beds at a Minnesota freestanding children's 
19.6 	hospital in St. Paul that is part of an independent pediatric health system with freestanding 
19.7 	inpatient hospitals located in Minneapolis and St. Paul. The beds shall be utilized for pediatric 
19.8 	inpatient behavioral health services. Notwithstanding section 144.552, the hospital may add 
19.9 	licensed beds under this clause prior to completion of the public interest review, provided 
19.10 	the hospital submits its plan by the 2022 deadline and adheres to the timelines for the public 
19.11 	interest review described in section 144.552.

19.12 	Sec. 10. Minnesota Statutes 2020, section 144.565, subdivision 4, is amended to read:
19.13 		Subd. 4.Definitions. (a) For purposes of this section, the following terms have the 
19.14 	meanings given:.
19.15 	(b) "Diagnostic imaging facility" means a health care facility that is not a hospital or 
19.16 	location licensed as a hospital which offers diagnostic imaging services in Minnesota, 
19.17 	regardless of whether the equipment used to provide the service is owned or leased. For the 
19.18 	purposes of this section, diagnostic imaging facility includes, but is not limited to, facilities 
19.19 	such as a physician's office, clinic, mobile transport vehicle, outpatient imaging center, or 
19.20 	surgical center. A dental clinic or office is not considered a diagnostic imaging facility for 
19.21 	the purpose of this section when the clinic or office performs diagnostic imaging through 
19.22 	dental cone beam computerized tomography.
19.23 	(c) "Diagnostic imaging service" means the use of ionizing radiation or other imaging 
19.24 	technique on a human patient including, but not limited to, magnetic resonance imaging 
19.25 	(MRI) or computerized tomography (CT) other than dental cone beam computerized 
19.26 	tomography, positron emission tomography (PET), or single photon emission computerized 
19.27 	tomography (SPECT) scans using fixed, portable, or mobile equipment.
19.28 	(d) "Financial or economic interest" means a direct or indirect:
19.29 	(1) equity or debt security issued by an entity, including, but not limited to, shares of 
19.30 	stock in a corporation, membership in a limited liability company, beneficial interest in a 
19.31 	trust, units or other interests in a partnership, bonds, debentures, notes or other equity 
19.32 	interests or debt instruments, or any contractual arrangements;
20.1 	(2) membership, proprietary interest, or co-ownership with an individual, group, or 
20.2 	organization to which patients, clients, or customers are referred to; or
20.3 	(3) employer-employee or independent contractor relationship, including, but not limited 
20.4 	to, those that may occur in a limited partnership, profit-sharing arrangement, or other similar 
20.5 	arrangement with any facility to which patients are referred, including any compensation 
20.6 	between a facility and a health care provider, the group practice of which the provider is a 
20.7 	member or employee or a related party with respect to any of them.
20.8 	(e) "Fixed equipment" means a stationary diagnostic imaging machine installed in a 
20.9 	permanent location.
20.10 	(f) "Mobile equipment" means a diagnostic imaging machine in a self-contained transport 
20.11 	vehicle designed to be brought to a temporary offsite off-site location to perform diagnostic 
20.12 	imaging services.
20.13 	(g) "Portable equipment" means a diagnostic imaging machine designed to be temporarily 
20.14 	transported within a permanent location to perform diagnostic imaging services.
20.15 	(h) "Provider of diagnostic imaging services" means a diagnostic imaging facility or an 
20.16 	entity that offers and bills for diagnostic imaging services at a facility owned or leased by 
20.17 	the entity.

20.18 	Sec. 11. Minnesota Statutes 2020, section 144.6502, subdivision 1, is amended to read:
20.19 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in this 
20.20 	subdivision have the meanings given.
20.21 	(b) "Commissioner" means the commissioner of health.
20.22 	(c) "Department" means the Department of Health.
20.23 	(d) "Electronic monitoring" means the placement and use of an electronic monitoring 
20.24 	device by a resident in the resident's room or private living unit in accordance with this 
20.25 	section.
20.26 	(e) "Electronic monitoring device" means a camera or other device that captures, records, 
20.27 	or broadcasts audio, video, or both, that is placed in a resident's room or private living unit 
20.28 	and is used to monitor the resident or activities in the room or private living unit.
20.29 	(f) "Facility" means a facility that is:
20.30 	(1) licensed as a nursing home under chapter 144A;
20.31 	(2) licensed as a boarding care home under sections 144.50 to 144.56;
21.1 	(3) until August 1, 2021, a housing with services establishment registered under chapter 
21.2 	144D that is either subject to chapter 144G or has a disclosed special unit under section 
21.3 	325F.72; or
21.4 	(4) on or after August 1, 2021, an assisted living facility.
21.5 	(g) "Resident" means a person 18 years of age or older residing in a facility.
21.6 	(h) "Resident representative" means one of the following in the order of priority listed, 
21.7 	to the extent the person may reasonably be identified and located:
21.8 	(1) a court-appointed guardian;
21.9 	(2) a health care agent as defined in section 145C.01, subdivision 2; or
21.10 	(3) a person who is not an agent of a facility or of a home care provider designated in 
21.11 	writing by the resident and maintained in the resident's records on file with the facility.

21.12 	Sec. 12. Minnesota Statutes 2020, section 144A.01, is amended to read:
21.13 	144A.01 DEFINITIONS.
21.14 		Subdivision 1.Scope. For the purposes of sections 144A.01 to 144A.27, the terms 
21.15 	defined in this section have the meanings given them.
21.16 		Subd. 2.Commissioner of health. "Commissioner of health" means the state 
21.17 	commissioner of health established by section 144.011.
21.18 		Subd. 3.Board of Executives for Long Term Services and Supports. "Board of 
21.19 	Executives for Long Term Services and Supports" means the Board of Executives for Long 
21.20 	Term Services and Supports established by section 144A.19.
21.21 		Subd. 3a.Certified. "Certified" means certified for participation as a provider in the 
21.22 	Medicare or Medicaid programs under title XVIII or XIX of the Social Security Act.
21.23 		Subd. 4.Controlling person. (a) "Controlling person" means any public body, 
21.24 	governmental agency, business entity, an owner and the following individuals and entities, 
21.25 	if applicable:
21.26 	(1) each officer of the organization, including the chief executive officer and the chief 
21.27 	financial officer;
21.28 	(2) the nursing home administrator, or director whose responsibilities include the direction 
21.29 	of the management or policies of a nursing home; and
21.30 	(3) any managerial official.
22.1 	(b) "Controlling person" also means any entity or natural person who, directly or 
22.2 	indirectly, beneficially owns any has any direct or indirect ownership interest in:
22.3 	(1) any corporation, partnership or other business association which is a controlling 
22.4 	person;
22.5 	(2) the land on which a nursing home is located;
22.6 	(3) the structure in which a nursing home is located;
22.7 	(4) any entity with at least a five percent mortgage, contract for deed, deed of trust, or 
22.8 	other obligation secured in whole or part by security interest in the land or structure 
22.9 	comprising a nursing home; or
22.10 	(5) any lease or sublease of the land, structure, or facilities comprising a nursing home.
22.11 	(b) (c) "Controlling person" does not include:
22.12 	(1) a bank, savings bank, trust company, savings association, credit union, industrial 
22.13 	loan and thrift company, investment banking firm, or insurance company unless the entity 
22.14 	directly or through a subsidiary operates a nursing home;
22.15 	(2) government and government-sponsored entities such as the United States Department 
22.16 	of Housing and Urban Development, Ginnie Mae, Fannie Mae, Freddie Mac, and the 
22.17 	Minnesota Housing Finance Agency which provide loans, financing, and insurance products 
22.18 	for housing sites;
22.19 	(2) (3) an individual who is a state or federal official or, a state or federal employee, or 
22.20 	a member or employee of the governing body of a political subdivision of the state which
22.21 	or federal government that operates one or more nursing homes, unless the individual is 
22.22 	also an officer or director of a, owner, or managerial official of the nursing home, receives 
22.23 	any remuneration from a nursing home, or owns any of the beneficial interests who is a 
22.24 	controlling person not otherwise excluded in this subdivision;
22.25 	(3) (4) a natural person who is a member of a tax-exempt organization under section 
22.26 	290.05, subdivision 2, unless the individual is also an officer or director of a nursing home, 
22.27 	or owns any of the beneficial interests a controlling person not otherwise excluded in this 
22.28 	subdivision; and
22.29 	(4) (5) a natural person who owns less than five percent of the outstanding common 
22.30 	shares of a corporation:
22.31 	(i) whose securities are exempt by virtue of section 80A.45, clause (6); or
22.32 	(ii) whose transactions are exempt by virtue of section 80A.46, clause (7).
23.1 		Subd. 4a.Emergency. "Emergency" means a situation or physical condition that creates 
23.2 	or probably will create an immediate and serious threat to a resident's health or safety.
23.3 		Subd. 5.Nursing home. "Nursing home" means a facility or that part of a facility which 
23.4 	provides nursing care to five or more persons. "Nursing home" does not include a facility 
23.5 	or that part of a facility which is a hospital, a hospital with approved swing beds as defined 
23.6 	in section 144.562, clinic, doctor's office, diagnostic or treatment center, or a residential 
23.7 	program licensed pursuant to sections 245A.01 to 245A.16 or 252.28.
23.8 		Subd. 6.Nursing care. "Nursing care" means health evaluation and treatment of patients 
23.9 	and residents who are not in need of an acute care facility but who require nursing supervision 
23.10 	on an inpatient basis. The commissioner of health may by rule establish levels of nursing 
23.11 	care.
23.12 		Subd. 7.Uncorrected violation. "Uncorrected violation" means a violation of a statute 
23.13 	or rule or any other deficiency for which a notice of noncompliance has been issued and 
23.14 	fine assessed and allowed to be recovered pursuant to section 144A.10, subdivision 8.
23.15 		Subd. 8.Managerial employee official. "Managerial employee official" means an 
23.16 	employee of a individual who has the decision-making authority related to the operation of 
23.17 	the nursing home whose duties include and the responsibility for either: (1) the ongoing 
23.18 	management of the nursing home; or (2) the direction of some or all of the management or
23.19 	policies, services, or employees of the nursing home.
23.20 		Subd. 9.Nursing home administrator. "Nursing home administrator" means a person 
23.21 	who administers, manages, supervises, or is in general administrative charge of a nursing 
23.22 	home, whether or not the individual has an ownership interest in the home, and whether or 
23.23 	not the person's functions and duties are shared with one or more individuals, and who is 
23.24 	licensed pursuant to section 144A.21.
23.25 		Subd. 10.Repeated violation. "Repeated violation" means the issuance of two or more 
23.26 	correction orders, within a 12-month period, for a violation of the same provision of a statute 
23.27 	or rule.
23.28 		Subd. 11.Change of ownership. "Change of ownership" means a change in the licensee.
23.29 		Subd. 12.Direct ownership interest. "Direct ownership interest" means an individual 
23.30 	or legal entity with the possession of at least five percent equity in capital, stock, or profits 
23.31 	of the licensee or who is a member of a limited liability company of the licensee.
24.1 		Subd. 13.Indirect ownership interest. "Indirect ownership interest" means an individual 
24.2 	or legal entity with a direct ownership interest in an entity that has a direct or indirect 
24.3 	ownership interest of at least five percent in an entity that is a licensee.
24.4 		Subd. 14.Licensee. "Licensee" means a person or legal entity to whom the commissioner 
24.5 	issues a license for a nursing home and who is responsible for the management, control, 
24.6 	and operation of the nursing home.
24.7 		Subd. 15.Management agreement. "Management agreement" means a written, executed 
24.8 	agreement between a licensee and manager regarding the provision of certain services on 
24.9 	behalf of the licensee.
24.10 		Subd. 16.Manager. "Manager" means an individual or legal entity designated by the 
24.11 	licensee through a management agreement to act on behalf of the licensee in the on-site 
24.12 	management of the nursing home.
24.13 		Subd. 17.Owner. "Owner" means: (1) an individual or legal entity that has a direct or 
24.14 	indirect ownership interest of five percent or more in a licensee; and (2) for purposes of this 
24.15 	chapter, owner of a nonprofit corporation means the president and treasurer of the board of 
24.16 	directors; and (3) for an entity owned by an employee stock ownership plan, owner means 
24.17 	the president and treasurer of the entity. A government entity that is issued a license under 
24.18 	this chapter shall be designated the owner.

24.19 	EFFECTIVE DATE. This section is effective August 1, 2022.

24.20 	Sec. 13. Minnesota Statutes 2020, section 144A.03, subdivision 1, is amended to read:
24.21 		Subdivision 1.Form; requirements. (a) The commissioner of health by rule shall 
24.22 	establish forms and procedures for the processing of nursing home license applications.
24.23 	(b) An application for a nursing home license shall include the following information:
24.24 	(1) the names business name and addresses of all controlling persons and managerial 
24.25 	employees of the facility to be licensed legal entity name of the licensee;
24.26 	(2) the street address, mailing address, and legal property description of the facility;
24.27 	(3) the names, e-mail addresses, telephone numbers, and mailing addresses of all owners, 
24.28 	controlling persons, managerial officials, and the nursing home administrator;
24.29 	(4) the name and e-mail address of the managing agent and manager, if applicable;
24.30 	(5) the licensed bed capacity;
24.31 	(6) the license fee in the amount specified in section 144.122;
25.1 	(7) documentation of compliance with the background study requirements in section 
25.2 	144.057 for the owner, controlling persons, and managerial officials. Each application for 
25.3 	a new license must include documentation for the applicant and for each individual with 
25.4 	five percent or more direct or indirect ownership in the applicant;
25.5 	(3) (8) a copy of the architectural and engineering plans and specifications of the facility 
25.6 	as prepared and certified by an architect or engineer registered to practice in this state; and
25.7 	(9) a representative copy of the executed lease agreement between the landlord and the 
25.8 	licensee, if applicable;
25.9 	(10) a representative copy of the management agreement, if applicable;
25.10 	(11) a representative copy of the operations transfer agreement or similar agreement, if 
25.11 	applicable;
25.12 	(12) an organizational chart that identifies all organizations and individuals with an 
25.13 	ownership interest in the licensee of five percent or greater and that specifies their relationship 
25.14 	with the licensee and with each other;
25.15 	(13) whether the applicant, owner, controlling person, managerial official, or nursing 
25.16 	home administrator of the facility has ever been convicted of:
25.17 	(i) a crime or found civilly liable for a federal or state felony-level offense that was 
25.18 	detrimental to the best interests of the facility and its residents within the last ten years 
25.19 	preceding submission of the license application. Offenses include: (A) felony crimes against 
25.20 	persons and other similar crimes for which the individual was convicted, including guilty 
25.21 	pleas and adjudicated pretrial diversions; (B) financial crimes such as extortion, 
25.22 	embezzlement, income tax evasion, insurance fraud, and other similar crimes for which the 
25.23 	individual was convicted, including guilty pleas and adjudicated pretrial diversions; (C) 
25.24 	any felonies involving malpractice that resulted in a conviction of criminal neglect or 
25.25 	misconduct; and (D) any felonies that would result in a mandatory exclusion under section 
25.26 	1128(a) of the Social Security Act;
25.27 	(ii) any misdemeanor under federal or state law related to the delivery of an item or 
25.28 	service under Medicaid or a state health care program or the abuse or neglect of a patient 
25.29 	in connection with the delivery of a health care item or service;
25.30 	(iii) any misdemeanor under federal or state law related to theft, fraud, embezzlement, 
25.31 	breach of fiduciary duty, or other financial misconduct in connection with the delivery of 
25.32 	a health care item or service;
26.1 	(iv) any felony or misdemeanor under federal or state law relating to the interference 
26.2 	with or obstruction of any investigation into any criminal offense described in Code of 
26.3 	Federal Regulations, title 42, section 1001.101 or 1001.201; or
26.4 	(v) any felony or misdemeanor under federal or state law relating to the unlawful 
26.5 	manufacture, distribution, prescription, or dispensing of a controlled substance;
26.6 	(14) whether the applicant, owner, controlling person, managerial official, or nursing 
26.7 	home administrator of the facility has had:
26.8 	(i) any revocation or suspension of a license to provide health care by any state licensing 
26.9 	authority. This includes the surrender of the license while a formal disciplinary proceeding 
26.10 	was pending before a state licensing authority;
26.11 	(ii) any revocation or suspension of accreditation; or
26.12 	(iii) any suspension or exclusion from participation in, or any sanction imposed by, a 
26.13 	federal or state health care program or any debarment from participation in any federal 
26.14 	executive branch procurement or nonprocurement program;
26.15 	(15) whether in the preceding three years the applicant or any owner, controlling person, 
26.16 	managerial official, or nursing home administrator of the facility has a record of defaulting 
26.17 	in the payment of money collected for others, including the discharge of debts through 
26.18 	bankruptcy proceedings;
26.19 	(16) the signature of the owner of the licensee or an authorized agent of the licensee;
26.20 	(17) identification of all states where the applicant or individual having a five percent 
26.21 	or more ownership currently or previously has been licensed as an owner or operator of a 
26.22 	long-term care, community-based, or health care facility or agency where the applicant's or 
26.23 	individual's license or federal certification has been denied, suspended, restricted, conditioned, 
26.24 	refused, not renewed, or revoked under a private or state-controlled receivership or where 
26.25 	these same actions are pending under the laws of any state or federal authority; and
26.26 	(4) (18) any other relevant information which the commissioner of health by rule or 
26.27 	otherwise may determine is necessary to properly evaluate an application for license.
26.28 	(c) A controlling person which is a corporation shall submit copies of its articles of 
26.29 	incorporation and bylaws and any amendments thereto as they occur, together with the 
26.30 	names and addresses of its officers and directors. A controlling person which is a foreign 
26.31 	corporation shall furnish the commissioner of health with a copy of its certificate of authority 
26.32 	to do business in this state. An application on behalf of a controlling person which is a 
27.1 	corporation, association or a governmental unit or instrumentality shall be signed by at least 
27.2 	two officers or managing agents of that entity.

27.3 	EFFECTIVE DATE. This section is effective August 1, 2022.

27.4 	Sec. 14. Minnesota Statutes 2020, section 144A.04, subdivision 4, is amended to read:
27.5 		Subd. 4.Controlling person restrictions. (a) The commissioner has discretion to bar 
27.6 	any controlling persons of a nursing home may not include any if the person who was a 
27.7 	controlling person of another any other nursing home during any period of time, assisted 
27.8 	living facility, long-term care or health care facility, or agency in the previous two-year 
27.9 	period and:
27.10 	(1) during which that period of time of control that other nursing home the facility or 
27.11 	agency incurred the following number of uncorrected or repeated violations:
27.12 	(i) two or more uncorrected violations or one or more repeated violations which created 
27.13 	an imminent risk to direct resident or client care or safety; or
27.14 	(ii) four or more uncorrected violations or two or more repeated violations of any nature 
27.15 	for which the fines are in the four highest daily fine categories prescribed in rule; or
27.16 	(2) who during that period of time, was convicted of a felony or gross misdemeanor that 
27.17 	relates related to operation of the nursing home facility or agency or directly affects affected
27.18 	resident safety or care, during that period.
27.19 	(b) The provisions of this subdivision shall not apply to any controlling person who had 
27.20 	no legal authority to affect or change decisions related to the operation of the nursing home 
27.21 	which incurred the uncorrected violations.
27.22 	(c) When the commissioner bars a controlling person under this subdivision, the 
27.23 	controlling person has the right to appeal under chapter 14.

27.24 	Sec. 15. Minnesota Statutes 2020, section 144A.04, subdivision 6, is amended to read:
27.25 		Subd. 6.Managerial employee official or licensed administrator; employment 
27.26 	prohibitions. A nursing home may not employ as a managerial employee official or as its 
27.27 	licensed administrator any person who was a managerial employee official or the licensed 
27.28 	administrator of another facility during any period of time in the previous two-year period:
27.29 	(1) during which time of employment that other nursing home incurred the following 
27.30 	number of uncorrected violations which were in the jurisdiction and control of the managerial 
27.31 	employee official or the administrator:
28.1 	(i) two or more uncorrected violations or one or more repeated violations which created 
28.2 	an imminent risk to direct resident care or safety; or
28.3 	(ii) four or more uncorrected violations or two or more repeated violations of any nature 
28.4 	for which the fines are in the four highest daily fine categories prescribed in rule; or
28.5 	(2) who was convicted of a felony or gross misdemeanor that relates to operation of the 
28.6 	nursing home or directly affects resident safety or care, during that period.

28.7 	EFFECTIVE DATE. This section is effective August 1, 2022.

28.8 	Sec. 16. Minnesota Statutes 2020, section 144A.06, is amended to read:
28.9 	144A.06 TRANSFER OF INTERESTS LICENSE PROHIBITED.
28.10 		Subdivision 1.Notice; expiration of license Transfers prohibited. Any controlling 
28.11 	person who makes any transfer of a beneficial interest in a nursing home shall notify the 
28.12 	commissioner of health of the transfer within 14 days of its occurrence. The notification 
28.13 	shall identify by name and address the transferor and transferee and shall specify the nature 
28.14 	and amount of the transferred interest. On determining that the transferred beneficial interest 
28.15 	exceeds ten percent of the total beneficial interest in the nursing home facility, the structure 
28.16 	in which the facility is located, or the land upon which the structure is located, the 
28.17 	commissioner may, and on determining that the transferred beneficial interest exceeds 50 
28.18 	percent of the total beneficial interest in the facility, the structure in which the facility is 
28.19 	located, or the land upon which the structure is located, the commissioner shall require that 
28.20 	the license of the nursing home expire 90 days after the date of transfer. The commissioner 
28.21 	of health shall notify the nursing home by certified mail of the expiration of the license at 
28.22 	least 60 days prior to the date of expiration. A nursing home license may not be transferred.
28.23 		Subd. 2.Relicensure New license required; change of ownership. (a) The 
28.24 	commissioner of health by rule shall prescribe procedures for relicensure licensure under 
28.25 	this section. The commissioner of health shall relicense a nursing home if the facility satisfies 
28.26 	the requirements for license renewal established by section 144A.05. A facility shall not be 
28.27 	relicensed by the commissioner if at the time of transfer there are any uncorrected violations. 
28.28 	The commissioner of health may temporarily waive correction of one or more violations if 
28.29 	the commissioner determines that:
28.30 	(1) temporary noncorrection of the violation will not create an imminent risk of harm 
28.31 	to a nursing home resident; and
28.32 	(2) a controlling person on behalf of all other controlling persons:
29.1 	(i) has entered into a contract to obtain the materials or labor necessary to correct the 
29.2 	violation, but the supplier or other contractor has failed to perform the terms of the contract 
29.3 	and the inability of the nursing home to correct the violation is due solely to that failure; or
29.4 	(ii) is otherwise making a diligent good faith effort to correct the violation.
29.5 	(b) A new license is required and the prospective licensee must apply for a license prior 
29.6 	to operating a currently licensed nursing home. The licensee must change whenever one of 
29.7 	the following events occur:
29.8 	(1) the form of the licensee's legal entity structure is converted or changed to a different 
29.9 	type of legal entity structure;
29.10 	(2) the licensee dissolves, consolidates, or merges with another legal organization and 
29.11 	the licensee's legal organization does not survive;
29.12 	(3) within the previous 24 months, 50 percent or more of the licensee's ownership interest 
29.13 	is transferred, whether by a single transaction or multiple transactions to:
29.14 	(i) a different person; or
29.15 	(ii) a person who had less than a five percent ownership interest in the facility at the 
29.16 	time of the first transaction; or
29.17 	(4) any other event or combination of events that results in a substitution, elimination, 
29.18 	or withdrawal of the licensee's responsibility for the facility.
29.19 		Subd. 3.Compliance. The commissioner must consult with the commissioner of human 
29.20 	services regarding the history of financial and cost reporting compliance of the prospective 
29.21 	licensee and prospective licensee's financial operations in any nursing home that the 
29.22 	prospective licensee or any controlling person listed in the license application has had an 
29.23 	interest in.
29.24 		Subd. 4.Facility operation. The current licensee remains responsible for the operation 
29.25 	of the nursing home until the nursing home is licensed to the prospective licensee.

29.26 	EFFECTIVE DATE. This section is effective August 1, 2022.

29.27 	Sec. 17. [144A.32] CONSIDERATION OF APPLICATIONS.
29.28 	(a) Before issuing a license or renewing an existing license, the commissioner shall 
29.29 	consider an applicant's compliance history in providing care in a facility that provides care 
29.30 	to children, the elderly, ill individuals, or individuals with disabilities.
30.1 	(b) The applicant's compliance history shall include repeat violations, rule violations, 
30.2 	and any license or certification involuntarily suspended or terminated during an enforcement 
30.3 	process.
30.4 	(c) The commissioner may deny, revoke, suspend, restrict, or refuse to renew the license 
30.5 	or impose conditions if:
30.6 	(1) the applicant fails to provide complete and accurate information on the application 
30.7 	and the commissioner concludes that the missing or corrected information is needed to 
30.8 	determine if a license is granted;
30.9 	(2) the applicant, knowingly or with reason to know, made a false statement of a material 
30.10 	fact in an application for the license or any data attached to the application or in any matter 
30.11 	under investigation by the department;
30.12 	(3) the applicant refused to allow agents of the commissioner to inspect the applicant's 
30.13 	books, records, files related to the license application, or any portion of the premises;
30.14 	(4) the applicant willfully prevented, interfered with, or attempted to impede in any way:
30.15 	(i) the work of any authorized representative of the commissioner, the ombudsman for 
30.16 	long-term care, or the ombudsman for mental health and developmental disabilities; or
30.17 	(ii) the duties of the commissioner, local law enforcement, city or county attorneys, adult 
30.18 	protection, county case managers, or other local government personnel;
30.19 	(5) the applicant has a history of noncompliance with federal or state regulations that 
30.20 	were detrimental to the health, welfare, or safety of a resident or a client; or
30.21 	(6) the applicant violates any requirement in this chapter or chapter 256R.
30.22 	(d) If a license is denied, the applicant has the reconsideration rights available under 
30.23 	chapter 14.

30.24 	EFFECTIVE DATE. This section is effective August 1, 2022.

30.25 	Sec. 18. Minnesota Statutes 2020, section 144A.4799, subdivision 1, is amended to read:
30.26 		Subdivision 1.Membership. The commissioner of health shall appoint eight 13 persons 
30.27 	to a home care and assisted living program advisory council consisting of the following:
30.28 	(1) three two public members as defined in section 214.02 who shall be persons who 
30.29 	are currently receiving home care services, persons who have received home care services 
30.30 	within five years of the application date, persons who have family members receiving home 
31.1 	care services, or persons who have family members who have received home care services 
31.2 	within five years of the application date;
31.3 	(2) three two Minnesota home care licensees representing basic and comprehensive 
31.4 	levels of licensure who may be a managerial official, an administrator, a supervising 
31.5 	registered nurse, or an unlicensed personnel performing home care tasks;
31.6 	(3) one member representing the Minnesota Board of Nursing;
31.7 	(4) one member representing the Office of Ombudsman for Long-Term Care; and
31.8 	(5) one member representing the Office of Ombudsman for Mental Health and 
31.9 	Developmental Disabilities;
31.10 	(5) (6) beginning July 1, 2021, one member of a county health and human services or 
31.11 	county adult protection office.;
31.12 	(7) two Minnesota assisted living facility licensees representing assisted living facilities 
31.13 	and assisted living facilities with dementia care levels of licensure who may be the facility's 
31.14 	assisted living director, managerial official, or clinical nurse supervisor;
31.15 	(8) one organization representing long-term care providers, home care providers, and 
31.16 	assisted living providers in Minnesota; and
31.17 	(9) two public members as defined in section 214.02. One public member shall be a 
31.18 	person who either is or has been a resident in an assisted living facility and one public 
31.19 	member shall be a person who has or had a family member living in an assisted living 
31.20 	facility setting.

31.21 	Sec. 19. Minnesota Statutes 2020, section 144A.4799, subdivision 3, is amended to read:
31.22 		Subd. 3.Duties. (a) At the commissioner's request, the advisory council shall provide 
31.23 	advice regarding regulations of Department of Health licensed assisted living and home 
31.24 	care providers in this chapter, including advice on the following:
31.25 	(1) community standards for home care practices;
31.26 	(2) enforcement of licensing standards and whether certain disciplinary actions are 
31.27 	appropriate;
31.28 	(3) ways of distributing information to licensees and consumers of home care and assisted 
31.29 	living services defined under chapter 144G;
31.30 	(4) training standards;
32.1 	(5) identifying emerging issues and opportunities in home care and assisted living services 
32.2 	defined under chapter 144G;
32.3 	(6) identifying the use of technology in home and telehealth capabilities;
32.4 	(7) allowable home care licensing modifications and exemptions, including a method 
32.5 	for an integrated license with an existing license for rural licensed nursing homes to provide 
32.6 	limited home care services in an adjacent independent living apartment building owned by 
32.7 	the licensed nursing home; and
32.8 	(8) recommendations for studies using the data in section 62U.04, subdivision 4, including 
32.9 	but not limited to studies concerning costs related to dementia and chronic disease among 
32.10 	an elderly population over 60 and additional long-term care costs, as described in section 
32.11 	62U.10, subdivision 6.
32.12 	(b) The advisory council shall perform other duties as directed by the commissioner.
32.13 	(c) The advisory council shall annually make recommendations to the commissioner for 
32.14 	the purposes in section 144A.474, subdivision 11, paragraph (i). The recommendations shall 
32.15 	address ways the commissioner may improve protection of the public under existing statutes 
32.16 	and laws and include but are not limited to projects that create and administer training of 
32.17 	licensees and their employees to improve residents' lives, supporting ways that licensees 
32.18 	can improve and enhance quality care and ways to provide technical assistance to licensees 
32.19 	to improve compliance; information technology and data projects that analyze and 
32.20 	communicate information about trends of violations or lead to ways of improving client 
32.21 	care; communications strategies to licensees and the public; and other projects or pilots that 
32.22 	benefit clients, families, and the public.

32.23 	Sec. 20. Minnesota Statutes 2020, section 144A.75, subdivision 12, is amended to read:
32.24 		Subd. 12.Palliative care. "Palliative care" means the total active care of patients whose 
32.25 	disease is not responsive to curative treatment. Control of pain, of other symptoms, and of 
32.26 	psychological, social, and spiritual problems is paramount specialized medical care for 
32.27 	individuals living with a serious illness or life-limiting condition. This type of care is focused 
32.28 	on reducing the pain, symptoms, and stress of a serious illness or condition. Palliative care 
32.29 	is a team-based approach to care, providing essential support at any age or stage of a serious 
32.30 	illness or condition, and is often provided together with curative treatment. The goal of 
32.31 	palliative care is the achievement of the best quality of life for patients and their families
32.32 	to improve quality of life for both the patient and the patient's family or care partner.

33.1 	Sec. 21. Minnesota Statutes 2020, section 144G.08, is amended by adding a subdivision 
33.2 	to read:
33.3 		Subd. 62a.Serious injury. "Serious injury" has the meaning given in section 245.91, 
33.4 	subdivision 6.

33.5 	EFFECTIVE DATE. This section is effective August 1, 2022.

33.6 	Sec. 22. Minnesota Statutes 2020, section 144G.15, is amended to read:
33.7 	144G.15 CONSIDERATION OF APPLICATIONS.
33.8 	(a) Before issuing a provisional license or license or renewing a license, the commissioner 
33.9 	shall consider an applicant's compliance history in providing care in this state or any other 
33.10 	state in a facility that provides care to children, the elderly, ill individuals, or individuals 
33.11 	with disabilities.
33.12 	(b) The applicant's compliance history shall include repeat violation, rule violations, and 
33.13 	any license or certification involuntarily suspended or terminated during an enforcement 
33.14 	process.
33.15 	(c) The commissioner may deny, revoke, suspend, restrict, or refuse to renew the license 
33.16 	or impose conditions if:
33.17 	(1) the applicant fails to provide complete and accurate information on the application 
33.18 	and the commissioner concludes that the missing or corrected information is needed to 
33.19 	determine if a license shall be granted;
33.20 	(2) the applicant, knowingly or with reason to know, made a false statement of a material 
33.21 	fact in an application for the license or any data attached to the application or in any matter 
33.22 	under investigation by the department;
33.23 	(3) the applicant refused to allow agents of the commissioner to inspect its books, records, 
33.24 	and files related to the license application, or any portion of the premises;
33.25 	(4) the applicant willfully prevented, interfered with, or attempted to impede in any way: 
33.26 	(i) the work of any authorized representative of the commissioner, the ombudsman for 
33.27 	long-term care, or the ombudsman for mental health and developmental disabilities; or (ii) 
33.28 	the duties of the commissioner, local law enforcement, city or county attorneys, adult 
33.29 	protection, county case managers, or other local government personnel;
33.30 	(5) the applicant, owner, controlling individual, managerial official, or assisted living 
33.31 	director for the facility has a history of noncompliance with federal or state regulations that 
33.32 	were detrimental to the health, welfare, or safety of a resident or a client; or
34.1 	(6) the applicant violates any requirement in this chapter.
34.2 	(d) If a license is denied, the applicant has the reconsideration rights available under 
34.3 	section 144G.16, subdivision 4.

34.4 	EFFECTIVE DATE. This section is effective August 1, 2022.

34.5 	Sec. 23. Minnesota Statutes 2020, section 144G.17, is amended to read:
34.6 	144G.17 LICENSE RENEWAL.
34.7 	A license that is not a provisional license may be renewed for a period of up to one year 
34.8 	if the licensee:
34.9 	(1) submits an application for renewal in the format provided by the commissioner at 
34.10 	least 60 calendar days before expiration of the license;
34.11 	(2) submits the renewal fee under section 144G.12, subdivision 3;
34.12 	(3) submits the late fee under section 144G.12, subdivision 4, if the renewal application 
34.13 	is received less than 30 days before the expiration date of the license or after the expiration 
34.14 	of the license;
34.15 	(4) provides information sufficient to show that the applicant meets the requirements of 
34.16 	licensure, including items required under section 144G.12, subdivision 1; and
34.17 	(5) provides information sufficient to show the licensee provided assisted living services 
34.18 	to at least one resident during the immediately preceding license year and at the assisted 
34.19 	living facility listed on the license; and
34.20 	(5) (6) provides any other information deemed necessary by the commissioner.

34.21 	EFFECTIVE DATE. This section is effective August 1, 2022.

34.22 	Sec. 24. Minnesota Statutes 2020, section 144G.19, is amended by adding a subdivision 
34.23 	to read:
34.24 		Subd. 4.Change of licensee.  Notwithstanding any other provision of law, a change of 
34.25 	licensee under subdivision 2 does not require the facility to meet the design requirements 
34.26 	of section 144G.45, subdivisions 4 to 6, or 144G.81, subdivision 3.

34.27 	EFFECTIVE DATE. This section is effective August 1, 2022.

35.1 	Sec. 25. Minnesota Statutes 2020, section 144G.20, subdivision 1, is amended to read:
35.2 		Subdivision 1.Conditions. (a) The commissioner may refuse to grant a provisional 
35.3 	license, refuse to grant a license as a result of a change in ownership, refuse to renew a 
35.4 	license, suspend or revoke a license, or impose a conditional license if the owner, controlling 
35.5 	individual, or employee of an assisted living facility:
35.6 	(1) is in violation of, or during the term of the license has violated, any of the requirements 
35.7 	in this chapter or adopted rules;
35.8 	(2) permits, aids, or abets the commission of any illegal act in the provision of assisted 
35.9 	living services;
35.10 	(3) performs any act detrimental to the health, safety, and welfare of a resident;
35.11 	(4) obtains the license by fraud or misrepresentation;
35.12 	(5) knowingly makes a false statement of a material fact in the application for a license 
35.13 	or in any other record or report required by this chapter;
35.14 	(6) denies representatives of the department access to any part of the facility's books, 
35.15 	records, files, or employees;
35.16 	(7) interferes with or impedes a representative of the department in contacting the facility's 
35.17 	residents;
35.18 	(8) interferes with or impedes ombudsman access according to section 256.9742, 
35.19 	subdivision 4, or interferes with or impedes access by the Office of Ombudsman for Mental 
35.20 	Health and Developmental Disabilities according to section 245.94, subdivision 1;
35.21 	(9) interferes with or impedes a representative of the department in the enforcement of 
35.22 	this chapter or fails to fully cooperate with an inspection, survey, or investigation by the 
35.23 	department;
35.24 	(10) destroys or makes unavailable any records or other evidence relating to the assisted 
35.25 	living facility's compliance with this chapter;
35.26 	(11) refuses to initiate a background study under section 144.057 or 245A.04;
35.27 	(12) fails to timely pay any fines assessed by the commissioner;
35.28 	(13) violates any local, city, or township ordinance relating to housing or assisted living 
35.29 	services;
35.30 	(14) has repeated incidents of personnel performing services beyond their competency 
35.31 	level; or
36.1 	(15) has operated beyond the scope of the assisted living facility's license category.
36.2 	(b) A violation by a contractor providing the assisted living services of the facility is a 
36.3 	violation by the facility.

36.4 	EFFECTIVE DATE. This section is effective August 1, 2022.

36.5 	Sec. 26. Minnesota Statutes 2020, section 144G.20, subdivision 4, is amended to read:
36.6 		Subd. 4.Mandatory revocation. Notwithstanding the provisions of subdivision 13, 
36.7 	paragraph (a), the commissioner must revoke a license if a controlling individual of the 
36.8 	facility is convicted of a felony or gross misdemeanor that relates to operation of the facility 
36.9 	or directly affects resident safety or care. The commissioner shall notify the facility and the 
36.10 	Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health 
36.11 	and Developmental Disabilities 30 calendar days in advance of the date of revocation.

36.12 	EFFECTIVE DATE. This section is effective August 1, 2022.

36.13 	Sec. 27. Minnesota Statutes 2020, section 144G.20, subdivision 5, is amended to read:
36.14 		Subd. 5.Owners and managerial officials; refusal to grant license. (a) The owners 
36.15 	and managerial officials of a facility whose Minnesota license has not been renewed or 
36.16 	whose Minnesota license in this state or any other state has been revoked because of 
36.17 	noncompliance with applicable laws or rules shall not be eligible to apply for nor will be 
36.18 	granted an assisted living facility license under this chapter or a home care provider license 
36.19 	under chapter 144A, or be given status as an enrolled personal care assistance provider 
36.20 	agency or personal care assistant by the Department of Human Services under section 
36.21 	256B.0659, for five years following the effective date of the nonrenewal or revocation. If 
36.22 	the owners or managerial officials already have enrollment status, the Department of Human 
36.23 	Services shall terminate that enrollment.
36.24 	(b) The commissioner shall not issue a license to a facility for five years following the 
36.25 	effective date of license nonrenewal or revocation if the owners or managerial officials, 
36.26 	including any individual who was an owner or managerial official of another licensed 
36.27 	provider, had a Minnesota license in this state or any other state that was not renewed or 
36.28 	was revoked as described in paragraph (a).
36.29 	(c) Notwithstanding subdivision 1, the commissioner shall not renew, or shall suspend 
36.30 	or revoke, the license of a facility that includes any individual as an owner or managerial 
36.31 	official who was an owner or managerial official of a facility whose Minnesota license in 
37.1 	this state or any other state was not renewed or was revoked as described in paragraph (a) 
37.2 	for five years following the effective date of the nonrenewal or revocation.
37.3 	(d) The commissioner shall notify the facility 30 calendar days in advance of the date 
37.4 	of nonrenewal, suspension, or revocation of the license.

37.5 	EFFECTIVE DATE. This section is effective August 1, 2022.

37.6 	Sec. 28. Minnesota Statutes 2020, section 144G.20, subdivision 8, is amended to read:
37.7 		Subd. 8.Controlling individual restrictions. (a) The commissioner has discretion to 
37.8 	bar any controlling individual of a facility if the person was a controlling individual of any 
37.9 	other nursing home, home care provider licensed under chapter 144A, or given status as an 
37.10 	enrolled personal care assistance provider agency or personal care assistant by the Department 
37.11 	of Human Services under section 256B.0659, or assisted living facility in the previous 
37.12 	two-year period and:
37.13 	(1) during that period of time the nursing home, home care provider licensed under 
37.14 	chapter 144A, or given status as an enrolled personal care assistance provider agency or 
37.15 	personal care assistant by the Department of Human Services under section 256B.0659, or 
37.16 	assisted living facility incurred the following number of uncorrected or repeated violations:
37.17 	(i) two or more repeated violations that created an imminent risk to direct resident care 
37.18 	or safety; or
37.19 	(ii) four or more uncorrected violations that created an imminent risk to direct resident 
37.20 	care or safety; or
37.21 	(2) during that period of time, was convicted of a felony or gross misdemeanor that 
37.22 	related to the operation of the nursing home, home care provider licensed under chapter 
37.23 	144A, or given status as an enrolled personal care assistance provider agency or personal 
37.24 	care assistant by the Department of Human Services under section 256B.0659, or assisted 
37.25 	living facility, or directly affected resident safety or care.
37.26 	(b) When the commissioner bars a controlling individual under this subdivision, the 
37.27 	controlling individual may appeal the commissioner's decision under chapter 14.

37.28 	EFFECTIVE DATE. This section is effective August 1, 2022.

37.29 	Sec. 29. Minnesota Statutes 2020, section 144G.20, subdivision 9, is amended to read:
37.30 		Subd. 9.Exception to controlling individual restrictions. Subdivision 8 does not apply 
37.31 	to any controlling individual of the facility who had no legal authority to affect or change 
38.1 	decisions related to the operation of the nursing home or, assisted living facility, or home 
38.2 	care that incurred the uncorrected or repeated violations.

38.3 	EFFECTIVE DATE. This section is effective August 1, 2022.

38.4 	Sec. 30. Minnesota Statutes 2020, section 144G.20, subdivision 12, is amended to read:
38.5 		Subd. 12.Notice to residents. (a) Within five business days after proceedings are initiated 
38.6 	by the commissioner to revoke or suspend a facility's license, or a decision by the 
38.7 	commissioner not to renew a living facility's license, the controlling individual of the facility 
38.8 	or a designee must provide to the commissioner and, the ombudsman for long-term care, 
38.9 	and the Office of Ombudsman for Mental Health and Developmental Disabilities the names 
38.10 	of residents and the names and addresses of the residents' designated representatives and 
38.11 	legal representatives, and family or other contacts listed in the assisted living contract.
38.12 	(b) The controlling individual or designees of the facility must provide updated 
38.13 	information each month until the proceeding is concluded. If the controlling individual or 
38.14 	designee of the facility fails to provide the information within this time, the facility is subject 
38.15 	to the issuance of:
38.16 	(1) a correction order; and
38.17 	(2) a penalty assessment by the commissioner in rule.
38.18 	(c) Notwithstanding subdivisions 21 and 22, any correction order issued under this 
38.19 	subdivision must require that the facility immediately comply with the request for information 
38.20 	and that, as of the date of the issuance of the correction order, the facility shall forfeit to the 
38.21 	state a $500 fine the first day of noncompliance and an increase in the $500 fine by $100 
38.22 	increments for each day the noncompliance continues.
38.23 	(d) Information provided under this subdivision may be used by the commissioner or,
38.24 	the ombudsman for long-term care, or the Office of Ombudsman for Mental Health and 
38.25 	Developmental Disabilities only for the purpose of providing affected consumers information 
38.26 	about the status of the proceedings.
38.27 	(e) Within ten business days after the commissioner initiates proceedings to revoke, 
38.28 	suspend, or not renew a facility license, the commissioner must send a written notice of the 
38.29 	action and the process involved to each resident of the facility, legal representatives and 
38.30 	designated representatives, and at the commissioner's discretion, additional resident contacts.
39.1 	(f) The commissioner shall provide the ombudsman for long-term care and the Office 
39.2 	of Ombudsman for Mental Health and Developmental Disabilities with monthly information 
39.3 	on the department's actions and the status of the proceedings.

39.4 	EFFECTIVE DATE. This section is effective August 1, 2022.

39.5 	Sec. 31. Minnesota Statutes 2020, section 144G.20, subdivision 15, is amended to read:
39.6 		Subd. 15.Plan required. (a) The process of suspending, revoking, or refusing to renew 
39.7 	a license must include a plan for transferring affected residents' cares to other providers by 
39.8 	the facility. The commissioner shall monitor the transfer plan. Within three calendar days 
39.9 	of being notified of the final revocation, refusal to renew, or suspension, the licensee shall 
39.10 	provide the commissioner, the lead agencies as defined in section 256B.0911, county adult 
39.11 	protection and case managers, and the ombudsman for long-term care, and the Office of 
39.12 	Ombudsman for Mental Health and Developmental Disabilities with the following 
39.13 	information:
39.14 	(1) a list of all residents, including full names and all contact information on file;
39.15 	(2) a list of the resident's legal representatives and designated representatives and family 
39.16 	or other contacts listed in the assisted living contract, including full names and all contact 
39.17 	information on file;
39.18 	(3) the location or current residence of each resident;
39.19 	(4) the payor payer sources for each resident, including payor payer source identification 
39.20 	numbers; and
39.21 	(5) for each resident, a copy of the resident's service plan and a list of the types of services 
39.22 	being provided.
39.23 	(b) The revocation, refusal to renew, or suspension notification requirement is satisfied 
39.24 	by mailing the notice to the address in the license record. The licensee shall cooperate with 
39.25 	the commissioner and the lead agencies, county adult protection and case managers, and
39.26 	the ombudsman for long-term care, and the Office of Ombudsman for Mental Health and 
39.27 	Developmental Disabilities during the process of transferring care of residents to qualified 
39.28 	providers. Within three calendar days of being notified of the final revocation, refusal to 
39.29 	renew, or suspension action, the facility must notify and disclose to each of the residents, 
39.30 	or the resident's legal and designated representatives or emergency contact persons, that the 
39.31 	commissioner is taking action against the facility's license by providing a copy of the 
39.32 	revocation, refusal to renew, or suspension notice issued by the commissioner. If the facility 
39.33 	does not comply with the disclosure requirements in this section, the commissioner shall 
40.1 	notify the residents, legal and designated representatives, or emergency contact persons 
40.2 	about the actions being taken. Lead agencies, county adult protection and case managers, 
40.3 	and the Office of Ombudsman for Long-Term Care may also provide this information. The 
40.4 	revocation, refusal to renew, or suspension notice is public data except for any private data 
40.5 	contained therein.
40.6 	(c) A facility subject to this subdivision may continue operating while residents are being 
40.7 	transferred to other service providers.

40.8 	EFFECTIVE DATE. This section is effective August 1, 2022.

40.9 	Sec. 32. Minnesota Statutes 2020, section 144G.30, subdivision 5, is amended to read:
40.10 		Subd. 5.Correction orders. (a) A correction order may be issued whenever the 
40.11 	commissioner finds upon survey or during a complaint investigation that a facility, a 
40.12 	managerial official, an agent of the facility, or an employee of the facility is not in compliance 
40.13 	with this chapter. The correction order shall cite the specific statute and document areas of 
40.14 	noncompliance and the time allowed for correction.
40.15 	(b) The commissioner shall mail or e-mail copies of any correction order to the facility 
40.16 	within 30 calendar days after the survey exit date. A copy of each correction order and 
40.17 	copies of any documentation supplied to the commissioner shall be kept on file by the 
40.18 	facility and public documents shall be made available for viewing by any person upon 
40.19 	request. Copies may be kept electronically.
40.20 	(c) By the correction order date, the facility must document in the facility's records any 
40.21 	action taken to comply with the correction order. The commissioner may request a copy of 
40.22 	this documentation and the facility's action to respond to the correction order in future 
40.23 	surveys, upon a complaint investigation, and as otherwise needed.

40.24 	EFFECTIVE DATE. This section is effective August 1, 2022.

40.25 	Sec. 33. Minnesota Statutes 2020, section 144G.31, subdivision 4, is amended to read:
40.26 		Subd. 4.Fine amounts. (a) Fines and enforcement actions under this subdivision may 
40.27 	be assessed based on the level and scope of the violations described in subdivisions 2 and 
40.28 	3 as follows and may be imposed immediately with no opportunity to correct the violation 
40.29 	prior to imposition:
40.30 	(1) Level 1, no fines or enforcement;
41.1 	(2) Level 2, a fine of $500 per violation, in addition to any enforcement mechanism 
41.2 	authorized in section 144G.20 for widespread violations;
41.3 	(3) Level 3, a fine of $3,000 per violation per incident, in addition to any enforcement 
41.4 	mechanism authorized in section 144G.20;
41.5 	(4) Level 4, a fine of $5,000 per incident violation, in addition to any enforcement 
41.6 	mechanism authorized in section 144G.20; and
41.7 	(5) for maltreatment violations for which the licensee was determined to be responsible 
41.8 	for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000 
41.9 	per incident. A fine of $5,000 per incident may be imposed if the commissioner determines 
41.10 	the licensee is responsible for maltreatment consisting of sexual assault, death, or abuse 
41.11 	resulting in serious injury.
41.12 	(b) When a fine is assessed against a facility for substantiated maltreatment, the 
41.13 	commissioner shall not also impose an immediate fine under this chapter for the same 
41.14 	circumstance.

41.15 	EFFECTIVE DATE. This section is effective August 1, 2022.

41.16 	Sec. 34. Minnesota Statutes 2020, section 144G.31, subdivision 8, is amended to read:
41.17 		Subd. 8.Deposit of fines. Fines collected under this section shall be deposited in a 
41.18 	dedicated special revenue account. On an annual basis, the balance in the special revenue 
41.19 	account shall be appropriated to the commissioner for special projects to improve home 
41.20 	care resident quality of care and outcomes in assisted living facilities licensed under this 
41.21 	chapter in Minnesota as recommended by the advisory council established in section 
41.22 	144A.4799.

41.23 	EFFECTIVE DATE. This section is effective retroactively for fines collected on or 
41.24 	after August 1, 2021.

41.25 	Sec. 35. Minnesota Statutes 2020, section 144G.41, subdivision 7, is amended to read:
41.26 		Subd. 7.Resident grievances; reporting maltreatment. All facilities must post in a 
41.27 	conspicuous place information about the facilities' grievance procedure, and the name, 
41.28 	telephone number, and e-mail contact information for the individuals who are responsible 
41.29 	for handling resident grievances. The notice must also have the contact information for the 
41.30 	state and applicable regional Office of Ombudsman for Long-Term Care and the Office of 
41.31 	Ombudsman for Mental Health and Developmental Disabilities, and must have information 
41.32 	for reporting suspected maltreatment to the Minnesota Adult Abuse Reporting Center. The 
42.1 	notice must also state that if an individual has a complaint about the facility or person 
42.2 	providing services, the individual may contact the Office of Health Facility Complaints at 
42.3 	the Minnesota Department of Health.

42.4 	EFFECTIVE DATE. This section is effective August 1, 2022.

42.5 	Sec. 36. Minnesota Statutes 2020, section 144G.41, subdivision 8, is amended to read:
42.6 		Subd. 8.Protecting resident rights. All facilities shall ensure that every resident has 
42.7 	access to consumer advocacy or legal services by:
42.8 	(1) providing names and contact information, including telephone numbers and e-mail 
42.9 	addresses of at least three organizations that provide advocacy or legal services to residents, 
42.10 	one of which must include the designated protection and advocacy organization in Minnesota 
42.11 	that provides advice and representation to individuals with disabilities;
42.12 	(2) providing the name and contact information for the Minnesota Office of Ombudsman 
42.13 	for Long-Term Care and the Office of Ombudsman for Mental Health and Developmental 
42.14 	Disabilities, including both the state and regional contact information;
42.15 	(3) assisting residents in obtaining information on whether Medicare or medical assistance 
42.16 	under chapter 256B will pay for services;
42.17 	(4) making reasonable accommodations for people who have communication disabilities 
42.18 	and those who speak a language other than English; and
42.19 	(5) providing all information and notices in plain language and in terms the residents 
42.20 	can understand.

42.21 	EFFECTIVE DATE. This section is effective August 1, 2022.

42.22 	Sec. 37. Minnesota Statutes 2020, section 144G.42, subdivision 10, is amended to read:
42.23 		Subd. 10.Disaster planning and emergency preparedness plan. (a) The facility must 
42.24 	meet the following requirements:
42.25 	(1) have a written emergency disaster plan that contains a plan for evacuation, addresses 
42.26 	elements of sheltering in place, identifies temporary relocation sites, and details staff 
42.27 	assignments in the event of a disaster or an emergency;
42.28 	(2) post an emergency disaster plan prominently;
42.29 	(3) provide building emergency exit diagrams to all residents;
42.30 	(4) post emergency exit diagrams on each floor; and
43.1 	(5) have a written policy and procedure regarding missing tenant residents.
43.2 	(b) The facility must provide emergency and disaster training to all staff during the initial 
43.3 	staff orientation and annually thereafter and must make emergency and disaster training 
43.4 	annually available to all residents. Staff who have not received emergency and disaster 
43.5 	training are allowed to work only when trained staff are also working on site.
43.6 	(c) The facility must meet any additional requirements adopted in rule.

43.7 	EFFECTIVE DATE. This section is effective August 1, 2022.

43.8 	Sec. 38. Minnesota Statutes 2020, section 144G.45, subdivision 7, is amended to read:
43.9 		Subd. 7.Variance or waiver. (a) A facility may request that the commissioner grant a 
43.10 	variance or waiver from the provisions of this section or section 144G.81, subdivision 5. A 
43.11 	request for a waiver must be submitted to the commissioner in writing. Each request must 
43.12 	contain:
43.13 	(1) the specific requirement for which the variance or waiver is requested;
43.14 	(2) the reasons for the request;
43.15 	(3) the alternative measures that will be taken if a variance or waiver is granted;
43.16 	(4) the length of time for which the variance or waiver is requested; and
43.17 	(5) other relevant information deemed necessary by the commissioner to properly evaluate 
43.18 	the request for the waiver.
43.19 	(b) The decision to grant or deny a variance or waiver must be based on the 
43.20 	commissioner's evaluation of the following criteria:
43.21 	(1) whether the waiver will adversely affect the health, treatment, comfort, safety, or 
43.22 	well-being of a resident;
43.23 	(2) whether the alternative measures to be taken, if any, are equivalent to or superior to 
43.24 	those permitted under section 144G.81, subdivision 5; and
43.25 	(3) whether compliance with the requirements would impose an undue burden on the 
43.26 	facility; and
43.27 	(4) notwithstanding clause (1), for construction existing as of August 1, 2021, the 
43.28 	commissioner's evaluation of a variance from the requirement to provide an option for a 
43.29 	bath under subdivision 4, paragraph (a), must be based on clauses (2) and (3) and whether 
43.30 	the variance will adversely affect the health, treatment, or safety of a resident.
44.1 	(c) The commissioner must notify the facility in writing of the decision. If a variance or 
44.2 	waiver is granted, the notification must specify the period of time for which the variance 
44.3 	or waiver is effective and the alternative measures or conditions, if any, to be met by the 
44.4 	facility.
44.5 	(d) Alternative measures or conditions attached to a variance or waiver have the force 
44.6 	and effect of this chapter and are subject to the issuance of correction orders and fines in 
44.7 	accordance with sections 144G.30, subdivision 7, and 144G.31. The amount of fines for a 
44.8 	violation of this subdivision is that specified for the specific requirement for which the 
44.9 	variance or waiver was requested.
44.10 	(e) A request for renewal of a variance or waiver must be submitted in writing at least 
44.11 	45 days before its expiration date. Renewal requests must contain the information specified 
44.12 	in paragraph (b). A variance or waiver must be renewed by the commissioner if the facility 
44.13 	continues to satisfy the criteria in paragraph (a) and demonstrates compliance with the 
44.14 	alternative measures or conditions imposed at the time the original variance or waiver was 
44.15 	granted.
44.16 	(f) The commissioner must deny, revoke, or refuse to renew a variance or waiver if it 
44.17 	is determined that the criteria in paragraph (a) are not met. The facility must be notified in 
44.18 	writing of the reasons for the decision and informed of the right to appeal the decision.
44.19 	(g) A facility may contest the denial, revocation, or refusal to renew a variance or waiver 
44.20 	by requesting a contested case hearing under chapter 14. The facility must submit, within 
44.21 	15 days of the receipt of the commissioner's decision, a written request for a hearing. The 
44.22 	request for hearing must set forth in detail the reasons why the facility contends the decision 
44.23 	of the commissioner should be reversed or modified. At the hearing, the facility has the 
44.24 	burden of proving by a preponderance of the evidence that the facility satisfied the criteria 
44.25 	specified in paragraph (b), except in a proceeding challenging the revocation of a variance 
44.26 	or waiver.

44.27 	EFFECTIVE DATE. This section is effective August 1, 2022.

44.28 	Sec. 39. Minnesota Statutes 2020, section 144G.50, subdivision 2, is amended to read:
44.29 		Subd. 2.Contract information. (a) The contract must include in a conspicuous place 
44.30 	and manner on the contract the legal name and the license number health facility identification
44.31 	of the facility.
44.32 	(b) The contract must include the name, telephone number, and physical mailing address, 
44.33 	which may not be a public or private post office box, of:
45.1 	(1) the facility and contracted service provider when applicable;
45.2 	(2) the licensee of the facility;
45.3 	(3) the managing agent of the facility, if applicable; and
45.4 	(4) the authorized agent for the facility.
45.5 	(c) The contract must include:
45.6 	(1) a disclosure of the category of assisted living facility license held by the facility and, 
45.7 	if the facility is not an assisted living facility with dementia care, a disclosure that it does 
45.8 	not hold an assisted living facility with dementia care license;
45.9 	(2) a description of all the terms and conditions of the contract, including a description 
45.10 	of and any limitations to the housing or assisted living services to be provided for the 
45.11 	contracted amount;
45.12 	(3) a delineation of the cost and nature of any other services to be provided for an 
45.13 	additional fee;
45.14 	(4) a delineation and description of any additional fees the resident may be required to 
45.15 	pay if the resident's condition changes during the term of the contract;
45.16 	(5) a delineation of the grounds under which the resident may be discharged, evicted, 
45.17 	or transferred or have housing or services terminated or be subject to an emergency 
45.18 	relocation;
45.19 	(6) billing and payment procedures and requirements; and
45.20 	(7) disclosure of the facility's ability to provide specialized diets.
45.21 	(d) The contract must include a description of the facility's complaint resolution process 
45.22 	available to residents, including the name and contact information of the person representing 
45.23 	the facility who is designated to handle and resolve complaints.
45.24 	(e) The contract must include a clear and conspicuous notice of:
45.25 	(1) the right under section 144G.54 to appeal the termination of an assisted living contract;
45.26 	(2) the facility's policy regarding transfer of residents within the facility, under what 
45.27 	circumstances a transfer may occur, and the circumstances under which resident consent is 
45.28 	required for a transfer;
45.29 	(3) contact information for the Office of Ombudsman for Long-Term Care, the 
45.30 	Ombudsman for Mental Health and Developmental Disabilities, and the Office of Health 
45.31 	Facility Complaints;
46.1 	(4) the resident's right to obtain services from an unaffiliated service provider;
46.2 	(5) a description of the facility's policies related to medical assistance waivers under 
46.3 	chapter 256S and section 256B.49 and the housing support program under chapter 256I, 
46.4 	including:
46.5 	(i) whether the facility is enrolled with the commissioner of human services to provide 
46.6 	customized living services under medical assistance waivers;
46.7 	(ii) whether the facility has an agreement to provide housing support under section 
46.8 	256I.04, subdivision 2, paragraph (b);
46.9 	(iii) whether there is a limit on the number of people residing at the facility who can 
46.10 	receive customized living services or participate in the housing support program at any 
46.11 	point in time. If so, the limit must be provided;
46.12 	(iv) whether the facility requires a resident to pay privately for a period of time prior to 
46.13 	accepting payment under medical assistance waivers or the housing support program, and 
46.14 	if so, the length of time that private payment is required;
46.15 	(v) a statement that medical assistance waivers provide payment for services, but do not 
46.16 	cover the cost of rent;
46.17 	(vi) a statement that residents may be eligible for assistance with rent through the housing 
46.18 	support program; and
46.19 	(vii) a description of the rent requirements for people who are eligible for medical 
46.20 	assistance waivers but who are not eligible for assistance through the housing support 
46.21 	program;
46.22 	(6) the contact information to obtain long-term care consulting services under section 
46.23 	256B.0911; and
46.24 	(7) the toll-free phone number for the Minnesota Adult Abuse Reporting Center.

46.25 	EFFECTIVE DATE. This section is effective August 1, 2022, and applies to assisted 
46.26 	living contracts executed on or after that date.

46.27 	Sec. 40. Minnesota Statutes 2020, section 144G.52, subdivision 2, is amended to read:
46.28 		Subd. 2.Prerequisite to termination of a contract. (a) Before issuing a notice of 
46.29 	termination of an assisted living contract, a facility must schedule and participate in a meeting 
46.30 	with the resident and the resident's legal representative and designated representative. The 
46.31 	purposes of the meeting are to:
47.1 	(1) explain in detail the reasons for the proposed termination; and
47.2 	(2) identify and offer reasonable accommodations or modifications, interventions, or 
47.3 	alternatives to avoid the termination or enable the resident to remain in the facility, including 
47.4 	but not limited to securing services from another provider of the resident's choosing that 
47.5 	may allow the resident to avoid the termination. A facility is not required to offer 
47.6 	accommodations, modifications, interventions, or alternatives that fundamentally alter the 
47.7 	nature of the operation of the facility.
47.8 	(b) The meeting must be scheduled to take place at least seven days before a notice of 
47.9 	termination is issued. The facility must make reasonable efforts to ensure that the resident, 
47.10 	legal representative, and designated representative are able to attend the meeting.
47.11 	(c) The facility must notify the resident that the resident may invite family members, 
47.12 	relevant health professionals, a representative of the Office of Ombudsman for Long-Term 
47.13 	Care, a representative of the Office of Ombudsman for Mental Health and Developmental 
47.14 	Disabilities, or other persons of the resident's choosing to participate in the meeting. For 
47.15 	residents who receive home and community-based waiver services under chapter 256S and 
47.16 	section 256B.49, the facility must notify the resident's case manager of the meeting.
47.17 	(d) In the event of an emergency relocation under subdivision 9, where the facility intends 
47.18 	to issue a notice of termination and an in-person meeting is impractical or impossible, the 
47.19 	facility may attempt to schedule and participate in a meeting under this subdivision via must 
47.20 	use telephone, video, or other electronic means to conduct and participate in the meeting 
47.21 	required under this subdivision and rules within Minnesota Rules, chapter 4659.

47.22 	EFFECTIVE DATE. This section is effective August 1, 2022.

47.23 	Sec. 41. Minnesota Statutes 2020, section 144G.52, subdivision 8, is amended to read:
47.24 		Subd. 8.Content of notice of termination. The notice required under subdivision 7 
47.25 	must contain, at a minimum:
47.26 	(1) the effective date of the termination of the assisted living contract;
47.27 	(2) a detailed explanation of the basis for the termination, including the clinical or other 
47.28 	supporting rationale;
47.29 	(3) a detailed explanation of the conditions under which a new or amended contract may 
47.30 	be executed;
48.1 	(4) a statement that the resident has the right to appeal the termination by requesting a 
48.2 	hearing, and information concerning the time frame within which the request must be 
48.3 	submitted and the contact information for the agency to which the request must be submitted;
48.4 	(5) a statement that the facility must participate in a coordinated move to another provider 
48.5 	or caregiver, as required under section 144G.55;
48.6 	(6) the name and contact information of the person employed by the facility with whom 
48.7 	the resident may discuss the notice of termination;
48.8 	(7) information on how to contact the Office of Ombudsman for Long-Term Care and 
48.9 	the Office of Ombudsman for Mental Health and Developmental Disabilities to request an 
48.10 	advocate to assist regarding the termination;
48.11 	(8) information on how to contact the Senior LinkAge Line under section 256.975, 
48.12 	subdivision 7, and an explanation that the Senior LinkAge Line may provide information 
48.13 	about other available housing or service options; and
48.14 	(9) if the termination is only for services, a statement that the resident may remain in 
48.15 	the facility and may secure any necessary services from another provider of the resident's 
48.16 	choosing.

48.17 	EFFECTIVE DATE. This section is effective August 1, 2022.

48.18 	Sec. 42. Minnesota Statutes 2020, section 144G.52, subdivision 9, is amended to read:
48.19 		Subd. 9.Emergency relocation. (a) A facility may remove a resident from the facility 
48.20 	in an emergency if necessary due to a resident's urgent medical needs or an imminent risk 
48.21 	the resident poses to the health or safety of another facility resident or facility staff member. 
48.22 	An emergency relocation is not a termination.
48.23 	(b) In the event of an emergency relocation, the facility must provide a written notice 
48.24 	that contains, at a minimum:
48.25 	(1) the reason for the relocation;
48.26 	(2) the name and contact information for the location to which the resident has been 
48.27 	relocated and any new service provider;
48.28 	(3) contact information for the Office of Ombudsman for Long-Term Care and the Office 
48.29 	of Ombudsman for Mental Health and Developmental Disabilities;
49.1 	(4) if known and applicable, the approximate date or range of dates within which the 
49.2 	resident is expected to return to the facility, or a statement that a return date is not currently 
49.3 	known; and
49.4 	(5) a statement that, if the facility refuses to provide housing or services after a relocation, 
49.5 	the resident has the right to appeal under section 144G.54. The facility must provide contact 
49.6 	information for the agency to which the resident may submit an appeal.
49.7 	(c) The notice required under paragraph (b) must be delivered as soon as practicable to:
49.8 	(1) the resident, legal representative, and designated representative;
49.9 	(2) for residents who receive home and community-based waiver services under chapter 
49.10 	256S and section 256B.49, the resident's case manager; and
49.11 	(3) the Office of Ombudsman for Long-Term Care if the resident has been relocated 
49.12 	and has not returned to the facility within four days.
49.13 	(d) Following an emergency relocation, a facility's refusal to provide housing or services 
49.14 	constitutes a termination and triggers the termination process in this section.

49.15 	EFFECTIVE DATE. This section is effective August 1, 2022.

49.16 	Sec. 43. Minnesota Statutes 2020, section 144G.53, is amended to read:
49.17 	144G.53 NONRENEWAL OF HOUSING.
49.18 	(a) If a facility decides to not renew a resident's housing under a contract, the facility 
49.19 	must either (1) provide the resident with 60 calendar days' notice of the nonrenewal and 
49.20 	assistance with relocation planning, or (2) follow the termination procedure under section 
49.21 	144G.52.
49.22 	(b) The notice must include the reason for the nonrenewal and contact information of 
49.23 	the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental 
49.24 	Health and Developmental Disabilities.
49.25 	(c) A facility must:
49.26 	(1) provide notice of the nonrenewal to the Office of Ombudsman for Long-Term Care;
49.27 	(2) for residents who receive home and community-based waiver services under chapter 
49.28 	256S and section 256B.49, provide notice to the resident's case manager;
49.29 	(3) ensure a coordinated move to a safe location, as defined in section 144G.55, 
49.30 	subdivision 2, that is appropriate for the resident;
50.1 	(4) ensure a coordinated move to an appropriate service provider identified by the facility, 
50.2 	if services are still needed and desired by the resident;
50.3 	(5) consult and cooperate with the resident, legal representative, designated representative, 
50.4 	case manager for a resident who receives home and community-based waiver services under 
50.5 	chapter 256S and section 256B.49, relevant health professionals, and any other persons of 
50.6 	the resident's choosing to make arrangements to move the resident, including consideration 
50.7 	of the resident's goals; and
50.8 	(6) prepare a written plan to prepare for the move.
50.9 	(d) A resident may decline to move to the location the facility identifies or to accept 
50.10 	services from a service provider the facility identifies, and may instead choose to move to 
50.11 	a location of the resident's choosing or receive services from a service provider of the 
50.12 	resident's choosing within the timeline prescribed in the nonrenewal notice.

50.13 	EFFECTIVE DATE. This section is effective August 1, 2022.

50.14 	Sec. 44. Minnesota Statutes 2020, section 144G.55, subdivision 1, is amended to read:
50.15 		Subdivision 1.Duties of facility. (a) If a facility terminates an assisted living contract, 
50.16 	reduces services to the extent that a resident needs to move or obtain a new service provider 
50.17 	or the facility has its license restricted under section 144G.20, or the facility conducts a 
50.18 	planned closure under section 144G.57, the facility:
50.19 	(1) must ensure, subject to paragraph (c), a coordinated move to a safe location that is 
50.20 	appropriate for the resident and that is identified by the facility prior to any hearing under 
50.21 	section 144G.54;
50.22 	(2) must ensure a coordinated move of the resident to an appropriate service provider 
50.23 	identified by the facility prior to any hearing under section 144G.54, provided services are 
50.24 	still needed and desired by the resident; and
50.25 	(3) must consult and cooperate with the resident, legal representative, designated 
50.26 	representative, case manager for a resident who receives home and community-based waiver 
50.27 	services under chapter 256S and section 256B.49, relevant health professionals, and any 
50.28 	other persons of the resident's choosing to make arrangements to move the resident, including 
50.29 	consideration of the resident's goals.
50.30 	(b) A facility may satisfy the requirements of paragraph (a), clauses (1) and (2), by 
50.31 	moving the resident to a different location within the same facility, if appropriate for the 
50.32 	resident.
51.1 	(c) A resident may decline to move to the location the facility identifies or to accept 
51.2 	services from a service provider the facility identifies, and may choose instead to move to 
51.3 	a location of the resident's choosing or receive services from a service provider of the 
51.4 	resident's choosing within the timeline prescribed in the termination notice.
51.5 	(d) Sixty days before the facility plans to reduce or eliminate one or more services for 
51.6 	a particular resident, the facility must provide written notice of the reduction that includes:
51.7 	(1) a detailed explanation of the reasons for the reduction and the date of the reduction;
51.8 	(2) the contact information for the Office of Ombudsman for Long-Term Care, the Office 
51.9 	of Ombudsman for Mental Health and Developmental Disabilities, and the name and contact 
51.10 	information of the person employed by the facility with whom the resident may discuss the 
51.11 	reduction of services;
51.12 	(3) a statement that if the services being reduced are still needed by the resident, the 
51.13 	resident may remain in the facility and seek services from another provider; and
51.14 	(4) a statement that if the reduction makes the resident need to move, the facility must 
51.15 	participate in a coordinated move of the resident to another provider or caregiver, as required 
51.16 	under this section.
51.17 	(e) In the event of an unanticipated reduction in services caused by extraordinary 
51.18 	circumstances, the facility must provide the notice required under paragraph (d) as soon as 
51.19 	possible.
51.20 	(f) If the facility, a resident, a legal representative, or a designated representative 
51.21 	determines that a reduction in services will make a resident need to move to a new location, 
51.22 	the facility must ensure a coordinated move in accordance with this section, and must provide 
51.23 	notice to the Office of Ombudsman for Long-Term Care.
51.24 	(g) Nothing in this section affects a resident's right to remain in the facility and seek 
51.25 	services from another provider.

51.26 	EFFECTIVE DATE. This section is effective August 1, 2022.

51.27 	Sec. 45. Minnesota Statutes 2020, section 144G.55, subdivision 3, is amended to read:
51.28 		Subd. 3.Relocation plan required. The facility must prepare a relocation plan to prepare 
51.29 	for the move to the a new safe location or appropriate service provider, as required by this 
51.30 	section.

51.31 	EFFECTIVE DATE. This section is effective August 1, 2022.

52.1 	Sec. 46. Minnesota Statutes 2020, section 144G.56, subdivision 3, is amended to read:
52.2 		Subd. 3.Notice required. (a) A facility must provide at least 30 calendar days' advance 
52.3 	written notice to the resident and the resident's legal and designated representative of a 
52.4 	facility-initiated transfer. The notice must include:
52.5 	(1) the effective date of the proposed transfer;
52.6 	(2) the proposed transfer location;
52.7 	(3) a statement that the resident may refuse the proposed transfer, and may discuss any 
52.8 	consequences of a refusal with staff of the facility;
52.9 	(4) the name and contact information of a person employed by the facility with whom 
52.10 	the resident may discuss the notice of transfer; and
52.11 	(5) contact information for the Office of Ombudsman for Long-Term Care and the Office 
52.12 	of Ombudsman for Mental Health and Developmental Disabilities.
52.13 	(b) Notwithstanding paragraph (a), a facility may conduct a facility-initiated transfer of 
52.14 	a resident with less than 30 days' written notice if the transfer is necessary due to:
52.15 	(1) conditions that render the resident's room or private living unit uninhabitable;
52.16 	(2) the resident's urgent medical needs; or
52.17 	(3) a risk to the health or safety of another resident of the facility.

52.18 	EFFECTIVE DATE. This section is effective August 1, 2022.

52.19 	Sec. 47. Minnesota Statutes 2020, section 144G.56, subdivision 5, is amended to read:
52.20 		Subd. 5.Changes in facility operations. (a) In situations where there is a curtailment, 
52.21 	reduction, or capital improvement within a facility necessitating transfers, the facility must:
52.22 	(1) minimize the number of transfers it initiates to complete the project or change in 
52.23 	operations;
52.24 	(2) consider individual resident needs and preferences;
52.25 	(3) provide reasonable accommodations for individual resident requests regarding the 
52.26 	transfers; and
52.27 	(4) in advance of any notice to any residents, legal representatives, or designated 
52.28 	representatives, provide notice to the Office of Ombudsman for Long-Term Care and, when 
52.29 	appropriate, the Office of Ombudsman for Mental Health and Developmental Disabilities 
52.30 	of the curtailment, reduction, or capital improvement and the corresponding needed transfers.

53.1 	EFFECTIVE DATE. This section is effective August 1, 2022.

53.2 	Sec. 48. Minnesota Statutes 2020, section 144G.57, subdivision 1, is amended to read:
53.3 		Subdivision 1.Closure plan required. In the event that an assisted living facility elects 
53.4 	to voluntarily close the facility, the facility must notify the commissioner and, the Office 
53.5 	of Ombudsman for Long-Term Care, and the Office of Ombudsman for Mental Health and 
53.6 	Developmental Disabilities in writing by submitting a proposed closure plan.

53.7 	EFFECTIVE DATE. This section is effective August 1, 2022.

53.8 	Sec. 49. Minnesota Statutes 2020, section 144G.57, subdivision 3, is amended to read:
53.9 		Subd. 3.Commissioner's approval required prior to implementation. (a) The plan 
53.10 	shall be subject to the commissioner's approval and subdivision 6. The facility shall take 
53.11 	no action to close the residence prior to the commissioner's approval of the plan. The 
53.12 	commissioner shall approve or otherwise respond to the plan as soon as practicable.
53.13 	(b) The commissioner may require the facility to work with a transitional team comprised 
53.14 	of department staff, staff of the Office of Ombudsman for Long-Term Care, the Office of 
53.15 	Ombudsman for Mental Health and Developmental Disabilities, and other professionals the 
53.16 	commissioner deems necessary to assist in the proper relocation of residents.

53.17 	EFFECTIVE DATE. This section is effective August 1, 2022.

53.18 	Sec. 50. Minnesota Statutes 2020, section 144G.57, subdivision 5, is amended to read:
53.19 		Subd. 5.Notice to residents. After the commissioner has approved the relocation plan 
53.20 	and at least 60 calendar days before closing, except as provided under subdivision 6, the 
53.21 	facility must notify residents, designated representatives, and legal representatives of the 
53.22 	closure, the proposed date of closure, the contact information of the ombudsman for long-term 
53.23 	care and the ombudsman for mental health and developmental disabilities, and that the 
53.24 	facility will follow the termination planning requirements under section 144G.55, and final 
53.25 	accounting and return requirements under section 144G.42, subdivision 5. For residents 
53.26 	who receive home and community-based waiver services under chapter 256S and section 
53.27 	256B.49, the facility must also provide this information to the resident's case manager.

53.28 	EFFECTIVE DATE. This section is effective August 1, 2022.

54.1 	Sec. 51. Minnesota Statutes 2020, section 144G.70, subdivision 2, is amended to read:
54.2 		Subd. 2.Initial reviews, assessments, and monitoring. (a) Residents who are not 
54.3 	receiving any assisted living services shall not be required to undergo an initial nursing 
54.4 	assessment.
54.5 	(b) An assisted living facility shall conduct a nursing assessment by a registered nurse 
54.6 	of the physical and cognitive needs of the prospective resident and propose a temporary 
54.7 	service plan prior to the date on which a prospective resident executes a contract with a 
54.8 	facility or the date on which a prospective resident moves in, whichever is earlier. If 
54.9 	necessitated by either the geographic distance between the prospective resident and the 
54.10 	facility, or urgent or unexpected circumstances, the assessment may be conducted using 
54.11 	telecommunication methods based on practice standards that meet the resident's needs and 
54.12 	reflect person-centered planning and care delivery.
54.13 	(c) Resident reassessment and monitoring must be conducted no more than 14 calendar 
54.14 	days after initiation of services. Ongoing resident reassessment and monitoring must be 
54.15 	conducted as needed based on changes in the needs of the resident and cannot exceed 90 
54.16 	calendar days from the last date of the assessment.
54.17 	(d) For residents only receiving assisted living services specified in section 144G.08, 
54.18 	subdivision 9, clauses (1) to (5), the facility shall complete an individualized initial review 
54.19 	of the resident's needs and preferences. The initial review must be completed within 30 
54.20 	calendar days of the start of services. Resident monitoring and review must be conducted 
54.21 	as needed based on changes in the needs of the resident and cannot exceed 90 calendar days 
54.22 	from the date of the last review.
54.23 	(e) A facility must inform the prospective resident of the availability of and contact 
54.24 	information for long-term care consultation services under section 256B.0911, prior to the 
54.25 	date on which a prospective resident executes a contract with a facility or the date on which 
54.26 	a prospective resident moves in, whichever is earlier.

54.27 	EFFECTIVE DATE. This section is effective August 1, 2022.

54.28 	Sec. 52. Minnesota Statutes 2020, section 144G.70, subdivision 4, is amended to read:
54.29 		Subd. 4.Service plan, implementation, and revisions to service plan. (a) No later 
54.30 	than 14 calendar days after the date that services are first provided, an assisted living facility 
54.31 	shall finalize a current written service plan.
54.32 	(b) The service plan and any revisions must include a signature or other authentication 
54.33 	by the facility and by the resident documenting agreement on the services to be provided. 
55.1 	The service plan must be revised, if needed, based on resident reassessment under subdivision 
55.2 	2. The facility must provide information to the resident about changes to the facility's fee 
55.3 	for services and how to contact the Office of Ombudsman for Long-Term Care and the 
55.4 	Office of Ombudsman for Mental Health and Developmental Disabilities.
55.5 	(c) The facility must implement and provide all services required by the current service 
55.6 	plan.
55.7 	(d) The service plan and the revised service plan must be entered into the resident record, 
55.8 	including notice of a change in a resident's fees when applicable.
55.9 	(e) Staff providing services must be informed of the current written service plan.
55.10 	(f) The service plan must include:
55.11 	(1) a description of the services to be provided, the fees for services, and the frequency 
55.12 	of each service, according to the resident's current assessment and resident preferences;
55.13 	(2) the identification of staff or categories of staff who will provide the services;
55.14 	(3) the schedule and methods of monitoring assessments of the resident;
55.15 	(4) the schedule and methods of monitoring staff providing services; and
55.16 	(5) a contingency plan that includes:
55.17 	(i) the action to be taken if the scheduled service cannot be provided;
55.18 	(ii) information and a method to contact the facility;
55.19 	(iii) the names and contact information of persons the resident wishes to have notified 
55.20 	in an emergency or if there is a significant adverse change in the resident's condition, 
55.21 	including identification of and information as to who has authority to sign for the resident 
55.22 	in an emergency; and
55.23 	(iv) the circumstances in which emergency medical services are not to be summoned 
55.24 	consistent with chapters 145B and 145C, and declarations made by the resident under those 
55.25 	chapters.

55.26 	EFFECTIVE DATE. This section is effective August 1, 2022.

55.27 	Sec. 53. Minnesota Statutes 2020, section 144G.80, subdivision 2, is amended to read:
55.28 		Subd. 2.Demonstrated capacity. (a) An applicant for licensure as an assisted living 
55.29 	facility with dementia care must have the ability to provide services in a manner that is 
56.1 	consistent with the requirements in this section. The commissioner shall consider the 
56.2 	following criteria, including, but not limited to:
56.3 	(1) the experience of the applicant in applicant's assisted living director, managerial 
56.4 	official, and clinical nurse supervisor managing residents with dementia or previous long-term 
56.5 	care experience; and
56.6 	(2) the compliance history of the applicant in the operation of any care facility licensed, 
56.7 	certified, or registered under federal or state law.
56.8 	(b) If the applicant does applicant's assisted living director and clinical nurse supervisor 
56.9 	do not have experience in managing residents with dementia, the applicant must employ a 
56.10 	consultant for at least the first six months of operation. The consultant must meet the 
56.11 	requirements in paragraph (a), clause (1), and make recommendations on providing dementia 
56.12 	care services consistent with the requirements of this chapter. The consultant must (1) have 
56.13 	two years of work experience related to dementia, health care, gerontology, or a related 
56.14 	field, and (2) have completed at least the minimum core training requirements in section 
56.15 	144G.64. The applicant must document an acceptable plan to address the consultant's 
56.16 	identified concerns and must either implement the recommendations or document in the 
56.17 	plan any consultant recommendations that the applicant chooses not to implement. The 
56.18 	commissioner must review the applicant's plan upon request.
56.19 	(c) The commissioner shall conduct an on-site inspection prior to the issuance of an 
56.20 	assisted living facility with dementia care license to ensure compliance with the physical 
56.21 	environment requirements.
56.22 	(d) The label "Assisted Living Facility with Dementia Care" must be identified on the 
56.23 	license.

56.24 	EFFECTIVE DATE. This section is effective August 1, 2022.

56.25 	Sec. 54. Minnesota Statutes 2020, section 144G.90, subdivision 1, is amended to read:
56.26 		Subdivision 1.Assisted living bill of rights; notification to resident. (a) An assisted 
56.27 	living facility must provide the resident a written notice of the rights under section 144G.91 
56.28 	before the initiation of services to that resident. The facility shall make all reasonable efforts 
56.29 	to provide notice of the rights to the resident in a language the resident can understand.
56.30 	(b) In addition to the text of the assisted living bill of rights in section 144G.91, the 
56.31 	notice shall also contain the following statement describing how to file a complaint or report 
56.32 	suspected abuse:
57.1 	"If you want to report suspected abuse, neglect, or financial exploitation, you may contact 
57.2 	the Minnesota Adult Abuse Reporting Center (MAARC). If you have a complaint about 
57.3 	the facility or person providing your services, you may contact the Office of Health Facility 
57.4 	Complaints, Minnesota Department of Health. If you would like to request advocacy services, 
57.5 	you may also contact the Office of Ombudsman for Long-Term Care or the Office of 
57.6 	Ombudsman for Mental Health and Developmental Disabilities."
57.7 	(c) The statement must include contact information for the Minnesota Adult Abuse 
57.8 	Reporting Center and the telephone number, website address, e-mail address, mailing 
57.9 	address, and street address of the Office of Health Facility Complaints at the Minnesota 
57.10 	Department of Health, the Office of Ombudsman for Long-Term Care, and the Office of 
57.11 	Ombudsman for Mental Health and Developmental Disabilities. The statement must include 
57.12 	the facility's name, address, e-mail, telephone number, and name or title of the person at 
57.13 	the facility to whom problems or complaints may be directed. It must also include a statement 
57.14 	that the facility will not retaliate because of a complaint.
57.15 	(d) A facility must obtain written acknowledgment from the resident of the resident's 
57.16 	receipt of the assisted living bill of rights or shall document why an acknowledgment cannot 
57.17 	be obtained. Acknowledgment of receipt shall be retained in the resident's record.

57.18 	EFFECTIVE DATE. This section is effective August 1, 2022.

57.19 	Sec. 55. Minnesota Statutes 2020, section 144G.90, is amended by adding a subdivision 
57.20 	to read:
57.21 		Subd. 6.Notice to residents. For any notice to a resident, legal representative, or 
57.22 	designated representative provided under this chapter or under Minnesota Rules, chapter 
57.23 	4659, that is required to include information regarding the Office of Ombudsman for 
57.24 	Long-Term Care and the Office of Ombudsman for Mental Health and Developmental 
57.25 	Disabilities, the notice must contain the following language: "You may contact the 
57.26 	Ombudsman for Long-Term Care for questions about your rights as an assisted living facility 
57.27 	resident and to request advocacy services. As an assisted living facility resident, you may 
57.28 	contact the Ombudsman for Mental Health and Developmental Disabilities to request 
57.29 	advocacy regarding your rights, concerns, or questions on issues relating to services for 
57.30 	mental health, developmental disabilities, or chemical dependency."

57.31 	EFFECTIVE DATE. This section is effective August 1, 2022.

58.1 	Sec. 56. Minnesota Statutes 2020, section 144G.91, subdivision 13, is amended to read:
58.2 		Subd. 13.Personal and treatment privacy. (a) Residents have the right to consideration 
58.3 	of their privacy, individuality, and cultural identity as related to their social, religious, and 
58.4 	psychological well-being. Staff must respect the privacy of a resident's space by knocking 
58.5 	on the door and seeking consent before entering, except in an emergency or where clearly 
58.6 	inadvisable or unless otherwise documented in the resident's service plan.
58.7 	(b) Residents have the right to have and use a lockable door to the resident's unit. The 
58.8 	facility shall provide locks on the resident's unit. Only a staff member with a specific need 
58.9 	to enter the unit shall have keys. This right may be restricted in certain circumstances if 
58.10 	necessary for a resident's health and safety and documented in the resident's service plan.
58.11 	(c) Residents have the right to respect and privacy regarding the resident's service plan. 
58.12 	Case discussion, consultation, examination, and treatment are confidential and must be 
58.13 	conducted discreetly. Privacy must be respected during toileting, bathing, and other activities 
58.14 	of personal hygiene, except as needed for resident safety or assistance.

58.15 	EFFECTIVE DATE. This section is effective August 1, 2022.

58.16 	Sec. 57. Minnesota Statutes 2020, section 144G.91, subdivision 21, is amended to read:
58.17 		Subd. 21.Access to counsel and advocacy services. Residents have the right to the 
58.18 	immediate access by:
58.19 	(1) the resident's legal counsel;
58.20 	(2) any representative of the protection and advocacy system designated by the state 
58.21 	under Code of Federal Regulations, title 45, section 1326.21; or
58.22 	(3) any representative of the Office of Ombudsman for Long-Term Care or the Office 
58.23 	of Ombudsman for Mental Health and Developmental Disabilities.

58.24 	EFFECTIVE DATE. This section is effective August 1, 2022.

58.25 	Sec. 58. Minnesota Statutes 2020, section 144G.92, subdivision 1, is amended to read:
58.26 		Subdivision 1.Retaliation prohibited. A facility or agent of a facility may not retaliate 
58.27 	against a resident or employee if the resident, employee, or any person acting on behalf of 
58.28 	the resident:
58.29 	(1) files a good faith complaint or grievance, makes a good faith inquiry, or asserts any 
58.30 	right;
59.1 	(2) indicates a good faith intention to file a complaint or grievance, make an inquiry, or 
59.2 	assert any right;
59.3 	(3) files, in good faith, or indicates an intention to file a maltreatment report, whether 
59.4 	mandatory or voluntary, under section 626.557;
59.5 	(4) seeks assistance from or reports a reasonable suspicion of a crime or systemic 
59.6 	problems or concerns to the director or manager of the facility, the Office of Ombudsman 
59.7 	for Long-Term Care, the Office of Ombudsman for Mental Health and Developmental 
59.8 	Disabilities, a regulatory or other government agency, or a legal or advocacy organization;
59.9 	(5) advocates or seeks advocacy assistance for necessary or improved care or services 
59.10 	or enforcement of rights under this section or other law;
59.11 	(6) takes or indicates an intention to take civil action;
59.12 	(7) participates or indicates an intention to participate in any investigation or 
59.13 	administrative or judicial proceeding;
59.14 	(8) contracts or indicates an intention to contract to receive services from a service 
59.15 	provider of the resident's choice other than the facility; or
59.16 	(9) places or indicates an intention to place a camera or electronic monitoring device in 
59.17 	the resident's private space as provided under section 144.6502.

59.18 	EFFECTIVE DATE. This section is effective August 1, 2022.

59.19 	Sec. 59. Minnesota Statutes 2020, section 144G.93, is amended to read:
59.20 	144G.93 CONSUMER ADVOCACY AND LEGAL SERVICES.
59.21 	Upon execution of an assisted living contract, every facility must provide the resident 
59.22 	with the names and contact information, including telephone numbers and e-mail addresses, 
59.23 	of:
59.24 	(1) nonprofit organizations that provide advocacy or legal services to residents including 
59.25 	but not limited to the designated protection and advocacy organization in Minnesota that 
59.26 	provides advice and representation to individuals with disabilities; and
59.27 	(2) the Office of Ombudsman for Long-Term Care, including both the state and regional 
59.28 	contact information and the Office of Ombudsman for Mental Health and Developmental 
59.29 	Disabilities.

59.30 	EFFECTIVE DATE. This section is effective August 1, 2022.

60.1 	Sec. 60. Minnesota Statutes 2020, section 144G.95, is amended to read:
60.2 	144G.95 OFFICE OF OMBUDSMAN FOR LONG-TERM CARE AND OFFICE 
60.3 	OF OMBUDSMAN FOR MENTAL HEALTH AND DEVELOPMENTAL 
60.4 	DISABILITIES.
60.5 		Subdivision 1.Immunity from liability. (a) The Office of Ombudsman for Long-Term 
60.6 	Care and representatives of the office are immune from liability for conduct described in 
60.7 	section 256.9742, subdivision 2.
60.8 	(b) The Office of Ombudsman for Mental Health and Developmental Disabilities and 
60.9 	representatives of the office are immune from liability for conduct described in section 
60.10 	245.96.
60.11 		Subd. 2.Data classification. (a) All forms and notices received by the Office of 
60.12 	Ombudsman for Long-Term Care under this chapter are classified under section 256.9744.
60.13 	(b) All data collected or received by the Office of Ombudsman for Mental Health and 
60.14 	Developmental Disabilities are classified under section 245.94.

60.15 	EFFECTIVE DATE. This section is effective August 1, 2022.

60.16 	Sec. 61. [145.267] FETAL ALCOHOL SPECTRUM DISORDERS PREVENTION 
60.17 	GRANTS.
60.18 	(a) The commissioner of health shall award a grant to a statewide organization that 
60.19 	focuses solely on prevention of and intervention with fetal alcohol spectrum disorders. The 
60.20 	grant recipient must make subgrants to eligible regional collaboratives in rural and urban 
60.21 	areas of the state for the purposes specified in paragraph (c).
60.22 	(b) "Eligible regional collaboratives" means a partnership between at least one local 
60.23 	government or Tribal government and at least one community-based organization and, 
60.24 	where available, a family home visiting program. For purposes of this paragraph, a local 
60.25 	government includes a county or a multicounty organization, a county-based purchasing 
60.26 	entity, or a community health board.
60.27 	(c) Eligible regional collaboratives must use subgrant funds to reduce the incidence of 
60.28 	fetal alcohol spectrum disorders and other prenatal drug-related effects in children in 
60.29 	Minnesota by identifying and serving pregnant women suspected of or known to use or 
60.30 	abuse alcohol or other drugs. Eligible regional collaboratives must provide intensive services 
60.31 	to chemically dependent women to increase positive birth outcomes.
61.1 	(d) An eligible regional collaborative that receives a subgrant under this section must 
61.2 	report to the grant recipient by January 15 of each year on the services and programs funded 
61.3 	by the subgrant. The report must include measurable outcomes for the previous year, 
61.4 	including the number of pregnant women served and the number of toxin-free babies born. 
61.5 	The grant recipient must compile the information in the subgrant reports and submit a 
61.6 	summary report to the commissioner of health by February 15 of each year.

61.7 	EFFECTIVE DATE. This section is effective July 1, 2023.

61.8 	Sec. 62. Minnesota Statutes 2021 Supplement, section 245C.03, subdivision 5a, is amended 
61.9 	to read:
61.10 		Subd. 5a.Facilities serving children or adults licensed or regulated by the 
61.11 	Department of Health. (a) Except as specified in paragraph (b), the commissioner shall 
61.12 	conduct background studies of:
61.13 	(1) individuals providing services who have direct contact, as defined under section 
61.14 	245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes, 
61.15 	outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and 
61.16 	home care agencies licensed under chapter 144A; assisted living facilities and assisted living 
61.17 	facilities with dementia care licensed under chapter 144G; and board and lodging 
61.18 	establishments that are registered to provide supportive or health supervision services under 
61.19 	section 157.17;
61.20 	(2) individuals specified in subdivision 2 who provide direct contact services in a nursing 
61.21 	home or a home care agency licensed under chapter 144A; an assisted living facility or 
61.22 	assisted living facility with dementia care licensed under chapter 144G; or a boarding care 
61.23 	home licensed under sections 144.50 to 144.58. If the individual undergoing a study resides 
61.24 	outside of Minnesota, the study must include a check for substantiated findings of 
61.25 	maltreatment of adults and children in the individual's state of residence when the state 
61.26 	makes the information available;
61.27 	(3) all other employees in assisted living facilities or assisted living facilities with 
61.28 	dementia care licensed under chapter 144G, nursing homes licensed under chapter 144A, 
61.29 	and boarding care homes licensed under sections 144.50 to 144.58. A disqualification of 
61.30 	an individual in this section shall disqualify the individual from positions allowing direct 
61.31 	contact with or access to patients or residents receiving services. "Access" means physical 
61.32 	access to a client or the client's personal property without continuous, direct supervision as 
61.33 	defined in section 245C.02, subdivision 8, when the employee's employment responsibilities 
61.34 	do not include providing direct contact services;
62.1 	(4) individuals employed by a supplemental nursing services agency, as defined under 
62.2 	section 144A.70, who are providing services in health care facilities; and
62.3 	(5) controlling persons of a supplemental nursing services agency, as defined by section 
62.4 	144A.70.; and
62.5 	(6) license applicants, owners, managerial officials, and controlling individuals who are 
62.6 	required under section 144A.476, subdivision 1, or 144G.13, subdivision 1, to undergo a 
62.7 	background study under this chapter, regardless of the licensure status of the license applicant, 
62.8 	owner, managerial official, or controlling individual.
62.9 	(b) The commissioner of human services shall not conduct a background study on any 
62.10 	individual identified in paragraph (a), clauses (1) to (5), if the individual has a valid license 
62.11 	issued by a health-related licensing board as defined in section 214.01, subdivision 2, and 
62.12 	has completed the criminal background check as required in section 214.075. An entity that 
62.13 	is affiliated with individuals who meet the requirements of this paragraph must separate 
62.14 	those individuals from the entity's roster for NETStudy 2.0.
62.15 	(c) If a facility or program is licensed by the Department of Human Services and the 
62.16 	Department of Health and is subject to the background study provisions of this chapter, the 
62.17 	Department of Human Services is solely responsible for the background studies of individuals 
62.18 	in the jointly licensed program.
62.19 	(c) (d) The commissioner of health shall review and make decisions regarding 
62.20 	reconsideration requests, including whether to grant variances, according to the procedures 
62.21 	and criteria in this chapter. The commissioner of health shall inform the requesting individual 
62.22 	and the Department of Human Services of the commissioner of health's decision regarding 
62.23 	the reconsideration. The commissioner of health's decision to grant or deny a reconsideration 
62.24 	of a disqualification is a final administrative agency action.

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

62.26 	Sec. 63. Minnesota Statutes 2020, section 245C.31, subdivision 1, is amended to read:
62.27 		Subdivision 1.Board determines disciplinary or corrective action. (a) When the 
62.28 	subject of a background study is regulated by a health-related licensing board as defined in 
62.29 	chapter 214, and the commissioner determines that the regulated individual is responsible 
62.30 	for substantiated maltreatment under section 626.557 or chapter 260E, instead of the 
62.31 	commissioner making a decision regarding disqualification, the board shall make a 
62.32 	determination whether to impose disciplinary or corrective action under chapter 214 The 
62.33 	commissioner shall notify a health-related licensing board as defined in section 214.01, 
63.1 	subdivision 2, if the commissioner determines that an individual who is licensed by the 
63.2 	health-related licensing board and who is included on the board's roster list provided in 
63.3 	accordance with subdivision 3a is responsible for substantiated maltreatment under section 
63.4 	626.557 or chapter 260E, in accordance with subdivision 2. Upon receiving notification, 
63.5 	the health-related licensing board shall make a determination as to whether to impose 
63.6 	disciplinary or corrective action under chapter 214.
63.7 	(b) This section does not apply to a background study of an individual regulated by a 
63.8 	health-related licensing board if the individual's study is related to child foster care, adult 
63.9 	foster care, or family child care licensure.

63.10 	EFFECTIVE DATE. This section is effective February 1, 2023.

63.11 	Sec. 64. Minnesota Statutes 2020, section 245C.31, subdivision 2, is amended to read:
63.12 		Subd. 2.Commissioner's notice to board. (a) The commissioner shall notify the a
63.13 	health-related licensing board:
63.14 	(1) upon completion of a background study that produces of a record showing that the 
63.15 	individual licensed by the board was determined to have been responsible for substantiated 
63.16 	maltreatment;
63.17 	(2) upon the commissioner's completion of an investigation that determined the an
63.18 	individual licensed by the board was responsible for substantiated maltreatment; or
63.19 	(3) upon receipt from another agency of a finding of substantiated maltreatment for 
63.20 	which the an individual licensed by the board was responsible.
63.21 	(b) The commissioner's notice to the health-related licensing board shall indicate whether 
63.22 	the commissioner would have disqualified the individual for the substantiated maltreatment 
63.23 	if the individual were not regulated by the board.
63.24 	(c) The commissioner shall concurrently send the notice under this subdivision to the 
63.25 	individual who is the subject of the background study.

63.26 	EFFECTIVE DATE. This section is effective February 1, 2023.

63.27 	Sec. 65. Minnesota Statutes 2020, section 245C.31, is amended by adding a subdivision 
63.28 	to read:
63.29 		Subd. 3a.Agreements with health-related licensing boards. The commissioner and 
63.30 	each health-related licensing board shall enter into an agreement in order for each board to 
63.31 	provide the commissioner with a daily roster list of individuals who have a license issued 
64.1 	by the board in active status. The list must include for each licensed individual the individual's 
64.2 	name, aliases, date of birth, and license number; the date the license was issued; status of 
64.3 	the license; and the last four digits of the individual's Social Security number.

64.4 	EFFECTIVE DATE. This section is effective August 1, 2022.

64.5 	Sec. 66. Minnesota Statutes 2020, section 245C.31, is amended by adding a subdivision 
64.6 	to read:
64.7 		Subd. 3b.Maltreatment study; fees. (a) The administrative service unit for the 
64.8 	health-related licensing boards shall apportion between the health-related licensing boards 
64.9 	that are required to submit a daily roster list in accordance with subdivision 3a an amount  
64.10 	to be paid through an additional fee collected by each board in accordance with paragraph 
64.11 	(b). The amount apportioned to each health-related licensing board must equal the board's 
64.12 	share of the annual appropriation from the state government special revenue fund to the 
64.13 	commissioner of human services to conduct the maltreatment studies on licensees who are 
64.14 	listed on the daily roster lists and to comply with the notification requirement under 
64.15 	subdivision 2. Each board's apportioned share must be based on the number of licensees 
64.16 	that each health-related licensing board licenses as a percentage of the total number of 
64.17 	licensees licensed collectively by all health-related licensing boards.
64.18 	(b) Each health-related licensing board may collect an additional fee from a licensee at 
64.19 	the time the initial license fee is collected to compensate for the amount apportioned to each 
64.20 	board by the administrative services unit. If an additional fee is collected by the health-related 
64.21 	licensing board under this paragraph, the fee must be deposited in the state government 
64.22 	special revenue fund.

64.23 	EFFECTIVE DATE. This section is effective August 1, 2022.

64.24 	Sec. 67. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 33, 
64.25 	is amended to read:

64.26
64.27	Subd. 33.Grant Programs; Chemical 
Dependency Treatment Support Grants

64.28	Appropriations by Fund
	
64.29	General
	4,273,000
	4,274,000
	
64.30	Lottery Prize
	1,733,000
	1,733,000
	
64.31
64.32	Opiate Epidemic 
Response
	500,000
	500,000
	
65.1 	(a) Problem Gambling. $225,000 in fiscal 
65.2 	year 2022 and $225,000 in fiscal year 2023 
65.3 	are from the lottery prize fund for a grant to 
65.4 	the state affiliate recognized by the National 
65.5 	Council on Problem Gambling. The affiliate 
65.6 	must provide services to increase public 
65.7 	awareness of problem gambling, education, 
65.8 	training for individuals and organizations 
65.9 	providing effective treatment services to 
65.10 	problem gamblers and their families, and 
65.11 	research related to problem gambling.
65.12 	(b) Recovery Community Organization 
65.13 	Grants. $2,000,000 in fiscal year 2022 and 
65.14 	$2,000,000 in fiscal year 2023 are from the 
65.15 	general fund for grants to recovery community 
65.16 	organizations, as defined in Minnesota 
65.17 	Statutes, section 254B.01, subdivision 8, to 
65.18 	provide for costs and community-based peer 
65.19 	recovery support services that are not 
65.20 	otherwise eligible for reimbursement under 
65.21 	Minnesota Statutes, section 254B.05, as part 
65.22 	of the continuum of care for substance use 
65.23 	disorders. The general fund base for this 
65.24 	appropriation is $2,000,000 in fiscal year 2024 
65.25 	and $0 in fiscal year 2025
65.26 	(c) Base Level Adjustment. The general fund 
65.27 	base is $4,636,000 $3,886,000 in fiscal year 
65.28 	2024 and $2,636,000 $1,886,000 in fiscal year 
65.29 	2025. The opiate epidemic response fund base 
65.30 	is $500,000 in fiscal year 2024 and $0 in fiscal 
65.31 	year 2025.

65.32 	Sec. 68. Laws 2021, First Special Session chapter 7, article 16, section 3, subdivision 2, 
65.33 	is amended to read:

65.34	Subd. 2.Health Improvement

66.1	Appropriations by Fund
	
66.2	General
	123,714,000
	124,000,000
	
66.3
66.4	State Government 
Special Revenue
	11,967,000
	11,290,000
	
66.5	Health Care Access
	37,512,000
	36,832,000
	
66.6	Federal TANF
	11,713,000
	11,713,000
	
66.7 	(a) TANF Appropriations. (1) $3,579,000 in 
66.8 	fiscal year 2022 and $3,579,000 in fiscal year 
66.9 	2023 are from the TANF fund for home 
66.10 	visiting and nutritional services listed under 
66.11 	Minnesota Statutes, section 145.882, 
66.12 	subdivision 7, clauses (6) and (7). Funds must 
66.13 	be distributed to community health boards 
66.14 	according to Minnesota Statutes, section 
66.15 	145A.131, subdivision 1;
66.16 	(2) $2,000,000 in fiscal year 2022 and 
66.17 	$2,000,000 in fiscal year 2023 are from the 
66.18 	TANF fund for decreasing racial and ethnic 
66.19 	disparities in infant mortality rates under 
66.20 	Minnesota Statutes, section 145.928, 
66.21 	subdivision 7;
66.22 	(3) $4,978,000 in fiscal year 2022 and 
66.23 	$4,978,000 in fiscal year 2023 are from the 
66.24 	TANF fund for the family home visiting grant 
66.25 	program according to Minnesota Statutes, 
66.26 	section 145A.17. $4,000,000 of the funding 
66.27 	in each fiscal year must be distributed to 
66.28 	community health boards according to 
66.29 	Minnesota Statutes, section 145A.131, 
66.30 	subdivision 1. $978,000 of the funding in each 
66.31 	fiscal year must be distributed to tribal 
66.32 	governments according to Minnesota Statutes, 
66.33 	section 145A.14, subdivision 2a;
66.34 	(4) $1,156,000 in fiscal year 2022 and 
66.35 	$1,156,000 in fiscal year 2023 are from the 
67.1 	TANF fund for family planning grants under 
67.2 	Minnesota Statutes, section 145.925; and
67.3 	(5) the commissioner may use up to 6.23 
67.4 	percent of the funds appropriated from the 
67.5 	TANF fund each fiscal year to conduct the 
67.6 	ongoing evaluations required under Minnesota 
67.7 	Statutes, section 145A.17, subdivision 7, and 
67.8 	training and technical assistance as required 
67.9 	under Minnesota Statutes, section 145A.17, 
67.10 	subdivisions 4 and 5.
67.11 	(b) TANF Carryforward. Any unexpended 
67.12 	balance of the TANF appropriation in the first 
67.13 	year of the biennium does not cancel but is 
67.14 	available for the second year.
67.15 	(c) Tribal Public Health Grants. $500,000 
67.16 	in fiscal year 2022 and $500,000 in fiscal year 
67.17 	2023 are from the general fund for Tribal 
67.18 	public health grants under Minnesota Statutes, 
67.19 	section 145A.14, for public health 
67.20 	infrastructure projects as defined by the Tribal 
67.21 	government.
67.22 	(d) Public Health Infrastructure Funds.
67.23 	$6,000,000 in fiscal year 2022 and $6,000,000 
67.24 	in fiscal year 2023 are from the general fund 
67.25 	for public health infrastructure funds to 
67.26 	distribute to community health boards and 
67.27 	Tribal governments to support their ability to 
67.28 	meet national public health standards.
67.29 	(e) Public Health System Assessment and 
67.30 	Oversight. $1,500,000 in fiscal year 2022 and 
67.31 	$1,500,000 in fiscal year 2023 are from the 
67.32 	general fund for the commissioner to assess 
67.33 	the capacity of the public health system to 
67.34 	meet national public health standards and 
68.1 	oversee public health system improvement 
68.2 	efforts.
68.3 	(f) Health Professional Education Loan 
68.4 	Forgiveness. Notwithstanding the priorities 
68.5 	and distribution requirements under Minnesota 
68.6 	Statutes, section 144.1501, $3,000,000 in 
68.7 	fiscal year 2022 and $3,000,000 in fiscal year 
68.8 	2023 are from the general fund for loan 
68.9 	forgiveness under article 3, section 43, for 
68.10 	individuals who are eligible alcohol and drug 
68.11 	counselors, eligible medical residents, or 
68.12 	eligible mental health professionals, as defined 
68.13 	in article 3, section 43. The general fund base 
68.14 	for this appropriation is $2,625,000 in fiscal 
68.15 	year 2024 and $0 in fiscal year 2025. The 
68.16 	health care access fund base for this 
68.17 	appropriation is $875,000 in fiscal year 2024, 
68.18 	$3,500,000 in fiscal year 2025, and $0 in fiscal 
68.19 	year 2026. The general fund amounts in this 
68.20 	paragraph are available until March 31, 2024. 
68.21 	This paragraph expires on April 1, 2024.
68.22 	(g) Mental Health Cultural Community 
68.23 	Continuing Education Grant Program.
68.24 	$500,000 in fiscal year 2022 and $500,000 in 
68.25 	fiscal year 2023 are from the general fund for 
68.26 	the mental health cultural community 
68.27 	continuing education grant program. This is 
68.28 	a onetime appropriation
68.29 	(h) Birth Records; Homeless Youth. $72,000 
68.30 	in fiscal year 2022 and $32,000 in fiscal year 
68.31 	2023 are from the state government special 
68.32 	revenue fund for administration and issuance 
68.33 	of certified birth records and statements of no 
68.34 	vital record found to homeless youth under 
68.35 	Minnesota Statutes, section 144.2255.
69.1 	(i) Supporting Healthy Development of 
69.2 	Babies During Pregnancy and Postpartum.
69.3 	$260,000 in fiscal year 2022 and $260,000 in 
69.4 	fiscal year 2023 are from the general fund for 
69.5 	a grant to the Amherst H. Wilder Foundation 
69.6 	for the African American Babies Coalition 
69.7 	initiative for community-driven training and 
69.8 	education on best practices to support healthy 
69.9 	development of babies during pregnancy and 
69.10 	postpartum. Grant funds must be used to build 
69.11 	capacity in, train, educate, or improve 
69.12 	practices among individuals, from youth to 
69.13 	elders, serving families with members who 
69.14 	are Black, indigenous, or people of color, 
69.15 	during pregnancy and postpartum. This is a 
69.16 	onetime appropriation and is available until 
69.17 	June 30, 2023.
69.18 	(j) Dignity in Pregnancy and Childbirth.
69.19 	$494,000 in fiscal year 2022 and $200,000 in 
69.20 	fiscal year 2023 are from the general fund for 
69.21 	purposes of Minnesota Statutes, section 
69.22 	144.1461. Of this appropriation: (1) $294,000 
69.23 	in fiscal year 2022 is for a grant to the 
69.24 	University of Minnesota School of Public 
69.25 	Health's Center for Antiracism Research for 
69.26 	Health Equity, to develop a model curriculum 
69.27 	on anti-racism and implicit bias for use by 
69.28 	hospitals with obstetric care and birth centers 
69.29 	to provide continuing education to staff caring 
69.30 	for pregnant or postpartum women. The model 
69.31 	curriculum must be evidence-based and must 
69.32 	meet the criteria in Minnesota Statutes, section 
69.33 	144.1461, subdivision 2, paragraph (a); and 
69.34 	(2) $200,000 in fiscal year 2022 and $200,000 
69.35 	in fiscal year 2023 are for purposes of 
70.1 	Minnesota Statutes, section 144.1461, 
70.2 	subdivision 3.
70.3 	(k) Congenital Cytomegalovirus (CMV). (1) 
70.4 	$196,000 in fiscal year 2022 and $196,000 in 
70.5 	fiscal year 2023 are from the general fund for 
70.6 	outreach and education on congenital 
70.7 	cytomegalovirus (CMV) under Minnesota 
70.8 	Statutes, section 144.064.
70.9 	(2) Contingent on the Advisory Committee on 
70.10 	Heritable and Congenital Disorders 
70.11 	recommending and the commissioner of health 
70.12 	approving inclusion of CMV in the newborn 
70.13 	screening panel in accordance with Minnesota 
70.14 	Statutes, section 144.065, subdivision 3, 
70.15 	paragraph (d), $656,000 in fiscal year 2023 is 
70.16 	from the state government special revenue 
70.17 	fund for follow-up services.
70.18 	(l) Nonnarcotic Pain Management and 
70.19 	Wellness. $649,000 in fiscal year 2022 is from 
70.20 	the general fund for nonnarcotic pain 
70.21 	management and wellness in accordance with 
70.22 	Laws 2019, chapter 63, article 3, section 1, 
70.23 	paragraph (n).
70.24 	(m) Base Level Adjustments. The general 
70.25 	fund base is $120,451,000$121,201,000 in 
70.26 	fiscal year 2024 and $115,594,000
70.27 	$116,344,000 in fiscal year 2025, of which 
70.28 	$750,000 in fiscal year 2024 and $750,000 in 
70.29 	fiscal year 2025 are for fetal alcohol spectrum 
70.30 	disorders prevention grants under Minnesota 
70.31 	Statutes, section 145.267. The health care 
70.32 	access fund base is $38,385,000 in fiscal year 
70.33 	2024 and $40,644,000 in fiscal year 2025.

71.1 	Sec. 69. DIRECTION TO COMMISSIONER OF HEALTH; J-1 VISA WAIVER 
71.2 	PROGRAM RECOMMENDATION.
 71.3 	(a) For purposes of this section:
71.4 	(1) "Department of Health recommendation" means a recommendation from the state 
71.5 	Department of Health that a foreign medical graduate should be considered for a J-1 visa 
71.6 	waiver under the J-1 visa waiver program; and
71.7 	(2) "J-1 visa waiver program" means a program administered by the United States 
71.8 	Department of State under United States Code, title 8, section 1184(l), in which a waiver 
71.9 	is sought for the requirement that a foreign medical graduate with a J-1 visa must return to 
71.10 	the graduate's home country for two years at the conclusion of the graduate's medical study 
71.11 	before applying for employment authorization in the United States.
71.12 	(b) In administering the program to issue Department of Health recommendations for 
71.13 	purposes of the J-1 visa waiver program, the commissioner of health shall allow an applicant 
71.14 	to submit to the commissioner evidence that the foreign medical graduate for whom the 
71.15 	waiver is sought is licensed to practice medicine in Minnesota in place of evidence that the 
71.16 	foreign medical graduate has passed steps 1, 2, and 3 of the United States Medical Licensing 
71.17 	Examination.

71.18 	Sec. 70. APPROPRIATION; ELIMINATION OF DUPLICATIVE BACKGROUND 
71.19 	STUDIES.
 71.20 	$522,000 in fiscal year 2023 is appropriated from the state government special revenue 
71.21 	fund to the commissioner of human services to implement provisions to eliminate duplicative 
71.22 	background studies. The state government special revenue fund base for this appropriation 
71.23 	is $334,000 in fiscal year 2024, $574,000 in fiscal year 2025, $170,000 in fiscal year 2026, 
71.24 	and $170,000 in fiscal year 2027.

71.25 	Sec. 71. REVISOR INSTRUCTION.
 71.26 	The revisor of statutes shall make any necessary cross-reference changes required as a 
71.27 	result of the amendments in this article to Minnesota Statutes, sections 144A.01; 144A.03, 
71.28 	subdivision 1; 144A.04, subdivisions 4 and 6; and 144A.06.

71.29 	Sec. 72. REPEALER.
 71.30 	(a) Minnesota Statutes 2020, section 254A.21, is repealed effective July 1, 2023.
71.31 	(b) Minnesota Statutes 2021 Supplement, section 144G.07, subdivision 6, is repealed.

72.1 	ARTICLE 2
72.2 	HEALTH CARE

72.3 	Section 1. Minnesota Statutes 2020, section 62J.2930, subdivision 3, is amended to read:
72.4 		Subd. 3.Consumer information. (a) The information clearinghouse or another entity 
72.5 	designated by the commissioner shall provide consumer information to health plan company 
72.6 	enrollees to:
72.7 	(1) assist enrollees in understanding their rights;
72.8 	(2) explain and assist in the use of all available complaint systems, including internal 
72.9 	complaint systems within health carriers, community integrated service networks, and the 
72.10 	Departments of Health and Commerce;
72.11 	(3) provide information on coverage options in each region of the state;
72.12 	(4) provide information on the availability of purchasing pools and enrollee subsidies; 
72.13 	and
72.14 	(5) help consumers use the health care system to obtain coverage.
72.15 	(b) The information clearinghouse or other entity designated by the commissioner for 
72.16 	the purposes of this subdivision shall not:
72.17 	(1) provide legal services to consumers;
72.18 	(2) represent a consumer or enrollee; or
72.19 	(3) serve as an advocate for consumers in disputes with health plan companies.
72.20 	(c) Nothing in this subdivision shall interfere with the ombudsman program established 
72.21 	under section 256B.69, subdivision 20 256B.6903, or other existing ombudsman programs.

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

72.23 	Sec. 2. Minnesota Statutes 2020, section 152.125, is amended to read:
72.24 	152.125 INTRACTABLE PAIN.
72.25 		Subdivision 1.Definition Definitions. (a) For purposes of this section, the terms in this 
72.26 	subdivision have the meanings given.
72.27 	(b) "Drug diversion" means the unlawful transfer of prescription drugs from their licit 
72.28 	medical purpose to the illicit marketplace.
72.29 	(c) "Intractable pain" means a pain state in which the cause of the pain cannot be removed 
72.30 	or otherwise treated with the consent of the patient and in which, in the generally accepted 
73.1 	course of medical practice, no relief or cure of the cause of the pain is possible, or none has 
73.2 	been found after reasonable efforts. Conditions associated with intractable pain may include 
73.3 	cancer and the recovery period, sickle cell disease, noncancer pain, rare diseases, orphan 
73.4 	diseases, severe injuries, and health conditions requiring the provision of palliative care or 
73.5 	hospice care. Reasonable efforts for relieving or curing the cause of the pain may be 
73.6 	determined on the basis of, but are not limited to, the following:
73.7 	(1) when treating a nonterminally ill patient for intractable pain, an evaluation conducted 
73.8 	by the attending physician, advanced practice registered nurse, or physician assistant and 
73.9 	one or more physicians, advanced practice registered nurses, or physician assistants
73.10 	specializing in pain medicine or the treatment of the area, system, or organ of the body 
73.11 	confirmed or perceived as the source of the intractable pain; or
73.12 	(2) when treating a terminally ill patient, an evaluation conducted by the attending 
73.13 	physician, advanced practice registered nurse, or physician assistant who does so in 
73.14 	accordance with the standard of care and the level of care, skill, and treatment that would 
73.15 	be recognized by a reasonably prudent physician, advanced practice registered nurse, or 
73.16 	physician assistant under similar conditions and circumstances.
73.17 	(d) "Palliative care" has the meaning given in section 144A.75, subdivision 12.
73.18 	(e) "Rare disease" means a disease, disorder, or condition that affects fewer than 200,000 
73.19 	individuals in the United States and is chronic, serious, life altering, or life threatening.
73.20 		Subd. 1a.Criteria for the evaluation and treatment of intractable pain. The evaluation 
73.21 	and treatment of intractable pain when treating a nonterminally ill patient is governed by 
73.22 	the following criteria:
73.23 	(1) a diagnosis of intractable pain by the treating physician, advanced practice registered 
73.24 	nurse, or physician assistant and either by a physician, advanced practice registered nurse, 
73.25 	or physician assistant specializing in pain medicine or a physician, advanced practice 
73.26 	registered nurse, or physician assistant treating the area, system, or organ of the body that 
73.27 	is the source of the pain is sufficient to meet the definition of intractable pain; and
73.28 	(2) the cause of the diagnosis of intractable pain must not interfere with medically 
73.29 	necessary treatment, including but not limited to prescribing or administering a controlled 
73.30 	substance in Schedules II to V of section 152.02.
73.31 		Subd. 2.Prescription and administration of controlled substances for intractable 
73.32 	pain. (a) Notwithstanding any other provision of this chapter, a physician, advanced practice 
73.33 	registered nurse, or physician assistant may prescribe or administer a controlled substance 
74.1 	in Schedules II to V of section 152.02 to an individual a patient in the course of the 
74.2 	physician's, advanced practice registered nurse's, or physician assistant's treatment of the 
74.3 	individual patient for a diagnosed condition causing intractable pain. No physician, advanced 
74.4 	practice registered nurse, or physician assistant shall be subject to disciplinary action by 
74.5 	the Board of Medical Practice or Board of Nursing for appropriately prescribing or 
74.6 	administering a controlled substance in Schedules II to V of section 152.02 in the course 
74.7 	of treatment of an individual a patient for intractable pain, provided the physician, advanced 
74.8 	practice registered nurse, or physician assistant:
74.9 	(1) keeps accurate records of the purpose, use, prescription, and disposal of controlled 
74.10 	substances, writes accurate prescriptions, and prescribes medications in conformance with 
74.11 	chapter 147. or 148 or in accordance with the current standard of care; and
74.12 	(2) enters into a patient-provider agreement that meets the criteria in subdivision 5.
74.13 	(b) No physician, advanced practice registered nurse, or physician assistant, acting in 
74.14 	good faith and based on the needs of the patient, shall be subject to disenrollment or 
74.15 	termination by the commissioner of health solely for prescribing a dosage that equates to 
74.16 	an upward deviation from morphine milligram equivalent dosage recommendations or 
74.17 	thresholds specified in state or federal opioid prescribing guidelines or policies, including 
74.18 	but not limited to the Guideline for Prescribing Opioids for Chronic Pain issued by the 
74.19 	Centers for Disease Control and Prevention and Minnesota opioid prescribing guidelines.
74.20 	(c) A physician, advanced practice registered nurse, or physician assistant treating 
74.21 	intractable pain by prescribing, dispensing, or administering a controlled substance in 
74.22 	Schedules II to V of section 152.02 that includes but is not limited to opioid analgesics must 
74.23 	not taper a patient's medication dosage solely to meet a predetermined morphine milligram 
74.24 	equivalent dosage recommendation or threshold if the patient is stable and compliant with 
74.25 	the treatment plan, is experiencing no serious harm from the level of medication currently 
74.26 	being prescribed or previously prescribed, and is in compliance with the patient-provider 
74.27 	agreement as described in subdivision 5.
74.28 	(d) A physician's, advanced practice registered nurse's, or physician assistant's decision 
74.29 	to taper a patient's medication dosage must be based on factors other than a morphine 
74.30 	milligram equivalent recommendation or threshold.
74.31 	(e) No pharmacist, health plan company, or pharmacy benefit manager shall refuse to 
74.32 	fill a prescription for an opiate issued by a licensed practitioner with the authority to prescribe 
74.33 	opiates solely based on the prescription exceeding a predetermined morphine milligram 
74.34 	equivalent dosage recommendation or threshold. Health plan companies that participate in 
75.1 	Minnesota health care programs under chapters 256B and 256L, and pharmacy benefit 
75.2 	managers under contract with these health plan companies, must comply with section 1004 
75.3 	of the federal SUPPORT Act, Public Law 115-271, when providing services to medical 
75.4 	assistance and MinnesotaCare enrollees.
75.5 		Subd. 3.Limits on applicability. This section does not apply to:
75.6 	(1) a physician's, advanced practice registered nurse's, or physician assistant's treatment 
75.7 	of an individual a patient for chemical dependency resulting from the use of controlled 
75.8 	substances in Schedules II to V of section 152.02;
75.9 	(2) the prescription or administration of controlled substances in Schedules II to V of 
75.10 	section 152.02 to an individual a patient whom the physician, advanced practice registered 
75.11 	nurse, or physician assistant knows to be using the controlled substances for nontherapeutic 
75.12 	or drug diversion purposes;
75.13 	(3) the prescription or administration of controlled substances in Schedules II to V of 
75.14 	section 152.02 for the purpose of terminating the life of an individual a patient having 
75.15 	intractable pain; or
75.16 	(4) the prescription or administration of a controlled substance in Schedules II to V of 
75.17 	section 152.02 that is not a controlled substance approved by the United States Food and 
75.18 	Drug Administration for pain relief.
75.19 		Subd. 4.Notice of risks. Prior to treating an individual a patient for intractable pain in 
75.20 	accordance with subdivision 2, a physician, advanced practice registered nurse, or physician 
75.21 	assistant shall discuss with the individual patient or the patient's legal guardian, if applicable,
75.22 	the risks associated with the controlled substances in Schedules II to V of section 152.02
75.23 	to be prescribed or administered in the course of the physician's, advanced practice registered 
75.24 	nurse's, or physician assistant's treatment of an individual a patient, and document the 
75.25 	discussion in the individual's patient's record as required in the patient-provider agreement 
75.26 	described in subdivision 5.
75.27 		Subd. 5.Patient-provider agreement. (a) Before treating a patient for intractable pain, 
75.28 	a physician, advanced practice registered nurse, or physician assistant and the patient or the 
75.29 	patient's legal guardian, if applicable, must mutually agree to the treatment and enter into 
75.30 	a provider-patient agreement. The agreement must include a description of the prescriber's 
75.31 	and the patient's expectations, responsibilities, and rights according to best practices and 
75.32 	current standards of care.
76.1 	(b) The agreement must be signed by the patient or the patient's legal guardian, if 
76.2 	applicable, and the physician, advanced practice registered nurse, or physician assistant and 
76.3 	included in the patient's medical records. A copy of the signed agreement must be provided 
76.4 	to the patient.
76.5 	(c) The agreement must be reviewed by the patient and the physician, advanced practice 
76.6 	registered nurse, or physician assistant annually. If there is a change in the patient's treatment 
76.7 	plan, the agreement must be updated and a revised agreement must be signed by the patient 
76.8 	or the patient's legal guardian. A copy of the revised agreement must be included in the 
76.9 	patient's medical record and a copy must be provided to the patient.
76.10 	(d) Absent clear evidence of drug diversion, nonadherence with the agreement must not 
76.11 	be used as the sole reason to stop a patient's treatment with scheduled drugs. If a patient 
76.12 	experiences difficulty adhering to the agreement, the prescriber must evaluate the patient 
76.13 	for other conditions, including but not limited to substance use disorder, and must ensure 
76.14 	that the patient's course of treatment is appropriately adjusted to reflect any change in 
76.15 	diagnosis.
76.16 	(e) A patient-provider agreement is not required in an emergency or inpatient hospital 
76.17 	setting.

76.18 	Sec. 3. Minnesota Statutes 2021 Supplement, section 256B.0371, subdivision 4, as amended 
76.19 	by Laws 2022, chapter 55, article 1, section 128, is amended to read:
76.20 		Subd. 4.Dental utilization report. (a) The commissioner shall submit an annual report 
76.21 	beginning March 15, 2022, and ending March 15, 2026, to the chairs and ranking minority 
76.22 	members of the legislative committees with jurisdiction over health and human services 
76.23 	policy and finance that includes the percentage for adults and children one through 20 years 
76.24 	of age for the most recent complete calendar year receiving at least one dental visit for both 
76.25 	fee-for-service and the prepaid medical assistance program. The report must include:
76.26 	(1) statewide utilization for both fee-for-service and for the prepaid medical assistance 
76.27 	program;
76.28 	(2) utilization by county;
76.29 	(3) utilization by children receiving dental services through fee-for-service and through 
76.30 	a managed care plan or county-based purchasing plan; and
76.31 	(4) utilization by adults receiving dental services through fee-for-service and through a 
76.32 	managed care plan or county-based purchasing plan.
77.1 	(b) The report must also include a description of any corrective action plans required to 
77.2 	be submitted under subdivision 2.
77.3 	(c) The initial report due on March 15, 2022, must include the utilization metrics described 
77.4 	in paragraph (a) for each of the following calendar years: 2017, 2018, 2019, and 2020.
77.5 	(d) In the annual report due on March 15, 2023, and in each report due thereafter, the 
77.6 	commissioner shall include the following:
77.7 	(1) the number of dentists enrolled with the commissioner as a medical assistance dental 
77.8 	provider and the congressional district or districts in which the dentist provides services;
77.9 	(2) the number of enrolled dentists who provided fee-for-service dental services to 
77.10 	medical assistance or MinnesotaCare patients within the previous calendar year in the 
77.11 	following increments: one to nine patients, ten to 100 patients, and over 100 patients;
77.12 	(3) the number of enrolled dentists who provided dental services to medical assistance 
77.13 	or MinnesotaCare patients through a managed care plan or county-based purchasing plan 
77.14 	within the previous calendar year in the following increments: one to nine patients, ten to 
77.15 	100 patients, and over 100 patients; and
77.16 	(4) the number of dentists who provided dental services to a new patient who was enrolled 
77.17 	in medical assistance or MinnesotaCare within the previous calendar year.
77.18 	(e) The report due on March 15, 2023, must include the metrics described in paragraph 
77.19 	(d) for each of the following years: 2017, 2018, 2019, 2020, and 2021.

77.20 	Sec. 4. Minnesota Statutes 2020, section 256B.055, subdivision 2, is amended to read:
77.21 		Subd. 2.Subsidized foster children. Medical assistance may be paid for a child eligible 
77.22 	for or receiving foster care maintenance payments under Title IV-E of the Social Security 
77.23 	Act, United States Code, title 42, sections 670 to 676, and for a child who is not eligible for 
77.24 	Title IV-E of the Social Security Act but who is determined eligible for placed in foster 
77.25 	care as determined by Minnesota Statutes or receiving kinship assistance under chapter 
77.26 	256N.

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

77.28 	Sec. 5. Minnesota Statutes 2020, section 256B.056, subdivision 3b, is amended to read:
77.29 		Subd. 3b.Treatment of trusts. (a) It is the public policy of this state that individuals 
77.30 	use all available resources to pay for the cost of long-term care services, as defined in section 
77.31 	256B.0595, before turning to Minnesota health care program funds, and that trust instruments 
78.1 	should not be permitted to shield available resources of an individual or an individual's 
78.2 	spouse from such use.
78.3 	(a) (b) A "medical assistance qualifying trust" is a revocable or irrevocable trust, or 
78.4 	similar legal device, established on or before August 10, 1993, by a person or the person's 
78.5 	spouse under the terms of which the person receives or could receive payments from the 
78.6 	trust principal or income and the trustee has discretion in making payments to the person 
78.7 	from the trust principal or income. Notwithstanding that definition, a medical assistance 
78.8 	qualifying trust does not include: (1) a trust set up by will; (2) a trust set up before April 7, 
78.9 	1986, solely to benefit a person with a developmental disability living in an intermediate 
78.10 	care facility for persons with developmental disabilities; or (3) a trust set up by a person 
78.11 	with payments made by the Social Security Administration pursuant to the United States 
78.12 	Supreme Court decision in Sullivan v. Zebley, 110 S. Ct. 885 (1990). The maximum amount 
78.13 	of payments that a trustee of a medical assistance qualifying trust may make to a person 
78.14 	under the terms of the trust is considered to be available assets to the person, without regard 
78.15 	to whether the trustee actually makes the maximum payments to the person and without 
78.16 	regard to the purpose for which the medical assistance qualifying trust was established.
78.17 	(b) (c) Trusts established after August 10, 1993, are treated according to United States 
78.18 	Code, title 42, section 1396p(d).
78.19 	(c) (d) For purposes of paragraph (d) (e), a pooled trust means a trust established under 
78.20 	United States Code, title 42, section 1396p(d)(4)(C).
78.21 	(d) (e) A beneficiary's interest in a pooled trust is considered an available asset unless 
78.22 	the trust provides that upon the death of the beneficiary or termination of the trust during 
78.23 	the beneficiary's lifetime, whichever is sooner, the department receives any amount, up to 
78.24 	the amount of medical assistance benefits paid on behalf of the beneficiary, remaining in 
78.25 	the beneficiary's trust account after a deduction for reasonable administrative fees and 
78.26 	expenses, and an additional remainder amount. The retained remainder amount of the 
78.27 	subaccount must not exceed ten percent of the account value at the time of the beneficiary's 
78.28 	death or termination of the trust, and must only be used for the benefit of disabled individuals 
78.29 	who have a beneficiary interest in the pooled trust.
78.30 	(e) (f) Trusts may be established on or after December 12, 2016, by a person who has 
78.31 	been determined to be disabled, according to United States Code, title 42, section 
78.32 	1396p(d)(4)(A), as amended by section 5007 of the 21st Century Cures Act, Public Law 
78.33 	114-255.

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

79.1 	Sec. 6. Minnesota Statutes 2020, section 256B.056, subdivision 3c, is amended to read:
79.2 		Subd. 3c.Asset limitations for families and children. (a) A household of two or more 
79.3 	persons must not own more than $20,000 in total net assets, and a household of one person 
79.4 	must not own more than $10,000 in total net assets. In addition to these maximum amounts, 
79.5 	an eligible individual or family may accrue interest on these amounts, but they must be 
79.6 	reduced to the maximum at the time of an eligibility redetermination. The value of assets 
79.7 	that are not considered in determining eligibility for medical assistance for families and 
79.8 	children is the value of those assets excluded under the AFDC state plan as of July 16, 1996, 
79.9 	as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 
79.10 	1996 (PRWORA), Public Law 104-193, with the following exceptions:
79.11 	(1) household goods and personal effects are not considered;
79.12 	(2) capital and operating assets of a trade or business up to $200,000 are not considered;
79.13 	(3) one motor vehicle is excluded for each person of legal driving age who is employed 
79.14 	or seeking employment;
79.15 	(4) assets designated as burial expenses are excluded to the same extent they are excluded 
79.16 	by the Supplemental Security Income program;
79.17 	(5) court-ordered settlements up to $10,000 are not considered;
79.18 	(6) individual retirement accounts and funds are not considered;
79.19 	(7) assets owned by children are not considered; and
79.20 	(8) effective July 1, 2009, certain assets owned by American Indians are excluded as 
79.21 	required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public 
79.22 	Law 111-5. For purposes of this clause, an American Indian is any person who meets the 
79.23 	definition of Indian according to Code of Federal Regulations, title 42, section 447.50.
79.24 	(b) Beginning January 1, 2014, this subdivision Paragraph (a) applies only to parents 
79.25 	and caretaker relatives who qualify for medical assistance under subdivision 5.
79.26 	(c) Eligibility for children under age 21 must be determined without regard to the asset 
79.27 	limitations described in paragraphs (a) and (b) and subdivision 3.

79.28 	Sec. 7. Minnesota Statutes 2020, section 256B.056, subdivision 11, is amended to read:
79.29 		Subd. 11.Treatment of annuities. (a) Any person requesting medical assistance payment 
79.30 	of long-term care services shall provide a complete description of any interest either the 
79.31 	person or the person's spouse has in annuities on a form designated by the department. The 
80.1 	form shall include a statement that the state becomes a preferred remainder beneficiary of 
80.2 	annuities or similar financial instruments by virtue of the receipt of medical assistance 
80.3 	payment of long-term care services. The person and the person's spouse shall furnish the 
80.4 	agency responsible for determining eligibility with complete current copies of their annuities 
80.5 	and related documents and complete the form designating the state as the preferred remainder 
80.6 	beneficiary for each annuity in which the person or the person's spouse has an interest.
80.7 	(b) The department shall provide notice to the issuer of the department's right under this 
80.8 	section as a preferred remainder beneficiary under the annuity or similar financial instrument 
80.9 	for medical assistance furnished to the person or the person's spouse, and provide notice of 
80.10 	the issuer's responsibilities as provided in paragraph (c).
80.11 	(c) An issuer of an annuity or similar financial instrument who receives notice of the 
80.12 	state's right to be named a preferred remainder beneficiary as described in paragraph (b) 
80.13 	shall provide confirmation to the requesting agency that the state has been made a preferred 
80.14 	remainder beneficiary. The issuer shall also notify the county agency when a change in the 
80.15 	amount of income or principal being withdrawn from the annuity or other similar financial 
80.16 	instrument or a change in the state's preferred remainder beneficiary designation under the 
80.17 	annuity or other similar financial instrument occurs. The county agency shall provide the 
80.18 	issuer with the name, address, and telephone number of a unit within the department that 
80.19 	the issuer can contact to comply with this paragraph.
80.20 	(d) "Preferred remainder beneficiary" for purposes of this subdivision and sections 
80.21 	256B.0594 and 256B.0595 means the state is a remainder beneficiary in the first position 
80.22 	in an amount equal to the amount of medical assistance paid on behalf of the institutionalized 
80.23 	person, or is a remainder beneficiary in the second position if the institutionalized person 
80.24 	designates and is survived by a remainder beneficiary who is (1) a spouse who does not 
80.25 	reside in a medical institution, (2) a minor child, or (3) a child of any age who is blind or 
80.26 	permanently and totally disabled as defined in the Supplemental Security Income program. 
80.27 	Notwithstanding this paragraph, the state is the remainder beneficiary in the first position 
80.28 	if the spouse or child disposes of the remainder for less than fair market value.
80.29 	(e) For purposes of this subdivision, "institutionalized person" and "long-term care 
80.30 	services" have the meanings given in section 256B.0595, subdivision 1, paragraph (g) (f).
80.31 	(f) For purposes of this subdivision, "medical institution" means a skilled nursing facility, 
80.32 	intermediate care facility, intermediate care facility for persons with developmental 
80.33 	disabilities, nursing facility, or inpatient hospital.

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

81.1 	Sec. 8. Minnesota Statutes 2020, section 256B.0595, subdivision 1, is amended to read:
81.2 		Subdivision 1.Prohibited transfers. (a) Effective for transfers made after August 10, 
81.3 	1993, an institutionalized person, an institutionalized person's spouse, or any person, court, 
81.4 	or administrative body with legal authority to act in place of, on behalf of, at the direction 
81.5 	of, or upon the request of the institutionalized person or institutionalized person's spouse, 
81.6 	may not give away, sell, or dispose of, for less than fair market value, any asset or interest 
81.7 	therein, except assets other than the homestead that are excluded under the Supplemental 
81.8 	Security Income program, for the purpose of establishing or maintaining medical assistance 
81.9 	eligibility. This applies to all transfers, including those made by a community spouse after 
81.10 	the month in which the institutionalized spouse is determined eligible for medical assistance. 
81.11 	For purposes of determining eligibility for long-term care services, any transfer of such 
81.12 	assets within 36 months before or any time after an institutionalized person requests medical 
81.13 	assistance payment of long-term care services, or 36 months before or any time after a 
81.14 	medical assistance recipient becomes an institutionalized person, for less than fair market 
81.15 	value may be considered. Any such transfer is presumed to have been made for the purpose 
81.16 	of establishing or maintaining medical assistance eligibility and the institutionalized person 
81.17 	is ineligible for long-term care services for the period of time determined under subdivision 
81.18 	2, unless the institutionalized person furnishes convincing evidence to establish that the 
81.19 	transaction was exclusively for another purpose, or unless the transfer is permitted under 
81.20 	subdivision 3 or 4. In the case of payments from a trust or portions of a trust that are 
81.21 	considered transfers of assets under federal law, or in the case of any other disposal of assets 
81.22 	made on or after February 8, 2006, any transfers made within 60 months before or any time 
81.23 	after an institutionalized person requests medical assistance payment of long-term care 
81.24 	services and within 60 months before or any time after a medical assistance recipient becomes 
81.25 	an institutionalized person, may be considered.
81.26 	(b) This section applies to transfers, for less than fair market value, of income or assets, 
81.27 	including assets that are considered income in the month received, such as inheritances, 
81.28 	court settlements, and retroactive benefit payments or income to which the institutionalized 
81.29 	person or the institutionalized person's spouse is entitled but does not receive due to action 
81.30 	by the institutionalized person, the institutionalized person's spouse, or any person, court, 
81.31 	or administrative body with legal authority to act in place of, on behalf of, at the direction 
81.32 	of, or upon the request of the institutionalized person or the institutionalized person's spouse.
81.33 	(c) This section applies to payments for care or personal services provided by a relative, 
81.34 	unless the compensation was stipulated in a notarized, written agreement which that was 
81.35 	in existence when the service was performed, the care or services directly benefited the 
82.1 	person, and the payments made represented reasonable compensation for the care or services 
82.2 	provided. A notarized written agreement is not required if payment for the services was 
82.3 	made within 60 days after the service was provided.
82.4 	(d) This section applies to the portion of any asset or interest that an institutionalized 
82.5 	person, an institutionalized person's spouse, or any person, court, or administrative body 
82.6 	with legal authority to act in place of, on behalf of, at the direction of, or upon the request 
82.7 	of the institutionalized person or the institutionalized person's spouse, transfers to any 
82.8 	annuity that exceeds the value of the benefit likely to be returned to the institutionalized 
82.9 	person or institutionalized person's spouse while alive, based on estimated life expectancy 
82.10 	as determined according to the current actuarial tables published by the Office of the Chief 
82.11 	Actuary of the Social Security Administration. The commissioner may adopt rules reducing 
82.12 	life expectancies based on the need for long-term care. This section applies to an annuity 
82.13 	purchased on or after March 1, 2002, that:
82.14 	(1) is not purchased from an insurance company or financial institution that is subject 
82.15 	to licensing or regulation by the Minnesota Department of Commerce or a similar regulatory 
82.16 	agency of another state;
82.17 	(2) does not pay out principal and interest in equal monthly installments; or
82.18 	(3) does not begin payment at the earliest possible date after annuitization.
82.19 	(e) (d) Effective for transactions, including the purchase of an annuity, occurring on or 
82.20 	after February 8, 2006, by or on behalf of an institutionalized person who has applied for 
82.21 	or is receiving long-term care services or the institutionalized person's spouse shall be treated 
82.22 	as the disposal of an asset for less than fair market value unless the department is named a 
82.23 	preferred remainder beneficiary as described in section 256B.056, subdivision 11. Any 
82.24 	subsequent change to the designation of the department as a preferred remainder beneficiary 
82.25 	shall result in the annuity being treated as a disposal of assets for less than fair market value. 
82.26 	The amount of such transfer shall be the maximum amount the institutionalized person or 
82.27 	the institutionalized person's spouse could receive from the annuity or similar financial 
82.28 	instrument. Any change in the amount of the income or principal being withdrawn from the 
82.29 	annuity or other similar financial instrument at the time of the most recent disclosure shall 
82.30 	be deemed to be a transfer of assets for less than fair market value unless the institutionalized 
82.31 	person or the institutionalized person's spouse demonstrates that the transaction was for fair 
82.32 	market value. In the event a distribution of income or principal has been improperly 
82.33 	distributed or disbursed from an annuity or other retirement planning instrument of an 
82.34 	institutionalized person or the institutionalized person's spouse, a cause of action exists 
83.1 	against the individual receiving the improper distribution for the cost of medical assistance 
83.2 	services provided or the amount of the improper distribution, whichever is less.
83.3 	(f) (e) Effective for transactions, including the purchase of an annuity, occurring on or 
83.4 	after February 8, 2006, by or on behalf of an institutionalized person applying for or receiving 
83.5 	long-term care services shall be treated as a disposal of assets for less than fair market value 
83.6 	unless it is:
83.7 	(1) an annuity described in subsection (b) or (q) of section 408 of the Internal Revenue 
83.8 	Code of 1986; or
83.9 	(2) purchased with proceeds from:
83.10 	(i) an account or trust described in subsection (a), (c), or (p) of section 408 of the Internal 
83.11 	Revenue Code;
83.12 	(ii) a simplified employee pension within the meaning of section 408(k) of the Internal 
83.13 	Revenue Code; or
83.14 	(iii) a Roth IRA described in section 408A of the Internal Revenue Code; or
83.15 	(3) an annuity that is irrevocable and nonassignable; is actuarially sound as determined 
83.16 	in accordance with actuarial publications of the Office of the Chief Actuary of the Social 
83.17 	Security Administration; and provides for payments in equal amounts during the term of 
83.18 	the annuity, with no deferral and no balloon payments made.
83.19 	(g) (f) For purposes of this section, long-term care services include services in a nursing 
83.20 	facility, services that are eligible for payment according to section 256B.0625, subdivision 
83.21 	2, because they are provided in a swing bed, intermediate care facility for persons with 
83.22 	developmental disabilities, and home and community-based services provided pursuant to 
83.23 	chapter 256S and sections 256B.092 and 256B.49. For purposes of this subdivision and 
83.24 	subdivisions 2, 3, and 4, "institutionalized person" includes a person who is an inpatient in 
83.25 	a nursing facility or in a swing bed, or intermediate care facility for persons with 
83.26 	developmental disabilities or who is receiving home and community-based services under 
83.27 	chapter 256S and sections 256B.092 and 256B.49.
83.28 	(h) (g) This section applies to funds used to purchase a promissory note, loan, or mortgage 
83.29 	unless the note, loan, or mortgage:
83.30 	(1) has a repayment term that is actuarially sound;
83.31 	(2) provides for payments to be made in equal amounts during the term of the loan, with 
83.32 	no deferral and no balloon payments made; and
84.1 	(3) prohibits the cancellation of the balance upon the death of the lender.
84.2 	(h) In the case of a promissory note, loan, or mortgage that does not meet an exception 
84.3 	in paragraph (g), clauses (1) to (3), the value of such note, loan, or mortgage shall be the 
84.4 	outstanding balance due as of the date of the institutionalized person's request for medical 
84.5 	assistance payment of long-term care services.
84.6 	(i) This section applies to the purchase of a life estate interest in another person's home 
84.7 	unless the purchaser resides in the home for a period of at least one year after the date of 
84.8 	purchase.
84.9 	(j) This section applies to transfers into a pooled trust that qualifies under United States 
84.10 	Code, title 42, section 1396p(d)(4)(C), by:
84.11 	(1) a person age 65 or older or the person's spouse; or
84.12 	(2) any person, court, or administrative body with legal authority to act in place of, on 
84.13 	behalf of, at the direction of, or upon the request of a person age 65 or older or the person's 
84.14 	spouse.

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

84.16 	Sec. 9. Minnesota Statutes 2020, section 256B.0625, subdivision 64, is amended to read:
84.17 		Subd. 64.Investigational drugs, biological products, devices, and clinical 
84.18 	trials.  Medical assistance and the early periodic screening, diagnosis, and treatment (EPSDT) 
84.19 	program do not cover the costs of any services that are incidental to, associated with, or 
84.20 	resulting from the use of investigational drugs, biological products, or devices as defined 
84.21 	in section 151.375 or any other treatment that is part of an approved clinical trial as defined 
84.22 	in section 62Q.526. Participation of an enrollee in an approved clinical trial does not preclude 
84.23 	coverage of medically necessary services covered under this chapter that are not related to 
84.24 	the approved clinical trial. Any items or services that are provided solely to satisfy data 
84.25 	collection and analysis for a clinical trial, and not for direct clinical management of the 
84.26 	enrollee, are not covered.

84.27 	Sec. 10. Minnesota Statutes 2021 Supplement, section 256B.0638, subdivision 5, is 
84.28 	amended to read:
84.29 		Subd. 5.Program implementation. (a) The commissioner shall implement the programs 
84.30 	within the Minnesota health care program to improve the health of and quality of care 
84.31 	provided to Minnesota health care program enrollees. The commissioner shall annually 
84.32 	collect and report to provider groups the sentinel measures of data showing individual opioid 
85.1 	prescribers' opioid prescribing patterns compared to their anonymized peers. Provider groups 
85.2 	shall distribute data to their affiliated, contracted, or employed opioid prescribers.
85.3 	(b) The commissioner shall notify an opioid prescriber and all provider groups with 
85.4 	which the opioid prescriber is employed or affiliated when the opioid prescriber's prescribing 
85.5 	pattern exceeds the opioid quality improvement standard thresholds. An opioid prescriber 
85.6 	and any provider group that receives a notice under this paragraph shall submit to the 
85.7 	commissioner a quality improvement plan for review and approval by the commissioner 
85.8 	with the goal of bringing the opioid prescriber's prescribing practices into alignment with 
85.9 	community standards. A quality improvement plan must include:
85.10 	(1) components of the program described in subdivision 4, paragraph (a);
85.11 	(2) internal practice-based measures to review the prescribing practice of the opioid 
85.12 	prescriber and, where appropriate, any other opioid prescribers employed by or affiliated 
85.13 	with any of the provider groups with which the opioid prescriber is employed or affiliated; 
85.14 	and
85.15 	(3) appropriate use of the prescription monitoring program under section 152.126.
85.16 	(c) If, after a year from the commissioner's notice under paragraph (b), the opioid 
85.17 	prescriber's prescribing practices do not improve so that they are consistent with community 
85.18 	standards, the commissioner shall take one or more of the following steps:
85.19 	(1) monitor prescribing practices more frequently than annually;
85.20 	(2) monitor more aspects of the opioid prescriber's prescribing practices than the sentinel 
85.21 	measures; or
85.22 	(3) require the opioid prescriber to participate in additional quality improvement efforts, 
85.23 	including but not limited to mandatory use of the prescription monitoring program established 
85.24 	under section 152.126.
85.25 	(d) The commissioner shall terminate from Minnesota health care programs all opioid 
85.26 	prescribers and provider groups whose prescribing practices fall within the applicable opioid 
85.27 	disenrollment standards.
85.28 	(e) No physician, advanced practice registered nurse, or physician assistant, acting in 
85.29 	good faith based on the needs of the patient, may be disenrolled by the commissioner of 
85.30 	human services solely for prescribing a dosage that equates to an upward deviation from 
85.31 	morphine milligram equivalent dosage recommendations specified in state or federal opioid 
85.32 	prescribing guidelines or policies, or quality improvement thresholds established under this 
85.33 	section.

86.1 	Sec. 11. Minnesota Statutes 2021 Supplement, section 256B.69, subdivision 9f, is amended 
86.2 	to read:
86.3 		Subd. 9f.Annual report on provider reimbursement rates. (a) The commissioner, 
86.4 	by December 15 of each year, beginning December 15, 2021, shall submit to the chairs and 
86.5 	ranking minority members of the legislative committees with jurisdiction over health care 
86.6 	policy and finance a report on managed care and county-based purchasing plan provider 
86.7 	reimbursement rates.
86.8 	(b) The report must include, for each managed care and county-based purchasing plan, 
86.9 	the mean and median provider reimbursement rates by county for the calendar year preceding 
86.10 	the reporting year, for the five most common billing codes statewide across all plans, in 
86.11 	each of the following provider service categories if within the county there are more than 
86.12 	three medical assistance enrolled providers providing the specific service within the specific 
86.13 	category:
86.14 	(1) physician prenatal services;
86.15 	(2) physician preventive services;
86.16 	(3) physician services other than prenatal or preventive;
86.17 	(4) dental services;
86.18 	(5) inpatient hospital services;
86.19 	(6) outpatient hospital services; and
86.20 	(7) mental health services; and
86.21 	(8) substance use disorder services.
86.22 	(c) The commissioner shall also include in the report:
86.23 	(1) the mean and median reimbursement rates across all plans by county for the calendar 
86.24 	year preceding the reporting year for the billing codes and provider service categories 
86.25 	described in paragraph (b); and
86.26 	(2) the mean and median fee-for-service reimbursement rates by county for the calendar 
86.27 	year preceding the reporting year for the billing codes and provider service categories 
86.28 	described in paragraph (b).

86.29 	Sec. 12. [256B.6903] OMBUDSPERSON FOR MANAGED CARE.
86.30 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
86.31 	the meanings given them.
87.1 	(b) "Adverse benefit determination" has the meaning provided in Code of Federal 
87.2 	Regulations, title 42, section 438.400, subpart (b).
87.3 	(c) "Appeal" means an oral or written request from an enrollee to the managed care 
87.4 	organization for review of an adverse benefit determination.
87.5 	(d) "Commissioner" means the commissioner of human services.
87.6 	(e) "Complaint" means an enrollee's informal expression of dissatisfaction about any 
87.7 	matter relating to the enrollee's prepaid health plan other than an adverse benefit 
87.8 	determination.
87.9 	(f) "Data analyst" means the person employed by the ombudsperson that uses research 
87.10 	methodologies to conduct research on data collected from prepaid health plans, including 
87.11 	but not limited to scientific theory; hypothesis testing; survey research techniques; data 
87.12 	collection; data manipulation; and statistical analysis interpretation, including multiple 
87.13 	regression techniques.
87.14 	(g) "Enrollee" means a person enrolled in a prepaid health plan under section 256B.69. 
87.15 	When applicable, an enrollee includes an enrollee's authorized representative.
87.16 	(h) "External review" means the process described under Code of Federal Regulations, 
87.17 	title 42, section 438.408, subpart (f); and section 62Q.73, subdivision 2.
87.18 	(i) "Grievance" means an enrollee's expression of dissatisfaction about any matter relating 
87.19 	to the enrollee's prepaid health plan other than an adverse benefit determination that follows 
87.20 	the procedures outlined in Code of Federal Regulations, title 42, part 438, subpart (f). A 
87.21 	grievance may include but is not limited to concerns relating to quality of care, services 
87.22 	provided, or failure to respect an enrollee's rights under a prepaid health plan.
87.23 	(j) "Managed care advocate" means a county or Tribal employee who works with 
87.24 	managed care enrollees when the enrollee has service, billing, or access problems with the 
87.25 	enrollee's prepaid health plan.
87.26 	(k) "Prepaid health plan" means a plan under contract with the commissioner according 
87.27 	to section 256B.69.
87.28 	(l) "State fair hearing" means the appeals process mandated under section 256.045, 
87.29 	subdivision 3a.
87.30 		Subd. 2.Ombudsperson. The commissioner must designate an ombudsperson to advocate 
87.31 	for enrollees. At the time of enrollment in a prepaid health plan, the local agency must 
87.32 	inform enrollees about the ombudsperson.
88.1 		Subd. 3.Duties and cost. (a) The ombudsperson must work to ensure enrollees receive 
88.2 	covered services as described in the enrollee's prepaid health plan by:
88.3 	(1) providing assistance and education to enrollees, when requested, regarding covered 
88.4 	health care benefits or services; billing and access; or the grievance, appeal, or state fair 
88.5 	hearing processes;
88.6 	(2) with the enrollee's permission and within the ombudsperson's discretion, using an 
88.7 	informal review process to assist an enrollee with a resolution involving the enrollee's 
88.8 	prepaid health plan's benefits;
88.9 	(3) assisting enrollees, when requested, with prepaid health plan grievances, appeals, or 
88.10 	the state fair hearing process;
88.11 	(4) overseeing, reviewing, and approving documents used by enrollees relating to prepaid 
88.12 	health plans' grievances, appeals, and state fair hearings;
88.13 	(5) reviewing all state fair hearings and requests by enrollees for external review; 
88.14 	overseeing entities under contract to provide external reviews, processes, and payments for 
88.15 	services; and utilizing aggregated results of external reviews to recommend health care 
88.16 	benefits policy changes; and
88.17 	(6) providing trainings to managed care advocates.
88.18 	(b) The ombudsperson must not charge an enrollee for the ombudsperson's services.
88.19 		Subd. 4.Powers. In exercising the ombudsperson's authority under this section, the 
88.20 	ombudsperson may:
88.21 	(1) gather information and evaluate any practice, policy, procedure, or action by a prepaid 
88.22 	health plan, state human services agency, county, or Tribe; and
88.23 	(2) prescribe the methods by which complaints are to be made, received, and acted upon. 
88.24 	The ombudsperson's authority under this clause includes but is not limited to:
88.25 	(i) determining the scope and manner of a complaint;
88.26 	(ii) holding a prepaid health plan accountable to address a complaint in a timely manner 
88.27 	as outlined in state and federal laws;
88.28 	(iii) requiring a prepaid health plan to respond in a timely manner to a request for data, 
88.29 	case details, and other information as needed to help resolve a complaint or to improve a 
88.30 	prepaid health plan's policy; and
89.1 	(iv) making recommendations for policy, administrative, or legislative changes regarding 
89.2 	prepaid health plans to the proper partners.
89.3 		Subd. 5.Data. (a) The data analyst must review and analyze prepaid health plan data 
89.4 	on denial, termination, and reduction notices (DTRs), grievances, appeals, and state fair 
89.5 	hearings by:
89.6 	(1) analyzing, reviewing, and reporting on DTRs, grievances, appeals, and state fair 
89.7 	hearings data collected from each prepaid health plan;
89.8 	(2) collaborating with the commissioner's partners and the Department of Health for the 
89.9 	Triennial Compliance Assessment under Code of Federal Regulations, title 42, section 
89.10 	438.358, subpart (b);
89.11 	(3) reviewing state fair hearing decisions for policy or coverage issues that may affect 
89.12 	enrollees; and
89.13 	(4) providing data required under Code of Federal Regulations, title 42, section 438.66 
89.14 	(2016), to the Centers for Medicare and Medicaid Services.
89.15 	(b) The data analyst must share the data analyst's data observations and trends under 
89.16 	this subdivision with the ombudsperson, prepaid health plans, and commissioner's partners.
89.17 		Subd. 6.Collaboration and independence. (a) The ombudsperson must work in 
89.18 	collaboration with the commissioner and the commissioner's partners when the 
89.19 	ombudsperson's collaboration does not otherwise interfere with the ombudsperson's duties 
89.20 	under this section.
89.21 	(b) The ombudsperson may act independently of the commissioner when:
89.22 	(1) providing information or testimony to the legislature; and
89.23 	(2) contacting and making reports to federal and state officials.
89.24 		Subd. 7.Civil actions. The ombudsperson is not civilly liable for actions taken under 
89.25 	this section if the action was taken in good faith, was within the scope of the ombudsperson's 
89.26 	authority, and did not constitute willful or reckless misconduct.

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

89.28 	Sec. 13. Minnesota Statutes 2020, section 256B.77, subdivision 13, is amended to read:
89.29 		Subd. 13.Ombudsman. Enrollees shall have access to ombudsman services established 
89.30 	in section 256B.69, subdivision 20 256B.6903, and advocacy services provided by the 
89.31 	ombudsman for mental health and developmental disabilities established in sections 245.91
90.1 	to 245.97. The managed care ombudsman and the ombudsman for mental health and 
90.2 	developmental disabilities shall coordinate services provided to avoid duplication of services. 
90.3 	For purposes of the demonstration project, the powers and responsibilities of the Office of 
90.4 	Ombudsman for Mental Health and Developmental Disabilities, as provided in sections 
90.5 	245.91 to 245.97 are expanded to include all eligible individuals, health plan companies, 
90.6 	agencies, and providers participating in the demonstration project.

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

90.8 	Sec. 14. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; 
90.9 	ENTERAL NUTRITION AND SUPPLIES.
 90.10 	Notwithstanding Minnesota Statutes, section 256B.766, paragraph (i), but subject to 
90.11 	Minnesota Statutes, section 256B.766, paragraph (l), effective for dates of service on or 
90.12 	after the effective date of this section through June 30, 2023, the commissioner of human 
90.13 	services shall not adjust rates paid for enteral nutrition and supplies.

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

90.15 	Sec. 15. TEMPORARY TELEPHONE-ONLY TELEHEALTH AUTHORIZATION.
 90.16 	Beginning July 1, 2021, and until the COVID-19 federal public health emergency ends 
90.17 	or July 1, 2023, whichever is earlier, telehealth visits, as described in Minnesota Statutes, 
90.18 	section 256B.0625, subdivision 3b, provided through telephone may satisfy the face-to-face 
90.19 	requirements for reimbursement under the payment methods that apply to a federally qualified 
90.20 	health center, rural health clinic, Indian health service, 638 Tribal clinic, and certified 
90.21 	community behavioral health clinic, if the service would have otherwise qualified for 
90.22 	payment if performed in person.

90.23 	EFFECTIVE DATE. This section is effective retroactively from July 1, 2021, and 
90.24 	expires when the COVID-19 federal public health emergency ends or July 1, 2023, whichever 
90.25 	is earlier. The commissioner of human services shall notify the revisor of statutes when this 
90.26 	section expires.

90.27 	Sec. 16. REPEALER.
 90.28 	(a) Minnesota Statutes 2020, section 256B.057, subdivision 7, is repealed on July 1, 
90.29 	2022.
90.30 	(b) Minnesota Statutes 2020, sections 256B.69, subdivision 20; 501C.0408, subdivision 
90.31 	4; and 501C.1206, are repealed the day following final enactment.

91.1 	ARTICLE 3
91.2 	HEALTH-RELATED LICENSING BOARDS

91.3 	Section 1. Minnesota Statutes 2020, section 148B.33, is amended by adding a subdivision 
91.4 	to read:
91.5 		Subd. 1a.Supervision requirement; postgraduate experience. The board must allow 
91.6 	an applicant to satisfy the requirement for supervised postgraduate experience in marriage 
91.7 	and family therapy with all required hours of supervision provided through real-time, 
91.8 	two-way interactive audio and visual communication.

91.9 	EFFECTIVE DATE. This section is effective the day following final enactment and 
91.10 	applies to supervision requirements in effect on or after that date.

91.11 	Sec. 2. Minnesota Statutes 2021 Supplement, section 148B.5301, subdivision 2, is amended 
91.12 	to read:
91.13 		Subd. 2.Supervision. (a) To qualify as a LPCC, an applicant must have completed 
91.14 	4,000 hours of post-master's degree supervised professional practice in the delivery of 
91.15 	clinical services in the diagnosis and treatment of mental illnesses and disorders in both 
91.16 	children and adults. The supervised practice shall be conducted according to the requirements 
91.17 	in paragraphs (b) to (e).
91.18 	(b) The supervision must have been received under a contract that defines clinical practice 
91.19 	and supervision from a mental health professional who is qualified according to section 
91.20 	245I.04, subdivision 2, or by a board-approved supervisor, who has at least two years of 
91.21 	postlicensure experience in the delivery of clinical services in the diagnosis and treatment 
91.22 	of mental illnesses and disorders. All supervisors must meet the supervisor requirements in 
91.23 	Minnesota Rules, part 2150.5010.
91.24 	(c) The supervision must be obtained at the rate of two hours of supervision per 40 hours 
91.25 	of professional practice. The supervision must be evenly distributed over the course of the 
91.26 	supervised professional practice. At least 75 percent of the required supervision hours must 
91.27 	be received in person or through real-time, two-way interactive audio and visual 
91.28 	communication, and the board must allow an applicant to satisfy this supervision requirement 
91.29 	with all required hours of supervision received through real-time, two-way interactive audio 
91.30 	and visual communication. The remaining 25 percent of the required hours may be received 
91.31 	by telephone or by audio or audiovisual electronic device. At least 50 percent of the required 
91.32 	hours of supervision must be received on an individual basis. The remaining 50 percent 
91.33 	may be received in a group setting.
92.1 	(d) The supervised practice must include at least 1,800 hours of clinical client contact.
92.2 	(e) The supervised practice must be clinical practice. Supervision includes the observation 
92.3 	by the supervisor of the successful application of professional counseling knowledge, skills, 
92.4 	and values in the differential diagnosis and treatment of psychosocial function, disability, 
92.5 	or impairment, including addictions and emotional, mental, and behavioral disorders.

92.6 	EFFECTIVE DATE. This section is effective the day following final enactment and 
92.7 	applies to supervision requirements in effect on or after that date.

92.8 	Sec. 3. Minnesota Statutes 2020, section 148E.100, subdivision 3, is amended to read:
92.9 		Subd. 3.Types of supervision. Of the 100 hours of supervision required under 
92.10 	subdivision 1:
92.11 	(1) 50 hours must be provided through one-on-one supervision, including: (i) a minimum 
92.12 	of 25 hours of in-person supervision, and (ii) no more than 25 hours of supervision. The 
92.13 	supervision must be provided either in person or via eye-to-eye electronic media, while 
92.14 	maintaining visual contact. The board must allow a licensed social worker to satisfy the 
92.15 	supervision requirement of this clause with all required hours of supervision provided via 
92.16 	eye-to-eye electronic media, while maintaining visual contact; and
92.17 	(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 
92.18 	supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic 
92.19 	media, while maintaining visual contact. The supervision must not be provided by e-mail. 
92.20 	Group supervision is limited to six supervisees.

92.21 	EFFECTIVE DATE. This section is effective the day following final enactment and 
92.22 	applies to supervision requirements in effect on or after that date.

92.23 	Sec. 4. Minnesota Statutes 2020, section 148E.105, subdivision 3, as amended by Laws 
92.24 	2022, chapter 55, article 1, section 42, is amended to read:
92.25 		Subd. 3.Types of supervision. Of the 100 hours of supervision required under 
92.26 	subdivision 1:
92.27 	(1) 50 hours must be provided through one-on-one supervision, including: (i) a minimum 
92.28 	of 25 hours of in-person supervision, and (ii) no more than 25 hours of supervision. The 
92.29 	supervision must be provided either in person or via eye-to-eye electronic media, while 
92.30 	maintaining visual contact. The board must allow a licensed graduate social worker to satisfy 
92.31 	the supervision requirement of this clause with all required hours of supervision provided 
92.32 	via eye-to-eye electronic media, while maintaining visual contact; and
93.1 	(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 
93.2 	supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic 
93.3 	media, while maintaining visual contact. The supervision must not be provided by e-mail. 
93.4 	Group supervision is limited to six supervisees.

93.5 	EFFECTIVE DATE. This section is effective the day following final enactment and 
93.6 	applies to supervision requirements in effect on or after that date.

93.7 	Sec. 5. Minnesota Statutes 2020, section 148E.106, subdivision 3, is amended to read:
93.8 		Subd. 3.Types of supervision. Of the 200 hours of supervision required under 
93.9 	subdivision 1:
93.10 	(1) 100 hours must be provided through one-on-one supervision, including: (i) a minimum 
93.11 	of 50 hours of in-person supervision, and (ii) no more than 50 hours of supervision. The 
93.12 	supervision must be provided either in person or via eye-to-eye electronic media, while 
93.13 	maintaining visual contact. The board must allow a licensed graduate social worker to satisfy 
93.14 	the supervision requirement of this clause with all required hours of supervision provided 
93.15 	via eye-to-eye electronic media, while maintaining visual contact; and
93.16 	(2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group 
93.17 	supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic 
93.18 	media, while maintaining visual contact. The supervision must not be provided by e-mail. 
93.19 	Group supervision is limited to six supervisees.

93.20 	EFFECTIVE DATE. This section is effective the day following final enactment and 
93.21 	applies to supervision requirements in effect on or after that date.

93.22 	Sec. 6. Minnesota Statutes 2020, section 148E.110, subdivision 7, is amended to read:
93.23 		Subd. 7.Supervision; clinical social work practice after licensure as licensed 
93.24 	independent social worker. Of the 200 hours of supervision required under subdivision 
93.25 	5:
93.26 	(1) 100 hours must be provided through one-on-one supervision, including:. The 
93.27 	supervision must be provided either in person or via eye-to-eye electronic media, while 
93.28 	maintaining visual contact. The board must allow a licensed independent social worker to 
93.29 	satisfy the supervision requirement of this clause with all required hours of supervision 
93.30 	provided via eye-to-eye electronic media, while maintaining visual contact; and
93.31 	(i) a minimum of 50 hours of in-person supervision; and
94.1 	(ii) no more than 50 hours of supervision via eye-to-eye electronic media, while 
94.2 	maintaining visual contact; and
94.3 	(2) 100 hours must be provided through:
94.4 	(i) one-on-one supervision; or
94.5 	(ii) group supervision.
94.6 	The supervision may be in person, by telephone, or via eye-to-eye electronic media, while 
94.7 	maintaining visual contact. The supervision must not be provided by e-mail. Group 
94.8 	supervision is limited to six supervisees.

94.9 	EFFECTIVE DATE. This section is effective the day following final enactment and 
94.10 	applies to supervision requirements in effect on or after that date.

94.11 	Sec. 7. Minnesota Statutes 2020, section 150A.06, subdivision 1c, is amended to read:
94.12 		Subd. 1c.Specialty dentists. (a) The board may grant one or more specialty licenses in 
94.13 	the specialty areas of dentistry that are recognized by the Commission on Dental 
94.14 	Accreditation.
94.15 	(b) An applicant for a specialty license shall:
94.16 	(1) have successfully completed a postdoctoral specialty program accredited by the 
94.17 	Commission on Dental Accreditation, or have announced a limitation of practice before 
94.18 	1967;
94.19 	(2) have been certified by a specialty board approved by the Minnesota Board of 
94.20 	Dentistry, or provide evidence of having passed a clinical examination for licensure required 
94.21 	for practice in any state or Canadian province, or in the case of oral and maxillofacial 
94.22 	surgeons only, have a Minnesota medical license in good standing;
94.23 	(3) have been in active practice or a postdoctoral specialty education program or United 
94.24 	States government service at least 2,000 hours in the 36 months prior to applying for a 
94.25 	specialty license;
94.26 	(4) if requested by the board, be interviewed by a committee of the board, which may 
94.27 	include the assistance of specialists in the evaluation process, and satisfactorily respond to 
94.28 	questions designed to determine the applicant's knowledge of dental subjects and ability to 
94.29 	practice;
94.30 	(5) if requested by the board, present complete records on a sample of patients treated 
94.31 	by the applicant. The sample must be drawn from patients treated by the applicant during 
95.1 	the 36 months preceding the date of application. The number of records shall be established 
95.2 	by the board. The records shall be reasonably representative of the treatment typically 
95.3 	provided by the applicant for each specialty area;
95.4 	(6) at board discretion, pass a board-approved English proficiency test if English is not 
95.5 	the applicant's primary language;
95.6 	(7) pass all components of the National Board Dental Examinations;
95.7 	(8) pass the Minnesota Board of Dentistry jurisprudence examination;
95.8 	(9) abide by professional ethical conduct requirements; and
95.9 	(10) meet all other requirements prescribed by the Board of Dentistry.
95.10 	(c) The application must include:
95.11 	(1) a completed application furnished by the board;
95.12 	(2) at least two character references from two different dentists for each specialty area, 
95.13 	one of whom must be a dentist practicing in the same specialty area, and the other from the 
95.14 	director of each specialty program attended;
95.15 	(3) a licensed physician's statement attesting to the applicant's physical and mental 
95.16 	condition;
95.17 	(4) a statement from a licensed ophthalmologist or optometrist attesting to the applicant's 
95.18 	visual acuity;
95.19 	(5) (2) a nonrefundable fee; and
95.20 	(6) (3) a notarized, unmounted passport-type photograph, three inches by three inches, 
95.21 	taken not more than six months before the date of application copy of the applicant's 
95.22 	government issued photo identification card.
95.23 	(d) A specialty dentist holding one or more specialty licenses is limited to practicing in 
95.24 	the dentist's designated specialty area or areas. The scope of practice must be defined by 
95.25 	each national specialty board recognized by the Commission on Dental Accreditation.
95.26 	(e) A specialty dentist holding a general dental license is limited to practicing in the 
95.27 	dentist's designated specialty area or areas if the dentist has announced a limitation of 
95.28 	practice. The scope of practice must be defined by each national specialty board recognized 
95.29 	by the Commission on Dental Accreditation.
96.1 	(f) All specialty dentists who have fulfilled the specialty dentist requirements and who 
96.2 	intend to limit their practice to a particular specialty area or areas may apply for one or more 
96.3 	specialty licenses.

96.4 	Sec. 8. Minnesota Statutes 2020, section 150A.06, subdivision 2c, is amended to read:
96.5 		Subd. 2c.Guest license. (a) The board shall grant a guest license to practice as a dentist, 
96.6 	dental hygienist, or licensed dental assistant if the following conditions are met:
96.7 	(1) the dentist, dental hygienist, or dental assistant is currently licensed in good standing 
96.8 	in another United States jurisdiction;
96.9 	(2) the dentist, dental hygienist, or dental assistant is currently engaged in the practice 
96.10 	of that person's respective profession in another United States jurisdiction;
96.11 	(3) the dentist, dental hygienist, or dental assistant will limit that person's practice to a 
96.12 	public health setting in Minnesota that (i) is approved by the board; (ii) was established by 
96.13 	a nonprofit organization that is tax exempt under chapter 501(c)(3) of the Internal Revenue 
96.14 	Code of 1986; and (iii) provides dental care to patients who have difficulty accessing dental 
96.15 	care;
96.16 	(4) the dentist, dental hygienist, or dental assistant agrees to treat indigent patients who 
96.17 	meet the eligibility criteria established by the clinic; and
96.18 	(5) the dentist, dental hygienist, or dental assistant has applied to the board for a guest 
96.19 	license and has paid a nonrefundable license fee to the board not to exceed $75.
96.20 	(b) A guest license must be renewed annually with the board and an annual renewal fee 
96.21 	not to exceed $75 must be paid to the board. Guest licenses expire on December 31 of each 
96.22 	year.
96.23 	(c) A dentist, dental hygienist, or dental assistant practicing under a guest license under 
96.24 	this subdivision shall have the same obligations as a dentist, dental hygienist, or dental 
96.25 	assistant who is licensed in Minnesota and shall be subject to the laws and rules of Minnesota 
96.26 	and the regulatory authority of the board. If the board suspends or revokes the guest license 
96.27 	of, or otherwise disciplines, a dentist, dental hygienist, or dental assistant practicing under 
96.28 	this subdivision, the board shall promptly report such disciplinary action to the dentist's, 
96.29 	dental hygienist's, or dental assistant's regulatory board in the jurisdictions in which they 
96.30 	are licensed.
96.31 	(d) The board may grant a guest license to a dentist, dental hygienist, or dental assistant 
96.32 	licensed in another United States jurisdiction to provide dental care to patients on a voluntary 
97.1 	basis without compensation for a limited period of time. The board shall not assess a fee 
97.2 	for the guest license for volunteer services issued under this paragraph.
97.3 	(e) The board shall issue a guest license for volunteer services if:
97.4 	(1) the board determines that the applicant's services will provide dental care to patients 
97.5 	who have difficulty accessing dental care;
97.6 	(2) the care will be provided without compensation; and
97.7 	(3) the applicant provides adequate proof of the status of all licenses to practice in other 
97.8 	jurisdictions. The board may require such proof on an application form developed by the 
97.9 	board.
97.10 	(f) The guest license for volunteer services shall limit the licensee to providing dental 
97.11 	care services for a period of time not to exceed ten days in a calendar year. Guest licenses 
97.12 	expire on December 31 of each year.
97.13 	(g) The holder of a guest license for volunteer services shall be subject to state laws and 
97.14 	rules regarding dentistry and the regulatory authority of the board. The board may revoke 
97.15 	the license of a dentist, dental hygienist, or dental assistant practicing under this subdivision 
97.16 	or take other regulatory action against the dentist, dental hygienist, or dental assistant. If an 
97.17 	action is taken, the board shall report the action to the regulatory board of those jurisdictions 
97.18 	where an active license is held by the dentist, dental hygienist, or dental assistant.

97.19 	Sec. 9. Minnesota Statutes 2020, section 150A.06, subdivision 6, is amended to read:
97.20 		Subd. 6.Display of name and certificates. (a) The renewal certificate of every dentist, 
97.21 	dental therapist, dental hygienist, or dental assistant every licensee or registrant must be 
97.22 	conspicuously displayed in plain sight of patients in every office in which that person 
97.23 	practices. Duplicate renewal certificates may be obtained from the board.
97.24 	(b) Near or on the entrance door to every office where dentistry is practiced, the name 
97.25 	of each dentist practicing there, as inscribed on the current license certificate, must be 
97.26 	displayed in plain sight.
97.27 	(c) The board must allow the display of a mini-license for guest license holders 
97.28 	performing volunteer dental services. There is no fee for the mini-license for guest volunteers.

98.1 	Sec. 10. Minnesota Statutes 2020, section 150A.06, is amended by adding a subdivision 
98.2 	to read:
98.3 		Subd. 12.Licensure by credentials for dental therapy. (a) Any dental therapist may, 
98.4 	upon application and payment of a fee established by the board, apply for licensure based 
98.5 	on an evaluation of the applicant's education, experience, and performance record. The 
98.6 	applicant may be interviewed by the board to determine if the applicant:
98.7 	(1) graduated with a baccalaureate or master's degree from a dental therapy program 
98.8 	accredited by the Commission on Dental Accreditation;
98.9 	(2) provided evidence of successfully completing the board's jurisprudence examination;
98.10 	(3) actively practiced at least 2,000 hours within 36 months of the application date or 
98.11 	passed a board-approved reentry program within 36 months of the application date;
98.12 	(4) either:
98.13 	(i) is currently licensed in another state or Canadian province and not subject to any 
98.14 	pending or final disciplinary action; or
98.15 	(ii) was previously licensed in another state or Canadian province in good standing and 
98.16 	not subject to any final or pending disciplinary action at the time of surrender;
98.17 	(5) passed a board-approved English proficiency test if English is not the applicant's 
98.18 	primary language required at the board's discretion; and
98.19 	(6) met all curriculum equivalency requirements regarding dental therapy scope of 
98.20 	practice in Minnesota.
98.21 	(b) The 2,000 practice hours required by clause (3) may count toward the 2,000 practice 
98.22 	hours required for consideration for advanced dental therapy certification, provided that all 
98.23 	other requirements of section 150A.106, subdivision 1, are met.
98.24 	(c) The board, at its discretion, may waive specific licensure requirements in paragraph 
98.25 	(a).
98.26 	(d) The board must license an applicant who fulfills the conditions of this subdivision 
98.27 	and demonstrates the minimum knowledge in dental subjects required for licensure under 
98.28 	subdivision 1d to practice the applicant's profession.
98.29 	(e) The board must deny the application if the applicant does not demonstrate the 
98.30 	minimum knowledge in dental subjects required for licensure under subdivision 1d. If 
98.31 	licensure is denied, the board may notify the applicant of any specific remedy the applicant 
99.1 	could take to qualify for licensure. A denial does not prohibit the applicant from applying 
99.2 	for licensure under subdivision 1d.
99.3 	(f) A candidate may appeal a denied application to the board according to subdivision 
99.4 	4a.

99.5 	Sec. 11. Minnesota Statutes 2020, section 150A.09, is amended to read:
99.6 	150A.09 REGISTRATION OF LICENSES AND OR REGISTRATION 
99.7 	CERTIFICATES.
99.8 		Subdivision 1.Registration information and procedure. On or before the license 
99.9 	certificate expiration date every licensed dentist, dental therapist, dental hygienist, and 
99.10 	dental assistant licensee or registrant shall transmit to the executive secretary of the board, 
99.11 	pertinent information submit the renewal required by the board, together with the applicable
99.12 	fee established by the board under section 150A.091. At least 30 days before a license 
99.13 	certificate expiration date, the board shall send a written notice stating the amount and due 
99.14 	date of the fee and the information to be provided to every licensed dentist, dental therapist, 
99.15 	dental hygienist, and dental assistant.
99.16 		Subd. 3.Current address, change of address. Every dentist, dental therapist, dental 
99.17 	hygienist, and dental assistant licensee or registrant shall maintain with the board a correct 
99.18 	and current mailing address and electronic mail address. For dentists engaged in the practice 
99.19 	of dentistry, the postal address shall be that of the location of the primary dental practice. 
99.20 	Within 30 days after changing postal or electronic mail addresses, every dentist, dental 
99.21 	therapist, dental hygienist, and dental assistant licensee or registrant shall provide the board 
99.22 	written notice of the new address either personally or by first class mail.
99.23 		Subd. 4.Duplicate certificates. Duplicate licenses or duplicate certificates of license
99.24 	renewal may be issued by the board upon satisfactory proof of the need for the duplicates 
99.25 	and upon payment of the fee established by the board.
99.26 		Subd. 5.Late fee. A late fee established by the board shall be paid if the information 
99.27 	and fee required by subdivision 1 is not received by the executive secretary of the board on 
99.28 	or before the registration or license renewal date.

99.29 	Sec. 12. Minnesota Statutes 2020, section 150A.091, subdivision 2, is amended to read:
99.30 		Subd. 2.Application and initial license or registration fees. Each applicant shall 
99.31 	submit with a license, advanced dental therapist certificate, or permit application a 
100.1 	nonrefundable fee in the following amounts in order to administratively process an 
100.2 	application:
100.3 	(1) dentist, $140 $308;
100.4 	(2) full faculty dentist, $140 $308;
100.5 	(3) limited faculty dentist, $140;
100.6 	(4) resident dentist or dental provider, $55;
100.7 	(5) advanced dental therapist, $100;
100.8 	(6) dental therapist, $100 $220;
100.9 	(7) dental hygienist, $55 $115;
100.10 	(8) licensed dental assistant, $55; and $115;
100.11 	(9) dental assistant with a permit registration as described in Minnesota Rules, part 
100.12 	3100.8500, subpart 3, $15. $27; and
100.13 	(10) guest license, $50.

100.14 	Sec. 13. Minnesota Statutes 2020, section 150A.091, subdivision 5, is amended to read:
100.15 		Subd. 5.Biennial license or permit registration renewal fees. Each of the following 
100.16 	applicants shall submit with a biennial license or permit renewal application a fee as 
100.17 	established by the board, not to exceed the following amounts:
100.18 	(1) dentist or full faculty dentist, $475;
100.19 	(2) dental therapist, $300;
100.20 	(3) dental hygienist, $200;
100.21 	(4) licensed dental assistant, $150; and
100.22 	(5) dental assistant with a permit registration as described in Minnesota Rules, part 
100.23 	3100.8500, subpart 3, $24.

100.24 	Sec. 14. Minnesota Statutes 2020, section 150A.091, subdivision 8, is amended to read:
100.25 		Subd. 8.Duplicate license or certificate fee. Each applicant shall submit, with a request 
100.26 	for issuance of a duplicate of the original license, or of an annual or biennial renewal 
100.27 	certificate for a license or permit, a fee in the following amounts:
101.1 	(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental assistant 
101.2 	license, $35; and
101.3 	(2) annual or biennial renewal certificates, $10; and.
101.4 	(3) wallet-sized license and renewal certificate, $15.

101.5 	Sec. 15. Minnesota Statutes 2020, section 150A.091, subdivision 9, is amended to read:
101.6 		Subd. 9.Licensure by credentials. Each applicant for licensure as a dentist, dental 
101.7 	hygienist, or dental assistant by credentials pursuant to section 150A.06, subdivisions 4 and 
101.8 	8, and Minnesota Rules, part 3100.1400, shall submit with the license application a fee in 
101.9 	the following amounts:
101.10 	(1) dentist, $725 $893;
101.11 	(2) dental hygienist, $175; and $235;
101.12 	(3) dental assistant, $35. $71; and
101.13 	(4) dental therapist, $340.

101.14 	Sec. 16. Minnesota Statutes 2020, section 150A.091, is amended by adding a subdivision 
101.15 	to read:
101.16 		Subd. 21.Failure to practice with a current license. (a) If a licensee practices without 
101.17 	a current license and pursues reinstatement, the board may take the following administrative 
101.18 	actions based on the length of time practicing without a current license:
101.19 	(1) for under one month, the board may not assess a penalty fee;
101.20 	(2) for one month to six months, the board may assess a penalty of $250;
101.21 	(3) for over six months, the board may assess a penalty of $500; and
101.22 	(4) for over 12 months, the board may assess a penalty of $1,000.
101.23 	(b) In addition to the penalty fee, the board shall initiate the complaint process against 
101.24 	the licensee for failure to practice with a current license for over 12 months.

101.25 	Sec. 17. Minnesota Statutes 2020, section 150A.091, is amended by adding a subdivision 
101.26 	to read:
101.27 		Subd. 22.Delegating regulated procedures to an individual with a terminated 
101.28 	license. (a) If a dentist or dental therapist delegates regulated procedures to another dental 
101.29 	professional who had their license terminated, the board may take the following 
102.1 	administrative actions against the delegating dentist or dental therapist based on the length 
102.2 	of time they delegated regulated procedures:
102.3 	(1) for under one month, the board may not assess a penalty fee;
102.4 	(2) for one month to six months, the board may assess a penalty of $100;
102.5 	(3) for over six months, the board may assess a penalty of $250; and
102.6 	(4) for over 12 months, the board may assess a penalty of $500.
102.7 	(b) In addition to the penalty fee, the board shall initiate the complaint process against 
102.8 	a dentist or dental therapist who delegated regulated procedures to a dental professional 
102.9 	with a terminated license for over 12 months.

102.10 	Sec. 18. Minnesota Statutes 2020, section 150A.10, subdivision 1a, is amended to read:
102.11 		Subd. 1a.Collaborative practice authorization for dental hygienists in community 
102.12 	settings. (a) Notwithstanding subdivision 1, a dental hygienist licensed under this chapter 
102.13 	may be employed or retained by a health care facility, program, or nonprofit organization, 
102.14 	or licensed dentist to perform the dental hygiene services listed in Minnesota Rules, part 
102.15 	3100.8700, subpart 1, without the patient first being examined by a licensed dentist if the 
102.16 	dental hygienist:
102.17 	(1) has entered into a collaborative agreement with a licensed dentist that designates 
102.18 	authorization for the services provided by the dental hygienist; and
102.19 	(2) has documented completion of a course on medical emergencies within each 
102.20 	continuing education cycle.
102.21 	(b) A collaborating dentist must be licensed under this chapter and may enter into a 
102.22 	collaborative agreement with no more than four dental hygienists unless otherwise authorized 
102.23 	by the board. The board shall develop parameters and a process for obtaining authorization 
102.24 	to collaborate with more than four dental hygienists. The collaborative agreement must 
102.25 	include:
102.26 	(1) consideration for medically compromised patients and medical conditions for which 
102.27 	a dental evaluation and treatment plan must occur prior to the provision of dental hygiene 
102.28 	services;
102.29 	(2) age- and procedure-specific standard collaborative practice protocols, including 
102.30 	recommended intervals for the performance of dental hygiene services and a period of time 
102.31 	in which an examination by a dentist should occur;
103.1 	(3) copies of consent to treatment form provided to the patient by the dental hygienist;
103.2 	(4) specific protocols for the placement of pit and fissure sealants and requirements for 
103.3 	follow-up care to assure the ensure efficacy of the sealants after application; and
103.4 	(5) the procedure for creating and maintaining dental records for patients who are treated 
103.5 	by the dental hygienist under Minnesota Rules, part 3100.9600, including specifying where 
103.6 	records will be located.
103.7 	The collaborative agreement must be signed and maintained by the dentist, the dental 
103.8 	hygienist, and the facility, program, or organization; must be reviewed annually by the 
103.9 	collaborating dentist and dental hygienist and must be made available to the board upon 
103.10 	request.
103.11 	(c) The collaborative agreement must be:
103.12 	(1) signed and maintained by the dentist; the dental hygienist; and the facility, program, 
103.13 	or organization;
103.14 	(2) reviewed annually by the collaborating dentist and the dental hygienist; and
103.15 	(3) made available to the board upon request.
103.16 	(c) (d) Before performing any services authorized under this subdivision, a dental 
103.17 	hygienist must provide the patient with a consent to treatment form which must include a 
103.18 	statement advising the patient that the dental hygiene services provided are not a substitute 
103.19 	for a dental examination by a licensed dentist. When the patient requires a referral for 
103.20 	additional dental services, the dental hygienist shall complete a referral form and provide 
103.21 	a copy to the patient, the facility, if applicable, the dentist to whom the patient is being 
103.22 	referred, and the collaborating dentist, if specified in the collaborative agreement. A copy 
103.23 	of the referral form shall be maintained in the patient's health care record. The patient does 
103.24 	not become a new patient of record of the dentist to whom the patient was referred until the 
103.25 	dentist accepts the patient for follow-up services after referral from the dental hygienist.
103.26 	(d) (e) For the purposes of this subdivision, a "health care facility, program, or nonprofit 
103.27 	organization" includes a hospital; nursing home; home health agency; group home serving 
103.28 	the elderly, disabled, or juveniles; state-operated facility licensed by the commissioner of 
103.29 	human services or the commissioner of corrections; a state agency administered public 
103.30 	health program or event; and federal, state, or local public health facility, community clinic, 
103.31 	tribal clinic, school authority, Head Start program, or nonprofit organization that serves 
103.32 	individuals who are uninsured or who are Minnesota health care public program recipients.
104.1 	(e) (f) For purposes of this subdivision, a "collaborative agreement" means a written 
104.2 	agreement with a licensed dentist who authorizes and accepts responsibility for the services 
104.3 	performed by the dental hygienist.
104.4 	(g) A collaborative practice dental hygienist must be reimbursed for all services performed 
104.5 	through a health care facility, program, nonprofit organization, or licensed dentist.

104.6 	Sec. 19. Minnesota Statutes 2020, section 150A.105, subdivision 8, is amended to read:
104.7 		Subd. 8.Definitions. (a) For the purposes of this section, the following definitions apply.
104.8 	(b) "Practice settings that serve the low-income and underserved" mean:
104.9 	(1) critical access dental provider settings as designated by the commissioner of human 
104.10 	services under section 256B.76, subdivision 4;
104.11 	(2) dental hygiene collaborative practice settings identified in section 150A.10, 
104.12 	subdivision 1a, paragraph (d) (e), and including medical facilities, assisted living facilities, 
104.13 	federally qualified health centers, and organizations eligible to receive a community clinic 
104.14 	grant under section 145.9268, subdivision 1;
104.15 	(3) military and veterans administration hospitals, clinics, and care settings;
104.16 	(4) a patient's residence or home when the patient is home-bound or receiving or eligible 
104.17 	to receive home care services or home and community-based waivered services, regardless 
104.18 	of the patient's income;
104.19 	(5) oral health educational institutions; or
104.20 	(6) any other clinic or practice setting, including mobile dental units, in which at least 
104.21 	50 percent of the total patient base of the dental therapist or advanced dental therapist 
104.22 	consists of patients who:
104.23 	(i) are enrolled in a Minnesota health care program;
104.24 	(ii) have a medical disability or chronic condition that creates a significant barrier to 
104.25 	receiving dental care;
104.26 	(iii) do not have dental health coverage, either through a public health care program or 
104.27 	private insurance, and have an annual gross family income equal to or less than 200 percent 
104.28 	of the federal poverty guidelines; or
104.29 	(iv) do not have dental health coverage, either through a state public health care program 
104.30 	or private insurance, and whose family gross income is equal to or less than 200 percent of 
104.31 	the federal poverty guidelines.
105.1 	(c) "Dental health professional shortage area" means an area that meets the criteria 
105.2 	established by the secretary of the United States Department of Health and Human Services 
105.3 	and is designated as such under United States Code, title 42, section 254e.

105.4 	Sec. 20. Minnesota Statutes 2020, section 151.01, subdivision 27, is amended to read:
105.5 		Subd. 27.Practice of pharmacy. "Practice of pharmacy" means:
105.6 	(1) interpretation and evaluation of prescription drug orders;
105.7 	(2) compounding, labeling, and dispensing drugs and devices (except labeling by a 
105.8 	manufacturer or packager of nonprescription drugs or commercially packaged legend drugs 
105.9 	and devices);
105.10 	(3) participation in clinical interpretations and monitoring of drug therapy for assurance 
105.11 	of safe and effective use of drugs, including the performance of laboratory tests that are 
105.12 	waived under the federal Clinical Laboratory Improvement Act of 1988, United States Code, 
105.13 	title 42, section 263a et seq., provided that a pharmacist may interpret the results of laboratory 
105.14 	tests but may modify drug therapy only pursuant to a protocol or collaborative practice 
105.15 	agreement;
105.16 	(4) participation in drug and therapeutic device selection; drug administration for first 
105.17 	dosage and medical emergencies; intramuscular and subcutaneous drug administration used 
105.18 	for the treatment of alcohol or opioid dependence under a prescription drug order; drug 
105.19 	regimen reviews; and drug or drug-related research;
105.20 	(5) drug administration, through intramuscular and subcutaneous administration used 
105.21 	to treat mental illnesses as permitted under the following conditions:
105.22 	(i) upon the order of a prescriber and the prescriber is notified after administration is 
105.23 	complete; or
105.24 	(ii) pursuant to a protocol or collaborative practice agreement as defined by section 
105.25 	151.01, subdivisions 27b and 27c, and participation in the initiation, management, 
105.26 	modification, administration, and discontinuation of drug therapy is according to the protocol 
105.27 	or collaborative practice agreement between the pharmacist and a dentist, optometrist, 
105.28 	physician, podiatrist, or veterinarian, or an advanced practice registered nurse authorized 
105.29 	to prescribe, dispense, and administer under section 148.235. Any changes in drug therapy 
105.30 	or medication administration made pursuant to a protocol or collaborative practice agreement 
105.31 	must be documented by the pharmacist in the patient's medical record or reported by the 
105.32 	pharmacist to a practitioner responsible for the patient's care;
106.1 	(6) participation in administration of influenza vaccines and vaccines approved by the 
106.2 	United States Food and Drug Administration related to COVID-19 or SARS-CoV-2 to all 
106.3 	eligible individuals six years of age and older and all other vaccines to patients 13 years of 
106.4 	age and older by written protocol with a physician licensed under chapter 147, a physician 
106.5 	assistant authorized to prescribe drugs under chapter 147A, or an advanced practice registered 
106.6 	nurse authorized to prescribe drugs under section 148.235, provided that:
106.7 	(i) the protocol includes, at a minimum:
106.8 	(A) the name, dose, and route of each vaccine that may be given;
106.9 	(B) the patient population for whom the vaccine may be given;
106.10 	(C) contraindications and precautions to the vaccine;
106.11 	(D) the procedure for handling an adverse reaction;
106.12 	(E) the name, signature, and address of the physician, physician assistant, or advanced 
106.13 	practice registered nurse;
106.14 	(F) a telephone number at which the physician, physician assistant, or advanced practice 
106.15 	registered nurse can be contacted; and
106.16 	(G) the date and time period for which the protocol is valid;
106.17 	(ii) the pharmacist has successfully completed a program approved by the Accreditation 
106.18 	Council for Pharmacy Education specifically for the administration of immunizations or a 
106.19 	program approved by the board;
106.20 	(iii) the pharmacist utilizes the Minnesota Immunization Information Connection to 
106.21 	assess the immunization status of individuals prior to the administration of vaccines, except 
106.22 	when administering influenza vaccines to individuals age nine and older;
106.23 	(iv) the pharmacist reports the administration of the immunization to the Minnesota 
106.24 	Immunization Information Connection; and
106.25 	(v) the pharmacist complies with guidelines for vaccines and immunizations established 
106.26 	by the federal Advisory Committee on Immunization Practices, except that a pharmacist 
106.27 	does not need to comply with those portions of the guidelines that establish immunization 
106.28 	schedules when administering a vaccine pursuant to a valid, patient-specific order issued 
106.29 	by a physician licensed under chapter 147, a physician assistant authorized to prescribe 
106.30 	drugs under chapter 147A, or an advanced practice registered nurse authorized to prescribe 
106.31 	drugs under section 148.235, provided that the order is consistent with the United States 
106.32 	Food and Drug Administration approved labeling of the vaccine;
107.1 	(7) participation in the initiation, management, modification, and discontinuation of 
107.2 	drug therapy according to a written protocol or collaborative practice agreement between: 
107.3 	(i) one or more pharmacists and one or more dentists, optometrists, physicians, podiatrists, 
107.4 	or veterinarians; or (ii) one or more pharmacists and one or more physician assistants 
107.5 	authorized to prescribe, dispense, and administer under chapter 147A, or advanced practice 
107.6 	registered nurses authorized to prescribe, dispense, and administer under section 148.235. 
107.7 	Any changes in drug therapy made pursuant to a protocol or collaborative practice agreement 
107.8 	must be documented by the pharmacist in the patient's medical record or reported by the 
107.9 	pharmacist to a practitioner responsible for the patient's care;
107.10 	(8) participation in the storage of drugs and the maintenance of records;
107.11 	(9) patient counseling on therapeutic values, content, hazards, and uses of drugs and 
107.12 	devices;
107.13 	(10) offering or performing those acts, services, operations, or transactions necessary 
107.14 	in the conduct, operation, management, and control of a pharmacy;
107.15 	(11) participation in the initiation, management, modification, and discontinuation of 
107.16 	therapy with opiate antagonists, as defined in section 604A.04, subdivision 1, pursuant to:
107.17 	(i) a written protocol as allowed under clause (7); or
107.18 	(ii) a written protocol with a community health board medical consultant or a practitioner 
107.19 	designated by the commissioner of health, as allowed under section 151.37, subdivision 13; 
107.20 	and
107.21 	(12) prescribing self-administered hormonal contraceptives; nicotine replacement 
107.22 	medications; and opiate antagonists for the treatment of an acute opiate overdose pursuant 
107.23 	to section 151.37, subdivision 14, 15, or 16.; and
107.24 	(13) participation in the placement of drug monitoring devices according to a prescription, 
107.25 	protocol, or collaborative practice agreement.

107.26 	Sec. 21. Minnesota Statutes 2020, section 153.16, subdivision 1, is amended to read:
107.27 		Subdivision 1.License requirements. The board shall issue a license to practice podiatric 
107.28 	medicine to a person who meets the following requirements:
107.29 	(a) The applicant for a license shall file a written notarized application on forms provided 
107.30 	by the board, showing to the board's satisfaction that the applicant is of good moral character 
107.31 	and satisfies the requirements of this section.
108.1 	(b) The applicant shall present evidence satisfactory to the board of being a graduate of 
108.2 	a podiatric medical school approved by the board based upon its faculty, curriculum, facilities, 
108.3 	accreditation by a recognized national accrediting organization approved by the board, and 
108.4 	other relevant factors.
108.5 	(c) The applicant must have received a passing score on each part of the national board 
108.6 	examinations, parts one and two, prepared and graded by the National Board of Podiatric 
108.7 	Medical Examiners. The passing score for each part of the national board examinations, 
108.8 	parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
108.9 	(d) Applicants graduating after 1986 1990 from a podiatric medical school shall present 
108.10 	evidence of successful completion of a residency program approved by a national accrediting 
108.11 	podiatric medicine organization.
108.12 	(e) The applicant shall appear in person before the board or its designated representative 
108.13 	to show that the applicant satisfies the requirements of this section, including knowledge 
108.14 	of laws, rules, and ethics pertaining to the practice of podiatric medicine. The board may 
108.15 	establish as internal operating procedures the procedures or requirements for the applicant's 
108.16 	personal presentation. Upon completion of all other application requirements, a doctor of 
108.17 	podiatric medicine applying for a temporary military license has six months in which to 
108.18 	comply with this subdivision.
108.19 	(f) The applicant shall pay a fee established by the board by rule. The fee shall not be 
108.20 	refunded.
108.21 	(g) The applicant must not have engaged in conduct warranting disciplinary action 
108.22 	against a licensee. If the applicant does not satisfy the requirements of this paragraph, the 
108.23 	board may refuse to issue a license unless it determines that the public will be protected 
108.24 	through issuance of a license with conditions and limitations the board considers appropriate.
108.25 	(h) Upon payment of a fee as the board may require, an applicant who fails to pass an 
108.26 	examination and is refused a license is entitled to reexamination within one year of the 
108.27 	board's refusal to issue the license. No more than two reexaminations are allowed without 
108.28 	a new application for a license.

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

108.30 	Sec. 22. Laws 2021, First Special Session chapter 7, article 16, section 5, is amended to 
108.31 	read:

108.32
108.33	Sec. 5. EMERGENCY MEDICAL SERVICES 
REGULATORY BOARD
 	$
	4,780,000
	$
	4,576,000
	
109.1 	(a) Cooper/Sams Volunteer Ambulance 
109.2 	Program. $950,000 in fiscal year 2022 and 
109.3 	$950,000 in fiscal year 2023 are for the 
109.4 	Cooper/Sams volunteer ambulance program 
109.5 	under Minnesota Statutes, section 144E.40.
109.6 	(1) Of this amount, $861,000 in fiscal year 
109.7 	2022 and $861,000 in fiscal year 2023 are for 
109.8 	the ambulance service personnel longevity 
109.9 	award and incentive program under Minnesota 
109.10 	Statutes, section 144E.40.
109.11 	(2) Of this amount, $89,000 in fiscal year 2022 
109.12 	and $89,000 in fiscal year 2023 are for the 
109.13 	operations of the ambulance service personnel 
109.14 	longevity award and incentive program under 
109.15 	Minnesota Statutes, section 144E.40.
109.16 	(b) EMSRB Operations. $1,880,000 in fiscal 
109.17 	year 2022 and $1,880,000 in fiscal year 2023 
109.18 	are for board operations.
109.19 	(c) Regional Grants for Continuing 
109.20 	Education. $585,000 in fiscal year 2022 and 
109.21 	$585,000 in fiscal year 2023 are for regional 
109.22 	emergency medical services programs, to be 
109.23 	distributed equally to the eight emergency 
109.24 	medical service regions under Minnesota 
109.25 	Statutes, section 144E.52.
109.26 	(d) Regional Grants for Local and Regional 
109.27 	Emergency Medical Services. (c) 
109.28 	Emergency Medical Services Fund.
109.29 	$800,000 $1,385,000 in fiscal year 2022 and 
109.30 	$800,000 $1,385,000 in fiscal year 2023 are 
109.31 	for distribution to regional emergency medical 
109.32 	services regions systems for regional 
109.33 	emergency medical services programs the 
109.34 	purposes specified in Minnesota Statutes, 
110.1 	section 144E.50. Notwithstanding Minnesota 
110.2 	Statutes, section 144E.50, subdivision 5, in 
110.3 	each year the board shall distribute the 
110.4 	appropriation equally among the eight 
110.5 	emergency medical services regions systems 
110.6 	designated by the board. This is a onetime 
110.7 	appropriation The general fund base for this 
110.8 	appropriation is $585,000 in fiscal year 2024 
110.9 	and $585,000 in fiscal year 2025.
110.10 	(e) (d)Ambulance Training Grants. 
110.11 	$565,000 in fiscal year 2022 and $361,000 in 
110.12 	fiscal year 2023 are for training grants under 
110.13 	Minnesota Statutes, section 144E.35.
110.14 	(f) (e)Base Level Adjustment. The general 
110.15 	fund base is $3,776,000 in fiscal year 2024 
110.16 	and $3,776,000 in fiscal year 2025.

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

110.18 	Sec. 23. TEMPORARY REQUIREMENTS GOVERNING AMBULANCE SERVICE 
110.19 	OPERATIONS AND THE PROVISION OF EMERGENCY MEDICAL SERVICES.
 110.20 		Subdivision 1.Application. Notwithstanding any law to the contrary in Minnesota 
110.21 	Statutes, chapter 144E, an ambulance service may operate according to this section, and 
110.22 	emergency medical technicians, advanced emergency medical technicians, and paramedics 
110.23 	may provide emergency medical services according to this section.
110.24 		Subd. 2.Definitions. (a) The terms defined in this subdivision apply to this section.
110.25 	(b) "Advanced emergency medical technician" has the meaning given in Minnesota 
110.26 	Statutes, section 144E.001, subdivision 5d.
110.27 	(c) "Advanced life support" has the meaning given in Minnesota Statutes, section 
110.28 	144E.001, subdivision 1b.
110.29 	(d) "Ambulance" has the meaning given in Minnesota Statutes, section 144E.001, 
110.30 	subdivision 2.
110.31 	(e) "Ambulance service personnel" has the meaning given in Minnesota Statutes, section 
110.32 	144E.001, subdivision 3a.
111.1 	(f) "Basic life support" has the meaning given in Minnesota Statutes, section 144E.001, 
111.2 	subdivision 4b.
111.3 	(g) "Board" means the Emergency Medical Services Regulatory Board.
111.4 	(h) "Emergency medical technician" has the meaning given in Minnesota Statutes, section 
111.5 	144E.001, subdivision 5c.
111.6 	(i) "Paramedic" has the meaning given in Minnesota Statutes, section 144E.001, 
111.7 	subdivision 5e.
111.8 	(j) "Primary service area" means the area designated by the board according to Minnesota 
111.9 	Statutes, section 144E.06, to be served by an ambulance service.
111.10 		Subd. 3.Staffing. (a) For emergency ambulance calls and interfacility transfers in an 
111.11 	ambulance service's primary service area, an ambulance service must staff an ambulance 
111.12 	that provides basic life support with at least:
111.13 	(1) one emergency medical technician, who must be in the patient compartment when 
111.14 	a patient is being transported; and
111.15 	(2) one individual to drive the ambulance. The driver must hold a valid driver's license 
111.16 	from any state, must have attended an emergency vehicle driving course approved by the 
111.17 	ambulance service, and must have completed a course on cardiopulmonary resuscitation 
111.18 	approved by the ambulance service.
111.19 	(b) For emergency ambulance calls and interfacility transfers in an ambulance service's 
111.20 	primary service area, an ambulance service must staff an ambulance that provides advanced 
111.21 	life support with at least:
111.22 	(1) one paramedic; one registered nurse who meets the requirements in Minnesota 
111.23 	Statutes, section 144E.001, subdivision 3a, clause (2); or one physician assistant who meets 
111.24 	the requirements in Minnesota Statutes, section 144E.001, subdivision 3a, clause (3), and 
111.25 	who must be in the patient compartment when a patient is being transported; and
111.26 	(2) one individual to drive the ambulance. The driver must hold a valid driver's license 
111.27 	from any state, must have attended an emergency vehicle driving course approved by the 
111.28 	ambulance service, and must have completed a course on cardiopulmonary resuscitation 
111.29 	approved by the ambulance service.
111.30 	(c) The ambulance service director and medical director must approve the staffing of 
111.31 	an ambulance according to this subdivision.
112.1 	(d) An ambulance service staffing an ambulance according to this subdivision must 
112.2 	immediately notify the board in writing and in a manner prescribed by the board. The notice 
112.3 	must specify how the ambulance service is staffing its basic life support or advanced life 
112.4 	support ambulances and the time period the ambulance service plans to staff the ambulances 
112.5 	according to this subdivision. If an ambulance service continues to staff an ambulance 
112.6 	according to this subdivision after the date provided to the board in its initial notice, the 
112.7 	ambulance service must provide a new notice to the board in a manner that complies with 
112.8 	this paragraph.
112.9 	(e) If an individual serving as a driver under this subdivision commits an act listed in 
112.10 	Minnesota Statutes, section 144E.27, subdivision 5, paragraph (a), the board may temporarily 
112.11 	suspend or prohibit the individual from driving an ambulance or place conditions on the 
112.12 	individual's ability to drive an ambulance using the procedures and authority in Minnesota 
112.13 	Statutes, section 144E.27, subdivisions 5 and 6.
112.14 		Subd. 4.Use of expired emergency medications and medical supplies. (a) If an 
112.15 	ambulance service experiences a shortage of an emergency medication or medical supply, 
112.16 	ambulance service personnel may use an emergency medication or medical supply for up 
112.17 	to six months after the emergency medication's or medical supply's specified expiration 
112.18 	date, provided:
112.19 	(1) the ambulance service director and medical director approve the use of the expired 
112.20 	emergency medication or medical supply;
112.21 	(2) ambulance service personnel use an expired emergency medication or medical supply 
112.22 	only after depleting the ambulance service's supply of that emergency medication or medical 
112.23 	supply that is unexpired;
112.24 	(3) the ambulance service has stored and maintained the expired emergency medication 
112.25 	or medical supply according to the manufacturer's instructions;
112.26 	(4) if possible, ambulance service personnel obtain consent from the patient to use the 
112.27 	expired emergency medication or medical supply prior to its use; and
112.28 	(5) when the ambulance service obtains a supply of that emergency medication or medical 
112.29 	supply that is unexpired, ambulance service personnel cease use of the expired emergency 
112.30 	medication or medical supply and instead use the unexpired emergency medication or 
112.31 	medical supply.
113.1 	(b) Before approving the use of an expired emergency medication, an ambulance service 
113.2 	director and medical director must consult with the Board of Pharmacy regarding the safety 
113.3 	and efficacy of using the expired emergency medication.
113.4 	(c) An ambulance service must keep a record of all expired emergency medications and 
113.5 	all expired medical supplies used and must submit that record in writing to the board in a 
113.6 	time and manner specified by the board. The record must list the specific expired emergency 
113.7 	medications and medical supplies used and the time period during which ambulance service 
113.8 	personnel used the expired emergency medication or medical supply.
113.9 		Subd. 5.Provision of emergency medical services after certification expires. (a) At 
113.10 	the request of an emergency medical technician, advanced emergency medical technician, 
113.11 	or paramedic, and with the approval of the ambulance service director, an ambulance service 
113.12 	medical director may authorize the emergency medical technician, advanced emergency 
113.13 	medical technician, or paramedic to provide emergency medical services for the ambulance 
113.14 	service for up to three months after the certification of the emergency medical technician, 
113.15 	advanced emergency medical technician, or paramedic expires.
113.16 	(b) An ambulance service must immediately notify the board each time its medical 
113.17 	director issues an authorization under paragraph (a). The notice must be provided in writing 
113.18 	and in a manner prescribed by the board and must include information on the time period 
113.19 	each emergency medical technician, advanced emergency medical technician, or paramedic 
113.20 	will provide emergency medical services according to an authorization under this subdivision; 
113.21 	information on why the emergency medical technician, advanced emergency medical 
113.22 	technician, or paramedic needs the authorization; and an attestation from the medical director 
113.23 	that the authorization is necessary to help the ambulance service adequately staff its 
113.24 	ambulances.
113.25 		Subd. 6.Reports. The board must provide quarterly reports to the chairs and ranking 
113.26 	minority members of the legislative committees with jurisdiction over the board regarding 
113.27 	actions taken by ambulance services according to subdivisions 3, 4, and 5. The board must 
113.28 	submit reports by June 30, September 30, and December 31 of 2022; and by March 31, June 
113.29 	30, September 30, and December 31 of 2023. Each report must include the following 
113.30 	information:
113.31 	(1) for each ambulance service staffing basic life support or advanced life support 
113.32 	ambulances according to subdivision 3, the primary service area served by the ambulance 
113.33 	service, the number of ambulances staffed according to subdivision 3, and the time period 
114.1 	the ambulance service has staffed and plans to staff the ambulances according to subdivision 
114.2 	3;
114.3 	(2) for each ambulance service that authorized the use of an expired emergency 
114.4 	medication or medical supply according to subdivision 4, the expired emergency medications 
114.5 	and medical supplies authorized for use and the time period the ambulance service used 
114.6 	each expired emergency medication or medical supply; and
114.7 	(3) for each ambulance service that authorized the provision of emergency medical 
114.8 	services according to subdivision 5, the number of emergency medical technicians, advanced 
114.9 	emergency medical technicians, and paramedics providing emergency medical services 
114.10 	under an expired certification and the time period each emergency medical technician, 
114.11 	advanced emergency medical technician, or paramedic provided and will provide emergency 
114.12 	medical services under an expired certification.
114.13 		Subd. 7.Expiration. This section expires January 1, 2024.

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

114.15 	Sec. 24. EXPEDITED REREGISTRATION FOR LAPSED NURSING LICENSES.
 114.16 	(a) Notwithstanding Minnesota Statutes, section 148.231, a nurse who desires to resume 
114.17 	the practice of professional or practical nursing at a licensed nursing facility or licensed 
114.18 	assisted living facility but whose license to practice nursing has lapsed effective on or after 
114.19 	January 1, 2019, may submit an application to the Board of Nursing for reregistration. The 
114.20 	application must be submitted and received by the board between March 31, 2022, and 
114.21 	March 31, 2023, and must be accompanied with the reregistration fee specified in Minnesota 
114.22 	Statutes, section 148.243, subdivision 5. The applicant must include with the application 
114.23 	the name and location of the facility where the nurse is or will be employed.
114.24 	(b) The board shall issue a current registration if upon a licensure history review, the 
114.25 	board determines that at the time the nurse's license lapsed:
114.26 	(1) the nurse's license was in good standing; and
114.27 	(2) the nurse was not the subject of any pending investigations or disciplinary actions 
114.28 	or was not disqualified to practice in any way.
114.29 	The board shall waive any other requirements for reregistration including any continuing 
114.30 	education requirements.
114.31 	(c) The registration issued under this section shall remain valid until the nurse's next 
114.32 	registration period. If the nurse desires to continue to practice after that date, the nurse must 
115.1 	meet the reregistration requirements under Minnesota Statutes, section 148.231, including 
115.2 	any penalty fees required.

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

115.4 	Sec. 25. APPROPRIATION; BOARD OF DENTISTRY.
 115.5 	$3,000 in fiscal year 2023 is appropriated from the state government special revenue 
115.6 	fund to the Board of Dentistry to process new credential applications and to administer 
115.7 	administrative fines. This is a onetime appropriation.

115.8 	Sec. 26. REPEALER.
 115.9 	Minnesota Statutes 2020, section 150A.091, subdivisions 3, 15, and 17, are repealed.

115.10 	ARTICLE 4
115.11 	COMMUNITY SUPPORTS AND BEHAVIORAL HEALTH POLICY

115.12 	Section 1. Minnesota Statutes 2021 Supplement, section 62A.673, subdivision 2, is 
115.13 	amended to read:
115.14 		Subd. 2.Definitions. (a) For purposes of this section, the terms defined in this subdivision 
115.15 	have the meanings given.
115.16 	(b) "Distant site" means a site at which a health care provider is located while providing 
115.17 	health care services or consultations by means of telehealth.
115.18 	(c) "Health care provider" means a health care professional who is licensed or registered 
115.19 	by the state to perform health care services within the provider's scope of practice and in 
115.20 	accordance with state law. A health care provider includes a mental health professional as 
115.21 	defined under section 245.462, subdivision 18, or 245.4871, subdivision 27 245I.04, 
115.22 	subdivision 2; a mental health practitioner as defined under section 245.462, subdivision 
115.23 	17, or 245.4871, subdivision 26 245I.04, subdivision 4; a clinical trainee under section 
115.24 	245I.04, subdivision 6; a treatment coordinator under section 245G.11, subdivision 7; an 
115.25 	alcohol and drug counselor under section 245G.11, subdivision 5; and a recovery peer under 
115.26 	section 245G.11, subdivision 8.
115.27 	(d) "Health carrier" has the meaning given in section 62A.011, subdivision 2.
115.28 	(e) "Health plan" has the meaning given in section 62A.011, subdivision 3. Health plan 
115.29 	includes dental plans as defined in section 62Q.76, subdivision 3, but does not include dental 
116.1 	plans that provide indemnity-based benefits, regardless of expenses incurred, and are designed 
116.2 	to pay benefits directly to the policy holder.
116.3 	(f) "Originating site" means a site at which a patient is located at the time health care 
116.4 	services are provided to the patient by means of telehealth. For purposes of store-and-forward 
116.5 	technology, the originating site also means the location at which a health care provider 
116.6 	transfers or transmits information to the distant site.
116.7 	(g) "Store-and-forward technology" means the asynchronous electronic transfer or 
116.8 	transmission of a patient's medical information or data from an originating site to a distant 
116.9 	site for the purposes of diagnostic and therapeutic assistance in the care of a patient.
116.10 	(h) "Telehealth" means the delivery of health care services or consultations through the 
116.11 	use of real time two-way interactive audio and visual communications to provide or support 
116.12 	health care delivery and facilitate the assessment, diagnosis, consultation, treatment, 
116.13 	education, and care management of a patient's health care. Telehealth includes the application 
116.14 	of secure video conferencing, store-and-forward technology, and synchronous interactions 
116.15 	between a patient located at an originating site and a health care provider located at a distant 
116.16 	site. Until July 1, 2023, telehealth also includes audio-only communication between a health 
116.17 	care provider and a patient in accordance with subdivision 6, paragraph (b). Telehealth does 
116.18 	not include communication between health care providers that consists solely of a telephone 
116.19 	conversation, e-mail, or facsimile transmission. Telehealth does not include communication 
116.20 	between a health care provider and a patient that consists solely of an e-mail or facsimile 
116.21 	transmission. Telehealth does not include telemonitoring services as defined in paragraph 
116.22 	(i).
116.23 	(i) "Telemonitoring services" means the remote monitoring of clinical data related to 
116.24 	the enrollee's vital signs or biometric data by a monitoring device or equipment that transmits 
116.25 	the data electronically to a health care provider for analysis. Telemonitoring is intended to 
116.26 	collect an enrollee's health-related data for the purpose of assisting a health care provider 
116.27 	in assessing and monitoring the enrollee's medical condition or status.

116.28 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
116.29 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
116.30 	when federal approval is obtained.

117.1 	Sec. 2. Minnesota Statutes 2021 Supplement, section 148F.11, subdivision 1, is amended 
117.2 	to read:
117.3 		Subdivision 1.Other professionals. (a) Nothing in this chapter prevents members of 
117.4 	other professions or occupations from performing functions for which they are qualified or 
117.5 	licensed. This exception includes, but is not limited to: licensed physicians; registered nurses; 
117.6 	licensed practical nurses; licensed psychologists and licensed psychological practitioners; 
117.7 	members of the clergy provided such services are provided within the scope of regular 
117.8 	ministries; American Indian medicine men and women; licensed attorneys; probation officers; 
117.9 	licensed marriage and family therapists; licensed social workers; social workers employed 
117.10 	by city, county, or state agencies; licensed professional counselors; licensed professional 
117.11 	clinical counselors; licensed school counselors; registered occupational therapists or 
117.12 	occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders 
117.13 	(UMICAD) certified counselors when providing services to Native American people; city, 
117.14 	county, or state employees when providing assessments or case management under Minnesota 
117.15 	Rules, chapter 9530; and individuals defined in section 256B.0623, subdivision 5, clauses 
117.16 	(1) to (6), staff persons providing co-occurring substance use disorder treatment in adult 
117.17 	mental health rehabilitative programs certified or licensed by the Department of Human 
117.18 	Services under section 245I.23, 256B.0622, or 256B.0623.
117.19 	(b) Nothing in this chapter prohibits technicians and resident managers in programs 
117.20 	licensed by the Department of Human Services from discharging their duties as provided 
117.21 	in Minnesota Rules, chapter 9530.
117.22 	(c) Any person who is exempt from licensure under this section must not use a title 
117.23 	incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug 
117.24 	counselor" or otherwise hold himself or herself out to the public by any title or description 
117.25 	stating or implying that he or she is engaged in the practice of alcohol and drug counseling, 
117.26 	or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless 
117.27 	that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice 
117.28 	of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the 
117.29 	use of one of the titles in paragraph (a).

117.30 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
117.31 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
117.32 	when federal approval is obtained.

118.1 	Sec. 3. Minnesota Statutes 2020, section 245.462, subdivision 4, is amended to read:
118.2 		Subd. 4.Case management service provider. (a) "Case management service provider" 
118.3 	means a case manager or case manager associate employed by the county or other entity 
118.4 	authorized by the county board to provide case management services specified in section 
118.5 	245.4711.
118.6 	(b) A case manager must:
118.7 	(1) be skilled in the process of identifying and assessing a wide range of client needs;
118.8 	(2) be knowledgeable about local community resources and how to use those resources 
118.9 	for the benefit of the client;
118.10 	(3) be a mental health practitioner as defined in section 245I.04, subdivision 4, or have 
118.11 	a bachelor's degree in one of the behavioral sciences or related fields including, but not 
118.12 	limited to, social work, psychology, or nursing from an accredited college or university or. 
118.13 	A case manager who is not a mental health practitioner and who does not have a bachelor's 
118.14 	degree in one of the behavioral sciences or related fields must meet the requirements of 
118.15 	paragraph (c); and
118.16 	(4) meet the supervision and continuing education requirements described in paragraphs 
118.17 	(d), (e), and (f), as applicable.
118.18 	(c) Case managers without a bachelor's degree must meet one of the requirements in 
118.19 	clauses (1) to (3):
118.20 	(1) have three or four years of experience as a case manager associate as defined in this 
118.21 	section;
118.22 	(2) be a registered nurse without a bachelor's degree and have a combination of 
118.23 	specialized training in psychiatry and work experience consisting of community interaction 
118.24 	and involvement or community discharge planning in a mental health setting totaling three 
118.25 	years; or
118.26 	(3) be a person who qualified as a case manager under the 1998 Department of Human 
118.27 	Service waiver provision and meet the continuing education and mentoring requirements 
118.28 	in this section.
118.29 	(d) A case manager with at least 2,000 hours of supervised experience in the delivery 
118.30 	of services to adults with mental illness must receive regular ongoing supervision and clinical 
118.31 	supervision totaling 38 hours per year of which at least one hour per month must be clinical 
118.32 	supervision regarding individual service delivery with a case management supervisor. The 
119.1 	remaining 26 hours of supervision may be provided by a case manager with two years of 
119.2 	experience. Group supervision may not constitute more than one-half of the required 
119.3 	supervision hours. Clinical supervision must be documented in the client record.
119.4 	(e) A case manager without 2,000 hours of supervised experience in the delivery of 
119.5 	services to adults with mental illness must:
119.6 	(1) receive clinical supervision regarding individual service delivery from a mental 
119.7 	health professional at least one hour per week until the requirement of 2,000 hours of 
119.8 	experience is met; and
119.9 	(2) complete 40 hours of training approved by the commissioner in case management 
119.10 	skills and the characteristics and needs of adults with serious and persistent mental illness.
119.11 	(f) A case manager who is not licensed, registered, or certified by a health-related 
119.12 	licensing board must receive 30 hours of continuing education and training in mental illness 
119.13 	and mental health services every two years.
119.14 	(g) A case manager associate (CMA) must:
119.15 	(1) work under the direction of a case manager or case management supervisor;
119.16 	(2) be at least 21 years of age;
119.17 	(3) have at least a high school diploma or its equivalent; and
119.18 	(4) meet one of the following criteria:
119.19 	(i) have an associate of arts degree in one of the behavioral sciences or human services;
119.20 	(ii) be a certified peer specialist under section 256B.0615;
119.21 	(iii) be a registered nurse without a bachelor's degree;
119.22 	(iv) within the previous ten years, have three years of life experience with serious and 
119.23 	persistent mental illness as defined in subdivision 20; or as a child had severe emotional 
119.24 	disturbance as defined in section 245.4871, subdivision 6; or have three years life experience 
119.25 	as a primary caregiver to an adult with serious and persistent mental illness within the 
119.26 	previous ten years;
119.27 	(v) have 6,000 hours work experience as a nondegreed state hospital technician; or
119.28 	(vi) have at least 6,000 hours of supervised experience in the delivery of services to 
119.29 	persons with mental illness.
119.30 	Individuals meeting one of the criteria in items (i) to (v) may qualify as a case manager 
119.31 	after four years of supervised work experience as a case manager associate. Individuals 
120.1 	meeting the criteria in item (vi) may qualify as a case manager after three years of supervised 
120.2 	experience as a case manager associate.
120.3 	(h) A case management associate must meet the following supervision, mentoring, and 
120.4 	continuing education requirements:
120.5 	(1) have 40 hours of preservice training described under paragraph (e), clause (2);
120.6 	(2) receive at least 40 hours of continuing education in mental illness and mental health 
120.7 	services annually; and
120.8 	(3) receive at least five hours of mentoring per week from a case management mentor.
120.9 	A "case management mentor" means a qualified, practicing case manager or case management 
120.10 	supervisor who teaches or advises and provides intensive training and clinical supervision 
120.11 	to one or more case manager associates. Mentoring may occur while providing direct services 
120.12 	to consumers in the office or in the field and may be provided to individuals or groups of 
120.13 	case manager associates. At least two mentoring hours per week must be individual and 
120.14 	face-to-face.
120.15 	(i) A case management supervisor must meet the criteria for mental health professionals, 
120.16 	as specified in subdivision 18.
120.17 	(j) An immigrant who does not have the qualifications specified in this subdivision may 
120.18 	provide case management services to adult immigrants with serious and persistent mental 
120.19 	illness who are members of the same ethnic group as the case manager if the person:
120.20 	(1) is currently enrolled in and is actively pursuing credits toward the completion of a 
120.21 	bachelor's degree in one of the behavioral sciences or a related field including, but not 
120.22 	limited to, social work, psychology, or nursing from an accredited college or university;
120.23 	(2) completes 40 hours of training as specified in this subdivision; and
120.24 	(3) receives clinical supervision at least once a week until the requirements of this 
120.25 	subdivision are met.

120.26 	Sec. 4. Minnesota Statutes 2021 Supplement, section 245.467, subdivision 2, is amended 
120.27 	to read:
120.28 		Subd. 2.Diagnostic assessment. Providers A provider of services governed by this 
120.29 	section must complete a diagnostic assessment of a client according to the standards of 
120.30 	section 245I.10, subdivisions 4 to 6.

121.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
121.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
121.3 	when federal approval is obtained.

121.4 	Sec. 5. Minnesota Statutes 2021 Supplement, section 245.467, subdivision 3, is amended 
121.5 	to read:
121.6 		Subd. 3.Individual treatment plans. Providers A provider of services governed by 
121.7 	this section must complete an individual treatment plan for a client according to the standards 
121.8 	of section 245I.10, subdivisions 7 and 8.

121.9 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
121.10 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
121.11 	when federal approval is obtained.

121.12 	Sec. 6. Minnesota Statutes 2021 Supplement, section 245.4871, subdivision 21, is amended 
121.13 	to read:
121.14 		Subd. 21.Individual treatment plan. (a) "Individual treatment plan" means the 
121.15 	formulation of planned services that are responsive to the needs and goals of a client. An 
121.16 	individual treatment plan must be completed according to section 245I.10, subdivisions 7
121.17 	and 8.
121.18 	(b) A children's residential facility licensed under Minnesota Rules, chapter 2960, is 
121.19 	exempt from the requirements of section 245I.10, subdivisions 7 and 8. Instead, the individual 
121.20 	treatment plan must:
121.21 	(1) include a written plan of intervention, treatment, and services for a child with an 
121.22 	emotional disturbance that the service provider develops under the clinical supervision of 
121.23 	a mental health professional on the basis of a diagnostic assessment;
121.24 	(2) be developed in conjunction with the family unless clinically inappropriate; and
121.25 	(3) identify goals and objectives of treatment, treatment strategy, a schedule for 
121.26 	accomplishing treatment goals and objectives, and the individuals responsible for providing 
121.27 	treatment to the child with an emotional disturbance.

121.28 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
121.29 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
121.30 	when federal approval is obtained.

122.1 	Sec. 7. Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 2, is amended 
122.2 	to read:
122.3 		Subd. 2.Diagnostic assessment. Providers A provider of services governed by this 
122.4 	section shall must complete a diagnostic assessment of a client according to the standards 
122.5 	of section 245I.10, subdivisions 4 to 6. Notwithstanding the required timelines for completing 
122.6 	a diagnostic assessment in section 245I.10, a children's residential facility licensed under 
122.7 	Minnesota Rules, chapter 2960, that provides mental health services to children must, within 
122.8 	ten days of the client's admission: (1) complete the client's diagnostic assessment; or (2) 
122.9 	review and update the client's diagnostic assessment with a summary of the child's current 
122.10 	mental health status and service needs if a diagnostic assessment is available that was 
122.11 	completed within 180 days preceding admission and the client's mental health status has 
122.12 	not changed markedly since the diagnostic assessment.

122.13 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
122.14 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
122.15 	when federal approval is obtained.

122.16 	Sec. 8. Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 3, is amended 
122.17 	to read:
122.18 		Subd. 3.Individual treatment plans. Providers A provider of services governed by 
122.19 	this section shall must complete an individual treatment plan for a client according to the 
122.20 	standards of section 245I.10, subdivisions 7 and 8. A children's residential facility licensed 
122.21 	according to Minnesota Rules, chapter 2960, is exempt from the requirements in section 
122.22 	245I.10, subdivisions 7 and 8. Instead, the facility must involve the child and the child's 
122.23 	family in all phases of developing and implementing the individual treatment plan to the 
122.24 	extent appropriate and must review the individual treatment plan every 90 days after intake.

122.25 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
122.26 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
122.27 	when federal approval is obtained.

122.28 	Sec. 9. Minnesota Statutes 2021 Supplement, section 245.735, subdivision 3, is amended 
122.29 	to read:
122.30 		Subd. 3.Certified community behavioral health clinics. (a) The commissioner shall 
122.31 	establish a state certification process for certified community behavioral health clinics 
122.32 	(CCBHCs) that satisfy all federal requirements necessary for CCBHCs certified under this 
122.33 	section to be eligible for reimbursement under medical assistance, without service area 
123.1 	limits based on geographic area or region. The commissioner shall consult with CCBHC 
123.2 	stakeholders before establishing and implementing changes in the certification process and 
123.3 	requirements. Entities that choose to be CCBHCs must:
123.4 	(1) comply with state licensing requirements and other requirements issued by the 
123.5 	commissioner;
123.6 	(2) employ or contract for clinic staff who have backgrounds in diverse disciplines, 
123.7 	including licensed mental health professionals and licensed alcohol and drug counselors, 
123.8 	and staff who are culturally and linguistically trained to meet the needs of the population 
123.9 	the clinic serves;
123.10 	(3) ensure that clinic services are available and accessible to individuals and families of 
123.11 	all ages and genders and that crisis management services are available 24 hours per day;
123.12 	(4) establish fees for clinic services for individuals who are not enrolled in medical 
123.13 	assistance using a sliding fee scale that ensures that services to patients are not denied or 
123.14 	limited due to an individual's inability to pay for services;
123.15 	(5) comply with quality assurance reporting requirements and other reporting 
123.16 	requirements, including any required reporting of encounter data, clinical outcomes data, 
123.17 	and quality data;
123.18 	(6) provide crisis mental health and substance use services, withdrawal management 
123.19 	services, emergency crisis intervention services, and stabilization services through existing 
123.20 	mobile crisis services; screening, assessment, and diagnosis services, including risk 
123.21 	assessments and level of care determinations; person- and family-centered treatment planning; 
123.22 	outpatient mental health and substance use services; targeted case management; psychiatric 
123.23 	rehabilitation services; peer support and counselor services and family support services; 
123.24 	and intensive community-based mental health services, including mental health services 
123.25 	for members of the armed forces and veterans. CCBHCs must directly provide the majority 
123.26 	of these services to enrollees, but may coordinate some services with another entity through 
123.27 	a collaboration or agreement, pursuant to paragraph (b);
123.28 	(7) provide coordination of care across settings and providers to ensure seamless 
123.29 	transitions for individuals being served across the full spectrum of health services, including 
123.30 	acute, chronic, and behavioral needs. Care coordination may be accomplished through 
123.31 	partnerships or formal contracts with:
124.1 	(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified 
124.2 	health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or 
124.3 	community-based mental health providers; and
124.4 	(ii) other community services, supports, and providers, including schools, child welfare 
124.5 	agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally 
124.6 	licensed health care and mental health facilities, urban Indian health clinics, Department of 
124.7 	Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals, 
124.8 	and hospital outpatient clinics;
124.9 	(8) be certified as a mental health clinics clinic under section 245.69, subdivision 2
124.10 	245I.20;
124.11 	(9) comply with standards established by the commissioner relating to CCBHC 
124.12 	screenings, assessments, and evaluations;
124.13 	(10) be licensed to provide substance use disorder treatment under chapter 245G;
124.14 	(11) be certified to provide children's therapeutic services and supports under section 
124.15 	256B.0943;
124.16 	(12) be certified to provide adult rehabilitative mental health services under section 
124.17 	256B.0623;
124.18 	(13) be enrolled to provide mental health crisis response services under sections section
124.19 	256B.0624 and 256B.0944;
124.20 	(14) be enrolled to provide mental health targeted case management under section 
124.21 	256B.0625, subdivision 20;
124.22 	(15) comply with standards relating to mental health case management in Minnesota 
124.23 	Rules, parts 9520.0900 to 9520.0926;
124.24 	(16) provide services that comply with the evidence-based practices described in 
124.25 	paragraph (e); and
124.26 	(17) comply with standards relating to peer services under sections 256B.0615, 
124.27 	256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5) subdivision 2, clause (8), 
124.28 	as applicable when peer services are provided.
124.29 	(b) If a certified CCBHC is unable to provide one or more of the services listed in 
124.30 	paragraph (a), clauses (6) to (17), the CCBHC may contract with another entity that has the 
124.31 	required authority to provide that service and that meets the following criteria as a designated 
124.32 	collaborating organization:
125.1 	(1) the entity has a formal agreement with the CCBHC to furnish one or more of the 
125.2 	services under paragraph (a), clause (6);
125.3 	(2) the entity provides assurances that it will provide services according to CCBHC 
125.4 	service standards and provider requirements;
125.5 	(3) the entity agrees that the CCBHC is responsible for coordinating care and has clinical 
125.6 	and financial responsibility for the services that the entity provides under the agreement; 
125.7 	and
125.8 	(4) the entity meets any additional requirements issued by the commissioner.
125.9 	(c) Notwithstanding any other law that requires a county contract or other form of county 
125.10 	approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets 
125.11 	CCBHC requirements may receive the prospective payment under section 256B.0625, 
125.12 	subdivision 5m, for those services without a county contract or county approval. As part of 
125.13 	the certification process in paragraph (a), the commissioner shall require a letter of support 
125.14 	from the CCBHC's host county confirming that the CCBHC and the county or counties it 
125.15 	serves have an ongoing relationship to facilitate access and continuity of care, especially 
125.16 	for individuals who are uninsured or who may go on and off medical assistance.
125.17 	(d) When the standards listed in paragraph (a) or other applicable standards conflict or 
125.18 	address similar issues in duplicative or incompatible ways, the commissioner may grant 
125.19 	variances to state requirements if the variances do not conflict with federal requirements 
125.20 	for services reimbursed under medical assistance. If standards overlap, the commissioner 
125.21 	may substitute all or a part of a licensure or certification that is substantially the same as 
125.22 	another licensure or certification. The commissioner shall consult with stakeholders, as 
125.23 	described in subdivision 4, before granting variances under this provision. For the CCBHC 
125.24 	that is certified but not approved for prospective payment under section 256B.0625, 
125.25 	subdivision 5m, the commissioner may grant a variance under this paragraph if the variance 
125.26 	does not increase the state share of costs.
125.27 	(e) The commissioner shall issue a list of required evidence-based practices to be 
125.28 	delivered by CCBHCs, and may also provide a list of recommended evidence-based practices. 
125.29 	The commissioner may update the list to reflect advances in outcomes research and medical 
125.30 	services for persons living with mental illnesses or substance use disorders. The commissioner 
125.31 	shall take into consideration the adequacy of evidence to support the efficacy of the practice, 
125.32 	the quality of workforce available, and the current availability of the practice in the state. 
125.33 	At least 30 days before issuing the initial list and any revisions, the commissioner shall 
125.34 	provide stakeholders with an opportunity to comment.
126.1 	(f) The commissioner shall recertify CCBHCs at least every three years. The 
126.2 	commissioner shall establish a process for decertification and shall require corrective action, 
126.3 	medical assistance repayment, or decertification of a CCBHC that no longer meets the 
126.4 	requirements in this section or that fails to meet the standards provided by the commissioner 
126.5 	in the application and certification process.

126.6 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
126.7 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
126.8 	when federal approval is obtained.

126.9 	Sec. 10. Minnesota Statutes 2021 Supplement, section 245A.03, subdivision 7, is amended 
126.10 	to read:
126.11 		Subd. 7.Licensing moratorium. (a) The commissioner shall not issue an initial license 
126.12 	for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult 
126.13 	foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter 
126.14 	for a physical location that will not be the primary residence of the license holder for the 
126.15 	entire period of licensure. If a family child foster care home or family adult foster care home 
126.16 	license is issued during this moratorium, and the license holder changes the license holder's 
126.17 	primary residence away from the physical location of the foster care license, the 
126.18 	commissioner shall revoke the license according to section 245A.07. The commissioner 
126.19 	shall not issue an initial license for a community residential setting licensed under chapter 
126.20 	245D. When approving an exception under this paragraph, the commissioner shall consider 
126.21 	the resource need determination process in paragraph (h), the availability of foster care 
126.22 	licensed beds in the geographic area in which the licensee seeks to operate, the results of a 
126.23 	person's choices during their annual assessment and service plan review, and the 
126.24 	recommendation of the local county board. The determination by the commissioner is final 
126.25 	and not subject to appeal. Exceptions to the moratorium include:
126.26 	(1) foster care settings where at least 80 percent of the residents are 55 years of age or 
126.27 	older;
126.28 	(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or 
126.29 	community residential setting licenses replacing adult foster care licenses in existence on 
126.30 	December 31, 2013, and determined to be needed by the commissioner under paragraph 
126.31 	(b);
126.32 	(3) new foster care licenses or community residential setting licenses determined to be 
126.33 	needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, 
126.34 	or regional treatment center; restructuring of state-operated services that limits the capacity 
127.1 	of state-operated facilities; or allowing movement to the community for people who no 
127.2 	longer require the level of care provided in state-operated facilities as provided under section 
127.3 	256B.092, subdivision 13, or 256B.49, subdivision 24;
127.4 	(4) new foster care licenses or community residential setting licenses determined to be 
127.5 	needed by the commissioner under paragraph (b) for persons requiring hospital level care;
127.6 	or
127.7 	(5) new foster care licenses or community residential setting licenses for people receiving 
127.8 	services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and 
127.9 	for which a license is required. This exception does not apply to people living in their own 
127.10 	home. For purposes of this clause, there is a presumption that a foster care or community 
127.11 	residential setting license is required for services provided to three or more people in a 
127.12 	dwelling unit when the setting is controlled by the provider. A license holder subject to this 
127.13 	exception may rebut the presumption that a license is required by seeking a reconsideration 
127.14 	of the commissioner's determination. The commissioner's disposition of a request for 
127.15 	reconsideration is final and not subject to appeal under chapter 14. The exception is available 
127.16 	until June 30, 2018. This exception is available when:
127.17 	(i) the person's case manager provided the person with information about the choice of 
127.18 	service, service provider, and location of service, including in the person's home, to help 
127.19 	the person make an informed choice; and
127.20 	(ii) the person's services provided in the licensed foster care or community residential 
127.21 	setting are less than or equal to the cost of the person's services delivered in the unlicensed 
127.22 	setting as determined by the lead agency; or
127.23 	(6) (5) new foster care licenses or community residential setting licenses for people 
127.24 	receiving customized living or 24-hour customized living services under the brain injury 
127.25 	or community access for disability inclusion waiver plans under section 256B.49 and residing 
127.26 	in the customized living setting before July 1, 2022, for which a license is required. A 
127.27 	customized living service provider subject to this exception may rebut the presumption that 
127.28 	a license is required by seeking a reconsideration of the commissioner's determination. The 
127.29 	commissioner's disposition of a request for reconsideration is final and not subject to appeal 
127.30 	under chapter 14. The exception is available until June 30, 2023. This exception is available 
127.31 	when:
127.32 	(i) the person's customized living services are provided in a customized living service 
127.33 	setting serving four or fewer people under the brain injury or community access for disability 
128.1 	inclusion waiver plans under section 256B.49 in a single-family home operational on or 
128.2 	before June 30, 2021. Operational is defined in section 256B.49, subdivision 28;
128.3 	(ii) the person's case manager provided the person with information about the choice of 
128.4 	service, service provider, and location of service, including in the person's home, to help 
128.5 	the person make an informed choice; and
128.6 	(iii) the person's services provided in the licensed foster care or community residential 
128.7 	setting are less than or equal to the cost of the person's services delivered in the customized 
128.8 	living setting as determined by the lead agency.
128.9 	(b) The commissioner shall determine the need for newly licensed foster care homes or 
128.10 	community residential settings as defined under this subdivision. As part of the determination, 
128.11 	the commissioner shall consider the availability of foster care capacity in the area in which 
128.12 	the licensee seeks to operate, and the recommendation of the local county board. The 
128.13 	determination by the commissioner must be final. A determination of need is not required 
128.14 	for a change in ownership at the same address.
128.15 	(c) When an adult resident served by the program moves out of a foster home that is not 
128.16 	the primary residence of the license holder according to section 256B.49, subdivision 15, 
128.17 	paragraph (f), or the adult community residential setting, the county shall immediately 
128.18 	inform the Department of Human Services Licensing Division. The department may decrease 
128.19 	the statewide licensed capacity for adult foster care settings.
128.20 	(d) Residential settings that would otherwise be subject to the decreased license capacity 
128.21 	established in paragraph (c) shall be exempt if the license holder's beds are occupied by 
128.22 	residents whose primary diagnosis is mental illness and the license holder is certified under 
128.23 	the requirements in subdivision 6a or section 245D.33.
128.24 	(e) A resource need determination process, managed at the state level, using the available 
128.25 	reports required by section 144A.351, and other data and information shall be used to 
128.26 	determine where the reduced capacity determined under section 256B.493 will be 
128.27 	implemented. The commissioner shall consult with the stakeholders described in section 
128.28 	144A.351, and employ a variety of methods to improve the state's capacity to meet the 
128.29 	informed decisions of those people who want to move out of corporate foster care or 
128.30 	community residential settings, long-term service needs within budgetary limits, including 
128.31 	seeking proposals from service providers or lead agencies to change service type, capacity, 
128.32 	or location to improve services, increase the independence of residents, and better meet 
128.33 	needs identified by the long-term services and supports reports and statewide data and 
128.34 	information.
129.1 	(f) At the time of application and reapplication for licensure, the applicant and the license 
129.2 	holder that are subject to the moratorium or an exclusion established in paragraph (a) are 
129.3 	required to inform the commissioner whether the physical location where the foster care 
129.4 	will be provided is or will be the primary residence of the license holder for the entire period 
129.5 	of licensure. If the primary residence of the applicant or license holder changes, the applicant 
129.6 	or license holder must notify the commissioner immediately. The commissioner shall print 
129.7 	on the foster care license certificate whether or not the physical location is the primary 
129.8 	residence of the license holder.
129.9 	(g) License holders of foster care homes identified under paragraph (f) that are not the 
129.10 	primary residence of the license holder and that also provide services in the foster care home 
129.11 	that are covered by a federally approved home and community-based services waiver, as 
129.12 	authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human 
129.13 	services licensing division that the license holder provides or intends to provide these 
129.14 	waiver-funded services.
129.15 	(h) The commissioner may adjust capacity to address needs identified in section 
129.16 	144A.351. Under this authority, the commissioner may approve new licensed settings or 
129.17 	delicense existing settings. Delicensing of settings will be accomplished through a process 
129.18 	identified in section 256B.493. Annually, by August 1, the commissioner shall provide 
129.19 	information and data on capacity of licensed long-term services and supports, actions taken 
129.20 	under the subdivision to manage statewide long-term services and supports resources, and 
129.21 	any recommendations for change to the legislative committees with jurisdiction over the 
129.22 	health and human services budget.
129.23 	(i) The commissioner must notify a license holder when its corporate foster care or 
129.24 	community residential setting licensed beds are reduced under this section. The notice of 
129.25 	reduction of licensed beds must be in writing and delivered to the license holder by certified 
129.26 	mail or personal service. The notice must state why the licensed beds are reduced and must 
129.27 	inform the license holder of its right to request reconsideration by the commissioner. The 
129.28 	license holder's request for reconsideration must be in writing. If mailed, the request for 
129.29 	reconsideration must be postmarked and sent to the commissioner within 20 calendar days 
129.30 	after the license holder's receipt of the notice of reduction of licensed beds. If a request for 
129.31 	reconsideration is made by personal service, it must be received by the commissioner within 
129.32 	20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
129.33 	(j) The commissioner shall not issue an initial license for children's residential treatment 
129.34 	services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter 
129.35 	for a program that Centers for Medicare and Medicaid Services would consider an institution 
130.1 	for mental diseases. Facilities that serve only private pay clients are exempt from the 
130.2 	moratorium described in this paragraph. The commissioner has the authority to manage 
130.3 	existing statewide capacity for children's residential treatment services subject to the 
130.4 	moratorium under this paragraph and may issue an initial license for such facilities if the 
130.5 	initial license would not increase the statewide capacity for children's residential treatment 
130.6 	services subject to the moratorium under this paragraph.

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

130.8 	Sec. 11. Minnesota Statutes 2020, section 245A.11, subdivision 2, is amended to read:
130.9 		Subd. 2.Permitted single-family residential use. (a) Residential programs with a 
130.10 	licensed capacity of six or fewer persons shall be considered a permitted single-family 
130.11 	residential use of property for the purposes of zoning and other land use regulations, except 
130.12 	that a residential program whose primary purpose is to treat juveniles who have violated 
130.13 	criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis 
130.14 	of conduct in violation of criminal statutes relating to sex offenses shall not be considered 
130.15 	a permitted use. This exception shall not apply to residential programs licensed before July 
130.16 	1, 1995. Programs otherwise allowed under this subdivision shall not be prohibited by 
130.17 	operation of restrictive covenants or similar restrictions, regardless of when entered into, 
130.18 	which cannot be met because of the nature of the licensed program, including provisions 
130.19 	which require the home's occupants be related, and that the home must be occupied by the 
130.20 	owner, or similar provisions.
130.21 	(b) Unless otherwise provided in any town, municipal, or county zoning regulation, 
130.22 	licensed residential services provided to more than four persons with developmental 
130.23 	disabilities in a supervised living facility, including intermediate care facilities for persons 
130.24 	with developmental disabilities, with a licensed capacity of seven to eight persons shall be 
130.25 	considered a permitted single-family residential use of property for the purposes of zoning 
130.26 	and other land use regulations. A town, municipal, or county zoning authority may require 
130.27 	a conditional use or special use permit to assure proper maintenance and operation of the 
130.28 	residential program. Conditions imposed on the residential program must not be more 
130.29 	restrictive than those imposed on other conditional uses or special uses of residential property 
130.30 	in the same zones, unless the additional conditions are necessary to protect the health and 
130.31 	safety of the persons being served by the program. This paragraph expires July 1, 2023.

130.32 	EFFECTIVE DATE. This section is effective July 1, 2022.

131.1 	Sec. 12. Minnesota Statutes 2020, section 245A.11, subdivision 2a, is amended to read:
131.2 		Subd. 2a.Adult foster care and community residential setting license capacity. (a) 
131.3 	The commissioner shall issue adult foster care and community residential setting licenses 
131.4 	with a maximum licensed capacity of four beds, including nonstaff roomers and boarders, 
131.5 	except that the commissioner may issue a license with a capacity of five beds, including 
131.6 	roomers and boarders, according to paragraphs (b) to (g).
131.7 	(b) The license holder may have a maximum license capacity of five if all persons in 
131.8 	care are age 55 or over and do not have a serious and persistent mental illness or a 
131.9 	developmental disability.
131.10 	(c) The commissioner may grant variances to paragraph (b) to allow a facility with a 
131.11 	licensed capacity of up to five persons to admit an individual under the age of 55 if the 
131.12 	variance complies with section 245A.04, subdivision 9, and approval of the variance is 
131.13 	recommended by the county in which the licensed facility is located.
131.14 	(d) The commissioner may grant variances to paragraph (a) to allow the use of an 
131.15 	additional bed, up to five six, for emergency crisis services for a person with serious and 
131.16 	persistent mental illness or a developmental disability, regardless of age, if the variance 
131.17 	complies with section 245A.04, subdivision 9, and approval of the variance is recommended 
131.18 	by the county in which the licensed facility is located.
131.19 	(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an 
131.20 	additional bed, up to five six, for respite services, as defined in section 245A.02, for persons 
131.21 	with disabilities, regardless of age, if the variance complies with sections 245A.03, 
131.22 	subdivision 7, and 245A.04, subdivision 9, and approval of the variance is recommended 
131.23 	by the county in which the licensed facility is located. Respite care may be provided under 
131.24 	the following conditions:
131.25 	(1) staffing ratios cannot be reduced below the approved level for the individuals being 
131.26 	served in the home on a permanent basis;
131.27 	(2) no more than two different individuals can be accepted for respite services in any 
131.28 	calendar month and the total respite days may not exceed 120 days per program in any 
131.29 	calendar year;
131.30 	(3) the person receiving respite services must have his or her own bedroom, which could 
131.31 	be used for alternative purposes when not used as a respite bedroom, and cannot be the 
131.32 	room of another person who lives in the facility; and
132.1 	(4) individuals living in the facility must be notified when the variance is approved. The 
132.2 	provider must give 60 days' notice in writing to the residents and their legal representatives 
132.3 	prior to accepting the first respite placement. Notice must be given to residents at least two 
132.4 	days prior to service initiation, or as soon as the license holder is able if they receive notice 
132.5 	of the need for respite less than two days prior to initiation, each time a respite client will 
132.6 	be served, unless the requirement for this notice is waived by the resident or legal guardian.
132.7 	(f) The commissioner may issue an adult foster care or community residential setting 
132.8 	license with a capacity of five adults if the fifth bed does not increase the overall statewide 
132.9 	capacity of licensed adult foster care or community residential setting beds in homes that 
132.10 	are not the primary residence of the license holder, as identified in a plan submitted to the 
132.11 	commissioner by the county, when the capacity is recommended by the county licensing 
132.12 	agency of the county in which the facility is located and if the recommendation verifies 
132.13 	that:
132.14 	(1) the facility meets the physical environment requirements in the adult foster care 
132.15 	licensing rule;
132.16 	(2) the five-bed living arrangement is specified for each resident in the resident's:
132.17 	(i) individualized plan of care;
132.18 	(ii) individual service plan under section 256B.092, subdivision 1b, if required; or
132.19 	(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105, 
132.20 	subpart 19, if required;
132.21 	(3) the license holder obtains written and signed informed consent from each resident 
132.22 	or resident's legal representative documenting the resident's informed choice to remain 
132.23 	living in the home and that the resident's refusal to consent would not have resulted in 
132.24 	service termination; and
132.25 	(4) the facility was licensed for adult foster care before March 1, 2016.
132.26 	(g) The commissioner shall not issue a new adult foster care license under paragraph (f) 
132.27 	after December 31, 2020. The commissioner shall allow a facility with an adult foster care 
132.28 	license issued under paragraph (f) before December 31, 2020, to continue with a capacity 
132.29 	of five adults if the license holder continues to comply with the requirements in paragraph 
132.30 	(f).
132.31 	(h) Notwithstanding Minnesota Rules, part 9520.0500, adult foster care and community 
132.32 	residential setting licenses with a capacity of up to six adults as allowed under this subdivision 
133.1 	are not required to be licensed as an adult mental health residential program according to 
133.2 	Minnesota Rules, parts 9520.0500 to 9520.0670.

133.3 	EFFECTIVE DATE. This section is effective upon federal approval. The amendments 
133.4 	to paragraphs (d) and (e) expire 365 calendar days after federal approval is obtained and 
133.5 	the language of Minnesota Statutes 2020, section 245A.11, subdivision 2a, paragraphs (d) 
133.6 	and (e), is revived and reenacted as of that date. The commissioner of human services shall 
133.7 	notify the revisor of statutes when federal approval is obtained.

133.8 	Sec. 13. Minnesota Statutes 2020, section 245A.11, is amended by adding a subdivision 
133.9 	to read:
133.10 		Subd. 2c.Residential programs in intermediate care facilities; license 
133.11 	capacity. Notwithstanding subdivision 4 and section 252.28, subdivision 3, for licensed 
133.12 	residential services provided to more than four persons with developmental disabilities in 
133.13 	a supervised living facility, including intermediate care facilities for persons with 
133.14 	developmental disabilities, located in a single-family home and in a town, municipal, or 
133.15 	county zoning authority that will permit a licensed capacity of seven or eight persons in a 
133.16 	single-family home, the commissioner may increase the licensed capacity of the program 
133.17 	to seven or eight if the seventh or eighth bed does not increase the overall statewide capacity 
133.18 	in intermediate care facilities for persons with developmental disabilities. If the licensed 
133.19 	capacity of these facilities is increased under this subdivision, the capacity of the license 
133.20 	may remain at the increased number of persons. This subdivision expires July 1, 2023.

133.21 	EFFECTIVE DATE. This section is effective July 1, 2022.

133.22 	Sec. 14. Minnesota Statutes 2020, section 245D.12, is amended to read:
133.23 	245D.12 INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY 
133.24 	REPORT.
133.25 	(a) The license holder providing integrated community support, as defined in section 
133.26 	245D.03, subdivision 1, paragraph (c), clause (8), must submit a setting capacity report to 
133.27 	the commissioner to ensure the identified location of service delivery meets the criteria of 
133.28 	the home and community-based service requirements as specified in section 256B.492.
133.29 	(b) The license holder shall provide the setting capacity report on the forms and in the 
133.30 	manner prescribed by the commissioner. The report must include:
134.1 	(1) the address of the multifamily housing building where the license holder delivers 
134.2 	integrated community supports and owns, leases, or has a direct or indirect financial 
134.3 	relationship with the property owner;
134.4 	(2) the total number of living units in the multifamily housing building described in 
134.5 	clause (1) where integrated community supports are delivered;
134.6 	(3) the total number of living units in the multifamily housing building described in 
134.7 	clause (1), including the living units identified in clause (2); and
134.8 	(4) the total number of people who could reside in the living units in the multifamily 
134.9 	housing building described in clause (2) and receive integrated community supports; and
134.10 	(4) (5) the percentage of living units that are controlled by the license holder in the 
134.11 	multifamily housing building by dividing clause (2) by clause (3).
134.12 	(c) Only one license holder may deliver integrated community supports at the address 
134.13 	of the multifamily housing building.

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

134.15 	Sec. 15. Minnesota Statutes 2020, section 245G.01, is amended by adding a subdivision 
134.16 	to read:
134.17 		Subd. 13b.Guest speaker. "Guest speaker" means an individual who is not an alcohol 
134.18 	and drug counselor qualified according to section 245G.11, subdivision 5; is not qualified 
134.19 	according to the commissioner's list of professionals under section 245G.07, subdivision 
134.20 	3; and who works under the direct observation of an alcohol and drug counselor to present 
134.21 	to clients on topics in which the guest speaker has expertise and that the license holder has 
134.22 	determined to be beneficial to a client's recovery. Tribally licensed programs have autonomy 
134.23 	to identify the qualifications of their guest speakers.

134.24 	Sec. 16. Minnesota Statutes 2020, section 245G.07, is amended by adding a subdivision 
134.25 	to read:
134.26 		Subd. 3a.Use of guest speakers. (a) The license holder may allow a guest speaker to 
134.27 	present information to clients as part of a treatment service provided by an alcohol and drug 
134.28 	counselor, according to the requirements of this subdivision.
134.29 	(b) An alcohol and drug counselor must visually observe and listen to the presentation 
134.30 	of information by a guest speaker the entire time the guest speaker presents information to 
135.1 	the clients. The alcohol and drug counselor is responsible for all information the guest 
135.2 	speaker presents to the clients.
135.3 	(c) The presentation of information by a guest speaker constitutes a direct contact service, 
135.4 	as defined in section 245C.02, subdivision 11.
135.5 	(d) The license holder must provide the guest speaker with all training required for staff 
135.6 	members. If the guest speaker provides direct contact services one day a month or less, the 
135.7 	license holder must only provide the guest speaker with orientation training on the following 
135.8 	subjects before the guest speaker provides direct contact services:
135.9 	(1) mandatory reporting of maltreatment, as specified in sections 245A.65, 626.557, and 
135.10 	626.5572 and chapter 260E;
135.11 	(2) applicable client confidentiality rules and regulations;
135.12 	(3) ethical standards for client interactions; and
135.13 	(4) emergency procedures.

135.14 	Sec. 17. Minnesota Statutes 2020, section 245G.12, is amended to read:
135.15 	245G.12 PROVIDER POLICIES AND PROCEDURES.
135.16 	A license holder must develop a written policies and procedures manual, indexed 
135.17 	according to section 245A.04, subdivision 14, paragraph (c), that provides staff members 
135.18 	immediate access to all policies and procedures and provides a client and other authorized 
135.19 	parties access to all policies and procedures. The manual must contain the following 
135.20 	materials:
135.21 	(1) assessment and treatment planning policies, including screening for mental health 
135.22 	concerns and treatment objectives related to the client's identified mental health concerns 
135.23 	in the client's treatment plan;
135.24 	(2) policies and procedures regarding HIV according to section 245A.19;
135.25 	(3) the license holder's methods and resources to provide information on tuberculosis 
135.26 	and tuberculosis screening to each client and to report a known tuberculosis infection 
135.27 	according to section 144.4804;
135.28 	(4) personnel policies according to section 245G.13;
135.29 	(5) policies and procedures that protect a client's rights according to section 245G.15;
135.30 	(6) a medical services plan according to section 245G.08;
136.1 	(7) emergency procedures according to section 245G.16;
136.2 	(8) policies and procedures for maintaining client records according to section 245G.09;
136.3 	(9) procedures for reporting the maltreatment of minors according to chapter 260E, and 
136.4 	vulnerable adults according to sections 245A.65, 626.557, and 626.5572;
136.5 	(10) a description of treatment services that: (i) includes the amount and type of services 
136.6 	provided; (ii) identifies which services meet the definition of group counseling under section 
136.7 	245G.01, subdivision 13a; and (iii) identifies which groups and topics on which a guest 
136.8 	speaker could provide services under the direct observation of an alcohol and drug counselor; 
136.9 	and (iv) defines the program's treatment week;
136.10 	(11) the methods used to achieve desired client outcomes;
136.11 	(12) the hours of operation; and
136.12 	(13) the target population served.

136.13 	Sec. 18. Minnesota Statutes 2021 Supplement, section 245I.02, subdivision 19, is amended 
136.14 	to read:
136.15 		Subd. 19.Level of care assessment. "Level of care assessment" means the level of care 
136.16 	decision support tool appropriate to the client's age. For a client five years of age or younger, 
136.17 	a level of care assessment is the Early Childhood Service Intensity Instrument (ESCII). For 
136.18 	a client six to 17 years of age, a level of care assessment is the Child and Adolescent Service 
136.19 	Intensity Instrument (CASII). For a client 18 years of age or older, a level of care assessment 
136.20 	is the Level of Care Utilization System for Psychiatric and Addiction Services (LOCUS)
136.21 	or another tool authorized by the commissioner.

136.22 	Sec. 19. Minnesota Statutes 2021 Supplement, section 245I.02, subdivision 36, is amended 
136.23 	to read:
136.24 		Subd. 36.Staff person. "Staff person" means an individual who works under a license 
136.25 	holder's direction or under a contract with a license holder. Staff person includes an intern, 
136.26 	consultant, contractor, individual who works part-time, and an individual who does not 
136.27 	provide direct contact services to clients but does have physical access to clients. Staff 
136.28 	person includes a volunteer who provides treatment services to a client or a volunteer whom 
136.29 	the license holder regards as a staff person for the purpose of meeting staffing or service 
136.30 	delivery requirements. A staff person must be 18 years of age or older.

137.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
137.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
137.3 	when federal approval is obtained.

137.4 	Sec. 20. Minnesota Statutes 2021 Supplement, section 245I.03, subdivision 5, is amended 
137.5 	to read:
137.6 		Subd. 5.Health services and medications. If a license holder is licensed as a residential 
137.7 	program, stores or administers client medications, or observes clients self-administer 
137.8 	medications, the license holder must ensure that a staff person who is a registered nurse or 
137.9 	licensed prescriber reviews and approves of the license holder's policies and procedures to 
137.10 	comply with the health services and medications requirements in section 245I.11, the training 
137.11 	requirements in section 245I.05, subdivision 6 5, and the documentation requirements in 
137.12 	section 245I.08, subdivision 5.

137.13 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
137.14 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
137.15 	when federal approval is obtained.

137.16 	Sec. 21. Minnesota Statutes 2021 Supplement, section 245I.03, subdivision 9, is amended 
137.17 	to read:
137.18 		Subd. 9.Volunteers. A If a license holder uses volunteers, the license holder must have 
137.19 	policies and procedures for using volunteers, including when a the license holder must 
137.20 	submit a background study for a volunteer, and the specific tasks that a volunteer may 
137.21 	perform.

137.22 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
137.23 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
137.24 	when federal approval is obtained.

137.25 	Sec. 22. Minnesota Statutes 2021 Supplement, section 245I.04, subdivision 4, is amended 
137.26 	to read:
137.27 		Subd. 4.Mental health practitioner qualifications. (a) An individual who is qualified 
137.28 	in at least one of the ways described in paragraph (b) to (d) may serve as a mental health 
137.29 	practitioner.
137.30 	(b) An individual is qualified as a mental health practitioner through relevant coursework 
137.31 	if the individual completes at least 30 semester hours or 45 quarter hours in behavioral 
137.32 	sciences or related fields and:
138.1 	(1) has at least 2,000 hours of experience providing services to individuals with:
138.2 	(i) a mental illness or a substance use disorder; or
138.3 	(ii) a traumatic brain injury or a developmental disability, and completes the additional 
138.4 	training described in section 245I.05, subdivision 3, paragraph (c), before providing direct 
138.5 	contact services to a client;
138.6 	(2) is fluent in the non-English language of the ethnic group to which at least 50 percent 
138.7 	of the individual's clients belong, and completes the additional training described in section 
138.8 	245I.05, subdivision 3, paragraph (c), before providing direct contact services to a client;
138.9 	(3) is working in a day treatment program under section 256B.0671, subdivision 3, or 
138.10 	256B.0943; or
138.11 	(4) has completed a practicum or internship that (i) required direct interaction with adult 
138.12 	clients or child clients, and (ii) was focused on behavioral sciences or related fields.; or
138.13 	(5) is in the process of completing a practicum or internship as part of a formal 
138.14 	undergraduate or graduate training program in social work, psychology, or counseling.
138.15 	(c) An individual is qualified as a mental health practitioner through work experience 
138.16 	if the individual:
138.17 	(1) has at least 4,000 hours of experience in the delivery of services to individuals with:
138.18 	(i) a mental illness or a substance use disorder; or
138.19 	(ii) a traumatic brain injury or a developmental disability, and completes the additional 
138.20 	training described in section 245I.05, subdivision 3, paragraph (c), before providing direct 
138.21 	contact services to clients; or
138.22 	(2) receives treatment supervision at least once per week until meeting the requirement 
138.23 	in clause (1) of 4,000 hours of experience and has at least 2,000 hours of experience providing 
138.24 	services to individuals with:
138.25 	(i) a mental illness or a substance use disorder; or
138.26 	(ii) a traumatic brain injury or a developmental disability, and completes the additional 
138.27 	training described in section 245I.05, subdivision 3, paragraph (c), before providing direct 
138.28 	contact services to clients.
138.29 	(d) An individual is qualified as a mental health practitioner if the individual has a 
138.30 	master's or other graduate degree in behavioral sciences or related fields.

139.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
139.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
139.3 	when federal approval is obtained.

139.4 	Sec. 23. Minnesota Statutes 2021 Supplement, section 245I.05, subdivision 3, is amended 
139.5 	to read:
139.6 		Subd. 3.Initial training. (a) A staff person must receive training about:
139.7 	(1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and
139.8 	(2) the maltreatment of minor reporting requirements and definitions in chapter 260E 
139.9 	within 72 hours of first providing direct contact services to a client.
139.10 	(b) Before providing direct contact services to a client, a staff person must receive training 
139.11 	about:
139.12 	(1) client rights and protections under section 245I.12;
139.13 	(2) the Minnesota Health Records Act, including client confidentiality, family engagement 
139.14 	under section 144.294, and client privacy;
139.15 	(3) emergency procedures that the staff person must follow when responding to a fire, 
139.16 	inclement weather, a report of a missing person, and a behavioral or medical emergency;
139.17 	(4) specific activities and job functions for which the staff person is responsible, including 
139.18 	the license holder's program policies and procedures applicable to the staff person's position;
139.19 	(5) professional boundaries that the staff person must maintain; and
139.20 	(6) specific needs of each client to whom the staff person will be providing direct contact 
139.21 	services, including each client's developmental status, cognitive functioning, and physical 
139.22 	and mental abilities.
139.23 	(c) Before providing direct contact services to a client, a mental health rehabilitation 
139.24 	worker, mental health behavioral aide, or mental health practitioner qualified underrequired 
139.25 	to receive the training according to section 245I.04, subdivision 4, must receive 30 hours 
139.26 	of training about:
139.27 	(1) mental illnesses;
139.28 	(2) client recovery and resiliency;
139.29 	(3) mental health de-escalation techniques;
139.30 	(4) co-occurring mental illness and substance use disorders; and
140.1 	(5) psychotropic medications and medication side effects.
140.2 	(d) Within 90 days of first providing direct contact services to an adult client, a clinical 
140.3 	trainee, mental health practitioner, mental health certified peer specialist, or mental health 
140.4 	rehabilitation worker must receive training about:
140.5 	(1) trauma-informed care and secondary trauma;
140.6 	(2) person-centered individual treatment plans, including seeking partnerships with 
140.7 	family and other natural supports;
140.8 	(3) co-occurring substance use disorders; and
140.9 	(4) culturally responsive treatment practices.
140.10 	(e) Within 90 days of first providing direct contact services to a child client, a clinical 
140.11 	trainee, mental health practitioner, mental health certified family peer specialist, mental 
140.12 	health certified peer specialist, or mental health behavioral aide must receive training about 
140.13 	the topics in clauses (1) to (5). This training must address the developmental characteristics 
140.14 	of each child served by the license holder and address the needs of each child in the context 
140.15 	of the child's family, support system, and culture. Training topics must include:
140.16 	(1) trauma-informed care and secondary trauma, including adverse childhood experiences 
140.17 	(ACEs);
140.18 	(2) family-centered treatment plan development, including seeking partnership with a 
140.19 	child client's family and other natural supports;
140.20 	(3) mental illness and co-occurring substance use disorders in family systems;
140.21 	(4) culturally responsive treatment practices; and
140.22 	(5) child development, including cognitive functioning, and physical and mental abilities.
140.23 	(f) For a mental health behavioral aide, the training under paragraph (e) must include 
140.24 	parent team training using a curriculum approved by the commissioner.

140.25 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
140.26 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
140.27 	when federal approval is obtained.

141.1 	Sec. 24. Minnesota Statutes 2021 Supplement, section 245I.08, subdivision 4, is amended 
141.2 	to read:
141.3 		Subd. 4.Progress notes. A license holder must use a progress note to document each 
141.4 	occurrence of a mental health service that a staff person provides to a client. A progress 
141.5 	note must include the following:
141.6 	(1) the type of service;
141.7 	(2) the date of service;
141.8 	(3) the start and stop time of the service unless the license holder is licensed as a 
141.9 	residential program;
141.10 	(4) the location of the service;
141.11 	(5) the scope of the service, including: (i) the targeted goal and objective; (ii) the 
141.12 	intervention that the staff person provided to the client and the methods that the staff person 
141.13 	used; (iii) the client's response to the intervention; (iv) the staff person's plan to take future 
141.14 	actions, including changes in treatment that the staff person will implement if the intervention 
141.15 	was ineffective; and (v) the service modality;
141.16 	(6) the signature, printed name, and credentials of the staff person who provided the 
141.17 	service to the client;
141.18 	(7) the mental health provider travel documentation required by section 256B.0625, if 
141.19 	applicable; and
141.20 	(8) significant observations by the staff person, if applicable, including: (i) the client's 
141.21 	current risk factors; (ii) emergency interventions by staff persons; (iii) consultations with 
141.22 	or referrals to other professionals, family, or significant others; and (iv) changes in the 
141.23 	client's mental or physical symptoms.

141.24 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
141.25 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
141.26 	when federal approval is obtained.

141.27 	Sec. 25. Minnesota Statutes 2021 Supplement, section 245I.09, subdivision 2, is amended 
141.28 	to read:
141.29 		Subd. 2.Record retention. A license holder must retain client records of a discharged 
141.30 	client for a minimum of five years from the date of the client's discharge. A license holder 
141.31 	who ceases to provide treatment services to a client closes a program must retain the a
141.32 	client's records for a minimum of five years from the date that the license holder stopped 
142.1 	providing services to the client and must notify the commissioner of the location of the 
142.2 	client records and the name of the individual responsible for storing and maintaining the 
142.3 	client records.

142.4 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
142.5 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
142.6 	when federal approval is obtained.

142.7 	Sec. 26. Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 2, is amended 
142.8 	to read:
142.9 		Subd. 2.Generally. (a) A license holder must use a client's diagnostic assessment or 
142.10 	crisis assessment to determine a client's eligibility for mental health services, except as 
142.11 	provided in this section.
142.12 	(b) Prior to completing a client's initial diagnostic assessment, a license holder may 
142.13 	provide a client with the following services:
142.14 	(1) an explanation of findings;
142.15 	(2) neuropsychological testing, neuropsychological assessment, and psychological 
142.16 	testing;
142.17 	(3) any combination of psychotherapy sessions, family psychotherapy sessions, and 
142.18 	family psychoeducation sessions not to exceed three sessions;
142.19 	(4) crisis assessment services according to section 256B.0624; and
142.20 	(5) ten days of intensive residential treatment services according to the assessment and 
142.21 	treatment planning standards in section 245.23 245I.23, subdivision 7.
142.22 	(c) Based on the client's needs that a crisis assessment identifies under section 256B.0624, 
142.23 	a license holder may provide a client with the following services:
142.24 	(1) crisis intervention and stabilization services under section 245I.23 or 256B.0624; 
142.25 	and
142.26 	(2) any combination of psychotherapy sessions, group psychotherapy sessions, family 
142.27 	psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions 
142.28 	within a 12-month period without prior authorization.
142.29 	(d) Based on the client's needs in the client's brief diagnostic assessment, a license holder 
142.30 	may provide a client with any combination of psychotherapy sessions, group psychotherapy 
142.31 	sessions, family psychotherapy sessions, and family psychoeducation sessions not to exceed 
143.1 	ten sessions within a 12-month period without prior authorization for any new client or for 
143.2 	an existing client who the license holder projects will need fewer than ten sessions during 
143.3 	the next 12 months.
143.4 	(e) Based on the client's needs that a hospital's medical history and presentation 
143.5 	examination identifies, a license holder may provide a client with:
143.6 	(1) any combination of psychotherapy sessions, group psychotherapy sessions, family 
143.7 	psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions 
143.8 	within a 12-month period without prior authorization for any new client or for an existing 
143.9 	client who the license holder projects will need fewer than ten sessions during the next 12 
143.10 	months; and
143.11 	(2) up to five days of day treatment services or partial hospitalization.
143.12 	(f) A license holder must complete a new standard diagnostic assessment of a client:
143.13 	(1) when the client requires services of a greater number or intensity than the services 
143.14 	that paragraphs (b) to (e) describe;
143.15 	(2) at least annually following the client's initial diagnostic assessment if the client needs 
143.16 	additional mental health services and the client does not meet the criteria for a brief 
143.17 	assessment;
143.18 	(3) when the client's mental health condition has changed markedly since the client's 
143.19 	most recent diagnostic assessment; or
143.20 	(4) when the client's current mental health condition does not meet the criteria of the 
143.21 	client's current diagnosis.
143.22 	(g) For an existing client, the license holder must ensure that a new standard diagnostic 
143.23 	assessment includes a written update containing all significant new or changed information 
143.24 	about the client, and an update regarding what information has not significantly changed, 
143.25 	including a discussion with the client about changes in the client's life situation, functioning, 
143.26 	presenting problems, and progress with achieving treatment goals since the client's last 
143.27 	diagnostic assessment was completed.

143.28 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
143.29 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
143.30 	when federal approval is obtained.

144.1 	Sec. 27. Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 6, is amended 
144.2 	to read:
144.3 		Subd. 6.Standard diagnostic assessment; required elements. (a) Only a mental health 
144.4 	professional or a clinical trainee may complete a standard diagnostic assessment of a client. 
144.5 	A standard diagnostic assessment of a client must include a face-to-face interview with a 
144.6 	client and a written evaluation of the client. The assessor must complete a client's standard 
144.7 	diagnostic assessment within the client's cultural context.
144.8 	(b) When completing a standard diagnostic assessment of a client, the assessor must 
144.9 	gather and document information about the client's current life situation, including the 
144.10 	following information:
144.11 	(1) the client's age;
144.12 	(2) the client's current living situation, including the client's housing status and household 
144.13 	members;
144.14 	(3) the status of the client's basic needs;
144.15 	(4) the client's education level and employment status;
144.16 	(5) the client's current medications;
144.17 	(6) any immediate risks to the client's health and safety;
144.18 	(7) the client's perceptions of the client's condition;
144.19 	(8) the client's description of the client's symptoms, including the reason for the client's 
144.20 	referral;
144.21 	(9) the client's history of mental health treatment; and
144.22 	(10) cultural influences on the client.
144.23 	(c) If the assessor cannot obtain the information that this subdivision paragraph requires 
144.24 	without retraumatizing the client or harming the client's willingness to engage in treatment, 
144.25 	the assessor must identify which topics will require further assessment during the course 
144.26 	of the client's treatment. The assessor must gather and document information related to the 
144.27 	following topics:
144.28 	(1) the client's relationship with the client's family and other significant personal 
144.29 	relationships, including the client's evaluation of the quality of each relationship;
144.30 	(2) the client's strengths and resources, including the extent and quality of the client's 
144.31 	social networks;
145.1 	(3) important developmental incidents in the client's life;
145.2 	(4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;
145.3 	(5) the client's history of or exposure to alcohol and drug usage and treatment; and
145.4 	(6) the client's health history and the client's family health history, including the client's 
145.5 	physical, chemical, and mental health history.
145.6 	(d) When completing a standard diagnostic assessment of a client, an assessor must use 
145.7 	a recognized diagnostic framework.
145.8 	(1) When completing a standard diagnostic assessment of a client who is five years of 
145.9 	age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic 
145.10 	Classification of Mental Health and Development Disorders of Infancy and Early Childhood 
145.11 	published by Zero to Three.
145.12 	(2) When completing a standard diagnostic assessment of a client who is six years of 
145.13 	age or older, the assessor must use the current edition of the Diagnostic and Statistical 
145.14 	Manual of Mental Disorders published by the American Psychiatric Association.
145.15 	(3) When completing a standard diagnostic assessment of a client who is five years of 
145.16 	age or younger, an assessor must administer the Early Childhood Service Intensity Instrument 
145.17 	(ECSII) to the client and include the results in the client's assessment.
145.18 	(4) When completing a standard diagnostic assessment of a client who is six to 17 years 
145.19 	of age, an assessor must administer the Child and Adolescent Service Intensity Instrument 
145.20 	(CASII) to the client and include the results in the client's assessment.
145.21 	(5) When completing a standard diagnostic assessment of a client who is 18 years of 
145.22 	age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria 
145.23 	in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders 
145.24 	published by the American Psychiatric Association to screen and assess the client for a 
145.25 	substance use disorder.
145.26 	(e) When completing a standard diagnostic assessment of a client, the assessor must 
145.27 	include and document the following components of the assessment:
145.28 	(1) the client's mental status examination;
145.29 	(2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources; 
145.30 	vulnerabilities; safety needs, including client information that supports the assessor's findings 
145.31 	after applying a recognized diagnostic framework from paragraph (d); and any differential 
145.32 	diagnosis of the client;
146.1 	(3) an explanation of: (i) how the assessor diagnosed the client using the information 
146.2 	from the client's interview, assessment, psychological testing, and collateral information 
146.3 	about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths; 
146.4 	and (v) the client's responsivity factors.
146.5 	(f) When completing a standard diagnostic assessment of a client, the assessor must 
146.6 	consult the client and the client's family about which services that the client and the family 
146.7 	prefer to treat the client. The assessor must make referrals for the client as to services required 
146.8 	by law.

146.9 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
146.10 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
146.11 	when federal approval is obtained.

146.12 	Sec. 28. Minnesota Statutes 2021 Supplement, section 245I.20, subdivision 5, is amended 
146.13 	to read:
146.14 		Subd. 5.Treatment supervision specified. (a) A mental health professional must remain 
146.15 	responsible for each client's case. The certification holder must document the name of the 
146.16 	mental health professional responsible for each case and the dates that the mental health 
146.17 	professional is responsible for the client's case from beginning date to end date. The 
146.18 	certification holder must assign each client's case for assessment, diagnosis, and treatment 
146.19 	services to a treatment team member who is competent in the assigned clinical service, the 
146.20 	recommended treatment strategy, and in treating the client's characteristics.
146.21 	(b) Treatment supervision of mental health practitioners and clinical trainees required 
146.22 	by section 245I.06 must include case reviews as described in this paragraph. Every two 
146.23 	months, a mental health professional must complete and document a case review of each 
146.24 	client assigned to the mental health professional when the client is receiving clinical services 
146.25 	from a mental health practitioner or clinical trainee. The case review must include a 
146.26 	consultation process that thoroughly examines the client's condition and treatment, including: 
146.27 	(1) a review of the client's reason for seeking treatment, diagnoses and assessments, and 
146.28 	the individual treatment plan; (2) a review of the appropriateness, duration, and outcome 
146.29 	of treatment provided to the client; and (3) treatment recommendations.

147.1 	Sec. 29. Minnesota Statutes 2021 Supplement, section 245I.23, subdivision 22, is amended 
147.2 	to read:
147.3 		Subd. 22.Additional policy and procedure requirements. (a) In addition to the policies 
147.4 	and procedures in section 245I.03, the license holder must establish, enforce, and maintain 
147.5 	the policies and procedures in this subdivision.
147.6 	(b) The license holder must have policies and procedures for receiving referrals and 
147.7 	making admissions determinations about referred persons under subdivisions 14 to 16 15 
147.8 	to 17.
147.9 	(c) The license holder must have policies and procedures for discharging clients under 
147.10 	subdivision 17 18. In the policies and procedures, the license holder must identify the staff 
147.11 	persons who are authorized to discharge clients from the program.

147.12 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
147.13 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
147.14 	when federal approval is obtained.

147.15 	Sec. 30. Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 5, is amended 
147.16 	to read:
147.17 		Subd. 5.Rate requirements. (a) The commissioner shall establish rates for substance 
147.18 	use disorder services and service enhancements funded under this chapter.
147.19 	(b) Eligible substance use disorder treatment services include:
147.20 	(1) outpatient treatment services that are licensed according to sections 245G.01 to 
147.21 	245G.17, or applicable tribal license;
147.22 	(2) comprehensive assessments provided according to sections 245.4863, paragraph (a), 
147.23 	and 245G.05;
147.24 	(3) care coordination services provided according to section 245G.07, subdivision 1, 
147.25 	paragraph (a), clause (5);
147.26 	(4) peer recovery support services provided according to section 245G.07, subdivision 
147.27 	2, clause (8);
147.28 	(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management 
147.29 	services provided according to chapter 245F;
147.30 	(6) medication-assisted therapy services that are licensed according to sections 245G.01 
147.31 	to 245G.17 and 245G.22, or applicable tribal license;
148.1 	(7) medication-assisted therapy plus enhanced treatment services that meet the 
148.2 	requirements of clause (6) and provide nine hours of clinical services each week;
148.3 	(8) high, medium, and low intensity residential treatment services that are licensed 
148.4 	according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which 
148.5 	provide, respectively, 30, 15, and five hours of clinical services each week;
148.6 	(9) hospital-based treatment services that are licensed according to sections 245G.01 to 
148.7 	245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to 
148.8 	144.56;
148.9 	(10) adolescent treatment programs that are licensed as outpatient treatment programs 
148.10 	according to sections 245G.01 to 245G.18 or as residential treatment programs according 
148.11 	to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or 
148.12 	applicable tribal license;
148.13 	(11) high-intensity residential treatment services that are licensed according to sections 
148.14 	245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of 
148.15 	clinical services each week provided by a state-operated vendor or to clients who have been 
148.16 	civilly committed to the commissioner, present the most complex and difficult care needs, 
148.17 	and are a potential threat to the community; and
148.18 	(12) room and board facilities that meet the requirements of subdivision 1a.
148.19 	(c) The commissioner shall establish higher rates for programs that meet the requirements 
148.20 	of paragraph (b) and one of the following additional requirements:
148.21 	(1) programs that serve parents with their children if the program:
148.22 	(i) provides on-site child care during the hours of treatment activity that:
148.23 	(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter 
148.24 	9503; or
148.25 	(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph 
148.26 	(a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or
148.27 	(ii) arranges for off-site child care during hours of treatment activity at a facility that is 
148.28 	licensed under chapter 245A as:
148.29 	(A) a child care center under Minnesota Rules, chapter 9503; or
148.30 	(B) a family child care home under Minnesota Rules, chapter 9502;
149.1 	(2) culturally specific or culturally responsive programs as defined in section 254B.01, 
149.2 	subdivision 4a;
149.3 	(3) disability responsive programs as defined in section 254B.01, subdivision 4b;
149.4 	(4) programs that offer medical services delivered by appropriately credentialed health 
149.5 	care staff in an amount equal to two hours per client per week if the medical needs of the 
149.6 	client and the nature and provision of any medical services provided are documented in the 
149.7 	client file; or
149.8 	(5) programs that offer services to individuals with co-occurring mental health and 
149.9 	chemical dependency problems if:
149.10 	(i) the program meets the co-occurring requirements in section 245G.20;
149.11 	(ii) 25 percent of the counseling staff are licensed mental health professionals, as defined 
149.12 	in section 245.462, subdivision 18, clauses (1) to (6) under section 245I.04, subdivision 2, 
149.13 	or are students or licensing candidates under the supervision of a licensed alcohol and drug 
149.14 	counselor supervisor and licensed mental health professional under section 245I.04, 
149.15 	subdivision 2, except that no more than 50 percent of the mental health staff may be students 
149.16 	or licensing candidates with time documented to be directly related to provisions of 
149.17 	co-occurring services;
149.18 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
149.19 	health diagnostic assessment within ten days of admission;
149.20 	(iv) the program has standards for multidisciplinary case review that include a monthly 
149.21 	review for each client that, at a minimum, includes a licensed mental health professional 
149.22 	and licensed alcohol and drug counselor, and their involvement in the review is documented;
149.23 	(v) family education is offered that addresses mental health and substance abuse disorders 
149.24 	and the interaction between the two; and
149.25 	(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder 
149.26 	training annually.
149.27 	(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program 
149.28 	that provides arrangements for off-site child care must maintain current documentation at 
149.29 	the chemical dependency facility of the child care provider's current licensure to provide 
149.30 	child care services. Programs that provide child care according to paragraph (c), clause (1), 
149.31 	must be deemed in compliance with the licensing requirements in section 245G.19.
150.1 	(e) Adolescent residential programs that meet the requirements of Minnesota Rules, 
150.2 	parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements 
150.3 	in paragraph (c), clause (4), items (i) to (iv).
150.4 	(f) Subject to federal approval, substance use disorder services that are otherwise covered 
150.5 	as direct face-to-face services may be provided via telehealth as defined in section 256B.0625, 
150.6 	subdivision 3b. The use of telehealth to deliver services must be medically appropriate to 
150.7 	the condition and needs of the person being served. Reimbursement shall be at the same 
150.8 	rates and under the same conditions that would otherwise apply to direct face-to-face services.
150.9 	(g) For the purpose of reimbursement under this section, substance use disorder treatment 
150.10 	services provided in a group setting without a group participant maximum or maximum 
150.11 	client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one. 
150.12 	At least one of the attending staff must meet the qualifications as established under this 
150.13 	chapter for the type of treatment service provided. A recovery peer may not be included as 
150.14 	part of the staff ratio.
150.15 	(h) Payment for outpatient substance use disorder services that are licensed according 
150.16 	to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless 
150.17 	prior authorization of a greater number of hours is obtained from the commissioner.

150.18 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
150.19 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
150.20 	when federal approval is obtained.

150.21 	Sec. 31. Minnesota Statutes 2021 Supplement, section 256B.0622, subdivision 2, is 
150.22 	amended to read:
150.23 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have the 
150.24 	meanings given them.
150.25 	(b) "ACT team" means the group of interdisciplinary mental health staff who work as 
150.26 	a team to provide assertive community treatment.
150.27 	(c) "Assertive community treatment" means intensive nonresidential treatment and 
150.28 	rehabilitative mental health services provided according to the assertive community treatment 
150.29 	model. Assertive community treatment provides a single, fixed point of responsibility for 
150.30 	treatment, rehabilitation, and support needs for clients. Services are offered 24 hours per 
150.31 	day, seven days per week, in a community-based setting.
150.32 	(d) "Individual treatment plan" means a plan described by section 245I.10, subdivisions 
150.33 	7 and 8.
151.1 	(e) "Crisis assessment and intervention" means mental health mobile crisis response 
151.2 	services as defined in under section 256B.0624, subdivision 2.
151.3 	(f) "Individual treatment team" means a minimum of three members of the ACT team 
151.4 	who are responsible for consistently carrying out most of a client's assertive community 
151.5 	treatment services.
151.6 	(g) "Primary team member" means the person who leads and coordinates the activities 
151.7 	of the individual treatment team and is the individual treatment team member who has 
151.8 	primary responsibility for establishing and maintaining a therapeutic relationship with the 
151.9 	client on a continuing basis.
151.10 	(h) "Certified rehabilitation specialist" means a staff person who is qualified according 
151.11 	to section 245I.04, subdivision 8.
151.12 	(i) "Clinical trainee" means a staff person who is qualified according to section 245I.04, 
151.13 	subdivision 6.
151.14 	(j) "Mental health certified peer specialist" means a staff person who is qualified 
151.15 	according to section 245I.04, subdivision 10.
151.16 	(k) "Mental health practitioner" means a staff person who is qualified according to section 
151.17 	245I.04, subdivision 4.
151.18 	(l) "Mental health professional" means a staff person who is qualified according to 
151.19 	section 245I.04, subdivision 2.
151.20 	(m) "Mental health rehabilitation worker" means a staff person who is qualified according 
151.21 	to section 245I.04, subdivision 14.

151.22 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
151.23 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
151.24 	when federal approval is obtained.

151.25 	Sec. 32. Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 3b, is 
151.26 	amended to read:
151.27 		Subd. 3b.Telehealth services. (a) Medical assistance covers medically necessary services 
151.28 	and consultations delivered by a health care provider through telehealth in the same manner 
151.29 	as if the service or consultation was delivered through in-person contact. Services or 
151.30 	consultations delivered through telehealth shall be paid at the full allowable rate.
152.1 	(b) The commissioner may establish criteria that a health care provider must attest to in 
152.2 	order to demonstrate the safety or efficacy of delivering a particular service through 
152.3 	telehealth. The attestation may include that the health care provider:
152.4 	(1) has identified the categories or types of services the health care provider will provide 
152.5 	through telehealth;
152.6 	(2) has written policies and procedures specific to services delivered through telehealth 
152.7 	that are regularly reviewed and updated;
152.8 	(3) has policies and procedures that adequately address patient safety before, during, 
152.9 	and after the service is delivered through telehealth;
152.10 	(4) has established protocols addressing how and when to discontinue telehealth services; 
152.11 	and
152.12 	(5) has an established quality assurance process related to delivering services through 
152.13 	telehealth.
152.14 	(c) As a condition of payment, a licensed health care provider must document each 
152.15 	occurrence of a health service delivered through telehealth to a medical assistance enrollee. 
152.16 	Health care service records for services delivered through telehealth must meet the 
152.17 	requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must 
152.18 	document:
152.19 	(1) the type of service delivered through telehealth;
152.20 	(2) the time the service began and the time the service ended, including an a.m. and p.m. 
152.21 	designation;
152.22 	(3) the health care provider's basis for determining that telehealth is an appropriate and 
152.23 	effective means for delivering the service to the enrollee;
152.24 	(4) the mode of transmission used to deliver the service through telehealth and records 
152.25 	evidencing that a particular mode of transmission was utilized;
152.26 	(5) the location of the originating site and the distant site;
152.27 	(6) if the claim for payment is based on a physician's consultation with another physician 
152.28 	through telehealth, the written opinion from the consulting physician providing the telehealth 
152.29 	consultation; and
152.30 	(7) compliance with the criteria attested to by the health care provider in accordance 
152.31 	with paragraph (b).
153.1 	(d) Telehealth visits, as described in this subdivision provided through audio and visual 
153.2 	communication, or accessible video-based platforms may be used to satisfy the face-to-face 
153.3 	requirement for reimbursement under the payment methods that apply to a federally qualified 
153.4 	health center, rural health clinic, Indian health service, 638 tribal clinic, and certified 
153.5 	community behavioral health clinic, if the service would have otherwise qualified for 
153.6 	payment if performed in person.
153.7 	(e) For mental health services or assessments delivered through telehealth that are based 
153.8 	on an individual treatment plan, the provider may document the client's verbal approval or 
153.9 	electronic written approval of the treatment plan or change in the treatment plan in lieu of 
153.10 	the client's signature in accordance with Minnesota Rules, part 9505.0371.
153.11 	(f) (e) For purposes of this subdivision, unless otherwise covered under this chapter:
153.12 	(1) "telehealth" means the delivery of health care services or consultations through the 
153.13 	use of using real-time two-way interactive audio and visual communication or accessible 
153.14 	telehealth video-based platforms to provide or support health care delivery and facilitate 
153.15 	the assessment, diagnosis, consultation, treatment, education, and care management of a 
153.16 	patient's health care. Telehealth includes: the application of secure video conferencing,
153.17 	consisting of a real-time, full-motion synchronized video; store-and-forward technology,;
153.18 	and synchronous interactions, between a patient located at an originating site and a health 
153.19 	care provider located at a distant site. Telehealth does not include communication between 
153.20 	health care providers, or between a health care provider and a patient that consists solely 
153.21 	of an audio-only communication, e-mail, or facsimile transmission or as specified by law;
153.22 	(2) "health care provider" means a health care provider as defined under section 62A.673, 
153.23 	a community paramedic as defined under section 144E.001, subdivision 5f, a community 
153.24 	health worker who meets the criteria under subdivision 49, paragraph (a), a mental health 
153.25 	certified peer specialist under section 256B.0615, subdivision 5 245I.04, subdivision 10, a 
153.26 	mental health certified family peer specialist under section 256B.0616, subdivision 5 245I.04, 
153.27 	subdivision 12, a mental health rehabilitation worker under section 256B.0623, subdivision 
153.28 	5, paragraph (a), clause (4), and paragraph (b) 245I.04, subdivision 14, a mental health 
153.29 	behavioral aide under section 256B.0943, subdivision 7, paragraph (b), clause (3) 245I.04, 
153.30 	subdivision 16, a treatment coordinator under section 245G.11, subdivision 7, an alcohol 
153.31 	and drug counselor under section 245G.11, subdivision 5, or a recovery peer under section 
153.32 	245G.11, subdivision 8; and
153.33 	(3) "originating site," "distant site," and "store-and-forward technology" have the 
153.34 	meanings given in section 62A.673, subdivision 2.

154.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
154.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
154.3 	when federal approval is obtained.

154.4 	Sec. 33. Minnesota Statutes 2020, section 256B.0659, subdivision 19, is amended to read:
154.5 		Subd. 19.Personal care assistance choice option; qualifications; duties. (a) Under 
154.6 	personal care assistance choice, the recipient or responsible party shall:
154.7 	(1) recruit, hire, schedule, and terminate personal care assistants according to the terms 
154.8 	of the written agreement required under subdivision 20, paragraph (a);
154.9 	(2) develop a personal care assistance care plan based on the assessed needs and 
154.10 	addressing the health and safety of the recipient with the assistance of a qualified professional 
154.11 	as needed;
154.12 	(3) orient and train the personal care assistant with assistance as needed from the qualified 
154.13 	professional;
154.14 	(4) effective January 1, 2010, supervise and evaluate the personal care assistant with the 
154.15 	qualified professional, who is required to visit the recipient at least every 180 days;
154.16 	(5) monitor and verify in writing and report to the personal care assistance choice agency 
154.17 	the number of hours worked by the personal care assistant and the qualified professional;
154.18 	(6) engage in an annual face-to-face reassessment as required in subdivision 3a to 
154.19 	determine continuing eligibility and service authorization; and
154.20 	(7) use the same personal care assistance choice provider agency if shared personal 
154.21 	assistance care is being used.
154.22 	(b) The personal care assistance choice provider agency shall:
154.23 	(1) meet all personal care assistance provider agency standards;
154.24 	(2) enter into a written agreement with the recipient, responsible party, and personal 
154.25 	care assistants;
154.26 	(3) not be related as a parent, child, sibling, or spouse to the recipient or the personal 
154.27 	care assistant; and
154.28 	(4) ensure arm's-length transactions without undue influence or coercion with the recipient 
154.29 	and personal care assistant.
154.30 	(c) The duties of the personal care assistance choice provider agency are to:
155.1 	(1) be the employer of the personal care assistant and the qualified professional for 
155.2 	employment law and related regulations including, but not limited to, purchasing and 
155.3 	maintaining workers' compensation, unemployment insurance, surety and fidelity bonds, 
155.4 	and liability insurance, and submit any or all necessary documentation including, but not 
155.5 	limited to, workers' compensation, unemployment insurance, and labor market data required 
155.6 	under section 256B.4912, subdivision 1a;
155.7 	(2) bill the medical assistance program for personal care assistance services and qualified 
155.8 	professional services;
155.9 	(3) request and complete background studies that comply with the requirements for 
155.10 	personal care assistants and qualified professionals;
155.11 	(4) pay the personal care assistant and qualified professional based on actual hours of 
155.12 	services provided;
155.13 	(5) withhold and pay all applicable federal and state taxes;
155.14 	(6) verify and keep records of hours worked by the personal care assistant and qualified 
155.15 	professional;
155.16 	(7) make the arrangements and pay taxes and other benefits, if any, and comply with 
155.17 	any legal requirements for a Minnesota employer;
155.18 	(8) enroll in the medical assistance program as a personal care assistance choice agency; 
155.19 	and
155.20 	(9) enter into a written agreement as specified in subdivision 20 before services are 
155.21 	provided.

155.22 	Sec. 34. Minnesota Statutes 2021 Supplement, section 256B.0671, subdivision 6, is 
155.23 	amended to read:
155.24 		Subd. 6.Dialectical behavior therapy. (a) Subject to federal approval, medical assistance 
155.25 	covers intensive mental health outpatient treatment for dialectical behavior therapy for 
155.26 	adults. A dialectical behavior therapy provider must make reasonable and good faith efforts 
155.27 	to report individual client outcomes to the commissioner using instruments and protocols 
155.28 	that are approved by the commissioner.
155.29 	(b) "Dialectical behavior therapy" means an evidence-based treatment approach that a 
155.30 	mental health professional or clinical trainee provides to a client or a group of clients in an 
155.31 	intensive outpatient treatment program using a combination of individualized rehabilitative 
155.32 	and psychotherapeutic interventions. A dialectical behavior therapy program involves: 
156.1 	individual dialectical behavior therapy, group skills training, telephone coaching, and team 
156.2 	consultation meetings.
156.3 	(c) To be eligible for dialectical behavior therapy, a client must:
156.4 	(1) be 18 years of age or older;
156.5 	(2) (1) have mental health needs that available community-based services cannot meet 
156.6 	or that the client must receive concurrently with other community-based services;
156.7 	(3) (2) have either:
156.8 	(i) a diagnosis of borderline personality disorder; or
156.9 	(ii) multiple mental health diagnoses, exhibit behaviors characterized by impulsivity or 
156.10 	intentional self-harm, and be at significant risk of death, morbidity, disability, or severe 
156.11 	dysfunction in multiple areas of the client's life;
156.12 	(4) (3) be cognitively capable of participating in dialectical behavior therapy as an 
156.13 	intensive therapy program and be able and willing to follow program policies and rules to 
156.14 	ensure the safety of the client and others; and
156.15 	(5) (4) be at significant risk of one or more of the following if the client does not receive 
156.16 	dialectical behavior therapy:
156.17 	(i) having a mental health crisis;
156.18 	(ii) requiring a more restrictive setting such as hospitalization;
156.19 	(iii) decompensating; or
156.20 	(iv) engaging in intentional self-harm behavior.
156.21 	(d) Individual dialectical behavior therapy combines individualized rehabilitative and 
156.22 	psychotherapeutic interventions to treat a client's suicidal and other dysfunctional behaviors 
156.23 	and to reinforce a client's use of adaptive skillful behaviors. A mental health professional 
156.24 	or clinical trainee must provide individual dialectical behavior therapy to a client. A mental 
156.25 	health professional or clinical trainee providing dialectical behavior therapy to a client must:
156.26 	(1) identify, prioritize, and sequence the client's behavioral targets;
156.27 	(2) treat the client's behavioral targets;
156.28 	(3) assist the client in applying dialectical behavior therapy skills to the client's natural 
156.29 	environment through telephone coaching outside of treatment sessions;
156.30 	(4) measure the client's progress toward dialectical behavior therapy targets;
157.1 	(5) help the client manage mental health crises and life-threatening behaviors; and
157.2 	(6) help the client learn and apply effective behaviors when working with other treatment 
157.3 	providers.
157.4 	(e) Group skills training combines individualized psychotherapeutic and psychiatric 
157.5 	rehabilitative interventions conducted in a group setting to reduce the client's suicidal and 
157.6 	other dysfunctional coping behaviors and restore function. Group skills training must teach 
157.7 	the client adaptive skills in the following areas: (1) mindfulness; (2) interpersonal 
157.8 	effectiveness; (3) emotional regulation; and (4) distress tolerance.
157.9 	(f) Group skills training must be provided by two mental health professionals or by a 
157.10 	mental health professional co-facilitating with a clinical trainee or a mental health practitioner. 
157.11 	Individual skills training must be provided by a mental health professional, a clinical trainee, 
157.12 	or a mental health practitioner.
157.13 	(g) Before a program provides dialectical behavior therapy to a client, the commissioner 
157.14 	must certify the program as a dialectical behavior therapy provider. To qualify for 
157.15 	certification as a dialectical behavior therapy provider, a provider must:
157.16 	(1) allow the commissioner to inspect the provider's program;
157.17 	(2) provide evidence to the commissioner that the program's policies, procedures, and 
157.18 	practices meet the requirements of this subdivision and chapter 245I;
157.19 	(3) be enrolled as a MHCP provider; and
157.20 	(4) have a manual that outlines the program's policies, procedures, and practices that 
157.21 	meet the requirements of this subdivision.

157.22 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
157.23 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
157.24 	when federal approval is obtained.

157.25 	Sec. 35. Minnesota Statutes 2021 Supplement, section 256B.0911, subdivision 3a, is 
157.26 	amended to read:
157.27 		Subd. 3a.Assessment and support planning. (a) Persons requesting assessment, services 
157.28 	planning, or other assistance intended to support community-based living, including persons 
157.29 	who need assessment in order to determine waiver or alternative care program eligibility, 
157.30 	must be visited by a long-term care consultation team within 20 calendar days after the date 
157.31 	on which an assessment was requested or recommended. Upon statewide implementation 
157.32 	of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person 
158.1 	requesting personal care assistance services. The commissioner shall provide at least a 
158.2 	90-day notice to lead agencies prior to the effective date of this requirement. Assessments 
158.3 	must be conducted according to paragraphs (b) to (r).
158.4 	(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified 
158.5 	assessors to conduct the assessment. For a person with complex health care needs, a public 
158.6 	health or registered nurse from the team must be consulted.
158.7 	(c) The MnCHOICES assessment provided by the commissioner to lead agencies must 
158.8 	be used to complete a comprehensive, conversation-based, person-centered assessment. 
158.9 	The assessment must include the health, psychological, functional, environmental, and 
158.10 	social needs of the individual necessary to develop a person-centered community support 
158.11 	plan that meets the individual's needs and preferences.
158.12 	(d) Except as provided in paragraph (r), the assessment must be conducted by a certified 
158.13 	assessor in a face-to-face conversational interview with the person being assessed. The 
158.14 	person's legal representative must provide input during the assessment process and may do 
158.15 	so remotely if requested. At the request of the person, other individuals may participate in 
158.16 	the assessment to provide information on the needs, strengths, and preferences of the person 
158.17 	necessary to develop a community support plan that ensures the person's health and safety. 
158.18 	Except for legal representatives or family members invited by the person, persons 
158.19 	participating in the assessment may not be a provider of service or have any financial interest 
158.20 	in the provision of services. For persons who are to be assessed for elderly waiver customized 
158.21 	living or adult day services under chapter 256S, with the permission of the person being 
158.22 	assessed or the person's designated or legal representative, the client's current or proposed 
158.23 	provider of services may submit a copy of the provider's nursing assessment or written 
158.24 	report outlining its recommendations regarding the client's care needs. The person conducting 
158.25 	the assessment must notify the provider of the date by which this information is to be 
158.26 	submitted. This information shall be provided to the person conducting the assessment prior 
158.27 	to the assessment. For a person who is to be assessed for waiver services under section 
158.28 	256B.092 or 256B.49, with the permission of the person being assessed or the person's 
158.29 	designated legal representative, the person's current provider of services may submit a 
158.30 	written report outlining recommendations regarding the person's care needs the person 
158.31 	completed in consultation with someone who is known to the person and has interaction 
158.32 	with the person on a regular basis. The provider must submit the report at least 60 days 
158.33 	before the end of the person's current service agreement. The certified assessor must consider 
158.34 	the content of the submitted report prior to finalizing the person's assessment or reassessment.
159.1 	(e) The certified assessor and the individual responsible for developing the coordinated 
159.2 	service and support plan must complete the community support plan and the coordinated 
159.3 	service and support plan no more than 60 calendar days from the assessment visit. The 
159.4 	person or the person's legal representative must be provided with a written community 
159.5 	support plan within the timelines established by the commissioner, regardless of whether 
159.6 	the person is eligible for Minnesota health care programs.
159.7 	(f) For a person being assessed for elderly waiver services under chapter 256S, a provider 
159.8 	who submitted information under paragraph (d) shall receive the final written community 
159.9 	support plan when available and the Residential Services Workbook.
159.10 	(g) The written community support plan must include:
159.11 	(1) a summary of assessed needs as defined in paragraphs (c) and (d);
159.12 	(2) the individual's options and choices to meet identified needs, including:
159.13 	(i) all available options for case management services and providers;
159.14 	(ii) all available options for employment services, settings, and providers;
159.15 	(iii) all available options for living arrangements;
159.16 	(iv) all available options for self-directed services and supports, including self-directed 
159.17 	budget options; and
159.18 	(v) service provided in a non-disability-specific setting;
159.19 	(3) identification of health and safety risks and how those risks will be addressed, 
159.20 	including personal risk management strategies;
159.21 	(4) referral information; and
159.22 	(5) informal caregiver supports, if applicable.
159.23 	For a person determined eligible for state plan home care under subdivision 1a, paragraph 
159.24 	(b), clause (1), the person or person's representative must also receive a copy of the home 
159.25 	care service plan developed by the certified assessor.
159.26 	(h) A person may request assistance in identifying community supports without 
159.27 	participating in a complete assessment. Upon a request for assistance identifying community 
159.28 	support, the person must be transferred or referred to long-term care options counseling 
159.29 	services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for 
159.30 	telephone assistance and follow up.
159.31 	(i) The person has the right to make the final decision:
160.1 	(1) between institutional placement and community placement after the recommendations 
160.2 	have been provided, except as provided in section 256.975, subdivision 7a, paragraph (d);
160.3 	(2) between community placement in a setting controlled by a provider and living 
160.4 	independently in a setting not controlled by a provider;
160.5 	(3) between day services and employment services; and
160.6 	(4) regarding available options for self-directed services and supports, including 
160.7 	self-directed funding options.
160.8 	(j) The lead agency must give the person receiving long-term care consultation services 
160.9 	or the person's legal representative, materials, and forms supplied by the commissioner 
160.10 	containing the following information:
160.11 	(1) written recommendations for community-based services and consumer-directed 
160.12 	options;
160.13 	(2) documentation that the most cost-effective alternatives available were offered to the 
160.14 	individual. For purposes of this clause, "cost-effective" means community services and 
160.15 	living arrangements that cost the same as or less than institutional care. For an individual 
160.16 	found to meet eligibility criteria for home and community-based service programs under 
160.17 	chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally 
160.18 	approved waiver plan for each program;
160.19 	(3) the need for and purpose of preadmission screening conducted by long-term care 
160.20 	options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects 
160.21 	nursing facility placement. If the individual selects nursing facility placement, the lead 
160.22 	agency shall forward information needed to complete the level of care determinations and 
160.23 	screening for developmental disability and mental illness collected during the assessment 
160.24 	to the long-term care options counselor using forms provided by the commissioner;
160.25 	(4) the role of long-term care consultation assessment and support planning in eligibility 
160.26 	determination for waiver and alternative care programs, and state plan home care, case 
160.27 	management, and other services as defined in subdivision 1a, paragraphs (a), clause (6), 
160.28 	and (b);
160.29 	(5) information about Minnesota health care programs;
160.30 	(6) the person's freedom to accept or reject the recommendations of the team;
160.31 	(7) the person's right to confidentiality under the Minnesota Government Data Practices 
160.32 	Act, chapter 13;
161.1 	(8) the certified assessor's decision regarding the person's need for institutional level of 
161.2 	care as determined under criteria established in subdivision 4e and the certified assessor's 
161.3 	decision regarding eligibility for all services and programs as defined in subdivision 1a, 
161.4 	paragraphs (a), clause (6), and (b);
161.5 	(9) the person's right to appeal the certified assessor's decision regarding eligibility for 
161.6 	all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and 
161.7 	(8), and (b), and incorporating the decision regarding the need for institutional level of care 
161.8 	or the lead agency's final decisions regarding public programs eligibility according to section 
161.9 	256.045, subdivision 3. The certified assessor must verbally communicate this appeal right 
161.10 	to the person and must visually point out where in the document the right to appeal is stated; 
161.11 	and
161.12 	(10) documentation that available options for employment services, independent living, 
161.13 	and self-directed services and supports were described to the individual.
161.14 	(k) An assessment that is completed as part of an eligibility determination for multiple 
161.15 	programs for the alternative care, elderly waiver, developmental disabilities, community 
161.16 	access for disability inclusion, community alternative care, and brain injury waiver programs 
161.17 	under chapter 256S and sections 256B.0913, 256B.092, and 256B.49 is valid to establish 
161.18 	service eligibility for no more than 60 calendar days after the date of the assessment.
161.19 	(l) The effective eligibility start date for programs in paragraph (k) can never be prior 
161.20 	to the date of assessment. If an assessment was completed more than 60 days before the 
161.21 	effective waiver or alternative care program eligibility start date, assessment and support 
161.22 	plan information must be updated and documented in the department's Medicaid Management 
161.23 	Information System (MMIS). Notwithstanding retroactive medical assistance coverage of 
161.24 	state plan services, the effective date of eligibility for programs included in paragraph (k) 
161.25 	cannot be prior to the date the most recent updated assessment is completed.
161.26 	(m) If an eligibility update is completed within 90 days of the previous assessment and 
161.27 	documented in the department's Medicaid Management Information System (MMIS), the 
161.28 	effective date of eligibility for programs included in paragraph (k) is the date of the previous 
161.29 	face-to-face assessment when all other eligibility requirements are met.
161.30 	(n) If a person who receives home and community-based waiver services under section 
161.31 	256B.0913, 256B.092, or 256B.49 or chapter 256S temporarily enters for 121 days or fewer 
161.32 	a hospital, institution of mental disease, nursing facility, intensive residential treatment 
161.33 	services program, transitional care unit, or inpatient substance use disorder treatment setting, 
161.34 	the person may return to the community with home and community-based waiver services 
162.1 	under the same waiver, without requiring an assessment or reassessment under this section, 
162.2 	unless the person's annual reassessment is otherwise due. Nothing in this paragraph shall 
162.3 	change annual long-term care consultation reassessment requirements, payment for 
162.4 	institutional or treatment services, medical assistance financial eligibility, or any other law.
162.5 	(o) At the time of reassessment, the certified assessor shall assess each person receiving 
162.6 	waiver residential supports and services currently residing in a community residential setting, 
162.7 	licensed adult foster care home that is either not the primary residence of the license holder 
162.8 	or in which the license holder is not the primary caregiver, family adult foster care residence, 
162.9 	customized living setting, or supervised living facility to determine if that person would 
162.10 	prefer to be served in a community-living setting as defined in section 256B.49, subdivision 
162.11 	23, in a setting not controlled by a provider, or to receive integrated community supports 
162.12 	as described in section 245D.03, subdivision 1, paragraph (c), clause (8). The certified 
162.13 	assessor shall offer the person, through a person-centered planning process, the option to 
162.14 	receive alternative housing and service options.
162.15 	(p) At the time of reassessment, the certified assessor shall assess each person receiving 
162.16 	waiver day services to determine if that person would prefer to receive employment services 
162.17 	as described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). The certified 
162.18 	assessor shall describe to the person through a person-centered planning process the option 
162.19 	to receive employment services.
162.20 	(q) At the time of reassessment, the certified assessor shall assess each person receiving 
162.21 	non-self-directed waiver services to determine if that person would prefer an available 
162.22 	service and setting option that would permit self-directed services and supports. The certified 
162.23 	assessor shall describe to the person through a person-centered planning process the option 
162.24 	to receive self-directed services and supports.
162.25 	(r) All assessments performed according to this subdivision must be face-to-face unless 
162.26 	the assessment is a reassessment meeting the requirements of this paragraph. Remote 
162.27 	reassessments conducted by interactive video or telephone may substitute for face-to-face 
162.28 	reassessments. For services provided by the developmental disabilities waiver under section 
162.29 	256B.092, and the community access for disability inclusion, community alternative care, 
162.30 	and brain injury waiver programs under section 256B.49, remote reassessments may be 
162.31 	substituted for two consecutive reassessments if followed by a face-to-face reassessment. 
162.32 	For services provided by alternative care under section 256B.0913, essential community 
162.33 	supports under section 256B.0922, and the elderly waiver under chapter 256S, remote 
162.34 	reassessments may be substituted for one reassessment if followed by a face-to-face 
162.35 	reassessment. A remote reassessment is permitted only if the lead agency provides informed 
163.1 	choice and the person being reassessed, or the person's legal representative, and the lead 
163.2 	agency case manager both agree that there is no change in the person's condition, there is 
163.3 	no need for a change in service, and that a remote reassessment is appropriate or the person's 
163.4 	legal representative provides informed consent for a remote assessment. Lead agencies must 
163.5 	document that informed choice was offered. The person being reassessed, or the person's 
163.6 	legal representative, has the right to refuse a remote reassessment at any time. During a 
163.7 	remote reassessment, if the certified assessor determines a face-to-face reassessment is 
163.8 	necessary in order to complete the assessment, the lead agency shall schedule a face-to-face 
163.9 	reassessment. All other requirements of a face-to-face reassessment shall apply to a remote 
163.10 	reassessment, including updates to a person's support plan.

163.11 	Sec. 36. Minnesota Statutes 2020, section 256B.092, subdivision 1a, is amended to read:
163.12 		Subd. 1a.Case management services. (a) Each recipient of a home and community-based 
163.13 	waiver shall be provided case management services by qualified vendors as described in 
163.14 	the federally approved waiver application.
163.15 	(b) Case management service activities provided to or arranged for a person include:
163.16 	(1) development of the person-centered coordinated service and support plan under 
163.17 	subdivision 1b;
163.18 	(2) informing the individual or the individual's legal guardian or conservator, or parent 
163.19 	if the person is a minor, of service options, including all service options available under the 
163.20 	waiver plan;
163.21 	(3) consulting with relevant medical experts or service providers;
163.22 	(4) assisting the person in the identification of potential providers of chosen services, 
163.23 	including:
163.24 	(i) providers of services provided in a non-disability-specific setting;
163.25 	(ii) employment service providers;
163.26 	(iii) providers of services provided in settings that are not controlled by a provider; and
163.27 	(iv) providers of financial management services;
163.28 	(5) assisting the person to access services and assisting in appeals under section 256.045;
163.29 	(6) coordination of services, if coordination is not provided by another service provider;
164.1 	(7) evaluation and monitoring of the services identified in the coordinated service and 
164.2 	support plan, which must incorporate at least one annual face-to-face visit by the case 
164.3 	manager with each person; and
164.4 	(8) reviewing coordinated service and support plans and providing the lead agency with 
164.5 	recommendations for service authorization based upon the individual's needs identified in 
164.6 	the coordinated service and support plan.
164.7 	(c) Case management service activities that are provided to the person with a 
164.8 	developmental disability shall be provided directly by county agencies or under contract.
164.9 	If a county agency contracts for case management services, the county agency must provide 
164.10 	each recipient of home and community-based services who is receiving contracted case 
164.11 	management services with the contact information the recipient may use to file a grievance 
164.12 	with the county agency about the quality of the contracted services the recipient is receiving 
164.13 	from a county-contracted case manager. Case management services must be provided by a 
164.14 	public or private agency that is enrolled as a medical assistance provider determined by the 
164.15 	commissioner to meet all of the requirements in the approved federal waiver plans. Case 
164.16 	management services must not be provided to a recipient by a private agency that has a 
164.17 	financial interest in the provision of any other services included in the recipient's coordinated 
164.18 	service and support plan. For purposes of this section, "private agency" means any agency 
164.19 	that is not identified as a lead agency under section 256B.0911, subdivision 1a, paragraph 
164.20 	(e).
164.21 	(d) Case managers are responsible for service provisions listed in paragraphs (a) and 
164.22 	(b). Case managers shall collaborate with consumers, families, legal representatives, and 
164.23 	relevant medical experts and service providers in the development and annual review of the 
164.24 	person-centered coordinated service and support plan and habilitation plan.
164.25 	(e) For persons who need a positive support transition plan as required in chapter 245D, 
164.26 	the case manager shall participate in the development and ongoing evaluation of the plan 
164.27 	with the expanded support team. At least quarterly, the case manager, in consultation with 
164.28 	the expanded support team, shall evaluate the effectiveness of the plan based on progress 
164.29 	evaluation data submitted by the licensed provider to the case manager. The evaluation must 
164.30 	identify whether the plan has been developed and implemented in a manner to achieve the 
164.31 	following within the required timelines:
164.32 	(1) phasing out the use of prohibited procedures;
164.33 	(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's 
164.34 	timeline; and
165.1 	(3) accomplishment of identified outcomes.
165.2 	If adequate progress is not being made, the case manager shall consult with the person's 
165.3 	expanded support team to identify needed modifications and whether additional professional 
165.4 	support is required to provide consultation.
165.5 	(f) The Department of Human Services shall offer ongoing education in case management 
165.6 	to case managers. Case managers shall receive no less than ten hours of case management 
165.7 	education and disability-related training each year. The education and training must include 
165.8 	person-centered planning. For the purposes of this section, "person-centered planning" or 
165.9 	"person-centered" has the meaning given in section 256B.0911, subdivision 1a, paragraph 
165.10 	(f).

165.11 	Sec. 37. Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1, is 
165.12 	amended to read:
165.13 		Subdivision 1.Required covered service components. (a) Subject to federal approval, 
165.14 	medical assistance covers medically necessary intensive treatment services when the services 
165.15 	are provided by a provider entity certified under and meeting the standards in this section. 
165.16 	The provider entity must make reasonable and good faith efforts to report individual client 
165.17 	outcomes to the commissioner, using instruments and protocols approved by the 
165.18 	commissioner.
165.19 	(b) Intensive treatment services to children with mental illness residing in foster family 
165.20 	settings that comprise specific required service components provided in clauses (1) to (6) 
165.21 	are reimbursed by medical assistance when they meet the following standards:
165.22 	(1) psychotherapy provided by a mental health professional or a clinical trainee;
165.23 	(2) crisis planning;
165.24 	(3) individual, family, and group psychoeducation services provided by a mental health 
165.25 	professional or a clinical trainee;
165.26 	(4) clinical care consultation provided by a mental health professional or a clinical 
165.27 	trainee;
165.28 	(5) individual treatment plan development as defined in Minnesota Rules, part 9505.0371, 
165.29 	subpart 7 section 245I.10, subdivisions 7 and 8; and
165.30 	(6) service delivery payment requirements as provided under subdivision 4.

166.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
166.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
166.3 	when federal approval is obtained.

166.4 	Sec. 38. Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 2, is 
166.5 	amended to read:
166.6 		Subd. 2.Definitions. For purposes of this section, the following terms have the meanings 
166.7 	given them.
166.8 	(a) "Intensive nonresidential rehabilitative mental health services" means child 
166.9 	rehabilitative mental health services as defined in section 256B.0943, except that these 
166.10 	services are provided by a multidisciplinary staff using a total team approach consistent 
166.11 	with assertive community treatment, as adapted for youth, and are directed to recipients 
166.12 	who are eight years of age or older and under 26 years of age who require intensive services 
166.13 	to prevent admission to an inpatient psychiatric hospital or placement in a residential 
166.14 	treatment facility or who require intensive services to step down from inpatient or residential 
166.15 	care to community-based care.
166.16 	(b) "Co-occurring mental illness and substance use disorder" means a dual diagnosis of 
166.17 	at least one form of mental illness and at least one substance use disorder. Substance use 
166.18 	disorders include alcohol or drug abuse or dependence, excluding nicotine use.
166.19 	(c) "Standard diagnostic assessment" means the assessment described in section 245I.10, 
166.20 	subdivision 6.
166.21 	(d) "Medication education services" means services provided individually or in groups, 
166.22 	which focus on:
166.23 	(1) educating the client and client's family or significant nonfamilial supporters about 
166.24 	mental illness and symptoms;
166.25 	(2) the role and effects of medications in treating symptoms of mental illness; and
166.26 	(3) the side effects of medications.
166.27 	Medication education is coordinated with medication management services and does not 
166.28 	duplicate it. Medication education services are provided by physicians, pharmacists, or 
166.29 	registered nurses with certification in psychiatric and mental health care.
166.30 	(e) "Mental health professional" means a staff person who is qualified according to 
166.31 	section 245I.04, subdivision 2.
167.1 	(f) "Provider agency" means a for-profit or nonprofit organization established to 
167.2 	administer an assertive community treatment for youth team.
167.3 	(g) "Substance use disorders" means one or more of the disorders defined in the diagnostic 
167.4 	and statistical manual of mental disorders, current edition.
167.5 	(h) "Transition services" means:
167.6 	(1) activities, materials, consultation, and coordination that ensures continuity of the 
167.7 	client's care in advance of and in preparation for the client's move from one stage of care 
167.8 	or life to another by maintaining contact with the client and assisting the client to establish 
167.9 	provider relationships;
167.10 	(2) providing the client with knowledge and skills needed posttransition;
167.11 	(3) establishing communication between sending and receiving entities;
167.12 	(4) supporting a client's request for service authorization and enrollment; and
167.13 	(5) establishing and enforcing procedures and schedules.
167.14 	A youth's transition from the children's mental health system and services to the adult 
167.15 	mental health system and services and return to the client's home and entry or re-entry into 
167.16 	community-based mental health services following discharge from an out-of-home placement 
167.17 	or inpatient hospital stay.
167.18 	(i) "Treatment team" means all staff who provide services to recipients under this section.
167.19 	(j) "Family peer specialist" means a staff person who is qualified under section 
167.20 	256B.0616.

167.21 	Sec. 39. Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 6, is 
167.22 	amended to read:
167.23 		Subd. 6.Service standards. The standards in this subdivision apply to intensive 
167.24 	nonresidential rehabilitative mental health services.
167.25 	(a) The treatment team must use team treatment, not an individual treatment model.
167.26 	(b) Services must be available at times that meet client needs.
167.27 	(c) Services must be age-appropriate and meet the specific needs of the client.
167.28 	(d) The level of care assessment as defined in section 245I.02, subdivision 19, and 
167.29 	functional assessment as defined in section 245I.02, subdivision 17, must be updated at 
168.1 	least every 90 days six months or prior to discharge from the service, whichever comes 
168.2 	first.
168.3 	(e) The treatment team must complete an individual treatment plan for each client, 
168.4 	according to section 245I.10, subdivisions 7 and 8, and the individual treatment plan must:
168.5 	(1) be completed in consultation with the client's current therapist and key providers and 
168.6 	provide for ongoing consultation with the client's current therapist to ensure therapeutic 
168.7 	continuity and to facilitate the client's return to the community. For clients under the age of 
168.8 	18, the treatment team must consult with parents and guardians in developing the treatment 
168.9 	plan;
168.10 	(2) if a need for substance use disorder treatment is indicated by validated assessment:
168.11 	(i) identify goals, objectives, and strategies of substance use disorder treatment;
168.12 	(ii) develop a schedule for accomplishing substance use disorder treatment goals and 
168.13 	objectives; and
168.14 	(iii) identify the individuals responsible for providing substance use disorder treatment 
168.15 	services and supports; and
168.16 	(3) provide for the client's transition out of intensive nonresidential rehabilitative mental 
168.17 	health services by defining the team's actions to assist the client and subsequent providers 
168.18 	in the transition to less intensive or "stepped down" services; and.
168.19 	(4) notwithstanding section 245I.10, subdivision 8, be reviewed at least every 90 days 
168.20 	and revised to document treatment progress or, if progress is not documented, to document 
168.21 	changes in treatment.
168.22 	(f) The treatment team shall actively and assertively engage the client's family members 
168.23 	and significant others by establishing communication and collaboration with the family and 
168.24 	significant others and educating the family and significant others about the client's mental 
168.25 	illness, symptom management, and the family's role in treatment, unless the team knows or 
168.26 	has reason to suspect that the client has suffered or faces a threat of suffering any physical 
168.27 	or mental injury, abuse, or neglect from a family member or significant other.
168.28 	(g) For a client age 18 or older, the treatment team may disclose to a family member, 
168.29 	other relative, or a close personal friend of the client, or other person identified by the client, 
168.30 	the protected health information directly relevant to such person's involvement with the 
168.31 	client's care, as provided in Code of Federal Regulations, title 45, part 164.502(b). If the 
168.32 	client is present, the treatment team shall obtain the client's agreement, provide the client 
168.33 	with an opportunity to object, or reasonably infer from the circumstances, based on the 
169.1 	exercise of professional judgment, that the client does not object. If the client is not present 
169.2 	or is unable, by incapacity or emergency circumstances, to agree or object, the treatment 
169.3 	team may, in the exercise of professional judgment, determine whether the disclosure is in 
169.4 	the best interests of the client and, if so, disclose only the protected health information that 
169.5 	is directly relevant to the family member's, relative's, friend's, or client-identified person's 
169.6 	involvement with the client's health care. The client may orally agree or object to the 
169.7 	disclosure and may prohibit or restrict disclosure to specific individuals.
169.8 	(h) The treatment team shall provide interventions to promote positive interpersonal 
169.9 	relationships.

169.10 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
169.11 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
169.12 	when federal approval is obtained.

169.13 	Sec. 40. Minnesota Statutes 2021 Supplement, section 256B.0949, subdivision 2, is 
169.14 	amended to read:
169.15 		Subd. 2.Definitions. (a) The terms used in this section have the meanings given in this 
169.16 	subdivision.
169.17 	(b) "Advanced certification" means a person who has completed advanced certification 
169.18 	in an approved modality under subdivision 13, paragraph (b).
169.19 	(b) (c) "Agency" means the legal entity that is enrolled with Minnesota health care 
169.20 	programs as a medical assistance provider according to Minnesota Rules, part 9505.0195, 
169.21 	to provide EIDBI services and that has the legal responsibility to ensure that its employees 
169.22 	or contractors carry out the responsibilities defined in this section. Agency includes a licensed 
169.23 	individual professional who practices independently and acts as an agency.
169.24 	(c) (d) "Autism spectrum disorder or a related condition" or "ASD or a related condition" 
169.25 	means either autism spectrum disorder (ASD) as defined in the current version of the 
169.26 	Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found 
169.27 	to be closely related to ASD, as identified under the current version of the DSM, and meets 
169.28 	all of the following criteria:
169.29 	(1) is severe and chronic;
169.30 	(2) results in impairment of adaptive behavior and function similar to that of a person 
169.31 	with ASD;
169.32 	(3) requires treatment or services similar to those required for a person with ASD; and
170.1 	(4) results in substantial functional limitations in three core developmental deficits of 
170.2 	ASD: social or interpersonal interaction; functional communication, including nonverbal 
170.3 	or social communication; and restrictive or repetitive behaviors or hyperreactivity or 
170.4 	hyporeactivity to sensory input; and may include deficits or a high level of support in one 
170.5 	or more of the following domains:
170.6 	(i) behavioral challenges and self-regulation;
170.7 	(ii) cognition;
170.8 	(iii) learning and play;
170.9 	(iv) self-care; or
170.10 	(v) safety.
170.11 	(d) (e) "Person" means a person under 21 years of age.
170.12 	(e) (f) "Clinical supervision" means the overall responsibility for the control and direction 
170.13 	of EIDBI service delivery, including individual treatment planning, staff supervision, 
170.14 	individual treatment plan progress monitoring, and treatment review for each person. Clinical 
170.15 	supervision is provided by a qualified supervising professional (QSP) who takes full 
170.16 	professional responsibility for the service provided by each supervisee.
170.17 	(f) (g) "Commissioner" means the commissioner of human services, unless otherwise 
170.18 	specified.
170.19 	(g) (h) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive 
170.20 	evaluation of a person to determine medical necessity for EIDBI services based on the 
170.21 	requirements in subdivision 5.
170.22 	(h) (i) "Department" means the Department of Human Services, unless otherwise 
170.23 	specified.
170.24 	(i) (j) "Early intensive developmental and behavioral intervention benefit" or "EIDBI 
170.25 	benefit" means a variety of individualized, intensive treatment modalities approved and 
170.26 	published by the commissioner that are based in behavioral and developmental science 
170.27 	consistent with best practices on effectiveness.
170.28 	(j) (k) "Generalizable goals" means results or gains that are observed during a variety 
170.29 	of activities over time with different people, such as providers, family members, other adults, 
170.30 	and people, and in different environments including, but not limited to, clinics, homes, 
170.31 	schools, and the community.
170.32 	(k) (l) "Incident" means when any of the following occur:
171.1 	(1) an illness, accident, or injury that requires first aid treatment;
171.2 	(2) a bump or blow to the head; or
171.3 	(3) an unusual or unexpected event that jeopardizes the safety of a person or staff, 
171.4 	including a person leaving the agency unattended.
171.5 	(l) (m) "Individual treatment plan" or "ITP" means the person-centered, individualized 
171.6 	written plan of care that integrates and coordinates person and family information from the 
171.7 	CMDE for a person who meets medical necessity for the EIDBI benefit. An individual 
171.8 	treatment plan must meet the standards in subdivision 6.
171.9 	(m) (n) "Legal representative" means the parent of a child who is under 18 years of age, 
171.10 	a court-appointed guardian, or other representative with legal authority to make decisions 
171.11 	about service for a person. For the purpose of this subdivision, "other representative with 
171.12 	legal authority to make decisions" includes a health care agent or an attorney-in-fact 
171.13 	authorized through a health care directive or power of attorney.
171.14 	(n) (o) "Mental health professional" means a staff person who is qualified according to 
171.15 	section 245I.04, subdivision 2.
171.16 	(o) (p) "Person-centered" means a service that both responds to the identified needs, 
171.17 	interests, values, preferences, and desired outcomes of the person or the person's legal 
171.18 	representative and respects the person's history, dignity, and cultural background and allows 
171.19 	inclusion and participation in the person's community.
171.20 	(p) (q) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II, 
171.21 	or level III treatment provider.

171.22 	Sec. 41. Minnesota Statutes 2020, section 256B.0949, subdivision 8, is amended to read:
171.23 		Subd. 8.Refining the benefit with stakeholders. Before making revisions to the EIDBI 
171.24 	benefit or proposing statutory changes to this section, the commissioner must refine the 
171.25 	details of the benefit in consultation consult with stakeholders and consider recommendations 
171.26 	from the Department of Human Services Early Intensive Developmental and Behavioral 
171.27 	Intervention Advisory Council, the early intensive developmental and behavioral intervention 
171.28 	learning collaborative, and the Departments of Health, Education, Employment and Economic 
171.29 	Development, and Human Services. The details must Revisions and proposed statutory 
171.30 	changes subject to this subdivision include, but are not limited to, the following components:
171.31 	(1) a definition of the qualifications, standards, and roles of the treatment team, including 
171.32 	recommendations after stakeholder consultation on whether board-certified behavior analysts 
172.1 	and other professionals certified in other treatment approaches recognized by the department 
172.2 	or trained in ASD or a related condition and child development should be added as 
172.3 	professionals qualified to provide EIDBI clinical supervision or other functions under 
172.4 	medical assistance;
172.5 	(2) refinement of uniform parameters for CMDE and ongoing ITP progress monitoring 
172.6 	standards;
172.7 	(3) the design of an effective and consistent process for assessing the person's and the 
172.8 	person's legal representative's and the person's caregiver's preferences and options to 
172.9 	participate in the person's early intervention treatment and efficacy of methods to involve 
172.10 	and educate the person's legal representative and caregiver in the treatment of the person;
172.11 	(4) formulation of a collaborative process in which professionals have opportunities to 
172.12 	collectively inform provider standards and qualifications; standards for CMDE; medical 
172.13 	necessity determination; efficacy of treatment apparatus, including modality, intensity, 
172.14 	frequency, and duration; and ITP progress monitoring processes to support quality 
172.15 	improvement of EIDBI services;
172.16 	(5) coordination of this benefit and its interaction with other services provided by the 
172.17 	Departments of Human Services, Health, Employment and Economic Development, and 
172.18 	Education;
172.19 	(6) evaluation, on an ongoing basis, of EIDBI services outcomes and efficacy of treatment 
172.20 	modalities provided to people under this benefit; and
172.21 	(7) as provided under subdivision 17, determination of the availability of qualified EIDBI 
172.22 	providers with necessary expertise and training in ASD or a related condition throughout 
172.23 	the state to assess whether there are sufficient professionals to provide timely access and 
172.24 	prevent delay in the CMDE and treatment of a person with ASD or a related condition.

172.25 	Sec. 42. Minnesota Statutes 2021 Supplement, section 256B.0949, subdivision 13, is 
172.26 	amended to read:
172.27 		Subd. 13.Covered services. (a) The services described in paragraphs (b) to (l) are 
172.28 	eligible for reimbursement by medical assistance under this section. Services must be 
172.29 	provided by a qualified EIDBI provider and supervised by a QSP. An EIDBI service must 
172.30 	address the person's medically necessary treatment goals and must be targeted to develop, 
172.31 	enhance, or maintain the individual developmental skills of a person with ASD or a related 
172.32 	condition to improve functional communication, including nonverbal or social 
172.33 	communication, social or interpersonal interaction, restrictive or repetitive behaviors, 
173.1 	hyperreactivity or hyporeactivity to sensory input, behavioral challenges and self-regulation, 
173.2 	cognition, learning and play, self-care, and safety.
173.3 	(b) EIDBI treatment must be delivered consistent with the standards of an approved 
173.4 	modality, as published by the commissioner. EIDBI modalities include:
173.5 	(1) applied behavior analysis (ABA);
173.6 	(2) developmental individual-difference relationship-based model (DIR/Floortime);
173.7 	(3) early start Denver model (ESDM);
173.8 	(4) PLAY project;
173.9 	(5) relationship development intervention (RDI); or
173.10 	(6) additional modalities not listed in clauses (1) to (5) upon approval by the 
173.11 	commissioner.
173.12 	(c) An EIDBI provider may use one or more of the EIDBI modalities in paragraph (b), 
173.13 	clauses (1) to (5), as the primary modality for treatment as a covered service, or several 
173.14 	EIDBI modalities in combination as the primary modality of treatment, as approved by the 
173.15 	commissioner. An EIDBI provider that identifies and provides assurance of qualifications 
173.16 	for a single specific treatment modality, including an EIDBI provider with advanced 
173.17 	certification overseeing implementation, must document the required qualifications to meet 
173.18 	fidelity to the specific model in a manner determined by the commissioner.
173.19 	(d) Each qualified EIDBI provider must identify and provide assurance of qualifications 
173.20 	for professional licensure certification, or training in evidence-based treatment methods, 
173.21 	and must document the required qualifications outlined in subdivision 15 in a manner 
173.22 	determined by the commissioner.
173.23 	(e) CMDE is a comprehensive evaluation of the person's developmental status to 
173.24 	determine medical necessity for EIDBI services and meets the requirements of subdivision 
173.25 	5. The services must be provided by a qualified CMDE provider.
173.26 	(f) EIDBI intervention observation and direction is the clinical direction and oversight 
173.27 	of EIDBI services by the QSP, level I treatment provider, or level II treatment provider, 
173.28 	including developmental and behavioral techniques, progress measurement, data collection, 
173.29 	function of behaviors, and generalization of acquired skills for the direct benefit of a person. 
173.30 	EIDBI intervention observation and direction informs any modification of the current 
173.31 	treatment protocol to support the outcomes outlined in the ITP.
174.1 	(g) Intervention is medically necessary direct treatment provided to a person with ASD 
174.2 	or a related condition as outlined in their ITP. All intervention services must be provided 
174.3 	under the direction of a QSP. Intervention may take place across multiple settings. The 
174.4 	frequency and intensity of intervention services are provided based on the number of 
174.5 	treatment goals, person and family or caregiver preferences, and other factors. Intervention 
174.6 	services may be provided individually or in a group. Intervention with a higher provider 
174.7 	ratio may occur when deemed medically necessary through the person's ITP.
174.8 	(1) Individual intervention is treatment by protocol administered by a single qualified 
174.9 	EIDBI provider delivered to one person.
174.10 	(2) Group intervention is treatment by protocol provided by one or more qualified EIDBI 
174.11 	providers, delivered to at least two people who receive EIDBI services.
174.12 	(3) Higher provider ratio intervention is treatment with protocol modification provided 
174.13 	by two or more qualified EIDBI providers delivered to one person in an environment that 
174.14 	meets the person's needs and under the direction of the QSP or level I provider.
174.15 	(h) ITP development and ITP progress monitoring is development of the initial, annual, 
174.16 	and progress monitoring of an ITP. ITP development and ITP progress monitoring documents 
174.17 	provide oversight and ongoing evaluation of a person's treatment and progress on targeted 
174.18 	goals and objectives and integrate and coordinate the person's and the person's legal 
174.19 	representative's information from the CMDE and ITP progress monitoring. This service 
174.20 	must be reviewed and completed by the QSP, and may include input from a level I provider 
174.21 	or a level II provider.
174.22 	(i) Family caregiver training and counseling is specialized training and education for a 
174.23 	family or primary caregiver to understand the person's developmental status and help with 
174.24 	the person's needs and development. This service must be provided by the QSP, level I 
174.25 	provider, or level II provider.
174.26 	(j) A coordinated care conference is a voluntary meeting with the person and the person's 
174.27 	family to review the CMDE or ITP progress monitoring and to integrate and coordinate 
174.28 	services across providers and service-delivery systems to develop the ITP. This service 
174.29 	must be provided by the QSP and may include the CMDE provider or, QSP, a level I 
174.30 	provider, or a level II provider.
174.31 	(k) Travel time is allowable billing for traveling to and from the person's home, school, 
174.32 	a community setting, or place of service outside of an EIDBI center, clinic, or office from 
174.33 	a specified location to provide in-person EIDBI intervention, observation and direction, or 
175.1 	family caregiver training and counseling. The person's ITP must specify the reasons the 
175.2 	provider must travel to the person.
175.3 	(l) Medical assistance covers medically necessary EIDBI services and consultations 
175.4 	delivered by a licensed health care provider via telehealth, as defined under section 
175.5 	256B.0625, subdivision 3b, in the same manner as if the service or consultation was delivered 
175.6 	in person.

175.7 	Sec. 43. Minnesota Statutes 2020, section 256G.02, subdivision 6, is amended to read:
175.8 		Subd. 6.Excluded time. "Excluded time" means:
175.9 	(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter other 
175.10 	than an emergency shelter, halfway house, foster home, community residential setting 
175.11 	licensed under chapter 245D, semi-independent living domicile or services program, 
175.12 	residential facility offering care, board and lodging facility or other institution for the 
175.13 	hospitalization or care of human beings, as defined in section 144.50, 144A.01, or 245A.02, 
175.14 	subdivision 14; maternity home, battered women's shelter, or correctional facility; or any 
175.15 	facility based on an emergency hold under section 253B.05, subdivisions 1 and 2;
175.16 	(2) any period an applicant spends on a placement basis in a training and habilitation 
175.17 	program, including: a rehabilitation facility or work or employment program as defined in 
175.18 	section 268A.01; semi-independent living services provided under section 252.275, and 
175.19 	chapter 245D; or day training and habilitation programs and;
175.20 	(3) any period an applicant is receiving assisted living services, integrated community 
175.21 	supports, or day support services; and
175.22 	(3) (4) any placement for a person with an indeterminate commitment, including 
175.23 	independent living.

175.24 	Sec. 44. Minnesota Statutes 2020, section 256K.26, subdivision 2, is amended to read:
175.25 		Subd. 2.Implementation. The commissioner, in consultation with the commissioners 
175.26 	of the Department of Corrections and the Minnesota Housing Finance Agency, counties, 
175.27 	Tribes, providers, and funders of supportive housing and services, shall develop application 
175.28 	requirements and make funds available according to this section, with the goal of providing 
175.29 	maximum flexibility in program design.

175.30 	Sec. 45. Minnesota Statutes 2020, section 256K.26, subdivision 6, is amended to read:
175.31 		Subd. 6.Outcomes. Projects will be selected to further the following outcomes:
176.1 	(1) reduce the number of Minnesota individuals and families that experience long-term 
176.2 	homelessness;
176.3 	(2) increase the number of housing opportunities with supportive services;
176.4 	(3) develop integrated, cost-effective service models that address the multiple barriers 
176.5 	to obtaining housing stability faced by people experiencing long-term homelessness, 
176.6 	including abuse, neglect, chemical dependency, disability, chronic health problems, or other 
176.7 	factors including ethnicity and race that may result in poor outcomes or service disparities;
176.8 	(4) encourage partnerships among counties, Tribes, community agencies, schools, and 
176.9 	other providers so that the service delivery system is seamless for people experiencing 
176.10 	long-term homelessness;
176.11 	(5) increase employability, self-sufficiency, and other social outcomes for individuals 
176.12 	and families experiencing long-term homelessness; and
176.13 	(6) reduce inappropriate use of emergency health care, shelter, chemical dependency
176.14 	substance use disorder treatment, foster care, child protection, corrections, and similar 
176.15 	services used by people experiencing long-term homelessness.

176.16 	Sec. 46. Minnesota Statutes 2020, section 256K.26, subdivision 7, is amended to read:
176.17 		Subd. 7.Eligible services. Services eligible for funding under this section are all services 
176.18 	needed to maintain households in permanent supportive housing, as determined by the 
176.19 	county or counties or Tribes administering the project or projects.

176.20 	Sec. 47. Minnesota Statutes 2021 Supplement, section 256P.01, subdivision 6a, is amended 
176.21 	to read:
176.22 		Subd. 6a.Qualified professional. (a) For illness, injury, or incapacity, a "qualified 
176.23 	professional" means a licensed physician, physician assistant, advanced practice registered 
176.24 	nurse, physical therapist, occupational therapist, or licensed chiropractor, according to their 
176.25 	scope of practice.
176.26 	(b) For developmental disability, learning disability, and intelligence testing, a "qualified 
176.27 	professional" means a licensed physician, physician assistant, advanced practice registered 
176.28 	nurse, licensed independent clinical social worker, licensed psychologist, certified school 
176.29 	psychologist, or certified psychometrist working under the supervision of a licensed 
176.30 	psychologist.
177.1 	(c) For mental health, a "qualified professional" means a licensed physician, advanced 
177.2 	practice registered nurse, or qualified mental health professional under section 245I.04, 
177.3 	subdivision 2.
177.4 	(d) For substance use disorder, a "qualified professional" means a licensed physician, a 
177.5 	qualified mental health professional under section 245.462, subdivision 18, clauses (1) to 
177.6 	(6) 245I.04, subdivision 2, or an individual as defined in section 245G.11, subdivision 3, 
177.7 	4, or 5.

177.8 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
177.9 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
177.10 	when federal approval is obtained.

177.11 	Sec. 48. Minnesota Statutes 2020, section 256Q.06, is amended by adding a subdivision 
177.12 	to read:
177.13 		Subd. 6.Account creation. If an eligible individual is unable to establish the eligible 
177.14 	individual's own ABLE account, an ABLE account may be established on behalf of the 
177.15 	eligible individual by the eligible individual's agent under a power of attorney or, if none, 
177.16 	by the eligible individual's conservator or legal guardian, spouse, parent, sibling, or 
177.17 	grandparent or a representative payee appointed for the eligible individual by the Social 
177.18 	Security Administration, in that order.

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

177.20 	Sec. 49. Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended 
177.21 	by Laws 2021, First Special Session chapter 7, article 2, section 71, is amended to read:
177.22 		Subdivision 1.Waivers and modifications; federal funding extension. When the 
177.23 	peacetime emergency declared by the governor in response to the COVID-19 outbreak 
177.24 	expires, is terminated, or is rescinded by the proper authority, the following waivers and 
177.25 	modifications to human services programs issued by the commissioner of human services 
177.26 	pursuant to Executive Orders 20-11 and 20-12 that are required to comply with federal law
177.27 	may remain in effect for the time period set out in applicable federal law or for the time 
177.28 	period set out in any applicable federally approved waiver or state plan amendment, 
177.29 	whichever is later:
177.30 	(1) CV15: allowing telephone or video visits for waiver programs;
177.31 	(2) CV17: preserving health care coverage for Medical Assistance and MinnesotaCare;
178.1 	(3) CV18: implementation of federal changes to the Supplemental Nutrition Assistance 
178.2 	Program;
178.3 	(4) CV20: eliminating cost-sharing for COVID-19 diagnosis and treatment;
178.4 	(5) CV24: allowing telephone or video use for targeted case management visits;
178.5 	(6) CV30: expanding telemedicine in health care, mental health, and substance use 
178.6 	disorder settings;
178.7 	(7) CV37: implementation of federal changes to the Supplemental Nutrition Assistance 
178.8 	Program;
178.9 	(8) CV39: implementation of federal changes to the Supplemental Nutrition Assistance 
178.10 	Program;
178.11 	(9) CV42: implementation of federal changes to the Supplemental Nutrition Assistance 
178.12 	Program;
178.13 	(10) CV43: expanding remote home and community-based waiver services;
178.14 	(11) CV44: allowing remote delivery of adult day services;
178.15 	(12) CV59: modifying eligibility period for the federally funded Refugee Cash Assistance 
178.16 	Program;
178.17 	(13) CV60: modifying eligibility period for the federally funded Refugee Social Services 
178.18 	Program; and
178.19 	(14) CV109: providing 15 percent increase for Minnesota Food Assistance Program and 
178.20 	Minnesota Family Investment Program maximum food benefits.

178.21 	Sec. 50. Laws 2021, First Special Session chapter 7, article 11, section 38, is amended to 
178.22 	read:
178.23 	Sec. 38. DIRECTION TO THE COMMISSIONER; SUBSTANCE USE DISORDER 
178.24 	TREATMENT PAPERWORK REDUCTION.
 178.25 	(a) The commissioner of human services, in consultation with counties, tribes, managed 
178.26 	care organizations, substance use disorder treatment professional associations, and other 
178.27 	relevant stakeholders, shall develop, assess, and recommend systems improvements to 
178.28 	minimize regulatory paperwork and improve systems for substance use disorder programs 
178.29 	licensed under Minnesota Statutes, chapter 245A, and regulated under Minnesota Statutes, 
178.30 	chapters 245F and 245G, and Minnesota Rules, chapters 2960 and 9530. The commissioner 
179.1 	of human services shall make available any resources needed from other divisions within 
179.2 	the department to implement systems improvements.
179.3 	(b) The commissioner of health shall make available needed information and resources 
179.4 	from the Division of Health Policy.
179.5 	(c) The Office of MN.IT Services shall provide advance consultation and implementation 
179.6 	of the changes needed in data systems.
179.7 	(d) The commissioner of human services shall contract with a vendor that has experience 
179.8 	with developing statewide system changes for multiple states at the payer and provider 
179.9 	levels. If the commissioner, after exercising reasonable diligence, is unable to secure a 
179.10 	vendor with the requisite qualifications, the commissioner may select the best qualified 
179.11 	vendor available. When developing recommendations, the commissioner shall consider 
179.12 	input from all stakeholders. The commissioner's recommendations shall maximize benefits 
179.13 	for clients and utility for providers, regulatory agencies, and payers.
179.14 	(e) The commissioner of human services and the contracted vendor shall follow the 
179.15 	recommendations from the report issued in response to Laws 2019, First Special Session 
179.16 	chapter 9, article 6, section 76.
179.17 	(f) By December 15, 2022 Within two years of contracting with a qualified vendor 
179.18 	according to paragraph (d), the commissioner of human services shall take steps to implement 
179.19 	paperwork reductions and systems improvements within the commissioner's authority and 
179.20 	submit to the chairs and ranking minority members of the legislative committees with 
179.21 	jurisdiction over health and human services a report that includes recommendations for 
179.22 	changes in statutes that would further enhance systems improvements to reduce paperwork. 
179.23 	The report shall include a summary of the approaches developed and assessed by the 
179.24 	commissioner of human services and stakeholders and the results of any assessments 
179.25 	conducted.

179.26 	Sec. 51. REVISOR INSTRUCTION.
 179.27 	In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall change the term 
179.28 	"chemical dependency" or similar terms to "substance use disorder." The revisor may make 
179.29 	grammatical changes related to the term change.

179.30 	Sec. 52. REPEALER.
 179.31 	(a) Minnesota Statutes 2020, sections 254A.04; and 254B.14, subdivisions 1, 2, 3, 4, 
179.32 	and 6, are repealed.
180.1 	(b) Minnesota Statutes 2021 Supplement, section 254B.14, subdivision 5, is repealed.

180.2 	ARTICLE 5
180.3 	COMMUNITY SUPPORTS

180.4 	Section 1. Minnesota Statutes 2020, section 245D.10, subdivision 3a, is amended to read:
180.5 		Subd. 3a.Service termination. (a) The license holder must establish policies and 
180.6 	procedures for service termination that promote continuity of care and service coordination 
180.7 	with the person and the case manager and with other licensed caregivers, if any, who also 
180.8 	provide support to the person. The policy must include the requirements specified in 
180.9 	paragraphs (b) to (f).
180.10 	(b) The license holder must permit each person to remain in the program or to continue 
180.11 	receiving services and must not terminate services unless:
180.12 	(1) the termination is necessary for the person's welfare and the facility license holder
180.13 	cannot meet the person's needs;
180.14 	(2) the safety of the person or, others in the program, or staff is endangered and positive 
180.15 	support strategies were attempted and have not achieved and effectively maintained safety 
180.16 	for the person or others;
180.17 	(3) the health of the person or, others in the program, or staff would otherwise be 
180.18 	endangered;
180.19 	(4) the program license holder has not been paid for services;
180.20 	(5) the program or license holder ceases to operate;
180.21 	(6) the person has been terminated by the lead agency from waiver eligibility; or
180.22 	(7) for state-operated community-based services, the person no longer demonstrates 
180.23 	complex behavioral needs that cannot be met by private community-based providers 
180.24 	identified in section 252.50, subdivision 5, paragraph (a), clause (1).
180.25 	(c) Prior to giving notice of service termination, the license holder must document actions 
180.26 	taken to minimize or eliminate the need for termination. Action taken by the license holder 
180.27 	must include, at a minimum:
180.28 	(1) consultation with the person's support team or expanded support team to identify 
180.29 	and resolve issues leading to issuance of the termination notice;
180.30 	(2) a request to the case manager for intervention services identified in section 245D.03, 
180.31 	subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention 
181.1 	services to support the person in the program. This requirement does not apply to notices 
181.2 	of service termination issued under paragraph (b), clauses (4) and (7); and
181.3 	(3) for state-operated community-based services terminating services under paragraph 
181.4 	(b), clause (7), the state-operated community-based services must engage in consultation 
181.5 	with the person's support team or expanded support team to:
181.6 	(i) identify that the person no longer demonstrates complex behavioral needs that cannot 
181.7 	be met by private community-based providers identified in section 252.50, subdivision 5, 
181.8 	paragraph (a), clause (1);
181.9 	(ii) provide notice of intent to issue a termination of services to the lead agency when a 
181.10 	finding has been made that a person no longer demonstrates complex behavioral needs that 
181.11 	cannot be met by private community-based providers identified in section 252.50, subdivision 
181.12 	5, paragraph (a), clause (1);
181.13 	(iii) assist the lead agency and case manager in developing a person-centered transition 
181.14 	plan to a private community-based provider to ensure continuity of care; and
181.15 	(iv) coordinate with the lead agency to ensure the private community-based service 
181.16 	provider is able to meet the person's needs and criteria established in a person's 
181.17 	person-centered transition plan.
181.18 	If, based on the best interests of the person, the circumstances at the time of the notice were 
181.19 	such that the license holder was unable to take the action specified in clauses (1) and (2), 
181.20 	the license holder must document the specific circumstances and the reason for being unable 
181.21 	to do so.
181.22 	(d) The notice of service termination must meet the following requirements:
181.23 	(1) the license holder must notify the person or the person's legal representative and the 
181.24 	case manager in writing of the intended service termination. If the service termination is 
181.25 	from residential supports and services as defined in section 245D.03, subdivision 1, paragraph 
181.26 	(c), clause (3), the license holder must also notify the commissioner in writing; and
181.27 	(2) the notice must include:
181.28 	(i) the reason for the action;
181.29 	(ii) except for a service termination under paragraph (b), clause (5), a summary of actions 
181.30 	taken to minimize or eliminate the need for service termination or temporary service 
181.31 	suspension as required under paragraph (c), and why these measures failed to prevent the 
181.32 	termination or suspension;
182.1 	(iii) the person's right to appeal the termination of services under section 256.045, 
182.2 	subdivision 3, paragraph (a); and
182.3 	(iv) the person's right to seek a temporary order staying the termination of services 
182.4 	according to the procedures in section 256.045, subdivision 4a or 6, paragraph (c).
182.5 	(e) Notice of the proposed termination of service, including those situations that began 
182.6 	with a temporary service suspension, must be given at least 90 days prior to termination of 
182.7 	services under paragraph (b), clause (7), 60 days prior to termination when a license holder 
182.8 	is providing intensive supports and services identified in section 245D.03, subdivision 1, 
182.9 	paragraph (c), and 30 days prior to termination for all other services licensed under this 
182.10 	chapter. This notice may be given in conjunction with a notice of temporary service 
182.11 	suspension under subdivision 3.
182.12 	(f) During the service termination notice period, the license holder must:
182.13 	(1) work with the support team or expanded support team to develop reasonable 
182.14 	alternatives to protect the person and others and to support continuity of care;
182.15 	(2) provide information requested by the person or case manager; and
182.16 	(3) maintain information about the service termination, including the written notice of 
182.17 	intended service termination, in the service recipient record.
182.18 	(g) For notices issued under paragraph (b), clause (7), the lead agency shall provide 
182.19 	notice to the commissioner and state-operated services at least 30 days before the conclusion 
182.20 	of the 90-day termination period, if an appropriate alternative provider cannot be secured. 
182.21 	Upon receipt of this notice, the commissioner and state-operated services shall reassess 
182.22 	whether a private community-based service can meet the person's needs. If the commissioner 
182.23 	determines that a private provider can meet the person's needs, state-operated services shall, 
182.24 	if necessary, extend notice of service termination until placement can be made. If the 
182.25 	commissioner determines that a private provider cannot meet the person's needs, 
182.26 	state-operated services shall rescind the notice of service termination and re-engage with 
182.27 	the lead agency in service planning for the person.
182.28 	(h) For state-operated community-based services, the license holder shall prioritize the 
182.29 	capacity created within the existing service site by the termination of services under paragraph 
182.30 	(b), clause (7), to serve persons described in section 252.50, subdivision 5, paragraph (a), 
182.31 	clause (1).

183.1 	Sec. 2. Minnesota Statutes 2020, section 256.045, subdivision 3, is amended to read:
183.2 		Subd. 3.State agency hearings. (a) State agency hearings are available for the following:
183.3 	(1) any person applying for, receiving or having received public assistance, medical 
183.4 	care, or a program of social services granted by the state agency or a county agency or the 
183.5 	federal Food and Nutrition Act whose application for assistance is denied, not acted upon 
183.6 	with reasonable promptness, or whose assistance is suspended, reduced, terminated, or 
183.7 	claimed to have been incorrectly paid;
183.8 	(2) any patient or relative aggrieved by an order of the commissioner under section 
183.9 	252.27;
183.10 	(3) a party aggrieved by a ruling of a prepaid health plan;
183.11 	(4) except as provided under chapter 245C, any individual or facility determined by a 
183.12 	lead investigative agency to have maltreated a vulnerable adult under section 626.557 after 
183.13 	they have exercised their right to administrative reconsideration under section 626.557;
183.14 	(5) any person whose claim for foster care payment according to a placement of the 
183.15 	child resulting from a child protection assessment under chapter 260E is denied or not acted 
183.16 	upon with reasonable promptness, regardless of funding source;
183.17 	(6) any person to whom a right of appeal according to this section is given by other 
183.18 	provision of law;
183.19 	(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver 
183.20 	under section 256B.15;
183.21 	(8) an applicant aggrieved by an adverse decision to an application or redetermination 
183.22 	for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
183.23 	(9) except as provided under chapter 245A, an individual or facility determined to have 
183.24 	maltreated a minor under chapter 260E, after the individual or facility has exercised the 
183.25 	right to administrative reconsideration under chapter 260E;
183.26 	(10) except as provided under chapter 245C, an individual disqualified under sections 
183.27 	245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, 
183.28 	on the basis of serious or recurring maltreatment; a preponderance of the evidence that the 
183.29 	individual has committed an act or acts that meet the definition of any of the crimes listed 
183.30 	in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 
183.31 	260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment 
183.32 	determination under clause (4) or (9) and a disqualification under this clause in which the 
184.1 	basis for a disqualification is serious or recurring maltreatment, shall be consolidated into 
184.2 	a single fair hearing. In such cases, the scope of review by the human services judge shall 
184.3 	include both the maltreatment determination and the disqualification. The failure to exercise 
184.4 	the right to an administrative reconsideration shall not be a bar to a hearing under this section 
184.5 	if federal law provides an individual the right to a hearing to dispute a finding of 
184.6 	maltreatment;
184.7 	(11) any person with an outstanding debt resulting from receipt of public assistance, 
184.8 	medical care, or the federal Food and Nutrition Act who is contesting a setoff claim by the 
184.9 	Department of Human Services or a county agency. The scope of the appeal is the validity 
184.10 	of the claimant agency's intention to request a setoff of a refund under chapter 270A against 
184.11 	the debt;
184.12 	(12) a person issued a notice of service termination under section 245D.10, subdivision 
184.13 	3a, from by a licensed provider of any residential supports and or services as defined listed
184.14 	in section 245D.03, subdivision 1, paragraph paragraphs (b) and (c), clause (3), that is not 
184.15 	otherwise subject to appeal under subdivision 4a;
184.16 	(13) an individual disability waiver recipient based on a denial of a request for a rate 
184.17 	exception under section 256B.4914; or
184.18 	(14) a person issued a notice of service termination under section 245A.11, subdivision 
184.19 	11, that is not otherwise subject to appeal under subdivision 4a.
184.20 	(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10), 
184.21 	is the only administrative appeal to the final agency determination specifically, including 
184.22 	a challenge to the accuracy and completeness of data under section 13.04. Hearings requested 
184.23 	under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or 
184.24 	after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged 
184.25 	to have maltreated a resident prior to October 1, 1995, shall be held as a contested case 
184.26 	proceeding under the provisions of chapter 14. Hearings requested under paragraph (a), 
184.27 	clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A 
184.28 	hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only 
184.29 	available when there is no district court action pending. If such action is filed in district 
184.30 	court while an administrative review is pending that arises out of some or all of the events 
184.31 	or circumstances on which the appeal is based, the administrative review must be suspended 
184.32 	until the judicial actions are completed. If the district court proceedings are completed, 
184.33 	dismissed, or overturned, the matter may be considered in an administrative hearing.
185.1 	(c) For purposes of this section, bargaining unit grievance procedures are not an 
185.2 	administrative appeal.
185.3 	(d) The scope of hearings involving claims to foster care payments under paragraph (a), 
185.4 	clause (5), shall be limited to the issue of whether the county is legally responsible for a 
185.5 	child's placement under court order or voluntary placement agreement and, if so, the correct 
185.6 	amount of foster care payment to be made on the child's behalf and shall not include review 
185.7 	of the propriety of the county's child protection determination or child placement decision.
185.8 	(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to 
185.9 	whether the proposed termination of services is authorized under section 245D.10, 
185.10 	subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements 
185.11 	of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, 
185.12 	paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of 
185.13 	termination of services, the scope of the hearing shall also include whether the case 
185.14 	management provider has finalized arrangements for a residential facility, a program, or 
185.15 	services that will meet the assessed needs of the recipient by the effective date of the service 
185.16 	termination.
185.17 	(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor 
185.18 	under contract with a county agency to provide social services is not a party and may not 
185.19 	request a hearing under this section, except if assisting a recipient as provided in subdivision 
185.20 	4.
185.21 	(g) An applicant or recipient is not entitled to receive social services beyond the services 
185.22 	prescribed under chapter 256M or other social services the person is eligible for under state 
185.23 	law.
185.24 	(h) The commissioner may summarily affirm the county or state agency's proposed 
185.25 	action without a hearing when the sole issue is an automatic change due to a change in state 
185.26 	or federal law.
185.27 	(i) Unless federal or Minnesota law specifies a different time frame in which to file an 
185.28 	appeal, an individual or organization specified in this section may contest the specified 
185.29 	action, decision, or final disposition before the state agency by submitting a written request 
185.30 	for a hearing to the state agency within 30 days after receiving written notice of the action, 
185.31 	decision, or final disposition, or within 90 days of such written notice if the applicant, 
185.32 	recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 
185.33 	13, why the request was not submitted within the 30-day time limit. The individual filing 
185.34 	the appeal has the burden of proving good cause by a preponderance of the evidence.

186.1 	Sec. 3. Minnesota Statutes 2020, section 256I.03, subdivision 6, is amended to read:
186.2 		Subd. 6.Medical assistance room and board rate. "Medical assistance room and board 
186.3 	rate" means an amount equal to the medical assistance income standard 81 percent of the 
186.4 	federal poverty guideline for a single individual living alone in the community less the 
186.5 	medical assistance personal needs allowance under section 256B.35. For the purposes of 
186.6 	this section, the amount of the room and board rate that exceeds the medical assistance room 
186.7 	and board rate is considered a remedial care cost. A remedial care cost may be used to meet 
186.8 	a spenddown obligation under section 256B.056, subdivision 5. The medical assistance 
186.9 	room and board rate is to be adjusted on the first day of January of each year.

186.10 	ARTICLE 6
186.11 	BEHAVIORAL HEALTH

186.12 	Section 1. [4.046] OPIOIDS, SUBSTANCE USE, AND ADDICTION SUBCABINET.
186.13 		Subdivision 1.Subcabinet established; purposes. The Opioids, Substance Use, and 
186.14 	Addiction Subcabinet is established. The purposes of the subcabinet are to identify:
186.15 	(1) challenges that exist within state government that create silos around addiction, 
186.16 	treatment, prevention, and recovery; that limit access to treatment options or addiction-related 
186.17 	services for all Minnesotans; and that prevent successful treatment outcomes;
186.18 	(2) opportunities that exist within state government that support accessible and effective 
186.19 	substance use disorder treatment options or addiction-related services;
186.20 	(3) barriers and gaps in service for all Minnesotans seeking treatment for opioid or 
186.21 	substance use disorder, particularly those barriers and gaps affecting members of communities 
186.22 	disproportionately impacted by substance use and addiction;
186.23 	(4) potential solutions to barriers and gaps identified in clause (3);
186.24 	(5) how the state can address addiction as a chronic disease, emphasizing that there are 
186.25 	multiple ways to enter sobriety; and
186.26 	(6) policies and strategies that address prevention efforts, including addressing underlying 
186.27 	causes of addiction and public awareness and education around the dangers of issues 
186.28 	including but not limited to opioid abuse, use of fentanyl and other synthetic opioids, other 
186.29 	substance use, excessive alcohol consumption, and addiction.
186.30 		Subd. 2.Subcabinet membership. The subcabinet consists of the following members:
186.31 	(1) the commissioner of human services;
187.1 	(2) the commissioner of health;
187.2 	(3) the commissioner of education;
187.3 	(4) the commissioner of public safety;
187.4 	(5) the commissioner of corrections;
187.5 	(6) the commissioner of management and budget;
187.6 	(7) the commissioner of higher education;
187.7 	(8) the chair of the Interagency Council on Homelessness; and
187.8 	(9) the governor's director of addiction and recovery, who shall serve as chair of the 
187.9 	subcabinet.
187.10 		Subd. 3.Policy and strategy development. The subcabinet must engage in the following 
187.11 	duties related to the development of opioid use, substance use, and addiction policy and 
187.12 	strategy:
187.13 	(1) identify challenges and opportunities that exist relating to accessing treatment and 
187.14 	support services and develop recommendations to overcome these barriers for all 
187.15 	Minnesotans;
187.16 	(2) with input from affected communities, develop policies and strategies that will reduce 
187.17 	barriers and gaps in service for all Minnesotans seeking treatment for opioid or substance 
187.18 	use disorder, particularly for those Minnesotans who are members of communities 
187.19 	disproportionately impacted by substance use and addiction;
187.20 	(3) develop policies and strategies that the state may adopt to expand Minnesota's recovery 
187.21 	infrastructure, including detoxification or withdrawal management facilities, treatment 
187.22 	facilities, and sober housing;
187.23 	(4) identify innovative services and strategies for effective treatment and support;
187.24 	(5) develop policies and strategies to expand services and support for people in Minnesota 
187.25 	suffering from opioid or substance use disorder through partnership with the Opioid Epidemic 
187.26 	Response Advisory Council and other relevant partnerships;
187.27 	(6) develop policies and strategies for agencies to manage addiction and the relationship 
187.28 	it has with co-occurring conditions;
187.29 	(7) identify policies and strategies to address opioid or substance use disorder among 
187.30 	Minnesotans experiencing homelessness; and
188.1 	(8) submit recommendations to the legislature addressing opioid use, substance use, and 
188.2 	addiction in Minnesota.
188.3 		Subd. 4.Public engagement. The subcabinet must develop and implement a framework 
188.4 	to ensure meaningful public engagement is conducted by the subcabinet's agencies and 
188.5 	boards. The purpose of the framework is to:
188.6 	(1) engage with and seek feedback from all affected Minnesotans, including members 
188.7 	of the 11 Tribal Nations within Minnesota;
188.8 	(2) build partnerships and shared understanding with all affected Minnesotans, including 
188.9 	members of Tribal communities in urban areas, communities of color, local communities, 
188.10 	and industries, including but not limited to the health and business sectors;
188.11 	(3) provide a platform for dialogue about the needs and challenges of those in active 
188.12 	addiction or in recovery and to identify effective solutions and how those solutions will 
188.13 	impact the lives of people in Minnesota, including those who are members of communities 
188.14 	disproportionately impacted by addiction, including opioid addiction; and
188.15 	(4) gather and share ideas for how Minnesotans can get involved with and stay informed 
188.16 	about addiction issues that matter to them.
188.17 		Subd. 5.Governor's Advisory Council on Opioids, Substance Use, and Addiction. (a) 
188.18 	The Governor's Advisory Council on Opioids, Substance Use, and Addiction is established 
188.19 	to advise the subcabinet on the purposes and duties described in this section. The advisory 
188.20 	council consists of up to 18 members appointed by the governor. The governor must seek 
188.21 	representation from community leaders, individuals with direct experience with addiction, 
188.22 	individuals providing treatment services, and other relevant stakeholders in making 
188.23 	appointments to the council. The governor will appoint one member as chair of the advisory 
188.24 	council.
188.25 	(b) The advisory council must:
188.26 	(1) meet up to four times per year to identify opportunities for and barriers to the 
188.27 	development and implementation of policies and strategies to expand access to effective 
188.28 	services for people in Minnesota suffering from addiction;
188.29 	(2) examine what services and supports are needed in communities that are 
188.30 	disproportionately impacted by the opioid epidemic; and
188.31 	(3) provide opportunities for Minnesotans who have directly experienced addiction to 
188.32 	address needs, challenges, and solutions.
189.1 	(c) The terms, compensation, and removal of members of the advisory council are 
189.2 	governed by section 15.059.
189.3 		Subd. 6.Addiction and recovery director. The governor must appoint an addiction 
189.4 	and recovery director, who shall serve as chair of the subcabinet. The director shall serve 
189.5 	in the unclassified service and shall report to the governor. The director must:
189.6 	(1) make efforts to break down silos and work across agencies to better target the state's 
189.7 	role in addressing addiction, treatment, and recovery;
189.8 	(2) assist in leading the subcabinet and the advisory council toward progress on 
189.9 	measurable goals that track the state's efforts in combatting addiction; and
189.10 	(3) establish and manage external partnerships and build relationships with communities, 
189.11 	community leaders, and those who have direct experience with addiction to ensure that all 
189.12 	voices of recovery are represented in the work of the subcabinet and advisory council.
189.13 		Subd. 7.Staff and administrative support. The commissioner of human services, in 
189.14 	coordination with other state agencies and boards as applicable, must provide staffing and 
189.15 	administrative support to the addiction and recovery director, the subcabinet, and the advisory 
189.16 	council established in this section.

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

189.18 	Sec. 2. Minnesota Statutes 2020, section 13.46, subdivision 7, is amended to read:
189.19 		Subd. 7.Mental health data. (a) Mental health data are private data on individuals and 
189.20 	shall not be disclosed, except:
189.21 	(1) pursuant to section 13.05, as determined by the responsible authority for the 
189.22 	community mental health center, mental health division, or provider;
189.23 	(2) pursuant to court order;
189.24 	(3) pursuant to a statute specifically authorizing access to or disclosure of mental health 
189.25 	data or as otherwise provided by this subdivision;
189.26 	(4) to personnel of the welfare system working in the same program or providing services 
189.27 	to the same individual or family to the extent necessary to coordinate services, provided 
189.28 	that a health record may be disclosed only as provided under section 144.293;
189.29 	(5) to a health care provider governed by sections 144.291 to 144.298, to the extent 
189.30 	necessary to coordinate services; or
189.31 	(6) with the consent of the client or patient.
190.1 	(b) An agency of the welfare system may not require an individual to consent to the 
190.2 	release of mental health data as a condition for receiving services or for reimbursing a 
190.3 	community mental health center, mental health division of a county, or provider under 
190.4 	contract to deliver mental health services.
190.5 	(c) Notwithstanding section 245.69, subdivision 2, paragraph (f), or any other law to the 
190.6 	contrary, the responsible authority for a community mental health center, mental health 
190.7 	division of a county, or a mental health provider must disclose mental health data to a law 
190.8 	enforcement agency if the law enforcement agency provides the name of a client or patient 
190.9 	and communicates that the:
190.10 	(1) client or patient is currently involved in an emergency interaction with a mental 
190.11 	health crisis as defined in section 256B.0624, subdivision 2, paragraph (j), to which the law 
190.12 	enforcement agency has responded; and
190.13 	(2) data is necessary to protect the health or safety of the client or patient or of another 
190.14 	person.
190.15 	The scope of disclosure under this paragraph is limited to the minimum necessary for 
190.16 	law enforcement to safely respond to the emergency mental health crisis. Disclosure under 
190.17 	this paragraph may include, but is not limited to, the name and telephone number of the 
190.18 	psychiatrist, psychologist, therapist, mental health professional, practitioner, or case manager 
190.19 	of the client or patient, if known; and strategies to address the mental health crisis. A law 
190.20 	enforcement agency that obtains mental health data under this paragraph shall maintain a 
190.21 	record of the requestor, the provider of the information data, and the client or patient name. 
190.22 	Mental health data obtained by a law enforcement agency under this paragraph are private 
190.23 	data on individuals and must not be used by the law enforcement agency for any other 
190.24 	purpose. A law enforcement agency that obtains mental health data under this paragraph 
190.25 	shall inform the subject of the data that mental health data was obtained.
190.26 	(d) In the event of a request under paragraph (a), clause (6), a community mental health 
190.27 	center, county mental health division, or provider must release mental health data to Criminal 
190.28 	Mental Health Court personnel in advance of receiving a copy of a consent if the Criminal 
190.29 	Mental Health Court personnel communicate that the:
190.30 	(1) client or patient is a defendant in a criminal case pending in the district court;
190.31 	(2) data being requested is limited to information that is necessary to assess whether the 
190.32 	defendant is eligible for participation in the Criminal Mental Health Court; and
191.1 	(3) client or patient has consented to the release of the mental health data and a copy of 
191.2 	the consent will be provided to the community mental health center, county mental health 
191.3 	division, or provider within 72 hours of the release of the data.
191.4 	For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty 
191.5 	criminal calendar of the Hennepin County District Court for defendants with mental illness 
191.6 	and brain injury where a primary goal of the calendar is to assess the treatment needs of the 
191.7 	defendants and to incorporate those treatment needs into voluntary case disposition plans. 
191.8 	The data released pursuant to this paragraph may be used for the sole purpose of determining 
191.9 	whether the person is eligible for participation in mental health court. This paragraph does 
191.10 	not in any way limit or otherwise extend the rights of the court to obtain the release of mental 
191.11 	health data pursuant to court order or any other means allowed by law.

191.12 	Sec. 3. Minnesota Statutes 2020, section 144.294, subdivision 2, is amended to read:
191.13 		Subd. 2.Disclosure to law enforcement agency. Notwithstanding section 144.293, 
191.14 	subdivisions 2 and 4, a provider must disclose health records relating to a patient's mental 
191.15 	health to a law enforcement agency if the law enforcement agency provides the name of 
191.16 	the patient and communicates that the:
191.17 	(1) patient is currently involved in an emergency interaction with a mental health crisis 
191.18 	as defined in section 256B.0624, subdivision 2, paragraph (j), to which the law enforcement 
191.19 	agency has responded; and
191.20 	(2) disclosure of the records is necessary to protect the health or safety of the patient or 
191.21 	of another person.
191.22 	The scope of disclosure under this subdivision is limited to the minimum necessary for 
191.23 	law enforcement to safely respond to the emergency mental health crisis. The disclosure 
191.24 	may include the name and telephone number of the psychiatrist, psychologist, therapist, 
191.25 	mental health professional, practitioner, or case manager of the patient, if known; and 
191.26 	strategies to address the mental health crisis. A law enforcement agency that obtains health 
191.27 	records under this subdivision shall maintain a record of the requestor, the provider of the 
191.28 	information, and the patient's name. Health records obtained by a law enforcement agency 
191.29 	under this subdivision are private data on individuals as defined in section 13.02, subdivision 
191.30 	12, and must not be used by law enforcement for any other purpose. A law enforcement 
191.31 	agency that obtains health records under this subdivision shall inform the patient that health 
191.32 	records were obtained.

192.1 	Sec. 4. Minnesota Statutes 2021 Supplement, section 245.4889, subdivision 1, is amended 
192.2 	to read:
192.3 		Subdivision 1.Establishment and authority. (a) The commissioner is authorized to 
192.4 	make grants from available appropriations to assist:
192.5 	(1) counties;
192.6 	(2) Indian tribes;
192.7 	(3) children's collaboratives under section 124D.23 or 245.493; or
192.8 	(4) mental health service providers.
192.9 	(b) The following services are eligible for grants under this section:
192.10 	(1) services to children with emotional disturbances as defined in section 245.4871, 
192.11 	subdivision 15, and their families;
192.12 	(2) transition services under section 245.4875, subdivision 8, for young adults under 
192.13 	age 21 and their families;
192.14 	(3) respite care services for children with emotional disturbances or severe emotional 
192.15 	disturbances who are at risk of out-of-home placement or already in out-of-home placement 
192.16 	in family foster settings as defined in chapter 245A and at risk of change in out-of-home 
192.17 	placement or placement in a residential facility or other higher level of care. Allowable 
192.18 	activities and expenses for respite care services are defined under subdivision 4. A child is 
192.19 	not required to have case management services to receive respite care services;
192.20 	(4) children's mental health crisis services;
192.21 	(5) mental health services for people from cultural and ethnic minorities, including 
192.22 	supervision of clinical trainees who are Black, indigenous, or people of color;
192.23 	(6) children's mental health screening and follow-up diagnostic assessment and treatment;
192.24 	(7) services to promote and develop the capacity of providers to use evidence-based 
192.25 	practices in providing children's mental health services;
192.26 	(8) school-linked mental health services under section 245.4901;
192.27 	(9) building evidence-based mental health intervention capacity for children birth to age 
192.28 	five;
192.29 	(10) suicide prevention and counseling services that use text messaging statewide;
192.30 	(11) mental health first aid training;
193.1 	(12) training for parents, collaborative partners, and mental health providers on the 
193.2 	impact of adverse childhood experiences and trauma and development of an interactive 
193.3 	website to share information and strategies to promote resilience and prevent trauma;
193.4 	(13) transition age services to develop or expand mental health treatment and supports 
193.5 	for adolescents and young adults 26 years of age or younger;
193.6 	(14) early childhood mental health consultation;
193.7 	(15) evidence-based interventions for youth at risk of developing or experiencing a first 
193.8 	episode of psychosis, and a public awareness campaign on the signs and symptoms of 
193.9 	psychosis;
193.10 	(16) psychiatric consultation for primary care practitioners; and
193.11 	(17) providers to begin operations and meet program requirements when establishing a 
193.12 	new children's mental health program. These may be start-up grants.
193.13 	(c) Services under paragraph (b) must be designed to help each child to function and 
193.14 	remain with the child's family in the community and delivered consistent with the child's 
193.15 	treatment plan. Transition services to eligible young adults under this paragraph must be 
193.16 	designed to foster independent living in the community.
193.17 	(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party 
193.18 	reimbursement sources, if applicable.

193.19 	EFFECTIVE DATE. This section is effective July 1, 2022.

193.20 	Sec. 5. Minnesota Statutes 2020, section 245.4889, is amended by adding a subdivision 
193.21 	to read:
193.22 		Subd. 4.Respite care services. Respite care services under subdivision 1, paragraph 
193.23 	(b), clause (3), include hourly or overnight stays at a licensed foster home or with a qualified 
193.24 	and approved family member or friend and may occur at a child's or provider's home. Respite 
193.25 	care services may also include the following activities and expenses:
193.26 	(1) recreational, sport, and nonsport extracurricular activities and programs for the child 
193.27 	including camps, clubs, lessons, group outings, sports, or other activities and programs;
193.28 	(2) family activities, camps, and retreats that the family does together and provide a 
193.29 	break from the family's circumstance;
194.1 	(3) cultural programs and activities for the child and family designed to address the 
194.2 	unique needs of individuals who share a common language, racial, ethnic, or social 
194.3 	background; and
194.4 	(4) costs of transportation, food, supplies, and equipment directly associated with 
194.5 	approved respite care services and expenses necessary for the child and family to access 
194.6 	and participate in respite care services.

194.7 	EFFECTIVE DATE. This section is effective July 1, 2022.

194.8 	Sec. 6. Minnesota Statutes 2020, section 245.713, subdivision 2, is amended to read:
194.9 		Subd. 2.Total funds available; allocation. Funds granted to the state by the federal 
194.10 	government under United States Code, title 42, sections 300X to 300X-9 each federal fiscal 
194.11 	year for mental health services must be allocated as follows:
194.12 	(a) Any amount set aside by the commissioner of human services for American Indian 
194.13 	organizations within the state, which funds shall not duplicate any direct federal funding of 
194.14 	American Indian organizations and which funds shall be at least 25 percent of the total 
194.15 	federal allocation to the state for mental health services; provided that sufficient applications 
194.16 	for funding are received by the commissioner which meet the specifications contained in 
194.17 	requests for proposals. Money from this source may be used for special committees to advise 
194.18 	the commissioner on mental health programs and services for American Indians and other 
194.19 	minorities or underserved groups. For purposes of this subdivision, "American Indian 
194.20 	organization" means an American Indian tribe or band or an organization providing mental 
194.21 	health services that is legally incorporated as a nonprofit organization registered with the 
194.22 	secretary of state and governed by a board of directors having at least a majority of American 
194.23 	Indian directors.
194.24 	(b) An amount not to exceed five percent of the federal block grant allocation for mental 
194.25 	health services to be retained by the commissioner for administration.
194.26 	(c) Any amount permitted under federal law which the commissioner approves for 
194.27 	demonstration or research projects for severely disturbed children and adolescents, the 
194.28 	underserved, special populations or multiply disabled mentally ill persons. The groups to 
194.29 	be served, the extent and nature of services to be provided, the amount and duration of any 
194.30 	grant awards are to be based on criteria set forth in the Alcohol, Drug Abuse and Mental 
194.31 	Health Block Grant Law, United States Code, title 42, sections 300X to 300X-9, and on 
194.32 	state policies and procedures determined necessary by the commissioner. Grant recipients 
194.33 	must comply with applicable state and federal requirements and demonstrate fiscal and 
195.1 	program management capabilities that will result in provision of quality, cost-effective 
195.2 	services.
195.3 	(d) The amount required under federal law, for federally mandated expenditures.
195.4 	(e) An amount not to exceed 15 percent of the federal block grant allocation for mental 
195.5 	health services to be retained by the commissioner for planning and evaluation.

195.6 	EFFECTIVE DATE. This section is effective July 1, 2022.

195.7 	Sec. 7. Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 5m, is 
195.8 	amended to read:
195.9 		Subd. 5m.Certified community behavioral health clinic services. (a) Medical 
195.10 	assistance covers services provided by a not-for-profit certified community behavioral health 
195.11 	clinic (CCBHC) services that meet meets the requirements of section 245.735, subdivision 
195.12 	3.
195.13 	(b) The commissioner shall reimburse CCBHCs on a per-visit per-day basis under the 
195.14 	prospective payment for each day that an eligible service is delivered using the CCBHC 
195.15 	daily bundled rate system for medical assistance payments as described in paragraph (c). 
195.16 	The commissioner shall include a quality incentive payment in the prospective payment
195.17 	CCBHC daily bundled rate system as described in paragraph (e). There is no county share 
195.18 	for medical assistance services when reimbursed through the CCBHC prospective payment
195.19 	daily bundled rate system.
195.20 	(c) The commissioner shall ensure that the prospective payment CCBHC daily bundled 
195.21 	rate system for CCBHC payments under medical assistance meets the following requirements:
195.22 	(1) the prospective payment CCBHC daily bundled rate shall be a provider-specific rate 
195.23 	calculated for each CCBHC, based on the daily cost of providing CCBHC services and the 
195.24 	total annual allowable CCBHC costs for CCBHCs divided by the total annual number of 
195.25 	CCBHC visits. For calculating the payment rate, total annual visits include visits covered 
195.26 	by medical assistance and visits not covered by medical assistance. Allowable costs include 
195.27 	but are not limited to the salaries and benefits of medical assistance providers; the cost of 
195.28 	CCBHC services provided under section 245.735, subdivision 3, paragraph (a), clauses (6) 
195.29 	and (7); and other costs such as insurance or supplies needed to provide CCBHC services;
195.30 	(2) payment shall be limited to one payment per day per medical assistance enrollee for 
195.31 	each when an eligible CCBHC visit eligible for reimbursement service is provided. A 
195.32 	CCBHC visit is eligible for reimbursement if at least one of the CCBHC services listed 
195.33 	under section 245.735, subdivision 3, paragraph (a), clause (6), is furnished to a medical 
196.1 	assistance enrollee by a health care practitioner or licensed agency employed by or under 
196.2 	contract with a CCBHC;
196.3 	(3) new payment initial CCBHC daily bundled rates set by the commissioner for newly 
196.4 	certified CCBHCs under section 245.735, subdivision 3, shall be based on rates for 
196.5 	established CCBHCs with a similar scope of services. If no comparable CCBHC exists, the 
196.6 	commissioner shall establish a clinic-specific rate using audited historical cost report data 
196.7 	adjusted for the estimated cost of delivering CCBHC services, including the estimated cost 
196.8 	of providing the full scope of services and the projected change in visits resulting from the 
196.9 	change in scope established by the commissioner using a provider-specific rate based on 
196.10 	the newly certified CCBHC's audited historical cost report data adjusted for the expected 
196.11 	cost of delivering CCBHC services. Estimates are subject to review by the commissioner 
196.12 	and must include the expected cost of providing the full scope of CCBHC services and the 
196.13 	expected number of visits for the rate period;
196.14 	(4) the commissioner shall rebase CCBHC rates once every three years following the 
196.15 	last rebasing and no less than 12 months following an initial rate or a rate change due to a 
196.16 	change in the scope of services;
196.17 	(5) the commissioner shall provide for a 60-day appeals process after notice of the results 
196.18 	of the rebasing;
196.19 	(6) the prospective payment CCBHC daily bundled rate under this section does not apply 
196.20 	to services rendered by CCBHCs to individuals who are dually eligible for Medicare and 
196.21 	medical assistance when Medicare is the primary payer for the service. An entity that receives 
196.22 	a prospective paymentCCBHC daily bundled rate system rate that overlaps with the CCBHC 
196.23 	rate is not eligible for the CCBHC rate;
196.24 	(7) payments for CCBHC services to individuals enrolled in managed care shall be 
196.25 	coordinated with the state's phase-out of CCBHC wrap payments. The commissioner shall 
196.26 	complete the phase-out of CCBHC wrap payments within 60 days of the implementation 
196.27 	of the prospective paymentCCBHC daily bundled rate system in the Medicaid Management 
196.28 	Information System (MMIS), for CCBHCs reimbursed under this chapter, with a final 
196.29 	settlement of payments due made payable to CCBHCs no later than 18 months thereafter;
196.30 	(8) the prospective payment CCBHC daily bundled rate for each CCBHC shall be updated 
196.31 	by trending each provider-specific rate by the Medicare Economic Index for primary care 
196.32 	services. This update shall occur each year in between rebasing periods determined by the 
196.33 	commissioner in accordance with clause (4). CCBHCs must provide data on costs and visits 
196.34 	to the state annually using the CCBHC cost report established by the commissioner; and
197.1 	(9) a CCBHC may request a rate adjustment for changes in the CCBHC's scope of 
197.2 	services when such changes are expected to result in an adjustment to the CCBHC payment 
197.3 	rate by 2.5 percent or more. The CCBHC must provide the commissioner with information 
197.4 	regarding the changes in the scope of services, including the estimated cost of providing 
197.5 	the new or modified services and any projected increase or decrease in the number of visits 
197.6 	resulting from the change. Estimated costs are subject to review by the commissioner. Rate 
197.7 	adjustments for changes in scope shall occur no more than once per year in between rebasing 
197.8 	periods per CCBHC and are effective on the date of the annual CCBHC rate update.
197.9 	(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC 
197.10 	providers at the prospective payment CCBHC daily bundled rate. The commissioner shall 
197.11 	monitor the effect of this requirement on the rate of access to the services delivered by 
197.12 	CCBHC providers. If, for any contract year, federal approval is not received for this 
197.13 	paragraph, the commissioner must adjust the capitation rates paid to managed care plans 
197.14 	and county-based purchasing plans for that contract year to reflect the removal of this 
197.15 	provision. Contracts between managed care plans and county-based purchasing plans and 
197.16 	providers to whom this paragraph applies must allow recovery of payments from those 
197.17 	providers if capitation rates are adjusted in accordance with this paragraph. Payment 
197.18 	recoveries must not exceed the amount equal to any increase in rates that results from this 
197.19 	provision. This paragraph expires if federal approval is not received for this paragraph at 
197.20 	any time.
197.21 	(e) The commissioner shall implement a quality incentive payment program for CCBHCs 
197.22 	that meets the following requirements:
197.23 	(1) a CCBHC shall receive a quality incentive payment upon meeting specific numeric 
197.24 	thresholds for performance metrics established by the commissioner, in addition to payments 
197.25 	for which the CCBHC is eligible under the prospective payment CCBHC daily bundled 
197.26 	rate system described in paragraph (c);
197.27 	(2) a CCBHC must be certified and enrolled as a CCBHC for the entire measurement 
197.28 	year to be eligible for incentive payments;
197.29 	(3) each CCBHC shall receive written notice of the criteria that must be met in order to 
197.30 	receive quality incentive payments at least 90 days prior to the measurement year; and
197.31 	(4) a CCBHC must provide the commissioner with data needed to determine incentive 
197.32 	payment eligibility within six months following the measurement year. The commissioner 
197.33 	shall notify CCBHC providers of their performance on the required measures and the 
197.34 	incentive payment amount within 12 months following the measurement year.
198.1 	(f) All claims to managed care plans for CCBHC services as provided under this section 
198.2 	shall be submitted directly to, and paid by, the commissioner on the dates specified no later 
198.3 	than January 1 of the following calendar year, if:
198.4 	(1) one or more managed care plans does not comply with the federal requirement for 
198.5 	payment of clean claims to CCBHCs, as defined in Code of Federal Regulations, title 42, 
198.6 	section 447.45(b), and the managed care plan does not resolve the payment issue within 30 
198.7 	days of noncompliance; and
198.8 	(2) the total amount of clean claims not paid in accordance with federal requirements 
198.9 	by one or more managed care plans is 50 percent of, or greater than, the total CCBHC claims 
198.10 	eligible for payment by managed care plans.
198.11 	If the conditions in this paragraph are met between January 1 and June 30 of a calendar 
198.12 	year, claims shall be submitted to and paid by the commissioner beginning on January 1 of 
198.13 	the following year. If the conditions in this paragraph are met between July 1 and December 
198.14 	31 of a calendar year, claims shall be submitted to and paid by the commissioner beginning 
198.15 	on July 1 of the following year.

198.16 	Sec. 8. Minnesota Statutes 2020, section 256B.0941, is amended by adding a subdivision 
198.17 	to read:
198.18 		Subd. 2a.Sleeping hours. During normal sleeping hours, a psychiatric residential 
198.19 	treatment facility provider must provide at least one staff person for every six residents 
198.20 	present within a living unit. A provider must adjust sleeping-hour staffing levels based on 
198.21 	the clinical needs of the residents in the facility.

198.22 	Sec. 9. Minnesota Statutes 2021 Supplement, section 256B.0943, subdivision 1, is amended 
198.23 	to read:
198.24 		Subdivision 1.Definitions. For purposes of this section, the following terms have the 
198.25 	meanings given them.
198.26 	(a) "Children's therapeutic services and supports" means the flexible package of mental 
198.27 	health services for children who require varying therapeutic and rehabilitative levels of 
198.28 	intervention to treat a diagnosed emotional disturbance, as defined in section 245.4871, 
198.29 	subdivision 15, or a diagnosed mental illness, as defined in section 245.462, subdivision 
198.30 	20. The services are time-limited interventions that are delivered using various treatment 
198.31 	modalities and combinations of services designed to reach treatment outcomes identified 
198.32 	in the individual treatment plan.
199.1 	(b) "Clinical trainee" means a staff person who is qualified according to section 245I.04, 
199.2 	subdivision 6.
199.3 	(c) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.
199.4 	(d) "Culturally competent provider" means a provider who understands and can utilize 
199.5 	to a client's benefit the client's culture when providing services to the client. A provider 
199.6 	may be culturally competent because the provider is of the same cultural or ethnic group 
199.7 	as the client or the provider has developed the knowledge and skills through training and 
199.8 	experience to provide services to culturally diverse clients.
199.9 	(e) "Day treatment program" for children means a site-based structured mental health 
199.10 	program consisting of psychotherapy for three or more individuals and individual or group 
199.11 	skills training provided by a team, under the treatment supervision of a mental health 
199.12 	professional.
199.13 	(f) "Standard diagnostic assessment" means the assessment described in 245I.10, 
199.14 	subdivision 6.
199.15 	(g) "Direct service time" means the time that a mental health professional, clinical trainee, 
199.16 	mental health practitioner, or mental health behavioral aide spends face-to-face with a client 
199.17 	and the client's family or providing covered services through telehealth as defined under 
199.18 	section 256B.0625, subdivision 3b. Direct service time includes time in which the provider 
199.19 	obtains a client's history, develops a client's treatment plan, records individual treatment 
199.20 	outcomes, or provides service components of children's therapeutic services and supports. 
199.21 	Direct service time does not include time doing work before and after providing direct 
199.22 	services, including scheduling or maintaining clinical records.
199.23 	(h) "Direction of mental health behavioral aide" means the activities of a mental health 
199.24 	professional, clinical trainee, or mental health practitioner in guiding the mental health 
199.25 	behavioral aide in providing services to a client. The direction of a mental health behavioral 
199.26 	aide must be based on the client's individual treatment plan and meet the requirements in 
199.27 	subdivision 6, paragraph (b), clause (7).
199.28 	(i) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.
199.29 	(j) "Individual behavioral plan" means a plan of intervention, treatment, and services 
199.30 	for a child written by a mental health professional or a clinical trainee or mental health 
199.31 	practitioner under the treatment supervision of a mental health professional, to guide the 
199.32 	work of the mental health behavioral aide. The individual behavioral plan may be 
200.1 	incorporated into the child's individual treatment plan so long as the behavioral plan is 
200.2 	separately communicable to the mental health behavioral aide.
200.3 	(k) (j) "Individual treatment plan" means the plan described in section 245I.10, 
200.4 	subdivisions 7 and 8.
200.5 	(l) (k) "Mental health behavioral aide services" means medically necessary one-on-one 
200.6 	activities performed by a mental health behavioral aide qualified according to section 
200.7 	245I.04, subdivision 16, to assist a child retain or generalize psychosocial skills as previously 
200.8 	trained by a mental health professional, clinical trainee, or mental health practitioner and 
200.9 	as described in the child's individual treatment plan and individual behavior plan. Activities 
200.10 	involve working directly with the child or child's family as provided in subdivision 9, 
200.11 	paragraph (b), clause (4).
200.12 	(m) (l) "Mental health certified family peer specialist" means a staff person who is 
200.13 	qualified according to section 245I.04, subdivision 12.
200.14 	(n) (m) "Mental health practitioner" means a staff person who is qualified according to 
200.15 	section 245I.04, subdivision 4.
200.16 	(o) (n) "Mental health professional" means a staff person who is qualified according to 
200.17 	section 245I.04, subdivision 2.
200.18 	(p) (o) "Mental health service plan development" includes:
200.19 	(1) the development, review, and revision of a child's individual treatment plan, including 
200.20 	involvement of the client or client's parents, primary caregiver, or other person authorized 
200.21 	to consent to mental health services for the client, and including arrangement of treatment 
200.22 	and support activities specified in the individual treatment plan; and
200.23 	(2) administering and reporting the standardized outcome measurements in section 
200.24 	245I.10, subdivision 6, paragraph (d), clauses (3) and (4), and other standardized outcome 
200.25 	measurements approved by the commissioner, as periodically needed to evaluate the 
200.26 	effectiveness of treatment.
200.27 	(q) (p) "Mental illness," for persons at least age 18 but under age 21, has the meaning 
200.28 	given in section 245.462, subdivision 20, paragraph (a).
200.29 	(r) (q) "Psychotherapy" means the treatment described in section 256B.0671, subdivision 
200.30 	11.
200.31 	(s) (r) "Rehabilitative services" or "psychiatric rehabilitation services" means interventions 
200.32 	to: (1) restore a child or adolescent to an age-appropriate developmental trajectory that had 
201.1 	been disrupted by a psychiatric illness; or (2) enable the child to self-monitor, compensate 
201.2 	for, cope with, counteract, or replace psychosocial skills deficits or maladaptive skills 
201.3 	acquired over the course of a psychiatric illness. Psychiatric rehabilitation services for 
201.4 	children combine coordinated psychotherapy to address internal psychological, emotional, 
201.5 	and intellectual processing deficits, and skills training to restore personal and social 
201.6 	functioning. Psychiatric rehabilitation services establish a progressive series of goals with 
201.7 	each achievement building upon a prior achievement.
201.8 	(t) (s) "Skills training" means individual, family, or group training, delivered by or under 
201.9 	the supervision of a mental health professional, designed to facilitate the acquisition of 
201.10 	psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate 
201.11 	developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child 
201.12 	to self-monitor, compensate for, cope with, counteract, or replace skills deficits or 
201.13 	maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject 
201.14 	to the service delivery requirements under subdivision 9, paragraph (b), clause (2).
201.15 	(u) (t) "Treatment supervision" means the supervision described in section 245I.06.

201.16 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
201.17 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
201.18 	when federal approval is obtained.

201.19 	Sec. 10. Minnesota Statutes 2021 Supplement, section 256B.0943, subdivision 3, is 
201.20 	amended to read:
201.21 		Subd. 3.Determination of client eligibility. (a) A client's eligibility to receive children's 
201.22 	therapeutic services and supports under this section shall be determined based on a standard 
201.23 	diagnostic assessment by a mental health professional or a clinical trainee that is performed 
201.24 	within one year before the initial start of service. The standard diagnostic assessment must:
201.25 	(1) determine whether a child under age 18 has a diagnosis of emotional disturbance or, 
201.26 	if the person is between the ages of 18 and 21, whether the person has a mental illness;
201.27 	(2) document children's therapeutic services and supports as medically necessary to 
201.28 	address an identified disability, functional impairment, and the individual client's needs and 
201.29 	goals; and
201.30 	(3) be used in the development of the individual treatment plan.
201.31 	(b) Notwithstanding paragraph (a), a client may be determined to be eligible for up to 
201.32 	five days of day treatment under this section based on a hospital's medical history and 
201.33 	presentation examination of the client.
202.1 	(c) Children's therapeutic services and supports include development and rehabilitative 
202.2 	services that support a child's developmental treatment needs.

202.3 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
202.4 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
202.5 	when federal approval is obtained.

202.6 	Sec. 11. Minnesota Statutes 2021 Supplement, section 256B.0943, subdivision 4, is 
202.7 	amended to read:
202.8 		Subd. 4.Provider entity certification. (a) The commissioner shall establish an initial 
202.9 	provider entity application and certification process and recertification process to determine 
202.10 	whether a provider entity has an administrative and clinical infrastructure that meets the 
202.11 	requirements in subdivisions 5 and 6. A provider entity must be certified for the three core 
202.12 	rehabilitation services of psychotherapy, skills training, and crisis planning. The 
202.13 	commissioner shall recertify a provider entity at least every three years using the individual 
202.14 	provider's certification anniversary or the calendar year end, whichever is later. The 
202.15 	commissioner may approve a recertification extension, in the interest of sustaining services, 
202.16 	when a certain date for recertification is identified. The commissioner shall establish a 
202.17 	process for decertification of a provider entity and shall require corrective action, medical 
202.18 	assistance repayment, or decertification of a provider entity that no longer meets the 
202.19 	requirements in this section or that fails to meet the clinical quality standards or administrative 
202.20 	standards provided by the commissioner in the application and certification process.
202.21 	(b) The commissioner must provide the following to providers for the certification, 
202.22 	recertification, and decertification processes:
202.23 	(1) a structured listing of required provider certification criteria;
202.24 	(2) a formal written letter with a determination of certification, recertification, or 
202.25 	decertification, signed by the commissioner or the appropriate division director; and
202.26 	(3) a formal written communication outlining the process for necessary corrective action 
202.27 	and follow-up by the commissioner, if applicable.
202.28 	(b) (c) For purposes of this section, a provider entity must meet the standards in this 
202.29 	section and chapter 245I, as required under section 245I.011, subdivision 5, and be:
202.30 	(1) an Indian health services facility or a facility owned and operated by a tribe or tribal 
202.31 	organization operating as a 638 facility under Public Law 93-638 certified by the state;
202.32 	(2) a county-operated entity certified by the state; or
203.1 	(3) a noncounty entity certified by the state.

203.2 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
203.3 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
203.4 	when federal approval is obtained.

203.5 	Sec. 12. Minnesota Statutes 2021 Supplement, section 256B.0943, subdivision 6, is 
203.6 	amended to read:
203.7 		Subd. 6.Provider entity clinical infrastructure requirements. (a) To be an eligible 
203.8 	provider entity under this section, a provider entity must have a clinical infrastructure that 
203.9 	utilizes diagnostic assessment, individual treatment plans, service delivery, and individual 
203.10 	treatment plan review that are culturally competent, child-centered, and family-driven to 
203.11 	achieve maximum benefit for the client. The provider entity must review, and update as 
203.12 	necessary, the clinical policies and procedures every three years, must distribute the policies 
203.13 	and procedures to staff initially and upon each subsequent update, and must train staff 
203.14 	accordingly.
203.15 	(b) The clinical infrastructure written policies and procedures must include policies and 
203.16 	procedures for meeting the requirements in this subdivision:
203.17 	(1) providing or obtaining a client's standard diagnostic assessment, including a standard 
203.18 	diagnostic assessment. When required components of the standard diagnostic assessment 
203.19 	are not provided in an outside or independent assessment or cannot be attained immediately, 
203.20 	the provider entity must determine the missing information within 30 days and amend the 
203.21 	child's standard diagnostic assessment or incorporate the information into the child's 
203.22 	individual treatment plan;
203.23 	(2) developing an individual treatment plan;
203.24 	(3) developing an individual behavior plan that documents and describes interventions 
203.25 	to be provided by the mental health behavioral aide. The individual behavior plan must 
203.26 	include:
203.27 	(i) detailed instructions on the psychosocial skills to be practiced;
203.28 	(ii) time allocated to each intervention;
203.29 	(iii) methods of documenting the child's behavior;
203.30 	(iv) methods of monitoring the child's progress in reaching objectives; and
203.31 	(v) goals to increase or decrease targeted behavior as identified in the individual treatment 
203.32 	plan;
204.1 	(4) (3) providing treatment supervision plans for staff according to section 245I.06. 
204.2 	Treatment supervision does not include the authority to make or terminate court-ordered 
204.3 	placements of the child. A treatment supervisor must be available for urgent consultation 
204.4 	as required by the individual client's needs or the situation;
204.5 	(5) meeting day treatment program conditions in items (i) and (ii):
204.6 	(i) the treatment supervisor must be present and available on the premises more than 50 
204.7 	percent of the time in a provider's standard working week during which the supervisee is 
204.8 	providing a mental health service; and
204.9 	(ii) every 30 days, the treatment supervisor must review and sign the record indicating 
204.10 	the supervisor has reviewed the client's care for all activities in the preceding 30-day period;
204.11 	(6) meeting the treatment supervision standards in items (i) and (ii) for all other services 
204.12 	provided under CTSS:
204.13 	(i) the mental health professional is required to be present at the site of service delivery 
204.14 	for observation as clinically appropriate when the clinical trainee, mental health practitioner, 
204.15 	or mental health behavioral aide is providing CTSS services; and
204.16 	(ii) when conducted, the on-site presence of the mental health professional must be 
204.17 	documented in the child's record and signed by the mental health professional who accepts 
204.18 	full professional responsibility;
204.19 	(7) providing direction to a mental health behavioral aide. For entities that employ mental 
204.20 	health behavioral aides, the treatment supervisor must be employed by the provider entity 
204.21 	or other provider certified to provide mental health behavioral aide services to ensure 
204.22 	necessary and appropriate oversight for the client's treatment and continuity of care. The 
204.23 	staff giving direction must begin with the goals on the individual treatment plan, and instruct 
204.24 	the mental health behavioral aide on how to implement therapeutic activities and interventions 
204.25 	that will lead to goal attainment. The staff giving direction must also instruct the mental 
204.26 	health behavioral aide about the client's diagnosis, functional status, and other characteristics 
204.27 	that are likely to affect service delivery. Direction must also include determining that the 
204.28 	mental health behavioral aide has the skills to interact with the client and the client's family 
204.29 	in ways that convey personal and cultural respect and that the aide actively solicits 
204.30 	information relevant to treatment from the family. The aide must be able to clearly explain 
204.31 	or demonstrate the activities the aide is doing with the client and the activities' relationship 
204.32 	to treatment goals. Direction is more didactic than is supervision and requires the staff 
204.33 	providing it to continuously evaluate the mental health behavioral aide's ability to carry out 
205.1 	the activities of the individual treatment plan and the individual behavior plan. When 
205.2 	providing direction, the staff must:
205.3 	(i) review progress notes prepared by the mental health behavioral aide for accuracy and 
205.4 	consistency with diagnostic assessment, treatment plan, and behavior goals and the staff 
205.5 	must approve and sign the progress notes;
205.6 	(ii) identify changes in treatment strategies, revise the individual behavior plan, and 
205.7 	communicate treatment instructions and methodologies as appropriate to ensure that treatment 
205.8 	is implemented correctly;
205.9 	(iii) demonstrate family-friendly behaviors that support healthy collaboration among 
205.10 	the child, the child's family, and providers as treatment is planned and implemented;
205.11 	(iv) ensure that the mental health behavioral aide is able to effectively communicate 
205.12 	with the child, the child's family, and the provider;
205.13 	(v) record the results of any evaluation and corrective actions taken to modify the work 
205.14 	of the mental health behavioral aide; and
205.15 	(vi) ensure (4) requiring a mental health professional to determine the level of supervision 
205.16 	for a behavioral health aide and to document and sign the supervision determination in the 
205.17 	behavioral health aide's supervision plan;
205.18 	(5) ensuring the immediate accessibility of a mental health professional, clinical trainee, 
205.19 	or mental health practitioner to the behavioral aide during service delivery;
205.20 	(8) (6) providing service delivery that implements the individual treatment plan and 
205.21 	meets the requirements under subdivision 9; and
205.22 	(9) (7) individual treatment plan review. The review must determine the extent to which 
205.23 	the services have met each of the goals and objectives in the treatment plan. The review 
205.24 	must assess the client's progress and ensure that services and treatment goals continue to 
205.25 	be necessary and appropriate to the client and the client's family or foster family.

205.26 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
205.27 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
205.28 	when federal approval is obtained.

205.29 	Sec. 13. Minnesota Statutes 2021 Supplement, section 256B.0943, subdivision 7, is 
205.30 	amended to read:
205.31 		Subd. 7.Qualifications of individual and team providers. (a) An individual or team 
205.32 	provider working within the scope of the provider's practice or qualifications may provide 
206.1 	service components of children's therapeutic services and supports that are identified as 
206.2 	medically necessary in a client's individual treatment plan.
206.3 	(b) An individual provider must be qualified as a:
206.4 	(1) mental health professional;
206.5 	(2) clinical trainee;
206.6 	(3) mental health practitioner;
206.7 	(4) mental health certified family peer specialist; or
206.8 	(5) mental health behavioral aide.
206.9 	(c) A day treatment team must include at least one mental health professional or clinical 
206.10 	trainee and one mental health practitioner.

206.11 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
206.12 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
206.13 	when federal approval is obtained.

206.14 	Sec. 14. Minnesota Statutes 2021 Supplement, section 256B.0943, subdivision 9, is 
206.15 	amended to read:
206.16 		Subd. 9.Service delivery criteria. (a) In delivering services under this section, a certified 
206.17 	provider entity must ensure that:
206.18 	(1) the provider's caseload size should reasonably enable the provider to play an active 
206.19 	role in service planning, monitoring, and delivering services to meet the client's and client's 
206.20 	family's needs, as specified in each client's individual treatment plan;
206.21 	(2) site-based programs, including day treatment programs, provide staffing and facilities 
206.22 	to ensure the client's health, safety, and protection of rights, and that the programs are able 
206.23 	to implement each client's individual treatment plan; and
206.24 	(3) a day treatment program is provided to a group of clients by a team under the treatment 
206.25 	supervision of a mental health professional. The day treatment program must be provided 
206.26 	in and by: (i) an outpatient hospital accredited by the Joint Commission on Accreditation 
206.27 	of Health Organizations and licensed under sections 144.50 to 144.55; (ii) a community 
206.28 	mental health center under section 245.62; or (iii) an entity that is certified under subdivision 
206.29 	4 to operate a program that meets the requirements of section 245.4884, subdivision 2, and 
206.30 	Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must stabilize 
206.31 	the client's mental health status while developing and improving the client's independent 
207.1 	living and socialization skills. The goal of the day treatment program must be to reduce or 
207.2 	relieve the effects of mental illness and provide training to enable the client to live in the 
207.3 	community. The program must be available year-round at least three to five days per week, 
207.4 	two or three hours per day, unless the normal five-day school week is shortened by a holiday, 
207.5 	weather-related cancellation, or other districtwide reduction in a school week. A child 
207.6 	transitioning into or out of day treatment must receive a minimum treatment of one day a 
207.7 	week for a two-hour time block. The two-hour time block must include at least one hour of 
207.8 	patient and/or family or group psychotherapy. The remainder of the structured treatment 
207.9 	program may include patient and/or family or group psychotherapy, and individual or group 
207.10 	skills training, if included in the client's individual treatment plan. Day treatment programs 
207.11 	are not part of inpatient or residential treatment services. When a day treatment group that 
207.12 	meets the minimum group size requirement temporarily falls below the minimum group 
207.13 	size because of a member's temporary absence, medical assistance covers a group session 
207.14 	conducted for the group members in attendance. A day treatment program may provide 
207.15 	fewer than the minimally required hours for a particular child during a billing period in 
207.16 	which the child is transitioning into, or out of, the program.
207.17 	(b) To be eligible for medical assistance payment, a provider entity must deliver the 
207.18 	service components of children's therapeutic services and supports in compliance with the 
207.19 	following requirements:
207.20 	(1) psychotherapy to address the child's underlying mental health disorder must be 
207.21 	documented as part of the child's ongoing treatment. A provider must deliver, or arrange 
207.22 	for, medically necessary psychotherapy, unless the child's parent or caregiver chooses not 
207.23 	to receive it or the provider determines that psychotherapy is no longer medically necessary. 
207.24 	When a provider determines that psychotherapy is no longer medically necessary, the 
207.25 	provider must update required documentation, including but not limited to the individual 
207.26 	treatment plan, the child's medical record, or other authorizations, to include the 
207.27 	determination. When a provider delivering other services to a child under this section deems 
207.28 	it not medically necessary to provide psychotherapy to the child for a period of 90 days or 
207.29 	longer, the provider entity must document the medical reasons why psychotherapy is not 
207.30 	necessary. When a provider determines that a child needs psychotherapy but psychotherapy 
207.31 	cannot be delivered due to a shortage of licensed mental health professionals in the child's 
207.32 	community, the provider must document the lack of access in the child's medical record;
207.33 	(2) individual, family, or group skills training is subject to the following requirements:
207.34 	(i) a mental health professional, clinical trainee, or mental health practitioner shall provide 
207.35 	skills training;
208.1 	(ii) skills training delivered to a child or the child's family must be targeted to the specific 
208.2 	deficits or maladaptations of the child's mental health disorder and must be prescribed in 
208.3 	the child's individual treatment plan;
208.4 	(iii) the mental health professional delivering or supervising the delivery of skills training 
208.5 	must document any underlying psychiatric condition and must document how skills training 
208.6 	is being used in conjunction with psychotherapy to address the underlying condition;
208.7 	(iv) skills training delivered to the child's family must teach skills needed by parents to 
208.8 	enhance the child's skill development, to help the child utilize daily life skills taught by a 
208.9 	mental health professional, clinical trainee, or mental health practitioner, and to develop or 
208.10 	maintain a home environment that supports the child's progressive use of skills;
208.11 	(v) (iii) group skills training may be provided to multiple recipients who, because of the 
208.12 	nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from 
208.13 	interaction in a group setting, which must be staffed as follows:
208.14 	(A) one mental health professional, clinical trainee, or mental health practitioner must 
208.15 	work with a group of three to eight clients; or
208.16 	(B) any combination of two mental health professionals, clinical trainees, or mental 
208.17 	health practitioners must work with a group of nine to 12 clients;
208.18 	(vi) (iv) a mental health professional, clinical trainee, or mental health practitioner must 
208.19 	have taught the psychosocial skill before a mental health behavioral aide may practice that 
208.20 	skill with the client; and
208.21 	(vii) (v) for group skills training, when a skills group that meets the minimum group 
208.22 	size requirement temporarily falls below the minimum group size because of a group 
208.23 	member's temporary absence, the provider may conduct the session for the group members 
208.24 	in attendance;
208.25 	(3) crisis planning to a child and family must include development of a written plan that 
208.26 	anticipates the particular factors specific to the child that may precipitate a psychiatric crisis 
208.27 	for the child in the near future. The written plan must document actions that the family 
208.28 	should be prepared to take to resolve or stabilize a crisis, such as advance arrangements for 
208.29 	direct intervention and support services to the child and the child's family. Crisis planning 
208.30 	must include preparing resources designed to address abrupt or substantial changes in the 
208.31 	functioning of the child or the child's family when sudden change in behavior or a loss of 
208.32 	usual coping mechanisms is observed, or the child begins to present a danger to self or 
208.33 	others;
209.1 	(4) mental health behavioral aide services must be medically necessary treatment services, 
209.2 	identified in the child's individual treatment plan and individual behavior plan, and which 
209.3 	are designed to improve the functioning of the child in the progressive use of developmentally 
209.4 	appropriate psychosocial skills. Activities involve working directly with the child, child-peer 
209.5 	groupings, or child-family groupings to practice, repeat, reintroduce, and master the skills 
209.6 	defined in subdivision 1, paragraph (t), as previously taught by a mental health professional, 
209.7 	clinical trainee, or mental health practitioner including:.
209.8 	(i) providing cues or prompts in skill-building peer-to-peer or parent-child interactions 
209.9 	so that the child progressively recognizes and responds to the cues independently;
209.10 	(ii) performing as a practice partner or role-play partner;
209.11 	(iii) reinforcing the child's accomplishments;
209.12 	(iv) generalizing skill-building activities in the child's multiple natural settings;
209.13 	(v) assigning further practice activities; and
209.14 	(vi) intervening as necessary to redirect the child's target behavior and to de-escalate 
209.15 	behavior that puts the child or other person at risk of injury.
209.16 	To be eligible for medical assistance payment, mental health behavioral aide services must 
209.17 	be delivered to a child who has been diagnosed with an emotional disturbance or a mental 
209.18 	illness, as provided in subdivision 1, paragraph (a). The mental health behavioral aide must 
209.19 	implement treatment strategies in the individual treatment plan and the individual behavior 
209.20 	plan as developed by the mental health professional, clinical trainee, or mental health 
209.21 	practitioner providing direction for the mental health behavioral aide. The mental health 
209.22 	behavioral aide must document the delivery of services in written progress notes. Progress 
209.23 	notes must reflect implementation of the treatment strategies, as performed by the mental 
209.24 	health behavioral aide and the child's responses to the treatment strategies; and
209.25 	(5) mental health service plan development must be performed in consultation with the 
209.26 	child's family and, when appropriate, with other key participants in the child's life by the 
209.27 	child's treating mental health professional or clinical trainee or by a mental health practitioner 
209.28 	and approved by the treating mental health professional. Treatment plan drafting consists 
209.29 	of development, review, and revision by face-to-face or electronic communication. The 
209.30 	provider must document events, including the time spent with the family and other key 
209.31 	participants in the child's life to approve the individual treatment plan. Medical assistance 
209.32 	covers service plan development before completion of the child's individual treatment plan. 
209.33 	Service plan development is covered only if a treatment plan is completed for the child. If 
210.1 	upon review it is determined that a treatment plan was not completed for the child, the 
210.2 	commissioner shall recover the payment for the service plan development.

210.3 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
210.4 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
210.5 	when federal approval is obtained.

210.6 	Sec. 15. Minnesota Statutes 2021 Supplement, section 256B.0943, subdivision 11, is 
210.7 	amended to read:
210.8 		Subd. 11.Documentation and billing. (a) A provider entity must document the services 
210.9 	it provides under this section. The provider entity must ensure that documentation complies 
210.10 	with Minnesota Rules, parts 9505.2175 and 9505.2197. Services billed under this section 
210.11 	that are not documented according to this subdivision shall be subject to monetary recovery 
210.12 	by the commissioner. Billing for covered service components under subdivision 2, paragraph 
210.13 	(b), must not include anything other than direct service time.
210.14 	(b) Required documentation must be completed for each individual provider and service 
210.15 	modality for each day a child receives a service under subdivision 2, paragraph (b).

210.16 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
210.17 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
210.18 	when federal approval is obtained.

210.19 	Sec. 16. Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 2, is 
210.20 	amended to read:
210.21 		Subd. 2.Definitions. For purposes of this section, the following terms have the meanings 
210.22 	given them.
210.23 	(a) "Intensive nonresidential rehabilitative mental health services" means child 
210.24 	rehabilitative mental health services as defined in section 256B.0943, except that these 
210.25 	services are provided by a multidisciplinary staff using a total team approach consistent 
210.26 	with assertive community treatment, as adapted for youth, and are directed to recipients 
210.27 	who are eight years of age or older and under 26 21 years of age who require intensive 
210.28 	services to prevent admission to an inpatient psychiatric hospital or placement in a residential 
210.29 	treatment facility or who require intensive services to step down from inpatient or residential 
210.30 	care to community-based care.
211.1 	(b) "Co-occurring mental illness and substance use disorder" means a dual diagnosis of 
211.2 	at least one form of mental illness and at least one substance use disorder. Substance use 
211.3 	disorders include alcohol or drug abuse or dependence, excluding nicotine use.
211.4 	(c) "Standard diagnostic assessment" means the assessment described in section 245I.10, 
211.5 	subdivision 6.
211.6 	(d) "Medication education services" means services provided individually or in groups, 
211.7 	which focus on:
211.8 	(1) educating the client and client's family or significant nonfamilial supporters about 
211.9 	mental illness and symptoms;
211.10 	(2) the role and effects of medications in treating symptoms of mental illness; and
211.11 	(3) the side effects of medications.
211.12 	Medication education is coordinated with medication management services and does not 
211.13 	duplicate it. Medication education services are provided by physicians, pharmacists, or 
211.14 	registered nurses with certification in psychiatric and mental health care.
211.15 	(e) "Mental health professional" means a staff person who is qualified according to 
211.16 	section 245I.04, subdivision 2.
211.17 	(f) "Provider agency" means a for-profit or nonprofit organization established to 
211.18 	administer an assertive community treatment for youth team.
211.19 	(g) "Substance use disorders" means one or more of the disorders defined in the diagnostic 
211.20 	and statistical manual of mental disorders, current edition.
211.21 	(h) "Transition services" means:
211.22 	(1) activities, materials, consultation, and coordination that ensures continuity of the 
211.23 	client's care in advance of and in preparation for the client's move from one stage of care 
211.24 	or life to another by maintaining contact with the client and assisting the client to establish 
211.25 	provider relationships;
211.26 	(2) providing the client with knowledge and skills needed posttransition;
211.27 	(3) establishing communication between sending and receiving entities;
211.28 	(4) supporting a client's request for service authorization and enrollment; and
211.29 	(5) establishing and enforcing procedures and schedules.
211.30 	A youth's transition from the children's mental health system and services to the adult 
211.31 	mental health system and services and return to the client's home and entry or re-entry into 
212.1 	community-based mental health services following discharge from an out-of-home placement 
212.2 	or inpatient hospital stay.
212.3 	(i) "Treatment team" means all staff who provide services to recipients under this section.
212.4 	(j) "Family peer specialist" means a staff person who is qualified under section 
212.5 	256B.0616.

212.6 	Sec. 17. Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 3, is 
212.7 	amended to read:
212.8 		Subd. 3.Client eligibility. An eligible recipient is an individual who:
212.9 	(1) is eight years of age or older and under 26 21 years of age;
212.10 	(2) is diagnosed with a serious mental illness or co-occurring mental illness and substance 
212.11 	use disorder, for which intensive nonresidential rehabilitative mental health services are 
212.12 	needed;
212.13 	(3) has received a level of care assessment as defined in section 245I.02, subdivision 
212.14 	19, that indicates a need for intensive integrated intervention without 24-hour medical 
212.15 	monitoring and a need for extensive collaboration among multiple providers;
212.16 	(4) has received a functional assessment as defined in section 245I.02, subdivision 17, 
212.17 	that indicates functional impairment and a history of difficulty in functioning safely and 
212.18 	successfully in the community, school, home, or job; or who is likely to need services from 
212.19 	the adult mental health system during adulthood; and
212.20 	(5) has had a recent standard diagnostic assessment that documents that intensive 
212.21 	nonresidential rehabilitative mental health services are medically necessary to ameliorate 
212.22 	identified symptoms and functional impairments and to achieve individual transition goals.

212.23 	Sec. 18. Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 5, is 
212.24 	amended to read:
212.25 		Subd. 5.Standards for intensive nonresidential rehabilitative providers. (a) Services 
212.26 	must meet the standards in this section and chapter 245I as required in section 245I.011, 
212.27 	subdivision 5.
212.28 	(b) The treatment team must have specialized training in providing services to the specific 
212.29 	age group of youth that the team serves. An individual treatment team must serve youth 
212.30 	who are: (1) at least eight years of age or older and under 16 years of age, or (2) at least 14 
212.31 	years of age or older and under 26 21 years of age.
213.1 	(c) The treatment team for intensive nonresidential rehabilitative mental health services 
213.2 	comprises both permanently employed core team members and client-specific team members 
213.3 	as follows:
213.4 	(1) Based on professional qualifications and client needs, clinically qualified core team 
213.5 	members are assigned on a rotating basis as the client's lead worker to coordinate a client's 
213.6 	care. The core team must comprise at least four full-time equivalent direct care staff and 
213.7 	must minimally include:
213.8 	(i) a mental health professional who serves as team leader to provide administrative 
213.9 	direction and treatment supervision to the team;
213.10 	(ii) an advanced-practice registered nurse with certification in psychiatric or mental 
213.11 	health care or a board-certified child and adolescent psychiatrist, either of which must be 
213.12 	credentialed to prescribe medications;
213.13 	(iii) a licensed alcohol and drug counselor who is also trained in mental health 
213.14 	interventions; and
213.15 	(iv) a mental health certified peer specialist who is qualified according to section 245I.04, 
213.16 	subdivision 10, and is also a former children's mental health consumer.
213.17 	(2) The core team may also include any of the following:
213.18 	(i) additional mental health professionals;
213.19 	(ii) a vocational specialist;
213.20 	(iii) an educational specialist with knowledge and experience working with youth 
213.21 	regarding special education requirements and goals, special education plans, and coordination 
213.22 	of educational activities with health care activities;
213.23 	(iv) a child and adolescent psychiatrist who may be retained on a consultant basis;
213.24 	(v) a clinical trainee qualified according to section 245I.04, subdivision 6;
213.25 	(vi) a mental health practitioner qualified according to section 245I.04, subdivision 4;
213.26 	(vii) a case management service provider, as defined in section 245.4871, subdivision 
213.27 	4;
213.28 	(viii) a housing access specialist; and
213.29 	(ix) a family peer specialist as defined in subdivision 2, paragraph (j).
213.30 	(3) A treatment team may include, in addition to those in clause (1) or (2), ad hoc 
213.31 	members not employed by the team who consult on a specific client and who must accept 
214.1 	overall clinical direction from the treatment team for the duration of the client's placement 
214.2 	with the treatment team and must be paid by the provider agency at the rate for a typical 
214.3 	session by that provider with that client or at a rate negotiated with the client-specific 
214.4 	member. Client-specific treatment team members may include:
214.5 	(i) the mental health professional treating the client prior to placement with the treatment 
214.6 	team;
214.7 	(ii) the client's current substance use counselor, if applicable;
214.8 	(iii) a lead member of the client's individualized education program team or school-based 
214.9 	mental health provider, if applicable;
214.10 	(iv) a representative from the client's health care home or primary care clinic, as needed 
214.11 	to ensure integration of medical and behavioral health care;
214.12 	(v) the client's probation officer or other juvenile justice representative, if applicable; 
214.13 	and
214.14 	(vi) the client's current vocational or employment counselor, if applicable.
214.15 	(d) The treatment supervisor shall be an active member of the treatment team and shall 
214.16 	function as a practicing clinician at least on a part-time basis. The treatment team shall meet 
214.17 	with the treatment supervisor at least weekly to discuss recipients' progress and make rapid 
214.18 	adjustments to meet recipients' needs. The team meeting must include client-specific case 
214.19 	reviews and general treatment discussions among team members. Client-specific case 
214.20 	reviews and planning must be documented in the individual client's treatment record.
214.21 	(e) The staffing ratio must not exceed ten clients to one full-time equivalent treatment 
214.22 	team position.
214.23 	(f) The treatment team shall serve no more than 80 clients at any one time. Should local 
214.24 	demand exceed the team's capacity, an additional team must be established rather than 
214.25 	exceed this limit.
214.26 	(g) Nonclinical staff shall have prompt access in person or by telephone to a mental 
214.27 	health practitioner, clinical trainee, or mental health professional. The provider shall have 
214.28 	the capacity to promptly and appropriately respond to emergent needs and make any 
214.29 	necessary staffing adjustments to ensure the health and safety of clients.
214.30 	(h) The intensive nonresidential rehabilitative mental health services provider shall 
214.31 	participate in evaluation of the assertive community treatment for youth (Youth ACT) model 
215.1 	as conducted by the commissioner, including the collection and reporting of data and the 
215.2 	reporting of performance measures as specified by contract with the commissioner.
215.3 	(i) A regional treatment team may serve multiple counties.

215.4 	Sec. 19. Minnesota Statutes 2020, section 626.5571, subdivision 1, is amended to read:
215.5 		Subdivision 1.Establishment of team. A county may establish a multidisciplinary adult 
215.6 	protection team comprised of the director of the local welfare agency or designees, the 
215.7 	county attorney or designees, the county sheriff or designees, and representatives of health 
215.8 	care. In addition, representatives of mental health or other appropriate human service 
215.9 	agencies, community corrections agencies, representatives from local tribal governments, 
215.10 	local law enforcement agencies or designees thereof, and adult advocate groups may be 
215.11 	added to the adult protection team.

215.12 	Sec. 20. [626.8477] MENTAL HEALTH AND HEALTH RECORDS; WRITTEN 
215.13 	POLICY REQUIRED.
215.14 	The chief officer of every state and local law enforcement agency that seeks or uses 
215.15 	mental health data under section 13.46, subdivision 7, paragraph (c), or health records under 
215.16 	section 144.294, subdivision 2, must establish and enforce a written policy governing its 
215.17 	use. At a minimum, the written policy must incorporate the requirements of sections 13.46, 
215.18 	subdivision 7, paragraph (c), and 144.294, subdivision 2, and access procedures, retention 
215.19 	policies, and data security safeguards that, at a minimum, meet the requirements of chapter 
215.20 	13 and any other applicable law.

215.21 	Sec. 21. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 33, 
215.22 	is amended to read:

215.23
215.24	Subd. 33.Grant Programs; Chemical 
Dependency Treatment Support Grants

215.25	Appropriations by Fund
	
215.26	General
	4,273,000
	4,274,000
	
215.27	Lottery Prize
	1,733,000
	1,733,000
	
215.28
215.29	Opiate Epidemic 
Response
	500,000
	500,000
	
215.30 	(a) Problem Gambling. $225,000 in fiscal 
215.31 	year 2022 and $225,000 in fiscal year 2023 
215.32 	are from the lottery prize fund for a grant to 
215.33 	the state affiliate recognized by the National 
216.1 	Council on Problem Gambling. The affiliate 
216.2 	must provide services to increase public 
216.3 	awareness of problem gambling, education, 
216.4 	training for individuals and organizations 
216.5 	providing effective treatment services to 
216.6 	problem gamblers and their families, and 
216.7 	research related to problem gambling.
216.8 	(b) Recovery Community Organization 
216.9 	Grants. $2,000,000 in fiscal year 2022 and 
216.10 	$2,000,000 in fiscal year 2023 are from the 
216.11 	general fund for grants to recovery community 
216.12 	organizations, as defined in Minnesota 
216.13 	Statutes, section 254B.01, subdivision 8, to 
216.14 	provide for costs and community-based peer 
216.15 	recovery support services that are not 
216.16 	otherwise eligible for reimbursement under 
216.17 	Minnesota Statutes, section 254B.05, as part 
216.18 	of the continuum of care for substance use 
216.19 	disorders. The general fund base for this 
216.20 	appropriation is $2,000,000 in fiscal year 2024 
216.21 	and $0 in fiscal year 2025
216.22 	(c) Grant to Anoka County for Enhanced 
216.23 	Treatment Program. $125,000 in fiscal year 
216.24 	2023 is from the general fund for a grant to 
216.25 	Anoka County for an enhanced treatment 
216.26 	program for substance use disorder. This 
216.27 	paragraph does not expire.
216.28 	(d) Base Level Adjustment. The general fund 
216.29 	base is $4,636,000 in fiscal year 2024 and 
216.30 	$2,636,000 in fiscal year 2025. The opiate 
216.31 	epidemic response fund base is $500,000 in 
216.32 	fiscal year 2024 and $0 in fiscal year 2025.

217.1 	Sec. 22. Laws 2021, First Special Session chapter 7, article 17, section 1, subdivision 2, 
217.2 	is amended to read:
217.3 		Subd. 2.Eligibility. An individual is eligible for the transition to community initiative 
217.4 	if the individual does not meet eligibility criteria for the medical assistance program under 
217.5 	section 256B.056 or 256B.057, but who meets at least one of the following criteria:
217.6 	(1) the person otherwise meets the criteria under section 256B.092, subdivision 13, or 
217.7 	256B.49, subdivision 24;
217.8 	(2) the person has met treatment objectives and no longer requires a hospital-level care 
217.9 	or a secure treatment setting, but the person's discharge from the Anoka Metro Regional 
217.10 	Treatment Center, the Minnesota Security Hospital, or a community behavioral health 
217.11 	hospital would be substantially delayed without additional resources available through the 
217.12 	transitions to community initiative;
217.13 	(3) the person is in a community hospital and on the waiting list for the Anoka Metro 
217.14 	Regional Treatment Center, but alternative community living options would be appropriate 
217.15 	for the person, and the person has received approval from the commissioner; or
217.16 	(4)(i) the person is receiving customized living services reimbursed under section 
217.17 	256B.4914, 24-hour customized living services reimbursed under section 256B.4914, or 
217.18 	community residential services reimbursed under section 256B.4914; (ii) the person expresses 
217.19 	a desire to move; and (iii) the person has received approval from the commissioner.

217.20 	Sec. 23. REVIEW OF HUMAN SERVICES STRUCTURE; RECOMMENDATION 
217.21 	FOR 2023 LEGISLATIVE SESSION.
 217.22 	(a) No later than September 1, 2022, the addiction and recovery director must contract 
217.23 	with a consultant to conduct an independent review of the structure of the Department of 
217.24 	Human Services, with a focus on substance use disorder and mental health treatment access 
217.25 	and service delivery. The review must be completed no later than December 31, 2022.
217.26 	(b) In addition to the duties prescribed by Minnesota Statutes, section 4.046, the Opioids, 
217.27 	Substance Use, and Addiction Subcabinet must submit a recommendation to the legislature 
217.28 	for the creation of a permanent Office of Opioid Use, Substance Use, and Addiction, 
217.29 	including proposed statutory language that establishes the office and provides initial goals. 
217.30 	This recommendation must be submitted to the chairs and ranking minority members of the 
217.31 	legislative committees with jurisdiction over opioid and substance use disorder treatment 
217.32 	and prevention no later than December 31, 2022.

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

218.1 	Sec. 24. IMPACT ON EXECUTIVE ORDER.
 218.2 	Sections 1 and 23 supersede the requirements of Executive Order No. 22-07, filed April 
218.3 	7, 2022. To the extent a conflict exists between that executive order and this act, the 
218.4 	provisions of this act prevail.

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

218.6 	Sec. 25. REVISOR INSTRUCTION.
 218.7 	The revisor of statutes shall change the terms "medication-assisted treatment" and 
218.8 	"medication-assisted therapy" or similar terms to "substance use disorder treatment with 
218.9 	medications for opioid use disorder" whenever the terms appear in Minnesota Statutes and 
218.10 	Minnesota Rules. The revisor may make technical and other necessary grammatical changes 
218.11 	related to the term change.

218.12 	Sec. 26. REPEALER.
 218.13 	Minnesota Statutes 2020, section 256B.0943, subdivision 8a, is repealed.

218.14 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
218.15 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
218.16 	when federal approval is obtained.

218.17 	ARTICLE 7
218.18 	CONTINUING CARE FOR OLDER ADULTS POLICY

218.19 	Section 1. Minnesota Statutes 2020, section 245A.14, subdivision 14, is amended to read:
218.20 		Subd. 14.Attendance records for publicly funded services. (a) A child care center 
218.21 	licensed under this chapter and according to Minnesota Rules, chapter 9503, must maintain 
218.22 	documentation of actual attendance for each child receiving care for which the license holder 
218.23 	is reimbursed by a governmental program. The records must be accessible to the 
218.24 	commissioner during the program's hours of operation, they must be completed on the actual 
218.25 	day of attendance, and they must include:
218.26 	(1) the first and last name of the child;
218.27 	(2) the time of day that the child was dropped off; and
218.28 	(3) the time of day that the child was picked up.
218.29 	(b) A family child care provider licensed under this chapter and according to Minnesota 
218.30 	Rules, chapter 9502, must maintain documentation of actual attendance for each child 
219.1 	receiving care for which the license holder is reimbursed for the care of that child by a 
219.2 	governmental program. The records must be accessible to the commissioner during the 
219.3 	program's hours of operation, they must be completed on the actual day of attendance, and 
219.4 	they must include:
219.5 	(1) the first and last name of the child;
219.6 	(2) the time of day that the child was dropped off; and
219.7 	(3) the time of day that the child was picked up.
219.8 	(c) An adult day services program licensed under this chapter and according to Minnesota 
219.9 	Rules, parts 9555.5105 to 9555.6265, must maintain documentation of actual attendance 
219.10 	for each adult day service recipient for which the license holder is reimbursed by a 
219.11 	governmental program. The records must be accessible to the commissioner during the 
219.12 	program's hours of operation, they must be completed on the actual day of attendance, and 
219.13 	they must include:
219.14 	(1) the first, middle, and last name of the recipient;
219.15 	(2) the time of day that the recipient was dropped off; and
219.16 	(3) the time of day that the recipient was picked up.
219.17 	(d) The commissioner shall not issue a correction for attendance record errors that occur 
219.18 	before August 1, 2013. Adult day services programs licensed under this chapter that are 
219.19 	designated for remote adult day services must maintain documentation of actual participation 
219.20 	for each adult day service recipient for whom the license holder is reimbursed by a 
219.21 	governmental program. The records must be accessible to the commissioner during the 
219.22 	program's hours of operation, must be completed on the actual day service is provided, and 
219.23 	must include the:
219.24 	(1) first, middle, and last name of the recipient;
219.25 	(2) time of day the remote services started;
219.26 	(3) time of day that the remote services ended; and
219.27 	(4) means by which the remote services were provided, through audio remote services 
219.28 	or through audio and video remote services.

219.29 	EFFECTIVE DATE. This section is effective January 1, 2023.

220.1 	Sec. 2. [245A.70] REMOTE ADULT DAY SERVICES.
220.2 	(a) For the purposes of sections 245A.70 to 245A.75, the following terms have the 
220.3 	meanings given.
220.4 	(b) "Adult day care" and "adult day services" have the meanings given in section 245A.02, 
220.5 	subdivision 2a.
220.6 	(c) "Remote adult day services" means an individualized and coordinated set of services 
220.7 	provided via live two-way communication by an adult day care or adult day services center.
220.8 	(d) "Live two-way communication" means real-time audio or audio and video 
220.9 	transmission of information between a participant and an actively involved staff member.

220.10 	Sec. 3. [245A.71] APPLICABILITY AND SCOPE.
220.11 		Subdivision 1.Licensing requirements. Adult day care centers or adult day services 
220.12 	centers that provide remote adult day services must be licensed under this chapter and 
220.13 	comply with the requirements set forth in this section.
220.14 		Subd. 2.Standards for licensure. License holders seeking to provide remote adult day 
220.15 	services must submit a request in the manner prescribed by the commissioner. Remote adult 
220.16 	day services must not be delivered until approved by the commissioner. The designation to 
220.17 	provide remote services is voluntary for license holders. Upon approval, the designation of 
220.18 	approval for remote adult day services must be printed on the center's license, and identified 
220.19 	on the commissioner's public website.
220.20 		Subd. 3.Federal requirements. Adult day care centers or adult day services centers 
220.21 	that provide remote adult day services to participants receiving alternative care under section 
220.22 	256B.0913, essential community supports under section 256B.0922, or home and 
220.23 	community-based services waivers under chapter 256S or section 256B.092 or 256B.49 
220.24 	must comply with federally approved waiver plans.
220.25 		Subd. 4.Service limitations. Remote adult day services must be provided during the 
220.26 	days and hours of in-person services specified on the license of the adult day care center or 
220.27 	adult day services center.

220.28 	Sec. 4. [245A.72] RECORD REQUIREMENTS.
220.29 	Adult day care centers and adult day services centers providing remote adult day services 
220.30 	must comply with participant record requirements set forth in Minnesota Rules, part 
221.1 	9555.9660. The center must document how remote services will help a participant reach 
221.2 	the short- and long-term objectives in the participant's plan of care.

221.3 	Sec. 5. [245A.73] REMOTE ADULT DAY SERVICES STAFF.
221.4 		Subdivision 1.Staff ratios. (a) A staff person who provides remote adult day services 
221.5 	without two-way interactive video must only provide services to one participant at a time.
221.6 	(b) A staff person who provides remote adult day services through two-way interactive 
221.7 	video must not provide services to more than eight participants at one time.
221.8 		Subd. 2.Staff training. A center licensed under section 245A.71 must document training 
221.9 	provided to each staff person regarding the provision of remote services in the staff person's 
221.10 	record. The training must be provided prior to a staff person delivering remote adult day 
221.11 	services without supervision. The training must include:
221.12 	(1) how to use the equipment, technology, and devices required to provide remote adult 
221.13 	day services via live two-way communication;
221.14 	(2) orientation and training on each participant's plan of care as directly related to remote 
221.15 	adult day services; and
221.16 	(3) direct observation by a manager or supervisor of the staff person while providing 
221.17 	supervised remote service delivery sufficient to assess staff competency.

221.18 	Sec. 6. [245A.74] INDIVIDUAL SERVICE PLANNING.
221.19 		Subdivision 1.Eligibility.  (a) A person must be eligible for and receiving in-person 
221.20 	adult day services to receive remote adult day services from the same provider. The same 
221.21 	provider must deliver both in-person adult day services and remote adult day services to a 
221.22 	participant.
221.23 	(b) The license holder must update the participant's plan of care according to Minnesota 
221.24 	Rules, part 9555.9700.
221.25 	(c) For a participant who chooses to receive remote adult day services, the license holder 
221.26 	must document in the participant's plan of care the participant's proposed schedule and 
221.27 	frequency for receiving both in-person and remote services. The license holder must also 
221.28 	document in the participant's plan of care that remote services:
221.29 	(1) are chosen as a service delivery method by the participant or the participant's legal 
221.30 	representative;
221.31 	(2) will meet the participant's assessed needs;
222.1 	(3) are provided within the scope of adult day services; and
222.2 	(4) will help the participant achieve identified short and long-term objectives specific 
222.3 	to the provision of remote adult day services.
222.4 		Subd. 2.Participant daily service limitations. In a 24-hour period, a participant may 
222.5 	receive:
222.6 	(1) a combination of in-person adult day services and remote adult day services on the 
222.7 	same day but not at the same time;
222.8 	(2) a combination of in-person and remote adult day services that does not exceed 12 
222.9 	hours in total; and
222.10 	(3) up to six hours of remote adult day services.
222.11 		Subd. 3.Minimum in-person requirement. A participant who receives remote services 
222.12 	must receive services in-person as assigned in the participant's plan of care at least quarterly.

222.13 	Sec. 7. [245A.75] SERVICE AND PROGRAM REQUIREMENTS.
222.14 	Remote adult day services must be in the scope of adult day services provided in 
222.15 	Minnesota Rules, part 9555.9710, subparts 3 to 7.

222.16 	EFFECTIVE DATE. This section is effective January 1, 2023.

222.17 	Sec. 8. Minnesota Statutes 2020, section 256R.02, subdivision 4, is amended to read:
222.18 		Subd. 4.Administrative costs. "Administrative costs" means the identifiable costs for 
222.19 	administering the overall activities of the nursing home. These costs include salaries and 
222.20 	wages of the administrator, assistant administrator, business office employees, security 
222.21 	guards, purchasing and inventory employees, and associated fringe benefits and payroll 
222.22 	taxes, fees, contracts, or purchases related to business office functions, licenses, permits 
222.23 	except as provided in the external fixed costs category, employee recognition, travel including 
222.24 	meals and lodging, all training except as specified in subdivision 17, voice and data 
222.25 	communication or transmission, office supplies, property and liability insurance and other 
222.26 	forms of insurance except insurance that is a fringe benefit under subdivision 22, personnel 
222.27 	recruitment, legal services, accounting services, management or business consultants, data 
222.28 	processing, information technology, website, central or home office costs, business meetings 
222.29 	and seminars, postage, fees for professional organizations, subscriptions, security services, 
222.30 	nonpromotional advertising, board of directors fees, working capital interest expense, bad 
222.31 	debts, bad debt collection fees, and costs incurred for travel and housing lodging for persons 
223.1 	employed by a Minnesota-registered supplemental nursing services agency as defined in 
223.2 	section 144A.70, subdivision 6.

223.3 	Sec. 9. Minnesota Statutes 2020, section 256R.02, subdivision 17, is amended to read:
223.4 		Subd. 17.Direct care costs. "Direct care costs" means costs for the wages of nursing 
223.5 	administration, direct care registered nurses, licensed practical nurses, certified nursing 
223.6 	assistants, trained medication aides, employees conducting training in resident care topics 
223.7 	and associated fringe benefits and payroll taxes; services from a Minnesota-registered 
223.8 	supplemental nursing services agency up to the maximum allowable charges under section 
223.9 	144A.74, excluding associated lodging and travel costs; supplies that are stocked at nursing 
223.10 	stations or on the floor and distributed or used individually, including, but not limited to: 
223.11 	rubbing alcohol or alcohol swabs, applicators, cotton balls, incontinence pads, disposable 
223.12 	ice bags, dressings, bandages, water pitchers, tongue depressors, disposable gloves, enemas, 
223.13 	enema equipment, personal hygiene soap, medication cups, diapers, plastic waste bags,
223.14 	sanitary products, disposable thermometers, hypodermic needles and syringes, clinical 
223.15 	reagents or similar diagnostic agents, drugs that are not paid not payable on a separate fee 
223.16 	schedule by the medical assistance program or any other payer, and technology related
223.17 	clinical software costs specific to the provision of nursing care to residents, such as electronic 
223.18 	charting systems; costs of materials used for resident care training, and training courses 
223.19 	outside of the facility attended by direct care staff on resident care topics; and costs for 
223.20 	nurse consultants, pharmacy consultants, and medical directors. Salaries and payroll taxes 
223.21 	for nurse consultants who work out of a central office must be allocated proportionately by 
223.22 	total resident days or by direct identification to the nursing facilities served by those 
223.23 	consultants.

223.24 	Sec. 10. Minnesota Statutes 2020, section 256R.02, subdivision 18, is amended to read:
223.25 		Subd. 18.Employer health insurance costs. "Employer health insurance costs" means:
223.26 	(1) premium expenses for group coverage;
223.27 	(2) actual expenses incurred for self-insured plans, including reinsurance; actual claims 
223.28 	paid, stop-loss premiums, and plan fees. Actual expenses incurred for self-insured plans 
223.29 	does not include allowances for future funding unless the plan meets the Medicare 
223.30 	requirements for reporting on a premium basis when the Medicare regulations define the 
223.31 	actual costs; and
223.32 	(3) employer contributions to employer-sponsored individual coverage health 
223.33 	reimbursement arrangements as provided by Code of Federal Regulations, title 45, section 
224.1 	146.123, employee health reimbursement accounts, and health savings accounts. Premium 
224.2 	and expense costs and contributions are allowable for (1) all employees and (2) the spouse 
224.3 	and dependents of those employees who are employed on average at least 30 hours per 
224.4 	week.

224.5 	Sec. 11. Minnesota Statutes 2020, section 256R.02, subdivision 22, is amended to read:
224.6 		Subd. 22.Fringe benefit costs. "Fringe benefit costs" means the costs for group life, 
224.7 	dental, workers' compensation, short- and long-term disability, long-term care insurance, 
224.8 	accident insurance, supplemental insurance, legal assistance insurance, profit sharing, child 
224.9 	care costs, health insurance costs not covered under subdivision 18, including costs associated 
224.10 	with part-time employee family members or retirees, and pension and retirement plan 
224.11 	contributions, except for the Public Employees Retirement Association costs.

224.12 	Sec. 12. Minnesota Statutes 2020, section 256R.02, subdivision 29, is amended to read:
224.13 		Subd. 29.Maintenance and plant operations costs. "Maintenance and plant operations 
224.14 	costs" means the costs for the salaries and wages of the maintenance supervisor, engineers, 
224.15 	heating-plant employees, and other maintenance employees and associated fringe benefits 
224.16 	and payroll taxes. It also includes identifiable costs for maintenance and operation of the 
224.17 	building and grounds, including, but not limited to, fuel, electricity, plastic waste bags, 
224.18 	medical waste and garbage removal, water, sewer, supplies, tools, and repairs, and minor 
224.19 	equipment not requiring capitalization under Medicare guidelines.

224.20 	Sec. 13. Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision 
224.21 	to read:
224.22 		Subd. 32a.Minor equipment. "Minor equipment" means equipment that does not qualify 
224.23 	as either fixed equipment or depreciable movable equipment as defined in section 256R.261.

224.24 	Sec. 14. Minnesota Statutes 2020, section 256R.02, subdivision 42a, is amended to read:
224.25 		Subd. 42a.Real estate taxes. "Real estate taxes" means the real estate tax liability shown 
224.26 	on the annual property tax statement statements of the nursing facility for the reporting 
224.27 	period. The term does not include personnel costs or fees for late payment.

224.28 	Sec. 15. Minnesota Statutes 2020, section 256R.02, subdivision 48a, is amended to read:
224.29 		Subd. 48a.Special assessments. "Special assessments" means the actual special 
224.30 	assessments and related interest paid during the reporting period that are not voluntary costs. 
225.1 	The term does not include personnel costs or, fees for late payment, or special assessments 
225.2 	for projects that are reimbursed in the property rate.

225.3 	Sec. 16. Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision 
225.4 	to read:
225.5 		Subd. 53.Vested. "Vested" means the existence of a legally fixed unconditional right 
225.6 	to a present or future benefit.

225.7 	Sec. 17. Minnesota Statutes 2020, section 256R.07, subdivision 1, is amended to read:
225.8 		Subdivision 1.Criteria. A nursing facility shall must keep adequate documentation. In 
225.9 	order to be adequate, documentation must:
225.10 	(1) be maintained in orderly, well-organized files;
225.11 	(2) not include documentation of more than one nursing facility in one set of files unless 
225.12 	transactions may be traced by the commissioner to the nursing facility's annual cost report;
225.13 	(3) include a paid invoice or copy of a paid invoice with date of purchase, vendor name 
225.14 	and address, purchaser name and delivery destination address, listing of items or services 
225.15 	purchased, cost of items purchased, account number to which the cost is posted, and a 
225.16 	breakdown of any allocation of costs between accounts or nursing facilities. If any of the 
225.17 	information is not available, the nursing facility shall must document its good faith attempt 
225.18 	to obtain the information;
225.19 	(4) include contracts, agreements, amortization schedules, mortgages, other debt 
225.20 	instruments, and all other documents necessary to explain the nursing facility's costs or 
225.21 	revenues; and
225.22 	(5) include signed and dated position descriptions; and
225.23 	(6) be retained by the nursing facility to support the five most recent annual cost reports. 
225.24 	The commissioner may extend the period of retention if the field audit was postponed 
225.25 	because of inadequate record keeping or accounting practices as in section 256R.13, 
225.26 	subdivisions 2 and 4, the records are necessary to resolve a pending appeal, or the records 
225.27 	are required for the enforcement of sections 256R.04; 256R.05, subdivision 2; 256R.06, 
225.28 	subdivisions 2, 6, and 7; 256R.08, subdivisions 1to and 3; and 256R.09, subdivisions 3 and 
225.29 	4.

226.1 	Sec. 18. Minnesota Statutes 2020, section 256R.07, subdivision 2, is amended to read:
226.2 		Subd. 2.Documentation of compensation. Compensation for personal services, 
226.3 	regardless of whether treated as identifiable costs or costs that are not identifiable, must be 
226.4 	documented on payroll records. Payrolls must be supported by time and attendance or 
226.5 	equivalent records for individual employees. Salaries and wages of employees which are 
226.6 	allocated to more than one cost category must be supported by time distribution records. 
226.7 	The method used must produce a proportional distribution of actual time spent, or an accurate 
226.8 	estimate of time spent performing assigned duties. The nursing facility that chooses to 
226.9 	estimate time spent must use a statistically valid method. The compensation must reflect 
226.10 	an amount proportionate to a full-time basis if the services are rendered on less than a 
226.11 	full-time basis. Salary allocations are allowable using the Medicare-approved allocation 
226.12 	basis and methodology only if the salary costs cannot be directly determined, including 
226.13 	when employees provide shared services to noncovered operations.

226.14 	Sec. 19. Minnesota Statutes 2020, section 256R.07, subdivision 3, is amended to read:
226.15 		Subd. 3.Adequate documentation supporting nursing facility payrolls. Payroll 
226.16 	records supporting compensation costs claimed by nursing facilities must be supported by 
226.17 	affirmative time and attendance records prepared by each individual at intervals of not more 
226.18 	than one month. The requirements of this subdivision are met when documentation is 
226.19 	provided under either clause (1) or (2) as follows:
226.20 	(1) the affirmative time and attendance record must identify the individual's name; the 
226.21 	days worked during each pay period; the number of hours worked each day; and the number 
226.22 	of hours taken each day by the individual for vacation, sick, and other leave. The affirmative 
226.23 	time and attendance record must include a signed verification by the individual and the 
226.24 	individual's supervisor, if any, that the entries reported on the record are correct; or
226.25 	(2) if the affirmative time and attendance records identifying the individual's name, the 
226.26 	days worked each pay period, the number of hours worked each day, and the number of 
226.27 	hours taken each day by the individual for vacation, sick, and other leave are placed on 
226.28 	microfilm stored electronically, equipment must be made available for viewing and printing 
226.29 	them, or if the records are stored as automated data, summary data must be available for 
226.30 	viewing and printing the records.

226.31 	Sec. 20. Minnesota Statutes 2020, section 256R.08, subdivision 1, is amended to read:
226.32 		Subdivision 1.Reporting of financial statements. (a) No later than February 1 of each 
226.33 	year, a nursing facility shall must:
227.1 	(1) provide the state agency with a copy of its audited financial statements or its working 
227.2 	trial balance;
227.3 	(2) provide the state agency with a statement of ownership for the facility;
227.4 	(3) provide the state agency with separate, audited financial statements or working trial 
227.5 	balances for every other facility owned in whole or in part by an individual or entity that 
227.6 	has an ownership interest in the facility;
227.7 	(4) upon request, provide the state agency with separate, audited financial statements or 
227.8 	working trial balances for every organization with which the facility conducts business and 
227.9 	which is owned in whole or in part by an individual or entity which has an ownership interest 
227.10 	in the facility;
227.11 	(5) provide the state agency with copies of leases, purchase agreements, and other 
227.12 	documents related to the lease or purchase of the nursing facility; and
227.13 	(6) upon request, provide the state agency with copies of leases, purchase agreements, 
227.14 	and other documents related to the acquisition of equipment, goods, and services which are 
227.15 	claimed as allowable costs.
227.16 	(b) Audited financial statements submitted under paragraph (a) must include a balance 
227.17 	sheet, income statement, statement of the rate or rates charged to private paying residents, 
227.18 	statement of retained earnings, statement of cash flows, notes to the financial statements, 
227.19 	audited applicable supplemental information, and the public accountant's report. Public 
227.20 	accountants must conduct audits in accordance with chapter 326A. The cost of an audit 
227.21 	shall must not be an allowable cost unless the nursing facility submits its audited financial 
227.22 	statements in the manner otherwise specified in this subdivision. A nursing facility must 
227.23 	permit access by the state agency to the public accountant's audit work papers that support 
227.24 	the audited financial statements submitted under paragraph (a).
227.25 	(c) Documents or information provided to the state agency pursuant to this subdivision 
227.26 	shall must be public unless prohibited by the Health Insurance Portability and Accountability 
227.27 	Act or any other federal or state regulation. Data, notes, and preliminary drafts of reports 
227.28 	created, collected, and maintained by the audit offices of government entities, or persons 
227.29 	performing audits for government entities, and relating to an audit or investigation are 
227.30 	confidential data on individuals or protected nonpublic data until the final report has been 
227.31 	published or the audit or investigation is no longer being pursued actively, except that the 
227.32 	data must be disclosed as required to comply with section 6.67 or 609.456.
228.1 	(d) If the requirements of paragraphs (a) and (b) are not met, the reimbursement rate 
228.2 	may be reduced to 80 percent of the rate in effect on the first day of the fourth calendar 
228.3 	month after the close of the reporting period and the reduction shall must continue until the 
228.4 	requirements are met.

228.5 	Sec. 21. Minnesota Statutes 2020, section 256R.09, subdivision 2, is amended to read:
228.6 		Subd. 2.Reporting of statistical and cost information. All nursing facilities shall must
228.7 	provide information annually to the commissioner on a form and in a manner determined 
228.8 	by the commissioner. The commissioner may separately require facilities to submit in a 
228.9 	manner specified by the commissioner documentation of statistical and cost information 
228.10 	included in the report to ensure accuracy in establishing payment rates and to perform audit 
228.11 	and appeal review functions under this chapter. The commissioner may also require nursing 
228.12 	facilities to provide statistical and cost information for a subset of the items in the annual 
228.13 	report on a semiannual basis. Nursing facilities shall must report only costs directly related 
228.14 	to the operation of the nursing facility. The facility shall must not include costs which are 
228.15 	separately reimbursed or reimbursable by residents, medical assistance, or other payors. 
228.16 	Allocations of costs from central, affiliated, or corporate office and related organization 
228.17 	transactions shall be reported according to sections 256R.07, subdivision 3, and 256R.12, 
228.18 	subdivisions 1 to 7. The commissioner shall not grant facilities extensions to the filing 
228.19 	deadline.

228.20 	Sec. 22. Minnesota Statutes 2020, section 256R.09, subdivision 5, is amended to read:
228.21 		Subd. 5.Method of accounting. (a) The accrual method of accounting in accordance 
228.22 	with generally accepted accounting principles is the only method acceptable for purposes 
228.23 	of satisfying the reporting requirements of this chapter. If a governmentally owned nursing 
228.24 	facility demonstrates that the accrual method of accounting is not applicable to its accounts 
228.25 	and that a cash or modified accrual method of accounting more accurately reports the nursing 
228.26 	facility's financial operations, the commissioner shall permit the governmentally owned 
228.27 	nursing facility to use a cash or modified accrual method of accounting.
228.28 	(b) For reimbursement purposes, a provider must pay an accrued nonpayroll expense 
228.29 	within 180 days following the end of the reporting period. A provider must not report on a 
228.30 	subsequent cost report an expense disallowed by the commissioner under this paragraph 
228.31 	for nonpayment unless the commissioner grants a specific exception to the 180-day rule for 
228.32 	a documented contractual arrangement such as receivership, property tax installment 
228.33 	payments, or pension contributions.

229.1 	Sec. 23. Minnesota Statutes 2020, section 256R.10, is amended by adding a subdivision 
229.2 	to read:
229.3 		Subd. 8.Employer health insurance costs. (a) Employer health insurance costs are 
229.4 	allowable for (1) all employees and (2) the spouse and dependents of those employees who 
229.5 	are employed on average at least 30 hours per week.
229.6 	(b) The commissioner must not treat employer contributions to employer-sponsored 
229.7 	individual coverage health reimbursement arrangements as allowable costs if the facility 
229.8 	does not provide the commissioner copies of the employer-sponsored individual coverage 
229.9 	health reimbursement arrangement plan documents and documentation of any health 
229.10 	insurance premiums and associated co-payments reimbursed under the arrangement. 
229.11 	Documentation of reimbursements must denote any reimbursements for health insurance 
229.12 	premiums or associated co-payments incurred by the spouses or dependents of employees 
229.13 	who work on average less than 30 hours per week.

229.14 	Sec. 24. Minnesota Statutes 2020, section 256R.13, subdivision 4, is amended to read:
229.15 		Subd. 4.Extended record retention requirements. The commissioner shall extend the 
229.16 	period for retention of records under section 256R.09, subdivision 3, for purposes of 
229.17 	performing field audits as necessary to enforce sections 256R.04; 256R.05, subdivision 2; 
229.18 	256R.06, subdivisions 2, 6, and 7; 256R.08, subdivisions 1to and 3; and 256R.09, 
229.19 	subdivisions 3 and 4, with written notice to the facility postmarked no later than 90 days 
229.20 	prior to the expiration of the record retention requirement.

229.21 	Sec. 25. Minnesota Statutes 2020, section 256R.16, subdivision 1, is amended to read:
229.22 		Subdivision 1.Calculation of a quality score. (a) The commissioner shall determine 
229.23 	a quality score for each nursing facility using quality measures established in section 
229.24 	256B.439, according to methods determined by the commissioner in consultation with 
229.25 	stakeholders and experts, and using the most recently available data as provided in the 
229.26 	Minnesota Nursing Home Report Card. These methods shall must be exempt from the 
229.27 	rulemaking requirements under chapter 14.
229.28 	(b) For each quality measure, a score shall must be determined with the number of points 
229.29 	assigned as determined by the commissioner using the methodology established according 
229.30 	to this subdivision. The determination of the quality measures to be used and the methods 
229.31 	of calculating scores may be revised annually by the commissioner.
230.1 	(c) The quality score shall must include up to 50 points related to the Minnesota quality 
230.2 	indicators score derived from the minimum data set, up to 40 points related to the resident 
230.3 	quality of life score derived from the consumer survey conducted under section 256B.439, 
230.4 	subdivision 3, and up to ten points related to the state inspection results score.
230.5 	(d) The commissioner, in cooperation with the commissioner of health, may adjust the 
230.6 	formula in paragraph (c), or the methodology for computing the total quality score, effective 
230.7 	July 1 of any year, with five months advance public notice. In changing the formula, the 
230.8 	commissioner shall consider quality measure priorities registered by report card users, advice 
230.9 	of stakeholders, and available research.

230.10 	Sec. 26. Minnesota Statutes 2020, section 256R.17, subdivision 3, is amended to read:
230.11 		Subd. 3.Resident assessment schedule. (a) Nursing facilities shall must conduct and 
230.12 	submit case mix classification assessments according to the schedule established by the 
230.13 	commissioner of health under section 144.0724, subdivisions 4 and 5.
230.14 	(b) The case mix classifications established under section 144.0724, subdivision 3a, 
230.15 	shall be are effective the day of admission for new admission assessments. The effective 
230.16 	date for significant change assessments shall be is the assessment reference date. The 
230.17 	effective date for annual and quarterly assessments shall be and significant corrections 
230.18 	assessments is the first day of the month following assessment reference date.

230.19 	Sec. 27. Minnesota Statutes 2020, section 256R.26, subdivision 1, is amended to read:
230.20 		Subdivision 1.Determination of limited undepreciated replacement cost. A facility's 
230.21 	limited URC is the lesser of:
230.22 	(1) the facility's recognized URC from the appraisal; or
230.23 	(2) the product of (i) the number of the facility's licensed beds three months prior to the 
230.24 	beginning of the rate year, (ii) the construction cost per square foot value, and (iii) 1,000 
230.25 	square feet.

230.26 	Sec. 28. Minnesota Statutes 2020, section 256R.261, subdivision 13, is amended to read:
230.27 		Subd. 13.Equipment allowance per bed value. The equipment allowance per bed 
230.28 	value is $10,000 adjusted annually for rate years beginning on or after January 1, 2021, by 
230.29 	the percentage change indicated by the urban consumer price index for Minneapolis-St. 
230.30 	Paul, as published by the Bureau of Labor Statistics (series 1967=100 1982-84=100) for 
231.1 	the two previous Julys. The computation for this annual adjustment is based on the data that 
231.2 	is publicly available on November 1 immediately preceding the start of the rate year.

231.3 	Sec. 29. Minnesota Statutes 2020, section 256R.37, is amended to read:
231.4 	256R.37 SCHOLARSHIPS.
231.5 	(a) For the 27-month period beginning October 1, 2015, through December 31, 2017, 
231.6 	the commissioner shall allow a scholarship per diem of up to 25 cents for each nursing 
231.7 	facility with no scholarship per diem that is requesting a scholarship per diem to be added 
231.8 	to the external fixed payment rate to be used:
231.9 	(1) for employee scholarships that satisfy the following requirements:
231.10 	(i) scholarships are available to all employees who work an average of at least ten hours 
231.11 	per week at the facility except the administrator, and to reimburse student loan expenses 
231.12 	for newly hired registered nurses and licensed practical nurses, and training expenses for 
231.13 	nursing assistants as specified in section 144A.611, subdivisions 2 and 4, who are newly 
231.14 	hired; and
231.15 	(ii) the course of study is expected to lead to career advancement with the facility or in 
231.16 	long-term care, including medical care interpreter services and social work; and
231.17 	(2) to provide job-related training in English as a second language.
231.18 	(b) All facilities may annually request a rate adjustment under this section by submitting 
231.19 	information to the commissioner on a schedule and in a form supplied by the commissioner. 
231.20 	The commissioner shall allow a scholarship payment rate equal to the reported and allowable 
231.21 	costs divided by resident days.
231.22 	(c) In calculating the per diem under paragraph (b), the commissioner shall allow costs 
231.23 	related to tuition, direct educational expenses, and reasonable costs as defined by the 
231.24 	commissioner for child care costs and transportation expenses related to direct educational 
231.25 	expenses.
231.26 	(d) The rate increase under this section is an optional rate add-on that the facility must 
231.27 	request from the commissioner in a manner prescribed by the commissioner. The rate 
231.28 	increase must be used for scholarships as specified in this section.
231.29 	(e) For instances in which a rate adjustment will be 15 cents or greater, nursing facilities 
231.30 	that close beds during a rate year may request to have their scholarship adjustment under 
231.31 	paragraph (b) recalculated by the commissioner for the remainder of the rate year to reflect 
231.32 	the reduction in resident days compared to the cost report year.
232.1 	(a) The commissioner shall provide a scholarship per diem rate calculated using the 
232.2 	criteria in paragraphs (b) to (d). The per diem rate must be based on the allowable costs the 
232.3 	facility paid for employee scholarships for any eligible employee, except the facility 
232.4 	administrator, who works an average of at least ten hours per week in the licensed nursing 
232.5 	facility building when the facility has paid expenses related to:
232.6 	(1) an employee's course of study that is expected to lead to career advancement with 
232.7 	the facility or in the field of long-term care;
232.8 	(2) an employee's job-related training in English as a second language;
232.9 	(3) the reimbursement of student loan expenses for newly hired registered nurses and 
232.10 	licensed practical nurses; and
232.11 	(4) the reimbursement of training, testing, and associated expenses for newly hired 
232.12 	nursing assistants as specified in section 144A.611, subdivisions 2 and 4. The reimbursement 
232.13 	of nursing assistant expenses under this clause is not subject to the ten-hour minimum work 
232.14 	requirement under this paragraph.
232.15 	(b) Allowable scholarship costs include: tuition, student loan reimbursement, other direct 
232.16 	educational expenses, and reasonable costs for child care and transportation expenses directly 
232.17 	related to education, as defined by the commissioner.
232.18 	(c) The commissioner shall provide a scholarship per diem rate equal to the allowable 
232.19 	scholarship costs divided by resident days. The commissioner shall compute the scholarship 
232.20 	per diem rate annually and include the scholarship per diem rate in the external fixed costs 
232.21 	payment rate.
232.22 	(d) When the resulting scholarship per diem rate is 15 cents or more, nursing facilities 
232.23 	that close beds during a rate year may request to have the scholarship rate recalculated. This 
232.24 	recalculation is effective from the date of the bed closure through the remainder of the rate 
232.25 	year and reflects the estimated reduction in resident days compared to the previous cost 
232.26 	report year.
232.27 	(e) Facilities seeking to have the facility's scholarship expenses recognized for the 
232.28 	payment rate computation in section 256R.25 may apply annually by submitting information 
232.29 	to the commissioner on a schedule and in a form supplied by the commissioner.

233.1 	Sec. 30. Minnesota Statutes 2020, section 256R.39, is amended to read:
233.2 	256R.39 QUALITY IMPROVEMENT INCENTIVE PROGRAM.
233.3 	The commissioner shall develop a quality improvement incentive program in consultation 
233.4 	with stakeholders. The annual funding pool available for quality improvement incentive 
233.5 	payments shall must be equal to 0.8 percent of all operating payments, not including any 
233.6 	rate components resulting from equitable cost-sharing for publicly owned nursing facility 
233.7 	program participation under section 256R.48, critical access nursing facility program 
233.8 	participation under section 256R.47, or performance-based incentive payment program 
233.9 	participation under section 256R.38. For the period from October 1, 2015, to December 31, 
233.10 	2016, rate adjustments provided under this section shall be effective for 15 months. Beginning 
233.11 	January 1, 2017, An annual rate adjustments adjustment provided under this section shall
233.12 	must be effective for one rate year.

233.13 	Sec. 31. Minnesota Statutes 2021 Supplement, section 256S.205, is amended to read:
233.14 	256S.205 CUSTOMIZED LIVING SERVICES; DISPROPORTIONATE SHARE 
233.15 	RATE ADJUSTMENTS.
233.16 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms in this 
233.17 	subdivision have the meanings given.
233.18 	(b) "Application year" means a year in which a facility submits an application for 
233.19 	designation as a disproportionate share facility.
233.20 	(c) "Assisted living facility" or "facility" means an assisted living facility licensed under 
233.21 	chapter 144G "Customized living resident" means a resident of a facility who is receiving 
233.22 	either 24-hour customized living services or customized living services authorized under 
233.23 	the elderly waiver, the brain injury waiver, or the community access for disability inclusion 
233.24 	waiver.
233.25 	(d) "Disproportionate share facility" means an assisted living a facility designated by 
233.26 	the commissioner under subdivision 4.
233.27 	(e) "Facility" means either an assisted living facility licensed under chapter 144G or a 
233.28 	setting that is exempt from assisted living licensure under section 144G.08, subdivision 7, 
233.29 	clauses (10) to (13).
233.30 	(f) "Rate year" means January 1 to December 31 of the year following an application 
233.31 	year.
234.1 		Subd. 2.Rate adjustment application. An assisted living A facility may apply to the 
234.2 	commissioner for designation as a disproportionate share facility. Applications must be 
234.3 	submitted annually between October September 1 and October 31 September 30. The 
234.4 	applying facility must apply in a manner determined by the commissioner. The applying 
234.5 	facility must document as a percentage the census of elderly waiver participants each of the 
234.6 	following on the application:
234.7 	(1) the number of customized living residents in the facility on September 1 of the 
234.8 	application year, broken out by specific waiver program; and
234.9 	(2) the total number of people residing in the facility on October September 1 of the 
234.10 	application year.
234.11 		Subd. 3.Rate adjustment eligibility criteria. Only facilities with a census of at least 
234.12 	80 percent elderly waiver participants satisfying all of the following conditions on October
234.13 	September 1 of the application year are eligible for designation as a disproportionate share 
234.14 	facility:
234.15 	(1) at least 83.5 percent of the residents of the facility are customized living residents; 
234.16 	and
234.17 	(2) at least 70 percent of the customized living residents are elderly waiver participants.
234.18 		Subd. 4.Designation as a disproportionate share facility. (a) By November October
234.19 	15 of each application year, the commissioner must designate as a disproportionate share 
234.20 	facility a facility that complies with the application requirements of subdivision 2 and meets 
234.21 	the eligibility criteria of subdivision 3.
234.22 	(b) An annual designation is effective for one rate year.
234.23 		Subd. 5.Rate adjustment; rate floor. (a) Notwithstanding the 24-hour customized 
234.24 	living monthly service rate limits under section 256S.202, subdivision 2, and the component 
234.25 	service rates established under section 256S.201, subdivision 4, the commissioner must 
234.26 	establish a rate floor equal to $119 per resident per day for 24-hour customized living 
234.27 	services provided to an elderly waiver participant in a designated disproportionate share 
234.28 	facility for the purpose of ensuring the minimal level of staffing required to meet the health 
234.29 	and safety needs of elderly waiver participants.
234.30 	(b) The commissioner must apply the rate floor to the services described in paragraph 
234.31 	(a) provided during the rate year.
234.32 	(b) (c) The commissioner must adjust the rate floor at least annually in the manner 
234.33 	described under section 256S.18, subdivisions 5 and 6 by the same amount and at the same 
235.1 	time as any adjustment to the 24-hour customized living monthly service rate limits under 
235.2 	section 256S.202, subdivision 2.
235.3 	(c) (d) The commissioner shall not implement the rate floor under this section if the 
235.4 	customized living rates established under sections 256S.21 to 256S.215 will be implemented 
235.5 	at 100 percent on January 1 of the year following an application year.
235.6 		Subd. 6.Budget cap disregard. The value of the rate adjustment under this section 
235.7 	must not be included in an elderly waiver client's monthly case mix budget cap.

235.8 	EFFECTIVE DATE. This section is effective September 1, 2022, or upon federal 
235.9 	approval, whichever is later, and applies to services provided on or after January 1, 2023, 
235.10 	or on or after the date upon which federal approval is obtained, whichever is later. The 
235.11 	commissioner of human services shall notify the revisor of statutes when federal approval 
235.12 	is obtained.

235.13 	Sec. 32. REPEALER.
 235.14 	Minnesota Statutes 2020, sections 245A.03, subdivision 5; and 256R.08, subdivision 2,
235.15 	and Minnesota Rules, part 9555.6255, are repealed.

235.16 	ARTICLE 8
235.17 	CHILD AND VULNERABLE ADULT PROTECTION

235.18 	Section 1. Minnesota Statutes 2020, section 242.19, subdivision 2, is amended to read:
235.19 		Subd. 2.Dispositions. When a child has been committed to the commissioner of 
235.20 	corrections by a juvenile court, upon a finding of delinquency, the commissioner may for 
235.21 	the purposes of treatment and rehabilitation:
235.22 	(1) order the child's confinement to the Minnesota Correctional Facility-Red Wing, 
235.23 	which shall accept the child, or to a group foster home under the control of the commissioner 
235.24 	of corrections, or to private facilities or facilities established by law or incorporated under 
235.25 	the laws of this state that may care for delinquent children;
235.26 	(2) order the child's release on parole under such supervisions and conditions as the 
235.27 	commissioner believes conducive to law-abiding conduct, treatment and rehabilitation;
235.28 	(3) order reconfinement or renewed parole as often as the commissioner believes to be 
235.29 	desirable;
235.30 	(4) revoke or modify any order, except an order of discharge, as often as the commissioner 
235.31 	believes to be desirable;
236.1 	(5) discharge the child when the commissioner is satisfied that the child has been 
236.2 	rehabilitated and that such discharge is consistent with the protection of the public;
236.3 	(6) if the commissioner finds that the child is eligible for probation or parole and it 
236.4 	appears from the commissioner's investigation that conditions in the child's or the guardian's 
236.5 	home are not conducive to the child's treatment, rehabilitation, or law-abiding conduct, refer 
236.6 	the child, together with the commissioner's findings, to a local social services agency or a 
236.7 	licensed child-placing agency for placement in a foster care or, when appropriate, for 
236.8 	initiation of child in need of protection or services proceedings as provided in sections 
236.9 	260C.001 to 260C.421. The commissioner of corrections shall reimburse local social services 
236.10 	agencies for foster care costs they incur for the child while on probation or parole to the 
236.11 	extent that funds for this purpose are made available to the commissioner by the legislature. 
236.12 	The juvenile court shallmay order the parents of a child on probation or parole to pay the 
236.13 	costs of foster care under section 260B.331, subdivision 1, if the local social services agency 
236.14 	has determined that requiring reimbursement is in the child's best interests, according to 
236.15 	their ability to pay, and to the extent that the commissioner of corrections has not reimbursed 
236.16 	the local social services agency.

236.17 	Sec. 2. Minnesota Statutes 2020, section 260.012, is amended to read:
236.18 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
236.19 	REUNIFICATION; REASONABLE EFFORTS.
236.20 	(a) Once a child alleged to be in need of protection or services is under the court's 
236.21 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
236.22 	services and practices, by the social services agency are made to prevent placement or to 
236.23 	eliminate the need for removal and to reunite the child with the child's family at the earliest 
236.24 	possible time, and the court must ensure that the responsible social services agency makes 
236.25 	reasonable efforts to finalize an alternative permanent plan for the child as provided in 
236.26 	paragraph (e). In determining reasonable efforts to be made with respect to a child and in 
236.27 	making those reasonable efforts, the child's best interests, health, and safety must be of 
236.28 	paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 
236.29 	reunification are always required except upon a determination by the court that a petition 
236.30 	has been filed stating a prima facie case that:
236.31 	(1) the parent has subjected a child to egregious harm as defined in section 260C.007, 
236.32 	subdivision 14;
236.33 	(2) the parental rights of the parent to another child have been terminated involuntarily;
237.1 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph 
237.2 	(a), clause (2);
237.3 	(4) the parent's custodial rights to another child have been involuntarily transferred to a 
237.4 	relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), 
237.5 	clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;
237.6 	(5) the parent has committed sexual abuse as defined in section 260E.03, against the 
237.7 	child or another child of the parent;
237.8 	(6) the parent has committed an offense that requires registration as a predatory offender 
237.9 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
237.10 	(7) the provision of services or further services for the purpose of reunification is futile 
237.11 	and therefore unreasonable under the circumstances.
237.12 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
237.13 	either permanency pleadings under section 260C.505, or a termination of parental rights 
237.14 	petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under 
237.15 	sections 260C.503 to 260C.521 must be held within 30 days of this determination.
237.16 	(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178, 
237.17 	260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court 
237.18 	must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, 
237.19 	United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In 
237.20 	cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section 
237.21 	1901, the responsible social services agency must provide active efforts as required under 
237.22 	United States Code, title 25, section 1911(d).
237.23 	(d) "Reasonable efforts to prevent placement" means:
237.24 	(1) the agency has made reasonable efforts to prevent the placement of the child in foster 
237.25 	care by working with the family to develop and implement a safety plan that is individualized 
237.26 	to the needs of the child and the child's family and may include support persons from the 
237.27 	child's extended family, kin network, and community; or
237.28 	(2) the agency has demonstrated to the court that, given the particular circumstances of 
237.29 	the child and family at the time of the child's removal, there are no services or efforts 
237.30 	available which that could allow the child to safely remain in the home.
237.31 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence 
237.32 	by the responsible social services agency to:
238.1 	(1) reunify the child with the parent or guardian from whom the child was removed;
238.2 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
238.3 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
238.4 	provide the care, as required by section 260C.219;
238.5 	(3) conduct a relative search to identify and provide notice to adult relatives, and engage 
238.6 	relatives in case planning and permanency planning, as required under section 260C.221;
238.7 	(4) consider placing the child with relatives in the order specified in section 260C.212, 
238.8 	subdivision 2, paragraph (a);
238.9 	(4) (5) place siblings removed from their home in the same home for foster care or 
238.10 	adoption, or transfer permanent legal and physical custody to a relative. Visitation between 
238.11 	siblings who are not in the same foster care, adoption, or custodial placement or facility 
238.12 	shall be consistent with section 260C.212, subdivision 2; and
238.13 	(5) (6) when the child cannot return to the parent or guardian from whom the child was 
238.14 	removed, to plan for and finalize a safe and legally permanent alternative home for the child, 
238.15 	and considers permanent alternative homes for the child inside or outside of the state, 
238.16 	preferably with a relative in the order specified in section 260C.212, subdivision 2, paragraph 
238.17 	(a), through adoption or transfer of permanent legal and physical custody of the child.
238.18 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
238.19 	social services agency to use culturally appropriate and available services to meet the 
238.20 	individualized needs of the child and the child's family. Services may include those provided 
238.21 	by the responsible social services agency and other culturally appropriate services available 
238.22 	in the community. The responsible social services agency must select services for a child 
238.23 	and the child's family by collaborating with the child's family and, if appropriate, the child. 
238.24 	At each stage of the proceedings where when the court is required to review the 
238.25 	appropriateness of the responsible social services agency's reasonable efforts as described 
238.26 	in paragraphs (a), (d), and (e), the social services agency has the burden of demonstrating 
238.27 	that:
238.28 	(1) itthe agency has made reasonable efforts to prevent placement of the child in foster 
238.29 	care, including that the agency considered or established a safety plan according to paragraph 
238.30 	(d), clause (1);
238.31 	(2) it the agency has made reasonable efforts to eliminate the need for removal of the 
238.32 	child from the child's home and to reunify the child with the child's family at the earliest 
238.33 	possible time;
239.1 	(3) the agency has made reasonable efforts to finalize a permanent plan for the child 
239.2 	pursuant to paragraph (e);
239.3 	(3) it(4) the agency has made reasonable efforts to finalize an alternative permanent 
239.4 	home for the child, and considers considered permanent alternative homes for the child 
239.5 	inside or outside in or out of the state, preferably with a relative in the order specified in 
239.6 	section 260C.212, subdivision 2, paragraph (a); or
239.7 	(4) (5) reasonable efforts to prevent placement and to reunify the child with the parent 
239.8 	or guardian are not required. The agency may meet this burden by stating facts in a sworn 
239.9 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
239.10 	reasonable efforts or facts that the agency believes demonstrate that there is no need for 
239.11 	reasonable efforts to reunify the parent and child, or through testimony or a certified report 
239.12 	required under juvenile court rules.
239.13 	(g) Once the court determines that reasonable efforts for reunification are not required 
239.14 	because the court has made one of the prima facie determinations under paragraph (a), the 
239.15 	court may only require the agency to make reasonable efforts for reunification after a hearing 
239.16 	according to section 260C.163, where if the court finds that there is not clear and convincing 
239.17 	evidence of the facts upon which the court based its the court's prima facie determination. 
239.18 	In this case when If there is clear and convincing evidence that the child is in need of 
239.19 	protection or services, the court may find the child in need of protection or services and 
239.20 	order any of the dispositions available under section 260C.201, subdivision 1. Reunification 
239.21 	of a child with a parent is not required if the parent has been convicted of:
239.22 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185 
239.23 	to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;
239.24 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;
239.25 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
239.26 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;
239.27 	(4) committing sexual abuse as defined in section 260E.03, against the child or another 
239.28 	child of the parent; or
239.29 	(5) an offense that requires registration as a predatory offender under section 243.166, 
239.30 	subdivision 1b, paragraph (a) or (b).
239.31 	(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201, 
239.32 	260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and 
239.33 	conclusions as to the provision of reasonable efforts. When determining whether reasonable 
240.1 	efforts have been made by the agency, the court shall consider whether services to the child 
240.2 	and family were:
240.3 	(1) selected in collaboration with the child's family and, if appropriate, the child;
240.4 	(2) tailored to the individualized needs of the child and child's family;
240.5 	(1) (3) relevant to the safety and, protection, and well-being of the child;
240.6 	(2) (4) adequate to meet the individualized needs of the child and family;
240.7 	(3) (5) culturally appropriate;
240.8 	(4) (6) available and accessible;
240.9 	(5) (7) consistent and timely; and
240.10 	(6) (8) realistic under the circumstances.
240.11 	In the alternative, the court may determine that the provision of services or further services 
240.12 	for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances 
240.13 	or that reasonable efforts are not required as provided in paragraph (a).
240.14 	(i) This section does not prevent out-of-home placement for the treatment of a child with 
240.15 	a mental disability when it is determined to be medically necessary as a result of the child's 
240.16 	diagnostic assessment or the child's individual treatment plan indicates that appropriate and 
240.17 	necessary treatment cannot be effectively provided outside of a residential or inpatient 
240.18 	treatment program and the level or intensity of supervision and treatment cannot be 
240.19 	effectively and safely provided in the child's home or community and it is determined that 
240.20 	a residential treatment setting is the least restrictive setting that is appropriate to the needs 
240.21 	of the child.
240.22 	(j) If continuation of reasonable efforts to prevent placement or reunify the child with 
240.23 	the parent or guardian from whom the child was removed is determined by the court to be 
240.24 	inconsistent with the permanent plan for the child or upon the court making one of the prima 
240.25 	facie determinations under paragraph (a), reasonable efforts must be made to place the child 
240.26 	in a timely manner in a safe and permanent home and to complete whatever steps are 
240.27 	necessary to legally finalize the permanent placement of the child.
240.28 	(k) Reasonable efforts to place a child for adoption or in another permanent placement 
240.29 	may be made concurrently with reasonable efforts to prevent placement or to reunify the 
240.30 	child with the parent or guardian from whom the child was removed. When the responsible 
240.31 	social services agency decides to concurrently make reasonable efforts for both reunification 
240.32 	and permanent placement away from the parent under paragraph (a), the agency shall disclose 
241.1 	its the agency's decision and both plans for concurrent reasonable efforts to all parties and 
241.2 	the court. When the agency discloses its the agency's decision to proceed on with both plans 
241.3 	for reunification and permanent placement away from the parent, the court's review of the 
241.4 	agency's reasonable efforts shall include the agency's efforts under both plans.

241.5 	Sec. 3. Minnesota Statutes 2020, section 260B.331, subdivision 1, is amended to read:
241.6 		Subdivision 1.Care, examination, or treatment. (a)(1) Whenever legal custody of a 
241.7 	child is transferred by the court to a local social services agency, or
241.8 	(2) whenever legal custody is transferred to a person other than the local social services 
241.9 	agency, but under the supervision of the local social services agency, and
241.10 	(3) whenever a child is given physical or mental examinations or treatment under order 
241.11 	of the court, and no provision is otherwise made by law for payment for the care, 
241.12 	examination, or treatment of the child, these costs are a charge upon the welfare funds of 
241.13 	the county in which proceedings are held upon certification of the judge of juvenile court.
241.14 	(b) The court shall may order, and the local social services agency shall may require, 
241.15 	the parents or custodian of a child, while the child is under the age of 18, to use the total
241.16 	income and resources attributable to the child for the period of care, examination, or 
241.17 	treatment, except for clothing and personal needs allowance as provided in section 256B.35, 
241.18 	to reimburse the county for the cost of care, examination, or treatment. Income and resources 
241.19 	attributable to the child include, but are not limited to, Social Security benefits, Supplemental 
241.20 	Security Income (SSI), veterans benefits, railroad retirement benefits and child support. 
241.21 	When the child is over the age of 18, and continues to receive care, examination, or treatment, 
241.22 	the court shall may order, and the local social services agency shall may require, 
241.23 	reimbursement from the child for the cost of care, examination, or treatment from the income 
241.24 	and resources attributable to the child less the clothing and personal needs allowance. The 
241.25 	local social services agency shall determine whether requiring reimbursement, either through 
241.26 	child support or parental fees, for the cost of care, examination, or treatment from income 
241.27 	and resources attributable to the child is in the child's best interests. In determining whether 
241.28 	to require reimbursement, the local social services agency shall consider:
241.29 	(1) whether requiring reimbursement would compromise a parent's ability to meet the 
241.30 	child's treatment and rehabilitation needs before the child returns to the parent's home;
241.31 	(2) whether requiring reimbursement would compromise the parent's ability to meet the 
241.32 	child's needs after the child returns home; and
242.1 	(3) whether redirecting existing child support payments or changing the representative 
242.2 	payee of social security benefits to the local social services agency would limit the parent's 
242.3 	ability to maintain financial stability for the child upon the child's return home.
242.4 	(c) If the income and resources attributable to the child are not enough to reimburse the 
242.5 	county for the full cost of the care, examination, or treatment, the court shall may inquire 
242.6 	into the ability of the parents to support the child reimburse the county for the cost of care, 
242.7 	examination, or treatment and, after giving the parents a reasonable opportunity to be heard, 
242.8 	the court shall may order, and the local social services agency shall may require, the parents 
242.9 	to contribute to the cost of care, examination, or treatment of the child. Except in delinquency 
242.10 	cases where the victim is a member of the child's immediate family, When determining the 
242.11 	amount to be contributed by the parents, the court shall use a fee schedule based upon ability 
242.12 	to pay that is established by the local social services agency and approved by the 
242.13 	commissioner of human services. In delinquency cases where the victim is a member of the 
242.14 	child's immediate family, The court shall use the fee schedule but may also take into account 
242.15 	the seriousness of the offense and any expenses which the parents have incurred as a result 
242.16 	of the offense any expenses that the parents may have incurred as a result of the offense, 
242.17 	including but not limited to co-payments for mental health treatment and attorney fees. The 
242.18 	income of a stepparent who has not adopted a child shall be excluded in calculating the 
242.19 	parental contribution under this section. The local social services agency shall determine 
242.20 	whether requiring reimbursement from the parents, either through child support or parental 
242.21 	fees, for the cost of care, examination, or treatment from income and resources attributable 
242.22 	to the child is in the child's best interests. In determining whether to require reimbursement, 
242.23 	the local social services agency shall consider:
242.24 	(1) whether requiring reimbursement would compromise a parent's ability to meet the 
242.25 	child's treatment and rehabilitation needs before the child returns to the parent's home;
242.26 	(2) whether requiring reimbursement would compromise the parent's ability to meet the 
242.27 	child's needs after the child returns home; and
242.28 	(3) whether requiring reimbursement would compromise the parent's ability to meet the 
242.29 	needs of the family.
242.30 	(d) If the local social services agency determines that requiring reimbursement is in the 
242.31 	child's best interests, the court shall order the amount of reimbursement attributable to the 
242.32 	parents or custodian, or attributable to the child, or attributable to both sources, withheld 
242.33 	under chapter 518A from the income of the parents or the custodian of the child. A parent 
242.34 	or custodian who fails to pay without good reason may be proceeded against for contempt, 
243.1 	or the court may inform the county attorney, who shall proceed to collect the unpaid sums, 
243.2 	or both procedures may be used.
243.3 	(e) If the court orders a physical or mental examination for a child, the examination is 
243.4 	a medically necessary service for purposes of determining whether the service is covered 
243.5 	by a health insurance policy, health maintenance contract, or other health coverage plan. 
243.6 	Court-ordered treatment shall be subject to policy, contract, or plan requirements for medical 
243.7 	necessity. Nothing in this paragraph changes or eliminates benefit limits, conditions of 
243.8 	coverage, co-payments or deductibles, provider restrictions, or other requirements in the 
243.9 	policy, contract, or plan that relate to coverage of other medically necessary services.

243.10 	Sec. 4. Minnesota Statutes 2020, section 260C.001, subdivision 3, is amended to read:
243.11 		Subd. 3.Permanency, termination of parental rights, and adoption. The purpose of 
243.12 	the laws relating to permanency, termination of parental rights, and children who come 
243.13 	under the guardianship of the commissioner of human services is to ensure that:
243.14 	(1) when required and appropriate, reasonable efforts have been made by the social 
243.15 	services agency to reunite the child with the child's parents in a home that is safe and 
243.16 	permanent;
243.17 	(2) if placement with the parents is not reasonably foreseeable, to secure for the child a 
243.18 	safe and permanent placement according to the requirements of section 260C.212, subdivision 
243.19 	2, preferably with adoptive parents with a relative through an adoption or a transfer of 
243.20 	permanent legal and physical custody or, if that is not possible or in the best interests of the 
243.21 	child, a fit and willing relative through transfer of permanent legal and physical custody to 
243.22 	that relative with a nonrelative caregiver through adoption; and
243.23 	(3) when a child is under the guardianship of the commissioner of human services, 
243.24 	reasonable efforts are made to finalize an adoptive home for the child in a timely manner.
243.25 	Nothing in this section requires reasonable efforts to prevent placement or to reunify 
243.26 	the child with the parent or guardian to be made in circumstances where the court has 
243.27 	determined that the child has been subjected to egregious harm, when the child is an 
243.28 	abandoned infant, the parent has involuntarily lost custody of another child through a 
243.29 	proceeding under section 260C.515, subdivision 4, or similar law of another state, the 
243.30 	parental rights of the parent to a sibling have been involuntarily terminated, or the court has 
243.31 	determined that reasonable efforts or further reasonable efforts to reunify the child with the 
243.32 	parent or guardian would be futile.
244.1 	The paramount consideration in all proceedings for permanent placement of the child 
244.2 	under sections 260C.503 to 260C.521, or the termination of parental rights is the best interests 
244.3 	of the child. In proceedings involving an American Indian child, as defined in section 
244.4 	260.755, subdivision 8, the best interests of the child must be determined consistent with 
244.5 	the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et seq.

244.6 	Sec. 5. Minnesota Statutes 2020, section 260C.007, subdivision 27, is amended to read:
244.7 		Subd. 27.Relative. "Relative" means a person related to the child by blood, marriage, 
244.8 	or adoption; the legal parent, guardian, or custodian of the child's siblings; or an individual 
244.9 	who is an important friend of the child or of the child's parent or custodian, including an 
244.10 	individual with whom the child has resided or had significant contact or who has a significant 
244.11 	relationship to the child or the child's parent or custodian.

244.12 	Sec. 6. Minnesota Statutes 2020, section 260C.151, subdivision 6, is amended to read:
244.13 		Subd. 6.Immediate custody. If the court makes individualized, explicit findings, based 
244.14 	on the notarized petition or sworn affidavit, that there are reasonable grounds to believe 
244.15 	that the child is in surroundings or conditions which that endanger the child's health, safety, 
244.16 	or welfare that require that responsibility for the child's care and custody be immediately 
244.17 	assumed by the responsible social services agency and that continuation of the child in the 
244.18 	custody of the parent or guardian is contrary to the child's welfare, the court may order that 
244.19 	the officer serving the summons take the child into immediate custody for placement of the 
244.20 	child in foster care, preferably with a relative. In ordering that responsibility for the care, 
244.21 	custody, and control of the child be assumed by the responsible social services agency, the 
244.22 	court is ordering emergency protective care as that term is defined in the juvenile court 
244.23 	rules.

244.24 	Sec. 7. Minnesota Statutes 2020, section 260C.152, subdivision 5, is amended to read:
244.25 		Subd. 5.Notice to foster parents and preadoptive parents and relatives. The foster 
244.26 	parents, if any, of a child and any preadoptive parent or relative providing care for the child 
244.27 	must be provided notice of and a right to be heard in any review or hearing to be held with 
244.28 	respect to the child. Any other relative may also request, and must be granted, a notice and 
244.29 	the opportunity right to be heard under this section. This subdivision does not require that 
244.30 	a foster parent, preadoptive parent, or relative providing care for the child, or any other 
244.31 	relative be made a party to a review or hearing solely on the basis of the notice and right to 
244.32 	be heard.

245.1 	Sec. 8. Minnesota Statutes 2020, section 260C.175, subdivision 2, is amended to read:
245.2 		Subd. 2.Notice to parent or custodian and child; emergency placement with 
245.3 	relative. Whenever (a) At the time that a peace officer takes a child into custody for relative 
245.4 	placement or shelter care or relative placement pursuant to subdivision 1, section 260C.151, 
245.5 	subdivision 5, or section 260C.154, the officer shall notify the child's parent or custodian
245.6 	and the child, if the child is ten years of age or older, that under section 260C.181, subdivision 
245.7 	2, the parent or custodian or the child may request that to place the child be placed with a 
245.8 	relative or a designated caregiver under chapter 257A as defined in section 260C.007, 
245.9 	subdivision 27, instead of in a shelter care facility.
245.10 	(b) When a child who is not alleged to be delinquent is taken into custody pursuant to 
245.11 	subdivision 1, clause (1) or (2), item (ii), and placement with an identified relative is 
245.12 	requested, the peace officer shall coordinate with the responsible social services agency to 
245.13 	ensure the child's safety and well-being and comply with section 260C.181, subdivision 2.
245.14 	(c) The officer also shall give the parent or custodian of the child a list of names, 
245.15 	addresses, and telephone numbers of social services agencies that offer child welfare services. 
245.16 	If the parent or custodian was not present when the child was removed from the residence, 
245.17 	the list shall be left with an adult on the premises or left in a conspicuous place on the 
245.18 	premises if no adult is present. If the officer has reason to believe the parent or custodian 
245.19 	is not able to read and understand English, the officer must provide a list that is written in 
245.20 	the language of the parent or custodian. The list shall be prepared by the commissioner of 
245.21 	human services. The commissioner shall prepare lists for each county and provide each 
245.22 	county with copies of the list without charge. The list shall be reviewed annually by the 
245.23 	commissioner and updated if it is no longer accurate. Neither the commissioner nor any 
245.24 	peace officer or the officer's employer shall be liable to any person for mistakes or omissions 
245.25 	in the list. The list does not constitute a promise that any agency listed will in fact assist the 
245.26 	parent or custodian.

245.27 	Sec. 9. Minnesota Statutes 2020, section 260C.176, subdivision 2, is amended to read:
245.28 		Subd. 2.Reasons for detention. (a) If the child is not released as provided in subdivision 
245.29 	1, the person taking the child into custody shall notify the court as soon as possible of the 
245.30 	detention of the child and the reasons for detention.
245.31 	(b) No child taken into custody and placed in a relative's home or shelter care facility 
245.32 	or relative's home by a peace officer pursuant to section 260C.175, subdivision 1, clause 
245.33 	(1) or (2), item (ii), may be held in custody longer than 72 hours, excluding Saturdays, 
245.34 	Sundays and holidays, unless a petition has been filed and the judge or referee determines 
246.1 	pursuant to section 260C.178 that the child shall remain in custody or unless the court has 
246.2 	made a finding of domestic abuse perpetrated by a minor after a hearing under Laws 1997, 
246.3 	chapter 239, article 10, sections 2 to 26, in which case the court may extend the period of 
246.4 	detention for an additional seven days, within which time the social services agency shall 
246.5 	conduct an assessment and shall provide recommendations to the court regarding voluntary 
246.6 	services or file a child in need of protection or services petition.

246.7 	Sec. 10. Minnesota Statutes 2020, section 260C.178, subdivision 1, is amended to read:
246.8 		Subdivision 1.Hearing and release requirements. (a) If a child was taken into custody 
246.9 	under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a 
246.10 	hearing within 72 hours of the time that the child was taken into custody, excluding 
246.11 	Saturdays, Sundays, and holidays, to determine whether the child should continue to be in 
246.12 	custody.
246.13 	(b) Unless there is reason to believe that the child would endanger self or others or not 
246.14 	return for a court hearing, or that the child's health or welfare would be immediately 
246.15 	endangered, the child shall be released to the custody of a parent, guardian, custodian, or 
246.16 	other suitable person, subject to reasonable conditions of release including, but not limited 
246.17 	to, a requirement that the child undergo a chemical use assessment as provided in section 
246.18 	260C.157, subdivision 1.
246.19 	(c) If the court determines that there is reason to believe that the child would endanger 
246.20 	self or others or not return for a court hearing, or that the child's health or welfare would be 
246.21 	immediately endangered if returned to the care of the parent or guardian who has custody 
246.22 	and from whom the child was removed, the court shall order the child:
246.23 	(1) into the care of the child's noncustodial parent and order the noncustodial parent to 
246.24 	comply with any conditions that the court determines appropriate to ensure the safety and 
246.25 	care of the child, including requiring the noncustodial parent to cooperate with paternity 
246.26 	establishment proceedings if the noncustodial parent has not been adjudicated the child's 
246.27 	father; or
246.28 	(2) into foster care as defined in section 260C.007, subdivision 18, under the legal 
246.29 	responsibility of the responsible social services agency or responsible probation or corrections 
246.30 	agency for the purposes of protective care as that term is used in the juvenile court rules or 
246.31 	into the home of a noncustodial parent and order the noncustodial parent to comply with 
246.32 	any conditions the court determines to be appropriate to the safety and care of the child, 
246.33 	including cooperating with paternity establishment proceedings in the case of a man who 
246.34 	has not been adjudicated the child's father. The court shall not give the responsible social 
247.1 	services legal custody and order a trial home visit at any time prior to adjudication and 
247.2 	disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may order 
247.3 	the child returned to the care of the parent or guardian who has custody and from whom the 
247.4 	child was removed and order the parent or guardian to comply with any conditions the court 
247.5 	determines to be appropriate to meet the safety, health, and welfare of the child.
247.6 	(d) In determining whether the child's health or welfare would be immediately 
247.7 	endangered, the court shall consider whether the child would reside with a perpetrator of 
247.8 	domestic child abuse.
247.9 	(e) The court, before determining whether a child should be placed in or continue in 
247.10 	foster care under the protective care of the responsible agency, shall also make a 
247.11 	determination, consistent with section 260.012 as to whether reasonable efforts were made 
247.12 	to prevent placement or whether reasonable efforts to prevent placement are not required. 
247.13 	In the case of an Indian child, the court shall determine whether active efforts, according 
247.14 	to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25, 
247.15 	section 1912(d), were made to prevent placement. The court shall enter a finding that the 
247.16 	responsible social services agency has made reasonable efforts to prevent placement when 
247.17 	the agency establishes either:
247.18 	(1) that itthe agency has actually provided services or made efforts in an attempt to 
247.19 	prevent the child's removal but that such services or efforts have not proven sufficient to 
247.20 	permit the child to safely remain in the home; or
247.21 	(2) that there are no services or other efforts that could be made at the time of the hearing 
247.22 	that could safely permit the child to remain home or to return home. The court shall not 
247.23 	make a reasonable efforts determination under this clause unless the court is satisfied that 
247.24 	the agency has sufficiently demonstrated to the court that there were no services or other 
247.25 	efforts that the agency was able to provide at the time of the hearing enabling the child to 
247.26 	safely remain home or to safely return home. When reasonable efforts to prevent placement 
247.27 	are required and there are services or other efforts that could be ordered which that would 
247.28 	permit the child to safely return home, the court shall order the child returned to the care of 
247.29 	the parent or guardian and the services or efforts put in place to ensure the child's safety. 
247.30 	When the court makes a prima facie determination that one of the circumstances under 
247.31 	paragraph (g) exists, the court shall determine that reasonable efforts to prevent placement 
247.32 	and to return the child to the care of the parent or guardian are not required.
247.33 	(f) If the court finds the social services agency's preventive or reunification efforts have 
247.34 	not been reasonable but further preventive or reunification efforts could not permit the child 
248.1 	to safely remain at home, the court may nevertheless authorize or continue the removal of 
248.2 	the child.
248.3 	(f) (g) The court may not order or continue the foster care placement of the child unless 
248.4 	the court makes explicit, individualized findings that continued custody of the child by the 
248.5 	parent or guardian would be contrary to the welfare of the child and that placement is in the 
248.6 	best interest of the child.
248.7 	(g) (h) At the emergency removal hearing, or at any time during the course of the 
248.8 	proceeding, and upon notice and request of the county attorney, the court shall determine 
248.9 	whether a petition has been filed stating a prima facie case that:
248.10 	(1) the parent has subjected a child to egregious harm as defined in section 260C.007, 
248.11 	subdivision 14;
248.12 	(2) the parental rights of the parent to another child have been involuntarily terminated;
248.13 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph 
248.14 	(a), clause (2);
248.15 	(4) the parents' custodial rights to another child have been involuntarily transferred to a 
248.16 	relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e), 
248.17 	clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;
248.18 	(5) the parent has committed sexual abuse as defined in section 260E.03, against the 
248.19 	child or another child of the parent;
248.20 	(6) the parent has committed an offense that requires registration as a predatory offender 
248.21 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
248.22 	(7) the provision of services or further services for the purpose of reunification is futile 
248.23 	and therefore unreasonable.
248.24 	(h) (i) When a petition to terminate parental rights is required under section 260C.301, 
248.25 	subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to 
248.26 	proceed with a termination of parental rights petition, and has instead filed a petition to 
248.27 	transfer permanent legal and physical custody to a relative under section 260C.507, the 
248.28 	court shall schedule a permanency hearing within 30 days of the filing of the petition.
248.29 	(i) (j) If the county attorney has filed a petition under section 260C.307, the court shall 
248.30 	schedule a trial under section 260C.163 within 90 days of the filing of the petition except 
248.31 	when the county attorney determines that the criminal case shall proceed to trial first under 
248.32 	section 260C.503, subdivision 2, paragraph (c).
249.1 	(j) (k) If the court determines the child should be ordered into foster care and the child's 
249.2 	parent refuses to give information to the responsible social services agency regarding the 
249.3 	child's father or relatives of the child, the court may order the parent to disclose the names, 
249.4 	addresses, telephone numbers, and other identifying information to the responsible social 
249.5 	services agency for the purpose of complying with sections 260C.150,260C.151, 260C.212, 
249.6 	260C.215, 260C.219, and 260C.221.
249.7 	(k) (l) If a child ordered into foster care has siblings, whether full, half, or step, who are 
249.8 	also ordered into foster care, the court shall inquire of the responsible social services agency 
249.9 	of the efforts to place the children together as required by section 260C.212, subdivision 2, 
249.10 	paragraph (d), if placement together is in each child's best interests, unless a child is in 
249.11 	placement for treatment or a child is placed with a previously noncustodial parent who is 
249.12 	not a parent to all siblings. If the children are not placed together at the time of the hearing, 
249.13 	the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place 
249.14 	the siblings together, as required under section 260.012. If any sibling is not placed with 
249.15 	another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing 
249.16 	contact among the siblings as required under section 260C.212, subdivision 1, unless it is 
249.17 	contrary to the safety or well-being of any of the siblings to do so.
249.18 	(l) (m) When the court has ordered the child into the care of a noncustodial parent or in 
249.19 	foster care or into the home of a noncustodial parent, the court may order a chemical 
249.20 	dependency evaluation, mental health evaluation, medical examination, and parenting 
249.21 	assessment for the parent as necessary to support the development of a plan for reunification 
249.22 	required under subdivision 7 and section 260C.212, subdivision 1, or the child protective 
249.23 	services plan under section 260E.26, and Minnesota Rules, part 9560.0228.

249.24 	Sec. 11. Minnesota Statutes 2020, section 260C.181, subdivision 2, is amended to read:
249.25 		Subd. 2.Least restrictive setting. Notwithstanding the provisions of subdivision 1, if 
249.26 	the child had been taken into custody pursuant to section 260C.175, subdivision 1, clause 
249.27 	(1) or (2), item (ii), and is not alleged to be delinquent, the child shall be detained in the 
249.28 	least restrictive setting consistent with the child's health and welfare and in closest proximity 
249.29 	to the child's family as possible. Placement may be with a child's relative, a designated
249.30 	caregiver under chapter 257A, or, if no placement is available with a relative, in a shelter 
249.31 	care facility. The placing officer shall comply with this section and shall document why a 
249.32 	less restrictive setting will or will not be in the best interests of the child for placement 
249.33 	purposes.

250.1 	Sec. 12. Minnesota Statutes 2020, section 260C.193, subdivision 3, is amended to read:
250.2 		Subd. 3.Best interests of the child. (a) The policy of the state is to ensure that the best 
250.3 	interests of children in foster care, who experience a transfer of permanent legal and physical 
250.4 	custody to a relative under section 260C.515, subdivision 4, or adoption under this chapter, 
250.5 	are met by:
250.6 	(1) considering placement of a child with relatives in the order specified in section 
250.7 	260C.212, subdivision 2, paragraph (a); and
250.8 	(2) requiring individualized determinations under section 260C.212, subdivision 2, 
250.9 	paragraph (b), of the needs of the child and of how the selected home will serve the needs 
250.10 	of the child.
250.11 	(b) No later than three months after a child is ordered to be removed from the care of a 
250.12 	parent in the hearing required under section 260C.202, the court shall review and enter 
250.13 	findings regarding whether the responsible social services agency made:
250.14 	(1) diligent effortsexercised due diligence to identify and, search for, notify, and engage
250.15 	relatives as required under section 260C.221; and
250.16 	(2) made a placement consistent with section 260C.212, subdivision 2, that is based on 
250.17 	an individualized determination as required under section 260C.212, subdivision 2,of the 
250.18 	child's needs to select a home that meets the needs of the child.
250.19 	(c) If the court finds that the agency has not made effortsexercised due diligence as 
250.20 	required under section 260C.221, andthe court shall order the agency to make reasonable 
250.21 	efforts. If there is a relative who qualifies to be licensed to provide family foster care under 
250.22 	chapter 245A, the court may order the child to be placed with the relative consistent with 
250.23 	the child's best interests.
250.24 	(d) If the agency's efforts under section 260C.221 are found by the court to be sufficient, 
250.25 	the court shall order the agency to continue to appropriately engage relatives who responded 
250.26 	to the notice under section 260C.221 in placement and case planning decisions and to 
250.27 	appropriately engage relatives who subsequently come to the agency's attention. A court's 
250.28 	finding that the agency has made reasonable efforts under this paragraph does not relieve 
250.29 	the agency of the duty to continue notifying relatives who come to the agency's attention 
250.30 	and engaging and considering relatives who respond to the notice under section 260C.221 
250.31 	in child placement and case planning decisions.
250.32 	(e) If the child's birth parent or parents explicitly request requests that a specific relative 
250.33 	or important friend not be considered for placement of the child, the court shall honor that 
251.1 	request if it is consistent with the best interests of the child and consistent with the 
251.2 	requirements of section 260C.221. The court shall not waive relative search, notice, and 
251.3 	consideration requirements, unless section 260C.139 applies. If the child's birth parent or 
251.4 	parents express expresses a preference for placing the child in a foster or adoptive home of 
251.5 	the same or a similar religious background to as that of the birth parent or parents, the court 
251.6 	shall order placement of the child with an individual who meets the birth parent's religious 
251.7 	preference.
251.8 	(f) Placement of a child cannot must not be delayed or denied based on race, color, or 
251.9 	national origin of the foster parent or the child.
251.10 	(g) Whenever possible, siblings requiring foster care placement should shall be placed 
251.11 	together unless it is determined not to be in the best interests of one or more of the siblings 
251.12 	after weighing the benefits of separate placement against the benefits of sibling connections 
251.13 	for each sibling. The agency shall consider section 260C.008 when making this determination. 
251.14 	If siblings were not placed together according to section 260C.212, subdivision 2, paragraph 
251.15 	(d), the responsible social services agency shall report to the court the efforts made to place 
251.16 	the siblings together and why the efforts were not successful. If the court is not satisfied 
251.17 	that the agency has made reasonable efforts to place siblings together, the court must order 
251.18 	the agency to make further reasonable efforts. If siblings are not placed together, the court 
251.19 	shall order the responsible social services agency to implement the plan for visitation among 
251.20 	siblings required as part of the out-of-home placement plan under section 260C.212.
251.21 	(h) This subdivision does not affect the Indian Child Welfare Act, United States Code, 
251.22 	title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections 
251.23 	260.751 to 260.835.

251.24 	Sec. 13. Minnesota Statutes 2020, section 260C.201, subdivision 1, is amended to read:
251.25 		Subdivision 1.Dispositions. (a) If the court finds that the child is in need of protection 
251.26 	or services or neglected and in foster care, it the court shall enter an order making any of 
251.27 	the following dispositions of the case:
251.28 	(1) place the child under the protective supervision of the responsible social services 
251.29 	agency or child-placing agency in the home of a parent of the child under conditions 
251.30 	prescribed by the court directed to the correction of the child's need for protection or services:
251.31 	(i) the court may order the child into the home of a parent who does not otherwise have 
251.32 	legal custody of the child, however, an order under this section does not confer legal custody 
251.33 	on that parent;
252.1 	(ii) if the court orders the child into the home of a father who is not adjudicated, the 
252.2 	father must cooperate with paternity establishment proceedings regarding the child in the 
252.3 	appropriate jurisdiction as one of the conditions prescribed by the court for the child to 
252.4 	continue in the father's home; and
252.5 	(iii) the court may order the child into the home of a noncustodial parent with conditions 
252.6 	and may also order both the noncustodial and the custodial parent to comply with the 
252.7 	requirements of a case plan under subdivision 2; or
252.8 	(2) transfer legal custody to one of the following:
252.9 	(i) a child-placing agency; or
252.10 	(ii) the responsible social services agency. In making a foster care placement for of a 
252.11 	child whose custody has been transferred under this subdivision, the agency shall make an 
252.12 	individualized determination of how the placement is in the child's best interests using the
252.13 	placement consideration order for relatives, and the best interest factors in section 260C.212, 
252.14 	subdivision 2, paragraph (b), and may include a child colocated with a parent in a licensed 
252.15 	residential family-based substance use disorder treatment program under section 260C.190; 
252.16 	or
252.17 	(3) order a trial home visit without modifying the transfer of legal custody to the 
252.18 	responsible social services agency under clause (2). Trial home visit means the child is 
252.19 	returned to the care of the parent or guardian from whom the child was removed for a period 
252.20 	not to exceed six months. During the period of the trial home visit, the responsible social 
252.21 	services agency:
252.22 	(i) shall continue to have legal custody of the child, which means that the agency may 
252.23 	see the child in the parent's home, at school, in a child care facility, or other setting as the 
252.24 	agency deems necessary and appropriate;
252.25 	(ii) shall continue to have the ability to access information under section 260C.208;
252.26 	(iii) shall continue to provide appropriate services to both the parent and the child during 
252.27 	the period of the trial home visit;
252.28 	(iv) without previous court order or authorization, may terminate the trial home visit in 
252.29 	order to protect the child's health, safety, or welfare and may remove the child to foster care;
252.30 	(v) shall advise the court and parties within three days of the termination of the trial 
252.31 	home visit when a visit is terminated by the responsible social services agency without a 
252.32 	court order; and
253.1 	(vi) shall prepare a report for the court when the trial home visit is terminated whether 
253.2 	by the agency or court order which that describes the child's circumstances during the trial 
253.3 	home visit and recommends appropriate orders, if any, for the court to enter to provide for 
253.4 	the child's safety and stability. In the event a trial home visit is terminated by the agency 
253.5 	by removing the child to foster care without prior court order or authorization, the court 
253.6 	shall conduct a hearing within ten days of receiving notice of the termination of the trial 
253.7 	home visit by the agency and shall order disposition under this subdivision or commence 
253.8 	permanency proceedings under sections 260C.503 to 260C.515. The time period for the 
253.9 	hearing may be extended by the court for good cause shown and if it is in the best interests 
253.10 	of the child as long as the total time the child spends in foster care without a permanency 
253.11 	hearing does not exceed 12 months;
253.12 	(4) if the child has been adjudicated as a child in need of protection or services because 
253.13 	the child is in need of special services or care to treat or ameliorate a physical or mental 
253.14 	disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court 
253.15 	may order the child's parent, guardian, or custodian to provide it. The court may order the 
253.16 	child's health plan company to provide mental health services to the child. Section 62Q.535 
253.17 	applies to an order for mental health services directed to the child's health plan company. 
253.18 	If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment 
253.19 	or care, the court may order it provided. Absent specific written findings by the court that 
253.20 	the child's disability is the result of abuse or neglect by the child's parent or guardian, the 
253.21 	court shall not transfer legal custody of the child for the purpose of obtaining special 
253.22 	treatment or care solely because the parent is unable to provide the treatment or care. If the 
253.23 	court's order for mental health treatment is based on a diagnosis made by a treatment 
253.24 	professional, the court may order that the diagnosing professional not provide the treatment 
253.25 	to the child if it finds that such an order is in the child's best interests; or
253.26 	(5) if the court believes that the child has sufficient maturity and judgment and that it is 
253.27 	in the best interests of the child, the court may order a child 16 years old or older to be 
253.28 	allowed to live independently, either alone or with others as approved by the court under 
253.29 	supervision the court considers appropriate, if the county board, after consultation with the 
253.30 	court, has specifically authorized this dispositional alternative for a child.
253.31 	(b) If the child was adjudicated in need of protection or services because the child is a 
253.32 	runaway or habitual truant, the court may order any of the following dispositions in addition 
253.33 	to or as alternatives to the dispositions authorized under paragraph (a):
253.34 	(1) counsel the child or the child's parents, guardian, or custodian;
254.1 	(2) place the child under the supervision of a probation officer or other suitable person 
254.2 	in the child's own home under conditions prescribed by the court, including reasonable rules 
254.3 	for the child's conduct and the conduct of the parents, guardian, or custodian, designed for 
254.4 	the physical, mental, and moral well-being and behavior of the child;
254.5 	(3) subject to the court's supervision, transfer legal custody of the child to one of the 
254.6 	following:
254.7 	(i) a reputable person of good moral character. No person may receive custody of two 
254.8 	or more unrelated children unless licensed to operate a residential program under sections 
254.9 	245A.01 to 245A.16; or
254.10 	(ii) a county probation officer for placement in a group foster home established under 
254.11 	the direction of the juvenile court and licensed pursuant to section 241.021;
254.12 	(4) require the child to pay a fine of up to $100. The court shall order payment of the 
254.13 	fine in a manner that will not impose undue financial hardship upon the child;
254.14 	(5) require the child to participate in a community service project;
254.15 	(6) order the child to undergo a chemical dependency evaluation and, if warranted by 
254.16 	the evaluation, order participation by the child in a drug awareness program or an inpatient 
254.17 	or outpatient chemical dependency treatment program;
254.18 	(7) if the court believes that it is in the best interests of the child or of public safety that 
254.19 	the child's driver's license or instruction permit be canceled, the court may order the 
254.20 	commissioner of public safety to cancel the child's license or permit for any period up to 
254.21 	the child's 18th birthday. If the child does not have a driver's license or permit, the court 
254.22 	may order a denial of driving privileges for any period up to the child's 18th birthday. The 
254.23 	court shall forward an order issued under this clause to the commissioner, who shall cancel 
254.24 	the license or permit or deny driving privileges without a hearing for the period specified 
254.25 	by the court. At any time before the expiration of the period of cancellation or denial, the 
254.26 	court may, for good cause, order the commissioner of public safety to allow the child to 
254.27 	apply for a license or permit, and the commissioner shall so authorize;
254.28 	(8) order that the child's parent or legal guardian deliver the child to school at the 
254.29 	beginning of each school day for a period of time specified by the court; or
254.30 	(9) require the child to perform any other activities or participate in any other treatment 
254.31 	programs deemed appropriate by the court.
254.32 	To the extent practicable, the court shall enter a disposition order the same day it makes 
254.33 	a finding that a child is in need of protection or services or neglected and in foster care, but 
255.1 	in no event more than 15 days after the finding unless the court finds that the best interests 
255.2 	of the child will be served by granting a delay. If the child was under eight years of age at 
255.3 	the time the petition was filed, the disposition order must be entered within ten days of the 
255.4 	finding and the court may not grant a delay unless good cause is shown and the court finds 
255.5 	the best interests of the child will be served by the delay.
255.6 	(c) If a child who is 14 years of age or older is adjudicated in need of protection or 
255.7 	services because the child is a habitual truant and truancy procedures involving the child 
255.8 	were previously dealt with by a school attendance review board or county attorney mediation 
255.9 	program under section 260A.06 or 260A.07, the court shall order a cancellation or denial 
255.10 	of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th 
255.11 	birthday.
255.12 	(d) In the case of a child adjudicated in need of protection or services because the child 
255.13 	has committed domestic abuse and been ordered excluded from the child's parent's home, 
255.14 	the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing 
255.15 	to provide an alternative safe living arrangement for the child, as defined in Laws 1997, 
255.16 	chapter 239, article 10, section 2.
255.17 	(e) When a parent has complied with a case plan ordered under subdivision 6 and the 
255.18 	child is in the care of the parent, the court may order the responsible social services agency 
255.19 	to monitor the parent's continued ability to maintain the child safely in the home under such 
255.20 	terms and conditions as the court determines appropriate under the circumstances.

255.21 	Sec. 14. Minnesota Statutes 2020, section 260C.201, subdivision 2, is amended to read:
255.22 		Subd. 2.Written findings. (a) Any order for a disposition authorized under this section 
255.23 	shall contain written findings of fact to support the disposition and case plan ordered and 
255.24 	shall also set forth in writing the following information:
255.25 	(1) why the best interests and safety of the child are served by the disposition and case 
255.26 	plan ordered;
255.27 	(2) what alternative dispositions or services under the case plan were considered by the 
255.28 	court and why such dispositions or services were not appropriate in the instant case;
255.29 	(3) when legal custody of the child is transferred, the appropriateness of the particular 
255.30 	placement made or to be made by the placing agency using the relative and sibling placement 
255.31 	considerations and best interest factors in section 260C.212, subdivision 2, paragraph (b), 
255.32 	or the appropriateness of a child colocated with a parent in a licensed residential family-based 
255.33 	substance use disorder treatment program under section 260C.190;
256.1 	(4) whether reasonable efforts to finalize the permanent plan for the child consistent 
256.2 	with section 260.012 were made including reasonable efforts:
256.3 	(i) to prevent the child's placement and to reunify the child with the parent or guardian 
256.4 	from whom the child was removed at the earliest time consistent with the child's safety. 
256.5 	The court's findings must include a brief description of what preventive and reunification 
256.6 	efforts were made and why further efforts could not have prevented or eliminated the 
256.7 	necessity of removal or that reasonable efforts were not required under section 260.012 or 
256.8 	260C.178, subdivision 1;
256.9 	(ii) to identify and locate any noncustodial or nonresident parent of the child and to 
256.10 	assess such parent's ability to provide day-to-day care of the child, and, where appropriate, 
256.11 	provide services necessary to enable the noncustodial or nonresident parent to safely provide 
256.12 	day-to-day care of the child as required under section 260C.219, unless such services are 
256.13 	not required under section 260.012 or 260C.178, subdivision 1;. The court's findings must 
256.14 	include a description of the agency's efforts to:
256.15 	(A) identify and locate the child's noncustodial or nonresident parent;
256.16 	(B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of 
256.17 	the child; and
256.18 	(C) if appropriate, provide services necessary to enable the noncustodial or nonresident 
256.19 	parent to safely provide the child's day-to-day care, including efforts to engage the 
256.20 	noncustodial or nonresident parent in assuming care and responsibility of the child;
256.21 	(iii) to make the diligent search for relatives and provide the notices required under 
256.22 	section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the 
256.23 	agency has made diligent efforts to conduct a relative search and has appropriately engaged 
256.24 	relatives who responded to the notice under section 260C.221 and other relatives, who came 
256.25 	to the attention of the agency after notice under section 260C.221 was sent, in placement 
256.26 	and case planning decisions fulfills the requirement of this item;
256.27 	(iv) to identify and make a foster care placement of the child, considering the order in 
256.28 	section 260C.212, subdivision 2, paragraph (a), in the home of an unlicensed relative, 
256.29 	according to the requirements of section 245A.035, a licensed relative, or other licensed 
256.30 	foster care provider, who will commit to being the permanent legal parent or custodian for 
256.31 	the child in the event reunification cannot occur, but who will actively support the 
256.32 	reunification plan for the child. If the court finds that the agency has not appropriately 
256.33 	considered relatives for placement of the child, the court shall order the agency to comply 
256.34 	with section 260C.212, subdivision 2, paragraph (a). The court may order the agency to 
257.1 	continue considering relatives for placement of the child regardless of the child's current 
257.2 	placement setting; and
257.3 	(v) to place siblings together in the same home or to ensure visitation is occurring when 
257.4 	siblings are separated in foster care placement and visitation is in the siblings' best interests 
257.5 	under section 260C.212, subdivision 2, paragraph (d); and
257.6 	(5) if the child has been adjudicated as a child in need of protection or services because 
257.7 	the child is in need of special services or care to treat or ameliorate a mental disability or 
257.8 	emotional disturbance as defined in section 245.4871, subdivision 15, the written findings 
257.9 	shall also set forth:
257.10 	(i) whether the child has mental health needs that must be addressed by the case plan;
257.11 	(ii) what consideration was given to the diagnostic and functional assessments performed 
257.12 	by the child's mental health professional and to health and mental health care professionals' 
257.13 	treatment recommendations;
257.14 	(iii) what consideration was given to the requests or preferences of the child's parent or 
257.15 	guardian with regard to the child's interventions, services, or treatment; and
257.16 	(iv) what consideration was given to the cultural appropriateness of the child's treatment 
257.17 	or services.
257.18 	(b) If the court finds that the social services agency's preventive or reunification efforts 
257.19 	have not been reasonable but that further preventive or reunification efforts could not permit 
257.20 	the child to safely remain at home, the court may nevertheless authorize or continue the 
257.21 	removal of the child.
257.22 	(c) If the child has been identified by the responsible social services agency as the subject 
257.23 	of concurrent permanency planning, the court shall review the reasonable efforts of the 
257.24 	agency to develop a permanency plan for the child that includes a primary plan which that
257.25 	is for reunification with the child's parent or guardian and a secondary plan which that is 
257.26 	for an alternative, legally permanent home for the child in the event reunification cannot 
257.27 	be achieved in a timely manner.

257.28 	Sec. 15. Minnesota Statutes 2020, section 260C.202, is amended to read:
257.29 	260C.202 COURT REVIEW OF FOSTER CARE.
257.30 	(a) If the court orders a child placed in foster care, the court shall review the out-of-home 
257.31 	placement plan and the child's placement at least every 90 days as required in juvenile court 
257.32 	rules to determine whether continued out-of-home placement is necessary and appropriate 
258.1 	or whether the child should be returned home. This review is not required if the court has 
258.2 	returned the child home, ordered the child permanently placed away from the parent under 
258.3 	sections 260C.503 to 260C.521, or terminated rights under section 260C.301. Court review 
258.4 	for a child permanently placed away from a parent, including where the child is under 
258.5 	guardianship of the commissioner, shall be governed by section 260C.607. When a child 
258.6 	is placed in a qualified residential treatment program setting as defined in section 260C.007, 
258.7 	subdivision 26d, the responsible social services agency must submit evidence to the court 
258.8 	as specified in section 260C.712.
258.9 	(b) No later than three months after the child's placement in foster care, the court shall 
258.10 	review agency efforts to search for and notify relatives pursuant to section 260C.221, and 
258.11 	order that the agency's efforts begin immediately, or continue, if the agency has failed to 
258.12 	perform, or has not adequately performed, the duties under that section. The court must 
258.13 	order the agency to continue to appropriately engage relatives who responded to the notice 
258.14 	under section 260C.221 in placement and case planning decisions and to consider relatives 
258.15 	for foster care placement consistent with section 260C.221. Notwithstanding a court's finding 
258.16 	that the agency has made reasonable efforts to search for and notify relatives under section 
258.17 	260C.221, the court may order the agency to continue making reasonable efforts to search 
258.18 	for, notify, engage other, and consider relatives who came to the agency's attention after 
258.19 	sending the initial notice under section 260C.221was sent.
258.20 	(c) The court shall review the out-of-home placement plan and may modify the plan as 
258.21 	provided under section 260C.201, subdivisions 6 and 7.
258.22 	(d) When the court orders transfer of transfers the custody of a child to a responsible 
258.23 	social services agency resulting in foster care or protective supervision with a noncustodial 
258.24 	parent under subdivision 1, the court shall notify the parents of the provisions of sections 
258.25 	260C.204 and 260C.503 to 260C.521, as required under juvenile court rules.
258.26 	(e) When a child remains in or returns to foster care pursuant to section 260C.451 and 
258.27 	the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the 
258.28 	court shall at least annually conduct the review required under section 260C.203.

258.29 	Sec. 16. Minnesota Statutes 2020, section 260C.203, is amended to read:
258.30 	260C.203 ADMINISTRATIVE OR COURT REVIEW OF PLACEMENTS.
258.31 	(a) Unless the court is conducting the reviews required under section 260C.202, there 
258.32 	shall be an administrative review of the out-of-home placement plan of each child placed 
258.33 	in foster care no later than 180 days after the initial placement of the child in foster care 
259.1 	and at least every six months thereafter if the child is not returned to the home of the parent 
259.2 	or parents within that time. The out-of-home placement plan must be monitored and updated 
259.3 	by the responsible social services agency at each administrative review. The administrative 
259.4 	review shall be conducted by the responsible social services agency using a panel of 
259.5 	appropriate persons at least one of whom is not responsible for the case management of, or 
259.6 	the delivery of services to, either the child or the parents who are the subject of the review. 
259.7 	The administrative review shall be open to participation by the parent or guardian of the 
259.8 	child and the child, as appropriate.
259.9 	(b) As an alternative to the administrative review required in paragraph (a), the court 
259.10 	may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 
259.11 	Procedure, conduct a hearing to monitor and update the out-of-home placement plan pursuant 
259.12 	to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). The party 
259.13 	requesting review of the out-of-home placement plan shall give parties to the proceeding 
259.14 	notice of the request to review and update the out-of-home placement plan. A court review 
259.15 	conducted pursuant to section 260C.141, subdivision 2; 260C.193; 260C.201, subdivision 
259.16 	1; 260C.202; 260C.204; 260C.317; or 260D.06 shall satisfy the requirement for the review 
259.17 	so long as the other requirements of this section are met.
259.18 	(c) As appropriate to the stage of the proceedings and relevant court orders, the 
259.19 	responsible social services agency or the court shall review:
259.20 	(1) the safety, permanency needs, and well-being of the child;
259.21 	(2) the continuing necessity for and appropriateness of the placement, including whether 
259.22 	the placement is consistent with the child's best interests and other placement considerations, 
259.23 	including relative and sibling placement considerations under section 260C.212, subdivision 
259.24 	2;
259.25 	(3) the extent of compliance with the out-of-home placement plan required under section 
259.26 	260C.212, subdivisions 1 and 1a, including services and resources that the agency has 
259.27 	provided to the child and child's parents, services and resources that other agencies and 
259.28 	individuals have provided to the child and child's parents, and whether the out-of-home 
259.29 	placement plan is individualized to the needs of the child and child's parents;
259.30 	(4) the extent of progress that has been made toward alleviating or mitigating the causes 
259.31 	necessitating placement in foster care;
259.32 	(5) the projected date by which the child may be returned to and safely maintained in 
259.33 	the home or placed permanently away from the care of the parent or parents or guardian; 
259.34 	and
260.1 	(6) the appropriateness of the services provided to the child.
260.2 	(d) When a child is age 14 or older:
260.3 	(1) in addition to any administrative review conducted by the responsible social services 
260.4 	agency, at the in-court review required under section 260C.317, subdivision 3, clause (3), 
260.5 	or 260C.515, subdivision 5 or 6, the court shall review the independent living plan required 
260.6 	under section 260C.212, subdivision 1, paragraph (c), clause (12), and the provision of 
260.7 	services to the child related to the well-being of the child as the child prepares to leave foster 
260.8 	care. The review shall include the actual plans related to each item in the plan necessary to 
260.9 	the child's future safety and well-being when the child is no longer in foster care; and
260.10 	(2) consistent with the requirements of the independent living plan, the court shall review 
260.11 	progress toward or accomplishment of the following goals:
260.12 	(i) the child has obtained a high school diploma or its equivalent;
260.13 	(ii) the child has completed a driver's education course or has demonstrated the ability 
260.14 	to use public transportation in the child's community;
260.15 	(iii) the child is employed or enrolled in postsecondary education;
260.16 	(iv) the child has applied for and obtained postsecondary education financial aid for 
260.17 	which the child is eligible;
260.18 	(v) the child has health care coverage and health care providers to meet the child's 
260.19 	physical and mental health needs;
260.20 	(vi) the child has applied for and obtained disability income assistance for which the 
260.21 	child is eligible;
260.22 	(vii) the child has obtained affordable housing with necessary supports, which does not 
260.23 	include a homeless shelter;
260.24 	(viii) the child has saved sufficient funds to pay for the first month's rent and a damage 
260.25 	deposit;
260.26 	(ix) the child has an alternative affordable housing plan, which does not include a 
260.27 	homeless shelter, if the original housing plan is unworkable;
260.28 	(x) the child, if male, has registered for the Selective Service; and
260.29 	(xi) the child has a permanent connection to a caring adult.

261.1 	Sec. 17. Minnesota Statutes 2020, section 260C.204, is amended to read:
261.2 	260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER 
261.3 	CARE FOR SIX MONTHS.
261.4 	(a) When a child continues in placement out of the home of the parent or guardian from 
261.5 	whom the child was removed, no later than six months after the child's placement the court 
261.6 	shall conduct a permanency progress hearing to review:
261.7 	(1) the progress of the case, the parent's progress on the case plan or out-of-home 
261.8 	placement plan, whichever is applicable;
261.9 	(2) the agency's reasonable, or in the case of an Indian child, active efforts for 
261.10 	reunification and its provision of services;
261.11 	(3) the agency's reasonable efforts to finalize the permanent plan for the child under 
261.12 	section 260.012, paragraph (e), and to make a placement as required under section 260C.212, 
261.13 	subdivision 2, in a home that will commit to being the legally permanent family for the 
261.14 	child in the event the child cannot return home according to the timelines in this section; 
261.15 	and
261.16 	(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian 
261.17 	family and to make a placement according to the placement preferences under United States 
261.18 	Code, title 25, chapter 21, section 1915.
261.19 	(b) When a child is placed in a qualified residential treatment program setting as defined 
261.20 	in section 260C.007, subdivision 26d, the responsible social services agency must submit 
261.21 	evidence to the court as specified in section 260C.712.
261.22 	(c) The court shall ensure that notice of the hearing is sent to any relative who:
261.23 	(1) responded to the agency's notice provided under section 260C.221, indicating an 
261.24 	interest in participating in planning for the child or being a permanency resource for the 
261.25 	child and who has kept the court apprised of the relative's address; or
261.26 	(2) asked to be notified of court proceedings regarding the child as is permitted in section 
261.27 	260C.152, subdivision 5.
261.28 	(d)(1) If the parent or guardian has maintained contact with the child and is complying 
261.29 	with the court-ordered out-of-home placement plan, and if the child would benefit from 
261.30 	reunification with the parent, the court may either:
262.1 	(i) return the child home, if the conditions which that led to the out-of-home placement 
262.2 	have been sufficiently mitigated that it is safe and in the child's best interests to return home; 
262.3 	or
262.4 	(ii) continue the matter up to a total of six additional months. If the child has not returned 
262.5 	home by the end of the additional six months, the court must conduct a hearing according 
262.6 	to sections 260C.503 to 260C.521.
262.7 	(2) If the court determines that the parent or guardian is not complying, is not making 
262.8 	progress with or engaging with services in the out-of-home placement plan, or is not 
262.9 	maintaining regular contact with the child as outlined in the visitation plan required as part 
262.10 	of the out-of-home placement plan under section 260C.212, the court may order the 
262.11 	responsible social services agency:
262.12 	(i) to develop a plan for legally permanent placement of the child away from the parent;
262.13 	(ii) to consider, identify, recruit, and support one or more permanency resources from 
262.14 	the child's relatives and foster parent, consistent with section 260C.212, subdivision 2, 
262.15 	paragraph (a), to be the legally permanent home in the event the child cannot be returned 
262.16 	to the parent. Any relative or the child's foster parent may ask the court to order the agency 
262.17 	to consider them for permanent placement of the child in the event the child cannot be 
262.18 	returned to the parent. A relative or foster parent who wants to be considered under this 
262.19 	item shall cooperate with the background study required under section 245C.08, if the 
262.20 	individual has not already done so, and with the home study process required under chapter 
262.21 	245A for providing child foster care and for adoption under section 259.41. The home study 
262.22 	referred to in this item shall be a single-home study in the form required by the commissioner 
262.23 	of human services or similar study required by the individual's state of residence when the 
262.24 	subject of the study is not a resident of Minnesota. The court may order the responsible 
262.25 	social services agency to make a referral under the Interstate Compact on the Placement of 
262.26 	Children when necessary to obtain a home study for an individual who wants to be considered 
262.27 	for transfer of permanent legal and physical custody or adoption of the child; and
262.28 	(iii) to file a petition to support an order for the legally permanent placement plan.
262.29 	(e) Following the review under this section:
262.30 	(1) if the court has either returned the child home or continued the matter up to a total 
262.31 	of six additional months, the agency shall continue to provide services to support the child's 
262.32 	return home or to make reasonable efforts to achieve reunification of the child and the parent 
262.33 	as ordered by the court under an approved case plan;
263.1 	(2) if the court orders the agency to develop a plan for the transfer of permanent legal 
263.2 	and physical custody of the child to a relative, a petition supporting the plan shall be filed 
263.3 	in juvenile court within 30 days of the hearing required under this section and a trial on the 
263.4 	petition held within 60 days of the filing of the pleadings; or
263.5 	(3) if the court orders the agency to file a termination of parental rights, unless the county 
263.6 	attorney can show cause why a termination of parental rights petition should not be filed, 
263.7 	a petition for termination of parental rights shall be filed in juvenile court within 30 days 
263.8 	of the hearing required under this section and a trial on the petition held within 60 days of 
263.9 	the filing of the petition.

263.10 	Sec. 18. Minnesota Statutes 2021 Supplement, section 260C.212, subdivision 1, is amended 
263.11 	to read:
263.12 		Subdivision 1.Out-of-home placement; plan. (a) An out-of-home placement plan shall 
263.13 	be prepared within 30 days after any child is placed in foster care by court order or a 
263.14 	voluntary placement agreement between the responsible social services agency and the 
263.15 	child's parent pursuant to section 260C.227 or chapter 260D.
263.16 	(b) An out-of-home placement plan means a written document which individualized to 
263.17 	the needs of the child and the child's parents or guardians that is prepared by the responsible 
263.18 	social services agency jointly with the parent or parents or guardian of the child the child's 
263.19 	parents or guardians and in consultation with the child's guardian ad litem,; the child's tribe, 
263.20 	if the child is an Indian child,; the child's foster parent or representative of the foster care 
263.21 	facility,; and, where when appropriate, the child. When a child is age 14 or older, the child 
263.22 	may include two other individuals on the team preparing the child's out-of-home placement 
263.23 	plan. The child may select one member of the case planning team to be designated as the 
263.24 	child's advisor and to advocate with respect to the application of the reasonable and prudent 
263.25 	parenting standards. The responsible social services agency may reject an individual selected 
263.26 	by the child if the agency has good cause to believe that the individual would not act in the 
263.27 	best interest of the child. For a child in voluntary foster care for treatment under chapter 
263.28 	260D, preparation of the out-of-home placement plan shall additionally include the child's 
263.29 	mental health treatment provider. For a child 18 years of age or older, the responsible social 
263.30 	services agency shall involve the child and the child's parents as appropriate. As appropriate, 
263.31 	the plan shall be:
263.32 	(1) submitted to the court for approval under section 260C.178, subdivision 7;
263.33 	(2) ordered by the court, either as presented or modified after hearing, under section 
263.34 	260C.178, subdivision 7, or 260C.201, subdivision 6; and
264.1 	(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, 
264.2 	a representative of the child's tribe, the responsible social services agency, and, if possible, 
264.3 	the child.
264.4 	(c) The out-of-home placement plan shall be explained by the responsible social services 
264.5 	agency to all persons involved in its the plan's implementation, including the child who has 
264.6 	signed the plan, and shall set forth:
264.7 	(1) a description of the foster care home or facility selected, including how the 
264.8 	out-of-home placement plan is designed to achieve a safe placement for the child in the 
264.9 	least restrictive, most family-like, setting available which that is in close proximity to the 
264.10 	home of the parent or child's parents or guardian of the child guardians when the case plan 
264.11 	goal is reunification,; and how the placement is consistent with the best interests and special 
264.12 	needs of the child according to the factors under subdivision 2, paragraph (b);
264.13 	(2) the specific reasons for the placement of the child in foster care, and when 
264.14 	reunification is the plan, a description of the problems or conditions in the home of the 
264.15 	parent or parents which that necessitated removal of the child from home and the changes 
264.16 	the parent or parents must make for the child to safely return home;
264.17 	(3) a description of the services offered and provided to prevent removal of the child 
264.18 	from the home and to reunify the family including:
264.19 	(i) the specific actions to be taken by the parent or parents of the child to eliminate or 
264.20 	correct the problems or conditions identified in clause (2), and the time period during which 
264.21 	the actions are to be taken; and
264.22 	(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to 
264.23 	achieve a safe and stable home for the child including social and other supportive services 
264.24 	to be provided or offered to the parent or parents or guardian of the child, the child, and the 
264.25 	residential facility during the period the child is in the residential facility;
264.26 	(4) a description of any services or resources that were requested by the child or the 
264.27 	child's parent, guardian, foster parent, or custodian since the date of the child's placement 
264.28 	in the residential facility, and whether those services or resources were provided and if not, 
264.29 	the basis for the denial of the services or resources;
264.30 	(5) the visitation plan for the parent or parents or guardian, other relatives as defined in 
264.31 	section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not 
264.32 	placed together in foster care, and whether visitation is consistent with the best interest of 
264.33 	the child, during the period the child is in foster care;
265.1 	(6) when a child cannot return to or be in the care of either parent, documentation of 
265.2 	steps to finalize adoption as the permanency plan for the child through reasonable efforts 
265.3 	to place the child for adoption pursuant to section 260C.605. At a minimum, the 
265.4 	documentation must include consideration of whether adoption is in the best interests of 
265.5 	the child, and child-specific recruitment efforts such as a relative search, consideration of 
265.6 	relatives for adoptive placement, and the use of state, regional, and national adoption 
265.7 	exchanges to facilitate orderly and timely placements in and outside of the state. A copy of 
265.8 	this documentation shall be provided to the court in the review required under section 
265.9 	260C.317, subdivision 3, paragraph (b);
265.10 	(7) when a child cannot return to or be in the care of either parent, documentation of 
265.11 	steps to finalize the transfer of permanent legal and physical custody to a relative as the 
265.12 	permanency plan for the child. This documentation must support the requirements of the 
265.13 	kinship placement agreement under section 256N.22 and must include the reasonable efforts 
265.14 	used to determine that it is not appropriate for the child to return home or be adopted, and 
265.15 	reasons why permanent placement with a relative through a Northstar kinship assistance 
265.16 	arrangement is in the child's best interest; how the child meets the eligibility requirements 
265.17 	for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's 
265.18 	relative foster parent and reasons why the relative foster parent chose not to pursue adoption, 
265.19 	if applicable; and agency efforts to discuss with the child's parent or parents the permanent 
265.20 	transfer of permanent legal and physical custody or the reasons why these efforts were not 
265.21 	made;
265.22 	(8) efforts to ensure the child's educational stability while in foster care for a child who 
265.23 	attained the minimum age for compulsory school attendance under state law and is enrolled 
265.24 	full time in elementary or secondary school, or instructed in elementary or secondary 
265.25 	education at home, or instructed in an independent study elementary or secondary program, 
265.26 	or incapable of attending school on a full-time basis due to a medical condition that is 
265.27 	documented and supported by regularly updated information in the child's case plan. 
265.28 	Educational stability efforts include:
265.29 	(i) efforts to ensure that the child remains in the same school in which the child was 
265.30 	enrolled prior to placement or upon the child's move from one placement to another, including 
265.31 	efforts to work with the local education authorities to ensure the child's educational stability 
265.32 	and attendance; or
265.33 	(ii) if it is not in the child's best interest to remain in the same school that the child was 
265.34 	enrolled in prior to placement or move from one placement to another, efforts to ensure 
265.35 	immediate and appropriate enrollment for the child in a new school;
266.1 	(9) the educational records of the child including the most recent information available 
266.2 	regarding:
266.3 	(i) the names and addresses of the child's educational providers;
266.4 	(ii) the child's grade level performance;
266.5 	(iii) the child's school record;
266.6 	(iv) a statement about how the child's placement in foster care takes into account 
266.7 	proximity to the school in which the child is enrolled at the time of placement; and
266.8 	(v) any other relevant educational information;
266.9 	(10) the efforts by the responsible social services agency to ensure the oversight and 
266.10 	continuity of health care services for the foster child, including:
266.11 	(i) the plan to schedule the child's initial health screens;
266.12 	(ii) how the child's known medical problems and identified needs from the screens, 
266.13 	including any known communicable diseases, as defined in section 144.4172, subdivision 
266.14 	2, shall be monitored and treated while the child is in foster care;
266.15 	(iii) how the child's medical information shall be updated and shared, including the 
266.16 	child's immunizations;
266.17 	(iv) who is responsible to coordinate and respond to the child's health care needs, 
266.18 	including the role of the parent, the agency, and the foster parent;
266.19 	(v) who is responsible for oversight of the child's prescription medications;
266.20 	(vi) how physicians or other appropriate medical and nonmedical professionals shall be 
266.21 	consulted and involved in assessing the health and well-being of the child and determine 
266.22 	the appropriate medical treatment for the child; and
266.23 	(vii) the responsibility to ensure that the child has access to medical care through either 
266.24 	medical insurance or medical assistance;
266.25 	(11) the health records of the child including information available regarding:
266.26 	(i) the names and addresses of the child's health care and dental care providers;
266.27 	(ii) a record of the child's immunizations;
266.28 	(iii) the child's known medical problems, including any known communicable diseases 
266.29 	as defined in section 144.4172, subdivision 2;
266.30 	(iv) the child's medications; and
267.1 	(v) any other relevant health care information such as the child's eligibility for medical 
267.2 	insurance or medical assistance;
267.3 	(12) an independent living plan for a child 14 years of age or older, developed in 
267.4 	consultation with the child. The child may select one member of the case planning team to 
267.5 	be designated as the child's advisor and to advocate with respect to the application of the 
267.6 	reasonable and prudent parenting standards in subdivision 14. The plan should include, but 
267.7 	not be limited to, the following objectives:
267.8 	(i) educational, vocational, or employment planning;
267.9 	(ii) health care planning and medical coverage;
267.10 	(iii) transportation including, where appropriate, assisting the child in obtaining a driver's 
267.11 	license;
267.12 	(iv) money management, including the responsibility of the responsible social services 
267.13 	agency to ensure that the child annually receives, at no cost to the child, a consumer report 
267.14 	as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies 
267.15 	in the report;
267.16 	(v) planning for housing;
267.17 	(vi) social and recreational skills;
267.18 	(vii) establishing and maintaining connections with the child's family and community; 
267.19 	and
267.20 	(viii) regular opportunities to engage in age-appropriate or developmentally appropriate 
267.21 	activities typical for the child's age group, taking into consideration the capacities of the 
267.22 	individual child;
267.23 	(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic 
267.24 	and assessment information, specific services relating to meeting the mental health care 
267.25 	needs of the child, and treatment outcomes;
267.26 	(14) for a child 14 years of age or older, a signed acknowledgment that describes the 
267.27 	child's rights regarding education, health care, visitation, safety and protection from 
267.28 	exploitation, and court participation; receipt of the documents identified in section 260C.452; 
267.29 	and receipt of an annual credit report. The acknowledgment shall state that the rights were 
267.30 	explained in an age-appropriate manner to the child; and
267.31 	(15) for a child placed in a qualified residential treatment program, the plan must include 
267.32 	the requirements in section 260C.708.
268.1 	(d) The parent or parents or guardian and the child each shall have the right to legal 
268.2 	counsel in the preparation of the case plan and shall be informed of the right at the time of 
268.3 	placement of the child. The child shall also have the right to a guardian ad litem. If unable 
268.4 	to employ counsel from their own resources, the court shall appoint counsel upon the request 
268.5 	of the parent or parents or the child or the child's legal guardian. The parent or parents may 
268.6 	also receive assistance from any person or social services agency in preparation of the case 
268.7 	plan.
268.8 	(e) After the plan has been agreed upon by the parties involved or approved or ordered 
268.9 	by the court, the foster parents shall be fully informed of the provisions of the case plan and 
268.10 	shall be provided a copy of the plan.
268.11 	(f) Upon the child's discharge from foster care, the responsible social services agency 
268.12 	must provide the child's parent, adoptive parent, or permanent legal and physical custodian, 
268.13 	and the child, if the child is 14 years of age or older, with a current copy of the child's health 
268.14 	and education record. If a child meets the conditions in subdivision 15, paragraph (b), the 
268.15 	agency must also provide the child with the child's social and medical history. The responsible 
268.16 	social services agency may give a copy of the child's health and education record and social 
268.17 	and medical history to a child who is younger than 14 years of age, if it is appropriate and 
268.18 	if subdivision 15, paragraph (b), applies.

268.19 	Sec. 19. Minnesota Statutes 2021 Supplement, section 260C.212, subdivision 2, is amended 
268.20 	to read:
268.21 		Subd. 2.Placement decisions based on best interests of the child. (a) The policy of 
268.22 	the state of Minnesota is to ensure that the child's best interests are met by requiring an 
268.23 	individualized determination of the needs of the child in consideration of paragraphs (a) to 
268.24 	(f), and of how the selected placement will serve the current and future needs of the child 
268.25 	being placed. The authorized child-placing agency shall place a child, released by court 
268.26 	order or by voluntary release by the parent or parents, in a family foster home selected by 
268.27 	considering placement with relatives and important friends in the following order:
268.28 	(1) with an individual who is related to the child by blood, marriage, or adoption, 
268.29 	including the legal parent, guardian, or custodian of the child's siblings sibling; or
268.30 	(2) with an individual who is an important friend of the child or of the child's parent or 
268.31 	custodian, including an individual with whom the child has resided or had significant contact 
268.32 	or who has a significant relationship to the child or the child's parent or custodian.
269.1 	(2) with an individual who is an important friend with whom the child has resided or 
269.2 	had significant contact.
269.3 	For an Indian child, the agency shall follow the order of placement preferences in the Indian 
269.4 	Child Welfare Act of 1978, United States Code, title 25, section 1915.
269.5 	(b) Among the factors the agency shall consider in determining the current and future 
269.6 	needs of the child are the following:
269.7 	(1) the child's current functioning and behaviors;
269.8 	(2) the medical needs of the child;
269.9 	(3) the educational needs of the child;
269.10 	(4) the developmental needs of the child;
269.11 	(5) the child's history and past experience;
269.12 	(6) the child's religious and cultural needs;
269.13 	(7) the child's connection with a community, school, and faith community;
269.14 	(8) the child's interests and talents;
269.15 	(9) the child's relationship to current caretakers, current and long-term needs regarding 
269.16 	relationships with parents, siblings, and relatives, and other caretakers;
269.17 	(10) the reasonable preference of the child, if the court, or the child-placing agency in 
269.18 	the case of a voluntary placement, deems the child to be of sufficient age to express 
269.19 	preferences; and
269.20 	(11) for an Indian child, the best interests of an Indian child as defined in section 260.755, 
269.21 	subdivision 2a.
269.22 	When placing a child in foster care or in a permanent placement based on an individualized 
269.23 	determination of the child's needs, the agency must not use one factor in this paragraph to 
269.24 	the exclusion of all others, and the agency shall consider that the factors in paragraph (b) 
269.25 	may be interrelated.
269.26 	(c) Placement of a child cannot be delayed or denied based on race, color, or national 
269.27 	origin of the foster parent or the child.
269.28 	(d) Siblings should be placed together for foster care and adoption at the earliest possible 
269.29 	time unless it is documented that a joint placement would be contrary to the safety or 
269.30 	well-being of any of the siblings or unless it is not possible after reasonable efforts by the 
269.31 	responsible social services agency. In cases where siblings cannot be placed together, the 
270.1 	agency is required to provide frequent visitation or other ongoing interaction between 
270.2 	siblings unless the agency documents that the interaction would be contrary to the safety 
270.3 	or well-being of any of the siblings.
270.4 	(e) Except for emergency placement as provided for in section 245A.035, the following 
270.5 	requirements must be satisfied before the approval of a foster or adoptive placement in a 
270.6 	related or unrelated home: (1) a completed background study under section 245C.08; and 
270.7 	(2) a completed review of the written home study required under section 260C.215, 
270.8 	subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or 
270.9 	adoptive parent to ensure the placement will meet the needs of the individual child.
270.10 	(f) The agency must determine whether colocation with a parent who is receiving services 
270.11 	in a licensed residential family-based substance use disorder treatment program is in the 
270.12 	child's best interests according to paragraph (b) and include that determination in the child's 
270.13 	case plan under subdivision 1. The agency may consider additional factors not identified 
270.14 	in paragraph (b). The agency's determination must be documented in the child's case plan 
270.15 	before the child is colocated with a parent.
270.16 	(g) The agency must establish a juvenile treatment screening team under section 260C.157 
270.17 	to determine whether it is necessary and appropriate to recommend placing a child in a 
270.18 	qualified residential treatment program, as defined in section 260C.007, subdivision 26d.

270.19 	Sec. 20. Minnesota Statutes 2020, section 260C.212, subdivision 4a, is amended to read:
270.20 		Subd. 4a.Monthly caseworker visits. (a) Every child in foster care or on a trial home 
270.21 	visit shall be visited by the child's caseworker or another person who has responsibility for 
270.22 	visitation of the child on a monthly basis, with the majority of visits occurring in the child's 
270.23 	residence. The responsible social services agency may designate another person responsible 
270.24 	for monthly case visits. For the purposes of this section, the following definitions apply:
270.25 	(1) "visit" is defined as a face-to-face contact between a child and the child's caseworker;
270.26 	(2) "visited on a monthly basis" is defined as at least one visit per calendar month;
270.27 	(3) "the child's caseworker" is defined as the person who has responsibility for managing 
270.28 	the child's foster care placement case as assigned by the responsible social services agency;
270.29 	(4) "another person" means the professional staff whom the responsible social services 
270.30 	agency has assigned in the out-of-home placement plan or case plan. Another person must 
270.31 	be professionally trained to assess the child's safety, permanency, well-being, and case 
270.32 	progress. The agency may not designate the guardian ad litem, the child foster care provider, 
271.1 	residential facility staff, or a qualified individual as defined in section 260C.007, 
271.2 	subdivision26b, as another person; and
271.3 	(5) "the child's residence" is defined as the home where the child is residing, and can 
271.4 	include the foster home, child care institution, or the home from which the child was removed 
271.5 	if the child is on a trial home visit.
271.6 	(b) Caseworker visits shall be of sufficient substance and duration to address issues 
271.7 	pertinent to case planning and service delivery to ensure the safety, permanency, and 
271.8 	well-being of the child, including whether the child is enrolled and attending school as 
271.9 	required by law.
271.10 	(c) Every effort shall be made by the responsible social services agency and professional 
271.11 	staff to have the monthly visit with the child outside the presence of the child's parents, 
271.12 	foster parents, or facility staff. There may be situations related to the child's needs when a 
271.13 	caseworker visit cannot occur with the child alone. The reason the caseworker visit occurred 
271.14 	in the presence of others must be documented in the case record and may include:
271.15 	(1) that the child exhibits intense emotion or behavior indicating that visiting without 
271.16 	the presence of the parent, foster parent, or facility staff would be traumatic for the child;
271.17 	(2) that despite a caseworker's efforts, the child declines to visit with the caseworker 
271.18 	outside the presence of the parent, foster parent, or facility staff; and
271.19 	(3) that the child has a specific developmental delay, physical limitation, incapacity, 
271.20 	medical device, or significant medical need, such that the parent, foster parent, or facility 
271.21 	staff is required to be present with the child during the visit.

271.22 	Sec. 21. Minnesota Statutes 2020, section 260C.221, is amended to read:
271.23 	260C.221 RELATIVE SEARCH AND ENGAGEMENT; PLACEMENT 
271.24 	CONSIDERATION.
271.25 		Subdivision 1.Relative search requirements. (a) The responsible social services agency 
271.26 	shall exercise due diligence to identify and notify adult relatives and current caregivers of 
271.27 	a child's sibling, prior to placement or within 30 days after the child's removal from the 
271.28 	parent, regardless of whether a child is placed in a relative's home, as required under 
271.29 	subdivision 2. The county agency shall consider placement with a relative under this section 
271.30 	without delay and whenever the child must move from or be returned to foster care. The 
271.31 	relative search required by this section shall be comprehensive in scope. After a finding 
271.32 	that the agency has made reasonable efforts to conduct the relative search under this 
271.33 	paragraph, the agency has the continuing responsibility to appropriately involve relatives, 
272.1 	who have responded to the notice required under this paragraph, in planning for the child 
272.2 	and to continue to consider relatives according to the requirements of section 260C.212, 
272.3 	subdivision 2. At any time during the course of juvenile protection proceedings, the court 
272.4 	may order the agency to reopen its search for relatives when it is in the child's best interest 
272.5 	to do so.
272.6 	(b) The relative search required by this section shall include both maternal and paternal 
272.7 	adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians 
272.8 	of the child's siblings; and any other adult relatives suggested by the child's parents, subject 
272.9 	to the exceptions due to family violence in subdivision 5, paragraph (c) (b). The search shall 
272.10 	also include getting information from the child in an age-appropriate manner about who the 
272.11 	child considers to be family members and important friends with whom the child has resided 
272.12 	or had significant contact. The relative search required under this section must fulfill the 
272.13 	agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the 
272.14 	breakup of the Indian family under United States Code, title 25, section 1912(d), and to 
272.15 	meet placement preferences under United States Code, title 25, section 1915.
272.16 	(c) The responsible social services agency has a continuing responsibility to search for 
272.17 	and identify relatives of a child and send the notice to relatives that is required under 
272.18 	subdivision 2, unless the court has relieved the agency of this duty under subdivision 5, 
272.19 	paragraph (e).
272.20 		Subd. 2.Relative notice requirements. (a) The agency may provide oral or written 
272.21 	notice to a child's relatives. In the child's case record, the agency must document providing 
272.22 	the required notice to each of the child's relatives. The responsible social services agency 
272.23 	must notify relatives must be notified:
272.24 	(1) of the need for a foster home for the child, the option to become a placement resource 
272.25 	for the child, the order of placement that the agency will consider under section 260C.212, 
272.26 	subdivision 2, paragraph (a), and the possibility of the need for a permanent placement for 
272.27 	the child;
272.28 	(2) of their responsibility to keep the responsible social services agency and the court 
272.29 	informed of their current address in order to receive notice in the event that a permanent 
272.30 	placement is sought for the child and to receive notice of the permanency progress review 
272.31 	hearing under section 260C.204. A relative who fails to provide a current address to the 
272.32 	responsible social services agency and the court forfeits the right to receive notice of the 
272.33 	possibility of permanent placement and of the permanency progress review hearing under 
272.34 	section 260C.204, until the relative provides a current address to the responsible social 
273.1 	services agency and the court. A decision by a relative not to be identified as a potential 
273.2 	permanent placement resource or participate in planning for the child at the beginning of 
273.3 	the case shall not affect whether the relative is considered for placement of, or as a 
273.4 	permanency resource for, the child with that relative later at any time in the case, and shall 
273.5 	not be the sole basis for the court to rule out the relative as the child's placement or 
273.6 	permanency resource;
273.7 	(3) that the relative may participate in the care and planning for the child, as specified 
273.8 	in subdivision 3, including that the opportunity for such participation may be lost by failing 
273.9 	to respond to the notice sent under this subdivision. "Participate in the care and planning" 
273.10 	includes, but is not limited to, participation in case planning for the parent and child, 
273.11 	identifying the strengths and needs of the parent and child, supervising visits, providing 
273.12 	respite and vacation visits for the child, providing transportation to appointments, suggesting 
273.13 	other relatives who might be able to help support the case plan, and to the extent possible, 
273.14 	helping to maintain the child's familiar and regular activities and contact with friends and 
273.15 	relatives;
273.16 	(4) of the family foster care licensing and adoption home study requirements, including 
273.17 	how to complete an application and how to request a variance from licensing standards that 
273.18 	do not present a safety or health risk to the child in the home under section 245A.04 and 
273.19 	supports that are available for relatives and children who reside in a family foster home; 
273.20 	and
273.21 	(5) of the relatives' right to ask to be notified of any court proceedings regarding the 
273.22 	child, to attend the hearings, and of a relative's right or opportunity to be heard by the court 
273.23 	as required under section 260C.152, subdivision 5.;
273.24 	(6) that regardless of the relative's response to the notice sent under this subdivision, the 
273.25 	agency is required to establish permanency for a child, including planning for alternative 
273.26 	permanency options if the agency's reunification efforts fail or are not required; and
273.27 	(7) that by responding to the notice, a relative may receive information about participating 
273.28 	in a child's family and permanency team if the child is placed in a qualified residential 
273.29 	treatment program as defined in section 260C.007, subdivision 26d.
273.30 	(b) The responsible social services agency shall send the notice required under paragraph 
273.31 	(a) to relatives who become known to the responsible social services agency, except for 
273.32 	relatives that the agency does not contact due to safety reasons under subdivision 5, paragraph 
273.33 	(b). The responsible social services agency shall continue to send notice to relatives 
274.1 	notwithstanding a court's finding that the agency has made reasonable efforts to conduct a 
274.2 	relative search.
274.3 	(c) The responsible social services agency is not required to send the notice under 
274.4 	paragraph (a) to a relative who becomes known to the agency after an adoption placement 
274.5 	agreement has been fully executed under section 260C.613, subdivision 1. If the relative 
274.6 	wishes to be considered for adoptive placement of the child, the agency shall inform the 
274.7 	relative of the relative's ability to file a motion for an order for adoptive placement under 
274.8 	section 260C.607, subdivision 6.
274.9 		Subd. 3.Relative engagement requirements. (a) A relative who responds to the notice 
274.10 	under subdivision 2 has the opportunity to participate in care and planning for a child, which 
274.11 	must not be limited based solely on the relative's prior inconsistent participation or 
274.12 	nonparticipation in care and planning for the child. Care and planning for a child may include 
274.13 	but is not limited to:
274.14 	(1) participating in case planning for the child and child's parent, including identifying 
274.15 	services and resources that meet the individualized needs of the child and child's parent. A 
274.16 	relative's participation in case planning may be in person, via phone call, or by electronic 
274.17 	means;
274.18 	(2) identifying the strengths and needs of the child and child's parent;
274.19 	(3) asking the responsible social services agency to consider the relative for placement 
274.20 	of the child according to subdivision 4;
274.21 	(4) acting as a support person for the child, the child's parents, and the child's current 
274.22 	caregiver;
274.23 	(5) supervising visits;
274.24 	(6) providing respite care for the child and having vacation visits with the child;
274.25 	(7) providing transportation;
274.26 	(8) suggesting other relatives who may be able to participate in the case plan or that the 
274.27 	agency may consider for placement of the child. The agency shall send a notice to each 
274.28 	relative identified by other relatives according to subdivision 2, paragraph (b), unless a 
274.29 	relative received this notice earlier in the case;
274.30 	(9) helping to maintain the child's familiar and regular activities and contact with the 
274.31 	child's friends and relatives, including providing supervision of the child at family gatherings 
274.32 	and events; and
275.1 	(10) participating in the child's family and permanency team if the child is placed in a 
275.2 	qualified residential treatment program as defined in section 260C.007, subdivision 26d.
275.3 	(b) The responsible social services agency shall make reasonable efforts to contact and 
275.4 	engage relatives who respond to the notice required under this section. Upon a request by 
275.5 	a relative or party to the proceeding, the court may conduct a review of the agency's 
275.6 	reasonable efforts to contact and engage relatives who respond to the notice. If the court 
275.7 	finds that the agency did not make reasonable efforts to contact and engage relatives who 
275.8 	respond to the notice, the court may order the agency to make reasonable efforts to contact 
275.9 	and engage relatives who respond to the notice in care and planning for the child.
275.10 		Subd. 4.Placement considerations. (a) The responsible social services agency shall 
275.11 	consider placing a child with a relative under this section without delay and when the child:
275.12 	(1) enters foster care;
275.13 	(2) must be moved from the child's current foster setting;
275.14 	(3) must be permanently placed away from the child's parent; or
275.15 	(4) returns to foster care after permanency has been achieved for the child.
275.16 	(b) The agency shall consider placing a child with relatives:
275.17 	(1) in the order specified in section 260C.212, subdivision 2, paragraph (a); and
275.18 	(2) based on the child's best interests using the factors in section 260C.212, subdivision 
275.19 	2.
275.20 	(c) The agency shall document how the agency considered relatives in the child's case 
275.21 	record.
275.22 	(d) Any relative who requests to be a placement option for a child in foster care has the 
275.23 	right to be considered for placement of the child according to section 260C.212, subdivision 
275.24 	2, paragraph (a), unless the court finds that placing the child with a specific relative would 
275.25 	endanger the child, sibling, parent, guardian, or any other family member under subdivision 
275.26 	5, paragraph (b).
275.27 	(e) When adoption is the responsible social services agency's permanency goal for the 
275.28 	child, the agency shall consider adoptive placement of the child with a relative in the order 
275.29 	specified under section 260C.212, subdivision 2, paragraph (a).
275.30 		Subd. 5.Data disclosure; court review. (c) (a) A responsible social services agency 
275.31 	may disclose private data, as defined in section 13.02 and chapter 260E, to relatives of the 
275.32 	child for the purpose of locating and assessing a suitable placement and may use any 
276.1 	reasonable means of identifying and locating relatives including the Internet or other 
276.2 	electronic means of conducting a search. The agency shall disclose data that is necessary 
276.3 	to facilitate possible placement with relatives and to ensure that the relative is informed of 
276.4 	the needs of the child so the relative can participate in planning for the child and be supportive 
276.5 	of services to the child and family.
276.6 	(b) If the child's parent refuses to give the responsible social services agency information 
276.7 	sufficient to identify the maternal and paternal relatives of the child, the agency shall ask 
276.8 	the juvenile court to order the parent to provide the necessary information and shall use 
276.9 	other resources to identify the child's maternal and paternal relatives. If a parent makes an 
276.10 	explicit request that a specific relative not be contacted or considered for placement due to 
276.11 	safety reasons, including past family or domestic violence, the agency shall bring the parent's 
276.12 	request to the attention of the court to determine whether the parent's request is consistent 
276.13 	with the best interests of the child and. The agency shall not contact the specific relative 
276.14 	when the juvenile court finds that contacting or placing the child with the specific relative 
276.15 	would endanger the parent, guardian, child, sibling, or any family member. Unless section 
276.16 	260C.139 applies to the child's case, a court shall not waive or relieve the responsible social 
276.17 	services agency of reasonable efforts to:
276.18 	(1) conduct a relative search;
276.19 	(2) notify relatives;
276.20 	(3) contact and engage relatives in case planning; and
276.21 	(4) consider relatives for placement of the child.
276.22 	(c) Notwithstanding chapter 13, the agency shall disclose data to the court about particular 
276.23 	relatives that the agency has identified, contacted, or considered for the child's placement 
276.24 	for the court to review the agency's due diligence.
276.25 	(d) At a regularly scheduled hearing not later than three months after the child's placement 
276.26 	in foster care and as required in section sections 260C.193 and260C.202, the agency shall 
276.27 	report to the court:
276.28 	(1) its the agency's efforts to identify maternal and paternal relatives of the child and to 
276.29 	engage the relatives in providing support for the child and family, and document that the 
276.30 	relatives have been provided the notice required under paragraph (a) subdivision 2; and
276.31 	(2) its the agency's decision regarding placing the child with a relative as required under 
276.32 	section 260C.212, subdivision 2, and to ask. If the responsible social services agency decides 
277.1 	that relative placement is not in the child's best interests at the time of the hearing, the agency 
277.2 	shall inform the court of the agency's decision, including:
277.3 	(i) why the agency decided against relative placement of the child; and
277.4 	(ii) the agency's efforts to engage relatives to visit or maintain contact with the child in 
277.5 	order as required under subdivision 3 to support family connections for the child, when 
277.6 	placement with a relative is not possible or appropriate.
277.7 	(e) Notwithstanding chapter 13, the agency shall disclose data about particular relatives 
277.8 	identified, searched for, and contacted for the purposes of the court's review of the agency's 
277.9 	due diligence.
277.10 	(f) (e) When the court is satisfied that the agency has exercised due diligence to identify 
277.11 	relatives and provide the notice required in paragraph (a) subdivision 2, the court may find 
277.12 	that the agency made reasonable efforts have been made to conduct a relative search to 
277.13 	identify and provide notice to adult relatives as required under section 260.012, paragraph 
277.14 	(e), clause (3). A finding under this paragraph does not relieve the responsible social services 
277.15 	agency of the ongoing duty to contact, engage, and consider relatives under this section nor 
277.16 	is it a basis for the court to rule out any relative from being a foster care or permanent 
277.17 	placement option for the child. The agency has the continuing responsibility to:
277.18 	(1) involve relatives who respond to the notice in planning for the child; and
277.19 	(2) continue considering relatives for the child's placement while taking the child's short- 
277.20 	and long-term permanency goals into consideration, according to the requirements of section 
277.21 	260C.212, subdivision 2.
277.22 	(f) At any time during the course of juvenile protection proceedings, the court may order 
277.23 	the agency to reopen the search for relatives when it is in the child's best interests.
277.24 	(g) If the court is not satisfied that the agency has exercised due diligence to identify 
277.25 	relatives and provide the notice required in paragraph (a) subdivision 2, the court may order 
277.26 	the agency to continue its search and notice efforts and to report back to the court.
277.27 	(g) When the placing agency determines that permanent placement proceedings are 
277.28 	necessary because there is a likelihood that the child will not return to a parent's care, the 
277.29 	agency must send the notice provided in paragraph (h), may ask the court to modify the 
277.30 	duty of the agency to send the notice required in paragraph (h), or may ask the court to 
277.31 	completely relieve the agency of the requirements of paragraph (h). The relative notification 
277.32 	requirements of paragraph (h) do not apply when the child is placed with an appropriate 
277.33 	relative or a foster home that has committed to adopting the child or taking permanent legal 
278.1 	and physical custody of the child and the agency approves of that foster home for permanent 
278.2 	placement of the child. The actions ordered by the court under this section must be consistent 
278.3 	with the best interests, safety, permanency, and welfare of the child.
278.4 	(h) Unless required under the Indian Child Welfare Act or relieved of this duty by the 
278.5 	court under paragraph (f), When the agency determines that it is necessary to prepare for 
278.6 	permanent placement determination proceedings, or in anticipation of filing a termination 
278.7 	of parental rights petition, the agency shall send notice to the relatives who responded to a 
278.8 	notice under this section sent at any time during the case, any adult with whom the child is 
278.9 	currently residing, any adult with whom the child has resided for one year or longer in the 
278.10 	past, and any adults who have maintained a relationship or exercised visitation with the 
278.11 	child as identified in the agency case plan. The notice must state that a permanent home is 
278.12 	sought for the child and that the individuals receiving the notice may indicate to the agency 
278.13 	their interest in providing a permanent home. The notice must state that within 30 days of 
278.14 	receipt of the notice an individual receiving the notice must indicate to the agency the 
278.15 	individual's interest in providing a permanent home for the child or that the individual may 
278.16 	lose the opportunity to be considered for a permanent placement. A relative's failure to 
278.17 	respond or timely respond to the notice is not a basis for ruling out the relative from being 
278.18 	a permanent placement option for the child, should the relative request to be considered for 
278.19 	permanent placement at a later date.

278.20 	Sec. 22. Minnesota Statutes 2020, section 260C.331, subdivision 1, is amended to read:
278.21 		Subdivision 1.Care, examination, or treatment. (a) Except where parental rights are 
278.22 	terminated,
278.23 	(1) whenever legal custody of a child is transferred by the court to a responsible social 
278.24 	services agency,
278.25 	(2) whenever legal custody is transferred to a person other than the responsible social 
278.26 	services agency, but under the supervision of the responsible social services agency, or
278.27 	(3) whenever a child is given physical or mental examinations or treatment under order 
278.28 	of the court, and no provision is otherwise made by law for payment for the care, 
278.29 	examination, or treatment of the child, these costs are a charge upon the welfare funds of 
278.30 	the county in which proceedings are held upon certification of the judge of juvenile court.
278.31 	(b) The court shall may order, and the responsible social services agency shall may
278.32 	require, the parents or custodian of a child, while the child is under the age of 18, to use the 
278.33 	total income and resources attributable to the child for the period of care, examination, or 
279.1 	treatment, except for clothing and personal needs allowance as provided in section 256B.35, 
279.2 	to reimburse the county for the cost of care, examination, or treatment. Income and resources 
279.3 	attributable to the child include, but are not limited to, Social Security benefits, Supplemental 
279.4 	Security Income (SSI), veterans benefits, railroad retirement benefits and child support. 
279.5 	When the child is over the age of 18, and continues to receive care, examination, or treatment, 
279.6 	the court shall may order, and the responsible social services agency shall may require, 
279.7 	reimbursement from the child for the cost of care, examination, or treatment from the income 
279.8 	and resources attributable to the child less the clothing and personal needs allowance. Income 
279.9 	does not include earnings from a child over the age of 18 who is working as part of a plan 
279.10 	under section 260C.212, subdivision 1, paragraph (c), clause (12), to transition from foster 
279.11 	care, or the income and resources from sources other than Supplemental Security Income 
279.12 	and child support that are needed to complete the requirements listed in section 260C.203.
279.13 	The responsible social services agency shall determine whether requiring reimbursement, 
279.14 	either through child support or parental fees, for the cost of care, examination, or treatment 
279.15 	from the parents or custodian of a child is in the child's best interests. In determining whether 
279.16 	to require reimbursement, the responsible social services agency shall consider:
279.17 	(1) whether requiring reimbursement would compromise the parent's ability to meet the 
279.18 	requirements of the reunification plan;
279.19 	(2) whether requiring reimbursement would compromise the parent's ability to meet the 
279.20 	child's needs after reunification; and
279.21 	(3) whether redirecting existing child support payments or changing the representative 
279.22 	payee of social security benefits to the responsible social services agency would limit the 
279.23 	parent's ability to maintain financial stability for the child.
279.24 	(c) If the income and resources attributable to the child are not enough to reimburse the 
279.25 	county for the full cost of the care, examination, or treatment, the court shall may inquire 
279.26 	into the ability of the parents to support the child reimburse the county for the cost of care, 
279.27 	examination, or treatment and, after giving the parents a reasonable opportunity to be heard, 
279.28 	the court shall may order, and the responsible social services agency shall may require, the 
279.29 	parents to contribute to the cost of care, examination, or treatment of the child. When 
279.30 	determining the amount to be contributed by the parents, the court shall use a fee schedule 
279.31 	based upon ability to pay that is established by the responsible social services agency and 
279.32 	approved by the commissioner of human services. The income of a stepparent who has not 
279.33 	adopted a child shall be excluded in calculating the parental contribution under this section.
279.34 	In determining whether to require reimbursement, the responsible social services agency 
279.35 	shall consider:
280.1 	(1) whether requiring reimbursement would compromise the parent's ability to meet the 
280.2 	requirements of the reunification plan;
280.3 	(2) whether requiring reimbursement would compromise the parent's ability to meet the 
280.4 	child's needs after reunification; and
280.5 	(3) whether requiring reimbursement would compromise the parent's ability to meet the 
280.6 	needs of the family.
280.7 	(d) If the responsible social services agency determines that reimbursement is in the 
280.8 	child's best interest, the court shall order the amount of reimbursement attributable to the 
280.9 	parents or custodian, or attributable to the child, or attributable to both sources, withheld 
280.10 	under chapter 518A from the income of the parents or the custodian of the child. A parent 
280.11 	or custodian who fails to pay without good reason may be proceeded against for contempt, 
280.12 	or the court may inform the county attorney, who shall proceed to collect the unpaid sums, 
280.13 	or both procedures may be used.
280.14 	(e) If the court orders a physical or mental examination for a child, the examination is 
280.15 	a medically necessary service for purposes of determining whether the service is covered 
280.16 	by a health insurance policy, health maintenance contract, or other health coverage plan. 
280.17 	Court-ordered treatment shall be subject to policy, contract, or plan requirements for medical 
280.18 	necessity. Nothing in this paragraph changes or eliminates benefit limits, conditions of 
280.19 	coverage, co-payments or deductibles, provider restrictions, or other requirements in the 
280.20 	policy, contract, or plan that relate to coverage of other medically necessary services.
280.21 	(f) Notwithstanding paragraph (b), (c), or (d), a parent, custodian, or guardian of the 
280.22 	child is not required to use income and resources attributable to the child to reimburse the 
280.23 	county for costs of care and is not required to contribute to the cost of care of the child 
280.24 	during any period of time when the child is returned to the home of that parent, custodian, 
280.25 	or guardian pursuant to a trial home visit under section 260C.201, subdivision 1, paragraph 
280.26 	(a).

280.27 	Sec. 23. Minnesota Statutes 2020, section 260C.513, is amended to read:
280.28 	260C.513 PERMANENCY DISPOSITIONS WHEN CHILD CANNOT RETURN 
280.29 	HOME.
280.30 	(a) Termination of parental rights and adoption, or guardianship to the commissioner of 
280.31 	human services through a consent to adopt, are preferred permanency options for a child 
280.32 	who cannot return home. If the court finds that termination of parental rights and guardianship 
280.33 	to the commissioner is not in the child's best interests, the court may transfer permanent 
281.1 	legal and physical custody of the child to a relative when that order is in the child's best 
281.2 	interests. For a child who cannot return home, a permanency placement with a relative is 
281.3 	preferred. A permanency placement with a relative includes termination of parental rights 
281.4 	and adoption by a relative, guardianship to the commissioner of human services through a 
281.5 	consent to adopt with a relative, or a transfer of permanent legal and physical custody to a 
281.6 	relative. The court must consider the best interests of the child and section 260C.212, 
281.7 	subdivision 2, paragraph (a), when making a permanency determination.
281.8 	(b) When the court has determined that permanent placement of the child away from 
281.9 	the parent is necessary, the court shall consider permanent alternative homes that are available 
281.10 	both inside and outside the state.

281.11 	Sec. 24. Minnesota Statutes 2021 Supplement, section 260C.605, subdivision 1, is amended 
281.12 	to read:
281.13 		Subdivision 1.Requirements. (a) Reasonable efforts to finalize the adoption of a child 
281.14 	under the guardianship of the commissioner shall be made by the responsible social services 
281.15 	agency responsible for permanency planning for the child.
281.16 	(b) Reasonable efforts to make a placement in a home according to the placement 
281.17 	considerations under section 260C.212, subdivision 2, with a relative or foster parent who 
281.18 	will commit to being the permanent resource for the child in the event the child cannot be 
281.19 	reunified with a parent are required under section 260.012 and may be made concurrently 
281.20 	with reasonable, or if the child is an Indian child, active efforts to reunify the child with the 
281.21 	parent.
281.22 	(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the 
281.23 	child is in foster care under this chapter, but not later than the hearing required under section 
281.24 	260C.204.
281.25 	(d) Reasonable efforts to finalize the adoption of the child include:
281.26 	(1) considering the child's preference for an adoptive family;
281.27 	(1) (2) using age-appropriate engagement strategies to plan for adoption with the child;
281.28 	(2) (3) identifying an appropriate prospective adoptive parent for the child by updating 
281.29 	the child's identified needs using the factors in section 260C.212, subdivision 2;
281.30 	(3) (4) making an adoptive placement that meets the child's needs by:
281.31 	(i) completing or updating the relative search required under section 260C.221 and giving 
281.32 	notice of the need for an adoptive home for the child to:
282.1 	(A) relatives who have kept the agency or the court apprised of their whereabouts and 
282.2 	who have indicated an interest in adopting the child; or
282.3 	(B) relatives of the child who are located in an updated search;
282.4 	(ii) an updated search is required whenever:
282.5 	(A) there is no identified prospective adoptive placement for the child notwithstanding 
282.6 	a finding by the court that the agency made diligent efforts under section 260C.221, in a 
282.7 	hearing required under section 260C.202;
282.8 	(B) the child is removed from the home of an adopting parent; or
282.9 	(C) the court determines that a relative search by the agency is in the best interests of 
282.10 	the child;
282.11 	(iii) engaging the child's relatives or current or former foster parent and the child's 
282.12 	relatives identified as an adoptive resource during the search conducted under section 
282.13 	260C.221, parents to commit to being the prospective adoptive parent of the child, and 
282.14 	considering the child's relatives for adoptive placement of the child in the order specified 
282.15 	under section 260C.212, subdivision 2, paragraph (a); or
282.16 	(iv) when there is no identified prospective adoptive parent:
282.17 	(A) registering the child on the state adoption exchange as required in section 259.75 
282.18 	unless the agency documents to the court an exception to placing the child on the state 
282.19 	adoption exchange reported to the commissioner;
282.20 	(B) reviewing all families with approved adoption home studies associated with the 
282.21 	responsible social services agency;
282.22 	(C) presenting the child to adoption agencies and adoption personnel who may assist 
282.23 	with finding an adoptive home for the child;
282.24 	(D) using newspapers and other media to promote the particular child;
282.25 	(E) using a private agency under grant contract with the commissioner to provide adoption 
282.26 	services for intensive child-specific recruitment efforts; and
282.27 	(F) making any other efforts or using any other resources reasonably calculated to identify 
282.28 	a prospective adoption parent for the child;
282.29 	(4) (5) updating and completing the social and medical history required under sections 
282.30 	260C.212, subdivision 15, and 260C.609;
283.1 	(5) (6) making, and keeping updated, appropriate referrals required by section 260.851, 
283.2 	the Interstate Compact on the Placement of Children;
283.3 	(6) (7) giving notice regarding the responsibilities of an adoptive parent to any prospective 
283.4 	adoptive parent as required under section 259.35;
283.5 	(7) (8) offering the adopting parent the opportunity to apply for or decline adoption 
283.6 	assistance under chapter 256N;
283.7 	(8) (9) certifying the child for adoption assistance, assessing the amount of adoption 
283.8 	assistance, and ascertaining the status of the commissioner's decision on the level of payment 
283.9 	if the adopting parent has applied for adoption assistance;
283.10 	(9) (10) placing the child with siblings. If the child is not placed with siblings, the agency 
283.11 	must document reasonable efforts to place the siblings together, as well as the reason for 
283.12 	separation. The agency may not cease reasonable efforts to place siblings together for final 
283.13 	adoption until the court finds further reasonable efforts would be futile or that placement 
283.14 	together for purposes of adoption is not in the best interests of one of the siblings; and
283.15 	(10) (11) working with the adopting parent to file a petition to adopt the child and with 
283.16 	the court administrator to obtain a timely hearing to finalize the adoption.

283.17 	Sec. 25. Minnesota Statutes 2020, section 260C.607, subdivision 2, is amended to read:
283.18 		Subd. 2.Notice. Notice of review hearings shall be given by the court to:
283.19 	(1) the responsible social services agency;
283.20 	(2) the child, if the child is age ten and older;
283.21 	(3) the child's guardian ad litem;
283.22 	(4) counsel appointed for the child pursuant to section 260C.163, subdivision 3;
283.23 	(5) relatives of the child who have kept the court informed of their whereabouts as 
283.24 	required in section 260C.221 and who have responded to the agency's notice under section 
283.25 	260C.221, indicating a willingness to provide an adoptive home for the child unless the 
283.26 	relative has been previously ruled out by the court as a suitable foster parent or permanency 
283.27 	resource for the child;
283.28 	(6) the current foster or adopting parent of the child;
283.29 	(7) any foster or adopting parents of siblings of the child; and
283.30 	(8) the Indian child's tribe.

284.1 	Sec. 26. Minnesota Statutes 2020, section 260C.607, subdivision 5, is amended to read:
284.2 		Subd. 5.Required placement by responsible social services agency. (a) No petition 
284.3 	for adoption shall be filed for a child under the guardianship of the commissioner unless 
284.4 	the child sought to be adopted has been placed for adoption with the adopting parent by the 
284.5 	responsible social services agency as required under section 260C.613, subdivision 1. The 
284.6 	court may order the agency to make an adoptive placement using standards and procedures 
284.7 	under subdivision 6.
284.8 	(b) Any relative or the child's foster parent who believes the responsible agency has not 
284.9 	reasonably considered the relative's or foster parent's request to be considered for adoptive 
284.10 	placement as required under section 260C.212, subdivision 2, and who wants to be considered 
284.11 	for adoptive placement of the child shall bring a request for consideration to the attention 
284.12 	of the court during a review required under this section. The child's guardian ad litem and 
284.13 	the child may also bring a request for a relative or the child's foster parent to be considered 
284.14 	for adoptive placement. After hearing from the agency, the court may order the agency to 
284.15 	take appropriate action regarding the relative's or foster parent's request for consideration 
284.16 	under section 260C.212, subdivision 2, paragraph (b).

284.17 	Sec. 27. Minnesota Statutes 2021 Supplement, section 260C.607, subdivision 6, is amended 
284.18 	to read:
284.19 		Subd. 6.Motion and hearing to order adoptive placement. (a) At any time after the 
284.20 	district court orders the child under the guardianship of the commissioner of human services, 
284.21 	but not later than 30 days after receiving notice required under section 260C.613, subdivision 
284.22 	1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's 
284.23 	foster parent may file a motion for an order for adoptive placement of a child who is under 
284.24 	the guardianship of the commissioner if the relative or the child's foster parent:
284.25 	(1) has an adoption home study under section 259.41or 260C.611 approving the relative 
284.26 	or foster parent for adoption and has. If the relative or foster parent does not have an adoption 
284.27 	home study, an affidavit attesting to efforts to complete an adoption home study may be 
284.28 	filed with the motion instead. The affidavit must be signed by the relative or foster parent 
284.29 	and the responsible social services agency or licensed child-placing agency completing the 
284.30 	adoption home study. The relative or foster parent must also have been a resident of 
284.31 	Minnesota for at least six months before filing the motion; the court may waive the residency 
284.32 	requirement for the moving party if there is a reasonable basis to do so; or
284.33 	(2) is not a resident of Minnesota, but has an approved adoption home study by an agency 
284.34 	licensed or approved to complete an adoption home study in the state of the individual's 
285.1 	residence and the study is filed with the motion for adoptive placement. If the relative or 
285.2 	foster parent does not have an adoption home study in the relative or foster parent's state 
285.3 	of residence, an affidavit attesting to efforts to complete an adoption home study may be 
285.4 	filed with the motion instead. The affidavit must be signed by the relative or foster parent 
285.5 	and the agency completing the adoption home study.
285.6 	(b) The motion shall be filed with the court conducting reviews of the child's progress 
285.7 	toward adoption under this section. The motion and supporting documents must make a 
285.8 	prima facie showing that the agency has been unreasonable in failing to make the requested 
285.9 	adoptive placement. The motion must be served according to the requirements for motions 
285.10 	under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all 
285.11 	individuals and entities listed in subdivision 2.
285.12 	(c) If the motion and supporting documents do not make a prima facie showing for the 
285.13 	court to determine whether the agency has been unreasonable in failing to make the requested 
285.14 	adoptive placement, the court shall dismiss the motion. If the court determines a prima facie 
285.15 	basis is made, the court shall set the matter for evidentiary hearing.
285.16 	(d) At the evidentiary hearing, the responsible social services agency shall proceed first 
285.17 	with evidence about the reason for not making the adoptive placement proposed by the 
285.18 	moving party. When the agency presents evidence regarding the child's current relationship 
285.19 	with the identified adoptive placement resource, the court must consider the agency's efforts 
285.20 	to support the child's relationship with the moving party consistent with section 260C.221. 
285.21 	The moving party then has the burden of proving by a preponderance of the evidence that 
285.22 	the agency has been unreasonable in failing to make the adoptive placement.
285.23 	(e) The court shall review and enter findings regarding whether the agency, in making 
285.24 	an adoptive placement decision for the child:
285.25 	(1) considered relatives for adoptive placement in the order specified under section 
285.26 	260C.212, subdivision 2, paragraph (a); and
285.27 	(2) assessed how the identified adoptive placement resource and the moving party are 
285.28 	each able to meet the child's current and future needs, based on an individualized 
285.29 	determination of the child's needs, as required under sections 260C.212, subdivision 2, and 
285.30 	260C.613, subdivision 1, paragraph (b).
285.31 	(e) (f) At the conclusion of the evidentiary hearing, if the court finds that the agency has 
285.32 	been unreasonable in failing to make the adoptive placement and that the relative or the 
285.33 	child's foster parent moving party is the most suitable adoptive home to meet the child's 
285.34 	needs using the factors in section 260C.212, subdivision 2, paragraph (b), the court may:
286.1 	(1) order the responsible social services agency to make an adoptive placement in the 
286.2 	home of the relative or the child's foster parent. moving party if the moving party has an 
286.3 	approved adoption home study; or
286.4 	(2) order the responsible social services agency to place the child in the home of the 
286.5 	moving party upon approval of an adoption home study. The agency must promote and 
286.6 	support the child's ongoing visitation and contact with the moving party until the child is 
286.7 	placed in the moving party's home. The agency must provide an update to the court after 
286.8 	90 days, including progress and any barriers encountered. If the moving party does not have 
286.9 	an approved adoption home study within 180 days, the moving party and the agency must 
286.10 	inform the court of any barriers to obtaining the approved adoption home study during a 
286.11 	review hearing under this section. If the court finds that the moving party is unable to obtain 
286.12 	an approved adoption home study, the court must dismiss the order for adoptive placement 
286.13 	under this subdivision and order the agency to continue making reasonable efforts to finalize 
286.14 	the adoption of the child as required under section 260C.605.
286.15 	(f) (g) If, in order to ensure that a timely adoption may occur, the court orders the 
286.16 	responsible social services agency to make an adoptive placement under this subdivision, 
286.17 	the agency shall:
286.18 	(1) make reasonable efforts to obtain a fully executed adoption placement agreement, 
286.19 	including assisting the moving party with the adoption home study process;
286.20 	(2) work with the moving party regarding eligibility for adoption assistance as required 
286.21 	under chapter 256N; and
286.22 	(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval 
286.23 	of the adoptive placement through the Interstate Compact on the Placement of Children.
286.24 	(g) (h) Denial or granting of a motion for an order for adoptive placement after an 
286.25 	evidentiary hearing is an order which may be appealed by the responsible social services 
286.26 	agency, the moving party, the child, when age ten or over, the child's guardian ad litem, 
286.27 	and any individual who had a fully executed adoption placement agreement regarding the 
286.28 	child at the time the motion was filed if the court's order has the effect of terminating the 
286.29 	adoption placement agreement. An appeal shall be conducted according to the requirements 
286.30 	of the Rules of Juvenile Protection Procedure.

286.31 	Sec. 28. Minnesota Statutes 2020, section 260C.613, subdivision 1, is amended to read:
286.32 		Subdivision 1.Adoptive placement decisions. (a) The responsible social services agency 
286.33 	has exclusive authority to make an adoptive placement of a child under the guardianship of 
287.1 	the commissioner. The child shall be considered placed for adoption when the adopting 
287.2 	parent, the agency, and the commissioner have fully executed an adoption placement 
287.3 	agreement on the form prescribed by the commissioner.
287.4 	(b) The responsible social services agency shall use an individualized determination of 
287.5 	the child's current and future needs, pursuant to section 260C.212, subdivision 2, paragraph 
287.6 	(b), to determine the most suitable adopting parent for the child in the child's best interests.
287.7 	The responsible social services agency must consider adoptive placement of the child with 
287.8 	relatives in the order specified in section 260C.212, subdivision 2, paragraph (a).
287.9 	(c) The responsible social services agency shall notify the court and parties entitled to 
287.10 	notice under section 260C.607, subdivision 2, when there is a fully executed adoption 
287.11 	placement agreement for the child.
287.12 	(d) In the event an adoption placement agreement terminates, the responsible social 
287.13 	services agency shall notify the court, the parties entitled to notice under section 260C.607, 
287.14 	subdivision 2, and the commissioner that the agreement and the adoptive placement have 
287.15 	terminated.

287.16 	Sec. 29. Minnesota Statutes 2020, section 260C.613, subdivision 5, is amended to read:
287.17 		Subd. 5.Required record keeping. The responsible social services agency shall 
287.18 	document, in the records required to be kept under section 259.79, the reasons for the 
287.19 	adoptive placement decision regarding the child, including the individualized determination 
287.20 	of the child's needs based on the factors in section 260C.212, subdivision 2, paragraph (b),; 
287.21 	the agency's consideration of relatives in the order specified in section 260C.212, subdivision 
287.22 	2, paragraph (a); and the assessment of how the selected adoptive placement meets the 
287.23 	identified needs of the child. The responsible social services agency shall retain in the 
287.24 	records required to be kept under section 259.79, copies of all out-of-home placement plans 
287.25 	made since the child was ordered under guardianship of the commissioner and all court 
287.26 	orders from reviews conducted pursuant to section 260C.607.

287.27 	Sec. 30. Minnesota Statutes 2021 Supplement, section 260E.20, subdivision 2, is amended 
287.28 	to read:
287.29 		Subd. 2.Face-to-face contact. (a) Upon receipt of a screened in report, the local welfare 
287.30 	agency shall conduct a face-to-face contact with the child reported to be maltreated and 
287.31 	with the child's primary caregiver sufficient to complete a safety assessment and ensure the 
287.32 	immediate safety of the child. When it is possible and the report alleges substantial child 
287.33 	endangerment or sexual abuse, the local welfare agency is not required to provide notice 
288.1 	before conducting the initial face-to-face contact with the child and the child's primary 
288.2 	caregiver.
288.3 	(b) The face-to-face contact with the child and primary caregiver shall occur immediately 
288.4 	if sexual abuse or substantial child endangerment is alleged and within five calendar days 
288.5 	for all other reports. If the alleged offender was not already interviewed as the primary 
288.6 	caregiver, the local welfare agency shall also conduct a face-to-face interview with the 
288.7 	alleged offender in the early stages of the assessment or investigation. Face-to-face contact 
288.8 	with the child and primary caregiver in response to a report alleging sexual abuse or 
288.9 	substantial child endangerment may be postponed for no more than five calendar days if 
288.10 	the child is residing in a location that is confirmed to restrict contact with the alleged offender 
288.11 	as established in guidelines issued by the commissioner, or if the local welfare agency is 
288.12 	pursuing a court order for the child's caregiver to produce the child for questioning under 
288.13 	section 260E.22, subdivision 5.
288.14 	(c) At the initial contact with the alleged offender, the local welfare agency or the agency 
288.15 	responsible for assessing or investigating the report must inform the alleged offender of the 
288.16 	complaints or allegations made against the individual in a manner consistent with laws 
288.17 	protecting the rights of the person who made the report. The interview with the alleged 
288.18 	offender may be postponed if it would jeopardize an active law enforcement investigation.
288.19 	(d) The local welfare agency or the agency responsible for assessing or investigating 
288.20 	the report must provide the alleged offender with an opportunity to make a statement. The 
288.21 	alleged offender may submit supporting documentation relevant to the assessment or 
288.22 	investigation.

288.23 	Sec. 31. Minnesota Statutes 2020, section 260E.22, subdivision 2, is amended to read:
288.24 		Subd. 2.Child interview procedure. (a) The interview may take place at school or at 
288.25 	any facility or other place where the alleged victim or other children might be found or the 
288.26 	child may be transported to, and the interview may be conducted at a place appropriate for 
288.27 	the interview of a child designated by the local welfare agency or law enforcement agency.
288.28 	(b) When it is possible and the report alleges substantial child endangerment or sexual 
288.29 	abuse, the interview may take place outside the presence of the alleged offender or parent, 
288.30 	legal custodian, guardian, or school official. and may take place prior to any interviews of 
288.31 	the alleged offender.
289.1 	(c) For a family assessment, it is the preferred practice to request a parent or guardian's 
289.2 	permission to interview the child before conducting the child interview, unless doing so 
289.3 	would compromise the safety assessment.

289.4 	Sec. 32. Minnesota Statutes 2020, section 260E.24, subdivision 2, is amended to read:
289.5 		Subd. 2.Determination after family assessment. After conducting a family assessment, 
289.6 	the local welfare agency shall determine whether child protective services are needed to 
289.7 	address the safety of the child and other family members and the risk of subsequent 
289.8 	maltreatment. The local welfare agency must document the information collected under 
289.9 	section 260E.20, subdivision 3, related to the completed family assessment in the child's or 
289.10 	family's case notes.

289.11 	Sec. 33. Minnesota Statutes 2020, section 477A.0126, is amended by adding a subdivision 
289.12 	to read:
289.13 		Subd. 3a.Transfer of withheld aid amounts. (a) For aid payable in 2023 and later, the 
289.14 	commissioner must transfer the total amount of the aid reductions under subdivision 3, 
289.15 	paragraph (d), for that year to the Board of Regents of the University of Minnesota for the 
289.16 	Tribal and Training Certification Partnership in the College of Education and Human Service 
289.17 	Professions at the University of Minnesota, Duluth.
289.18 	(b) In order to support consistent training and county compliance with the Indian Child 
289.19 	Welfare Act and the Minnesota Indian Family Preservation Act, the Tribal Training and 
289.20 	Certification Partnership must use funds transferred under this subdivision to (1) enhance 
289.21 	training on the Indian Child Welfare Act and Minnesota Indian Family Preservation Act 
289.22 	for county workers and state guardians ad litem, and (2) build indigenous child welfare 
289.23 	training for the Tribal child welfare workforce.

289.24 	EFFECTIVE DATE. This section is effective for aid payable in 2023 and later.

289.25 	Sec. 34. Minnesota Statutes 2020, section 477A.0126, subdivision 7, is amended to read:
289.26 		Subd. 7.Appropriation. (a) $5,000,000 is annually appropriated to the commissioner 
289.27 	of revenue from the general fund to pay aid and make transfers required under this section.
289.28 	(b) $390,000 is appropriated annually from the general fund to the commissioner of 
289.29 	human services to implement subdivision 6.

289.30 	EFFECTIVE DATE. This section is effective for aid payable in 2023 and later.

290.1 	Sec. 35. Minnesota Statutes 2020, section 518.17, subdivision 1, is amended to read:
290.2 		Subdivision 1.Best interests of the child. (a) In evaluating the best interests of the child 
290.3 	for purposes of determining issues of custody and parenting time, the court must consider 
290.4 	and evaluate all relevant factors, including:
290.5 	(1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of 
290.6 	the proposed arrangements on the child's needs and development;
290.7 	(2) any special medical, mental health, developmental disability, or educational needs 
290.8 	that the child may have that may require special parenting arrangements or access to 
290.9 	recommended services;
290.10 	(3) the reasonable preference of the child, if the court deems the child to be of sufficient 
290.11 	ability, age, and maturity to express an independent, reliable preference;
290.12 	(4) whether domestic abuse, as defined in section 518B.01, has occurred in the parents' 
290.13 	or either parent's household or relationship; the nature and context of the domestic abuse; 
290.14 	and the implications of the domestic abuse for parenting and for the child's safety, well-being, 
290.15 	and developmental needs;
290.16 	(5) any physical, mental, or chemical health issue of a parent that affects the child's 
290.17 	safety or developmental needs;
290.18 	(6) the history and nature of each parent's participation in providing care for the child;
290.19 	(7) the willingness and ability of each parent to provide ongoing care for the child; to 
290.20 	meet the child's ongoing developmental, emotional, spiritual, and cultural needs; and to 
290.21 	maintain consistency and follow through with parenting time;
290.22 	(8) the effect on the child's well-being and development of changes to home, school, 
290.23 	and community;
290.24 	(9) the effect of the proposed arrangements on the ongoing relationships between the 
290.25 	child and each parent, siblings, and other significant persons in the child's life;
290.26 	(10) the benefit to the child in maximizing parenting time with both parents and the 
290.27 	detriment to the child in limiting parenting time with either parent;
290.28 	(11) except in cases in which domestic abuse as described in clause (4) has occurred, 
290.29 	the disposition of each parent to support the child's relationship with the other parent and 
290.30 	to encourage and permit frequent and continuing contact between the child and the other 
290.31 	parent; and
291.1 	(12) the willingness and ability of parents to cooperate in the rearing of their child; to 
291.2 	maximize sharing information and minimize exposure of the child to parental conflict; and 
291.3 	to utilize methods for resolving disputes regarding any major decision concerning the life 
291.4 	of the child.
291.5 	(b) Clauses (1) to (9) govern the application of the best interests of the child factors by 
291.6 	the court:
291.7 	(1) The court must make detailed findings on each of the factors in paragraph (a) based 
291.8 	on the evidence presented and explain how each factor led to its conclusions and to the 
291.9 	determination of custody and parenting time. The court may not use one factor to the 
291.10 	exclusion of all others, and the court shall consider that the factors may be interrelated.
291.11 	(2) The court shall consider that it is in the best interests of the child to promote the 
291.12 	child's healthy growth and development through safe, stable, nurturing relationships between 
291.13 	a child and both parents.
291.14 	(3) The court shall consider both parents as having the capacity to develop and sustain 
291.15 	nurturing relationships with their children unless there are substantial reasons to believe 
291.16 	otherwise. In assessing whether parents are capable of sustaining nurturing relationships 
291.17 	with their children, the court shall recognize that there are many ways that parents can 
291.18 	respond to a child's needs with sensitivity and provide the child love and guidance, and 
291.19 	these may differ between parents and among cultures.
291.20 	(4) The court shall not consider conduct of a party that does not affect the party's 
291.21 	relationship with the child.
291.22 	(5) Disability alone, as defined in section 363A.03, of a proposed custodian or the child 
291.23 	shall not be determinative of the custody of the child.
291.24 	(6) The court shall consider evidence of a violation of section 609.507 in determining 
291.25 	the best interests of the child.
291.26 	(7) There is no presumption for or against joint physical custody, except as provided in 
291.27 	clause (9).
291.28 	(8) Joint physical custody does not require an absolutely equal division of time.
291.29 	(9) The court shall use a rebuttable presumption that upon request of either or both 
291.30 	parties, joint legal custody is in the best interests of the child. However, the court shall use 
291.31 	a rebuttable presumption that joint legal custody or joint physical custody is not in the best 
291.32 	interests of the child if domestic abuse, as defined in section 518B.01, has occurred between 
291.33 	the parents. In determining whether the presumption is rebutted, the court shall consider 
292.1 	the nature and context of the domestic abuse and the implications of the domestic abuse for 
292.2 	parenting and for the child's safety, well-being, and developmental needs. Disagreement 
292.3 	alone over whether to grant sole or joint custody does not constitute an inability of parents 
292.4 	to cooperate in the rearing of their children as referenced in paragraph (a), clause (12).
292.5 	(c) In a proceeding involving the custodial responsibility of a service member's child, a 
292.6 	court may not consider only a parent's past deployment or possible future deployment in 
292.7 	determining the best interests of the child. For purposes of this paragraph, "custodial 
292.8 	responsibility" has the meaning given in section 518E.102, paragraph (f).

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

292.10 	Sec. 36. Minnesota Statutes 2020, section 518A.43, subdivision 1, is amended to read:
292.11 		Subdivision 1.General factors. Among other reasons, deviation from the presumptive 
292.12 	child support obligation computed under section 518A.34 is intended to encourage prompt 
292.13 	and regular payments of child support and to prevent either parent or the joint children from 
292.14 	living in poverty. In addition to the child support guidelines and other factors used to calculate 
292.15 	the child support obligation under section 518A.34, the court must take into consideration 
292.16 	the following factors in setting or modifying child support or in determining whether to 
292.17 	deviate upward or downward from the presumptive child support obligation:
292.18 	(1) all earnings, income, circumstances, and resources of each parent, including real and 
292.19 	personal property, but excluding income from excess employment of the obligor or obligee 
292.20 	that meets the criteria of section 518A.29, paragraph (b);
292.21 	(2) the extraordinary financial needs and resources, physical and emotional condition, 
292.22 	and educational needs of the child to be supported;
292.23 	(3) the standard of living the child would enjoy if the parents were currently living 
292.24 	together, but recognizing that the parents now have separate households;
292.25 	(4) whether the child resides in a foreign country for more than one year that has a 
292.26 	substantially higher or lower cost of living than this country;
292.27 	(5) which parent receives the income taxation dependency exemption and the financial 
292.28 	benefit the parent receives from it;
292.29 	(6) the parents' debts as provided in subdivision 2; and
292.30 	(7) the obligor's total payments for court-ordered child support exceed the limitations 
292.31 	set forth in section 571.922.; and
293.1 	(8) in cases involving court-ordered out-of-home placement, whether ordering and 
293.2 	redirecting a child support obligation to reimburse the county for the cost of care, 
293.3 	examination, or treatment would compromise the parent's ability to meet the requirements 
293.4 	of a reunification plan or the parent's ability to meet the child's needs after reunification.

293.5 	Sec. 37. Minnesota Statutes 2020, section 626.557, subdivision 4, is amended to read:
293.6 		Subd. 4.Reporting. (a) Except as provided in paragraph (b), a mandated reporter shall 
293.7 	immediately make an oral a report to the common entry point. The common entry point 
293.8 	may accept electronic reports submitted through a web-based reporting system established 
293.9 	by the commissioner. Use of a telecommunications device for the deaf or other similar 
293.10 	device shall be considered an oral report. The common entry point may not require written 
293.11 	reports. To the extent possible, the report must be of sufficient content to identify the 
293.12 	vulnerable adult, the caregiver, the nature and extent of the suspected maltreatment, any 
293.13 	evidence of previous maltreatment, the name and address of the reporter, the time, date, 
293.14 	and location of the incident, and any other information that the reporter believes might be 
293.15 	helpful in investigating the suspected maltreatment. A mandated reporter may disclose not 
293.16 	public data, as defined in section 13.02, and medical records under sections 144.291 to 
293.17 	144.298, to the extent necessary to comply with this subdivision.
293.18 	(b) A boarding care home that is licensed under sections 144.50 to 144.58 and certified 
293.19 	under Title 19 of the Social Security Act, a nursing home that is licensed under section 
293.20 	144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a hospital 
293.21 	that is licensed under sections 144.50 to 144.58 and has swing beds certified under Code 
293.22 	of Federal Regulations, title 42, section 482.66, may submit a report electronically to the 
293.23 	common entry point instead of submitting an oral report. The report may be a duplicate of 
293.24 	the initial report the facility submits electronically to the commissioner of health to comply 
293.25 	with the reporting requirements under Code of Federal Regulations, title 42, section 483.12. 
293.26 	The commissioner of health may modify these reporting requirements to include items 
293.27 	required under paragraph (a) that are not currently included in the electronic reporting form.

293.28 	Sec. 38. Minnesota Statutes 2020, section 626.557, subdivision 9, is amended to read:
293.29 		Subd. 9.Common entry point designation. (a) Each county board shall designate a 
293.30 	common entry point for reports of suspected maltreatment, for use until the commissioner 
293.31 	of human services establishes a common entry point. Two or more county boards may 
293.32 	jointly designate a single common entry point. The commissioner of human services shall 
294.1 	establish a common entry point effective July 1, 2015. The common entry point is the unit 
294.2 	responsible for receiving the report of suspected maltreatment under this section.
294.3 	(b) The common entry point must be available 24 hours per day to take calls from 
294.4 	reporters of suspected maltreatment. The common entry point shall use a standard intake 
294.5 	form that includes:
294.6 	(1) the time and date of the report;
294.7 	(2) the name, relationship, and identifying and contact information for the person believed 
294.8 	to be a vulnerable adult and the individual or facility alleged responsible for maltreatment;
294.9 	(3) the name, address, and telephone number of the person reporting; relationship, and 
294.10 	contact information for the:
294.11 	(i) reporter;
294.12 	(ii) initial reporter, witnesses, and persons who may have knowledge about the 
294.13 	maltreatment; and
294.14 	(iii) legal surrogate and persons who may provide support to the vulnerable adult;
294.15 	(4) the basis of vulnerability for the vulnerable adult;
294.16 	(3) (5) the time, date, and location of the incident;
294.17 	(4) the names of the persons involved, including but not limited to, perpetrators, alleged 
294.18 	victims, and witnesses;
294.19 	(5) whether there was a risk of imminent danger to the alleged victim;
294.20 	(6) the immediate safety risk to the vulnerable adult;
294.21 	(6) (7) a description of the suspected maltreatment;
294.22 	(7) the disability, if any, of the alleged victim;
294.23 	(8) the relationship of the alleged perpetrator to the alleged victim;
294.24 	(8) the impact of the suspected maltreatment on the vulnerable adult;
294.25 	(9) whether a facility was involved and, if so, which agency licenses the facility;
294.26 	(10) any action taken by the common entry point;
294.27 	(11) whether law enforcement has been notified;
294.28 	(10) the actions taken to protect the vulnerable adult;
294.29 	(11) the required notifications and referrals made by the common entry point; and
295.1 	(12) whether the reporter wishes to receive notification of the initial and final reports; 
295.2 	and disposition.
295.3 	(13) if the report is from a facility with an internal reporting procedure, the name, mailing 
295.4 	address, and telephone number of the person who initiated the report internally.
295.5 	(c) The common entry point is not required to complete each item on the form prior to 
295.6 	dispatching the report to the appropriate lead investigative agency.
295.7 	(d) The common entry point shall immediately report to a law enforcement agency any 
295.8 	incident in which there is reason to believe a crime has been committed.
295.9 	(e) If a report is initially made to a law enforcement agency or a lead investigative agency, 
295.10 	those agencies shall take the report on the appropriate common entry point intake forms 
295.11 	and immediately forward a copy to the common entry point.
295.12 	(f) The common entry point staff must receive training on how to screen and dispatch 
295.13 	reports efficiently and in accordance with this section.
295.14 	(g) The commissioner of human services shall maintain a centralized database for the 
295.15 	collection of common entry point data, lead investigative agency data including maltreatment 
295.16 	report disposition, and appeals data. The common entry point shall have access to the 
295.17 	centralized database and must log the reports into the database and immediately identify 
295.18 	and locate prior reports of abuse, neglect, or exploitation.
295.19 	(h) When appropriate, the common entry point staff must refer calls that do not allege 
295.20 	the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might 
295.21 	resolve the reporter's concerns.
295.22 	(i) A common entry point must be operated in a manner that enables the commissioner 
295.23 	of human services to:
295.24 	(1) track critical steps in the reporting, evaluation, referral, response, disposition, and 
295.25 	investigative process to ensure compliance with all requirements for all reports;
295.26 	(2) maintain data to facilitate the production of aggregate statistical reports for monitoring 
295.27 	patterns of abuse, neglect, or exploitation;
295.28 	(3) serve as a resource for the evaluation, management, and planning of preventative 
295.29 	and remedial services for vulnerable adults who have been subject to abuse, neglect, or 
295.30 	exploitation;
295.31 	(4) set standards, priorities, and policies to maximize the efficiency and effectiveness 
295.32 	of the common entry point; and
296.1 	(5) track and manage consumer complaints related to the common entry point.
296.2 	(j) The commissioners of human services and health shall collaborate on the creation of 
296.3 	a system for referring reports to the lead investigative agencies. This system shall enable 
296.4 	the commissioner of human services to track critical steps in the reporting, evaluation, 
296.5 	referral, response, disposition, investigation, notification, determination, and appeal processes.

296.6 	Sec. 39. Minnesota Statutes 2020, section 626.557, subdivision 9b, is amended to read:
296.7 		Subd. 9b.Response to reports. Law enforcement is the primary agency to conduct 
296.8 	investigations of any incident in which there is reason to believe a crime has been committed. 
296.9 	Law enforcement shall initiate a response immediately. If the common entry point notified 
296.10 	a county agency for emergency adult protective services, law enforcement shall cooperate 
296.11 	with that county agency when both agencies are involved and shall exchange data to the 
296.12 	extent authorized in subdivision 12b, paragraph (g). County adult protection shall initiate 
296.13 	a response immediately. Each lead investigative agency shall complete the investigative 
296.14 	process for reports within its jurisdiction. A lead investigative agency, county, adult protective 
296.15 	agency, licensed facility, or law enforcement agency shall cooperate with other agencies in 
296.16 	the provision of protective services, coordinating its investigations, and assisting another 
296.17 	agency within the limits of its resources and expertise and shall exchange data to the extent 
296.18 	authorized in subdivision 12b, paragraph (g). The lead investigative agency shall obtain the 
296.19 	results of any investigation conducted by law enforcement officials. The lead investigative 
296.20 	agency has the right to enter facilities and inspect and copy records as part of investigations. 
296.21 	The lead investigative agency has access to not public data, as defined in section 13.02, and 
296.22 	medical records under sections 144.291 to 144.298, that are maintained by facilities to the 
296.23 	extent necessary to conduct its investigation. Each lead investigative agency shall develop 
296.24 	guidelines for prioritizing reports for investigation. When a county acts as a lead investigative 
296.25 	agency, the county shall make guidelines available to the public regarding which reports 
296.26 	the county prioritizes for investigation and adult protective services.

296.27 	Sec. 40. Minnesota Statutes 2020, section 626.557, subdivision 9c, is amended to read:
296.28 		Subd. 9c.Lead investigative agency; notifications, dispositions, determinations. (a) 
296.29 	Upon request of the reporter, the lead investigative agency shall notify the reporter that it 
296.30 	has received the report, and provide information on the initial disposition of the report within 
296.31 	five business days of receipt of the report, provided that the notification will not endanger 
296.32 	the vulnerable adult or hamper the investigation.
297.1 	(b) In making the initial disposition of a report alleging maltreatment of a vulnerable 
297.2 	adult, the lead investigative agency may consider previous reports of suspected maltreatment 
297.3 	and may request and consider public information, records maintained by a lead investigative 
297.4 	agency or licensed providers, and information from any person who may have knowledge 
297.5 	regarding the alleged maltreatment and the basis for the adult's vulnerability.
297.6 	(c) When the county social service agency does not accept a report for adult protective 
297.7 	services or investigation, the agency may offer assistance to the reporter or the person who 
297.8 	was the subject of the report.
297.9 	(d) While investigating reports and providing adult protective services, the lead 
297.10 	investigative agency may coordinate with entities identified under subdivision 12b, paragraph 
297.11 	(g), and may coordinate with support persons to safeguard the welfare of the vulnerable 
297.12 	adult and prevent further maltreatment of the vulnerable adult.
297.13 	(b) (e) Upon conclusion of every investigation it conducts, the lead investigative agency 
297.14 	shall make a final disposition as defined in section 626.5572, subdivision 8.
297.15 	(c) (f) When determining whether the facility or individual is the responsible party for 
297.16 	substantiated maltreatment or whether both the facility and the individual are responsible 
297.17 	for substantiated maltreatment, the lead investigative agency shall consider at least the 
297.18 	following mitigating factors:
297.19 	(1) whether the actions of the facility or the individual caregivers were in accordance 
297.20 	with, and followed the terms of, an erroneous physician order, prescription, resident care 
297.21 	plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible 
297.22 	for the issuance of the erroneous order, prescription, plan, or directive or knows or should 
297.23 	have known of the errors and took no reasonable measures to correct the defect before 
297.24 	administering care;
297.25 	(2) the comparative responsibility between the facility, other caregivers, and requirements 
297.26 	placed upon the employee, including but not limited to, the facility's compliance with related 
297.27 	regulatory standards and factors such as the adequacy of facility policies and procedures, 
297.28 	the adequacy of facility training, the adequacy of an individual's participation in the training, 
297.29 	the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a 
297.30 	consideration of the scope of the individual employee's authority; and
297.31 	(3) whether the facility or individual followed professional standards in exercising 
297.32 	professional judgment.
298.1 	(d) (g) When substantiated maltreatment is determined to have been committed by an 
298.2 	individual who is also the facility license holder, both the individual and the facility must 
298.3 	be determined responsible for the maltreatment, and both the background study 
298.4 	disqualification standards under section 245C.15, subdivision 4, and the licensing actions 
298.5 	under section 245A.06 or 245A.07 apply.
298.6 	(e) (h) The lead investigative agency shall complete its final disposition within 60 
298.7 	calendar days. If the lead investigative agency is unable to complete its final disposition 
298.8 	within 60 calendar days, the lead investigative agency shall notify the following persons 
298.9 	provided that the notification will not endanger the vulnerable adult or hamper the 
298.10 	investigation: (1) the vulnerable adult or the vulnerable adult's guardian or health care agent, 
298.11 	when known, if the lead investigative agency knows them to be aware of the investigation; 
298.12 	and (2) the facility, where applicable. The notice shall contain the reason for the delay and 
298.13 	the projected completion date. If the lead investigative agency is unable to complete its final 
298.14 	disposition by a subsequent projected completion date, the lead investigative agency shall 
298.15 	again notify the vulnerable adult or the vulnerable adult's guardian or health care agent, 
298.16 	when known if the lead investigative agency knows them to be aware of the investigation, 
298.17 	and the facility, where applicable, of the reason for the delay and the revised projected 
298.18 	completion date provided that the notification will not endanger the vulnerable adult or 
298.19 	hamper the investigation. The lead investigative agency must notify the health care agent 
298.20 	of the vulnerable adult only if the health care agent's authority to make health care decisions 
298.21 	for the vulnerable adult is currently effective under section 145C.06 and not suspended 
298.22 	under section 524.5-310 and the investigation relates to a duty assigned to the health care 
298.23 	agent by the principal. A lead investigative agency's inability to complete the final disposition 
298.24 	within 60 calendar days or by any projected completion date does not invalidate the final 
298.25 	disposition.
298.26 	(f) Within ten calendar days of completing the final disposition (i) When the lead 
298.27 	investigative agency is the Department of Health or the Department of Human Services, 
298.28 	the lead investigative agency shall provide a copy of the public investigation memorandum 
298.29 	under subdivision 12b, paragraph (b), clause (1), when required to be completed under this 
298.30 	section, within ten calendar days of completing the final disposition to the following persons:
298.31 	(1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known, 
298.32 	unless the lead investigative agency knows that the notification would endanger the 
298.33 	well-being of the vulnerable adult;
298.34 	(2) the reporter, if the reporter requested notification when making the report, provided 
298.35 	this notification would not endanger the well-being of the vulnerable adult;
299.1 	(3) the alleged perpetrator person or facility alleged responsible for maltreatment, if 
299.2 	known;
299.3 	(4) the facility; and
299.4 	(5) the ombudsman for long-term care, or the ombudsman for mental health and 
299.5 	developmental disabilities, as appropriate.
299.6 	(j) When the lead investigative agency is a county agency, within ten calendar days of 
299.7 	completing the final disposition, the lead investigative agency shall provide notification of 
299.8 	the final disposition to the following persons:
299.9 	(1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known, 
299.10 	when the allegation is applicable to the authority of the vulnerable adult's guardian or health 
299.11 	care agent, unless the agency knows that the notification would endanger the well-being of 
299.12 	the vulnerable adult;
299.13 	(2) the individual determined responsible for maltreatment, if known; and
299.14 	(3) when the alleged incident involves a personal care assistant or provider agency, the 
299.15 	personal care provider organization under section 256B.0659. Upon implementation of 
299.16 	Community First Services and Supports (CFSS), this notification requirement applies to 
299.17 	the CFSS support worker or CFSS agency under section 256B.85.
299.18 	(g) (k) If, as a result of a reconsideration, review, or hearing, the lead investigative 
299.19 	agency changes the final disposition, or if a final disposition is changed on appeal, the lead 
299.20 	investigative agency shall notify the parties specified in paragraph (f) (k).
299.21 	(h) (l) The lead investigative agency shall notify the vulnerable adult who is the subject 
299.22 	of the report or the vulnerable adult's guardian or health care agent, if known, and any person 
299.23 	or facility determined to have maltreated a vulnerable adult, of their appeal or review rights 
299.24 	under this section or section 256.021.
299.25 	(i) (m) The lead investigative agency shall routinely provide investigation memoranda 
299.26 	for substantiated reports to the appropriate licensing boards. These reports must include the 
299.27 	names of substantiated perpetrators. The lead investigative agency may not provide 
299.28 	investigative memoranda for inconclusive or false reports to the appropriate licensing boards 
299.29 	unless the lead investigative agency's investigation gives reason to believe that there may 
299.30 	have been a violation of the applicable professional practice laws. If the investigation 
299.31 	memorandum is provided to a licensing board, the subject of the investigation memorandum 
299.32 	shall be notified and receive a summary of the investigative findings.
300.1 	(j) (n) In order to avoid duplication, licensing boards shall consider the findings of the 
300.2 	lead investigative agency in their investigations if they choose to investigate. This does not 
300.3 	preclude licensing boards from considering other information.
300.4 	(k) (o) The lead investigative agency must provide to the commissioner of human services 
300.5 	its final dispositions, including the names of all substantiated perpetrators. The commissioner 
300.6 	of human services shall establish records to retain the names of substantiated perpetrators.

300.7 	Sec. 41. Minnesota Statutes 2020, section 626.557, subdivision 9d, is amended to read:
300.8 		Subd. 9d.Administrative reconsideration; review panel. (a) Except as provided under 
300.9 	paragraph (e), any individual or facility which a lead investigative agency determines has 
300.10 	maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on behalf 
300.11 	of the vulnerable adult, regardless of the lead investigative agency's determination, who 
300.12 	contests the lead investigative agency's final disposition of an allegation of maltreatment, 
300.13 	may request the lead investigative agency to reconsider its final disposition. The request 
300.14 	for reconsideration must be submitted in writing to the lead investigative agency within 15 
300.15 	calendar days after receipt of notice of final disposition or, if the request is made by an 
300.16 	interested person who is not entitled to notice, within 15 days after receipt of the notice by 
300.17 	the vulnerable adult or the vulnerable adult's guardian or health care agent. If mailed, the 
300.18 	request for reconsideration must be postmarked and sent to the lead investigative agency 
300.19 	within 15 calendar days of the individual's or facility's receipt of the final disposition. If the 
300.20 	request for reconsideration is made by personal service, it must be received by the lead 
300.21 	investigative agency within 15 calendar days of the individual's or facility's receipt of the 
300.22 	final disposition. An individual who was determined to have maltreated a vulnerable adult 
300.23 	under this section and who was disqualified on the basis of serious or recurring maltreatment 
300.24 	under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment 
300.25 	determination and the disqualification. The request for reconsideration of the maltreatment 
300.26 	determination and the disqualification must be submitted in writing within 30 calendar days 
300.27 	of the individual's receipt of the notice of disqualification under sections 245C.16 and 
300.28 	245C.17. If mailed, the request for reconsideration of the maltreatment determination and 
300.29 	the disqualification must be postmarked and sent to the lead investigative agency within 30 
300.30 	calendar days of the individual's receipt of the notice of disqualification. If the request for 
300.31 	reconsideration is made by personal service, it must be received by the lead investigative 
300.32 	agency within 30 calendar days after the individual's receipt of the notice of disqualification.
300.33 	(b) Except as provided under paragraphs (e) and (f), if the lead investigative agency 
300.34 	denies the request or fails to act upon the request within 15 working days after receiving 
301.1 	the request for reconsideration, the person or facility entitled to a fair hearing under section 
301.2 	256.045, may submit to the commissioner of human services a written request for a hearing 
301.3 	under that statute. The vulnerable adult, or an interested person acting on behalf of the 
301.4 	vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review Panel 
301.5 	under section 256.021 if the lead investigative agency denies the request or fails to act upon 
301.6 	the request, or if the vulnerable adult or interested person contests a reconsidered disposition.
301.7 	The Vulnerable Adult Maltreatment Review Panel shall not conduct a review if the interested 
301.8 	person making the request on behalf of the vulnerable adult is also the individual or facility 
301.9 	alleged responsible for the maltreatment of the vulnerable adult. The lead investigative 
301.10 	agency shall notify persons who request reconsideration of their rights under this paragraph. 
301.11 	The request must be submitted in writing to the review panel and a copy sent to the lead 
301.12 	investigative agency within 30 calendar days of receipt of notice of a denial of a request for 
301.13 	reconsideration or of a reconsidered disposition. The request must specifically identify the 
301.14 	aspects of the lead investigative agency determination with which the person is dissatisfied.
301.15 	(c) If, as a result of a reconsideration or review, the lead investigative agency changes 
301.16 	the final disposition, it shall notify the parties specified in subdivision 9c, paragraph (f) (i).
301.17 	(d) For purposes of this subdivision, "interested person acting on behalf of the vulnerable 
301.18 	adult" means a person designated in writing by the vulnerable adult to act on behalf of the 
301.19 	vulnerable adult, or a legal guardian or conservator or other legal representative, a proxy 
301.20 	or health care agent appointed under chapter 145B or 145C, or an individual who is related 
301.21 	to the vulnerable adult, as defined in section 245A.02, subdivision 13.
301.22 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis 
301.23 	of a determination of maltreatment, which was serious or recurring, and the individual has 
301.24 	requested reconsideration of the maltreatment determination under paragraph (a) and 
301.25 	reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration 
301.26 	of the maltreatment determination and requested reconsideration of the disqualification 
301.27 	shall be consolidated into a single reconsideration. If reconsideration of the maltreatment 
301.28 	determination is denied and the individual remains disqualified following a reconsideration 
301.29 	decision, the individual may request a fair hearing under section 256.045. If an individual 
301.30 	requests a fair hearing on the maltreatment determination and the disqualification, the scope 
301.31 	of the fair hearing shall include both the maltreatment determination and the disqualification.
301.32 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
301.33 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
301.34 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
301.35 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
302.1 	under section 245A.08, the scope of the contested case hearing must include the maltreatment 
302.2 	determination, disqualification, and licensing sanction or denial of a license. In such cases, 
302.3 	a fair hearing must not be conducted under section 256.045. Except for family child care 
302.4 	and child foster care, reconsideration of a maltreatment determination under this subdivision, 
302.5 	and reconsideration of a disqualification under section 245C.22, must not be conducted 
302.6 	when:
302.7 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
302.8 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
302.9 	or the disqualification of a license holder based on serious or recurring maltreatment;
302.10 	(2) the denial of a license or licensing sanction is issued at the same time as the 
302.11 	maltreatment determination or disqualification; and
302.12 	(3) the license holder appeals the maltreatment determination or disqualification, and 
302.13 	denial of a license or licensing sanction.
302.14 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
302.15 	determination or disqualification, but does not appeal the denial of a license or a licensing 
302.16 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
302.17 	260E.33 and 626.557, subdivision 9d, and reconsideration of the disqualification shall be 
302.18 	conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as 
302.19 	provided under sections 245C.27, 260E.33, and 626.557, subdivision 9d.
302.20 	If the disqualified subject is an individual other than the license holder and upon whom 
302.21 	a background study must be conducted under chapter 245C, the hearings of all parties may 
302.22 	be consolidated into a single contested case hearing upon consent of all parties and the 
302.23 	administrative law judge.
302.24 	(g) Until August 1, 2002, an individual or facility that was determined by the 
302.25 	commissioner of human services or the commissioner of health to be responsible for neglect 
302.26 	under section 626.5572, subdivision 17, after October 1, 1995, and before August 1, 2001, 
302.27 	that believes that the finding of neglect does not meet an amended definition of neglect may 
302.28 	request a reconsideration of the determination of neglect. The commissioner of human 
302.29 	services or the commissioner of health shall mail a notice to the last known address of 
302.30 	individuals who are eligible to seek this reconsideration. The request for reconsideration 
302.31 	must state how the established findings no longer meet the elements of the definition of 
302.32 	neglect. The commissioner shall review the request for reconsideration and make a 
302.33 	determination within 15 calendar days. The commissioner's decision on this reconsideration 
302.34 	is the final agency action.
303.1 	(1) For purposes of compliance with the data destruction schedule under subdivision 
303.2 	12b, paragraph (d), when a finding of substantiated maltreatment has been changed as a 
303.3 	result of a reconsideration under this paragraph, the date of the original finding of a 
303.4 	substantiated maltreatment must be used to calculate the destruction date.
303.5 	(2) For purposes of any background studies under chapter 245C, when a determination 
303.6 	of substantiated maltreatment has been changed as a result of a reconsideration under this 
303.7 	paragraph, any prior disqualification of the individual under chapter 245C that was based 
303.8 	on this determination of maltreatment shall be rescinded, and for future background studies 
303.9 	under chapter 245C the commissioner must not use the previous determination of 
303.10 	substantiated maltreatment as a basis for disqualification or as a basis for referring the 
303.11 	individual's maltreatment history to a health-related licensing board under section 245C.31.

303.12 	Sec. 42. Minnesota Statutes 2020, section 626.557, subdivision 10, is amended to read:
303.13 		Subd. 10.Duties of county social service agency. (a) When the common entry point 
303.14 	refers a report to the county social service agency as the lead investigative agency or makes 
303.15 	a referral to the county social service agency for emergency adult protective services, or 
303.16 	when another lead investigative agency requests assistance from the county social service 
303.17 	agency for adult protective services, the county social service agency shall immediately 
303.18 	assess and offer emergency and continuing protective social services for purposes of 
303.19 	preventing further maltreatment and for safeguarding the welfare of the maltreated vulnerable 
303.20 	adult. The county shall use a standardized tool tools and the data system made available by 
303.21 	the commissioner. The information entered by the county into the standardized tool must 
303.22 	be accessible to the Department of Human Services. In cases of suspected sexual abuse, the 
303.23 	county social service agency shall immediately arrange for and make available to the 
303.24 	vulnerable adult appropriate medical examination and treatment. When necessary in order 
303.25 	to protect the vulnerable adult from further harm, the county social service agency shall 
303.26 	seek authority to remove the vulnerable adult from the situation in which the maltreatment 
303.27 	occurred. The county social service agency may also investigate to determine whether the 
303.28 	conditions which resulted in the reported maltreatment place other vulnerable adults in 
303.29 	jeopardy of being maltreated and offer protective social services that are called for by its 
303.30 	determination.
303.31 	(b) Within five business days of receipt of a report screened in by the county social 
303.32 	service agency for investigation, the county social service agency shall determine whether, 
303.33 	in addition to an assessment and services for the vulnerable adult, to also conduct an 
304.1 	investigation for final disposition of the individual or facility alleged to have maltreated the 
304.2 	vulnerable adult.
304.3 	(c) The county social service agency must investigate for a final disposition the individual 
304.4 	or facility alleged to have maltreated a vulnerable adult for each report accepted as lead 
304.5 	investigative agency involving an allegation of abuse, caregiver neglect that resulted in 
304.6 	harm to the vulnerable adult, financial exploitation that may be criminal, or an allegation 
304.7 	against a caregiver under chapter 256B.
304.8 	(d) An investigating county social service agency must make a final disposition for any 
304.9 	allegation when the county social service agency determines that a final disposition may 
304.10 	safeguard a vulnerable adult or may prevent further maltreatment.
304.11 	(e) If the county social service agency learns of an allegation listed in paragraph (c) after 
304.12 	the determination in paragraph (a), the county social service agency must change the initial 
304.13 	determination and conduct an investigation for final disposition of the individual or facility 
304.14 	alleged to have maltreated the vulnerable adult.
304.15 	(b) (f) County social service agencies may enter facilities and inspect and copy records 
304.16 	as part of an investigation. The county social service agency has access to not public data, 
304.17 	as defined in section 13.02, and medical records under sections 144.291 to 144.298, that 
304.18 	are maintained by facilities to the extent necessary to conduct its investigation. The inquiry 
304.19 	is not limited to the written records of the facility, but may include every other available 
304.20 	source of information.
304.21 	(c) (g) When necessary in order to protect a vulnerable adult from serious harm, the 
304.22 	county social service agency shall immediately intervene on behalf of that adult to help the 
304.23 	family, vulnerable adult, or other interested person by seeking any of the following:
304.24 	(1) a restraining order or a court order for removal of the perpetrator from the residence 
304.25 	of the vulnerable adult pursuant to section 518B.01;
304.26 	(2) the appointment of a guardian or conservator pursuant to sections 524.5-101 to 
304.27 	524.5-502, or guardianship or conservatorship pursuant to chapter 252A;
304.28 	(3) replacement of a guardian or conservator suspected of maltreatment and appointment 
304.29 	of a suitable person as guardian or conservator, pursuant to sections 524.5-101 to 524.5-502; 
304.30 	or
304.31 	(4) a referral to the prosecuting attorney for possible criminal prosecution of the 
304.32 	perpetrator under chapter 609.
305.1 	The expenses of legal intervention must be paid by the county in the case of indigent 
305.2 	persons, under section 524.5-502 and chapter 563.
305.3 	In proceedings under sections 524.5-101 to 524.5-502, if a suitable relative or other 
305.4 	person is not available to petition for guardianship or conservatorship, a county employee 
305.5 	shall present the petition with representation by the county attorney. The county shall contract 
305.6 	with or arrange for a suitable person or organization to provide ongoing guardianship 
305.7 	services. If the county presents evidence to the court exercising probate jurisdiction that it 
305.8 	has made a diligent effort and no other suitable person can be found, a county employee 
305.9 	may serve as guardian or conservator. The county shall not retaliate against the employee 
305.10 	for any action taken on behalf of the ward or protected person subject to guardianship or 
305.11 	conservatorship, even if the action is adverse to the county's interest. Any person retaliated 
305.12 	against in violation of this subdivision shall have a cause of action against the county and 
305.13 	shall be entitled to reasonable attorney fees and costs of the action if the action is upheld 
305.14 	by the court.

305.15 	Sec. 43. Minnesota Statutes 2020, section 626.557, subdivision 10b, is amended to read:
305.16 		Subd. 10b.Investigations; guidelines. (a) Each lead investigative agency shall develop 
305.17 	guidelines for prioritizing reports for investigation.
305.18 	(b) When investigating a report, the lead investigative agency shall conduct the following 
305.19 	activities, as appropriate:
305.20 	(1) interview of the alleged victim vulnerable adult;
305.21 	(2) interview of the reporter and others who may have relevant information;
305.22 	(3) interview of the alleged perpetrator individual or facility alleged responsible for 
305.23 	maltreatment; and
305.24 	(4) examination of the environment surrounding the alleged incident;
305.25 	(5) (4) review of records and pertinent documentation of the alleged incident; and.
305.26 	(6) consultation with professionals.
305.27 	(c) The lead investigative agency shall conduct the following activities as appropriate 
305.28 	to further the investigation, to prevent further maltreatment, or to safeguard the vulnerable 
305.29 	adult:
305.30 	(1) examining the environment surrounding the alleged incident;
305.31 	(2) consulting with professionals; and
306.1 	(3) communicating with state, federal, tribal, and other agencies including:
306.2 	(i) service providers;
306.3 	(ii) case managers;
306.4 	(iii) ombudsmen; and
306.5 	(iv) support persons for the vulnerable adult.
306.6 	(d) The lead investigative agency may decide not to conduct an interview of a vulnerable 
306.7 	adult, reporter, or witness under paragraph (b) if:
306.8 	(1) the vulnerable adult, reporter, or witness declines to have an interview with the 
306.9 	agency or is unable to be contacted despite the agency's diligent attempts;
306.10 	(2) an interview of the vulnerable adult or reporter was conducted by law enforcement 
306.11 	or a professional trained in forensic interview and an additional interview will not further 
306.12 	the investigation;
306.13 	(3) an interview of the witness will not further the investigation; or
306.14 	(4) the agency has a reason to believe that the interview will endanger the vulnerable 
306.15 	adult.

306.16 	Sec. 44. Minnesota Statutes 2020, section 626.557, subdivision 12b, is amended to read:
306.17 		Subd. 12b.Data management. (a) In performing any of the duties of this section as a 
306.18 	lead investigative agency, the county social service agency shall maintain appropriate 
306.19 	records. Data collected by the county social service agency under this section while providing 
306.20 	adult protective services are welfare data under section 13.46. Investigative data collected 
306.21 	under this section are confidential data on individuals or protected nonpublic data as defined 
306.22 	under section 13.02. Notwithstanding section 13.46, subdivision 1, paragraph (a), data under 
306.23 	this paragraph that are inactive investigative data on an individual who is a vendor of services 
306.24 	are private data on individuals, as defined in section 13.02. The identity of the reporter may 
306.25 	only be disclosed as provided in paragraph (c).
306.26 	Data maintained by the common entry point are confidential data on individuals or 
306.27 	protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, the 
306.28 	common entry point shall maintain data for three calendar years after date of receipt and 
306.29 	then destroy the data unless otherwise directed by federal requirements.
306.30 	(b) The commissioners of health and human services shall prepare an investigation 
306.31 	memorandum for each report alleging maltreatment investigated under this section. County 
307.1 	social service agencies must maintain private data on individuals but are not required to 
307.2 	prepare an investigation memorandum. During an investigation by the commissioner of 
307.3 	health or the commissioner of human services, data collected under this section are 
307.4 	confidential data on individuals or protected nonpublic data as defined in section 13.02. 
307.5 	Upon completion of the investigation, the data are classified as provided in clauses (1) to 
307.6 	(3) and paragraph (c).
307.7 	(1) The investigation memorandum must contain the following data, which are public:
307.8 	(i) the name of the facility investigated;
307.9 	(ii) a statement of the nature of the alleged maltreatment;
307.10 	(iii) pertinent information obtained from medical or other records reviewed;
307.11 	(iv) the identity of the investigator;
307.12 	(v) a summary of the investigation's findings;
307.13 	(vi) statement of whether the report was found to be substantiated, inconclusive, false, 
307.14 	or that no determination will be made;
307.15 	(vii) a statement of any action taken by the facility;
307.16 	(viii) a statement of any action taken by the lead investigative agency; and
307.17 	(ix) when a lead investigative agency's determination has substantiated maltreatment, a 
307.18 	statement of whether an individual, individuals, or a facility were responsible for the 
307.19 	substantiated maltreatment, if known.
307.20 	The investigation memorandum must be written in a manner which protects the identity 
307.21 	of the reporter and of the vulnerable adult and may not contain the names or, to the extent 
307.22 	possible, data on individuals or private data listed in clause (2).
307.23 	(2) Data on individuals collected and maintained in the investigation memorandum are 
307.24 	private data, including:
307.25 	(i) the name of the vulnerable adult;
307.26 	(ii) the identity of the individual alleged to be the perpetrator;
307.27 	(iii) the identity of the individual substantiated as the perpetrator; and
307.28 	(iv) the identity of all individuals interviewed as part of the investigation.
307.29 	(3) Other data on individuals maintained as part of an investigation under this section 
307.30 	are private data on individuals upon completion of the investigation.
308.1 	(c) After the assessment or investigation is completed, The name of the reporter must 
308.2 	be confidential. The subject of the report may compel disclosure of the name of the reporter 
308.3 	only with the consent of the reporter or upon a written finding by a court that the report was 
308.4 	false and there is evidence that the report was made in bad faith. This subdivision does not 
308.5 	alter disclosure responsibilities or obligations under the Rules of Criminal Procedure, except 
308.6 	that where the identity of the reporter is relevant to a criminal prosecution, the district court 
308.7 	shall do an in-camera review prior to determining whether to order disclosure of the identity 
308.8 	of the reporter.
308.9 	(d) Notwithstanding section 138.163, data maintained under this section by the 
308.10 	commissioners of health and human services must be maintained under the following 
308.11 	schedule and then destroyed unless otherwise directed by federal requirements:
308.12 	(1) data from reports determined to be false, maintained for three years after the finding 
308.13 	was made;
308.14 	(2) data from reports determined to be inconclusive, maintained for four years after the 
308.15 	finding was made;
308.16 	(3) data from reports determined to be substantiated, maintained for seven years after 
308.17 	the finding was made; and
308.18 	(4) data from reports which were not investigated by a lead investigative agency and for 
308.19 	which there is no final disposition, maintained for three years from the date of the report.
308.20 	(e) The commissioners of health and human services shall annually publish on their 
308.21 	websites the number and type of reports of alleged maltreatment involving licensed facilities 
308.22 	reported under this section, the number of those requiring investigation under this section, 
308.23 	and the resolution of those investigations. On a biennial basis, the commissioners of health 
308.24 	and human services shall jointly report the following information to the legislature and the 
308.25 	governor:
308.26 	(1) the number and type of reports of alleged maltreatment involving licensed facilities 
308.27 	reported under this section, the number of those requiring investigations under this section, 
308.28 	the resolution of those investigations, and which of the two lead agencies was responsible;
308.29 	(2) trends about types of substantiated maltreatment found in the reporting period;
308.30 	(3) if there are upward trends for types of maltreatment substantiated, recommendations 
308.31 	for addressing and responding to them;
308.32 	(4) efforts undertaken or recommended to improve the protection of vulnerable adults;
309.1 	(5) whether and where backlogs of cases result in a failure to conform with statutory 
309.2 	time frames and recommendations for reducing backlogs if applicable;
309.3 	(6) recommended changes to statutes affecting the protection of vulnerable adults; and
309.4 	(7) any other information that is relevant to the report trends and findings.
309.5 	(f) Each lead investigative agency must have a record retention policy.
309.6 	(g) Lead investigative agencies, county agencies responsible for adult protective services,
309.7 	prosecuting authorities, and law enforcement agencies may exchange not public data, as 
309.8 	defined in section 13.02, with a tribal agency, facility, service provider, vulnerable adult, 
309.9 	primary support person for a vulnerable adult, state licensing board, federal or state agency, 
309.10 	the ombudsman for long-term care, or the ombudsman for mental health and developmental 
309.11 	disabilities, if the agency or authority requesting providing the data determines that the data 
309.12 	are pertinent and necessary to the requesting agency in initiating, furthering, or completing
309.13 	to prevent further maltreatment of a vulnerable adult, to safeguard a vulnerable adult, or for
309.14 	an investigation under this section. Data collected under this section must be made available 
309.15 	to prosecuting authorities and law enforcement officials, local county agencies, and licensing 
309.16 	agencies investigating the alleged maltreatment under this section. The lead investigative 
309.17 	agency shall exchange not public data with the vulnerable adult maltreatment review panel 
309.18 	established in section 256.021 if the data are pertinent and necessary for a review requested 
309.19 	under that section. Notwithstanding section 138.17, upon completion of the review, not 
309.20 	public data received by the review panel must be destroyed.
309.21 	(h) Each lead investigative agency shall keep records of the length of time it takes to 
309.22 	complete its investigations.
309.23 	(i) A lead investigative agency may notify other affected parties and their authorized 
309.24 	representative if the lead investigative agency has reason to believe maltreatment has occurred 
309.25 	and determines the information will safeguard the well-being of the affected parties or dispel 
309.26 	widespread rumor or unrest in the affected facility.
309.27 	(j) Under any notification provision of this section, where federal law specifically 
309.28 	prohibits the disclosure of patient identifying information, a lead investigative agency may 
309.29 	not provide any notice unless the vulnerable adult has consented to disclosure in a manner 
309.30 	which conforms to federal requirements.

309.31 	Sec. 45. Minnesota Statutes 2020, section 626.5571, subdivision 1, is amended to read:
309.32 		Subdivision 1.Establishment of team. A county may establish a multidisciplinary adult 
309.33 	protection team comprised of the director of the local welfare agency or designees, the 
310.1 	county attorney or designees, the county sheriff or designees, and representatives of health 
310.2 	care. In addition, representatives of mental health or other appropriate human service 
310.3 	agencies, representatives from local tribal governments, and adult advocate groups, and any 
310.4 	other organization with relevant expertise may be added to the adult protection team.

310.5 	Sec. 46. Minnesota Statutes 2020, section 626.5571, subdivision 2, is amended to read:
310.6 		Subd. 2.Duties of team. A multidisciplinary adult protection team may provide public 
310.7 	and professional education, develop resources for prevention, intervention, and treatment, 
310.8 	and provide case consultation to the local welfare agency to better enable the agency to 
310.9 	carry out its adult protection functions under section 626.557 and to meet the community's 
310.10 	needs for adult protection services. Case consultation may be performed by a committee of 
310.11 	the team composed of the team members representing social services, law enforcement, the 
310.12 	county attorney, health care, and persons directly involved in an individual case as determined 
310.13 	by the case consultation committee. Case consultation is includes a case review process that 
310.14 	results in recommendations about services to be provided to the identified adult and family.

310.15 	Sec. 47. Minnesota Statutes 2020, section 626.5572, subdivision 2, is amended to read:
310.16 		Subd. 2.Abuse. "Abuse" means:
310.17 	(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate, 
310.18 	or aiding and abetting a violation of:
310.19 	(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;
310.20 	(2) the use of drugs to injure or facilitate crime as defined in section 609.235;
310.21 	(3) the solicitation, inducement, and promotion of prostitution as defined in section 
310.22 	609.322; and
310.23 	(4) criminal sexual conduct in the first through fifth degrees as defined in sections 
310.24 	609.342 to 609.3451.
310.25 	A violation includes any action that meets the elements of the crime, regardless of 
310.26 	whether there is a criminal proceeding or conviction.
310.27 	(b) Conduct which is not an accident or therapeutic conduct as defined in this section, 
310.28 	which produces or could reasonably be expected to produce physical pain or injury or 
310.29 	emotional distress including, but not limited to, the following:
310.30 	(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable 
310.31 	adult;
311.1 	(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable 
311.2 	adult or the treatment of a vulnerable adult which would be considered by a reasonable 
311.3 	person to be disparaging, derogatory, humiliating, harassing, or threatening; or
311.4 	(3) use of any aversive or deprivation procedure, unreasonable confinement, or 
311.5 	involuntary seclusion, including the forced separation of the vulnerable adult from other 
311.6 	persons against the will of the vulnerable adult or the legal representative of the vulnerable 
311.7 	adult; and unless authorized under applicable licensing requirements or Minnesota Rules, 
311.8 	chapter 9544.
311.9 	(4) use of any aversive or deprivation procedures for persons with developmental 
311.10 	disabilities or related conditions not authorized under section 245.825.
311.11 	(c) Any sexual contact or penetration as defined in section 609.341, between a facility 
311.12 	staff person or a person providing services in the facility and a resident, patient, or client 
311.13 	of that facility.
311.14 	(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the 
311.15 	vulnerable adult's will to perform services for the advantage of another.
311.16 	(e) For purposes of this section, a vulnerable adult is not abused for the sole reason that 
311.17 	the vulnerable adult or a person with authority to make health care decisions for the 
311.18 	vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section 
311.19 	253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority 
311.20 	and within the boundary of reasonable medical practice, to any therapeutic conduct, including 
311.21 	any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition 
311.22 	of the vulnerable adult or, where permitted under law, to provide nutrition and hydration 
311.23 	parenterally or through intubation. This paragraph does not enlarge or diminish rights 
311.24 	otherwise held under law by:
311.25 	(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 
311.26 	involved family member, to consent to or refuse consent for therapeutic conduct; or
311.27 	(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.
311.28 	(f) For purposes of this section, a vulnerable adult is not abused for the sole reason that 
311.29 	the vulnerable adult, a person with authority to make health care decisions for the vulnerable 
311.30 	adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for 
311.31 	treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, 
311.32 	provided that this is consistent with the prior practice or belief of the vulnerable adult or 
311.33 	with the expressed intentions of the vulnerable adult.
312.1 	(g) For purposes of this section, a vulnerable adult is not abused for the sole reason that 
312.2 	the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional 
312.3 	dysfunction or undue influence, engages in consensual sexual contact with:
312.4 	(1) a person, including a facility staff person, when a consensual sexual personal 
312.5 	relationship existed prior to the caregiving relationship; or
312.6 	(2) a personal care attendant, regardless of whether the consensual sexual personal 
312.7 	relationship existed prior to the caregiving relationship.

312.8 	Sec. 48. Minnesota Statutes 2020, section 626.5572, subdivision 4, is amended to read:
312.9 		Subd. 4.Caregiver. "Caregiver" means an individual or facility who has responsibility 
312.10 	for all or a portion of the care of a vulnerable adult as a result of a family relationship, or 
312.11 	who has assumed responsibility for all or a portion of the care of a vulnerable adult
312.12 	voluntarily, by contract, or by agreement. Caregiver does not include an unpaid caregiver 
312.13 	who provides incidental care.

312.14 	Sec. 49. Minnesota Statutes 2020, section 626.5572, subdivision 17, is amended to read:
312.15 		Subd. 17.Neglect. "Neglect" means: Neglect means neglect by a caregiver or self-neglect.
312.16 	(a) "Caregiver neglect" means the failure or omission by a caregiver to supply a vulnerable 
312.17 	adult with care or services, including but not limited to, food, clothing, shelter, health care, 
312.18 	or supervision which is:
312.19 	(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or 
312.20 	mental health or safety, considering the physical and mental capacity or dysfunction of the 
312.21 	vulnerable adult; and
312.22 	(2) which is not the result of an accident or therapeutic conduct.
312.23 	(b) The absence or likelihood of absence of care or services, including but not limited 
312.24 	to, food, clothing, shelter, health care, or supervision necessary to maintain the physical 
312.25 	and mental health of the vulnerable adult "Self-neglect" means neglect by a vulnerable adult 
312.26 	of the vulnerable adult's own food, clothing, shelter, health care, or other services that are 
312.27 	not the responsibility of a caregiver which a reasonable person would deem essential to 
312.28 	obtain or maintain the vulnerable adult's health, safety, or comfort considering the physical 
312.29 	or mental capacity or dysfunction of the vulnerable adult.
312.30 	(c) For purposes of this section, a vulnerable adult is not neglected for the sole reason 
312.31 	that:
313.1 	(1) the vulnerable adult or a person with authority to make health care decisions for the 
313.2 	vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 
313.3 	253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with 
313.4 	that authority and within the boundary of reasonable medical practice, to any therapeutic 
313.5 	conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical 
313.6 	or mental condition of the vulnerable adult, or, where permitted under law, to provide 
313.7 	nutrition and hydration parenterally or through intubation; this paragraph does not enlarge 
313.8 	or diminish rights otherwise held under law by:
313.9 	(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 
313.10 	involved family member, to consent to or refuse consent for therapeutic conduct; or
313.11 	(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or
313.12 	(2) the vulnerable adult, a person with authority to make health care decisions for the 
313.13 	vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or 
313.14 	prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of 
313.15 	medical care, provided that this is consistent with the prior practice or belief of the vulnerable 
313.16 	adult or with the expressed intentions of the vulnerable adult;
313.17 	(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or 
313.18 	emotional dysfunction or undue influence, engages in consensual sexual contact with:
313.19 	(i) a person including a facility staff person when a consensual sexual personal 
313.20 	relationship existed prior to the caregiving relationship; or
313.21 	(ii) a personal care attendant, regardless of whether the consensual sexual personal 
313.22 	relationship existed prior to the caregiving relationship; or
313.23 	(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable 
313.24 	adult which does not result in injury or harm which reasonably requires medical or mental 
313.25 	health care; or
313.26 	(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable 
313.27 	adult that results in injury or harm, which reasonably requires the care of a physician, and:
313.28 	(i) the necessary care is provided in a timely fashion as dictated by the condition of the 
313.29 	vulnerable adult;
313.30 	(ii) if after receiving care, the health status of the vulnerable adult can be reasonably 
313.31 	expected, as determined by the attending physician, to be restored to the vulnerable adult's 
313.32 	preexisting condition;
314.1 	(iii) the error is not part of a pattern of errors by the individual;
314.2 	(iv) if in a facility, the error is immediately reported as required under section 626.557, 
314.3 	and recorded internally in the facility;
314.4 	(v) if in a facility, the facility identifies and takes corrective action and implements 
314.5 	measures designed to reduce the risk of further occurrence of this error and similar errors; 
314.6 	and
314.7 	(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently 
314.8 	documented for review and evaluation by the facility and any applicable licensing, 
314.9 	certification, and ombudsman agency.
314.10 	(d) Nothing in this definition requires a caregiver, if regulated, to provide services in 
314.11 	excess of those required by the caregiver's license, certification, registration, or other 
314.12 	regulation.
314.13 	(e) If the findings of an investigation by a lead investigative agency result in a 
314.14 	determination of substantiated maltreatment for the sole reason that the actions required of 
314.15 	a facility under paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the 
314.16 	facility is subject to a correction order. An individual will not be found to have neglected 
314.17 	or maltreated the vulnerable adult based solely on the facility's not having taken the actions 
314.18 	required under paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead 
314.19 	investigative agency's determination of mitigating factors under section 626.557, subdivision 
314.20 	9c, paragraph (c) (f).

314.21 	Sec. 50. Laws 2021, First Special Session chapter 7, article 10, section 1, the effective 
314.22 	date, is amended to read:

314.23 	EFFECTIVE DATE. This section is effective June 1, 2022 2023.

314.24 	Sec. 51. Laws 2021, First Special Session chapter 7, article 10, section 3, is amended to 
314.25 	read:
314.26 	Sec. 3. LEGISLATIVE TASK FORCE; CHILD PROTECTION.
 314.27 	(a) A legislative task force is created to:
314.28 	(1) review the efforts being made to implement the recommendations of the Governor's 
314.29 	Task Force on the Protection of Children;
314.30 	(2) expand the efforts into related areas of the child welfare system;
315.1 	(3) work with the commissioner of human services and community partners to establish 
315.2 	and evaluate child protection grants to address disparities in child welfare pursuant to 
315.3 	Minnesota Statutes, section 256E.28;
315.4 	(4) review and recommend alternatives to law enforcement responding to a maltreatment 
315.5 	report by removing the child and evaluate situations in which it may be appropriate for a 
315.6 	social worker or other child protection worker to remove the child from the home;
315.7 	(5) evaluate current statutes governing mandatory reporters, consider the modification 
315.8 	of mandatory reporting requirements for private or public youth recreation programs, and, 
315.9 	if necessary, introduce legislation by February 15, 2022, to implement appropriate 
315.10 	modifications;
315.11 	(6) evaluate and consider the intersection of educational neglect and the child protection 
315.12 	system; and
315.13 	(7) identify additional areas within the child welfare system that need to be addressed 
315.14 	by the legislature.
315.15 	(b) Members of the legislative task force shall include:
315.16 	(1) six members from the house of representatives appointed by the speaker of the house, 
315.17 	including three from the majority party and three from the minority party; and
315.18 	(2) six members from the senate, including three members appointed by the senate 
315.19 	majority leader and three members appointed by the senate minority leader.
315.20 	(c) Members of the task force shall serve a term that expires on December 31 of the 
315.21 	even-numbered odd-numbered year following the year they are appointed. The speaker of 
315.22 	the house and the majority leader of the senate shall each appoint a chair and vice-chair 
315.23 	from the membership of the task force. The chair shall rotate after each meeting. The task 
315.24 	force must meet at least quarterly.
315.25 	(d) Initial appointments to the task force shall be made by July 15, 2021 2022. The chair 
315.26 	shall convene the first meeting of the task force by August 15, 2021 2022.
315.27 	(e) The task force may provide oversight and monitoring of:
315.28 	(1) the efforts by the Department of Human Services, counties, and Tribes to implement 
315.29 	laws related to child protection;
315.30 	(2) efforts by the Department of Human Services, counties, and Tribes to implement the 
315.31 	recommendations of the Governor's Task Force on the Protection of Children;
316.1 	(3) efforts by agencies including but not limited to the Department of Education, the 
316.2 	Housing Finance Agency, the Department of Corrections, and the Department of Public 
316.3 	Safety, to work with the Department of Human Services to assure safety and well-being for 
316.4 	children at risk of harm or children in the child welfare system; and
316.5 	(4) efforts by the Department of Human Services, other agencies, counties, and Tribes 
316.6 	to implement best practices to ensure every child is protected from maltreatment and neglect 
316.7 	and to ensure every child has the opportunity for healthy development.
316.8 	(f) The task force, in cooperation with the commissioner of human services, shall issue 
316.9 	a report to the legislature and governor by February 1, 2024. The report must contain 
316.10 	information on the progress toward implementation of changes to the child protection system, 
316.11 	recommendations for additional legislative changes and procedures affecting child protection 
316.12 	and child welfare, and funding needs to implement recommended changes.
316.13 	(g) (f) This section expires December 31, 2024 2025.

316.14 	ARTICLE 9
316.15 	ECONOMIC ASSISTANCE

316.16 	Section 1. Minnesota Statutes 2020, section 256D.0515, is amended to read:
316.17 	256D.0515 ASSET LIMITATIONS FOR SUPPLEMENTAL NUTRITION 
316.18 	ASSISTANCE PROGRAM HOUSEHOLDS.
316.19 	All Supplemental Nutrition Assistance Program (SNAP) households must be determined 
316.20 	eligible for the benefit discussed under section 256.029. SNAP households must demonstrate 
316.21 	that their gross income is equal to or less than 165 200 percent of the federal poverty 
316.22 	guidelines for the same family size.

316.23 	EFFECTIVE DATE. This section is effective September 1, 2022.

316.24 	Sec. 2. Minnesota Statutes 2020, section 256E.36, subdivision 1, is amended to read:
316.25 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
316.26 	(b) "Commissioner" means the commissioner of human services.
316.27 	(c) "Eligible organization" means a local governmental unit, federally recognized Tribal 
316.28 	Nation, or nonprofit organization providing or seeking to provide emergency services for 
316.29 	homeless persons.
316.30 	(d) "Emergency services" means:
317.1 	(1) providing emergency shelter for homeless persons; and
317.2 	(2) assisting homeless persons in obtaining essential services, including:
317.3 	(i) access to permanent housing;
317.4 	(ii) medical and psychological help;
317.5 	(iii) employment counseling and job placement;
317.6 	(iv) substance abuse treatment;
317.7 	(v) financial assistance available from other programs;
317.8 	(vi) emergency child care;
317.9 	(vii) transportation; and
317.10 	(viii) other services needed to stabilize housing.

317.11 	EFFECTIVE DATE. This section is effective July 1, 2022.

317.12 	Sec. 3. Minnesota Statutes 2020, section 256P.04, subdivision 11, is amended to read:
317.13 		Subd. 11.Participant's completion of household report form. (a) When a participant 
317.14 	is required to complete a household report form, the following paragraphs apply.
317.15 	(b) If the agency receives an incomplete household report form, the agency must 
317.16 	immediately return the incomplete form and clearly state what the participant must do for 
317.17 	the form to be complete contact the participant by phone or in writing to acquire the necessary 
317.18 	information to complete the form.
317.19 	(c) The automated eligibility system must send a notice of proposed termination of 
317.20 	assistance to the participant if a complete household report form is not received by the 
317.21 	agency. The automated notice must be mailed to the participant by approximately the 16th 
317.22 	of the month. When a participant submits an incomplete form on or after the date a notice 
317.23 	of proposed termination has been sent, the termination is valid unless the participant submits 
317.24 	a complete form before the end of the month.
317.25 	(d) The submission of a household report form is considered to have continued the 
317.26 	participant's application for assistance if a complete household report form is received within 
317.27 	a calendar month after the month in which the form was due. Assistance shall be paid for 
317.28 	the period beginning with the first day of that calendar month.
317.29 	(e) An agency must allow good cause exemptions for a participant required to complete 
317.30 	a household report form when any of the following factors cause a participant to fail to 
318.1 	submit a completed household report form before the end of the month in which the form 
318.2 	is due:
318.3 	(1) an employer delays completion of employment verification;
318.4 	(2) the agency does not help a participant complete the household report form when the 
318.5 	participant asks for help;
318.6 	(3) a participant does not receive a household report form due to a mistake on the part 
318.7 	of the department or the agency or a reported change in address;
318.8 	(4) a participant is ill or physically or mentally incapacitated; or
318.9 	(5) some other circumstance occurs that a participant could not avoid with reasonable 
318.10 	care which prevents the participant from providing a completed household report form 
318.11 	before the end of the month in which the form is due.

318.12 	Sec. 4. Minnesota Statutes 2021 Supplement, section 256P.06, subdivision 3, is amended 
318.13 	to read:
318.14 		Subd. 3.Income inclusions. The following must be included in determining the income 
318.15 	of an assistance unit:
318.16 	(1) earned income; and
318.17 	(2) unearned income, which includes:
318.18 	(i) interest and dividends from investments and savings;
318.19 	(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
318.20 	(iii) proceeds from rent and contract for deed payments in excess of the principal and 
318.21 	interest portion owed on property;
318.22 	(iv) income from trusts, excluding special needs and supplemental needs trusts;
318.23 	(v) interest income from loans made by the participant or household;
318.24 	(vi) cash prizes and winnings;
318.25 	(vii) unemployment insurance income that is received by an adult member of the 
318.26 	assistance unit unless the individual receiving unemployment insurance income is:
318.27 	(A) 18 years of age and enrolled in a secondary school; or
318.28 	(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;
318.29 	(viii) retirement, survivors, and disability insurance payments;
319.1 	(ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A) 
319.2 	from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or 
319.3 	refund of personal or real property or costs or losses incurred when these payments are 
319.4 	made by: a public agency; a court; solicitations through public appeal; a federal, state, or 
319.5 	local unit of government; or a disaster assistance organization; (C) provided as an in-kind 
319.6 	benefit; or (D) earmarked and used for the purpose for which it was intended, subject to 
319.7 	verification requirements under section 256P.04;
319.8 	(x) retirement benefits;
319.9 	(xi) cash assistance benefits, as defined by each program in chapters 119B, 256D, 256I, 
319.10 	and 256J;
319.11 	(xii) Tribal per capita payments unless excluded by federal and state law;
319.12 	(xiii) income and payments from service and rehabilitation programs that meet or exceed 
319.13 	the state's minimum wage rate;
319.14 	(xiv) (xiii) income from members of the United States armed forces unless excluded 
319.15 	from income taxes according to federal or state law;
319.16 	(xv) (xiv) all child support payments for programs under chapters 119B, 256D, and 256I;
319.17 	(xvi) (xv) the amount of child support received that exceeds $100 for assistance units 
319.18 	with one child and $200 for assistance units with two or more children for programs under 
319.19 	chapter 256J;
319.20 	(xvii) (xvi) spousal support; and
319.21 	(xviii) (xvii) workers' compensation.

319.22 	EFFECTIVE DATE. This section is effective November 1, 2022.

319.23 	Sec. 5. Minnesota Statutes 2020, section 268.19, subdivision 1, is amended to read:
319.24 		Subdivision 1.Use of data. (a) Except as provided by this section, data gathered from 
319.25 	any person under the administration of the Minnesota Unemployment Insurance Law are 
319.26 	private data on individuals or nonpublic data not on individuals as defined in section 13.02, 
319.27 	subdivisions 9 and 12, and may not be disclosed except according to a district court order 
319.28 	or section 13.05. A subpoena is not considered a district court order. These data may be 
319.29 	disseminated to and used by the following agencies without the consent of the subject of 
319.30 	the data:
320.1 	(1) state and federal agencies specifically authorized access to the data by state or federal 
320.2 	law;
320.3 	(2) any agency of any other state or any federal agency charged with the administration 
320.4 	of an unemployment insurance program;
320.5 	(3) any agency responsible for the maintenance of a system of public employment offices 
320.6 	for the purpose of assisting individuals in obtaining employment;
320.7 	(4) the public authority responsible for child support in Minnesota or any other state in 
320.8 	accordance with section 256.978;
320.9 	(5) human rights agencies within Minnesota that have enforcement powers;
320.10 	(6) the Department of Revenue to the extent necessary for its duties under Minnesota 
320.11 	laws;
320.12 	(7) public and private agencies responsible for administering publicly financed assistance 
320.13 	programs for the purpose of monitoring the eligibility of the program's recipients;
320.14 	(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the 
320.15 	Department of Commerce for uses consistent with the administration of their duties under 
320.16 	Minnesota law;
320.17 	(9) the Department of Human Services and the Office of Inspector General and its agents 
320.18 	within the Department of Human Services, including county fraud investigators, for 
320.19 	investigations related to recipient or provider fraud and employees of providers when the 
320.20 	provider is suspected of committing public assistance fraud;
320.21 	(10) local and state welfare agencies for monitoring the eligibility of the data subject 
320.22 	for assistance programs, or for any employment or training program administered by those 
320.23 	agencies, whether alone, in combination with another welfare agency, or in conjunction 
320.24 	with the department or to monitor and evaluate the statewide Minnesota family investment 
320.25 	program and other cash assistance programs, the Supplemental Nutrition Assistance Program, 
320.26 	and the Supplemental Nutrition Assistance Program Employment and Training program by 
320.27 	providing data on recipients and former recipients of Supplemental Nutrition Assistance 
320.28 	Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child 
320.29 	care assistance under chapter 119B, or medical programs under chapter 256B or 256L or 
320.30 	formerly codified under chapter 256D;
320.31 	(11) local and state welfare agencies for the purpose of identifying employment, wages, 
320.32 	and other information to assist in the collection of an overpayment debt in an assistance 
320.33 	program;
321.1 	(12) local, state, and federal law enforcement agencies for the purpose of ascertaining 
321.2 	the last known address and employment location of an individual who is the subject of a 
321.3 	criminal investigation;
321.4 	(13) the United States Immigration and Customs Enforcement has access to data on 
321.5 	specific individuals and specific employers provided the specific individual or specific 
321.6 	employer is the subject of an investigation by that agency;
321.7 	(14) the Department of Health for the purposes of epidemiologic investigations;
321.8 	(15) the Department of Corrections for the purposes of case planning and internal research 
321.9 	for preprobation, probation, and postprobation employment tracking of offenders sentenced 
321.10 	to probation and preconfinement and postconfinement employment tracking of committed 
321.11 	offenders;
321.12 	(16) the state auditor to the extent necessary to conduct audits of job opportunity building 
321.13 	zones as required under section 469.3201; and
321.14 	(17) the Office of Higher Education for purposes of supporting program improvement, 
321.15 	system evaluation, and research initiatives including the Statewide Longitudinal Education 
321.16 	Data System.
321.17 	(b) Data on individuals and employers that are collected, maintained, or used by the 
321.18 	department in an investigation under section 268.182 are confidential as to data on individuals 
321.19 	and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 
321.20 	and 13, and must not be disclosed except under statute or district court order or to a party 
321.21 	named in a criminal proceeding, administrative or judicial, for preparation of a defense.
321.22 	(c) Data gathered by the department in the administration of the Minnesota unemployment 
321.23 	insurance program must not be made the subject or the basis for any suit in any civil 
321.24 	proceedings, administrative or judicial, unless the action is initiated by the department.

321.25 	Sec. 6. DIRECTION TO COMMISSIONER; SNAP VERIFICATION OF FEDERAL 
321.26 	WORK REQUIREMENTS.
 321.27 	No later than December 1, 2022, the commissioner of human services shall issue guidance 
321.28 	to local agencies that administer the Supplemental Nutrition Assistance Program (SNAP) 
321.29 	regarding local agency responsibilities for verification of federal work requirements for 
321.30 	SNAP recipients.

322.1 	Sec. 7. REVISOR INSTRUCTION.
 322.2 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in column 
322.3 	A with the number listed in column B. The revisor shall also make necessary grammatical 
322.4 	and cross-reference changes consistent with the renumbering.

322.5	Column A
	Column B
	
322.6	256D.051, subdivision 20
	256D.60, subdivision 1
	
322.7	256D.051, subdivision 21
	256D.60, subdivision 2
	
322.8	256D.051, subdivision 22
	256D.60, subdivision 3
	
322.9	256D.051, subdivision 23
	256D.60, subdivision 4
	
322.10	256D.051, subdivision 24
	256D.60, subdivision 5
	
322.11	256D.0512
	256D.61
	
322.12	256D.0515
	256D.62
	
322.13	256D.0516
	256D.63
	
322.14	256D.053
	256D.64

322.15 	Sec. 8. REPEALER.
 322.16 	Minnesota Statutes 2020, section 256D.055, is repealed.

322.17 	ARTICLE 10
322.18 	DIRECT CARE AND TREATMENT POLICY

322.19 	Section 1. Minnesota Statutes 2020, section 253B.18, subdivision 6, is amended to read:
322.20 		Subd. 6.Transfer. (a) A patient who is a person who has a mental illness and is 
322.21 	dangerous to the public shall not be transferred out of a secure treatment facility unless it 
322.22 	appears to the satisfaction of the commissioner, after a hearing and favorable recommendation 
322.23 	by a majority of the special review board, that the transfer is appropriate. Transfer may be 
322.24 	to another state-operated treatment program. In those instances where a commitment also 
322.25 	exists to the Department of Corrections, transfer may be to a facility designated by the 
322.26 	commissioner of corrections.
322.27 	(b) The following factors must be considered in determining whether a transfer is 
322.28 	appropriate:
322.29 	(1) the person's clinical progress and present treatment needs;
322.30 	(2) the need for security to accomplish continuing treatment;
322.31 	(3) the need for continued institutionalization;
323.1 	(4) which facility can best meet the person's needs; and
323.2 	(5) whether transfer can be accomplished with a reasonable degree of safety for the 
323.3 	public.
323.4 	(c) If a committed person has been transferred out of a secure treatment facility pursuant 
323.5 	to this subdivision, that committed person may voluntarily return to a secure treatment 
323.6 	facility for a period of up to 60 days with the consent of the head of the treatment facility.
323.7 	(d) If the committed person is not returned to the original, nonsecure transfer facility 
323.8 	within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and 
323.9 	the committed person must remain in a secure treatment facility. The committed person 
323.10 	must immediately be notified in writing of the revocation.
323.11 	(e) Within 15 days of receiving notice of the revocation, the committed person may 
323.12 	petition the special review board for a review of the revocation. The special review board 
323.13 	shall review the circumstances of the revocation and shall recommend to the commissioner 
323.14 	whether or not the revocation should be upheld. The special review board may also 
323.15 	recommend a new transfer at the time of the revocation hearing.
323.16 	(f) No action by the special review board is required if the transfer has not been revoked 
323.17 	and the committed person is returned to the original, nonsecure transfer facility with no 
323.18 	substantive change to the conditions of the transfer ordered under this subdivision.
323.19 	(g) The head of the treatment facility may revoke a transfer made under this subdivision 
323.20 	and require a committed person to return to a secure treatment facility if:
323.21 	(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to 
323.22 	the committed person or others; or
323.23 	(2) the committed person has regressed clinically and the facility to which the committed 
323.24 	person was transferred does not meet the committed person's needs.
323.25 	(h) Upon the revocation of the transfer, the committed person must be immediately 
323.26 	returned to a secure treatment facility. A report documenting the reasons for revocation 
323.27 	must be issued by the head of the treatment facility within seven days after the committed 
323.28 	person is returned to the secure treatment facility. Advance notice to the committed person 
323.29 	of the revocation is not required.
323.30 	(i) The committed person must be provided a copy of the revocation report and informed, 
323.31 	orally and in writing, of the rights of a committed person under this section. The revocation 
323.32 	report must be served upon the committed person, the committed person's counsel, and the 
324.1 	designated agency. The report must outline the specific reasons for the revocation, including 
324.2 	but not limited to the specific facts upon which the revocation is based.
324.3 	(j) If a committed person's transfer is revoked, the committed person may re-petition for 
324.4 	transfer according to subdivision 5.
324.5 	(k) A committed person aggrieved by a transfer revocation decision may petition the 
324.6 	special review board within seven business days after receipt of the revocation report for a 
324.7 	review of the revocation. The matter must be scheduled within 30 days. The special review 
324.8 	board shall review the circumstances leading to the revocation and, after considering the 
324.9 	factors in paragraph (b), shall recommend to the commissioner whether or not the revocation 
324.10 	shall be upheld. The special review board may also recommend a new transfer out of a 
324.11 	secure treatment facility at the time of the revocation hearing.

324.12 	Sec. 2. Minnesota Statutes 2021 Supplement, section 256.01, subdivision 42, is amended 
324.13 	to read:
324.14 		Subd. 42.Expiration of report mandates. (a) If the submission of a report by the 
324.15 	commissioner of human services to the legislature is mandated by statute and the enabling 
324.16 	legislation does not include a date for the submission of a final report or an expiration date, 
324.17 	the mandate to submit the report shall expire in accordance with this section.
324.18 	(b) If the mandate requires the submission of an annual or more frequent report and the 
324.19 	mandate was enacted before January 1, 2021, the mandate shall expire on January 1, 2023. 
324.20 	If the mandate requires the submission of a biennial or less frequent report and the mandate 
324.21 	was enacted before January 1, 2021, the mandate shall expire on January 1, 2024.
324.22 	(c) Any reporting mandate enacted on or after January 1, 2021, shall expire three years 
324.23 	after the date of enactment if the mandate requires the submission of an annual or more 
324.24 	frequent report and shall expire five years after the date of enactment if the mandate requires 
324.25 	the submission of a biennial or less frequent report unless the enacting legislation provides 
324.26 	for a different expiration date.
324.27 	(d) By January 15 of each year, the commissioner shall submit a list to the chairs and 
324.28 	ranking minority members of the legislative committees with jurisdiction over human 
324.29 	services by February 15 of each year, beginning February 15, 2022, of all reports set to 
324.30 	expire during the following calendar year in accordance with this section to the chairs and 
324.31 	ranking minority members of the legislative committees with jurisdiction over human 
324.32 	services. Notwithstanding paragraph (c), this paragraph does not expire.

325.1 	Sec. 3. Laws 2009, chapter 79, article 13, section 3, subdivision 10, as amended by Laws 
325.2 	2009, chapter 173, article 2, section 1, is amended to read:

325.3	Subd. 10.State-Operated Services
 					
325.4 	The amounts that may be spent from the 
325.5 	appropriation for each purpose are as follows:
325.6 	Transfer Authority Related to 
325.7 	State-Operated Services. Money 
325.8 	appropriated to finance state-operated services 
325.9 	may be transferred between the fiscal years of 
325.10 	the biennium with the approval of the 
325.11 	commissioner of finance.
325.12 	County Past Due Receivables. The 
325.13 	commissioner is authorized to withhold county 
325.14 	federal administrative reimbursement when 
325.15 	the county of financial responsibility for 
325.16 	cost-of-care payments due the state under 
325.17 	Minnesota Statutes, section 246.54 or 
325.18 	253B.045, is 90 days past due. The 
325.19 	commissioner shall deposit the withheld 
325.20 	federal administrative earnings for the county 
325.21 	into the general fund to settle the claims with 
325.22 	the county of financial responsibility. The 
325.23 	process for withholding funds is governed by 
325.24 	Minnesota Statutes, section 256.017.
325.25 	Forecast and Census Data. The 
325.26 	commissioner shall include census data and 
325.27 	fiscal projections for state-operated services 
325.28 	and Minnesota sex offender services with the 
325.29 	November and February budget forecasts. 
325.30 	Notwithstanding any contrary provision in this 
325.31 	article, this paragraph shall not expire.

325.32	(a) Adult Mental Health Services
		106,702,000
		107,201,000
	
325.33 	Appropriation Limitation. No part of the 
325.34 	appropriation in this article to the 
326.1 	commissioner for mental health treatment 
326.2 	services provided by state-operated services 
326.3 	shall be used for the Minnesota sex offender 
326.4 	program.
326.5 	Community Behavioral Health Hospitals.
326.6 	Under Minnesota Statutes, section 246.51, 
326.7 	subdivision 1, a determination order for the 
326.8 	clients served in a community behavioral 
326.9 	health hospital operated by the commissioner 
326.10 	of human services is only required when a 
326.11 	client's third-party coverage has been 
326.12 	exhausted.
326.13 	Base Adjustment. The general fund base is 
326.14 	decreased by $500,000 for fiscal year 2012 
326.15 	and by $500,000 for fiscal year 2013.

326.16	(b) Minnesota Sex Offender Services

326.17	Appropriations by Fund
	
326.18	General
	38,348,000
	67,503,000
	
326.19	Federal Fund
	26,495,000
	0
	
326.20 	Use of Federal Stabilization Funds. Of this 
326.21 	appropriation, $26,495,000 in fiscal year 2010 
326.22 	is from the fiscal stabilization account in the 
326.23 	federal fund to the commissioner. This 
326.24 	appropriation must not be used for any activity 
326.25 	or service for which federal reimbursement is 
326.26 	claimed. This is a onetime appropriation.

326.27
326.28	(c) Minnesota Security Hospital and METO 
Services

326.29	Appropriations by Fund
	
326.30	General
	230,000
	83,735,000
	
326.31	Federal Fund
	83,505,000
	0
	
326.32 	Minnesota Security Hospital. For the 
326.33 	purposes of enhancing the safety of the public, 
326.34 	improving supervision, and enhancing 
327.1 	community-based mental health treatment, 
327.2 	state-operated services may establish 
327.3 	additional community capacity for providing 
327.4 	treatment and supervision of clients who have 
327.5 	been ordered into a less restrictive alternative 
327.6 	of care from the state-operated services 
327.7 	transitional services program consistent with 
327.8 	Minnesota Statutes, section 246.014.
327.9 	Use of Federal Stabilization Funds.
327.10 	$83,505,000 in fiscal year 2010 is appropriated 
327.11 	from the fiscal stabilization account in the 
327.12 	federal fund to the commissioner. This 
327.13 	appropriation must not be used for any activity 
327.14 	or service for which federal reimbursement is 
327.15 	claimed. This is a onetime appropriation.

327.16 	Sec. 4. REPEALER.
 327.17 	Minnesota Statutes 2020, sections 246.0136; 252.025, subdivision 7; and 252.035, are 
327.18 	repealed.

327.19 	ARTICLE 11
327.20 	PREVENTING HOMELESSNESS

327.21 	Section 1. Minnesota Statutes 2020, section 256E.33, subdivision 1, is amended to read:
327.22 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
327.23 	(b) "Transitional housing" means housing designed for independent living and provided 
327.24 	to a homeless person or family at a rental rate of at least 25 percent of the family income 
327.25 	for a period of up to 24 36 months. If a transitional housing program is associated with a 
327.26 	licensed facility or shelter, it must be located in a separate facility or a specified section of 
327.27 	the main facility where residents can be responsible for their own meals and other daily 
327.28 	needs.
327.29 	(c) "Support services" means an assessment service that identifies the needs of individuals 
327.30 	for independent living and arranges or provides for the appropriate educational, social, legal, 
327.31 	advocacy, child care, employment, financial, health care, or information and referral services 
327.32 	to meet these needs.

328.1 	Sec. 2. Minnesota Statutes 2020, section 256E.33, subdivision 2, is amended to read:
328.2 		Subd. 2.Establishment and administration. A transitional housing program is 
328.3 	established to be administered by the commissioner. The commissioner may make grants 
328.4 	to eligible recipients or enter into agreements with community action agencies or other 
328.5 	public or private nonprofit agencies to make grants to eligible recipients to initiate, maintain, 
328.6 	or expand programs to provide transitional housing and support services for persons in need 
328.7 	of transitional housing, which may include up to six months of follow-up support services 
328.8 	for persons who complete transitional housing as they stabilize in permanent housing. The 
328.9 	commissioner must ensure that money appropriated to implement this section is distributed 
328.10 	as soon as practicable. The commissioner may make grants directly to eligible recipients. 
328.11 	The commissioner may extend use up to ten percent of the appropriation available for of
328.12 	this program for persons needing assistance longer than 24 36 months.

328.13 	Sec. 3. Minnesota Statutes 2020, section 256K.45, subdivision 6, is amended to read:
328.14 		Subd. 6.Funding.  Funds appropriated for this section may be expended on programs 
328.15 	described under subdivisions 3 to 5 and 7, technical assistance, and capacity building to 
328.16 	meet the greatest need on a statewide basis. The commissioner will provide outreach, 
328.17 	technical assistance, and program development support to increase capacity to new and 
328.18 	existing service providers to better meet needs statewide, particularly in areas where services 
328.19 	for homeless youth have not been established, especially in greater Minnesota.

328.20 	Sec. 4. Minnesota Statutes 2020, section 256K.45, is amended by adding a subdivision to 
328.21 	read:
328.22 		Subd. 7.Provider repair or improvement grants. (a) Providers that serve homeless 
328.23 	youth under this section may apply for a grant of up to $200,000 under this subdivision to 
328.24 	make minor or mechanical repairs or improvements to a facility providing services to 
328.25 	homeless youth or youth at risk of homelessness.
328.26 	(b) Grant applications under this subdivision must include a description of the repairs 
328.27 	or improvements and the estimated cost of the repairs or improvements.
328.28 	(c) Grantees under this subdivision cannot receive grant funds under this subdivision 
328.29 	for two consecutive years.

329.1 	Sec. 5. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 24, 
329.2 	is amended to read:

329.3
329.4	Subd. 24.Grant Programs; Children and 
Economic Support Grants
 		29,740,000
		29,740,000
	
329.5 	(a) Minnesota Food Assistance Program.
329.6 	Unexpended funds for the Minnesota food 
329.7 	assistance program for fiscal year 2022 do not 
329.8 	cancel but are available in fiscal year 2023.
329.9 	(b) Base Level Adjustment; Provider Repair 
329.10 	Grants. The general fund base includes 
329.11 	$1,000,000 in fiscal year 2024 and $1,000,000 
329.12 	in fiscal year 2025 for provider repair or 
329.13 	improvement grants under Minnesota Statutes, 
329.14 	section 256K.45, subdivision 7.

329.15 	Sec. 6. Laws 2021, First Special Session chapter 8, article 6, section 1, subdivision 7, is 
329.16 	amended to read:
329.17 		Subd. 7.Report. (a) No later than February 1, 2022, the task force shall submit an initial 
329.18 	report to the chairs and ranking minority members of the house of representatives and senate 
329.19 	committees and divisions with jurisdiction over housing and preventing homelessness on 
329.20 	its findings and recommendations.
329.21 	(b) No later than August 31 December 15, 2022, the task force shall submit a final report 
329.22 	to the chairs and ranking minority members of the house of representatives and senate 
329.23 	committees and divisions with jurisdiction over housing and preventing homelessness on 
329.24 	its findings and recommendations.

329.25 	ARTICLE 12
329.26 	DEPARTMENT OF HUMAN SERVICES 
329.27 	LICENSING AND OPERATIONS POLICY

329.28 	Section 1. Minnesota Statutes 2020, section 245A.02, subdivision 5a, is amended to read:
329.29 		Subd. 5a.Controlling individual. (a) "Controlling individual" means an owner of a 
329.30 	program or service provider licensed under this chapter and the following individuals, if 
329.31 	applicable:
330.1 	(1) each officer of the organization, including the chief executive officer and chief 
330.2 	financial officer;
330.3 	(2) the individual designated as the authorized agent under section 245A.04, subdivision 
330.4 	1, paragraph (b);
330.5 	(3) the individual designated as the compliance officer under section 256B.04, subdivision 
330.6 	21, paragraph (g); and
330.7 	(4) each managerial official whose responsibilities include the direction of the 
330.8 	management or policies of a program.; and
330.9 	(5) the individual designated as the primary provider of care for a special family child 
330.10 	care program under section 245A.14, subdivision 4, paragraph (i).
330.11 	(b) Controlling individual does not include:
330.12 	(1) a bank, savings bank, trust company, savings association, credit union, industrial 
330.13 	loan and thrift company, investment banking firm, or insurance company unless the entity 
330.14 	operates a program directly or through a subsidiary;
330.15 	(2) an individual who is a state or federal official, or state or federal employee, or a 
330.16 	member or employee of the governing body of a political subdivision of the state or federal 
330.17 	government that operates one or more programs, unless the individual is also an officer, 
330.18 	owner, or managerial official of the program, receives remuneration from the program, or 
330.19 	owns any of the beneficial interests not excluded in this subdivision;
330.20 	(3) an individual who owns less than five percent of the outstanding common shares of 
330.21 	a corporation:
330.22 	(i) whose securities are exempt under section 80A.45, clause (6); or
330.23 	(ii) whose transactions are exempt under section 80A.46, clause (2);
330.24 	(4) an individual who is a member of an organization exempt from taxation under section 
330.25 	290.05, unless the individual is also an officer, owner, or managerial official of the program 
330.26 	or owns any of the beneficial interests not excluded in this subdivision. This clause does 
330.27 	not exclude from the definition of controlling individual an organization that is exempt from 
330.28 	taxation; or
330.29 	(5) an employee stock ownership plan trust, or a participant or board member of an 
330.30 	employee stock ownership plan, unless the participant or board member is a controlling 
330.31 	individual according to paragraph (a).
331.1 	(c) For purposes of this subdivision, "managerial official" means an individual who has 
331.2 	the decision-making authority related to the operation of the program, and the responsibility 
331.3 	for the ongoing management of or direction of the policies, services, or employees of the 
331.4 	program. A site director who has no ownership interest in the program is not considered to 
331.5 	be a managerial official for purposes of this definition.

331.6 	EFFECTIVE DATE. This section is effective July 1, 2022.

331.7 	Sec. 2. Minnesota Statutes 2021 Supplement, section 245A.14, subdivision 4, is amended 
331.8 	to read:
331.9 		Subd. 4.Special family child care homes. Nonresidential child care programs serving 
331.10 	14 or fewer children that are conducted at a location other than the license holder's own 
331.11 	residence shall be licensed under this section and the rules governing family child care or 
331.12 	group family child care if:
331.13 	(a) the license holder is the primary provider of care and the nonresidential child care 
331.14 	program is conducted in a dwelling that is located on a residential lot;
331.15 	(b) the license holder is an employer who may or may not be the primary provider of 
331.16 	care, and the purpose for the child care program is to provide child care services to children 
331.17 	of the license holder's employees;
331.18 	(c) the license holder is a church or religious organization;
331.19 	(d) the license holder is a community collaborative child care provider. For purposes of 
331.20 	this subdivision, a community collaborative child care provider is a provider participating 
331.21 	in a cooperative agreement with a community action agency as defined in section 256E.31;
331.22 	(e) the license holder is a not-for-profit agency that provides child care in a dwelling 
331.23 	located on a residential lot and the license holder maintains two or more contracts with 
331.24 	community employers or other community organizations to provide child care services. 
331.25 	The county licensing agency may grant a capacity variance to a license holder licensed 
331.26 	under this paragraph to exceed the licensed capacity of 14 children by no more than five 
331.27 	children during transition periods related to the work schedules of parents, if the license 
331.28 	holder meets the following requirements:
331.29 	(1) the program does not exceed a capacity of 14 children more than a cumulative total 
331.30 	of four hours per day;
331.31 	(2) the program meets a one to seven staff-to-child ratio during the variance period;
332.1 	(3) all employees receive at least an extra four hours of training per year than required 
332.2 	in the rules governing family child care each year;
332.3 	(4) the facility has square footage required per child under Minnesota Rules, part 
332.4 	9502.0425;
332.5 	(5) the program is in compliance with local zoning regulations;
332.6 	(6) the program is in compliance with the applicable fire code as follows:
332.7 	(i) if the program serves more than five children older than 2-1/2 years of age, but no 
332.8 	more than five children 2-1/2 years of age or less, the applicable fire code is educational 
332.9 	occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2015, 
332.10 	Section 202; or
332.11 	(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable 
332.12 	fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code 2015, 
332.13 	Section 202, unless the rooms in which the children are cared for are located on a level of 
332.14 	exit discharge and each of these child care rooms has an exit door directly to the exterior, 
332.15 	then the applicable fire code is Group E occupancies, as provided in the Minnesota State 
332.16 	Fire Code 2015, Section 202; and
332.17 	(7) any age and capacity limitations required by the fire code inspection and square 
332.18 	footage determinations shall be printed on the license; or
332.19 	(f) the license holder is the primary provider of care and has located the licensed child 
332.20 	care program in a commercial space, if the license holder meets the following requirements:
332.21 	(1) the program is in compliance with local zoning regulations;
332.22 	(2) the program is in compliance with the applicable fire code as follows:
332.23 	(i) if the program serves more than five children older than 2-1/2 years of age, but no 
332.24 	more than five children 2-1/2 years of age or less, the applicable fire code is educational 
332.25 	occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2015, 
332.26 	Section 202; or
332.27 	(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable 
332.28 	fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire Code 2015, 
332.29 	Section 202;
332.30 	(3) any age and capacity limitations required by the fire code inspection and square 
332.31 	footage determinations are printed on the license; and
333.1 	(4) the license holder prominently displays the license issued by the commissioner which 
333.2 	contains the statement "This special family child care provider is not licensed as a child 
333.3 	care center."
333.4 	(g) Notwithstanding Minnesota Rules, part 9502.0335, subpart 12, the commissioner 
333.5 	may issue up to four licenses to an organization licensed under paragraph (b), (c), or (e). 
333.6 	Each license must have its own primary provider of care as required under paragraph (i). 
333.7 	Each license must operate as a distinct and separate program in compliance with all applicable 
333.8 	laws and regulations.
333.9 	(h) For licenses issued under paragraph (b), (c), (d), (e), or (f), the commissioner may 
333.10 	approve up to four licenses at the same location or under one contiguous roof if each license 
333.11 	holder is able to demonstrate compliance with all applicable rules and laws. Each licensed 
333.12 	program must operate as a distinct program and within the capacity, age, and ratio 
333.13 	distributions of each license.
333.14 	(i) For a license issued under paragraph (b), (c), or (e), the license holder must designate 
333.15 	a person to be the primary provider of care at the licensed location on a form and in a manner 
333.16 	prescribed by the commissioner. The license holder shall notify the commissioner in writing 
333.17 	before there is a change of the person designated to be the primary provider of care. The 
333.18 	primary provider of care:
333.19 	(1) must be the person who will be the provider of care at the program and present during 
333.20 	the hours of operation;
333.21 	(2) must operate the program in compliance with applicable laws and regulations under 
333.22 	chapter 245A and Minnesota Rules, chapter 9502;
333.23 	(3) is considered a child care background study subject as defined in section 245C.02, 
333.24 	subdivision 6a, and must comply with background study requirements in chapter 245C; and
333.25 	(4) must complete the training that is required of license holders in section 245A.50.; 
333.26 	and
333.27 	(5) is authorized to communicate with the county licensing agency and the department 
333.28 	on matters related to licensing.
333.29 	(j) For any license issued under this subdivision, the license holder must ensure that any 
333.30 	other caregiver, substitute, or helper who assists in the care of children meets the training 
333.31 	requirements in section 245A.50 and background study requirements under chapter 245C.

333.32 	EFFECTIVE DATE. This section is effective July 1, 2022.

334.1 	Sec. 3. Minnesota Statutes 2020, section 245A.1443, is amended to read:
334.2 	245A.1443 CHEMICAL DEPENDENCY SUBSTANCE USE DISORDER 
334.3 	TREATMENT LICENSED PROGRAMS THAT SERVE PARENTS WITH THEIR 
334.4 	CHILDREN.
334.5 		Subdivision 1.Application. This section applies to chemical dependency residential 
334.6 	substance use disorder treatment facilities that are licensed under this chapter and Minnesota 
334.7 	Rules, chapter 9530, 245G and that provide services in accordance with section 245G.19.
334.8 		Subd. 2.Requirements for providing education. (a) On or before the date of a child's 
334.9 	initial physical presence at the facility, the license holder must provide education to the 
334.10 	child's parent related to safe bathing and reducing the risk of sudden unexpected infant death 
334.11 	and abusive head trauma from shaking infants and young children. The license holder must 
334.12 	use the educational material developed by the commissioner to comply with this requirement. 
334.13 	At a minimum, the education must address:
334.14 	(1) instruction that a child or infant should never be left unattended around water, a tub 
334.15 	should be filled with only two to four inches of water for infants, and an infant should never 
334.16 	be put into a tub when the water is running; and
334.17 	(2) the risk factors related to sudden unexpected infant death and abusive head trauma 
334.18 	from shaking infants and young children, and means of reducing the risks, including the 
334.19 	safety precautions identified in section 245A.1435 and the dangers risks of co-sleeping.
334.20 	(b) The license holder must document the parent's receipt of the education and keep the 
334.21 	documentation in the parent's file. The documentation must indicate whether the parent 
334.22 	agrees to comply with the safeguards. If the parent refuses to comply, program staff must 
334.23 	provide additional education to the parent at appropriate intervals, at least weekly as described 
334.24 	in the parental supervision plan. The parental supervision plan must include the intervention, 
334.25 	frequency, and staff responsible for the duration of the parent's participation in the program 
334.26 	or until the parent agrees to comply with the safeguards.
334.27 		Subd. 3.Parental supervision of children. (a) On or before the date of a child's initial 
334.28 	physical presence at the facility, the license holder must complete and document an 
334.29 	assessment of the parent's capacity to meet the health and safety needs of the child while 
334.30 	on the facility premises, including identifying circumstances when the parent may be unable 
334.31 	to adequately care for their child due to considering the following factors:
334.32 	(1) the parent's physical or and mental health;
334.33 	(2) the parent being under the influence of drugs, alcohol, medications, or other chemicals;
335.1 	(3) the parent being unable to provide appropriate supervision for the child; or
335.2 	(3) the child's physical and mental health; and
335.3 	(4) any other information available to the license holder that indicates the parent may 
335.4 	not be able to adequately care for the child.
335.5 	(b) The license holder must have written procedures specifying the actions to be taken 
335.6 	by staff if a parent is or becomes unable to adequately care for the parent's child.
335.7 	(c) If the parent refuses to comply with the safeguards described in subdivision 2 or is 
335.8 	unable to adequately care for the child, the license holder must develop a parental supervision 
335.9 	plan in conjunction with the client. The plan must account for any factors in paragraph (a) 
335.10 	that contribute to the parent's inability to adequately care for the child. The plan must be 
335.11 	dated and signed by the staff person who completed the plan.
335.12 		Subd. 4.Alternative supervision arrangements. The license holder must have written 
335.13 	procedures addressing whether the program permits a parent to arrange for supervision of 
335.14 	the parent's child by another client in the program. If permitted, the facility must have a 
335.15 	procedure that requires staff approval of the supervision arrangement before the supervision 
335.16 	by the nonparental client occurs. The procedure for approval must include an assessment 
335.17 	of the nonparental client's capacity to assume the supervisory responsibilities using the 
335.18 	criteria in subdivision 3. The license holder must document the license holder's approval of 
335.19 	the supervisory arrangement and the assessment of the nonparental client's capacity to 
335.20 	supervise the child, and must keep this documentation in the file of the parent of the child 
335.21 	being supervised.

335.22 	EFFECTIVE DATE. This section is effective January 1, 2023.

335.23 	Sec. 4. Minnesota Statutes 2020, section 245F.15, subdivision 1, is amended to read:
335.24 		Subdivision 1.Qualifications for all staff who have direct patient contact. (a) All 
335.25 	staff who have direct patient contact must be at least 18 years of age and must, at the time 
335.26 	of hiring, document that they meet the requirements in paragraph (b), (c), or (d).
335.27 	(b) Program directors, supervisors, nurses, and alcohol and drug counselors must be free 
335.28 	of substance use problems for at least two years immediately preceding their hiring and 
335.29 	must sign a statement attesting to that fact.
335.30 	(c) Recovery peers must be free of substance use problems for at least one year 
335.31 	immediately preceding their hiring and must sign a statement attesting to that fact.
336.1 	(d) Technicians and other support staff must be free of substance use problems for at 
336.2 	least six months immediately preceding their hiring and must sign a statement attesting to 
336.3 	that fact.

336.4 	EFFECTIVE DATE. This section is effective January 1, 2023.

336.5 	Sec. 5. Minnesota Statutes 2020, section 245F.16, subdivision 1, is amended to read:
336.6 		Subdivision 1.Policy requirements. A license holder must have written personnel 
336.7 	policies and must make them available to staff members at all times. The personnel policies 
336.8 	must:
336.9 	(1) ensure that a staff member's retention, promotion, job assignment, or pay are not 
336.10 	affected by a good-faith communication between the staff member and the Department of 
336.11 	Human Services, Department of Health, Ombudsman for Mental Health and Developmental 
336.12 	Disabilities, law enforcement, or local agencies that investigate complaints regarding patient 
336.13 	rights, health, or safety;
336.14 	(2) include a job description for each position that specifies job responsibilities, degree 
336.15 	of authority to execute job responsibilities, standards of job performance related to specified 
336.16 	job responsibilities, and qualifications;
336.17 	(3) provide for written job performance evaluations for staff members of the license 
336.18 	holder at least annually;
336.19 	(4) describe behavior that constitutes grounds the process for disciplinary action, 
336.20 	suspension, or dismissal, including policies that address substance use problems and meet 
336.21 	the requirements of section 245F.15, subdivisions 1 and 2. The policies and procedures 
336.22 	must list behaviors or incidents that are considered substance use problems. The list must 
336.23 	include: of a staff person for violating the drug and alcohol policy described in section 
336.24 	245A.04, subdivision 1, paragraph (c);
336.25 	(i) receiving treatment for substance use disorder within the period specified for the 
336.26 	position in the staff qualification requirements;
336.27 	(ii) substance use that has a negative impact on the staff member's job performance;
336.28 	(iii) substance use that affects the credibility of treatment services with patients, referral 
336.29 	sources, or other members of the community; and
336.30 	(iv) symptoms of intoxication or withdrawal on the job;
337.1 	(5) include policies prohibiting personal involvement with patients and policies 
337.2 	prohibiting patient maltreatment as specified under sections 245A.65, 626.557, and 626.5572
337.3 	and chapters 260E and 604;
337.4 	(6) include a chart or description of organizational structure indicating the lines of 
337.5 	authority and responsibilities;
337.6 	(7) include a written plan for new staff member orientation that, at a minimum, includes 
337.7 	training related to the specific job functions for which the staff member was hired, program 
337.8 	policies and procedures, patient needs, and the areas identified in subdivision 2, paragraphs 
337.9 	(b) to (e); and
337.10 	(8) include a policy on the confidentiality of patient information.

337.11 	EFFECTIVE DATE. This section is effective January 1, 2023.

337.12 	Sec. 6. Minnesota Statutes 2020, section 245G.01, subdivision 4, is amended to read:
337.13 		Subd. 4.Alcohol and drug counselor. "Alcohol and drug counselor" has the meaning 
337.14 	given in section 148F.01, subdivision 5 means a person who is qualified according to section 
337.15 	245G.11, subdivision 5.

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

337.17 	Sec. 7. Minnesota Statutes 2020, section 245G.01, subdivision 17, is amended to read:
337.18 		Subd. 17.Licensed professional in private practice. (a) "Licensed professional in 
337.19 	private practice" means an individual who:
337.20 	(1) is licensed under chapter 148F, or is exempt from licensure under that chapter but 
337.21 	is otherwise licensed to provide alcohol and drug counseling services;
337.22 	(2) practices solely within the permissible scope of the individual's license as defined 
337.23 	in the law authorizing licensure; and
337.24 	(3) does not affiliate with other licensed or unlicensed professionals to provide alcohol 
337.25 	and drug counseling services. Affiliation does not include conferring with another 
337.26 	professional or making a client referral.
337.27 	(b) For purposes of this subdivision, affiliate includes but is not limited to:
337.28 	(1) using the same electronic record system as another professional, except when the 
337.29 	system prohibits each professional from accessing the records of another professional;
337.30 	(2) advertising the services of more than one professional together;
338.1 	(3) accepting client referrals made to a group of professionals;
338.2 	(4) providing services to another professional's clients when that professional is absent; 
338.3 	or
338.4 	(5) appearing in any way to be a group practice or program.
338.5 	(c) For purposes of this subdivision, affiliate does not include:
338.6 	(1) conferring with another professional;
338.7 	(2) making a client referral to another professional;
338.8 	(3) contracting with the same agency as another professional for billing services;
338.9 	(4) using the same waiting area for clients in an office as another professional; or
338.10 	(5) using the same receptionist as another professional if the receptionist supports each 
338.11 	professional independently.

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

338.13 	Sec. 8. Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to 
338.14 	read:
338.15 		Subd. 2a.Documentation of treatment services. The license holder must ensure that 
338.16 	the staff member who provides the treatment service documents in the client record the 
338.17 	date, type, and amount of each treatment service provided to a client and the client's response 
338.18 	to each treatment service within seven days of providing the treatment service.

338.19 	EFFECTIVE DATE. This section is effective August 1, 2022.

338.20 	Sec. 9. Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to 
338.21 	read:
338.22 		Subd. 2b.Client record documentation requirements. (a) The license holder must 
338.23 	document in the client record any significant event that occurs at the program on the day 
338.24 	the event occurs. A significant event is an event that impacts the client's relationship with 
338.25 	other clients, staff, or the client's family, or the client's treatment plan.
338.26 	(b) A residential treatment program must document in the client record the following 
338.27 	items on the day that each occurs:
338.28 	(1) medical and other appointments the client attended;
339.1 	(2) concerns related to medications that are not documented in the medication 
339.2 	administration record; and
339.3 	(3) concerns related to attendance for treatment services, including the reason for any 
339.4 	client absence from a treatment service.
339.5 	(c) Each entry in a client's record must be accurate, legible, signed, dated, and include 
339.6 	the job title or position of the staff person that made the entry. A late entry must be clearly 
339.7 	labeled "late entry." A correction to an entry must be made in a way in which the original 
339.8 	entry can still be read.

339.9 	EFFECTIVE DATE. This section is effective August 1, 2022.

339.10 	Sec. 10. Minnesota Statutes 2020, section 245G.06, subdivision 3, is amended to read:
339.11 		Subd. 3.Documentation of treatment services; Treatment plan review. (a) A review 
339.12 	of all treatment services must be documented weekly and include a review of:
339.13 	(1) care coordination activities;
339.14 	(2) medical and other appointments the client attended;
339.15 	(3) issues related to medications that are not documented in the medication administration 
339.16 	record; and
339.17 	(4) issues related to attendance for treatment services, including the reason for any client 
339.18 	absence from a treatment service.
339.19 	(b) A note must be entered immediately following any significant event. A significant 
339.20 	event is an event that impacts the client's relationship with other clients, staff, the client's 
339.21 	family, or the client's treatment plan.
339.22 	(c) A treatment plan review must be entered in a client's file weekly or after each treatment 
339.23 	service, whichever is less frequent, by the staff member providing the service alcohol and 
339.24 	drug counselor responsible for the client's treatment plan. The review must indicate the span 
339.25 	of time covered by the review and each of the six dimensions listed in section 245G.05, 
339.26 	subdivision 2, paragraph (c). The review must:
339.27 	(1) indicate the date, type, and amount of each treatment service provided and the client's 
339.28 	response to each service;
339.29 	(2) (1) address each goal in the treatment plan and whether the methods to address the 
339.30 	goals are effective;
339.31 	(3) (2) include monitoring of any physical and mental health problems;
340.1 	(4) (3) document the participation of others;
340.2 	(5) (4) document staff recommendations for changes in the methods identified in the 
340.3 	treatment plan and whether the client agrees with the change; and
340.4 	(6) (5) include a review and evaluation of the individual abuse prevention plan according 
340.5 	to section 245A.65.
340.6 	(d) Each entry in a client's record must be accurate, legible, signed, and dated. A late 
340.7 	entry must be clearly labeled "late entry." A correction to an entry must be made in a way 
340.8 	in which the original entry can still be read.

340.9 	EFFECTIVE DATE. This section is effective August 1, 2022.

340.10 	Sec. 11. Minnesota Statutes 2020, section 245G.08, subdivision 5, is amended to read:
340.11 		Subd. 5.Administration of medication and assistance with self-medication. (a) A 
340.12 	license holder must meet the requirements in this subdivision if a service provided includes 
340.13 	the administration of medication.
340.14 	(b) A staff member, other than a licensed practitioner or nurse, who is delegated by a 
340.15 	licensed practitioner or a registered nurse the task of administration of medication or assisting 
340.16 	with self-medication, must:
340.17 	(1) successfully complete a medication administration training program for unlicensed 
340.18 	personnel through an accredited Minnesota postsecondary educational institution. A staff 
340.19 	member's completion of the course must be documented in writing and placed in the staff 
340.20 	member's personnel file;
340.21 	(2) be trained according to a formalized training program that is taught by a registered 
340.22 	nurse and offered by the license holder. The training must include the process for 
340.23 	administration of naloxone, if naloxone is kept on site. A staff member's completion of the 
340.24 	training must be documented in writing and placed in the staff member's personnel records; 
340.25 	or
340.26 	(3) demonstrate to a registered nurse competency to perform the delegated activity. A 
340.27 	registered nurse must be employed or contracted to develop the policies and procedures for 
340.28 	administration of medication or assisting with self-administration of medication, or both.
340.29 	(c) A registered nurse must provide supervision as defined in section 148.171, subdivision 
340.30 	23. The registered nurse's supervision must include, at a minimum, monthly on-site 
340.31 	supervision or more often if warranted by a client's health needs. The policies and procedures 
340.32 	must include:
341.1 	(1) a provision that a delegation of administration of medication is limited to a method 
341.2 	a staff member has been trained to administer and limited to the administration of:
341.3 	(i) a medication that is administered orally, topically, or as a suppository, an eye drop, 
341.4 	an ear drop, or an inhalant, or an intranasal; and
341.5 	(ii) an intramuscular injection of naloxone or epinephrine;
341.6 	(2) a provision that each client's file must include documentation indicating whether 
341.7 	staff must conduct the administration of medication or the client must self-administer 
341.8 	medication, or both;
341.9 	(3) a provision that a client may carry emergency medication such as nitroglycerin as 
341.10 	instructed by the client's physician or advanced practice registered nurse;
341.11 	(4) a provision for the client to self-administer medication when a client is scheduled to 
341.12 	be away from the facility;
341.13 	(5) a provision that if a client self-administers medication when the client is present in 
341.14 	the facility, the client must self-administer medication under the observation of a trained 
341.15 	staff member;
341.16 	(6) a provision that when a license holder serves a client who is a parent with a child, 
341.17 	the parent may only administer medication to the child under a staff member's supervision;
341.18 	(7) requirements for recording the client's use of medication, including staff signatures 
341.19 	with date and time;
341.20 	(8) guidelines for when to inform a nurse of problems with self-administration of 
341.21 	medication, including a client's failure to administer, refusal of a medication, adverse 
341.22 	reaction, or error; and
341.23 	(9) procedures for acceptance, documentation, and implementation of a prescription, 
341.24 	whether written, verbal, telephonic, or electronic.

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

341.26 	Sec. 12. Minnesota Statutes 2020, section 245G.09, subdivision 3, is amended to read:
341.27 		Subd. 3.Contents. Client records must contain the following:
341.28 	(1) documentation that the client was given information on client rights and 
341.29 	responsibilities, grievance procedures, tuberculosis, and HIV, and that the client was provided 
341.30 	an orientation to the program abuse prevention plan required under section 245A.65, 
341.31 	subdivision 2, paragraph (a), clause (4). If the client has an opioid use disorder, the record 
342.1 	must contain documentation that the client was provided educational information according 
342.2 	to section 245G.05, subdivision 1, paragraph (b);
342.3 	(2) an initial services plan completed according to section 245G.04;
342.4 	(3) a comprehensive assessment completed according to section 245G.05;
342.5 	(4) an assessment summary completed according to section 245G.05, subdivision 2;
342.6 	(5) an individual abuse prevention plan according to sections 245A.65, subdivision 2, 
342.7 	and 626.557, subdivision 14, when applicable;
342.8 	(6) an individual treatment plan according to section 245G.06, subdivisions 1 and 2;
342.9 	(7) documentation of treatment services, significant events, appointments, concerns, and 
342.10 	treatment plan review reviews according to section 245G.06, subdivision subdivisions 2a, 
342.11 	2b, and 3; and
342.12 	(8) a summary at the time of service termination according to section 245G.06, 
342.13 	subdivision 4.

342.14 	EFFECTIVE DATE. This section is effective August 1, 2022.

342.15 	Sec. 13. Minnesota Statutes 2020, section 245G.11, subdivision 1, is amended to read:
342.16 		Subdivision 1.General qualifications. (a) All staff members who have direct contact 
342.17 	must be 18 years of age or older. At the time of employment, each staff member must meet 
342.18 	the qualifications in this subdivision. For purposes of this subdivision, "problematic substance 
342.19 	use" means a behavior or incident listed by the license holder in the personnel policies and 
342.20 	procedures according to section 245G.13, subdivision 1, clause (5).
342.21 	(b) A treatment director, supervisor, nurse, counselor, student intern, or other professional 
342.22 	must be free of problematic substance use for at least the two years immediately preceding 
342.23 	employment and must sign a statement attesting to that fact.
342.24 	(c) A paraprofessional, recovery peer, or any other staff member with direct contact 
342.25 	must be free of problematic substance use for at least one year immediately preceding 
342.26 	employment and must sign a statement attesting to that fact.

342.27 	EFFECTIVE DATE. This section is effective January 1, 2023.

342.28 	Sec. 14. Minnesota Statutes 2020, section 245G.11, subdivision 10, is amended to read:
342.29 		Subd. 10.Student interns. A qualified staff member must supervise and be responsible 
342.30 	for a treatment service performed by a student intern and must review and sign each 
343.1 	assessment, progress note, and individual treatment plan, and treatment plan review prepared 
343.2 	by a student intern. A student intern must receive the orientation and training required in 
343.3 	section 245G.13, subdivisions 1, clause (7), and 2. No more than 50 percent of the treatment 
343.4 	staff may be students or licensing candidates with time documented to be directly related 
343.5 	to the provision of treatment services for which the staff are authorized.

343.6 	EFFECTIVE DATE. This section is effective January 1, 2023.

343.7 	Sec. 15. Minnesota Statutes 2020, section 245G.13, subdivision 1, is amended to read:
343.8 		Subdivision 1.Personnel policy requirements. A license holder must have written 
343.9 	personnel policies that are available to each staff member. The personnel policies must:
343.10 	(1) ensure that staff member retention, promotion, job assignment, or pay are not affected 
343.11 	by a good faith communication between a staff member and the department, the Department 
343.12 	of Health, the ombudsman for mental health and developmental disabilities, law enforcement, 
343.13 	or a local agency for the investigation of a complaint regarding a client's rights, health, or 
343.14 	safety;
343.15 	(2) contain a job description for each staff member position specifying responsibilities, 
343.16 	degree of authority to execute job responsibilities, and qualification requirements;
343.17 	(3) provide for a job performance evaluation based on standards of job performance 
343.18 	conducted on a regular and continuing basis, including a written annual review;
343.19 	(4) describe behavior that constitutes grounds for disciplinary action, suspension, or 
343.20 	dismissal, including policies that address staff member problematic substance use and the 
343.21 	requirements of section 245G.11, subdivision 1, policies prohibiting personal involvement 
343.22 	with a client in violation of chapter 604, and policies prohibiting client abuse described in 
343.23 	sections 245A.65, 626.557, and 626.5572, and chapter 260E;
343.24 	(5) identify how the program will identify whether behaviors or incidents are problematic 
343.25 	substance use, including a description of how the facility must address:
343.26 	(i) receiving treatment for substance use within the period specified for the position in 
343.27 	the staff qualification requirements, including medication-assisted treatment;
343.28 	(ii) substance use that negatively impacts the staff member's job performance;
343.29 	(iii) substance use that affects the credibility of treatment services with a client, referral 
343.30 	source, or other member of the community;
343.31 	(iv) symptoms of intoxication or withdrawal on the job; and
344.1 	(v) the circumstances under which an individual who participates in monitoring by the 
344.2 	health professional services program for a substance use or mental health disorder is able 
344.3 	to provide services to the program's clients;
344.4 	(5) describe the process for disciplinary action, suspension, or dismissal of a staff person 
344.5 	for violating the drug and alcohol policy described in section 245A.04, subdivision 1, 
344.6 	paragraph (c);
344.7 	(6) include a chart or description of the organizational structure indicating lines of 
344.8 	authority and responsibilities;
344.9 	(7) include orientation within 24 working hours of starting for each new staff member 
344.10 	based on a written plan that, at a minimum, must provide training related to the staff member's 
344.11 	specific job responsibilities, policies and procedures, client confidentiality, HIV minimum 
344.12 	standards, and client needs; and
344.13 	(8) include policies outlining the license holder's response to a staff member with a 
344.14 	behavior problem that interferes with the provision of treatment service.

344.15 	EFFECTIVE DATE. This section is effective January 1, 2023.

344.16 	Sec. 16. Minnesota Statutes 2020, section 245G.20, is amended to read:
344.17 	245G.20 LICENSE HOLDERS SERVING PERSONS WITH CO-OCCURRING 
344.18 	DISORDERS.
344.19 	A license holder specializing in the treatment of a person with co-occurring disorders 
344.20 	must:
344.21 	(1) demonstrate that staff levels are appropriate for treating a client with a co-occurring 
344.22 	disorder, and that there are adequate staff members with mental health training;
344.23 	(2) have continuing access to a medical provider with appropriate expertise in prescribing 
344.24 	psychotropic medication;
344.25 	(3) have a mental health professional available for staff member supervision and 
344.26 	consultation;
344.27 	(4) determine group size, structure, and content considering the special needs of a client 
344.28 	with a co-occurring disorder;
344.29 	(5) have documentation of active interventions to stabilize mental health symptoms 
344.30 	present in the individual treatment plans and progress notes treatment plan reviews;
345.1 	(6) have continuing documentation of collaboration with continuing care mental health 
345.2 	providers, and involvement of the providers in treatment planning meetings;
345.3 	(7) have available program materials adapted to a client with a mental health problem;
345.4 	(8) have policies that provide flexibility for a client who may lapse in treatment or may 
345.5 	have difficulty adhering to established treatment rules as a result of a mental illness, with 
345.6 	the goal of helping a client successfully complete treatment; and
345.7 	(9) have individual psychotherapy and case management available during treatment 
345.8 	service.

345.9 	EFFECTIVE DATE. This section is effective January 1, 2023.

345.10 	Sec. 17. Minnesota Statutes 2020, section 245G.22, subdivision 7, is amended to read:
345.11 		Subd. 7.Restrictions for unsupervised use of methadone hydrochloride. (a) If a 
345.12 	medical director or prescribing practitioner assesses and determines that a client meets the 
345.13 	criteria in subdivision 6 and may be dispensed a medication used for the treatment of opioid 
345.14 	addiction, the restrictions in this subdivision must be followed when the medication to be 
345.15 	dispensed is methadone hydrochloride. The results of the assessment must be contained in 
345.16 	the client file. The number of unsupervised use medication doses per week in paragraphs 
345.17 	(b) to (d) is in addition to the number of unsupervised use medication doses a client may 
345.18 	receive for days the clinic is closed for business as allowed by subdivision 6, paragraph (a).
345.19 	(b) During the first 90 days of treatment, the unsupervised use medication supply must 
345.20 	be limited to a maximum of a single dose each week and the client shall ingest all other 
345.21 	doses under direct supervision.
345.22 	(c) In the second 90 days of treatment, the unsupervised use medication supply must be 
345.23 	limited to two doses per week.
345.24 	(d) In the third 90 days of treatment, the unsupervised use medication supply must not 
345.25 	exceed three doses per week.
345.26 	(e) In the remaining months of the first year, a client may be given a maximum six-day 
345.27 	unsupervised use medication supply.
345.28 	(f) After one year of continuous treatment, a client may be given a maximum two-week 
345.29 	unsupervised use medication supply.
345.30 	(g) After two years of continuous treatment, a client may be given a maximum one-month 
345.31 	unsupervised use medication supply, but must make monthly visits to the program.

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

346.2 	Sec. 18. Laws 2020, First Special Session chapter 7, section 1, subdivision 5, as amended 
346.3 	by Laws 2021, First Special Session chapter 7, article 2, section 73, is amended to read:
346.4 		Subd. 5.Waivers and modifications; extension for 365 days. (a) When the peacetime 
346.5 	emergency declared by the governor in response to the COVID-19 outbreak expires, is 
346.6 	terminated, or is rescinded by the proper authority, waiver CV23: modifying background 
346.7 	study requirements, issued by the commissioner of human services pursuant to Executive 
346.8 	Orders 20-11 and 20-12, including any amendments to the modification issued before the 
346.9 	peacetime emergency expires, shall remain in effect for 365 days after the peacetime 
346.10 	emergency ends until January 1, 2023.
346.11 	(b) Under the extension of the waiver in paragraph (a), mandatory direct contact 
346.12 	supervision requirements are waived to allow the commissioner to permit an individual to 
346.13 	work without supervision while that individual's background study is being processed, on 
346.14 	a case-by-case basis and as permitted under federal law and regulation, while providers 
346.15 	transition from name and date of birth background studies of only Minnesota records to 
346.16 	fingerprint-based background studies.
346.17 	(c) The commissioner shall conduct a name and date of birth background study of only 
346.18 	Minnesota records for an individual who has direct contact with persons served in any 
346.19 	program licensed by the commissioner that is not authorized to conduct fingerprint-based 
346.20 	national criminal history record checks, until federal approval is obtained for 
346.21 	fingerprint-based national criminal history record checks and necessary NETStudy 2.0 
346.22 	system changes following federal approval have been completed. A name and date of birth 
346.23 	background study of only Minnesota records conducted under this paragraph shall remain 
346.24 	valid until three months after the commissioner begins conducting fingerprint-based national 
346.25 	criminal history record checks.

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

346.27 	Sec. 19. CHILD CARE REGULATION MODERNIZATION; PILOT PROJECTS.
 346.28 	The commissioner of human services may conduct and administer pilot projects to test 
346.29 	methods and procedures for the projects to modernize regulation of child care centers and 
346.30 	family child care allowed under Laws 2021, First Special Session chapter 7, article 2, sections 
346.31 	75 and 81. To carry out the pilot projects, the commissioner of human services may, by 
346.32 	issuing a commissioner's order, waive enforcement of existing specific statutory program 
346.33 	requirements, rules, and standards in one or more counties. The commissioner's order 
347.1 	establishing the waiver must provide alternative methods and procedures of administration 
347.2 	and must not be in conflict with the basic purposes, coverage, or benefits provided by law. 
347.3 	Pilot projects must comply with the requirements of the child care and development fund 
347.4 	plan.

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

347.6 	Sec. 20. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; AMENDING 
347.7 	CHILDREN'S RESIDENTIAL FACILITY AND DETOXIFICATION PROGRAM 
347.8 	RULES.
 347.9 	(a) The commissioner of human services must amend Minnesota Rules, part 2960.0460, 
347.10 	to remove all references to repealed Minnesota Rules, part 2960.0460, subpart 2.
347.11 	(b) The commissioner must amend Minnesota Rules, part 2960.0470, to require license 
347.12 	holders to have written personnel policies that describe the process for disciplinary action, 
347.13 	suspension, or dismissal of a staff person for violating the drug and alcohol policy described 
347.14 	in Minnesota Statutes, section 245A.04, subdivision 1, paragraph (c), and Minnesota Rules, 
347.15 	part 2960.0030, subpart 9.
347.16 	(c) The commissioner must amend Minnesota Rules, part 9530.6565, subpart 1, to 
347.17 	remove items A and B and the documentation requirement that references these items.
347.18 	(d) The commissioner must amend Minnesota Rules, part 9530.6570, subpart 1, item 
347.19 	D, to remove the existing language and insert language to require license holders to have 
347.20 	written personnel policies that describe the process for disciplinary action, suspension, or 
347.21 	dismissal of a staff person for violating the drug and alcohol policy described in Minnesota 
347.22 	Statutes, section 245A.04, subdivision 1, paragraph (c).
347.23 	(e) For purposes of this section, the commissioner may use the good cause exempt 
347.24 	process under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota 
347.25 	Statutes, section 14.386, does not apply.

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

347.27 	Sec. 21. REPEALER.
 347.28 	(a) Minnesota Statutes 2020, sections 245F.15, subdivision 2; and 245G.11, subdivision 
347.29 	2, are repealed.
347.30 	(b) Minnesota Rules, parts 2960.0460, subpart 2; and 9530.6565, subpart 2, are repealed.

347.31 	EFFECTIVE DATE. This section is effective January 1, 2023.

348.1 	ARTICLE 13
348.2 	MISCELLANEOUS

348.3 	Section 1. Minnesota Statutes 2020, section 34A.01, subdivision 4, is amended to read:
348.4 		Subd. 4.Food. "Food" means every ingredient used for, entering into the consumption 
348.5 	of, or used or intended for use in the preparation of food, drink, confectionery, or condiment 
348.6 	for humans or other animals, whether simple, mixed, or compound; and articles used as 
348.7 	components of these ingredients, except that edible cannabinoid products, as defined in 
348.8 	section 151.72, subdivision 1, paragraph (c), are not food.

348.9 	Sec. 2. Minnesota Statutes 2020, section 137.68, is amended to read:
348.10 	137.68 MINNESOTA RARE DISEASE ADVISORY COUNCIL ON RARE 
348.11 	DISEASES.
348.12 		Subdivision 1.Establishment. The University of Minnesota is requested to establish
348.13 	There is established an advisory council on rare diseases to provide advice on policies, 
348.14 	access, equity, research, diagnosis, treatment, and education related to rare diseases. The 
348.15 	advisory council is established in honor of Chloe Barnes and her experiences in the health 
348.16 	care system. For purposes of this section, "rare disease" has the meaning given in United 
348.17 	States Code, title 21, section 360bb. The council shall be called the Chloe Barnes Advisory 
348.18 	Council on Rare Diseases Minnesota Rare Disease Advisory Council. The Council on 
348.19 	Disability shall provide meeting and office space and administrative support to the advisory 
348.20 	council but does not have authority over the work of the advisory council.
348.21 		Subd. 2.Membership. (a) The advisory council may shall consist of at least 17 public 
348.22 	members who reflect statewide representation. Except for initial members, members are 
348.23 	appointed by the Board of Regents or a designee the governor according to paragraph (b) 
348.24 	and. Four members of the legislature are appointed according to paragraph (c).
348.25 	(b) The Board of Regents or a designee is requested to The governor shall appoint at 
348.26 	least the following public members according to section 15.0597:
348.27 	(1) three physicians licensed and practicing in the state with experience researching, 
348.28 	diagnosing, or treating rare diseases, including one specializing in pediatrics;
348.29 	(2) one registered nurse or advanced practice registered nurse licensed and practicing 
348.30 	in the state with experience treating rare diseases;
348.31 	(3) at least two hospital administrators, or their designees, from hospitals in the state 
348.32 	that provide care to persons diagnosed with a rare disease. One administrator or designee 
349.1 	appointed under this clause must represent a hospital in which the scope of service focuses 
349.2 	on rare diseases of pediatric patients;
349.3 	(4) three persons age 18 or older who either have a rare disease or are a caregiver of a 
349.4 	person with a rare disease. One person appointed under this clause must reside in rural 
349.5 	Minnesota;
349.6 	(5) a representative of a rare disease patient organization that operates in the state;
349.7 	(6) a social worker with experience providing services to persons diagnosed with a rare 
349.8 	disease;
349.9 	(7) a pharmacist with experience with drugs used to treat rare diseases;
349.10 	(8) a dentist licensed and practicing in the state with experience treating rare diseases;
349.11 	(9) a representative of the biotechnology industry;
349.12 	(10) a representative of health plan companies;
349.13 	(11) a medical researcher with experience conducting research on rare diseases; and
349.14 	(12) a genetic counselor with experience providing services to persons diagnosed with 
349.15 	a rare disease or caregivers of those persons.; and
349.16 	(13) representatives with other areas of expertise as identified by the advisory council.
349.17 	(c) The advisory council shall include two members of the senate, one appointed by the 
349.18 	majority leader and one appointed by the minority leader; and two members of the house 
349.19 	of representatives, one appointed by the speaker of the house and one appointed by the 
349.20 	minority leader. Members appointed under this paragraph serve until their successors are 
349.21 	appointed.
349.22 	(d) The commissioner of health or a designee, a representative of Mayo Medical School, 
349.23 	and a representative of the University of Minnesota Medical School shall serve as ex officio, 
349.24 	nonvoting members of the advisory council.
349.25 	(e) Initial appointments to the advisory council shall be made no later than September 
349.26 	1, 2019. Members appointed according to paragraph (b) shall serve for a term of three years, 
349.27 	except that the initial members appointed according to paragraph (b) shall have an initial 
349.28 	term of two, three, or four years determined by lot by the chairperson. Members appointed 
349.29 	according to paragraph (b) shall serve until their successors have been appointed.
349.30 	(f) Members may be reappointed for up to two full additional terms according to the 
349.31 	advisory council's operating procedures.
350.1 	(g) Members may be removed as provided in section 15.059, subdivision 4.
350.2 	(h) Public members serve without compensation, but may have expenses reimbursed as 
350.3 	provided in section 15.059, subdivision 3. Legislative members may receive per diem 
350.4 	according to the rules of their respective bodies.
350.5 		Subd. 3.Meetings. The Board of Regents or a designee is requested to convene the first 
350.6 	meeting of the advisory council no later than October 1, 2019. The advisory council shall 
350.7 	meet at the call of the chairperson or at the request of a majority of advisory council members.
350.8 	Meetings of the advisory council are subject to section 13D.01, and notice of its meetings 
350.9 	is governed by section 13D.04.
350.10 		Subd. 3a.Chairperson; executive director; staff; executive committee. (a) The 
350.11 	advisory council shall elect a chairperson and other officers as it deems necessary and in 
350.12 	accordance with the advisory council's operating procedures.
350.13 	(b) The advisory council shall be governed by an executive committee elected by the 
350.14 	members of the advisory council. One member of the executive committee must be the 
350.15 	advisory council chairperson.
350.16 	(c) The advisory council shall appoint an executive director. The executive director 
350.17 	serves as an ex officio nonvoting member of the executive committee. The advisory council 
350.18 	may delegate to the executive director any powers and duties under this section that do not 
350.19 	require advisory council approval. The executive director serves in the unclassified service 
350.20 	and may be removed at any time by a majority vote of the advisory council. The executive 
350.21 	director may employ and direct staff necessary to carry out advisory council mandates, 
350.22 	policies, activities, and objectives.
350.23 	(d) The executive committee may appoint additional subcommittees and work groups 
350.24 	as necessary to fulfill the duties of the advisory council.
350.25 		Subd. 4.Duties. (a) The advisory council's duties may include, but are not limited to:
350.26 	(1) in conjunction with the state's medical schools, the state's schools of public health, 
350.27 	and hospitals in the state that provide care to persons diagnosed with a rare disease, 
350.28 	developing resources or recommendations relating to quality of and access to treatment and 
350.29 	services in the state for persons with a rare disease, including but not limited to:
350.30 	(i) a list of existing, publicly accessible resources on research, diagnosis, treatment, and 
350.31 	education relating to rare diseases;
351.1 	(ii) identifying best practices for rare disease care implemented in other states, at the 
351.2 	national level, and at the international level that will improve rare disease care in the state 
351.3 	and seeking opportunities to partner with similar organizations in other states and countries;
351.4 	(iii) identifying and addressing problems faced by patients with a rare disease when 
351.5 	changing health plans, including recommendations on how to remove obstacles faced by 
351.6 	these patients to finding a new health plan and how to improve the ease and speed of finding 
351.7 	a new health plan that meets the needs of patients with a rare disease; and
351.8 	(iv) identifying and addressing barriers faced by patients with a rare disease to obtaining 
351.9 	care, caused by prior authorization requirements in private and public health plans; and
351.10 	(iv) (v) identifying, recommending, and implementing best practices to ensure health 
351.11 	care providers are adequately informed of the most effective strategies for recognizing and 
351.12 	treating rare diseases; and
351.13 	(2) advising, consulting, and cooperating with the Department of Health, including the 
351.14 	Advisory Committee on Heritable and Congenital Disorders,; the Department of Human 
351.15 	Services, including the Drug Utilization Review Board and the Drug Formulary Committee;
351.16 	and other agencies of state government in developing recommendations, information, and 
351.17 	programs for the public and the health care community relating to diagnosis, treatment, and 
351.18 	awareness of rare diseases.;
351.19 	(3) advising on policy issues and advancing policy initiatives at the state and federal 
351.20 	levels; and
351.21 	(4) receiving funds and issuing grants.
351.22 	(b) The advisory council shall collect additional topic areas for study and evaluation 
351.23 	from the general public. In order for the advisory council to study and evaluate a topic, the 
351.24 	topic must be approved for study and evaluation by the advisory council.
351.25 	(c) Legislative members may not deliberate about or vote on decisions related to the 
351.26 	issuance of grants of state money.
351.27 		Subd. 5.Conflict of interest. Advisory council members are subject to the Board of 
351.28 	Regents policy on conflicts advisory council's conflict of interest policy as outlined in the 
351.29 	advisory council's operating procedures.
351.30 		Subd. 6.Annual report. By January 1 of each year, beginning January 1, 2020, the 
351.31 	advisory council shall report to the chairs and ranking minority members of the legislative 
351.32 	committees with jurisdiction over higher education and health care policy on the advisory 
352.1 	council's activities under subdivision 4 and other issues on which the advisory council may 
352.2 	choose to report.

352.3 	EFFECTIVE DATE. This section is effective July 1, 2022.

352.4 	Sec. 3. Minnesota Statutes 2020, section 151.72, subdivision 1, is amended to read:
352.5 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms have 
352.6 	the meanings given.
352.7 	(b) "Certified hemp" means hemp plants that have been tested and found to meet the 
352.8 	requirements of chapter 18K and the rules adopted thereunder.
352.9 	(c) "Edible cannabinoid product" means any product that is intended to be eaten or 
352.10 	consumed as a beverage by humans, contains a cannabinoid in combination with food 
352.11 	ingredients, and is not a drug.
352.12 	(b) (d) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 
352.13 	3.
352.14 	(e) "Label" has the meaning given in section 151.01, subdivision 18.
352.15 	(c) (f) "Labeling" means all labels and other written, printed, or graphic matter that are:
352.16 	(1) affixed to the immediate container in which a product regulated under this section 
352.17 	is sold; or
352.18 	(2) provided, in any manner, with the immediate container, including but not limited to 
352.19 	outer containers, wrappers, package inserts, brochures, or pamphlets.; or
352.20 	(3) provided on that portion of a manufacturer's website that is linked by a scannable 
352.21 	barcode or matrix barcode.
352.22 	(g) "Matrix barcode" means a code that stores data in a two-dimensional array of 
352.23 	geometrically shaped dark and light cells capable of being read by the camera on a 
352.24 	smartphone or other mobile device.
352.25 	(h) "Nonintoxicating cannabinoid" means substances extracted from certified hemp 
352.26 	plants that do not produce intoxicating effects when consumed by any route of administration.

352.27 	Sec. 4. Minnesota Statutes 2020, section 151.72, subdivision 2, is amended to read:
352.28 		Subd. 2.Scope. (a) This section applies to the sale of any product that contains 
352.29 	nonintoxicating cannabinoids extracted from hemp other than food and that is an edible 
353.1 	cannabinoid product or is intended for human or animal consumption by any route of 
353.2 	administration.
353.3 	(b) This section does not apply to any product dispensed by a registered medical cannabis 
353.4 	manufacturer pursuant to sections 152.22 to 152.37.
353.5 	(c) The board must have no authority over food products, as defined in section 34A.01, 
353.6 	subdivision 4, that do not contain cannabinoids extracted or derived from hemp.

353.7 	Sec. 5. Minnesota Statutes 2020, section 151.72, subdivision 3, is amended to read:
353.8 		Subd. 3.Sale of cannabinoids derived from hemp. (a) Notwithstanding any other 
353.9 	section of this chapter, a product containing nonintoxicating cannabinoids, including an 
353.10 	edible cannabinoid product, may be sold for human or animal consumption only if all of 
353.11 	the requirements of this section are met, provided that a product sold for human or animal 
353.12 	consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an 
353.13 	edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that 
353.14 	exceeds the limits established in subdivision 5a, paragraph (f).
353.15 	(b) No other substance extracted or otherwise derived from hemp may be sold for human 
353.16 	consumption if the substance is intended:
353.17 	(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention 
353.18 	of disease in humans or other animals; or
353.19 	(2) to affect the structure or any function of the bodies of humans or other animals.
353.20 	(c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise 
353.21 	derived from hemp may be sold to any individual who is under the age of 21.
353.22 	(d) Products that meet the requirements of this section are not controlled substances 
353.23 	under section 152.02.

353.24 	Sec. 6. Minnesota Statutes 2020, section 151.72, subdivision 4, is amended to read:
353.25 		Subd. 4.Testing requirements. (a) A manufacturer of a product regulated under this 
353.26 	section must submit representative samples of the product to an independent, accredited 
353.27 	laboratory in order to certify that the product complies with the standards adopted by the 
353.28 	board. Testing must be consistent with generally accepted industry standards for herbal and 
353.29 	botanical substances, and, at a minimum, the testing must confirm that the product:
353.30 	(1) contains the amount or percentage of cannabinoids that is stated on the label of the 
353.31 	product;
354.1 	(2) does not contain more than trace amounts of any mold, residual solvents, pesticides, 
354.2 	fertilizers, or heavy metals; and
354.3 	(3) does not contain a delta-9 tetrahydrocannabinol concentration that exceeds the 
354.4 	concentration permitted for industrial hemp as defined in section 18K.02, subdivision 3
354.5 	more than 0.3 percent of any tetrahydrocannabinol.
354.6 	(b) Upon the request of the board, the manufacturer of the product must provide the 
354.7 	board with the results of the testing required in this section.
354.8 	(c) Testing of the hemp from which the nonintoxicating cannabinoid was derived, or 
354.9 	possession of a certificate of analysis for such hemp, does not meet the testing requirements 
354.10 	of this section.

354.11 	Sec. 7. Minnesota Statutes 2021 Supplement, section 151.72, subdivision 5, is amended 
354.12 	to read:
354.13 		Subd. 5.Labeling requirements. (a) A product regulated under this section must bear 
354.14 	a label that contains, at a minimum:
354.15 	(1) the name, location, contact phone number, and website of the manufacturer of the 
354.16 	product;
354.17 	(2) the name and address of the independent, accredited laboratory used by the 
354.18 	manufacturer to test the product; and
354.19 	(3) an accurate statement of the amount or percentage of cannabinoids found in each 
354.20 	unit of the product meant to be consumed; or.
354.21 	(4) instead of the information required in clauses (1) to (3), a scannable bar code or QR 
354.22 	code that links to the manufacturer's website.
354.23 	(b) The information in paragraph (a) may be provided on an outer package if the 
354.24 	immediate container that holds the product is too small to contain all of the information.
354.25 	(c) The information required in paragraph (a) may be provided through the use of a 
354.26 	scannable barcode or matrix barcode that links to a page on the manufacturer's website if 
354.27 	that page contains all of the information required by this subdivision.
354.28 	(d) The label must also include a statement stating that this the product does not claim 
354.29 	to diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by 
354.30 	the United States Food and Drug Administration (FDA) unless the product has been so 
354.31 	approved.
355.1 	(b) (e) The information required to be on the label by this subdivision must be prominently 
355.2 	and conspicuously placed and on the label or displayed on the website in terms that can be 
355.3 	easily read and understood by the consumer.
355.4 	(c) (f) The label labeling must not contain any claim that the product may be used or is 
355.5 	effective for the prevention, treatment, or cure of a disease or that it may be used to alter 
355.6 	the structure or function of human or animal bodies, unless the claim has been approved by 
355.7 	the FDA.

355.8 	Sec. 8. Minnesota Statutes 2020, section 151.72, is amended by adding a subdivision to 
355.9 	read:
355.10 		Subd. 5a.Additional requirements for edible cannabinoid products. (a) In addition 
355.11 	to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid 
355.12 	must meet the requirements of this subdivision.
355.13 	(b) An edible cannabinoid product must not:
355.14 	(1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, 
355.15 	animal, or fruit that appeals to children;
355.16 	(2) be modeled after a brand of products primarily consumed by or marketed to children;
355.17 	(3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a 
355.18 	commercially available candy or snack food item;
355.19 	(4) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved 
355.20 	by the United States Food and Drug Administration for use in food;
355.21 	(5) be packaged in a way that resembles the trademarked, characteristic, or 
355.22 	product-specialized packaging of any commercially available food product; or
355.23 	(6) be packaged in a container that includes a statement, artwork, or design that could 
355.24 	reasonably mislead any person to believe that the package contains anything other than an 
355.25 	edible cannabinoid product.
355.26 	(c) An edible cannabinoid product must be prepackaged in packaging or a container that 
355.27 	is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is 
355.28 	child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The 
355.29 	requirement that packaging be child-resistant does not apply to an edible cannabinoid product 
355.30 	that is intended to be consumed as a beverage and which contains no more than a trace 
355.31 	amount of any tetrahydrocannabinol.
356.1 	(d) If an edible cannabinoid product is intended for more than a single use or contains 
356.2 	multiple servings, each serving must be indicated by scoring, wrapping, or other indicators 
356.3 	designating the individual serving size.
356.4 	(e) A label containing at least the following information must be affixed to the packaging 
356.5 	or container of all edible cannabinoid products sold to consumers:
356.6 	(1) the serving size;
356.7 	(2) the cannabinoid profile per serving and in total;
356.8 	(3) a list of ingredients, including identification of any major food allergens declared 
356.9 	by name; and
356.10 	(4) the following statement: "Keep this product out of reach of children."
356.11 	(f) An edible cannabinoid product must not contain more than five milligrams of any 
356.12 	tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any 
356.13 	tetrahydrocannabinol per package.

356.14 	Sec. 9. Minnesota Statutes 2020, section 151.72, subdivision 6, is amended to read:
356.15 		Subd. 6.Enforcement. (a) A product sold regulated under this section, including an 
356.16 	edible cannabinoid product, shall be considered an adulterated drug if:
356.17 	(1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance;
356.18 	(2) it has been produced, prepared, packed, or held under unsanitary conditions where 
356.19 	it may have been rendered injurious to health, or where it may have been contaminated with 
356.20 	filth;
356.21 	(3) its container is composed, in whole or in part, of any poisonous or deleterious 
356.22 	substance that may render the contents injurious to health;
356.23 	(4) it contains any food additives, color additives, or excipients that have been found by 
356.24 	the FDA to be unsafe for human or animal consumption; or
356.25 	(5) it contains an amount or percentage of nonintoxicating cannabinoids that is different 
356.26 	than the amount or percentage stated on the label.;
356.27 	(6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is 
356.28 	an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits 
356.29 	established in subdivision 5a, paragraph (f); or
356.30 	(7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, 
356.31 	or heavy metals.
357.1 	(b) A product soldregulated under this section shall be considered a misbranded drug 
357.2 	if the product's labeling is false or misleading in any manner or in violation of the 
357.3 	requirements of this section.
357.4 	(c) The board's authority to issue cease and desist orders under section 151.06; to embargo 
357.5 	adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under 
357.6 	section 214.11, extends to any violation of this section.

357.7 	Sec. 10. Minnesota Statutes 2020, section 152.02, subdivision 2, is amended to read:
357.8 		Subd. 2.Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
357.9 	(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the 
357.10 	following substances, including their analogs, isomers, esters, ethers, salts, and salts of 
357.11 	isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, 
357.12 	and salts is possible:
357.13 	(1) acetylmethadol;
357.14 	(2) allylprodine;
357.15 	(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl 
357.16 	acetate);
357.17 	(4) alphameprodine;
357.18 	(5) alphamethadol;
357.19 	(6) alpha-methylfentanyl benzethidine;
357.20 	(7) betacetylmethadol;
357.21 	(8) betameprodine;
357.22 	(9) betamethadol;
357.23 	(10) betaprodine;
357.24 	(11) clonitazene;
357.25 	(12) dextromoramide;
357.26 	(13) diampromide;
357.27 	(14) diethyliambutene;
357.28 	(15) difenoxin;
357.29 	(16) dimenoxadol;
358.1 	(17) dimepheptanol;
358.2 	(18) dimethyliambutene;
358.3 	(19) dioxaphetyl butyrate;
358.4 	(20) dipipanone;
358.5 	(21) ethylmethylthiambutene;
358.6 	(22) etonitazene;
358.7 	(23) etoxeridine;
358.8 	(24) furethidine;
358.9 	(25) hydroxypethidine;
358.10 	(26) ketobemidone;
358.11 	(27) levomoramide;
358.12 	(28) levophenacylmorphan;
358.13 	(29) 3-methylfentanyl;
358.14 	(30) acetyl-alpha-methylfentanyl;
358.15 	(31) alpha-methylthiofentanyl;
358.16 	(32) benzylfentanyl beta-hydroxyfentanyl;
358.17 	(33) beta-hydroxy-3-methylfentanyl;
358.18 	(34) 3-methylthiofentanyl;
358.19 	(35) thenylfentanyl;
358.20 	(36) thiofentanyl;
358.21 	(37) para-fluorofentanyl;
358.22 	(38) morpheridine;
358.23 	(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
358.24 	(40) noracymethadol;
358.25 	(41) norlevorphanol;
358.26 	(42) normethadone;
358.27 	(43) norpipanone;
359.1 	(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
359.2 	(45) phenadoxone;
359.3 	(46) phenampromide;
359.4 	(47) phenomorphan;
359.5 	(48) phenoperidine;
359.6 	(49) piritramide;
359.7 	(50) proheptazine;
359.8 	(51) properidine;
359.9 	(52) propiram;
359.10 	(53) racemoramide;
359.11 	(54) tilidine;
359.12 	(55) trimeperidine;
359.13 	(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
359.14 	(57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-
359.15 	methylbenzamide(U47700);
359.16 	(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl);
359.17 	(59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol);
359.18 	(60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl 
359.19 	fentanyl);
359.20 	(61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl);
359.21 	(62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45);
359.22 	(63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl 
359.23 	fentanyl);
359.24 	(64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl);
359.25 	(65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl);
359.26 	(66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide 
359.27 	(para-chloroisobutyryl fentanyl);
360.1 	(67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl 
360.2 	fentanyl);
360.3 	(68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide 
360.4 	(para-methoxybutyryl fentanyl);
360.5 	(69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil);
360.6 	(70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl 
360.7 	fentanyl or para-fluoroisobutyryl fentanyl);
360.8 	(71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or 
360.9 	acryloylfentanyl);
360.10 	(72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl 
360.11 	fentanyl);
360.12 	(73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl 
360.13 	or 2-fluorofentanyl);
360.14 	(74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide 
360.15 	(tetrahydrofuranyl fentanyl); and
360.16 	(75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, 
360.17 	esters and ethers, meaning any substance not otherwise listed under another federal 
360.18 	Administration Controlled Substance Code Number or not otherwise listed in this section, 
360.19 	and for which no exemption or approval is in effect under section 505 of the Federal Food, 
360.20 	Drug, and Cosmetic Act, United States Code , title 21, section 355, that is structurally related 
360.21 	to fentanyl by one or more of the following modifications:
360.22 	(i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether 
360.23 	or not further substituted in or on the monocycle;
360.24 	(ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, 
360.25 	haloalkyl, amino, or nitro groups;
360.26 	(iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, 
360.27 	hydroxyl, halo, haloalkyl, amino, or nitro groups;
360.28 	(iv) replacement of the aniline ring with any aromatic monocycle whether or not further 
360.29 	substituted in or on the aromatic monocycle; or
360.30 	(v) replacement of the N-propionyl group by another acyl group.
361.1 	(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 
361.2 	and salts of isomers, unless specifically excepted or unless listed in another schedule, 
361.3 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
361.4 	(1) acetorphine;
361.5 	(2) acetyldihydrocodeine;
361.6 	(3) benzylmorphine;
361.7 	(4) codeine methylbromide;
361.8 	(5) codeine-n-oxide;
361.9 	(6) cyprenorphine;
361.10 	(7) desomorphine;
361.11 	(8) dihydromorphine;
361.12 	(9) drotebanol;
361.13 	(10) etorphine;
361.14 	(11) heroin;
361.15 	(12) hydromorphinol;
361.16 	(13) methyldesorphine;
361.17 	(14) methyldihydromorphine;
361.18 	(15) morphine methylbromide;
361.19 	(16) morphine methylsulfonate;
361.20 	(17) morphine-n-oxide;
361.21 	(18) myrophine;
361.22 	(19) nicocodeine;
361.23 	(20) nicomorphine;
361.24 	(21) normorphine;
361.25 	(22) pholcodine; and
361.26 	(23) thebacon.
361.27 	(d) Hallucinogens. Any material, compound, mixture or preparation which contains any 
361.28 	quantity of the following substances, their analogs, salts, isomers (whether optical, positional, 
362.1 	or geometric), and salts of isomers, unless specifically excepted or unless listed in another 
362.2 	schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is 
362.3 	possible:
362.4 	(1) methylenedioxy amphetamine;
362.5 	(2) methylenedioxymethamphetamine;
362.6 	(3) methylenedioxy-N-ethylamphetamine (MDEA);
362.7 	(4) n-hydroxy-methylenedioxyamphetamine;
362.8 	(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
362.9 	(6) 2,5-dimethoxyamphetamine (2,5-DMA);
362.10 	(7) 4-methoxyamphetamine;
362.11 	(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
362.12 	(9) alpha-ethyltryptamine;
362.13 	(10) bufotenine;
362.14 	(11) diethyltryptamine;
362.15 	(12) dimethyltryptamine;
362.16 	(13) 3,4,5-trimethoxyamphetamine;
362.17 	(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
362.18 	(15) ibogaine;
362.19 	(16) lysergic acid diethylamide (LSD);
362.20 	(17) mescaline;
362.21 	(18) parahexyl;
362.22 	(19) N-ethyl-3-piperidyl benzilate;
362.23 	(20) N-methyl-3-piperidyl benzilate;
362.24 	(21) psilocybin;
362.25 	(22) psilocyn;
362.26 	(23) tenocyclidine (TPCP or TCP);
362.27 	(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
362.28 	(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
363.1 	(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
363.2 	(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
363.3 	(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
363.4 	(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
363.5 	(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
363.6 	(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
363.7 	(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
363.8 	(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
363.9 	(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
363.10 	(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
363.11 	(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
363.12 	(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
363.13 	(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 
363.14 	(2-CB-FLY);
363.15 	(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
363.16 	(40) alpha-methyltryptamine (AMT);
363.17 	(41) N,N-diisopropyltryptamine (DiPT);
363.18 	(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
363.19 	(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
363.20 	(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
363.21 	(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
363.22 	(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
363.23 	(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
363.24 	(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
363.25 	(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
363.26 	(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
363.27 	(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
364.1 	(52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
364.2 	(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
364.3 	(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
364.4 	(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
364.5 	(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
364.6 	(57) methoxetamine (MXE);
364.7 	(58) 5-iodo-2-aminoindane (5-IAI);
364.8 	(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
364.9 	(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
364.10 	(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
364.11 	(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
364.12 	(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
364.13 	(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
364.14 	(65) N,N-Dipropyltryptamine (DPT);
364.15 	(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
364.16 	(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
364.17 	(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
364.18 	(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
364.19 	(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine, 
364.20 	ethketamine, NENK);
364.21 	(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
364.22 	(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
364.23 	(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
364.24 	(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii 
364.25 	Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, 
364.26 	and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, 
364.27 	its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not 
364.28 	apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian 
364.29 	Church, and members of the American Indian Church are exempt from registration. Any 
365.1 	person who manufactures peyote for or distributes peyote to the American Indian Church, 
365.2 	however, is required to obtain federal registration annually and to comply with all other 
365.3 	requirements of law.
365.4 	(f) Central nervous system depressants. Unless specifically excepted or unless listed in 
365.5 	another schedule, any material compound, mixture, or preparation which contains any 
365.6 	quantity of the following substances, their analogs, salts, isomers, and salts of isomers 
365.7 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
365.8 	(1) mecloqualone;
365.9 	(2) methaqualone;
365.10 	(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
365.11 	(4) flunitrazepam;
365.12 	(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, 
365.13 	methoxyketamine);
365.14 	(6) tianeptine;
365.15 	(7) clonazolam;
365.16 	(8) etizolam;
365.17 	(9) flubromazolam; and
365.18 	(10) flubromazepam.
365.19 	(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 
365.20 	material compound, mixture, or preparation which contains any quantity of the following 
365.21 	substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the 
365.22 	analogs, salts, isomers, and salts of isomers is possible:
365.23 	(1) aminorex;
365.24 	(2) cathinone;
365.25 	(3) fenethylline;
365.26 	(4) methcathinone;
365.27 	(5) methylaminorex;
365.28 	(6) N,N-dimethylamphetamine;
365.29 	(7) N-benzylpiperazine (BZP);
366.1 	(8) methylmethcathinone (mephedrone);
366.2 	(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
366.3 	(10) methoxymethcathinone (methedrone);
366.4 	(11) methylenedioxypyrovalerone (MDPV);
366.5 	(12) 3-fluoro-N-methylcathinone (3-FMC);
366.6 	(13) methylethcathinone (MEC);
366.7 	(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
366.8 	(15) dimethylmethcathinone (DMMC);
366.9 	(16) fluoroamphetamine;
366.10 	(17) fluoromethamphetamine;
366.11 	(18) α-methylaminobutyrophenone (MABP or buphedrone);
366.12 	(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
366.13 	(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
366.14 	(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or 
366.15 	naphyrone);
366.16 	(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
366.17 	(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
366.18 	(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
366.19 	(25) 4-methyl-N-ethylcathinone (4-MEC);
366.20 	(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
366.21 	(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
366.22 	(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
366.23 	(29) 4-fluoro-N-methylcathinone (4-FMC);
366.24 	(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
366.25 	(31) alpha-pyrrolidinobutiophenone (α-PBP);
366.26 	(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
366.27 	(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
367.1 	(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
367.2 	(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
367.3 	(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP);
367.4 	(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
367.5 	(38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP);
367.6 	(39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone); 
367.7 	and
367.8 	(40) any other substance, except bupropion or compounds listed under a different 
367.9 	schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the 
367.10 	1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the 
367.11 	compound is further modified in any of the following ways:
367.12 	(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 
367.13 	haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 
367.14 	system by one or more other univalent substituents;
367.15 	(ii) by substitution at the 3-position with an acyclic alkyl substituent;
367.16 	(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 
367.17 	methoxybenzyl groups; or
367.18 	(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
367.19 	(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically 
367.20 	excepted or unless listed in another schedule, any natural or synthetic material, compound, 
367.21 	mixture, or preparation that contains any quantity of the following substances, their analogs, 
367.22 	isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence 
367.23 	of the isomers, esters, ethers, or salts is possible:
367.24 	(1) marijuana;
367.25 	(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except 
367.26 	that tetrahydrocannabinols do not include any material, compound, mixture, or preparation 
367.27 	that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic 
367.28 	equivalents of the substances contained in the cannabis plant or in the resinous extractives 
367.29 	of the plant,; or synthetic substances with similar chemical structure and pharmacological 
367.30 	activity to those substances contained in the plant or resinous extract, including, but not 
367.31 	limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 
367.32 	cis or trans tetrahydrocannabinol;
368.1 	(3) synthetic cannabinoids, including the following substances:
368.2 	(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 
368.3 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
368.4 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
368.5 	2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 
368.6 	extent and whether or not substituted in the naphthyl ring to any extent. Examples of 
368.7 	naphthoylindoles include, but are not limited to:
368.8 	(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
368.9 	(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
368.10 	(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
368.11 	(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
368.12 	(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
368.13 	(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
368.14 	(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
368.15 	(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
368.16 	(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
368.17 	(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
368.18 	(ii) Napthylmethylindoles, which are any compounds containing a 
368.19 	1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the 
368.20 	indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
368.21 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 
368.22 	substituted in the indole ring to any extent and whether or not substituted in the naphthyl 
368.23 	ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
368.24 	(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
368.25 	(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
368.26 	(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole 
368.27 	structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, 
368.28 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
368.29 	2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any 
368.30 	extent, whether or not substituted in the naphthyl ring to any extent. Examples of 
369.1 	naphthoylpyrroles include, but are not limited to, 
369.2 	(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
369.3 	(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene 
369.4 	structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, 
369.5 	cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
369.6 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any 
369.7 	extent, whether or not substituted in the naphthyl ring to any extent. Examples of 
369.8 	naphthylemethylindenes include, but are not limited to, 
369.9 	E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
369.10 	(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 
369.11 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
369.12 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
369.13 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any 
369.14 	extent, whether or not substituted in the phenyl ring to any extent. Examples of 
369.15 	phenylacetylindoles include, but are not limited to:
369.16 	(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
369.17 	(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
369.18 	(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
369.19 	(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
369.20 	(vi) Cyclohexylphenols, which are compounds containing a 
369.21 	2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic 
369.22 	ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
369.23 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted 
369.24 	in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not 
369.25 	limited to:
369.26 	(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
369.27 	(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 
369.28 	(Cannabicyclohexanol or CP 47,497 C8 homologue);
369.29 	(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 
369.30 	-phenol (CP 55,940).
369.31 	(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure 
369.32 	with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, 
370.1 	cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
370.2 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any 
370.3 	extent and whether or not substituted in the phenyl ring to any extent. Examples of 
370.4 	benzoylindoles include, but are not limited to:
370.5 	(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
370.6 	(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
370.7 	(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN 
370.8 	48,098 or Pravadoline).
370.9 	(viii) Others specifically named:
370.10 	(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
370.11 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
370.12 	(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
370.13 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
370.14 	(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 
370.15 	-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
370.16 	(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
370.17 	(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 
370.18 	(XLR-11);
370.19 	(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 
370.20 	(AKB-48(APINACA));
370.21 	(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 
370.22 	(5-Fluoro-AKB-48);
370.23 	(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
370.24 	(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
370.25 	(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide 
370.26 	(AB-PINACA);
370.27 	(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 
370.28 	1H-indazole-3-carboxamide (AB-FUBINACA);
370.29 	(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- 
370.30 	indazole-3-carboxamide(AB-CHMINACA);
371.1 	(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate 
371.2 	(5-fluoro-AMB);
371.3 	(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
371.4 	(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) 
371.5 	(FUBIMINA);
371.6 	(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo 
371.7 	[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
371.8 	(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) 
371.9 	-1H-indole-3-carboxamide (5-fluoro-ABICA);
371.10 	(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) 
371.11 	-1H-indole-3-carboxamide;
371.12 	(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) 
371.13 	-1H-indazole-3-carboxamide;
371.14 	(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
371.15 	(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1 
371.16 	H-indazole-3-carboxamide (MAB-CHMINACA);
371.17 	(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide 
371.18 	(ADB-PINACA);
371.19 	(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
371.20 	(X) N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-
371.21 	3-carboxamide. (APP-CHMINACA);
371.22 	(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
371.23 	(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
371.24 	(ix) Additional substances specifically named:
371.25 	(A) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 
371.26 	H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA);
371.27 	(B) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide 
371.28 	(4-CN-Cumyl-Butinaca);
371.29 	(C) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; CBL2201);
372.1 	(D) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 
372.2 	H-indazole-3-carboxamide (5F-ABPINACA);
372.3 	(E) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate 
372.4 	(MDMB CHMICA);
372.5 	(F) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate 
372.6 	(5F-ADB; 5F-MDMB-PINACA); and
372.7 	(G) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl) 
372.8 	1H-indazole-3-carboxamide (ADB-FUBINACA).
372.9 	(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended 
372.10 	for human consumption.

372.11 	EFFECTIVE DATE. This section is effective August 1, 2022, and applies to crimes 
372.12 	committed on or after that date.

372.13 	Sec. 11. Minnesota Statutes 2021 Supplement, section 363A.50, is amended to read:
372.14 	363A.50 NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
372.15 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
372.16 	the meanings given unless the context clearly requires otherwise.
372.17 	(b) "Anatomical gift" has the meaning given in section 525A.02, subdivision 4.
372.18 	(c) "Auxiliary aids and services" include, but are not limited to:
372.19 	(1) qualified interpreters or other effective methods of making aurally delivered materials 
372.20 	available to individuals with hearing impairments and to non-English-speaking individuals;
372.21 	(2) qualified readers, taped texts, texts in accessible electronic format, or other effective 
372.22 	methods of making visually delivered materials available to individuals with visual 
372.23 	impairments;
372.24 	(3) the provision of information in a format that is accessible for individuals with 
372.25 	cognitive, neurological, developmental, intellectual, or physical disabilities;
372.26 	(4) the provision of supported decision-making services; and
372.27 	(5) the acquisition or modification of equipment or devices.
372.28 	(d) "Covered entity" means:
372.29 	(1) any licensed provider of health care services, including licensed health care 
372.30 	practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric 
373.1 	residential treatment facilities, institutions for individuals with intellectual or developmental 
373.2 	disabilities, and prison health centers; or
373.3 	(2) any entity responsible for matching anatomical gift donors to potential recipients.
373.4 	(e) "Disability" has the meaning given in section 363A.03, subdivision 12.
373.5 	(f) "Organ transplant" means the transplantation or infusion of a part of a human body 
373.6 	into the body of another for the purpose of treating or curing a medical condition.
373.7 	(g) "Qualified individual" means an individual who, with or without available support 
373.8 	networks, the provision of auxiliary aids and services, or reasonable modifications to policies 
373.9 	or practices, meets the essential eligibility requirements for the receipt of an anatomical 
373.10 	gift.
373.11 	(h) "Reasonable modifications" include, but are not limited to:
373.12 	(1) communication with individuals responsible for supporting an individual with 
373.13 	postsurgical and post-transplantation care, including medication; and
373.14 	(2) consideration of support networks available to the individual, including family, 
373.15 	friends, and home and community-based services, including home and community-based 
373.16 	services funded through Medicaid, Medicare, another health plan in which the individual 
373.17 	is enrolled, or any program or source of funding available to the individual, in determining 
373.18 	whether the individual is able to comply with post-transplant medical requirements.
373.19 	(i) "Supported decision making" has the meaning given in section 524.5-102, subdivision 
373.20 	16a.
373.21 		Subd. 2.Prohibition of discrimination. (a) A covered entity may not, on the basis of 
373.22 	a qualified individual's race, ethnicity, mental disability, or physical disability:
373.23 	(1) deem an individual ineligible to receive an anatomical gift or organ transplant;
373.24 	(2) deny medical or related organ transplantation services, including evaluation, surgery, 
373.25 	counseling, and postoperative treatment and care;
373.26 	(3) refuse to refer the individual to a transplant center or other related specialist for the 
373.27 	purpose of evaluation or receipt of an anatomical gift or organ transplant;
373.28 	(4) refuse to place an individual on an organ transplant waiting list or place the individual 
373.29 	at a lower-priority position on the list than the position at which the individual would have 
373.30 	been placed if not for the individual's race, ethnicity, or disability; or
374.1 	(5) decline insurance coverage for any procedure associated with the receipt of the 
374.2 	anatomical gift or organ transplant, including post-transplantation and postinfusion care.
374.3 	(b) Notwithstanding paragraph (a), a covered entity may take an individual's disability 
374.4 	into account when making treatment or coverage recommendations or decisions, solely to 
374.5 	the extent that the physical or mental disability has been found by a physician, following 
374.6 	an individualized evaluation of the potential recipient to be medically significant to the 
374.7 	provision of the anatomical gift or organ transplant. The provisions of this section may not 
374.8 	be deemed to require referrals or recommendations for, or the performance of, organ 
374.9 	transplants that are not medically appropriate given the individual's overall health condition.
374.10 	(c) If an individual has the necessary support system to assist the individual in complying 
374.11 	with post-transplant medical requirements, an individual's inability to independently comply 
374.12 	with those requirements may not be deemed to be medically significant for the purposes of 
374.13 	paragraph (b).
374.14 	(d) A covered entity must make reasonable modifications to policies, practices, or 
374.15 	procedures, when such modifications are necessary to make services such as 
374.16 	transplantation-related counseling, information, coverage, or treatment available to qualified 
374.17 	individuals with disabilities, unless the entity can demonstrate that making such modifications 
374.18 	would fundamentally alter the nature of such services.
374.19 	(e) A covered entity must take such steps as may be necessary to ensure that no qualified 
374.20 	individual with a disability is denied services such as transplantation-related counseling, 
374.21 	information, coverage, or treatment because of the absence of auxiliary aids and services, 
374.22 	unless the entity can demonstrate that taking such steps would fundamentally alter the nature 
374.23 	of the services being offered or result in an undue burden. A covered entity is not required 
374.24 	to provide supported decision-making services.
374.25 	(f) A covered entity must otherwise comply with the requirements of Titles II and III of 
374.26 	the Americans with Disabilities Act of 1990, the Americans with Disabilities Act 
374.27 	Amendments Act of 2008, and the Minnesota Human Rights Act.
374.28 	(g) The provisions of this section apply to each part of the organ transplant process.
374.29 		Subd. 3.Remedies. In addition to all other remedies available under this chapter, any 
374.30 	individual who has been subjected to discrimination in violation of this section may initiate 
374.31 	a civil action in a court of competent jurisdiction to enjoin violations of this section.

375.1 	Sec. 12. INITIAL MEMBERS AND FIRST MEETING; MINNESOTA RARE 
375.2 	DISEASE ADVISORY COUNCIL.
 375.3 	Public members serving on the University of Minnesota's Advisory Council on Rare 
375.4 	Diseases on June 30, 2022, are the initial public members of the Minnesota Rare Disease 
375.5 	Advisory Council. The terms of the members begin on July 1, 2022. The governor must 
375.6 	designate six members to serve a two-year term; six members to serve a three-year term; 
375.7 	and five members to serve a four-year term. The governor may appoint additional members 
375.8 	under Minnesota Statutes, section 137.68, subdivision 2, paragraph (b), clause (13), and 
375.9 	must set their terms so that roughly one-third of the members' terms expire after two years, 
375.10 	one-third after three years, and one-third after four years. Legislative members of the 
375.11 	University of Minnesota's Advisory Council on Rare Disease serve on the Minnesota Rare 
375.12 	Disease Advisory Council until appointing authorities appoint successors. The person serving 
375.13 	as chair of the executive subcommittee of the University of Minnesota's Advisory Council 
375.14 	on Rare Diseases shall convene the first meeting of the Minnesota Rare Disease Advisory 
375.15 	Council by September 1, 2022.

375.16 	Sec. 13. APPROPRIATIONS.
 375.17 	In accordance with Minnesota Statutes, section 15.039, subdivision 6, the unexpended 
375.18 	balance of money appropriated from the general fund to the Board of Regents of the 
375.19 	University of Minnesota for purposes of the advisory council on rare diseases under 
375.20 	Minnesota Statutes, section 137.68, shall be under the control of the Minnesota Rare Disease 
375.21 	Advisory Council and the Council on Disability.

375.22 	EFFECTIVE DATE. This section is effective July 1, 2022.

375.23 	Sec. 14. REVISOR INSTRUCTION.
 375.24 	The revisor of statutes shall renumber as Minnesota Statutes, section 256.4835, the 
375.25 	Minnesota Rare Disease Advisory Council that is currently coded as Minnesota Statutes, 
375.26 	section 137.68. The revisor shall also make necessary cross-reference changes consistent 
375.27 	with the renumbering.

375.28 	EFFECTIVE DATE. This section is effective July 1, 2022.

376.1 	ARTICLE 14
376.2 	MANDATED REPORTS

376.3 	Section 1. Minnesota Statutes 2020, section 62J.692, subdivision 5, is amended to read:
376.4 		Subd. 5.Report. (a) Sponsoring institutions receiving funds under this section must 
376.5 	sign and submit a medical education grant verification report (GVR) to verify that the correct 
376.6 	grant amount was forwarded to each eligible training site. If the sponsoring institution fails 
376.7 	to submit the GVR by the stated deadline, or to request and meet the deadline for an 
376.8 	extension, the sponsoring institution is required to return the full amount of funds received 
376.9 	to the commissioner within 30 days of receiving notice from the commissioner. The 
376.10 	commissioner shall distribute returned funds to the appropriate training sites in accordance 
376.11 	with the commissioner's approval letter.
376.12 	(b) The reports must provide verification of the distribution of the funds and must include:
376.13 	(1) the total number of eligible trainee FTEs in each clinical medical education program;
376.14 	(2) the name of each funded program and, for each program, the dollar amount distributed 
376.15 	to each training site and a training site expenditure report;
376.16 	(3) documentation of any discrepancies between the initial grant distribution notice 
376.17 	included in the commissioner's approval letter and the actual distribution;
376.18 	(4) a statement by the sponsoring institution stating that the completed grant verification 
376.19 	report is valid and accurate; and
376.20 	(5) other information the commissioner deems appropriate to evaluate the effectiveness 
376.21 	of the use of funds for medical education.
376.22 	(c) Each year, the commissioner shall provide an annual summary report to the legislature 
376.23 	on the implementation of this section. This report is exempt from section 144.05, subdivision 
376.24 	7.

376.25 	Sec. 2. Minnesota Statutes 2020, section 62Q.37, subdivision 7, is amended to read:
376.26 		Subd. 7.Human services. (a) The commissioner of human services shall implement 
376.27 	this section in a manner that is consistent with applicable federal laws and regulations and 
376.28 	that avoids the duplication of review activities performed by a nationally recognized 
376.29 	independent organization.
376.30 	(b) By December 31 of each year, the commissioner shall submit to the legislature a 
376.31 	written report identifying the number of audits performed by a nationally recognized 
377.1 	independent organization that were accepted, partially accepted, or rejected by the 
377.2 	commissioner under this section. The commissioner shall provide the rationale for partial 
377.3 	acceptance or rejection. If the rationale for the partial acceptance or rejection was based on 
377.4 	the commissioner's determination that the standards used in the audit were not equivalent 
377.5 	to state law, regulation, or contract requirement, the report must document the variances 
377.6 	between the audit standards and the applicable state requirements.

377.7 	Sec. 3. Minnesota Statutes 2020, section 144.193, is amended to read:
377.8 	144.193 INVENTORY OF BIOLOGICAL AND HEALTH DATA.
377.9 	By February 1, 2014, and annually after that date, the commissioner shall prepare an 
377.10 	inventory of biological specimens, registries, and health data and databases collected or 
377.11 	maintained by the commissioner. In addition to the inventory, the commissioner shall provide 
377.12 	the schedules for storage of health data and biological specimens. The inventories must be 
377.13 	listed in reverse chronological order beginning with the year 2012. The commissioner shall 
377.14 	make the inventory and schedules available on the department's website and submit the 
377.15 	inventory and schedules to the chairs and ranking minority members of the committees of 
377.16 	the legislature with jurisdiction over health policy and data practices issues.

377.17 	Sec. 4. Minnesota Statutes 2020, section 144.4199, subdivision 8, is amended to read:
377.18 		Subd. 8.Report. By January 15 of each year, the commissioner shall submit a report to 
377.19 	the chairs and ranking minority members of the house of representatives Ways and Means 
377.20 	Committee, the senate Finance Committee, and the house of representatives and senate 
377.21 	committees with jurisdiction over health and human services finance, detailing expenditures 
377.22 	made in the previous calendar year from the public health response contingency account.
377.23 	This report is exempt from section 144.05, subdivision 7.

377.24 	Sec. 5. Minnesota Statutes 2020, section 144A.10, subdivision 17, is amended to read:
377.25 		Subd. 17.Agency quality improvement program; annual report on survey 
377.26 	process. (a) The commissioner shall establish a quality improvement program for the nursing 
377.27 	facility survey and complaint processes. The commissioner must regularly consult with 
377.28 	consumers, consumer advocates, and representatives of the nursing home industry and 
377.29 	representatives of nursing home employees in implementing the program. The commissioner, 
377.30 	through the quality improvement program, shall submit to the legislature an annual survey 
377.31 	and certification quality improvement report, beginning December 15, 2004, and each 
377.32 	December 15 thereafter. This report is exempt from section 144.05, subdivision 7.
378.1 	(b) The report must include, but is not limited to, an analysis of:
378.2 	(1) the number, scope, and severity of citations by region within the state;
378.3 	(2) cross-referencing of citations by region within the state and between states within 
378.4 	the Centers for Medicare and Medicaid Services region in which Minnesota is located;
378.5 	(3) the number and outcomes of independent dispute resolutions;
378.6 	(4) the number and outcomes of appeals;
378.7 	(5) compliance with timelines for survey revisits and complaint investigations;
378.8 	(6) techniques of surveyors in investigations, communication, and documentation to 
378.9 	identify and support citations;
378.10 	(7) compliance with timelines for providing facilities with completed statements of 
378.11 	deficiencies; and
378.12 	(8) other survey statistics relevant to improving the survey process.
378.13 	(c) The report must also identify and explain inconsistencies and patterns across regions 
378.14 	of the state; include analyses and recommendations for quality improvement areas identified 
378.15 	by the commissioner, consumers, consumer advocates, and representatives of the nursing 
378.16 	home industry and nursing home employees; and provide action plans to address problems 
378.17 	that are identified.

378.18 	Sec. 6. Minnesota Statutes 2020, section 144A.351, subdivision 1, is amended to read:
378.19 		Subdivision 1.Report requirements. (a) The commissioners of health and human 
378.20 	services, with the cooperation of counties and in consultation with stakeholders, including 
378.21 	persons who need or are using long-term care services and supports, lead agencies, regional 
378.22 	entities, senior, disability, and mental health organization representatives, service providers, 
378.23 	and community members shall prepare a report to the legislature by August 15, 2013, and 
378.24 	biennially thereafter, compile data regarding the status of the full range of long-term care 
378.25 	services and supports for the elderly and children and adults with disabilities and mental 
378.26 	illnesses in Minnesota. Any amounts appropriated for this report are available in either year 
378.27 	of the biennium. The report shall address compiled data shall include:
378.28 	(1) demographics and need for long-term care services and supports in Minnesota;
378.29 	(2) summary of county and regional reports on long-term care gaps, surpluses, imbalances, 
378.30 	and corrective action plans;
379.1 	(3) status of long-term care services and related mental health services, housing options, 
379.2 	and supports by county and region including:
379.3 	(i) changes in availability of the range of long-term care services and housing options;
379.4 	(ii) access problems, including access to the least restrictive and most integrated services 
379.5 	and settings, regarding long-term care services; and
379.6 	(iii) comparative measures of long-term care services availability, including serving 
379.7 	people in their home areas near family, and changes over time; and
379.8 	(4) recommendations regarding goals for the future of long-term care services and 
379.9 	supports, policy and fiscal changes, and resource development and transition needs.
379.10 	(b) The commissioners of health and human services shall make the compiled data 
379.11 	available on at least one of the department's websites.

379.12 	Sec. 7. Minnesota Statutes 2020, section 144A.483, subdivision 1, is amended to read:
379.13 		Subdivision 1.Annual legislative report on home care licensing. The commissioner 
379.14 	shall establish a quality improvement program for the home care survey and home care 
379.15 	complaint investigation processes. The commissioner shall submit to the legislature an 
379.16 	annual report, beginning October 1, 2015, and each October 1 thereafter, until October 1, 
379.17 	2027. Each report will review the previous state fiscal year of home care licensing and 
379.18 	regulatory activities. The report must include, but is not limited to, an analysis of:
379.19 	(1) the number of FTEs in the Division of Compliance Monitoring, including the Office 
379.20 	of Health Facility Complaints units assigned to home care licensing, survey, investigation, 
379.21 	and enforcement process;
379.22 	(2) numbers of and descriptive information about licenses issued, complaints received 
379.23 	and investigated, including allegations made and correction orders issued, surveys completed 
379.24 	and timelines, and correction order reconsiderations and results;
379.25 	(3) descriptions of emerging trends in home care provision and areas of concern identified 
379.26 	by the department in its regulation of home care providers;
379.27 	(4) information and data regarding performance improvement projects underway and 
379.28 	planned by the commissioner in the area of home care surveys; and
379.29 	(5) work of the Department of Health Home Care Advisory Council.

380.1 	Sec. 8. Minnesota Statutes 2020, section 145.4134, is amended to read:
380.2 	145.4134 COMMISSIONER'S PUBLIC REPORT.
380.3 	(a) By July 1 of each year, except for 1998 and 1999 information, the commissioner 
380.4 	shall issue a public report providing statistics for the previous calendar year compiled from 
380.5 	the data submitted under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249. 
380.6 	For 1998 and 1999 information, the report shall be issued October 1, 2000. Each report 
380.7 	shall provide the statistics for all previous calendar years, adjusted to reflect any additional 
380.8 	information from late or corrected reports. The commissioner shall ensure that none of the 
380.9 	information included in the public reports can reasonably lead to identification of an 
380.10 	individual having performed or having had an abortion. All data included on the forms 
380.11 	under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249 must be included 
380.12 	in the public report, except that the commissioner shall maintain as confidential, data which 
380.13 	alone or in combination may constitute information from which an individual having 
380.14 	performed or having had an abortion may be identified using epidemiologic principles. The 
380.15 	commissioner shall submit the report to the senate Health and Family Security Committee 
380.16 	and the house of representatives Health and Human Services Committee.
380.17 	(b) The commissioner may, by rules adopted under chapter 14, alter the submission 
380.18 	dates established under sections 145.4131 to 145.4133 for administrative convenience, fiscal 
380.19 	savings, or other valid reason, provided that physicians or facilities and the commissioner 
380.20 	of human services submit the required information once each year and the commissioner 
380.21 	issues a report once each year.

380.22 	Sec. 9. Minnesota Statutes 2020, section 145.928, subdivision 13, is amended to read:
380.23 		Subd. 13.Reports. (a) The commissioner shall submit a biennial report to the legislature 
380.24 	on the local community projects, tribal government, and community health board prevention 
380.25 	activities funded under this section. These reports must include information on grant 
380.26 	recipients, activities that were conducted using grant funds, evaluation data, and outcome 
380.27 	measures, if available. These reports are due by January 15 of every other year, beginning 
380.28 	in the year 2003.
380.29 	(b) The commissioner shall release an annual report to the public and submit the annual 
380.30 	report to the chairs and ranking minority members of the house of representatives and senate 
380.31 	committees with jurisdiction over public health on grants made under subdivision 7 to 
380.32 	decrease racial and ethnic disparities in infant mortality rates. The report must provide 
380.33 	specific information on the amount of each grant awarded to each agency or organization, 
380.34 	an itemized list submitted to the commissioner by each agency or organization awarded a 
381.1 	grant specifying all uses of grant funds and the amount expended for each use, the population 
381.2 	served by each agency or organization, outcomes of the programs funded by each grant, 
381.3 	and the amount of the appropriation retained by the commissioner for administrative and 
381.4 	associated expenses. The commissioner shall issue a report each January 15 for the previous 
381.5 	fiscal year beginning January 15, 2016.

381.6 	Sec. 10. Minnesota Statutes 2020, section 245.4661, subdivision 10, is amended to read:
381.7 		Subd. 10.Commissioner duty to report on use of grant funds biennially. (a) By 
381.8 	November 1, 2016, and biennially thereafter, the commissioner of human services shall 
381.9 	provide sufficient information to the members of the legislative committees having 
381.10 	jurisdiction over mental health funding and policy issues to evaluate the use of funds 
381.11 	appropriated under this section of law. The commissioner shall provide, at a minimum, the 
381.12 	following information:
381.13 	(1) the amount of funding to mental health initiatives, what programs and services were 
381.14 	funded in the previous two years, gaps in services that each initiative brought to the attention 
381.15 	of the commissioner, and outcome data for the programs and services that were funded; and
381.16 	(2) the amount of funding for other targeted services and the location of services.
381.17 	(b) This subdivision expires January 1, 2032.

381.18 	Sec. 11. Minnesota Statutes 2020, section 245.4889, subdivision 3, is amended to read:
381.19 		Subd. 3.Commissioner duty to report on use of grant funds biennially. (a) By 
381.20 	November 1, 2016, and biennially thereafter, the commissioner of human services shall 
381.21 	provide sufficient information to the members of the legislative committees having 
381.22 	jurisdiction over mental health funding and policy issues to evaluate the use of funds 
381.23 	appropriated under this section. The commissioner shall provide, at a minimum, the following 
381.24 	information:
381.25 	(1) the amount of funding for children's mental health grants, what programs and services 
381.26 	were funded in the previous two years, and outcome data for the programs and services that 
381.27 	were funded; and
381.28 	(2) the amount of funding for other targeted services and the location of services.
381.29 	(b) This subdivision expires January 1, 2032.

382.1 	Sec. 12. Minnesota Statutes 2021 Supplement, section 245A.03, subdivision 7, is amended 
382.2 	to read:
382.3 		Subd. 7.Licensing moratorium. (a) The commissioner shall not issue an initial license 
382.4 	for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult 
382.5 	foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter 
382.6 	for a physical location that will not be the primary residence of the license holder for the 
382.7 	entire period of licensure. If a family child foster care home or family adult foster care home 
382.8 	license is issued during this moratorium, and the license holder changes the license holder's 
382.9 	primary residence away from the physical location of the foster care license, the 
382.10 	commissioner shall revoke the license according to section 245A.07. The commissioner 
382.11 	shall not issue an initial license for a community residential setting licensed under chapter 
382.12 	245D. When approving an exception under this paragraph, the commissioner shall consider 
382.13 	the resource need determination process in paragraph (h), the availability of foster care 
382.14 	licensed beds in the geographic area in which the licensee seeks to operate, the results of a 
382.15 	person's choices during their annual assessment and service plan review, and the 
382.16 	recommendation of the local county board. The determination by the commissioner is final 
382.17 	and not subject to appeal. Exceptions to the moratorium include:
382.18 	(1) foster care settings where at least 80 percent of the residents are 55 years of age or 
382.19 	older;
382.20 	(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or 
382.21 	community residential setting licenses replacing adult foster care licenses in existence on 
382.22 	December 31, 2013, and determined to be needed by the commissioner under paragraph 
382.23 	(b);
382.24 	(3) new foster care licenses or community residential setting licenses determined to be 
382.25 	needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, 
382.26 	or regional treatment center; restructuring of state-operated services that limits the capacity 
382.27 	of state-operated facilities; or allowing movement to the community for people who no 
382.28 	longer require the level of care provided in state-operated facilities as provided under section 
382.29 	256B.092, subdivision 13, or 256B.49, subdivision 24;
382.30 	(4) new foster care licenses or community residential setting licenses determined to be 
382.31 	needed by the commissioner under paragraph (b) for persons requiring hospital level care;
382.32 	(5) new foster care licenses or community residential setting licenses for people receiving 
382.33 	services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and 
382.34 	for which a license is required. This exception does not apply to people living in their own 
383.1 	home. For purposes of this clause, there is a presumption that a foster care or community 
383.2 	residential setting license is required for services provided to three or more people in a 
383.3 	dwelling unit when the setting is controlled by the provider. A license holder subject to this 
383.4 	exception may rebut the presumption that a license is required by seeking a reconsideration 
383.5 	of the commissioner's determination. The commissioner's disposition of a request for 
383.6 	reconsideration is final and not subject to appeal under chapter 14. The exception is available 
383.7 	until June 30, 2018. This exception is available when:
383.8 	(i) the person's case manager provided the person with information about the choice of 
383.9 	service, service provider, and location of service, including in the person's home, to help 
383.10 	the person make an informed choice; and
383.11 	(ii) the person's services provided in the licensed foster care or community residential 
383.12 	setting are less than or equal to the cost of the person's services delivered in the unlicensed 
383.13 	setting as determined by the lead agency; or
383.14 	(6) new foster care licenses or community residential setting licenses for people receiving 
383.15 	customized living or 24-hour customized living services under the brain injury or community 
383.16 	access for disability inclusion waiver plans under section 256B.49 and residing in the 
383.17 	customized living setting before July 1, 2022, for which a license is required. A customized 
383.18 	living service provider subject to this exception may rebut the presumption that a license 
383.19 	is required by seeking a reconsideration of the commissioner's determination. The 
383.20 	commissioner's disposition of a request for reconsideration is final and not subject to appeal 
383.21 	under chapter 14. The exception is available until June 30, 2023. This exception is available 
383.22 	when:
383.23 	(i) the person's customized living services are provided in a customized living service 
383.24 	setting serving four or fewer people under the brain injury or community access for disability 
383.25 	inclusion waiver plans under section 256B.49 in a single-family home operational on or 
383.26 	before June 30, 2021. Operational is defined in section 256B.49, subdivision 28;
383.27 	(ii) the person's case manager provided the person with information about the choice of 
383.28 	service, service provider, and location of service, including in the person's home, to help 
383.29 	the person make an informed choice; and
383.30 	(iii) the person's services provided in the licensed foster care or community residential 
383.31 	setting are less than or equal to the cost of the person's services delivered in the customized 
383.32 	living setting as determined by the lead agency.
383.33 	(b) The commissioner shall determine the need for newly licensed foster care homes or 
383.34 	community residential settings as defined under this subdivision. As part of the determination, 
384.1 	the commissioner shall consider the availability of foster care capacity in the area in which 
384.2 	the licensee seeks to operate, and the recommendation of the local county board. The 
384.3 	determination by the commissioner must be final. A determination of need is not required 
384.4 	for a change in ownership at the same address.
384.5 	(c) When an adult resident served by the program moves out of a foster home that is not 
384.6 	the primary residence of the license holder according to section 256B.49, subdivision 15, 
384.7 	paragraph (f), or the adult community residential setting, the county shall immediately 
384.8 	inform the Department of Human Services Licensing Division. The department may decrease 
384.9 	the statewide licensed capacity for adult foster care settings.
384.10 	(d) Residential settings that would otherwise be subject to the decreased license capacity 
384.11 	established in paragraph (c) shall be exempt if the license holder's beds are occupied by 
384.12 	residents whose primary diagnosis is mental illness and the license holder is certified under 
384.13 	the requirements in subdivision 6a or section 245D.33.
384.14 	(e) A resource need determination process, managed at the state level, using the available 
384.15 	reports data required by section 144A.351, and other data and information shall be used to 
384.16 	determine where the reduced capacity determined under section 256B.493 will be 
384.17 	implemented. The commissioner shall consult with the stakeholders described in section 
384.18 	144A.351, and employ a variety of methods to improve the state's capacity to meet the 
384.19 	informed decisions of those people who want to move out of corporate foster care or 
384.20 	community residential settings, long-term service needs within budgetary limits, including 
384.21 	seeking proposals from service providers or lead agencies to change service type, capacity, 
384.22 	or location to improve services, increase the independence of residents, and better meet 
384.23 	needs identified by the long-term services and supports reports and statewide data and 
384.24 	information.
384.25 	(f) At the time of application and reapplication for licensure, the applicant and the license 
384.26 	holder that are subject to the moratorium or an exclusion established in paragraph (a) are 
384.27 	required to inform the commissioner whether the physical location where the foster care 
384.28 	will be provided is or will be the primary residence of the license holder for the entire period 
384.29 	of licensure. If the primary residence of the applicant or license holder changes, the applicant 
384.30 	or license holder must notify the commissioner immediately. The commissioner shall print 
384.31 	on the foster care license certificate whether or not the physical location is the primary 
384.32 	residence of the license holder.
384.33 	(g) License holders of foster care homes identified under paragraph (f) that are not the 
384.34 	primary residence of the license holder and that also provide services in the foster care home 
385.1 	that are covered by a federally approved home and community-based services waiver, as 
385.2 	authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human 
385.3 	services licensing division that the license holder provides or intends to provide these 
385.4 	waiver-funded services.
385.5 	(h) The commissioner may adjust capacity to address needs identified in section 
385.6 	144A.351. Under this authority, the commissioner may approve new licensed settings or 
385.7 	delicense existing settings. Delicensing of settings will be accomplished through a process 
385.8 	identified in section 256B.493. Annually, by August 1, the commissioner shall provide 
385.9 	information and data on capacity of licensed long-term services and supports, actions taken 
385.10 	under the subdivision to manage statewide long-term services and supports resources, and 
385.11 	any recommendations for change to the legislative committees with jurisdiction over the 
385.12 	health and human services budget.
385.13 	(i) The commissioner must notify a license holder when its corporate foster care or 
385.14 	community residential setting licensed beds are reduced under this section. The notice of 
385.15 	reduction of licensed beds must be in writing and delivered to the license holder by certified 
385.16 	mail or personal service. The notice must state why the licensed beds are reduced and must 
385.17 	inform the license holder of its right to request reconsideration by the commissioner. The 
385.18 	license holder's request for reconsideration must be in writing. If mailed, the request for 
385.19 	reconsideration must be postmarked and sent to the commissioner within 20 calendar days 
385.20 	after the license holder's receipt of the notice of reduction of licensed beds. If a request for 
385.21 	reconsideration is made by personal service, it must be received by the commissioner within 
385.22 	20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
385.23 	(j) The commissioner shall not issue an initial license for children's residential treatment 
385.24 	services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter 
385.25 	for a program that Centers for Medicare and Medicaid Services would consider an institution 
385.26 	for mental diseases. Facilities that serve only private pay clients are exempt from the 
385.27 	moratorium described in this paragraph. The commissioner has the authority to manage 
385.28 	existing statewide capacity for children's residential treatment services subject to the 
385.29 	moratorium under this paragraph and may issue an initial license for such facilities if the 
385.30 	initial license would not increase the statewide capacity for children's residential treatment 
385.31 	services subject to the moratorium under this paragraph.

385.32 	Sec. 13. Minnesota Statutes 2020, section 256.01, subdivision 29, is amended to read:
385.33 		Subd. 29.State medical review team. (a) To ensure the timely processing of 
385.34 	determinations of disability by the commissioner's state medical review team under sections 
386.1 	256B.055, subdivisions 7, paragraph (b), and 12, and 256B.057, subdivision 9, the 
386.2 	commissioner shall review all medical evidence and seek information from providers, 
386.3 	applicants, and enrollees to support the determination of disability where necessary. Disability 
386.4 	shall be determined according to the rules of title XVI and title XIX of the Social Security 
386.5 	Act and pertinent rules and policies of the Social Security Administration.
386.6 	(b) Prior to a denial or withdrawal of a requested determination of disability due to 
386.7 	insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary 
386.8 	and appropriate to a determination of disability, and (2) assist applicants and enrollees to 
386.9 	obtain the evidence, including, but not limited to, medical examinations and electronic 
386.10 	medical records.
386.11 	(c) The commissioner shall provide the chairs of the legislative committees with 
386.12 	jurisdiction over health and human services finance and budget the following information 
386.13 	on the activities of the state medical review team by February 1 of each year:
386.14 	(1) the number of applications to the state medical review team that were denied, 
386.15 	approved, or withdrawn;
386.16 	(2) the average length of time from receipt of the application to a decision;
386.17 	(3) the number of appeals, appeal results, and the length of time taken from the date the 
386.18 	person involved requested an appeal for a written decision to be made on each appeal;
386.19 	(4) for applicants, their age, health coverage at the time of application, hospitalization 
386.20 	history within three months of application, and whether an application for Social Security 
386.21 	or Supplemental Security Income benefits is pending; and
386.22 	(5) specific information on the medical certification, licensure, or other credentials of 
386.23 	the person or persons performing the medical review determinations and length of time in 
386.24 	that position.
386.25 	(d) (c) Any appeal made under section 256.045, subdivision 3, of a disability 
386.26 	determination made by the state medical review team must be decided according to the 
386.27 	timelines under section 256.0451, subdivision 22, paragraph (a). If a written decision is not 
386.28 	issued within the timelines under section 256.0451, subdivision 22, paragraph (a), the appeal 
386.29 	must be immediately reviewed by the chief human services judge.

386.30 	Sec. 14. Minnesota Statutes 2020, section 256.021, subdivision 3, is amended to read:
386.31 		Subd. 3.Report. (a) By January 15 of each year, the panel shall submit a report to the 
386.32 	committees of the legislature with jurisdiction over section 626.557 regarding the number 
387.1 	of requests for review it receives under this section, the number of cases where the panel 
387.2 	requires the lead investigative agency to reconsider its final disposition, and the number of 
387.3 	cases where the final disposition is changed, and any recommendations to improve the 
387.4 	review or investigative process.
387.5 	(b) This subdivision expires January 1, 2024.

387.6 	Sec. 15. Minnesota Statutes 2021 Supplement, section 256.042, subdivision 4, as amended 
387.7 	by Laws 2022, chapter 53, section 5, is amended to read:
387.8 		Subd. 4.Grants. (a) The commissioner of human services shall submit a report of the 
387.9 	grants proposed by the advisory council to be awarded for the upcoming calendar year to 
387.10 	the chairs and ranking minority members of the legislative committees with jurisdiction 
387.11 	over health and human services policy and finance, by December 1 of each year, beginning 
387.12 	March 1, 2020 December 1, 2022. This paragraph expires upon the expiration of the advisory 
387.13 	council.
387.14 	(b) The grants shall be awarded to proposals selected by the advisory council that address 
387.15 	the priorities in subdivision 1, paragraph (a), clauses (1) to (4), unless otherwise appropriated 
387.16 	by the legislature. The advisory council shall determine grant awards and funding amounts 
387.17 	based on the funds appropriated to the commissioner under section 256.043, subdivision 3, 
387.18 	paragraph (h), and subdivision 3a, paragraph (d). The commissioner shall award the grants 
387.19 	from the opiate epidemic response fund and administer the grants in compliance with section 
387.20 	16B.97. No more than ten percent of the grant amount may be used by a grantee for 
387.21 	administration.

387.22 	Sec. 16. Minnesota Statutes 2020, section 256.042, subdivision 5, as amended by Laws 
387.23 	2022, chapter 53, section 6, is amended to read:
387.24 		Subd. 5.Reports. (a) The advisory council shall report annually to the chairs and ranking 
387.25 	minority members of the legislative committees with jurisdiction over health and human 
387.26 	services policy and finance by January 31 of each year. The report shall include information 
387.27 	about the individual projects that receive grants, the municipality projects funded by direct 
387.28 	payments received as part of a statewide opioid settlement agreement, and the overall role 
387.29 	of the project in addressing the opioid addiction and overdose epidemic in Minnesota. The 
387.30 	report must describe the grantees and municipalities and the activities implemented, along 
387.31 	with measurable outcomes as determined by the council in consultation with the 
387.32 	commissioner of human services and the commissioner of management and budget. At a 
387.33 	minimum, the report must include information about the number of individuals who received 
388.1 	information or treatment, the outcomes the individuals achieved, and demographic 
388.2 	information about the individuals participating in the project; an assessment of the progress 
388.3 	toward achieving statewide access to qualified providers and comprehensive treatment and 
388.4 	recovery services; and an update on the evaluations implemented by the commissioner of 
388.5 	management and budget for the promising practices and theory-based projects that receive 
388.6 	funding.
388.7 	(b) The commissioner of management and budget, in consultation with the Opiate 
388.8 	Epidemic Response Advisory Council, shall report to the chairs and ranking minority 
388.9 	members of the legislative committees with jurisdiction over health and human services 
388.10 	policy and finance when an evaluation study described in subdivision 1, paragraph (c), is 
388.11 	complete on the promising practices or theory-based projects that are selected for evaluation 
388.12 	activities. The report shall include demographic information; outcome information for the 
388.13 	individuals in the program; the results for the program in promoting recovery, employment, 
388.14 	family reunification, and reducing involvement with the criminal justice system; and other 
388.15 	relevant outcomes determined by the commissioner of management and budget that are 
388.16 	specific to the projects that are evaluated. The report shall include information about the 
388.17 	ability of grant programs to be scaled to achieve the statewide results that the grant project 
388.18 	demonstrated.
388.19 	(c) The advisory council, in its annual report to the legislature under paragraph (a) due 
388.20 	by January 31, 2024, shall include recommendations on whether the appropriations to the 
388.21 	specified entities under Laws 2019, chapter 63, should be continued, adjusted, or 
388.22 	discontinued; whether funding should be appropriated for other purposes related to opioid 
388.23 	abuse prevention, education, and treatment; and on the appropriate level of funding for 
388.24 	existing and new uses.
388.25 	(d) Municipalities receiving direct payments from a statewide opioid settlement agreement 
388.26 	must report annually to the commissioner of human services on how the payments were 
388.27 	used on opioid remediation. The report must be submitted in a format prescribed by the 
388.28 	commissioner. The report must include data and measurable outcomes on expenditures 
388.29 	funded with direct payments from a statewide opioid settlement agreement, including details 
388.30 	on services listed in the categories of approved uses, as identified in agreements between 
388.31 	the state of Minnesota, the Association of Minnesota Counties, and the League of Minnesota 
388.32 	Cities. Reporting requirements must include, at a minimum:
388.33 	(1) contact information;
388.34 	(2) information on funded services and programs; and
389.1 	(3) target populations for each funded service and program.
389.2 	(e) In reporting data and outcomes under paragraph (d), municipalities must include, to 
389.3 	the extent feasible, information on the use of evidence-based and culturally relevant services.
389.4 	(f) For municipal projects using $25,000 or more of statewide opioid settlement agreement 
389.5 	payments in a calendar year, municipalities must also include in the report required under 
389.6 	paragraph (d):
389.7 	(1) a brief qualitative description of successes or challenges; and
389.8 	(2) results using process and quality measures.
389.9 	(g) This subdivision expires upon the expiration of the advisory council.

389.10 	Sec. 17. Minnesota Statutes 2020, section 256.9657, subdivision 8, is amended to read:
389.11 		Subd. 8.Commissioner's duties. (a) Beginning October 1, 2023, the commissioner of 
389.12 	human services shall annually report to the legislature quarterly on the first day of January, 
389.13 	April, July, and October chairs and ranking minority members of the legislative committees 
389.14 	with jurisdiction over health care policy and finance regarding the provider surcharge 
389.15 	program. The report shall include information on total billings, total collections, and 
389.16 	administrative expenditures for the previous fiscal year. The report on January 1, 1993, 
389.17 	shall include information on all surcharge billings, collections, federal matching payments 
389.18 	received, efforts to collect unpaid amounts, and administrative costs pertaining to the 
389.19 	surcharge program in effect from July 1, 1991, to September 30, 1992 This paragraph expires 
389.20 	January 1, 2032.
389.21 	(b) The surcharge shall be adjusted by inflationary and caseload changes in future 
389.22 	bienniums to maintain reimbursement of health care providers in accordance with the 
389.23 	requirements of the state and federal laws governing the medical assistance program, 
389.24 	including the requirements of the Medicaid moratorium amendments of 1991 found in 
389.25 	Public Law No. 102-234.
389.26 	(c) The commissioner shall request the Minnesota congressional delegation to support 
389.27 	a change in federal law that would prohibit federal disallowances for any state that makes 
389.28 	a good faith effort to comply with Public Law 102-234 by enacting conforming legislation 
389.29 	prior to the issuance of federal implementing regulations.

390.1 	Sec. 18. Minnesota Statutes 2020, section 256.975, subdivision 11, is amended to read:
390.2 		Subd. 11.Regional and local dementia grants. (a) The Minnesota Board on Aging 
390.3 	shall award competitive grants to eligible applicants for regional and local projects and 
390.4 	initiatives targeted to a designated community, which may consist of a specific geographic 
390.5 	area or population, to increase awareness of Alzheimer's disease and other dementias, 
390.6 	increase the rate of cognitive testing in the population at risk for dementias, promote the 
390.7 	benefits of early diagnosis of dementias, or connect caregivers of persons with dementia to 
390.8 	education and resources.
390.9 	(b) The project areas for grants include:
390.10 	(1) local or community-based initiatives to promote the benefits of physician or advanced 
390.11 	practice registered nurse consultations for all individuals who suspect a memory or cognitive 
390.12 	problem;
390.13 	(2) local or community-based initiatives to promote the benefits of early diagnosis of 
390.14 	Alzheimer's disease and other dementias; and
390.15 	(3) local or community-based initiatives to provide informational materials and other 
390.16 	resources to caregivers of persons with dementia.
390.17 	(c) Eligible applicants for local and regional grants may include, but are not limited to, 
390.18 	community health boards, school districts, colleges and universities, community clinics, 
390.19 	tribal communities, nonprofit organizations, and other health care organizations.
390.20 	(d) Applicants must:
390.21 	(1) describe the proposed initiative, including the targeted community and how the 
390.22 	initiative meets the requirements of this subdivision; and
390.23 	(2) identify the proposed outcomes of the initiative and the evaluation process to be used 
390.24 	to measure these outcomes.
390.25 	(e) In awarding the regional and local dementia grants, the Minnesota Board on Aging 
390.26 	must give priority to applicants who demonstrate that the proposed project:
390.27 	(1) is supported by and appropriately targeted to the community the applicant serves;
390.28 	(2) is designed to coordinate with other community activities related to other health 
390.29 	initiatives, particularly those initiatives targeted at the elderly;
390.30 	(3) is conducted by an applicant able to demonstrate expertise in the project areas;
391.1 	(4) utilizes and enhances existing activities and resources or involves innovative 
391.2 	approaches to achieve success in the project areas; and
391.3 	(5) strengthens community relationships and partnerships in order to achieve the project 
391.4 	areas.
391.5 	(f) The board shall divide the state into specific geographic regions and allocate a 
391.6 	percentage of the money available for the local and regional dementia grants to projects or 
391.7 	initiatives aimed at each geographic region.
391.8 	(g) The board shall award any available grants by January 1, 2016, and each July 1 
391.9 	thereafter.
391.10 	(h) Each grant recipient shall report to the board on the progress of the initiative at least 
391.11 	once during the grant period, and within two months of the end of the grant period shall 
391.12 	submit a final report to the board that includes the outcome results.
391.13 	(i) The Minnesota Board on Aging shall:
391.14 	(1) develop the criteria and procedures to allocate the grants under this subdivision, 
391.15 	evaluate all applicants on a competitive basis and award the grants, and select qualified 
391.16 	providers to offer technical assistance to grant applicants and grantees. The selected provider 
391.17 	shall provide applicants and grantees assistance with project design, evaluation methods, 
391.18 	materials, and training; and.
391.19 	(2) submit by January 15, 2017, and on each January 15 thereafter, a progress report on 
391.20 	the dementia grants programs under this subdivision to the chairs and ranking minority 
391.21 	members of the senate and house of representatives committees and divisions with jurisdiction 
391.22 	over health finance and policy. The report shall include:
391.23 	(i) information on each grant recipient;
391.24 	(ii) a summary of all projects or initiatives undertaken with each grant;
391.25 	(iii) the measurable outcomes established by each grantee, an explanation of the 
391.26 	evaluation process used to determine whether the outcomes were met, and the results of the 
391.27 	evaluation; and
391.28 	(iv) an accounting of how the grant funds were spent.

391.29 	Sec. 19. Minnesota Statutes 2020, section 256.975, subdivision 12, is amended to read:
391.30 		Subd. 12.Self-directed caregiver grants. The Minnesota Board on Aging shall, in 
391.31 	consultation with area agencies on aging and other community caregiver stakeholders, 
392.1 	administer self-directed caregiver grants to support at-risk family caregivers of older adults 
392.2 	or others eligible under the Older Americans Act of 1965, United States Code, title 42, 
392.3 	chapter 35, sections 3001 to 3058ff, to sustain family caregivers in the caregivers' roles so 
392.4 	older adults can remain at home longer. The board shall submit by January 15, 2022, and 
392.5 	each January 15 thereafter, a progress report on the self-directed caregiver grants program 
392.6 	to the chairs and ranking minority members of the senate and house of representatives 
392.7 	committees and divisions with jurisdiction over human services. The progress report must 
392.8 	include metrics on the use of the grant program.

392.9 	Sec. 20. Minnesota Statutes 2020, section 256B.0561, subdivision 4, is amended to read:
392.10 		Subd. 4.Report. (a) By September 1, 2019, and each September 1 thereafter, the 
392.11 	commissioner shall submit a report to the chairs and ranking minority members of the house 
392.12 	and senate committees with jurisdiction over human services finance that includes the 
392.13 	number of cases affected by periodic data matching under this section, the number of 
392.14 	recipients identified as possibly ineligible as a result of a periodic data match, and the number 
392.15 	of recipients whose eligibility was terminated as a result of a periodic data match. The report 
392.16 	must also specify, for recipients whose eligibility was terminated, how many cases were 
392.17 	closed due to failure to cooperate.
392.18 	(b) This subdivision expires January 1, 2027.

392.19 	Sec. 21. Minnesota Statutes 2020, section 256B.0911, subdivision 5, is amended to read:
392.20 		Subd. 5.Administrative activity. (a) The commissioner shall streamline the processes, 
392.21 	including timelines for when assessments need to be completed, required to provide the 
392.22 	services in this section and shall implement integrated solutions to automate the business 
392.23 	processes to the extent necessary for community support plan approval, reimbursement, 
392.24 	program planning, evaluation, and policy development.
392.25 	(b) The commissioner of human services shall work with lead agencies responsible for 
392.26 	conducting long-term consultation services to modify the MnCHOICES application and 
392.27 	assessment policies to create efficiencies while ensuring federal compliance with medical 
392.28 	assistance and long-term services and supports eligibility criteria.
392.29 	(c) The commissioner shall work with lead agencies responsible for conducting long-term 
392.30 	consultation services to develop a set of measurable benchmarks sufficient to demonstrate 
392.31 	quarterly improvement in the average time per assessment and other mutually agreed upon 
392.32 	measures of increasing efficiency. The commissioner shall collect data on these benchmarks 
392.33 	and provide to the lead agencies and the chairs and ranking minority members of the 
393.1 	legislative committees with jurisdiction over human services an annual trend analysis of 
393.2 	the data in order to demonstrate the commissioner's compliance with the requirements of 
393.3 	this subdivision.

393.4 	Sec. 22. Minnesota Statutes 2020, section 256B.0949, subdivision 17, is amended to read:
393.5 		Subd. 17.Provider shortage; authority for exceptions. (a) In consultation with the 
393.6 	Early Intensive Developmental and Behavioral Intervention Advisory Council and 
393.7 	stakeholders, including agencies, professionals, parents of people with ASD or a related 
393.8 	condition, and advocacy organizations, the commissioner shall determine if a shortage of 
393.9 	EIDBI providers exists. For the purposes of this subdivision, "shortage of EIDBI providers" 
393.10 	means a lack of availability of providers who meet the EIDBI provider qualification 
393.11 	requirements under subdivision 15 that results in the delay of access to timely services under 
393.12 	this section, or that significantly impairs the ability of a provider agency to have sufficient 
393.13 	providers to meet the requirements of this section. The commissioner shall consider 
393.14 	geographic factors when determining the prevalence of a shortage. The commissioner may 
393.15 	determine that a shortage exists only in a specific region of the state, multiple regions of 
393.16 	the state, or statewide. The commissioner shall also consider the availability of various types 
393.17 	of treatment modalities covered under this section.
393.18 	(b) The commissioner, in consultation with the Early Intensive Developmental and 
393.19 	Behavioral Intervention Advisory Council and stakeholders, must establish processes and 
393.20 	criteria for granting an exception under this paragraph. The commissioner may grant an 
393.21 	exception only if the exception would not compromise a person's safety and not diminish 
393.22 	the effectiveness of the treatment. The commissioner may establish an expiration date for 
393.23 	an exception granted under this paragraph. The commissioner may grant an exception for 
393.24 	the following:
393.25 	(1) EIDBI provider qualifications under this section;
393.26 	(2) medical assistance provider enrollment requirements under section 256B.04, 
393.27 	subdivision 21; or
393.28 	(3) EIDBI provider or agency standards or requirements.
393.29 	(c) If the commissioner, in consultation with the Early Intensive Developmental and 
393.30 	Behavioral Intervention Advisory Council and stakeholders, determines that a shortage no 
393.31 	longer exists, the commissioner must submit a notice that a shortage no longer exists to the 
393.32 	chairs and ranking minority members of the senate and the house of representatives 
393.33 	committees with jurisdiction over health and human services. The commissioner must post 
394.1 	the notice for public comment for 30 days. The commissioner shall consider public comments 
394.2 	before submitting to the legislature a request to end the shortage declaration. The 
394.3 	commissioner shall annually provide an update on the status of the provider shortage and 
394.4 	exceptions granted to the chairs and ranking minority members of the senate and house of 
394.5 	representatives committees with jurisdiction over health and human services. The 
394.6 	commissioner shall not declare the shortage of EIDBI providers ended without direction 
394.7 	from the legislature to declare it ended.

394.8 	Sec. 23. Minnesota Statutes 2020, section 256B.493, subdivision 2, is amended to read:
394.9 		Subd. 2.Planned closure process needs determination. A resource need determination 
394.10 	process, managed at the state level, using available reports data required by section 144A.351
394.11 	and other data and information shall be used by the commissioner to align capacity where 
394.12 	needed.

394.13 	Sec. 24. Minnesota Statutes 2020, section 256B.69, subdivision 9d, is amended to read:
394.14 		Subd. 9d.Financial and quality assurance audits. (a) The commissioner shall require, 
394.15 	in the request for bids and resulting contracts with managed care plans and county-based 
394.16 	purchasing plans under this section and section 256B.692, that each managed care plan and 
394.17 	county-based purchasing plan submit to and fully cooperate with the independent third-party 
394.18 	financial audits by the legislative auditor under subdivision 9e of the information required 
394.19 	under subdivision 9c, paragraph (b). Each contract with a managed care plan or county-based 
394.20 	purchasing plan under this section or section 256B.692 must provide the commissioner, the 
394.21 	legislative auditor, and vendors contracting with the legislative auditor, access to all data 
394.22 	required to complete audits under subdivision 9e.
394.23 	(b) Each managed care plan and county-based purchasing plan providing services under 
394.24 	this section shall provide to the commissioner biweekly encounter data and claims data for 
394.25 	state public health care programs and shall participate in a quality assurance program that 
394.26 	verifies the timeliness, completeness, accuracy, and consistency of the data provided. The 
394.27 	commissioner shall develop written protocols for the quality assurance program and shall 
394.28 	make the protocols publicly available. The commissioner shall contract for an independent 
394.29 	third-party audit to evaluate the quality assurance protocols as to the capacity of the protocols 
394.30 	to ensure complete and accurate data and to evaluate the commissioner's implementation 
394.31 	of the protocols.
395.1 	(c) Upon completion of the evaluation under paragraph (b), the commissioner shall 
395.2 	provide copies of the report to the legislative auditor and the chairs and ranking minority 
395.3 	members of the legislative committees with jurisdiction over health care policy and financing.
395.4 	(d) Any actuary under contract with the commissioner to provide actuarial services must 
395.5 	meet the independence requirements under the professional code for fellows in the Society 
395.6 	of Actuaries and must not have provided actuarial services to a managed care plan or 
395.7 	county-based purchasing plan that is under contract with the commissioner pursuant to this 
395.8 	section and section 256B.692 during the period in which the actuarial services are being 
395.9 	provided. An actuary or actuarial firm meeting the requirements of this paragraph must 
395.10 	certify and attest to the rates paid to the managed care plans and county-based purchasing 
395.11 	plans under this section and section 256B.692, and the certification and attestation must be 
395.12 	auditable.
395.13 	(e) The commissioner, to the extent of available funding, shall conduct ad hoc audits of 
395.14 	state public health care program administrative and medical expenses reported by managed 
395.15 	care plans and county-based purchasing plans. This includes: financial and encounter data 
395.16 	reported to the commissioner under subdivision 9c, including payments to providers and 
395.17 	subcontractors; supporting documentation for expenditures; categorization of administrative 
395.18 	and medical expenses; and allocation methods used to attribute administrative expenses to 
395.19 	state public health care programs. These audits also must monitor compliance with data and 
395.20 	financial report certification requirements established by the commissioner for the purposes 
395.21 	of managed care capitation payment rate-setting. The managed care plans and county-based 
395.22 	purchasing plans shall fully cooperate with the audits in this subdivision.
395.23 	The commissioner shall report to the chairs and ranking minority members of the 
395.24 	legislative committees with jurisdiction over health and human services policy and finance 
395.25 	by February 1, 2016, and each February 1 thereafter, the number of ad hoc audits conducted 
395.26 	in the past calendar year and the results of these audits.
395.27 	(f) Nothing in this subdivision shall allow the release of information that is nonpublic 
395.28 	data pursuant to section 13.02.

395.29 	Sec. 25. Minnesota Statutes 2020, section 256E.28, subdivision 6, is amended to read:
395.30 		Subd. 6.Evaluation. (a) Using the outcomes established according to subdivision 3, 
395.31 	the commissioner shall conduct a biennial evaluation of the grant program funded under 
395.32 	this section. Grant recipients shall cooperate with the commissioner in the evaluation and 
395.33 	shall provide the commissioner with the information needed to conduct the evaluation.
396.1 	(b) The commissioner shall consult with the legislative task force on child protection 
396.2 	during the evaluation process and.
396.3 	(c) The commissioner shall submit a biennial evaluation report to the task force and to 
396.4 	the chairs and ranking minority members of the house of representatives and senate 
396.5 	committees with jurisdiction over child protection funding. This paragraph expires January 
396.6 	1, 2032.

396.7 	Sec. 26. Minnesota Statutes 2020, section 256R.18, is amended to read:
396.8 	256R.18 REPORT BY COMMISSIONER OF HUMAN SERVICES.
396.9 	(a) Beginning January 1, 2019, the commissioner shall provide to the house of 
396.10 	representatives and senate committees with jurisdiction over nursing facility payment rates 
396.11 	a biennial report on the effectiveness of the reimbursement system in improving quality, 
396.12 	restraining costs, and any other features of the system as determined by the commissioner.
396.13 	(b) This section expires January 1, 2026.

396.14 	Sec. 27. Minnesota Statutes 2020, section 257.0725, is amended to read:
396.15 	257.0725 ANNUAL REPORT.
396.16 	(a) The commissioner of human services shall publish an annual report on child 
396.17 	maltreatment and on children in out-of-home placement. The commissioner shall confer 
396.18 	with counties, child welfare organizations, child advocacy organizations, the courts, and 
396.19 	other groups on how to improve the content and utility of the department's annual report. 
396.20 	In regard to child maltreatment, the report shall include the number and kinds of maltreatment 
396.21 	reports received and any other data that the commissioner determines is appropriate to 
396.22 	include in a report on child maltreatment. In regard to children in out-of-home placement, 
396.23 	the report shall include, by county and statewide, information on legal status, living 
396.24 	arrangement, age, sex, race, accumulated length of time in placement, reason for most recent 
396.25 	placement, race of family with whom placed, school enrollments within seven days of 
396.26 	placement pursuant to section 120A.21, and other information deemed appropriate on all 
396.27 	children in out-of-home placement. Out-of-home placement includes placement in any 
396.28 	facility by an authorized child-placing agency.
396.29 	(b) This section expires January 1, 2032.

397.1 	Sec. 28. Minnesota Statutes 2020, section 260.775, is amended to read:
397.2 	260.775 PLACEMENT RECORDS.
397.3 	(a) The commissioner of human services shall publish annually an inventory of all Indian 
397.4 	children in residential facilities. The inventory shall include, by county and statewide, 
397.5 	information on legal status, living arrangement, age, sex, tribe in which the child is a member 
397.6 	or eligible for membership, accumulated length of time in foster care, and other demographic 
397.7 	information deemed appropriate concerning all Indian children in residential facilities. The 
397.8 	report must also state the extent to which authorized child-placing agencies comply with 
397.9 	the order of preference described in United States Code, title 25, section 1901, et seq. The 
397.10 	commissioner shall include the information required under this paragraph in the annual 
397.11 	report on child maltreatment and on children in out-of-home placement under section 
397.12 	257.0725.
397.13 	(b) This section expires January 1, 2032.

397.14 	Sec. 29. Minnesota Statutes 2020, section 260E.24, subdivision 6, is amended to read:
397.15 		Subd. 6.Required referral to early intervention services. (a) A child under age three 
397.16 	who is involved in a substantiated case of maltreatment shall be referred for screening under 
397.17 	the Individuals with Disabilities Education Act, part C. Parents must be informed that the 
397.18 	evaluation and acceptance of services are voluntary. The commissioner of human services 
397.19 	shall monitor referral rates by county and annually report the information to the legislature. 
397.20 	Refusal to have a child screened is not a basis for a child in need of protection or services 
397.21 	petition under chapter 260C.
397.22 	(b) The commissioner of human services shall include the referral rates by county for 
397.23 	screening under the Individuals with Disabilities Education Act, part C in the annual report 
397.24 	on child maltreatment under section 257.0725. This paragraph expires January 1, 2032.

397.25 	Sec. 30. Minnesota Statutes 2020, section 260E.38, subdivision 3, is amended to read:
397.26 		Subd. 3.Report required. (a) The commissioner shall produce an annual report of the 
397.27 	summary results of the reviews. The report must only contain aggregate data and may not 
397.28 	include any data that could be used to personally identify any subject whose data is included 
397.29 	in the report. The report is public information and must be provided to the chairs and ranking 
397.30 	minority members of the legislative committees having jurisdiction over child protection 
397.31 	issues. The commissioner shall include the information required under this paragraph in the 
398.1 	annual report on child maltreatment and on children in out-of-home placement under section 
398.2 	257.0725.
398.3 	(b) This subdivision expires January 1, 2032.

398.4 	Sec. 31. Minnesota Statutes 2020, section 518A.77, is amended to read:
398.5 	518A.77 GUIDELINES REVIEW.
398.6 	(a) No later than 2006 and every four years after that, the Department of Human Services 
398.7 	must conduct a review of the child support guidelines.
398.8 	(b) This section expires January 1, 2032.

398.9 	Sec. 32. Minnesota Statutes 2020, section 626.557, subdivision 12b, is amended to read:
398.10 		Subd. 12b.Data management. (a) In performing any of the duties of this section as a 
398.11 	lead investigative agency, the county social service agency shall maintain appropriate 
398.12 	records. Data collected by the county social service agency under this section are welfare 
398.13 	data under section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data 
398.14 	under this paragraph that are inactive investigative data on an individual who is a vendor 
398.15 	of services are private data on individuals, as defined in section 13.02. The identity of the 
398.16 	reporter may only be disclosed as provided in paragraph (c).
398.17 	Data maintained by the common entry point are confidential data on individuals or 
398.18 	protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, the 
398.19 	common entry point shall maintain data for three calendar years after date of receipt and 
398.20 	then destroy the data unless otherwise directed by federal requirements.
398.21 	(b) The commissioners of health and human services shall prepare an investigation 
398.22 	memorandum for each report alleging maltreatment investigated under this section. County 
398.23 	social service agencies must maintain private data on individuals but are not required to 
398.24 	prepare an investigation memorandum. During an investigation by the commissioner of 
398.25 	health or the commissioner of human services, data collected under this section are 
398.26 	confidential data on individuals or protected nonpublic data as defined in section 13.02. 
398.27 	Upon completion of the investigation, the data are classified as provided in clauses (1) to 
398.28 	(3) and paragraph (c).
398.29 	(1) The investigation memorandum must contain the following data, which are public:
398.30 	(i) the name of the facility investigated;
398.31 	(ii) a statement of the nature of the alleged maltreatment;
399.1 	(iii) pertinent information obtained from medical or other records reviewed;
399.2 	(iv) the identity of the investigator;
399.3 	(v) a summary of the investigation's findings;
399.4 	(vi) statement of whether the report was found to be substantiated, inconclusive, false, 
399.5 	or that no determination will be made;
399.6 	(vii) a statement of any action taken by the facility;
399.7 	(viii) a statement of any action taken by the lead investigative agency; and
399.8 	(ix) when a lead investigative agency's determination has substantiated maltreatment, a 
399.9 	statement of whether an individual, individuals, or a facility were responsible for the 
399.10 	substantiated maltreatment, if known.
399.11 	The investigation memorandum must be written in a manner which protects the identity 
399.12 	of the reporter and of the vulnerable adult and may not contain the names or, to the extent 
399.13 	possible, data on individuals or private data listed in clause (2).
399.14 	(2) Data on individuals collected and maintained in the investigation memorandum are 
399.15 	private data, including:
399.16 	(i) the name of the vulnerable adult;
399.17 	(ii) the identity of the individual alleged to be the perpetrator;
399.18 	(iii) the identity of the individual substantiated as the perpetrator; and
399.19 	(iv) the identity of all individuals interviewed as part of the investigation.
399.20 	(3) Other data on individuals maintained as part of an investigation under this section 
399.21 	are private data on individuals upon completion of the investigation.
399.22 	(c) After the assessment or investigation is completed, the name of the reporter must be 
399.23 	confidential. The subject of the report may compel disclosure of the name of the reporter 
399.24 	only with the consent of the reporter or upon a written finding by a court that the report was 
399.25 	false and there is evidence that the report was made in bad faith. This subdivision does not 
399.26 	alter disclosure responsibilities or obligations under the Rules of Criminal Procedure, except 
399.27 	that where the identity of the reporter is relevant to a criminal prosecution, the district court 
399.28 	shall do an in-camera review prior to determining whether to order disclosure of the identity 
399.29 	of the reporter.
400.1 	(d) Notwithstanding section 138.163, data maintained under this section by the 
400.2 	commissioners of health and human services must be maintained under the following 
400.3 	schedule and then destroyed unless otherwise directed by federal requirements:
400.4 	(1) data from reports determined to be false, maintained for three years after the finding 
400.5 	was made;
400.6 	(2) data from reports determined to be inconclusive, maintained for four years after the 
400.7 	finding was made;
400.8 	(3) data from reports determined to be substantiated, maintained for seven years after 
400.9 	the finding was made; and
400.10 	(4) data from reports which were not investigated by a lead investigative agency and for 
400.11 	which there is no final disposition, maintained for three years from the date of the report.
400.12 	(e) The commissioners of health and human services shall annually publish on their 
400.13 	websites the number and type of reports of alleged maltreatment involving licensed facilities 
400.14 	reported under this section, the number of those requiring investigation under this section, 
400.15 	and the resolution of those investigations.
400.16 	On a biennial basis, the commissioners of health and human services shall jointly report 
400.17 	the following information to the legislature and the governor:
400.18 	(1) the number and type of reports of alleged maltreatment involving licensed facilities 
400.19 	reported under this section, the number of those requiring investigations under this section, 
400.20 	the resolution of those investigations, and which of the two lead agencies was responsible;
400.21 	(2) trends about types of substantiated maltreatment found in the reporting period;
400.22 	(3) if there are upward trends for types of maltreatment substantiated, recommendations 
400.23 	for addressing and responding to them;
400.24 	(4) efforts undertaken or recommended to improve the protection of vulnerable adults;
400.25 	(5) whether and where backlogs of cases result in a failure to conform with statutory 
400.26 	time frames and recommendations for reducing backlogs if applicable;
400.27 	(6) recommended changes to statutes affecting the protection of vulnerable adults; and
400.28 	(7) any other information that is relevant to the report trends and findings.
400.29 	(f) Each lead investigative agency must have a record retention policy.
400.30 	(g) Lead investigative agencies, prosecuting authorities, and law enforcement agencies 
400.31 	may exchange not public data, as defined in section 13.02, if the agency or authority 
401.1 	requesting the data determines that the data are pertinent and necessary to the requesting 
401.2 	agency in initiating, furthering, or completing an investigation under this section. Data 
401.3 	collected under this section must be made available to prosecuting authorities and law 
401.4 	enforcement officials, local county agencies, and licensing agencies investigating the alleged 
401.5 	maltreatment under this section. The lead investigative agency shall exchange not public 
401.6 	data with the vulnerable adult maltreatment review panel established in section 256.021 if 
401.7 	the data are pertinent and necessary for a review requested under that section. 
401.8 	Notwithstanding section 138.17, upon completion of the review, not public data received 
401.9 	by the review panel must be destroyed.
401.10 	(h) Each lead investigative agency shall keep records of the length of time it takes to 
401.11 	complete its investigations.
401.12 	(i) A lead investigative agency may notify other affected parties and their authorized 
401.13 	representative if the lead investigative agency has reason to believe maltreatment has occurred 
401.14 	and determines the information will safeguard the well-being of the affected parties or dispel 
401.15 	widespread rumor or unrest in the affected facility.
401.16 	(j) Under any notification provision of this section, where federal law specifically 
401.17 	prohibits the disclosure of patient identifying information, a lead investigative agency may 
401.18 	not provide any notice unless the vulnerable adult has consented to disclosure in a manner 
401.19 	which conforms to federal requirements.

401.20 	Sec. 33. REPEALER.
 401.21 	(a) Minnesota Statutes 2020, sections 62U.10, subdivision 3; 144.1911, subdivision 10; 
401.22 	144.564, subdivision 3; 144A.483, subdivision 2; 245.981; 246.131; 246B.03, subdivision 
401.23 	2; 246B.035; 256.01, subdivision 31; and 256B.0638, subdivision 7, are repealed.
401.24 	(b) Laws 1998, chapter 382, article 1, section 23, is repealed.

401.25 	ARTICLE 15
401.26 	FORECAST ADJUSTMENTS AND CARRY FORWARD AUTHORITY

401.27	Section 1. HUMAN SERVICES APPROPRIATION.
 	
401.28 	The dollar amounts shown in the columns marked "Appropriations" are added to or, if 
401.29 	shown in parentheses, are subtracted from the appropriations in Laws 2021, First Special 
401.30 	Session chapter 7, article 16, from the general fund or any fund named to the Department 
401.31 	of Human Services for the purposes specified in this article, to be available for the fiscal 
401.32 	year indicated for each purpose. The figures "2022" and "2023" used in this article mean 
401.33 	that the appropriations listed under them are available for the fiscal years ending June 30, 
402.1 	2022, or June 30, 2023, respectively. "The first year" is fiscal year 2022. "The second year" 
402.2 	is fiscal year 2023. "The biennium" is fiscal years 2022 and 2023.

402.3				APPROPRIATIONS
	
402.4				Available for the Year
	
402.5				Ending June 30
	
402.6					2022
		2023

402.7
402.8	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

402.9	Subdivision 1.Total Appropriation
 	$
	(585,901,000)
	$
	182,791,000

402.10	Appropriations by Fund
	
402.11	General Fund
	(406,629,000)
	185,395,000
	
402.12
402.13	Health Care Access 
Fund
	(86,146,000)
	(11,799,000)
	
402.14	Federal TANF
	(93,126,000)
	9,195,000

402.15	Subd. 2.Forecasted Programs

402.16	(a) MFIP/DWP

402.17	Appropriations by Fund
	
402.18	General Fund
	72,106,000
	(14,397,000)
	
402.19	Federal TANF
	(93,126,000)
	9,195,000

402.20	(b) MFIP Child Care Assistance
		(103,347,000)
		(73,738,000)

402.21	(c) General Assistance
		(4,175,000)
		(1,488,000)

402.22	(d) Minnesota Supplemental Aid
		318,000
		1,613,000

402.23	(e) Housing Support
		(1,994,000)
		9,257,000

402.24	(f) Northstar Care for Children
		(9,613,000)
		(4,865,000)

402.25	(g) MinnesotaCare
		(86,146,000)
		(11,799,000)
	
402.26 	These appropriations are from the health care 
402.27 	access fund.

402.28	(h) Medical Assistance

402.29	Appropriations by Fund
	
402.30	General Fund
	(348,364,000)
	292,880,000
	
402.31
402.32	Health Care Access 
Fund
	-0-
	-0-

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

403.1	(j) Behavioral Health Fund
		(11,560,000)
		(23,867,000)

403.2	Subd. 3.Technical Activities
 		-0-
		-0-
	
403.3 	These appropriations are from the federal 
403.4 	TANF fund.

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

403.6 	Sec. 3. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 23, 
403.7 	is amended to read:

403.8
403.9	Subd. 23.Grant Programs; Children and 
Community Service Grants
 		61,251,000
		61,856,000
60,856,000

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

403.11 	Sec. 4. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 24, 
403.12 	is amended to read:

403.13
403.14	Subd. 24.Grant Programs; Children and 
Economic Support Grants
 		29,740,000
		29,740,000
30,740,000
	
403.15 	Minnesota Food Assistance Program.
403.16 	Unexpended funds for the Minnesota food 
403.17 	assistance program for fiscal year 2022 do not 
403.18 	cancel but are available in fiscal year 2023.

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

403.20 	Sec. 5. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 29, 
403.21 	is amended to read:

403.22	Subd. 29.Grant Programs; Disabilities Grants
 		31,398,000
		31,010,000
	
403.23 	(a) Training Stipends for Direct Support 
403.24 	Services Providers. $1,000,000 in fiscal year 
403.25 	2022 is from the general fund for stipends for 
403.26 	individual providers of direct support services 
403.27 	as defined in Minnesota Statutes, section 
403.28 	256B.0711, subdivision 1. TheseThe stipends 
403.29 	are available to individual providers who have 
403.30 	completed designated voluntary trainings 
403.31 	made available through the State-Provider 
404.1 	Cooperation Committee formed by the State 
404.2 	of Minnesota and the Service Employees 
404.3 	International Union Healthcare Minnesota. 
404.4 	Any unspent appropriation in fiscal year 2022 
404.5 	is available in fiscal year 2023. This is a 
404.6 	onetime appropriation. This appropriation is 
404.7 	available only if the labor agreement between 
404.8 	the state of Minnesota and the Service 
404.9 	Employees International Union Healthcare 
404.10 	Minnesota under Minnesota Statutes, section 
404.11 	179A.54, is approved under Minnesota 
404.12 	Statutes, section 3.855.
404.13 	(b) Parent-to-Parent Peer Support. $125,000 
404.14 	in fiscal year 2022 and $125,000 in fiscal year 
404.15 	2023 are from the general fund for a grant to 
404.16 	an alliance member of Parent to Parent USA 
404.17 	to support the alliance member's 
404.18 	parent-to-parent peer support program for 
404.19 	families of children with a disability or special 
404.20 	health care need.
404.21 	(c) Self-Advocacy Grants. (1) $143,000 in 
404.22 	fiscal year 2022 and $143,000 in fiscal year 
404.23 	2023 are from the general fund for a grant 
404.24 	under Minnesota Statutes, section 256.477, 
404.25 	subdivision 1.
404.26 	(2) $105,000 in fiscal year 2022 and $105,000 
404.27 	in fiscal year 2023 are from the general fund 
404.28 	for subgrants under Minnesota Statutes, 
404.29 	section 256.477, subdivision 2.
404.30 	(d) Minnesota Inclusion Initiative Grants.
404.31 	$150,000 in fiscal year 2022 and $150,000 in 
404.32 	fiscal year 2023 are from the general fund for 
404.33 	grants under Minnesota Statutes, section 
404.34 	256.4772.
405.1 	(e) Grants to Expand Access to Child Care 
405.2 	for Children with Disabilities. $250,000 in 
405.3 	fiscal year 2022 and $250,000 in fiscal year 
405.4 	2023 are from the general fund for grants to 
405.5 	expand access to child care for children with 
405.6 	disabilities. Any unexpended amount in fiscal 
405.7 	year 2022 is available through June 30, 2023.
405.8 	This is a onetime appropriation.
405.9 	(f) Parenting with a Disability Pilot Project.
405.10 	The general fund base includes $1,000,000 in 
405.11 	fiscal year 2024 and $0 in fiscal year 2025 to 
405.12 	implement the parenting with a disability pilot 
405.13 	project.
405.14 	(g) Base Level Adjustment. The general fund 
405.15 	base is $29,260,000 in fiscal year 2024 and 
405.16 	$22,260,000 in fiscal year 2025.

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

405.18 	Sec. 6. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 31, 
405.19 	is amended to read:

405.20
405.21	Subd. 31.Grant Programs; Adult Mental Health 
Grants

405.22	Appropriations by Fund
	
405.23	General
	98,772,000
	98,703,000
	
405.24
405.25	Opiate Epidemic 
Response
	2,000,000
	2,000,000
	
405.26 	(a) Culturally and Linguistically 
405.27 	Appropriate Services Implementation 
405.28 	Grants. $2,275,000 in fiscal year 2022 and 
405.29 	$2,206,000 in fiscal year 2023 are from the 
405.30 	general fund for grants to disability services, 
405.31 	mental health, and substance use disorder 
405.32 	treatment providers to implement culturally 
405.33 	and linguistically appropriate services 
405.34 	standards, according to the implementation 
406.1 	and transition plan developed by the 
406.2 	commissioner. Any unexpended amount in 
406.3 	fiscal year 2022 is available through June 30, 
406.4 	2023. The general fund base for this 
406.5 	appropriation is $1,655,000 in fiscal year 2024 
406.6 	and $0 in fiscal year 2025.
406.7 	(b) Base Level Adjustment. The general fund 
406.8 	base is $93,295,000 in fiscal year 2024 and 
406.9 	$83,324,000 in fiscal year 2025. The opiate 
406.10 	epidemic response fund base is $2,000,000 in 
406.11 	fiscal year 2024 and $0 in fiscal year 2025.

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

406.13 	Sec. 7. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 32, 
406.14 	is amended to read:

406.15
406.16	Subd. 32.Grant Programs; Child Mental Health 
Grants
 		30,167,000
		30,182,000
	
406.17 	(a) Children's Residential Facilities.
406.18 	$1,964,000 in fiscal year 2022 and $1,979,000 
406.19 	in fiscal year 2023 are to reimburse counties 
406.20 	and Tribal governments for a portion of the 
406.21 	costs of treatment in children's residential 
406.22 	facilities. The commissioner shall distribute 
406.23 	the appropriation on an annual basis to 
406.24 	counties and Tribal governments 
406.25 	proportionally based on a methodology 
406.26 	developed by the commissioner. The fiscal 
406.27 	year 2022 appropriation is available until June 
406.28 	30, 2023.
406.29 	(b) Base Level Adjustment. The general fund 
406.30 	base is $29,580,000 in fiscal year 2024 and 
406.31 	$27,705,000 in fiscal year 2025.

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

407.1 	Sec. 8. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 33, 
407.2 	is amended to read:

407.3
407.4	Subd. 33.Grant Programs; Chemical 
Dependency Treatment Support Grants

407.5	Appropriations by Fund
	
407.6	General
	4,273,000
	4,274,000
	
407.7	Lottery Prize
	1,733,000
	1,733,000
	
407.8
407.9	Opiate Epidemic 
Response
	500,000
	500,000
	
407.10 	(a) Problem Gambling. $225,000 in fiscal 
407.11 	year 2022 and $225,000 in fiscal year 2023 
407.12 	are from the lottery prize fund for a grant to 
407.13 	the state affiliate recognized by the National 
407.14 	Council on Problem Gambling. The affiliate 
407.15 	must provide services to increase public 
407.16 	awareness of problem gambling, education, 
407.17 	training for individuals and organizations 
407.18 	providing effective treatment services to 
407.19 	problem gamblers and their families, and 
407.20 	research related to problem gambling.
407.21 	(b) Recovery Community Organization 
407.22 	Grants. $2,000,000 in fiscal year 2022 and 
407.23 	$2,000,000 in fiscal year 2023 are from the 
407.24 	general fund for grants to recovery community 
407.25 	organizations, as defined in Minnesota 
407.26 	Statutes, section 254B.01, subdivision 8, to 
407.27 	provide for costs and community-based peer 
407.28 	recovery support services that are not 
407.29 	otherwise eligible for reimbursement under 
407.30 	Minnesota Statutes, section 254B.05, as part 
407.31 	of the continuum of care for substance use 
407.32 	disorders. Any unexpended amount in fiscal 
407.33 	year 2022 is available through June 30, 2023.
407.34 	The general fund base for this appropriation 
407.35 	is $2,000,000 in fiscal year 2024 and $0 in 
407.36 	fiscal year 2025
408.1 	(c) Base Level Adjustment. The general fund 
408.2 	base is $4,636,000 in fiscal year 2024 and 
408.3 	$2,636,000 in fiscal year 2025. The opiate 
408.4 	epidemic response fund base is $500,000 in 
408.5 	fiscal year 2024 and $0 in fiscal year 2025.

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

408.7 	Sec. 9. Laws 2021, First Special Session chapter 7, article 17, section 3, is amended to 
408.8 	read:
408.9 	Sec. 3. GRANTS FOR TECHNOLOGY FOR HCBS RECIPIENTS.
 408.10 	(a) This act includes $500,000 in fiscal year 2022 and $2,000,000 in fiscal year 2023 
408.11 	for the commissioner of human services to issue competitive grants to home and 
408.12 	community-based service providers. Grants must be used to provide technology assistance, 
408.13 	including but not limited to Internet services, to older adults and people with disabilities 
408.14 	who do not have access to technology resources necessary to use remote service delivery 
408.15 	and telehealth. Any unexpended amount in fiscal year 2022 is available through June 30, 
408.16 	2023. The general fund base included in this act for this purpose is $1,500,000 in fiscal year 
408.17 	2024 and $0 in fiscal year 2025.
408.18 	(b) All grant activities must be completed by March 31, 2024.
408.19 	(c) This section expires June 30, 2024.

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

408.21 	Sec. 10. Laws 2021, First Special Session chapter 7, article 17, section 6, is amended to 
408.22 	read:
408.23 	Sec. 6. TRANSITION TO COMMUNITY INITIATIVE.
 408.24 	(a) This act includes $5,500,000 in fiscal year 2022 and $5,500,000 in fiscal year 2023 
408.25 	for additional funding for grants awarded under the transition to community initiative 
408.26 	described in Minnesota Statutes, section 256.478. Any unexpended amount in fiscal year 
408.27 	2022 is available through June 30, 2023. The general fund base in this act for this purpose 
408.28 	is $4,125,000 in fiscal year 2024 and $0 in fiscal year 2025.
408.29 	(b) All grant activities must be completed by March 31, 2024.
408.30 	(c) This section expires June 30, 2024.

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

409.2 	Sec. 11. Laws 2021, First Special Session chapter 7, article 17, section 10, is amended to 
409.3 	read:
409.4 	Sec. 10. PROVIDER CAPACITY GRANTS FOR RURAL AND UNDERSERVED 
409.5 	COMMUNITIES.
 409.6 	(a) This act includes $6,000,000 in fiscal year 2022 and $8,000,000 in fiscal year 2023 
409.7 	for the commissioner to establish a grant program for small provider organizations that 
409.8 	provide services to rural or underserved communities with limited home and 
409.9 	community-based services provider capacity. The grants are available to build organizational 
409.10 	capacity to provide home and community-based services in Minnesota and to build new or 
409.11 	expanded infrastructure to access medical assistance reimbursement. Any unexpended 
409.12 	amount in fiscal year 2022 is available through June 30, 2023. The general fund base in this 
409.13 	act for this purpose is $8,000,000 in fiscal year 2024 and $0 in fiscal year 2025.
409.14 	(b) The commissioner shall conduct community engagement, provide technical assistance, 
409.15 	and establish a collaborative learning community related to the grants available under this 
409.16 	section and work with the commissioner of management and budget and the commissioner 
409.17 	of the Department of Administration to mitigate barriers in accessing grant funds. Funding 
409.18 	awarded for the community engagement activities described in this paragraph is exempt 
409.19 	from state solicitation requirements under Minnesota Statutes, section 16B.97, for activities 
409.20 	that occur in fiscal year 2022.
409.21 	(c) All grant activities must be completed by March 31, 2024.
409.22 	(d) This section expires June 30, 2024.

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

409.24 	Sec. 12. Laws 2021, First Special Session chapter 7, article 17, section 11, is amended to 
409.25 	read:
409.26 	Sec. 11. EXPAND MOBILE CRISIS.
 409.27 	(a) This act includes $8,000,000 in fiscal year 2022 and $8,000,000 in fiscal year 2023 
409.28 	for additional funding for grants for adult mobile crisis services under Minnesota Statutes, 
409.29 	section 245.4661, subdivision 9, paragraph (b), clause (15). Any unexpended amounts in 
409.30 	fiscal year 2022 and fiscal year 2023 are available through June 30, 2024. The general fund 
409.31 	base in this act for this purpose is $4,000,000 in fiscal year 2024 and $0 in fiscal year 2025.
410.1 	(b) Beginning April 1, 2024, counties may fund and continue conducting activities 
410.2 	funded under this section.
410.3 	(c) All grant activities must be completed by March 31, 2024.
410.4 	(d) This section expires June 30, 2024.

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

410.6 	Sec. 13. Laws 2021, First Special Session chapter 7, article 17, section 12, is amended to 
410.7 	read:
410.8 	Sec. 12. PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY AND CHILD 
410.9 	AND ADOLESCENT MOBILE TRANSITION UNIT.
 410.10 	(a) This act includes $2,500,000 in fiscal year 2022 and $2,500,000 in fiscal year 2023 
410.11 	for the commissioner of human services to create children's mental health transition and 
410.12 	support teams to facilitate transition back to the community of children from psychiatric 
410.13 	residential treatment facilities, and child and adolescent behavioral health hospitals. Any 
410.14 	unexpended amount in fiscal year 2022 is available through June 30, 2023. The general 
410.15 	fund base included in this act for this purpose is $1,875,000 in fiscal year 2024 and $0 in 
410.16 	fiscal year 2025.
410.17 	(b) Beginning April 1, 2024, counties may fund and continue conducting activities 
410.18 	funded under this section.
410.19 	(c) This section expires March 31, 2024.

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

410.21 	Sec. 14. Laws 2021, First Special Session chapter 7, article 17, section 17, subdivision 3, 
410.22 	is amended to read:
410.23 		Subd. 3.Respite services for older adults grants. (a) This act includes $2,000,000 in 
410.24 	fiscal year 2022 and $2,000,000 in fiscal year 2023 for the commissioner of human services 
410.25 	to establish a grant program for respite services for older adults. The commissioner must 
410.26 	award grants on a competitive basis to respite service providers. Any unexpended amount 
410.27 	in fiscal year 2022 is available through June 30, 2023. The general fund base included in 
410.28 	this act for this purpose is $2,000,000 in fiscal year 2024 and $0 in fiscal year 2025.
410.29 	(b) All grant activities must be completed by March 31, 2024.
410.30 	(c) This subdivision expires June 30, 2024.

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

411.2 	Sec. 15. Laws 2021, First Special Session chapter 7, article 17, section 19, is amended to 
411.3 	read:
411.4 	Sec. 19. CENTERS FOR INDEPENDENT LIVING HCBS ACCESS GRANT.
 411.5 	(a) This act includes $1,200,000 in fiscal year 2022 and $1,200,000 in fiscal year 2023 
411.6 	for grants to expand services to support people with disabilities from underserved 
411.7 	communities who are ineligible for medical assistance to live in their own homes and 
411.8 	communities by providing accessibility modifications, independent living services, and 
411.9 	public health program facilitation. The commissioner of human services must award the 
411.10 	grants in equal amounts to the eight organizations grantees. To be eligible, a grantee must 
411.11 	be an organization defined in Minnesota Statutes, section 268A.01, subdivision 8. Any 
411.12 	unexpended amount in fiscal year 2022 is available through June 30, 2023. The general 
411.13 	fund base included in this act for this purpose is $0 in fiscal year 2024 and $0 in fiscal year 
411.14 	2025.
411.15 	(b) All grant activities must be completed by March 31, 2024.
411.16 	(c) This section expires June 30, 2024.

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

411.18 	ARTICLE 16
411.19 	LONG-TERM CARE CONSULTATION SERVICES RECODIFICATION

411.20 	Section 1. Minnesota Statutes 2020, section 256B.0911, subdivision 1, is amended to read:
411.21 		Subdivision 1.Purpose and goal. (a) The purpose of long-term care consultation services 
411.22 	is to assist persons with long-term or chronic care needs in making care decisions and 
411.23 	selecting support and service options that meet their needs and reflect their preferences. 
411.24 	The availability of, and access to, information and other types of assistance, including 
411.25 	long-term care consultation assessment and community support planning, is also intended 
411.26 	to prevent or delay institutional placements and to provide access to transition assistance 
411.27 	after placement. Further, the goal of long-term care consultation services is to contain costs 
411.28 	associated with unnecessary institutional admissions. Long-term care consultation services 
411.29 	must be available to any person regardless of public program eligibility.
411.30 	(b) The commissioner of human services shall seek to maximize use of available federal 
411.31 	and state funds and establish the broadest program possible within the funding available.
412.1 	(c) Long-term care consultation services must be coordinated with long-term care options 
412.2 	counseling provided under subdivision 4d, section 256.975, subdivisions 7 to 7c, and section 
412.3 	256.01, subdivision 24, long-term care options counseling for assisted living, the Disability 
412.4 	Hub, and preadmission screening.
412.5 	(d) The A lead agency providing long-term care consultation services shall encourage 
412.6 	the use of volunteers from families, religious organizations, social clubs, and similar civic 
412.7 	and service organizations to provide community-based services.

412.8 	Sec. 2. Minnesota Statutes 2020, section 256B.0911, subdivision 3c, is amended to read:
412.9 		Subd. 3c.Consultation Long-term care options counseling for housing with services
412.10 	assisted living. (a) The purpose of long-term care consultation for registered housing with 
412.11 	services options counseling for assisted living is to support persons with current or anticipated 
412.12 	long-term care needs in making informed choices among options that include the most 
412.13 	cost-effective and least restrictive settings. Prospective residents maintain the right to choose 
412.14 	housing with services or assisted living if that option is their preference.
412.15 	(b) Registered housing with services establishments Licensed assisted living facilities
412.16 	shall inform each prospective resident or the prospective resident's designated or legal 
412.17 	representative of the availability of long-term care consultation options counseling for 
412.18 	assisted living and the need to receive and verify the consultation counseling prior to signing 
412.19 	a lease or contract. Long-term care consultation for registered housing with services options 
412.20 	counseling for assisted living is provided as determined by the commissioner of human 
412.21 	services. The service is delivered under a partnership between lead agencies as defined in 
412.22 	subdivision 1a 10, paragraph (d) (g), and the Area Agencies on Aging, and is a point of 
412.23 	entry to a combination of telephone-based long-term care options counseling provided by 
412.24 	Senior LinkAge Line and in-person long-term care consultation provided by lead agencies. 
412.25 	The point of entry service must be provided within five working days of the request of the 
412.26 	prospective resident as follows:
412.27 	(1) the consultation counseling shall be conducted with the prospective resident, or in 
412.28 	the alternative, the resident's designated or legal representative, if:
412.29 	(i) the resident verbally requests; or
412.30 	(ii) the registered housing with services provider assisted living facility has documentation 
412.31 	of the designated or legal representative's authority to enter into a lease or contract on behalf 
412.32 	of the prospective resident and accepts the documentation in good faith;
413.1 	(2) the consultation counseling shall be performed in a manner that provides objective 
413.2 	and complete information;
413.3 	(3) the consultation counseling must include a review of the prospective resident's reasons 
413.4 	for considering housing with services assisted living services, the prospective resident's 
413.5 	personal goals, a discussion of the prospective resident's immediate and projected long-term 
413.6 	care needs, and alternative community services or housing with services settings that may 
413.7 	meet the prospective resident's needs;
413.8 	(4) the prospective resident shall must be informed of the availability of a face-to-face
413.9 	an in-person visit from a long-term care consultation team member at no charge to the 
413.10 	prospective resident to assist the prospective resident in assessment and planning to meet 
413.11 	the prospective resident's long-term care needs; and
413.12 	(5) verification of counseling shall be generated and provided to the prospective resident 
413.13 	by Senior LinkAge Line upon completion of the telephone-based counseling.
413.14 	(c) Housing with services establishments registered under chapter 144D An assisted 
413.15 	living facility licensed under chapter 144G shall:
413.16 	(1) inform each prospective resident or the prospective resident's designated or legal 
413.17 	representative of the availability of and contact information for consultation options 
413.18 	counseling services under this subdivision;
413.19 	(2) receive a copy of the verification of counseling prior to executing a lease or service
413.20 	contract with the prospective resident, and prior to executing a service contract with 
413.21 	individuals who have previously entered into lease-only arrangements; and
413.22 	(3) retain a copy of the verification of counseling as part of the resident's file.
413.23 	(d) Emergency admissions to registered housing with services establishments licensed 
413.24 	assisted living facilities prior to consultation under paragraph (b) are permitted according 
413.25 	to policies established by the commissioner.

413.26 	Sec. 3. Minnesota Statutes 2020, section 256B.0911, subdivision 3d, is amended to read:
413.27 		Subd. 3d.Exemptions from long-term care options counseling for assisted 
413.28 	living. Individuals shall be exempt from the requirements outlined in subdivision 3c 7e in 
413.29 	the following circumstances:
413.30 	(1) the individual is seeking a lease-only arrangement in a subsidized housing setting;
414.1 	(2) the individual has previously received a long-term care consultation assessment 
414.2 	under this section 256B.0911. In this instance, the assessor who completes the long-term 
414.3 	care consultation assessment will issue a verification code and provide it to the individual;
414.4 	(3) the individual is receiving or is being evaluated for hospice services from a hospice 
414.5 	provider licensed under sections 144A.75 to 144A.755; or
414.6 	(4) the individual has used financial planning services and created a long-term care plan 
414.7 	as defined by the commissioner in the 12 months prior to signing a lease or contract with a 
414.8 	registered housing with services establishment licensed assisted living facility.

414.9 	Sec. 4. Minnesota Statutes 2020, section 256B.0911, subdivision 3e, is amended to read:
414.10 		Subd. 3e.Consultation Long-term care options counseling at hospital discharge. (a) 
414.11 	Hospitals shall refer all individuals described in paragraph (b) prior to discharge from an 
414.12 	inpatient hospital stay to the Senior LinkAge Line for long-term care options counseling. 
414.13 	Hospitals shall make these referrals using referral protocols and processes developed under 
414.14 	section 256.975, subdivision 7. The purpose of the counseling is to support persons with 
414.15 	current or anticipated long-term care needs in making informed choices among options that 
414.16 	include the most cost-effective and least restrictive setting.
414.17 	(b) The individuals who shall be referred under paragraph (a) include older adults who 
414.18 	are at risk of nursing home placement. Protocols for identifying at-risk individuals shall be 
414.19 	developed under section 256.975, subdivision 7, paragraph (b), clause (12).
414.20 	(c) Counseling provided under this subdivision shall meet the requirements for the 
414.21 	consultation required under subdivision 3c 7e.

414.22 	Sec. 5. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
414.23 	to read:
414.24 		Subd. 10.Definitions. (a) For purposes of this section, the following definitions apply.
414.25 	(b) "Available service and setting options" or "available options," with respect to the 
414.26 	home and community-based waivers under chapter 256S and sections 256B.092 and 256B.49, 
414.27 	means all services and settings defined under the waiver plan for which a waiver applicant 
414.28 	or waiver participant is eligible.
414.29 	(c) "Competitive employment" means work in the competitive labor market that is 
414.30 	performed on a full-time or part-time basis in an integrated setting, and for which an 
414.31 	individual is compensated at or above the minimum wage, but not less than the customary 
415.1 	wage and level of benefits paid by the employer for the same or similar work performed by 
415.2 	individuals without disabilities.
415.3 	(d) "Cost-effective" means community services and living arrangements that cost the 
415.4 	same as or less than institutional care. For an individual found to meet eligibility criteria 
415.5 	for home and community-based service programs under chapter 256S or section 256B.49, 
415.6 	"cost-effectiveness" has the meaning found in the federally approved waiver plan for each 
415.7 	program.
415.8 	(e) "Independent living" means living in a setting that is not controlled by a provider.
415.9 	(f) "Informed choice" has the meaning given in section 256B.4905, subdivision 1a.
415.10 	(g) "Lead agency" means a county administering or a Tribe or health plan under contract 
415.11 	with the commissioner to administer long-term care consultation services.
415.12 	(h) "Long-term care consultation services" means the activities described in subdivision 
415.13 	11.
415.14 	(i) "Long-term care options counseling" means the services provided by sections 256.01, 
415.15 	subdivision 24, and 256.975, subdivision 7, and also includes telephone assistance and 
415.16 	follow-up after a long-term care consultation assessment has been completed.
415.17 	(j) "Long-term care options counseling for assisted living" means the services provided 
415.18 	under section 256.975, subdivisions 7e to 7g.
415.19 	(k) "Minnesota health care programs" means the medical assistance program under this 
415.20 	chapter and the alternative care program under section 256B.0913.
415.21 	(l) "Person-centered planning" is a process that includes the active participation of a 
415.22 	person in the planning of the person's services, including in making meaningful and informed 
415.23 	choices about the person's own goals, talents, and objectives, as well as making meaningful 
415.24 	and informed choices about the services the person receives, the settings in which the person 
415.25 	receives the services, and the setting in which the person lives.
415.26 	(m) "Preadmission screening" means the services provided under section 256.975, 
415.27 	subdivisions 7a to 7c.

415.28 	Sec. 6. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
415.29 	to read:
415.30 		Subd. 11.Long-term care consultation services. The following activities are included 
415.31 	in long-term care consultation services:
416.1 	(1) intake for and access to assistance in identifying services needed to maintain an 
416.2 	individual in the most inclusive environment;
416.3 	(2) transfer or referral to long-term care options counseling services for telephone 
416.4 	assistance and follow-up after a person requests assistance in identifying community supports 
416.5 	without participating in a complete long-term care consultation assessment;
416.6 	(3) long-term care consultation assessments conducted according to subdivisions 17 to 
416.7 	21, 23, or 24, which may be completed in a hospital, nursing facility, intermediate care 
416.8 	facility for persons with developmental disabilities (ICF/DDs), regional treatment center, 
416.9 	or the person's current or planned residence;
416.10 	(4) providing recommendations for and referrals to cost-effective community services 
416.11 	that are available to the individual;
416.12 	(5) providing recommendations for institutional placement when there are no 
416.13 	cost-effective community services available;
416.14 	(6) providing information regarding eligibility for Minnesota health care programs;
416.15 	(7) determining service eligibility for the following state plan services:
416.16 	(i) personal care assistance services under section 256B.0625, subdivisions 19a and 19c;
416.17 	(ii) consumer support grants under section 256.476; or
416.18 	(iii) community first services and supports under section 256B.85;
416.19 	(8) notwithstanding provisions in Minnesota Rules, parts 9525.0004 to 9525.0024, 
416.20 	gaining access to the following services, including obtaining necessary diagnostic information 
416.21 	to determine eligibility:
416.22 	(i) relocation targeted case management services available under section 256B.0621, 
416.23 	subdivision 2, clause (4);
416.24 	(ii) case management services targeted to vulnerable adults or people with developmental 
416.25 	disabilities under section 256B.0924; and
416.26 	(iii) case management services targeted to people with developmental disabilities under 
416.27 	Minnesota Rules, part 9525.0016;
416.28 	(9) determining eligibility for semi-independent living services under section 252.275, 
416.29 	including obtaining necessary diagnostic information;
416.30 	(10) determining home and community-based waiver and other service eligibility as 
416.31 	required under chapter 256S and sections 256B.0913, 256B.092, and 256B.49, including:
417.1 	(i) level of care determination for individuals who need an institutional level of care as 
417.2 	determined under subdivision 26;
417.3 	(ii) appropriate referrals to obtain necessary diagnostic information; and
417.4 	(iii) an eligibility determination for consumer-directed community supports;
417.5 	(11) providing information about competitive employment, with or without supports, 
417.6 	for school-age youth and working-age adults and referrals to the Disability Hub and Disability 
417.7 	Benefits 101 to ensure that an informed choice about competitive employment can be made;
417.8 	(12) providing information about independent living to ensure that an informed choice 
417.9 	about independent living can be made;
417.10 	(13) providing information about self-directed services and supports, including 
417.11 	self-directed funding options, to ensure that an informed choice about self-directed options 
417.12 	can be made;
417.13 	(14) developing an individual's person-centered assessment summary; and
417.14 	(15) providing access to assistance to transition people back to community settings after 
417.15 	institutional admission.

417.16 	Sec. 7. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
417.17 	to read:
417.18 		Subd. 12.Exception to use of MnCHOICES assessment; contracted assessors. (a) 
417.19 	A lead agency that has not implemented MnCHOICES assessments and uses contracted 
417.20 	assessors as of January 1, 2022, is not subject to the requirements of subdivisions 11, clauses 
417.21 	(7) to (9); 13; 14, paragraphs (a) to (c); 16 to 21; 23; 24; and 29 to 31.
417.22 	(b) This subdivision expires upon statewide implementation of MnCHOICES assessments. 
417.23 	The commissioner shall notify the revisor of statutes when statewide implementation has 
417.24 	occurred.

417.25 	Sec. 8. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
417.26 	to read:
417.27 		Subd. 13.MnCHOICES assessor qualifications, training, and certification. (a) The 
417.28 	commissioner shall develop and implement a curriculum and an assessor certification 
417.29 	process.
417.30 	(b) MnCHOICES certified assessors must:
418.1 	(1) either have a bachelor's degree in social work, nursing with a public health nursing 
418.2 	certificate, or other closely related field with at least one year of home and community-based 
418.3 	experience or be a registered nurse with at least two years of home and community-based 
418.4 	experience; and
418.5 	(2) have received training and certification specific to assessment and consultation for 
418.6 	long-term care services in the state.
418.7 	(c) Certified assessors shall demonstrate best practices in assessment and support 
418.8 	planning, including person-centered planning principles, and have a common set of skills 
418.9 	that ensures consistency and equitable access to services statewide.
418.10 	(d) Certified assessors must be recertified every three years.

418.11 	Sec. 9. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
418.12 	to read:
418.13 		Subd. 14.Use of MnCHOICES certified assessors required. (a) Each lead agency 
418.14 	shall use MnCHOICES certified assessors who have completed MnCHOICES training and 
418.15 	the certification process determined by the commissioner in subdivision 13.
418.16 	(b) Each lead agency must ensure that the lead agency has sufficient numbers of certified 
418.17 	assessors to provide long-term consultation assessment and support planning within the 
418.18 	timelines and parameters of the service.
418.19 	(c) A lead agency may choose, according to departmental policies, to contract with a 
418.20 	qualified, certified assessor to conduct assessments and reassessments on behalf of the lead 
418.21 	agency.
418.22 	(d) Tribes and health plans under contract with the commissioner must provide long-term 
418.23 	care consultation services as specified in the contract.
418.24 	(e) A lead agency must provide the commissioner with an administrative contact for 
418.25 	communication purposes.

418.26 	Sec. 10. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
418.27 	to read:
418.28 		Subd. 15.Long-term care consultation team. (a) Each county board of commissioners 
418.29 	shall establish a long-term care consultation team. Two or more counties may collaborate 
418.30 	to establish a joint local long-term care consultation team or teams.
419.1 	(b) Each lead agency shall establish and maintain a team of certified assessors qualified 
419.2 	under subdivision 13. Each team member is responsible for providing consultation with 
419.3 	other team members upon request. The team is responsible for providing long-term care 
419.4 	consultation services to all persons located in the county who request the services, regardless 
419.5 	of eligibility for Minnesota health care programs. The team of certified assessors must 
419.6 	include, at a minimum:
419.7 	(1) a social worker; and
419.8 	(2) a public health nurse or registered nurse.
419.9 	(c) The commissioner shall allow arrangements and make recommendations that 
419.10 	encourage counties and Tribes to collaborate to establish joint local long-term care 
419.11 	consultation teams to ensure that long-term care consultations are done within the timelines 
419.12 	and parameters of the service. This includes coordinated service models as required in 
419.13 	subdivision 1, paragraph (c).

419.14 	Sec. 11. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
419.15 	to read:
419.16 		Subd. 16.MnCHOICES certified assessors; responsibilities. (a) Certified assessors 
419.17 	must use person-centered planning principles to conduct an interview that identifies what 
419.18 	is important to the person; the person's needs for supports and health and safety concerns; 
419.19 	and the person's abilities, interests, and goals.
419.20 	(b) Certified assessors are responsible for:
419.21 	(1) ensuring persons are offered objective, unbiased access to resources;
419.22 	(2) ensuring persons have the needed information to support informed choice, including 
419.23 	where and how they choose to live and the opportunity to pursue desired employment;
419.24 	(3) determining level of care and eligibility for long-term services and supports;
419.25 	(4) using the information gathered from the interview to develop a person-centered 
419.26 	assessment summary that reflects identified needs and support options within the context 
419.27 	of values, interests, and goals important to the person; and
419.28 	(5) providing the person with an assessment summary of findings, support options, and 
419.29 	agreed-upon next steps.

420.1 	Sec. 12. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
420.2 	to read:
420.3 		Subd. 17.MnCHOICES assessments. (a) A person requesting long-term care 
420.4 	consultation services must be visited by a long-term care consultation team within 20 
420.5 	calendar days after the date on which an assessment was requested or recommended. 
420.6 	Assessments must be conducted according to this subdivision and subdivisions 19 to 21, 
420.7 	23, 24, and 29 to 31.
420.8 	(b) Lead agencies shall use certified assessors to conduct the assessment.
420.9 	(c) For a person with complex health care needs, a public health or registered nurse from 
420.10 	the team must be consulted.
420.11 	(d) The lead agency must use the MnCHOICES assessment provided by the commissioner 
420.12 	to complete a comprehensive, conversation-based, person-centered assessment. The 
420.13 	assessment must include the health, psychological, functional, environmental, and social 
420.14 	needs of the individual necessary to develop a person-centered assessment summary that 
420.15 	meets the individual's needs and preferences.
420.16 	(e) Except as provided in subdivision 24, an assessment must be conducted by a certified 
420.17 	assessor in an in-person conversational interview with the person being assessed.

420.18 	Sec. 13. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
420.19 	to read:
420.20 		Subd. 18.Exception to use of MnCHOICES assessments; long-term care consultation 
420.21 	team visit; notice. (a) Until statewide implementation of MnCHOICES assessments, the 
420.22 	requirement under subdivision 17, paragraph (a), does not apply to an assessment of a person 
420.23 	requesting personal care assistance services. The commissioner shall provide at least a 
420.24 	90-day notice to lead agencies prior to the effective date of statewide implementation.
420.25 	(b) This subdivision expires upon statewide implementation of MnCHOICES assessments. 
420.26 	The commissioner shall notify the revisor of statutes when statewide implementation has 
420.27 	occurred.

420.28 	Sec. 14. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
420.29 	to read:
420.30 		Subd. 19.MnCHOICES assessments; third-party participation. (a) The person's 
420.31 	legal representative, if any, must provide input during the assessment process and may do 
420.32 	so remotely if requested.
421.1 	(b) At the request of the person, other individuals may participate in the assessment to 
421.2 	provide information on the needs, strengths, and preferences of the person necessary to 
421.3 	complete the assessment and assessment summary. Except for legal representatives or family 
421.4 	members invited by the person, a person participating in the assessment may not be a provider 
421.5 	of service or have any financial interest in the provision of services.
421.6 	(c) For a person assessed for elderly waiver customized living or adult day services 
421.7 	under chapter 256S, with the permission of the person being assessed or the person's 
421.8 	designated or legal representative, the client's current or proposed provider of services may 
421.9 	submit a copy of the provider's nursing assessment or written report outlining its 
421.10 	recommendations regarding the client's care needs. The person conducting the assessment 
421.11 	must notify the provider of the date by which to submit this information. This information 
421.12 	must be provided to the person conducting the assessment prior to the assessment.
421.13 	(d) For a person assessed for waiver services under section 256B.092 or 256B.49, with 
421.14 	the permission of the person being assessed or the person's designated legal representative, 
421.15 	the person's current provider of services may submit a written report outlining 
421.16 	recommendations regarding the person's care needs that the person completed in consultation 
421.17 	with someone who is known to the person and who has interaction with the person on a 
421.18 	regular basis. The provider must submit the report at least 60 days before the end of the 
421.19 	person's current service agreement. The certified assessor must consider the content of the 
421.20 	submitted report prior to finalizing the person's assessment or reassessment.

421.21 	Sec. 15. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
421.22 	to read:
421.23 		Subd. 20.MnCHOICES assessments; duration of validity. (a) An assessment that is 
421.24 	completed as part of an eligibility determination for multiple programs for the alternative 
421.25 	care, elderly waiver, developmental disabilities, community access for disability inclusion, 
421.26 	community alternative care, and brain injury waiver programs under chapter 256S and 
421.27 	sections 256B.0913, 256B.092, and 256B.49 is valid to establish service eligibility for no 
421.28 	more than 60 calendar days after the date of the assessment.
421.29 	(b) The effective eligibility start date for programs in paragraph (a) can never be prior 
421.30 	to the date of assessment. If an assessment was completed more than 60 days before the 
421.31 	effective waiver or alternative care program eligibility start date, assessment and support 
421.32 	plan information must be updated and documented in the department's Medicaid Management 
421.33 	Information System (MMIS). Notwithstanding retroactive medical assistance coverage of 
422.1 	state plan services, the effective date of eligibility for programs included in paragraph (a) 
422.2 	cannot be prior to the completion date of the most recent updated assessment.
422.3 	(c) If an eligibility update is completed within 90 days of the previous assessment and 
422.4 	documented in the department's Medicaid Management Information System (MMIS), the 
422.5 	effective date of eligibility for programs included in paragraph (a) is the date of the previous 
422.6 	in-person assessment when all other eligibility requirements are met.

422.7 	Sec. 16. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
422.8 	to read:
422.9 		Subd. 21.MnCHOICES assessments; exceptions following institutional stay. (a) A 
422.10 	person receiving home and community-based waiver services under section 256B.0913, 
422.11 	256B.092, or 256B.49 or chapter 256S may return to a community with home and 
422.12 	community-based waiver services under the same waiver without being assessed or reassessed 
422.13 	under this section if the person temporarily entered one of the following for 121 or fewer 
422.14 	days:
422.15 	(1) a hospital;
422.16 	(2) an institution of mental disease;
422.17 	(3) a nursing facility;
422.18 	(4) an intensive residential treatment services program;
422.19 	(5) a transitional care unit; or
422.20 	(6) an inpatient substance use disorder treatment setting.
422.21 	(b) Nothing in paragraph (a) changes annual long-term care consultation reassessment 
422.22 	requirements, payment for institutional or treatment services, medical assistance financial 
422.23 	eligibility, or any other law.

422.24 	Sec. 17. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
422.25 	to read:
422.26 		Subd. 22.MnCHOICES reassessments. (a) Prior to a reassessment, the certified assessor 
422.27 	must review the person's most recent assessment.
422.28 	(b) Reassessments must:
422.29 	(1) be tailored using the professional judgment of the assessor to the person's known 
422.30 	needs, strengths, preferences, and circumstances;
423.1 	(2) provide information to support the person's informed choice and opportunities to 
423.2 	express choice regarding activities that contribute to quality of life, as well as information 
423.3 	and opportunity to identify goals related to desired employment, community activities, and 
423.4 	preferred living environment;
423.5 	(3) provide a review of the most recent assessment, the current support plan's effectiveness 
423.6 	and monitoring of services, and the development of an updated person-centered assessment 
423.7 	summary;
423.8 	(4) verify continued eligibility, offer alternatives as warranted, and provide an opportunity 
423.9 	for quality assurance of service delivery; and
423.10 	(5) be conducted annually or as required by federal and state laws.
423.11 	(c) The certified assessor and the individual responsible for developing the support plan 
423.12 	must ensure the continuity of care for the person receiving services and complete the updated 
423.13 	assessment summary and the updated support plan no more than 60 days after the 
423.14 	reassessment visit.
423.15 	(d) The commissioner shall develop mechanisms for providers and case managers to 
423.16 	share information with the assessor to facilitate a reassessment and support planning process 
423.17 	tailored to the person's current needs and preferences.

423.18 	Sec. 18. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
423.19 	to read:
423.20 		Subd. 23.MnCHOICES reassessments; option for alternative and self-directed 
423.21 	waiver services. (a) At the time of reassessment, the certified assessor shall assess a person 
423.22 	receiving waiver residential supports and services and currently residing in a setting listed 
423.23 	in clauses (1) to (5) to determine if the person would prefer to be served in a 
423.24 	community-living setting as defined in section 256B.49, subdivision 23, or in a setting not 
423.25 	controlled by a provider, or to receive integrated community supports as described in section 
423.26 	245D.03, subdivision 1, paragraph (c), clause (8). The certified assessor shall offer the 
423.27 	person through a person-centered planning process the option to receive alternative housing 
423.28 	and service options. This paragraph applies to those currently residing in a:
423.29 	(1) community residential setting;
423.30 	(2) licensed adult foster care home that is either not the primary residence of the license 
423.31 	holder or in which the license holder is not the primary caregiver;
423.32 	(3) family adult foster care residence;
424.1 	(4) customized living setting; or
424.2 	(5) supervised living facility.
424.3 	(b) At the time of reassessment, the certified assessor shall assess each person receiving 
424.4 	waiver day services to determine if that person would prefer to receive employment services 
424.5 	as described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). The certified 
424.6 	assessor shall describe to the person through a person-centered planning process the option 
424.7 	to receive employment services.
424.8 	(c) At the time of reassessment, the certified assessor shall assess each person receiving 
424.9 	non-self-directed waiver services to determine if that person would prefer an available 
424.10 	service and setting option that would permit self-directed services and supports. The certified 
424.11 	assessor shall describe to the person through a person-centered planning process the option 
424.12 	to receive self-directed services and supports.

424.13 	Sec. 19. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
424.14 	to read:
424.15 		Subd. 24.Remote reassessments. (a) Assessments performed according to subdivisions 
424.16 	17 to 20 and 23 must be in person unless the assessment is a reassessment meeting the 
424.17 	requirements of this subdivision. Remote reassessments conducted by interactive video or 
424.18 	telephone may substitute for in-person reassessments.
424.19 	(b) For services provided by the developmental disabilities waiver under section 
424.20 	256B.092, and the community access for disability inclusion, community alternative care, 
424.21 	and brain injury waiver programs under section 256B.49, remote reassessments may be 
424.22 	substituted for two consecutive reassessments if followed by an in-person reassessment.
424.23 	(c) For services provided by alternative care under section 256B.0913, essential 
424.24 	community supports under section 256B.0922, and the elderly waiver under chapter 256S, 
424.25 	remote reassessments may be substituted for one reassessment if followed by an in-person 
424.26 	reassessment.
424.27 	(d) A remote reassessment is permitted only if the person being reassessed, or the person's 
424.28 	legal representative, and the lead agency case manager both agree that there is no change 
424.29 	in the person's condition, there is no need for a change in service, and that a remote 
424.30 	reassessment is appropriate.
424.31 	(e) The person being reassessed, or the person's legal representative, may refuse a remote 
424.32 	reassessment at any time.
425.1 	(f) During a remote reassessment, if the certified assessor determines an in-person 
425.2 	reassessment is necessary in order to complete the assessment, the lead agency shall schedule 
425.3 	an in-person reassessment.
425.4 	(g) All other requirements of an in-person reassessment apply to a remote reassessment, 
425.5 	including updates to a person's support plan.

425.6 	Sec. 20. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
425.7 	to read:
425.8 		Subd. 25.Reassessments for Rule 185 case management. Unless otherwise required 
425.9 	by federal law, the county agency is not required to conduct or arrange for an annual needs 
425.10 	reassessment by a certified assessor for people receiving Rule 185 case management under 
425.11 	Minnesota Rules, part 9525.0016. The case manager who works on behalf of the person to 
425.12 	identify the person's needs and to minimize the impact of the disability on the person's life 
425.13 	must instead develop a person-centered service plan based on the person's assessed needs 
425.14 	and preferences. The person-centered service plan must be reviewed annually for persons 
425.15 	with developmental disabilities who are receiving only case management services under 
425.16 	Minnesota Rules, part 9525.0016, and who make an informed choice to decline an assessment 
425.17 	under this section.

425.18 	Sec. 21. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
425.19 	to read:
425.20 		Subd. 26.Determination of institutional level of care. (a) The determination of need 
425.21 	for hospital and intermediate care facility levels of care must be made according to criteria 
425.22 	developed by the commissioner, and in section 256B.092, using forms developed by the 
425.23 	commissioner.
425.24 	(b) The determination of need for nursing facility level of care must be made based on 
425.25 	criteria in section 144.0724, subdivision 11.

425.26 	Sec. 22. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
425.27 	to read:
425.28 		Subd. 27.Transition assistance. (a) Lead agency certified assessors shall provide 
425.29 	transition assistance to persons residing in a nursing facility, hospital, regional treatment 
425.30 	center, or intermediate care facility for persons with developmental disabilities who request 
425.31 	or are referred for assistance.
425.32 	(b) Transition assistance must include:
426.1 	(1) assessment;
426.2 	(2) referrals to long-term care options counseling under section 256.975, subdivision 7, 
426.3 	for support plan implementation and to Minnesota health care programs, including home 
426.4 	and community-based waiver services and consumer-directed options through the waivers; 
426.5 	and
426.6 	(3) referrals to programs that provide assistance with housing.
426.7 	(c) Transition assistance must also include information about the Centers for Independent 
426.8 	Living, Disability Hub, and other organizations that can provide assistance with relocation 
426.9 	efforts and information about contacting these organizations to obtain their assistance and 
426.10 	support.
426.11 	(d) The lead agency shall ensure that:
426.12 	(1) referrals for in-person assessments are taken from long-term care options counselors 
426.13 	as provided for in section 256.975, subdivision 7, paragraph (b), clause (11);
426.14 	(2) persons assessed in institutions receive information about available transition 
426.15 	assistance;
426.16 	(3) the assessment is completed for persons within 20 calendar days of the date of request 
426.17 	or recommendation for assessment;
426.18 	(4) there is a plan for transition and follow-up for the individual's return to the community, 
426.19 	including notification of other local agencies when a person may require assistance from 
426.20 	agencies located in another county; and
426.21 	(5) relocation targeted case management as defined in section 256B.0621, subdivision 
426.22 	2, clause (4), is authorized for an eligible medical assistance recipient.

426.23 	Sec. 23. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
426.24 	to read:
426.25 		Subd. 28.Transition assistance; nursing home residents under 65 years of age. (a) 
426.26 	Upon referral from the Senior LinkAge Line, individuals under 65 years of age who are 
426.27 	admitted to nursing facilities on an emergency basis with only a telephone screening must 
426.28 	receive an in-person assessment from the long-term care consultation team member of the 
426.29 	county in which the facility is located within the timeline established by the commissioner 
426.30 	based on review of data.
426.31 	(b) At the in-person assessment, the long-term care consultation team member or county 
426.32 	case manager must:
427.1 	(1) perform the activities required under subdivision 27; and
427.2 	(2) present information about home and community-based options, including 
427.3 	consumer-directed options, so the individual can make informed choices.
427.4 	(c) If the individual chooses home and community-based services, the long-term care 
427.5 	consultation team member or case manager must complete a written relocation plan within 
427.6 	20 working days of the visit. The plan must describe the services needed to move the 
427.7 	individual out of the facility and a timeline for the move that is designed to ensure a smooth 
427.8 	transition to the individual's home and community.
427.9 	(d) For individuals under 21 years of age, a screening interview that recommends nursing 
427.10 	facility admission must be in person and approved by the commissioner before the individual 
427.11 	is admitted to the nursing facility.
427.12 	(e) An individual under 65 years of age residing in a nursing facility must receive an 
427.13 	in-person assessment at least every 12 months to review the person's service choices and 
427.14 	available alternatives unless the individual indicates in writing that annual visits are not 
427.15 	desired. In this case, the individual must receive an in-person assessment at least once every 
427.16 	36 months for the same purposes.
427.17 	(f) Notwithstanding subdivision 33, the commissioner may pay county agencies directly 
427.18 	for in-person assessments for individuals under 65 years of age who are being considered 
427.19 	for placement or residing in a nursing facility.

427.20 	Sec. 24. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
427.21 	to read:
427.22 		Subd. 29.Support planning. (a) The certified assessor and the individual responsible 
427.23 	for developing the support plan must complete the assessment summary and the support 
427.24 	plan no more than 60 calendar days after the assessment visit.
427.25 	(b) The person or the person's legal representative must be provided with a written 
427.26 	assessment summary within the timelines established by the commissioner, regardless of 
427.27 	whether the person is eligible for Minnesota health care programs.
427.28 	(c) For a person being assessed for elderly waiver services under chapter 256S, a provider 
427.29 	who submitted information under subdivision 19, paragraph (c), must receive the final 
427.30 	written support plan when available.
427.31 	(d) The written support plan must include:
427.32 	(1) a summary of assessed needs as defined in subdivision 17, paragraphs (d) and (e);
428.1 	(2) the individual's options and choices to meet identified needs, including all available 
428.2 	options for:
428.3 	(i) case management services and providers;
428.4 	(ii) employment services, settings, and providers;
428.5 	(iii) living arrangements;
428.6 	(iv) self-directed services and supports, including self-directed budget options; and
428.7 	(v) service provided in a non-disability-specific setting;
428.8 	(3) identification of health and safety risks and how those risks will be addressed, 
428.9 	including personal risk management strategies;
428.10 	(4) referral information; and
428.11 	(5) informal caregiver supports, if applicable.
428.12 	(e) For a person determined eligible for state plan home care under subdivision 11, clause 
428.13 	(7), the person or person's legal representative must also receive a copy of the home care 
428.14 	service plan developed by the certified assessor.

428.15 	Sec. 25. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
428.16 	to read:
428.17 		Subd. 30.Assessment and support planning; supplemental information. The lead 
428.18 	agency must give the person receiving long-term care consultation services or the person's 
428.19 	legal representative materials and forms supplied by the commissioner containing the 
428.20 	following information:
428.21 	(1) written recommendations for community-based services and consumer-directed 
428.22 	options;
428.23 	(2) documentation that the most cost-effective alternatives available were offered to the 
428.24 	person;
428.25 	(3) the need for and purpose of preadmission screening conducted by long-term care 
428.26 	options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects 
428.27 	nursing facility placement. If the person selects nursing facility placement, the lead agency 
428.28 	shall forward information needed to complete the level of care determinations and screening 
428.29 	for developmental disability and mental illness collected during the assessment to the 
428.30 	long-term care options counselor using forms provided by the commissioner;
429.1 	(4) the role of long-term care consultation assessment and support planning in eligibility 
429.2 	determination for waiver and alternative care programs and state plan home care, case 
429.3 	management, and other services as defined in subdivision 11, clauses (7) to (10);
429.4 	(5) information about Minnesota health care programs;
429.5 	(6) the person's freedom to accept or reject the recommendations of the team;
429.6 	(7) the person's right to confidentiality under the Minnesota Government Data Practices 
429.7 	Act, chapter 13;
429.8 	(8) the certified assessor's decision regarding the person's need for institutional level of 
429.9 	care as determined under criteria established in subdivision 26 and regarding eligibility for 
429.10 	all services and programs as defined in subdivision 11, clauses (7) to (10);
429.11 	(9) the person's right to appeal the certified assessor's decision regarding eligibility for 
429.12 	all services and programs as defined in subdivision 11, clauses (5), (7) to (10), and (15), 
429.13 	and the decision regarding the need for institutional level of care or the lead agency's final 
429.14 	decisions regarding public programs eligibility according to section 256.045, subdivision 
429.15 	3. The certified assessor must verbally communicate this appeal right to the person and 
429.16 	must visually point out where in the document the right to appeal is stated; and
429.17 	(10) documentation that available options for employment services, independent living, 
429.18 	and self-directed services and supports were described to the person.

429.19 	Sec. 26. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
429.20 	to read:
429.21 		Subd. 31.Assessment and support planning; right to final decision. The person has 
429.22 	the right to make the final decision:
429.23 	(1) between institutional placement and community placement after the recommendations 
429.24 	have been provided under subdivision 30, clause (1), except as provided in section 256.975, 
429.25 	subdivision 7a, paragraph (d);
429.26 	(2) between community placement in a setting controlled by a provider and living 
429.27 	independently in a setting not controlled by a provider;
429.28 	(3) between day services and employment services; and
429.29 	(4) regarding available options for self-directed services and supports, including 
429.30 	self-directed funding options.

430.1 	Sec. 27. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
430.2 	to read:
430.3 		Subd. 32.Administrative activity. (a) The commissioner shall:
430.4 	(1) streamline the processes, including timelines for when assessments need to be 
430.5 	completed;
430.6 	(2) provide the services in this section; and
430.7 	(3) implement integrated solutions to automate the business processes to the extent 
430.8 	necessary for support plan approval, reimbursement, program planning, evaluation, and 
430.9 	policy development.
430.10 	(b) The commissioner shall work with lead agencies responsible for conducting long-term 
430.11 	care consultation services to:
430.12 	(1) modify the MnCHOICES application and assessment policies to create efficiencies 
430.13 	while ensuring federal compliance with medical assistance and long-term services and 
430.14 	supports eligibility criteria; and
430.15 	(2) develop a set of measurable benchmarks sufficient to demonstrate quarterly 
430.16 	improvement in the average time per assessment and other mutually agreed upon measures 
430.17 	of increasing efficiency.
430.18 	(c) The commissioner shall collect data on the benchmarks developed under paragraph 
430.19 	(b) and provide to the lead agencies and the chairs and ranking minority members of the 
430.20 	legislative committees with jurisdiction over human services an annual trend analysis of 
430.21 	the data in order to demonstrate the commissioner's compliance with the requirements of 
430.22 	this subdivision.

430.23 	Sec. 28. Minnesota Statutes 2020, section 256B.0911, is amended by adding a subdivision 
430.24 	to read:
430.25 		Subd. 33.Payment for long-term care consultation services. (a) Payments for long-term 
430.26 	care consultation services are available to the county or counties to cover staff salaries and 
430.27 	expenses to provide the services described in subdivision 11. The county shall employ, or 
430.28 	contract with other agencies to employ, within the limits of available funding, sufficient 
430.29 	personnel to provide long-term care consultation services while meeting the state's long-term 
430.30 	care outcomes and objectives as defined in subdivision 1.
430.31 	(b) The county is accountable for meeting local objectives as approved by the 
430.32 	commissioner in the biennial home and community-based services quality assurance plan. 
431.1 	The county must document its compliance with the local objectives on a form provided by 
431.2 	the commissioner.
431.3 	(c) The state shall pay 81.9 percent of the nonfederal share as reimbursement to the 
431.4 	counties.

431.5 	Sec. 29. DIRECTION TO COMMISSIONER; TRANSITION PROCESS.
 431.6 	(a) The commissioner of human services shall update references to statutes recodified 
431.7 	in this act when printed material is replaced and new printed material is obtained in the 
431.8 	normal course of business. The commissioner is not required to replace existing printed 
431.9 	material to comply with this act.
431.10 	(b) The commissioner of human services shall update references to statutes recodified 
431.11 	in this act when online documents and websites are edited in the normal course of business. 
431.12 	The commissioner is not required to edit online documents and websites merely to comply 
431.13 	with this act.
431.14 	(c) The commissioner of human services shall update references to statutes recodified 
431.15 	in this act when the home and community-based service waiver plans are updated in the 
431.16 	normal course of business. The commissioner is not required to update the home and 
431.17 	community-based service waiver plans merely to comply with this act.

431.18 	Sec. 30. REVISOR INSTRUCTION.
 431.19 	(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
431.20 	column A with the number listed in column B. The revisor shall also make necessary 
431.21 	cross-reference changes consistent with the renumbering.

431.22		Column A
	Column B
	
431.23		256B.0911, subdivision 3c
	256.975, subdivision 7e
	
431.24		256B.0911, subdivision 3d
	256.975, subdivision 7f
	
431.25		256B.0911, subdivision 3e
	256.975, subdivision 7g
	
431.26 	(b) The revisor of statutes, in consultation with the House of Representatives Research 
431.27 	Department; the Office of Senate Counsel, Research and Fiscal Analysis; and the Department 
431.28 	of Human Services, shall make necessary cross-reference changes and remove statutory 
431.29 	cross-references in Minnesota Statutes to conform with the recodification in this act. The 
431.30 	revisor may make technical and other necessary changes to sentence structure to preserve 
431.31 	the meaning of the text. The revisor may alter the coding in this act to incorporate statutory 
431.32 	changes made by other law in a regular or special session of the 2022 legislature. If a 
432.1 	provision stricken in this act is also amended in a regular or special session of the 2022 
432.2 	legislature by other law, the revisor shall restore the stricken language and give effect to 
432.3 	the amendment, notwithstanding Minnesota Statutes, section 645.30.
432.4 	(c) If a provision repealed in this article is also amended by a section in this act or any 
432.5 	other act in a regular or special session of the 2022 legislature, the revisor of statutes, in 
432.6 	consultation with the House Research Department, Office of Senate Counsel, Research and 
432.7 	Fiscal Analysis, and the Department of Human Services, shall give effect to the amendment 
432.8 	and incorporate the amendment consistent with the recodification of Minnesota Statutes, 
432.9 	section 256B.0911, by this article, notwithstanding any law to the contrary. When 
432.10 	incorporating any such amendment, the revisor of statutes, in consultation with the House 
432.11 	Research Department, Office of Senate Counsel, Research and Fiscal Analysis, and the 
432.12 	Department of Human Services, may make technical and other necessary changes to sentence 
432.13 	structure to preserve the meaning of the text of the recodification.

432.14 	Sec. 31. REPEALER.
 432.15 	Minnesota Statutes 2020, section 256B.0911, subdivisions 2b, 2c, 3, 3b, 3g, 4d, 4e, 5, 
432.16 	and 6, are repealed.
432.17 	Minnesota Statutes 2021 Supplement, section 256B.0911, subdivisions 1a, 3a, and 3f,
432.18 	are repealed.

432.19 	Sec. 32. EFFECTIVE DATE.
 432.20 	Sections 1 to 31 are effective July 1, 2022.

432.21 	ARTICLE 17
432.22 	LONG-TERM CARE CONSULTATION SERVICES RECODIFICATION; 
432.23 	CONFORMING CHANGES

432.24 	Section 1. Minnesota Statutes 2021 Supplement, section 144.0724, subdivision 4, is 
432.25 	amended to read:
432.26 		Subd. 4.Resident assessment schedule. (a) A facility must conduct and electronically 
432.27 	submit to the federal database MDS assessments that conform with the assessment schedule 
432.28 	defined by the Long Term Care Facility Resident Assessment Instrument User's Manual, 
432.29 	version 3.0, or its successor issued by the Centers for Medicare and Medicaid Services. The 
432.30 	commissioner of health may substitute successor manuals or question and answer documents 
432.31 	published by the United States Department of Health and Human Services, Centers for 
433.1 	Medicare and Medicaid Services, to replace or supplement the current version of the manual 
433.2 	or document.
433.3 	(b) The assessments required under the Omnibus Budget Reconciliation Act of 1987 
433.4 	(OBRA) used to determine a case mix classification for reimbursement include the following:
433.5 	(1) a new admission comprehensive assessment, which must have an assessment reference 
433.6 	date (ARD) within 14 calendar days after admission, excluding readmissions;
433.7 	(2) an annual comprehensive assessment, which must have an ARD within 92 days of 
433.8 	a previous quarterly review assessment or a previous comprehensive assessment, which 
433.9 	must occur at least once every 366 days;
433.10 	(3) a significant change in status comprehensive assessment, which must have an ARD 
433.11 	within 14 days after the facility determines, or should have determined, that there has been 
433.12 	a significant change in the resident's physical or mental condition, whether an improvement 
433.13 	or a decline, and regardless of the amount of time since the last comprehensive assessment 
433.14 	or quarterly review assessment;
433.15 	(4) a quarterly review assessment must have an ARD within 92 days of the ARD of the 
433.16 	previous quarterly review assessment or a previous comprehensive assessment;
433.17 	(5) any significant correction to a prior comprehensive assessment, if the assessment 
433.18 	being corrected is the current one being used for RUG classification;
433.19 	(6) any significant correction to a prior quarterly review assessment, if the assessment 
433.20 	being corrected is the current one being used for RUG classification;
433.21 	(7) a required significant change in status assessment when:
433.22 	(i) all speech, occupational, and physical therapies have ended. The ARD of this 
433.23 	assessment must be set on day eight after all therapy services have ended; and
433.24 	(ii) isolation for an infectious disease has ended. The ARD of this assessment must be 
433.25 	set on day 15 after isolation has ended; and
433.26 	(8) any modifications to the most recent assessments under clauses (1) to (7).
433.27 	(c) In addition to the assessments listed in paragraph (b), the assessments used to 
433.28 	determine nursing facility level of care include the following:
433.29 	(1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by 
433.30 	the Senior LinkAge Line or other organization under contract with the Minnesota Board on 
433.31 	Aging; and
434.1 	(2) a nursing facility level of care determination as provided for under section 256B.0911, 
434.2 	subdivision 4e 26, as part of a face-to-face long-term care consultation assessment completed 
434.3 	under section 256B.0911, by a county, tribe, or managed care organization under contract 
434.4 	with the Department of Human Services.

434.5 	Sec. 2. Minnesota Statutes 2020, section 144.0724, subdivision 11, is amended to read:
434.6 		Subd. 11.Nursing facility level of care. (a) For purposes of medical assistance payment 
434.7 	of long-term care services, a recipient must be determined, using assessments defined in 
434.8 	subdivision 4, to meet one of the following nursing facility level of care criteria:
434.9 	(1) the person requires formal clinical monitoring at least once per day;
434.10 	(2) the person needs the assistance of another person or constant supervision to begin 
434.11 	and complete at least four of the following activities of living: bathing, bed mobility, dressing, 
434.12 	eating, grooming, toileting, transferring, and walking;
434.13 	(3) the person needs the assistance of another person or constant supervision to begin 
434.14 	and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
434.15 	(4) the person has significant difficulty with memory, using information, daily decision 
434.16 	making, or behavioral needs that require intervention;
434.17 	(5) the person has had a qualifying nursing facility stay of at least 90 days;
434.18 	(6) the person meets the nursing facility level of care criteria determined 90 days after 
434.19 	admission or on the first quarterly assessment after admission, whichever is later; or
434.20 	(7) the person is determined to be at risk for nursing facility admission or readmission 
434.21 	through a face-to-face long-term care consultation assessment as specified in section 
434.22 	256B.0911, subdivision 3a, 3b, or 4d subdivision 17 to 21, 23, 24, 27, or 28, by a county, 
434.23 	tribe, or managed care organization under contract with the Department of Human Services. 
434.24 	The person is considered at risk under this clause if the person currently lives alone or will 
434.25 	live alone or be homeless without the person's current housing and also meets one of the 
434.26 	following criteria:
434.27 	(i) the person has experienced a fall resulting in a fracture;
434.28 	(ii) the person has been determined to be at risk of maltreatment or neglect, including 
434.29 	self-neglect; or
434.30 	(iii) the person has a sensory impairment that substantially impacts functional ability 
434.31 	and maintenance of a community residence.
435.1 	(b) The assessment used to establish medical assistance payment for nursing facility 
435.2 	services must be the most recent assessment performed under subdivision 4, paragraph (b), 
435.3 	that occurred no more than 90 calendar days before the effective date of medical assistance 
435.4 	eligibility for payment of long-term care services. In no case shall medical assistance payment 
435.5 	for long-term care services occur prior to the date of the determination of nursing facility 
435.6 	level of care.
435.7 	(c) The assessment used to establish medical assistance payment for long-term care 
435.8 	services provided under chapter 256S and section 256B.49 and alternative care payment 
435.9 	for services provided under section 256B.0913 must be the most recent face-to-face 
435.10 	assessment performed under section 256B.0911, subdivision 3a, 3b, or 4d subdivisions 17 
435.11 	to 21, 23, 24, 27, or 28, that occurred no more than 60 calendar days before the effective 
435.12 	date of medical assistance eligibility for payment of long-term care services.

435.13 	Sec. 3. Minnesota Statutes 2021 Supplement, section 144.0724, subdivision 12, as amended 
435.14 	by Laws 2022, chapter 55, article 1, section 36, is amended to read:
435.15 		Subd. 12.Appeal of nursing facility level of care determination. (a) A resident or 
435.16 	prospective resident whose level of care determination results in a denial of long-term care 
435.17 	services can appeal the determination as outlined in section 256B.0911, subdivision 3a, 
435.18 	paragraph (j) 30, clause (9).
435.19 	(b) The commissioner of human services shall ensure that notice of changes in eligibility 
435.20 	due to a nursing facility level of care determination is provided to each affected recipient 
435.21 	or the recipient's guardian at least 30 days before the effective date of the change. The notice 
435.22 	shall include the following information:
435.23 	(1) how to obtain further information on the changes;
435.24 	(2) how to receive assistance in obtaining other services;
435.25 	(3) a list of community resources; and
435.26 	(4) appeal rights.

435.27 	Sec. 4. Minnesota Statutes 2020, section 256.975, subdivision 7a, is amended to read:
435.28 		Subd. 7a.Preadmission screening activities related to nursing facility admissions. (a) 
435.29 	All individuals seeking admission to Medicaid-certified nursing facilities, including certified 
435.30 	boarding care facilities, must be screened prior to admission regardless of income, assets, 
435.31 	or funding sources for nursing facility care, except as described in subdivision 7b, paragraphs 
435.32 	(a) and (b). The purpose of the screening is to determine the need for nursing facility level 
436.1 	of care as described in section 256B.0911, subdivision 4e 26, and to complete activities 
436.2 	required under federal law related to mental illness and developmental disability as outlined 
436.3 	in paragraph (b).
436.4 	(b) A person who has a diagnosis or possible diagnosis of mental illness or developmental 
436.5 	disability must receive a preadmission screening before admission regardless of the 
436.6 	exemptions outlined in subdivision 7b, paragraphs (a) and (b), to identify the need for further 
436.7 	evaluation and specialized services, unless the admission prior to screening is authorized 
436.8 	by the local mental health authority or the local developmental disabilities case manager, 
436.9 	or unless authorized by the county agency according to Public Law 101-508.
436.10 	(c) The following criteria apply to the preadmission screening:
436.11 	(1) requests for preadmission screenings must be submitted via an online form developed 
436.12 	by the commissioner;
436.13 	(2) the Senior LinkAge Line must use forms and criteria developed by the commissioner 
436.14 	to identify persons who require referral for further evaluation and determination of the need 
436.15 	for specialized services; and
436.16 	(3) the evaluation and determination of the need for specialized services must be done 
436.17 	by:
436.18 	(i) a qualified independent mental health professional, for persons with a primary or 
436.19 	secondary diagnosis of a serious mental illness; or
436.20 	(ii) a qualified developmental disability professional, for persons with a primary or 
436.21 	secondary diagnosis of developmental disability. For purposes of this requirement, a qualified 
436.22 	developmental disability professional must meet the standards for a qualified developmental 
436.23 	disability professional under Code of Federal Regulations, title 42, section 483.430.
436.24 	(d) The local county mental health authority or the state developmental disability authority 
436.25 	under Public Laws 100-203 and 101-508 may prohibit admission to a nursing facility if the 
436.26 	individual does not meet the nursing facility level of care criteria or needs specialized 
436.27 	services as defined in Public Laws 100-203 and 101-508. For purposes of this section, 
436.28 	"specialized services" for a person with developmental disability means active treatment as 
436.29 	that term is defined under Code of Federal Regulations, title 42, section 483.440 (a)(1).
436.30 	(e) In assessing a person's needs, the screener shall:
436.31 	(1) use an automated system designated by the commissioner;
437.1 	(2) consult with care transitions coordinators, physician, or advanced practice registered 
437.2 	nurse; and
437.3 	(3) consider the assessment of the individual's physician or advanced practice registered 
437.4 	nurse.
437.5 	(f) Other personnel may be included in the level of care determination as deemed 
437.6 	necessary by the screener.

437.7 	Sec. 5. Minnesota Statutes 2020, section 256.975, subdivision 7b, is amended to read:
437.8 		Subd. 7b.Exemptions and emergency admissions. (a) Exemptions from the federal 
437.9 	screening requirements outlined in subdivision 7a, paragraphs (b) and (c), are limited to:
437.10 	(1) a person who, having entered an acute care facility from a certified nursing facility, 
437.11 	is returning to a certified nursing facility; or
437.12 	(2) a person transferring from one certified nursing facility in Minnesota to another 
437.13 	certified nursing facility in Minnesota.
437.14 	(b) Persons who are exempt from preadmission screening for purposes of level of care 
437.15 	determination include:
437.16 	(1) persons described in paragraph (a);
437.17 	(2) an individual who has a contractual right to have nursing facility care paid for 
437.18 	indefinitely by the Veterans Administration;
437.19 	(3) an individual enrolled in a demonstration project under section 256B.69, subdivision 
437.20 	8, at the time of application to a nursing facility; and
437.21 	(4) an individual currently being served under the alternative care program or under a 
437.22 	home and community-based services waiver authorized under section 1915(c) of the federal 
437.23 	Social Security Act.
437.24 	(c) Persons admitted to a Medicaid-certified nursing facility from the community on an 
437.25 	emergency basis as described in paragraph (d) or from an acute care facility on a nonworking 
437.26 	day must be screened the first working day after admission.
437.27 	(d) Emergency admission to a nursing facility prior to screening is permitted when all 
437.28 	of the following conditions are met:
437.29 	(1) a person is admitted from the community to a certified nursing or certified boarding 
437.30 	care facility during Senior LinkAge Line nonworking hours;
438.1 	(2) a physician or advanced practice registered nurse has determined that delaying 
438.2 	admission until preadmission screening is completed would adversely affect the person's 
438.3 	health and safety;
438.4 	(3) there is a recent precipitating event that precludes the client from living safely in the 
438.5 	community, such as sustaining an injury, sudden onset of acute illness, or a caregiver's 
438.6 	inability to continue to provide care;
438.7 	(4) the attending physician or advanced practice registered nurse has authorized the 
438.8 	emergency placement and has documented the reason that the emergency placement is 
438.9 	recommended; and
438.10 	(5) the Senior LinkAge Line is contacted on the first working day following the 
438.11 	emergency admission.
438.12 	(e) Transfer of a patient from an acute care hospital to a nursing facility is not considered 
438.13 	an emergency except for a person who has received hospital services in the following 
438.14 	situations: hospital admission for observation, care in an emergency room without hospital 
438.15 	admission, or following hospital 24-hour bed care and from whom admission is being sought 
438.16 	on a nonworking day.
438.17 	(e) (f) A nursing facility must provide written information to all persons admitted 
438.18 	regarding the person's right to request and receive long-term care consultation services as 
438.19 	defined in section 256B.0911, subdivision 1a 11. The information must be provided prior 
438.20 	to the person's discharge from the facility and in a format specified by the commissioner.

438.21 	Sec. 6. Minnesota Statutes 2020, section 256.975, subdivision 7c, is amended to read:
438.22 		Subd. 7c.Screening requirements. (a) A person may be screened for nursing facility 
438.23 	admission by telephone or in a face-to-face screening interview. The Senior LinkAge Line 
438.24 	shall identify each individual's needs using the following categories:
438.25 	(1) the person needs no face-to-face long-term care consultation assessment completed 
438.26 	under section 256B.0911, subdivision 3a, 3b, or 4d subdivisions 17 to 21, 24, 27 or 28, by 
438.27 	a county, tribe, or managed care organization under contract with the Department of Human 
438.28 	Services to determine the need for nursing facility level of care based on information obtained 
438.29 	from other health care professionals;
438.30 	(2) the person needs an immediate face-to-face long-term care consultation assessment 
438.31 	completed under section 256B.0911, subdivision 3a, 3b, or 4d subdivisions 17 to 21, 24, 
438.32 	27, or 28, by a county, tribe, or managed care organization under contract with the 
439.1 	Department of Human Services to determine the need for nursing facility level of care and 
439.2 	complete activities required under subdivision 7a; or
439.3 	(3) the person may be exempt from screening requirements as outlined in subdivision 
439.4 	7b, but will need transitional transition assistance after admission or in-person follow-along 
439.5 	after a return home.
439.6 	(b) The Senior LinkAge Line shall refer individuals under 65 years of age who are 
439.7 	admitted to nursing facilities with only a telephone screening must receive a face-to-face
439.8 	for an in-person assessment from the long-term care consultation team member of the county 
439.9 	in which the facility is located or from the recipient's county case manager within 40 calendar 
439.10 	days of admission as described in section 256B.0911, subdivision 4d 28, paragraph (c) (a).
439.11 	(c) Persons admitted on a nonemergency basis to a Medicaid-certified nursing facility 
439.12 	must be screened prior to admission.
439.13 	(d) Screenings provided by the Senior LinkAge Line must include processes to identify 
439.14 	persons who may require transition assistance described in subdivision 7, paragraph (b), 
439.15 	clause (12), and section 256B.0911, subdivision 3b 27.

439.16 	Sec. 7. Minnesota Statutes 2020, section 256.975, subdivision 7d, is amended to read:
439.17 		Subd. 7d.Payment for preadmission screening. Funding(a) The Department of Human 
439.18 	Services shall provide funding for preadmission screening shall be provided to the Minnesota 
439.19 	Board on Aging by the Department of Human Services to cover screener salaries and 
439.20 	expenses to provide the services described in subdivisions 7a to 7c. The Minnesota Board 
439.21 	on Aging shall:
439.22 	(1) employ, or contract with other agencies to employ, within the limits of available 
439.23 	funding, sufficient personnel to provide preadmission screening and level of care 
439.24 	determination services; and shall
439.25 	(2) seek to maximize federal funding for the service as provided under section 256.01, 
439.26 	subdivision 2, paragraph (aa).
439.27 	(b) The Department of Human Services shall provide funding for preadmission screening 
439.28 	follow-up to the Disability Hub for the under-60 population to cover options counseling 
439.29 	salaries and expenses to provide the services described in subdivisions 7a to 7c. The 
439.30 	Disability Hub shall:
439.31 	(1) employ, or contract with other agencies to employ, within the limits of available 
439.32 	funding, sufficient personnel to provide preadmission screening follow-up services; and
440.1 	(2) seek to maximize federal funding for the service as provided under section 256.01, 
440.2 	subdivision 2, paragraph (aa).

440.3 	Sec. 8. Minnesota Statutes 2020, section 256B.051, subdivision 4, is amended to read:
440.4 		Subd. 4.Assessment requirements. (a) An individual's assessment of functional need 
440.5 	must be conducted by one of the following methods:
440.6 	(1) an assessor according to the criteria established in section 256B.0911, subdivision 
440.7 	3a subdivisions 17 to 21, 23, 24, and 29 to 31, using a format established by the 
440.8 	commissioner;
440.9 	(2) documented need for services as verified by a professional statement of need as 
440.10 	defined in section 256I.03, subdivision 12; or
440.11 	(3) according to the continuum of care coordinated assessment system established in 
440.12 	Code of Federal Regulations, title 24, section 578.3, using a format established by the 
440.13 	commissioner.
440.14 	(b) An individual must be reassessed within one year of initial assessment, and annually 
440.15 	thereafter.

440.16 	Sec. 9. Minnesota Statutes 2020, section 256B.0646, is amended to read:
440.17 	256B.0646 MINNESOTA RESTRICTED RECIPIENT PROGRAM; PERSONAL 
440.18 	CARE ASSISTANCE SERVICES.
440.19 	(a) When a recipient's use of personal care assistance services or community first services 
440.20 	and supports under section 256B.85 results in abusive or fraudulent billing, the commissioner 
440.21 	may place a recipient in the Minnesota restricted recipient program under Minnesota Rules, 
440.22 	part 9505.2165. A recipient placed in the Minnesota restricted recipient program under this 
440.23 	section must: (1) use a designated traditional personal care assistance provider agency; and 
440.24 	(2) obtain a new assessment under section 256B.0911, including consultation with a registered 
440.25 	or public health nurse on the long-term care consultation team pursuant to section 256B.0911, 
440.26 	subdivision 3 15, paragraph (b), clause (2).
440.27 	(b) A recipient must comply with additional conditions for the use of personal care 
440.28 	assistance services or community first services and supports if the commissioner determines 
440.29 	it is necessary to prevent future misuse of personal care assistance services or abusive or 
440.30 	fraudulent billing. Additional conditions may include but are not limited to restricting service 
440.31 	authorizations for a duration of no more than one month and requiring a qualified professional 
440.32 	to monitor and report services on a monthly basis.
441.1 	(c) A recipient placed in the Minnesota restricted recipient program under this section 
441.2 	may appeal the placement according to section 256.045.

441.3 	Sec. 10. Minnesota Statutes 2020, section 256B.0659, subdivision 3a, is amended to read:
441.4 		Subd. 3a.Assessment; defined. (a) "Assessment" means a review and evaluation of a 
441.5 	recipient's need for personal care assistance services conducted in person. Assessments for 
441.6 	personal care assistance services shall be conducted by the county public health nurse or a 
441.7 	certified public health nurse under contract with the county except when a long-term care 
441.8 	consultation assessment is being conducted for the purposes of determining a person's 
441.9 	eligibility for home and community-based waiver services including personal care assistance 
441.10 	services according to section 256B.0911. During the transition to MnCHOICES, a certified 
441.11 	assessor may complete the assessment defined in this subdivision. An in-person assessment 
441.12 	must include: documentation of health status, determination of need, evaluation of service 
441.13 	effectiveness, identification of appropriate services, service plan development or modification, 
441.14 	coordination of services, referrals and follow-up to appropriate payers and community 
441.15 	resources, completion of required reports, recommendation of service authorization, and 
441.16 	consumer education. Once the need for personal care assistance services is determined under 
441.17 	this section, the county public health nurse or certified public health nurse under contract 
441.18 	with the county is responsible for communicating this recommendation to the commissioner 
441.19 	and the recipient. An in-person assessment must occur at least annually or when there is a 
441.20 	significant change in the recipient's condition or when there is a change in the need for 
441.21 	personal care assistance services. A service update may substitute for the annual face-to-face 
441.22 	assessment when there is not a significant change in recipient condition or a change in the 
441.23 	need for personal care assistance service. A service update may be completed by telephone, 
441.24 	used when there is no need for an increase in personal care assistance services, and used 
441.25 	for two consecutive assessments if followed by a face-to-face assessment. A service update 
441.26 	must be completed on a form approved by the commissioner. A service update or review 
441.27 	for temporary increase includes a review of initial baseline data, evaluation of service 
441.28 	effectiveness, redetermination of service need, modification of service plan and appropriate 
441.29 	referrals, update of initial forms, obtaining service authorization, and on going ongoing
441.30 	consumer education. Assessments or reassessments must be completed on forms provided 
441.31 	by the commissioner within 30 days of a request for home care services by a recipient or 
441.32 	responsible party.
441.33 	(b) This subdivision expires when notification is given by the commissioner as described 
441.34 	in section 256B.0911, subdivision 3a 18.

442.1 	Sec. 11. Minnesota Statutes 2020, section 256B.0913, subdivision 4, is amended to read:
442.2 		Subd. 4.Eligibility for funding for services for nonmedical assistance recipients. (a) 
442.3 	Funding for services under the alternative care program is available to persons who meet 
442.4 	the following criteria:
442.5 	(1) the person is a citizen of the United States or a United States national;
442.6 	(2) the person has been determined by a community assessment under section 256B.0911 
442.7 	to be a person who would require the level of care provided in a nursing facility, as 
442.8 	determined under section 256B.0911, subdivision 4e 26, but for the provision of services 
442.9 	under the alternative care program;
442.10 	(3) the person is age 65 or older;
442.11 	(4) the person would be eligible for medical assistance within 135 days of admission to 
442.12 	a nursing facility;
442.13 	(5) the person is not ineligible for the payment of long-term care services by the medical 
442.14 	assistance program due to an asset transfer penalty under section 256B.0595 or equity 
442.15 	interest in the home exceeding $500,000 as stated in section 256B.056;
442.16 	(6) the person needs long-term care services that are not funded through other state or 
442.17 	federal funding, or other health insurance or other third-party insurance such as long-term 
442.18 	care insurance;
442.19 	(7) except for individuals described in clause (8), the monthly cost of the alternative 
442.20 	care services funded by the program for this person does not exceed 75 percent of the 
442.21 	monthly limit described under section 256S.18. This monthly limit does not prohibit the 
442.22 	alternative care client from payment for additional services, but in no case may the cost of 
442.23 	additional services purchased under this section exceed the difference between the client's 
442.24 	monthly service limit defined under section 256S.04, and the alternative care program 
442.25 	monthly service limit defined in this paragraph. If care-related supplies and equipment or 
442.26 	environmental modifications and adaptations are or will be purchased for an alternative 
442.27 	care services recipient, the costs may be prorated on a monthly basis for up to 12 consecutive 
442.28 	months beginning with the month of purchase. If the monthly cost of a recipient's other 
442.29 	alternative care services exceeds the monthly limit established in this paragraph, the annual 
442.30 	cost of the alternative care services shall be determined. In this event, the annual cost of 
442.31 	alternative care services shall not exceed 12 times the monthly limit described in this 
442.32 	paragraph;
443.1 	(8) for individuals assigned a case mix classification A as described under section 
443.2 	256S.18, with (i) no dependencies in activities of daily living, or (ii) up to two dependencies 
443.3 	in bathing, dressing, grooming, walking, and eating when the dependency score in eating 
443.4 	is three or greater as determined by an assessment performed under section 256B.0911, the 
443.5 	monthly cost of alternative care services funded by the program cannot exceed $593 per 
443.6 	month for all new participants enrolled in the program on or after July 1, 2011. This monthly 
443.7 	limit shall be applied to all other participants who meet this criteria at reassessment. This 
443.8 	monthly limit shall be increased annually as described in section 256S.18. This monthly 
443.9 	limit does not prohibit the alternative care client from payment for additional services, but 
443.10 	in no case may the cost of additional services purchased exceed the difference between the 
443.11 	client's monthly service limit defined in this clause and the limit described in clause (7) for 
443.12 	case mix classification A; and
443.13 	(9) the person is making timely payments of the assessed monthly fee. A person is 
443.14 	ineligible if payment of the fee is over 60 days past due, unless the person agrees to:
443.15 	(i) the appointment of a representative payee;
443.16 	(ii) automatic payment from a financial account;
443.17 	(iii) the establishment of greater family involvement in the financial management of 
443.18 	payments; or
443.19 	(iv) another method acceptable to the lead agency to ensure prompt fee payments.
443.20 	(b) The lead agency may extend the client's eligibility as necessary while making 
443.21 	arrangements to facilitate payment of past-due amounts and future premium payments. 
443.22 	Following disenrollment due to nonpayment of a monthly fee, eligibility shall not be 
443.23 	reinstated for a period of 30 days.
443.24 	(b) (c) Alternative care funding under this subdivision is not available for a person who 
443.25 	is a medical assistance recipient or who would be eligible for medical assistance without a 
443.26 	spenddown or waiver obligation. A person whose initial application for medical assistance 
443.27 	and the elderly waiver program is being processed may be served under the alternative care 
443.28 	program for a period up to 60 days. If the individual is found to be eligible for medical 
443.29 	assistance, medical assistance must be billed for services payable under the federally 
443.30 	approved elderly waiver plan and delivered from the date the individual was found eligible 
443.31 	for the federally approved elderly waiver plan. Notwithstanding this provision, alternative 
443.32 	care funds may not be used to pay for any service the cost of which: (i) is payable by medical 
443.33 	assistance; (ii) is used by a recipient to meet a waiver obligation; or (iii) is used to pay a 
444.1 	medical assistance income spenddown for a person who is eligible to participate in the 
444.2 	federally approved elderly waiver program under the special income standard provision.
444.3 	(c) (d) Alternative care funding is not available for a person who resides in a licensed 
444.4 	nursing home, certified boarding care home, hospital, or intermediate care facility, except 
444.5 	for case management services which are provided in support of the discharge planning 
444.6 	process for a nursing home resident or certified boarding care home resident to assist with 
444.7 	a relocation process to a community-based setting.
444.8 	(d) (e) Alternative care funding is not available for a person whose income is greater 
444.9 	than the maintenance needs allowance under section 256S.05, but equal to or less than 120 
444.10 	percent of the federal poverty guideline effective July 1 in the fiscal year for which alternative 
444.11 	care eligibility is determined, who would be eligible for the elderly waiver with a waiver 
444.12 	obligation.

444.13 	Sec. 12. Minnesota Statutes 2020, section 256B.092, subdivision 1a, is amended to read:
444.14 		Subd. 1a.Case management services. (a) Each recipient of a home and community-based 
444.15 	waiver shall be provided case management services by qualified vendors as described in 
444.16 	the federally approved waiver application.
444.17 	(b) Case management service activities provided to or arranged for a person include:
444.18 	(1) development of the person-centered coordinated service and support plan under 
444.19 	subdivision 1b;
444.20 	(2) informing the individual or the individual's legal guardian or conservator, or parent 
444.21 	if the person is a minor, of service options, including all service options available under the 
444.22 	waiver plan;
444.23 	(3) consulting with relevant medical experts or service providers;
444.24 	(4) assisting the person in the identification of potential providers of chosen services, 
444.25 	including:
444.26 	(i) providers of services provided in a non-disability-specific setting;
444.27 	(ii) employment service providers;
444.28 	(iii) providers of services provided in settings that are not controlled by a provider; and
444.29 	(iv) providers of financial management services;
444.30 	(5) assisting the person to access services and assisting in appeals under section 256.045;
444.31 	(6) coordination of services, if coordination is not provided by another service provider;
445.1 	(7) evaluation and monitoring of the services identified in the coordinated service and 
445.2 	support plan, which must incorporate at least one annual face-to-face visit by the case 
445.3 	manager with each person; and
445.4 	(8) reviewing coordinated service and support plans and providing the lead agency with 
445.5 	recommendations for service authorization based upon the individual's needs identified in 
445.6 	the coordinated service and support plan.
445.7 	(c) Case management service activities that are provided to the person with a 
445.8 	developmental disability shall be provided directly by county agencies or under contract. 
445.9 	Case management services must be provided by a public or private agency that is enrolled 
445.10 	as a medical assistance provider determined by the commissioner to meet all of the 
445.11 	requirements in the approved federal waiver plans. Case management services must not be 
445.12 	provided to a recipient by a private agency that has a financial interest in the provision of 
445.13 	any other services included in the recipient's coordinated service and support plan. For 
445.14 	purposes of this section, "private agency" means any agency that is not identified as a lead 
445.15 	agency under section 256B.0911, subdivision 1a, paragraph (e) 10.
445.16 	(d) Case managers are responsible for service provisions listed in paragraphs (a) and 
445.17 	(b). Case managers shall collaborate with consumers, families, legal representatives, and 
445.18 	relevant medical experts and service providers in the development and annual review of the 
445.19 	person-centered coordinated service and support plan and habilitation plan.
445.20 	(e) For persons who need a positive support transition plan as required in chapter 245D, 
445.21 	the case manager shall participate in the development and ongoing evaluation of the plan 
445.22 	with the expanded support team. At least quarterly, the case manager, in consultation with 
445.23 	the expanded support team, shall evaluate the effectiveness of the plan based on progress 
445.24 	evaluation data submitted by the licensed provider to the case manager. The evaluation must 
445.25 	identify whether the plan has been developed and implemented in a manner to achieve the 
445.26 	following within the required timelines:
445.27 	(1) phasing out the use of prohibited procedures;
445.28 	(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's 
445.29 	timeline; and
445.30 	(3) accomplishment of identified outcomes.
445.31 	If adequate progress is not being made, the case manager shall consult with the person's 
445.32 	expanded support team to identify needed modifications and whether additional professional 
445.33 	support is required to provide consultation.
446.1 	(f) The Department of Human Services shall offer ongoing education in case management 
446.2 	to case managers. Case managers shall receive no less than ten hours of case management 
446.3 	education and disability-related training each year. The education and training must include 
446.4 	person-centered planning. For the purposes of this section, "person-centered planning" or 
446.5 	"person-centered" has the meaning given in section 256B.0911, subdivision 1a, paragraph 
446.6 	(f) 10.

446.7 	Sec. 13. Minnesota Statutes 2020, section 256B.092, subdivision 1b, is amended to read:
446.8 		Subd. 1b.Coordinated service and support plan. (a) Each recipient of home and 
446.9 	community-based waivered services shall be provided a copy of the written person-centered 
446.10 	coordinated service and support plan that:
446.11 	(1) is developed with and signed by the recipient within the timelines established by the 
446.12 	commissioner and section 256B.0911, subdivision 3a, paragraph (e) 29;
446.13 	(2) includes the person's need for service, including identification of service needs that 
446.14 	will be or that are met by the person's relatives, friends, and others, as well as community 
446.15 	services used by the general public;
446.16 	(3) reasonably ensures the health and welfare of the recipient;
446.17 	(4) identifies the person's preferences for services as stated by the person, the person's 
446.18 	legal guardian or conservator, or the parent if the person is a minor, including the person's 
446.19 	choices made on self-directed options, services and supports to achieve employment goals, 
446.20 	and living arrangements;
446.21 	(5) provides for an informed choice, as defined in section 256B.77, subdivision 2, 
446.22 	paragraph (o), of service and support providers, and identifies all available options for case 
446.23 	management services and providers;
446.24 	(6) identifies long-range and short-range goals for the person;
446.25 	(7) identifies specific services and the amount and frequency of the services to be provided 
446.26 	to the person based on assessed needs, preferences, and available resources. The 
446.27 	person-centered coordinated service and support plan shall also specify other services the 
446.28 	person needs that are not available;
446.29 	(8) identifies the need for an individual program plan to be developed by the provider 
446.30 	according to the respective state and federal licensing and certification standards, and 
446.31 	additional assessments to be completed or arranged by the provider after service initiation;
447.1 	(9) identifies provider responsibilities to implement and make recommendations for 
447.2 	modification to the coordinated service and support plan;
447.3 	(10) includes notice of the right to request a conciliation conference or a hearing under 
447.4 	section 256.045;
447.5 	(11) is agreed upon and signed by the person, the person's legal guardian or conservator, 
447.6 	or the parent if the person is a minor, and the authorized county representative;
447.7 	(12) is reviewed by a health professional if the person has overriding medical needs that 
447.8 	impact the delivery of services; and
447.9 	(13) includes the authorized annual and monthly amounts for the services.
447.10 	(b) In developing the person-centered coordinated service and support plan, the case 
447.11 	manager is encouraged to include the use of volunteers, religious organizations, social clubs, 
447.12 	and civic and service organizations to support the individual in the community. The lead 
447.13 	agency must be held harmless for damages or injuries sustained through the use of volunteers 
447.14 	and agencies under this paragraph, including workers' compensation liability.
447.15 	(c) Approved, written, and signed changes to a consumer's services that meet the criteria 
447.16 	in this subdivision shall be an addendum to that consumer's individual service plan.

447.17 	Sec. 14. Minnesota Statutes 2020, section 256B.0922, subdivision 1, is amended to read:
447.18 		Subdivision 1.Essential community supports. (a) The purpose of the essential 
447.19 	community supports program is to provide targeted services to persons age 65 and older 
447.20 	who need essential community support, but whose needs do not meet the level of care 
447.21 	required for nursing facility placement under section 144.0724, subdivision 11.
447.22 	(b) Essential community supports are available not to exceed $400 per person per month. 
447.23 	Essential community supports may be used as authorized within an authorization period 
447.24 	not to exceed 12 months. Services must be available to a person who:
447.25 	(1) is age 65 or older;
447.26 	(2) is not eligible for medical assistance;
447.27 	(3) has received a community assessment under section 256B.0911, subdivision 3a or 
447.28 	3b subdivisions 17 to 21, 23, 24, or 27, and does not require the level of care provided in a 
447.29 	nursing facility;
447.30 	(4) meets the financial eligibility criteria for the alternative care program under section 
447.31 	256B.0913, subdivision 4;
448.1 	(5) has a community support plan; and
448.2 	(6) has been determined by a community assessment under section 256B.0911, 
448.3 	subdivision 3a or 3b subdivisions 17 to 21, 23, 24 or 27, to be a person who would require 
448.4 	provision of at least one of the following services, as defined in the approved elderly waiver 
448.5 	plan, in order to maintain their community residence:
448.6 	(i) adult day services;
448.7 	(ii) caregiver support;
448.8 	(iii) homemaker support;
448.9 	(iv) chores;
448.10 	(v) a personal emergency response device or system;
448.11 	(vi) home-delivered meals; or
448.12 	(vii) community living assistance as defined by the commissioner.
448.13 	(c) The person receiving any of the essential community supports in this subdivision 
448.14 	must also receive service coordination, not to exceed $600 in a 12-month authorization 
448.15 	period, as part of their community support plan.
448.16 	(d) A person who has been determined to be eligible for essential community supports 
448.17 	must be reassessed at least annually and continue to meet the criteria in paragraph (b) to 
448.18 	remain eligible for essential community supports.
448.19 	(e) The commissioner is authorized to use federal matching funds for essential community 
448.20 	supports as necessary and to meet demand for essential community supports as outlined in 
448.21 	subdivision 2, and that amount of federal funds is appropriated to the commissioner for this 
448.22 	purpose.

448.23 	Sec. 15. Minnesota Statutes 2020, section 256B.49, subdivision 12, is amended to read:
448.24 		Subd. 12.Informed choice. Persons who are determined likely to require the level of 
448.25 	care provided in a nursing facility as determined under section 256B.0911, subdivision 4e
448.26 	26, or a hospital shall be informed of the home and community-based support alternatives 
448.27 	to the provision of inpatient hospital services or nursing facility services. Each person must 
448.28 	be given the choice of either institutional or home and community-based services using the 
448.29 	provisions described in section 256B.77, subdivision 2, paragraph (p).

449.1 	Sec. 16. Minnesota Statutes 2020, section 256B.49, subdivision 13, is amended to read:
449.2 		Subd. 13.Case management. (a) Each recipient of a home and community-based waiver 
449.3 	shall be provided case management services by qualified vendors as described in the federally 
449.4 	approved waiver application. The case management service activities provided must include:
449.5 	(1) finalizing the person-centered written coordinated service and support plan within 
449.6 	the timelines established by the commissioner and section 256B.0911, subdivision 3a, 
449.7 	paragraph (e) 29;
449.8 	(2) informing the recipient or the recipient's legal guardian or conservator of service 
449.9 	options, including all service options available under the waiver plans;
449.10 	(3) assisting the recipient in the identification of potential service providers of chosen 
449.11 	services, including:
449.12 	(i) available options for case management service and providers;
449.13 	(ii) providers of services provided in a non-disability-specific setting;
449.14 	(iii) employment service providers;
449.15 	(iv) providers of services provided in settings that are not community residential settings; 
449.16 	and
449.17 	(v) providers of financial management services;
449.18 	(4) assisting the recipient to access services and assisting with appeals under section 
449.19 	256.045; and
449.20 	(5) coordinating, evaluating, and monitoring of the services identified in the service 
449.21 	plan.
449.22 	(b) The case manager may delegate certain aspects of the case management service 
449.23 	activities to another individual provided there is oversight by the case manager. The case 
449.24 	manager may not delegate those aspects which require professional judgment including:
449.25 	(1) finalizing the person-centered coordinated service and support plan;
449.26 	(2) ongoing assessment and monitoring of the person's needs and adequacy of the 
449.27 	approved person-centered coordinated service and support plan; and
449.28 	(3) adjustments to the person-centered coordinated service and support plan.
449.29 	(c) Case management services must be provided by a public or private agency that is 
449.30 	enrolled as a medical assistance provider determined by the commissioner to meet all of 
449.31 	the requirements in the approved federal waiver plans. Case management services must not 
450.1 	be provided to a recipient by a private agency that has any financial interest in the provision 
450.2 	of any other services included in the recipient's coordinated service and support plan. For 
450.3 	purposes of this section, "private agency" means any agency that is not identified as a lead 
450.4 	agency under section 256B.0911, subdivision 1a, paragraph (e) 10.
450.5 	(d) For persons who need a positive support transition plan as required in chapter 245D, 
450.6 	the case manager shall participate in the development and ongoing evaluation of the plan 
450.7 	with the expanded support team. At least quarterly, the case manager, in consultation with 
450.8 	the expanded support team, shall evaluate the effectiveness of the plan based on progress 
450.9 	evaluation data submitted by the licensed provider to the case manager. The evaluation must 
450.10 	identify whether the plan has been developed and implemented in a manner to achieve the 
450.11 	following within the required timelines:
450.12 	(1) phasing out the use of prohibited procedures;
450.13 	(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's 
450.14 	timeline; and
450.15 	(3) accomplishment of identified outcomes.
450.16 	If adequate progress is not being made, the case manager shall consult with the person's 
450.17 	expanded support team to identify needed modifications and whether additional professional 
450.18 	support is required to provide consultation.
450.19 	(e) The Department of Human Services shall offer ongoing education in case management 
450.20 	to case managers. Case managers shall receive no less than ten hours of case management 
450.21 	education and disability-related training each year. The education and training must include 
450.22 	person-centered planning. For the purposes of this section, "person-centered planning" or 
450.23 	"person-centered" has the meaning given in section 256B.0911, subdivision 1a, paragraph 
450.24 	(f) 10.

450.25 	Sec. 17. Minnesota Statutes 2021 Supplement, section 256B.49, subdivision 14, is amended 
450.26 	to read:
450.27 		Subd. 14.Assessment and reassessment. (a) Assessments and reassessments shall be 
450.28 	conducted by certified assessors according to section 256B.0911, subdivision 2b subdivisions 
450.29 	13 and 14.
450.30 	(b) There must be a determination that the client requires a hospital level of care or a 
450.31 	nursing facility level of care as defined in section 256B.0911, subdivision 4e 26, at initial 
450.32 	and subsequent assessments to initiate and maintain participation in the waiver program.
451.1 	(c) Regardless of other assessments identified in section 144.0724, subdivision 4, as 
451.2 	appropriate to determine nursing facility level of care for purposes of medical assistance 
451.3 	payment for nursing facility services, only assessments conducted according to section 
451.4 	256B.0911, subdivisions 3a, 3b, and 4d 17 to 21, 23, 24, and 27 to 31, that result in a hospital 
451.5 	level of care determination or a nursing facility level of care determination must be accepted 
451.6 	for purposes of initial and ongoing access to waiver services payment.
451.7 	(d) Recipients who are found eligible for home and community-based services under 
451.8 	this section before their 65th birthday may remain eligible for these services after their 65th 
451.9 	birthday if they continue to meet all other eligibility factors.

451.10 	Sec. 18. Minnesota Statutes 2021 Supplement, section 256B.85, subdivision 2, is amended 
451.11 	to read:
451.12 		Subd. 2.Definitions. (a) For the purposes of this section and section 256B.851, the terms 
451.13 	defined in this subdivision have the meanings given.
451.14 	(b) "Activities of daily living" or "ADLs" means:
451.15 	(1) dressing, including assistance with choosing, applying, and changing clothing and 
451.16 	applying special appliances, wraps, or clothing;
451.17 	(2) grooming, including assistance with basic hair care, oral care, shaving, applying 
451.18 	cosmetics and deodorant, and care of eyeglasses and hearing aids. Grooming includes nail 
451.19 	care, except for recipients who are diabetic or have poor circulation;
451.20 	(3) bathing, including assistance with basic personal hygiene and skin care;
451.21 	(4) eating, including assistance with hand washing and applying orthotics required for 
451.22 	eating, transfers, or feeding;
451.23 	(5) transfers, including assistance with transferring the participant from one seating or 
451.24 	reclining area to another;
451.25 	(6) mobility, including assistance with ambulation and use of a wheelchair. Mobility 
451.26 	does not include providing transportation for a participant;
451.27 	(7) positioning, including assistance with positioning or turning a participant for necessary 
451.28 	care and comfort; and
451.29 	(8) toileting, including assistance with bowel or bladder elimination and care, transfers, 
451.30 	mobility, positioning, feminine hygiene, use of toileting equipment or supplies, cleansing 
451.31 	the perineal area, inspection of the skin, and adjusting clothing.
452.1 	(c) "Agency-provider model" means a method of CFSS under which a qualified agency 
452.2 	provides services and supports through the agency's own employees and policies. The agency 
452.3 	must allow the participant to have a significant role in the selection and dismissal of support 
452.4 	workers of their choice for the delivery of their specific services and supports.
452.5 	(d) "Behavior" means a description of a need for services and supports used to determine 
452.6 	the home care rating and additional service units. The presence of Level I behavior is used 
452.7 	to determine the home care rating.
452.8 	(e) "Budget model" means a service delivery method of CFSS that allows the use of a 
452.9 	service budget and assistance from a financial management services (FMS) provider for a 
452.10 	participant to directly employ support workers and purchase supports and goods.
452.11 	(f) "Complex health-related needs" means an intervention listed in clauses (1) to (8) that 
452.12 	has been ordered by a physician, advanced practice registered nurse, or physician's assistant 
452.13 	and is specified in a community support plan, including:
452.14 	(1) tube feedings requiring:
452.15 	(i) a gastrojejunostomy tube; or
452.16 	(ii) continuous tube feeding lasting longer than 12 hours per day;
452.17 	(2) wounds described as:
452.18 	(i) stage III or stage IV;
452.19 	(ii) multiple wounds;
452.20 	(iii) requiring sterile or clean dressing changes or a wound vac; or
452.21 	(iv) open lesions such as burns, fistulas, tube sites, or ostomy sites that require specialized 
452.22 	care;
452.23 	(3) parenteral therapy described as:
452.24 	(i) IV therapy more than two times per week lasting longer than four hours for each 
452.25 	treatment; or
452.26 	(ii) total parenteral nutrition (TPN) daily;
452.27 	(4) respiratory interventions, including:
452.28 	(i) oxygen required more than eight hours per day;
452.29 	(ii) respiratory vest more than one time per day;
452.30 	(iii) bronchial drainage treatments more than two times per day;
453.1 	(iv) sterile or clean suctioning more than six times per day;
453.2 	(v) dependence on another to apply respiratory ventilation augmentation devices such 
453.3 	as BiPAP and CPAP; and
453.4 	(vi) ventilator dependence under section 256B.0651;
453.5 	(5) insertion and maintenance of catheter, including:
453.6 	(i) sterile catheter changes more than one time per month;
453.7 	(ii) clean intermittent catheterization, and including self-catheterization more than six 
453.8 	times per day; or
453.9 	(iii) bladder irrigations;
453.10 	(6) bowel program more than two times per week requiring more than 30 minutes to 
453.11 	perform each time;
453.12 	(7) neurological intervention, including:
453.13 	(i) seizures more than two times per week and requiring significant physical assistance 
453.14 	to maintain safety; or
453.15 	(ii) swallowing disorders diagnosed by a physician, advanced practice registered nurse, 
453.16 	or physician's assistant and requiring specialized assistance from another on a daily basis; 
453.17 	and
453.18 	(8) other congenital or acquired diseases creating a need for significantly increased direct 
453.19 	hands-on assistance and interventions in six to eight activities of daily living.
453.20 	(g) "Community first services and supports" or "CFSS" means the assistance and supports 
453.21 	program under this section needed for accomplishing activities of daily living, instrumental 
453.22 	activities of daily living, and health-related tasks through hands-on assistance to accomplish 
453.23 	the task or constant supervision and cueing to accomplish the task, or the purchase of goods 
453.24 	as defined in subdivision 7, clause (3), that replace the need for human assistance.
453.25 	(h) "Community first services and supports service delivery plan" or "CFSS service 
453.26 	delivery plan" means a written document detailing the services and supports chosen by the 
453.27 	participant to meet assessed needs that are within the approved CFSS service authorization, 
453.28 	as determined in subdivision 8. Services and supports are based on the coordinated service 
453.29 	and support plan identified in sections 256B.092, subdivision 1b, and 256S.10.
453.30 	(i) "Consultation services" means a Minnesota health care program enrolled provider 
453.31 	organization that provides assistance to the participant in making informed choices about 
454.1 	CFSS services in general and self-directed tasks in particular, and in developing a 
454.2 	person-centered CFSS service delivery plan to achieve quality service outcomes.
454.3 	(j) "Critical activities of daily living" means transferring, mobility, eating, and toileting.
454.4 	(k) "Dependency" in activities of daily living means a person requires hands-on assistance 
454.5 	or constant supervision and cueing to accomplish one or more of the activities of daily living 
454.6 	every day or on the days during the week that the activity is performed; however, a child 
454.7 	must not be found to be dependent in an activity of daily living if, because of the child's 
454.8 	age, an adult would either perform the activity for the child or assist the child with the 
454.9 	activity and the assistance needed is the assistance appropriate for a typical child of the 
454.10 	same age.
454.11 	(l) "Extended CFSS" means CFSS services and supports provided under CFSS that are 
454.12 	included in the CFSS service delivery plan through one of the home and community-based 
454.13 	services waivers and as approved and authorized under chapter 256S and sections 256B.092, 
454.14 	subdivision 5, and 256B.49, which exceed the amount, duration, and frequency of the state 
454.15 	plan CFSS services for participants. Extended CFSS excludes the purchase of goods.
454.16 	(m) "Financial management services provider" or "FMS provider" means a qualified 
454.17 	organization required for participants using the budget model under subdivision 13 that is 
454.18 	an enrolled provider with the department to provide vendor fiscal/employer agent financial 
454.19 	management services (FMS).
454.20 	(n) "Health-related procedures and tasks" means procedures and tasks related to the 
454.21 	specific assessed health needs of a participant that can be taught or assigned by a 
454.22 	state-licensed health care or mental health professional and performed by a support worker.
454.23 	(o) "Instrumental activities of daily living" means activities related to living independently 
454.24 	in the community, including but not limited to: meal planning, preparation, and cooking; 
454.25 	shopping for food, clothing, or other essential items; laundry; housecleaning; assistance 
454.26 	with medications; managing finances; communicating needs and preferences during activities; 
454.27 	arranging supports; and assistance with traveling around and participating in the community, 
454.28 	including traveling to medical appointments. For purposes of this paragraph, traveling 
454.29 	includes driving and accompanying the recipient in the recipient's chosen mode of 
454.30 	transportation and according to the individual CFSS service delivery plan.
454.31 	(p) "Lead agency" has the meaning given in section 256B.0911, subdivision 1a, paragraph 
454.32 	(e) 10.
455.1 	(q) "Legal representative" means parent of a minor, a court-appointed guardian, or 
455.2 	another representative with legal authority to make decisions about services and supports 
455.3 	for the participant. Other representatives with legal authority to make decisions include but 
455.4 	are not limited to a health care agent or an attorney-in-fact authorized through a health care 
455.5 	directive or power of attorney.
455.6 	(r) "Level I behavior" means physical aggression toward self or others or destruction of 
455.7 	property that requires the immediate response of another person.
455.8 	(s) "Medication assistance" means providing verbal or visual reminders to take regularly 
455.9 	scheduled medication, and includes any of the following supports listed in clauses (1) to 
455.10 	(3) and other types of assistance, except that a support worker must not determine medication 
455.11 	dose or time for medication or inject medications into veins, muscles, or skin:
455.12 	(1) under the direction of the participant or the participant's representative, bringing 
455.13 	medications to the participant including medications given through a nebulizer, opening a 
455.14 	container of previously set-up medications, emptying the container into the participant's 
455.15 	hand, opening and giving the medication in the original container to the participant, or 
455.16 	bringing to the participant liquids or food to accompany the medication;
455.17 	(2) organizing medications as directed by the participant or the participant's representative; 
455.18 	and
455.19 	(3) providing verbal or visual reminders to perform regularly scheduled medications.
455.20 	(t) "Participant" means a person who is eligible for CFSS.
455.21 	(u) "Participant's representative" means a parent, family member, advocate, or other 
455.22 	adult authorized by the participant or participant's legal representative, if any, to serve as a 
455.23 	representative in connection with the provision of CFSS. If the participant is unable to assist 
455.24 	in the selection of a participant's representative, the legal representative shall appoint one.
455.25 	(v) "Person-centered planning process" means a process that is directed by the participant 
455.26 	to plan for CFSS services and supports.
455.27 	(w) "Service budget" means the authorized dollar amount used for the budget model or 
455.28 	for the purchase of goods.
455.29 	(x) "Shared services" means the provision of CFSS services by the same CFSS support 
455.30 	worker to two or three participants who voluntarily enter into a written agreement to receive 
455.31 	services at the same time, in the same setting, and through the same agency-provider or 
455.32 	FMS provider.
456.1 	(y) "Support worker" means a qualified and trained employee of the agency-provider 
456.2 	as required by subdivision 11b or of the participant employer under the budget model as 
456.3 	required by subdivision 14 who has direct contact with the participant and provides services 
456.4 	as specified within the participant's CFSS service delivery plan.
456.5 	(z) "Unit" means the increment of service based on hours or minutes identified in the 
456.6 	service agreement.
456.7 	(aa) "Vendor fiscal employer agent" means an agency that provides financial management 
456.8 	services.
456.9 	(bb) "Wages and benefits" means the hourly wages and salaries, the employer's share 
456.10 	of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, 
456.11 	mileage reimbursement, health and dental insurance, life insurance, disability insurance, 
456.12 	long-term care insurance, uniform allowance, contributions to employee retirement accounts, 
456.13 	or other forms of employee compensation and benefits.
456.14 	(cc) "Worker training and development" means services provided according to subdivision 
456.15 	18a for developing workers' skills as required by the participant's individual CFSS service 
456.16 	delivery plan that are arranged for or provided by the agency-provider or purchased by the 
456.17 	participant employer. These services include training, education, direct observation and 
456.18 	supervision, and evaluation and coaching of job skills and tasks, including supervision of 
456.19 	health-related tasks or behavioral supports.

456.20 	Sec. 19. Minnesota Statutes 2021 Supplement, section 256B.85, subdivision 5, is amended 
456.21 	to read:
456.22 		Subd. 5.Assessment requirements. (a) The assessment of functional need must:
456.23 	(1) be conducted by a certified assessor according to the criteria established in section 
456.24 	256B.0911, subdivision 3a subdivisions 17 to 21, 23, 24, and 29 to 31;
456.25 	(2) be conducted face-to-face, initially and at least annually thereafter, or when there is 
456.26 	a significant change in the participant's condition or a change in the need for services and 
456.27 	supports, or at the request of the participant when the participant experiences a change in 
456.28 	condition or needs a change in the services or supports; and
456.29 	(3) be completed using the format established by the commissioner.
456.30 	(b) The results of the assessment and any recommendations and authorizations for CFSS 
456.31 	must be determined and communicated in writing by the lead agency's assessor as defined 
456.32 	in section 256B.0911 to the participant or the participant's representative and chosen CFSS 
457.1 	providers within ten business days and must include the participant's right to appeal the 
457.2 	assessment under section 256.045, subdivision 3.
457.3 	(c) The lead agency assessor may authorize a temporary authorization for CFSS services 
457.4 	to be provided under the agency-provider model. The lead agency assessor may authorize 
457.5 	a temporary authorization for CFSS services to be provided under the agency-provider 
457.6 	model without using the assessment process described in this subdivision. Authorization 
457.7 	for a temporary level of CFSS services under the agency-provider model is limited to the 
457.8 	time specified by the commissioner, but shall not exceed 45 days. The level of services 
457.9 	authorized under this paragraph shall have no bearing on a future authorization. For CFSS 
457.10 	services needed beyond the 45-day temporary authorization, the lead agency must conduct 
457.11 	an assessment as described in this subdivision and participants must use consultation services 
457.12 	to complete their orientation and selection of a service model.

457.13 	Sec. 20. Minnesota Statutes 2020, section 256S.02, subdivision 15, is amended to read:
457.14 		Subd. 15.Lead agency. "Lead agency" means a county administering long-term care 
457.15 	consultation services as defined in section 256B.0911, subdivision 1a 10, or a tribe or 
457.16 	managed care organization under contract with the commissioner to administer long-term 
457.17 	care consultation services as defined in section 256B.0911, subdivision 1a 10.

457.18 	Sec. 21. Minnesota Statutes 2020, section 256S.02, subdivision 20, is amended to read:
457.19 		Subd. 20.Nursing facility level of care determination. "Nursing facility level of care 
457.20 	determination" refers to determination of institutional level of care described in section 
457.21 	256B.0911, subdivision 4e 26.

457.22 	Sec. 22. Minnesota Statutes 2021 Supplement, section 256S.05, subdivision 2, is amended 
457.23 	to read:
457.24 		Subd. 2.Nursing facility level of care determination required. Notwithstanding other 
457.25 	assessments identified in section 144.0724, subdivision 4, only assessments conducted 
457.26 	according to section 256B.0911, subdivisions 3, 3a, and 3b, that result in a nursing facility 
457.27 	level of care determination at initial and subsequent assessments shall be accepted for 
457.28 	purposes of a participant's initial and ongoing participation in the elderly waiver and a 
457.29 	service provider's access to service payments under this chapter.

458.1 	Sec. 23. Minnesota Statutes 2020, section 256S.06, subdivision 1, is amended to read:
458.2 		Subdivision 1.Initial assessments. A lead agency shall provide each participant with 
458.3 	an initial long-term care consultation assessment of strengths, informal supports, and need 
458.4 	for services according to section 256B.0911, subdivisions 3, 3a, and 3b.

458.5 	Sec. 24. Minnesota Statutes 2020, section 256S.06, subdivision 2, is amended to read:
458.6 		Subd. 2.Annual reassessments. At least every 12 months, a lead agency shall provide 
458.7 	each participant with an annual long-term care consultation reassessment according to 
458.8 	section 256B.0911, subdivisions 3, 3a, and 3b 22 to 25.

458.9 	Sec. 25. Minnesota Statutes 2020, section 256S.10, subdivision 2, is amended to read:
458.10 		Subd. 2.Plan development timeline. Within the timelines established by the 
458.11 	commissioner and section 256B.0911, subdivision 3a, paragraph (e) 29, the case manager 
458.12 	must develop with the participant and the participant must sign the participant's individualized 
458.13 	written coordinated service and support plan.

458.14 	Sec. 26. REVISOR INSTRUCTION.
 458.15 	(a) The revisor of statutes shall change the term "coordinated service and support plan" 
458.16 	and similar terms to "support plan" and similar terms wherever these terms appear in 
458.17 	Minnesota Statutes, sections 144G.911, 245A.11, 245D.02, 245D.04, 245D.05, 245D.051, 
458.18 	245D.06, 245D.061, 245D.07, 245D.071, 245D.081, 245D.09, 245D.091, 245D.095, 
458.19 	245D.11, 245D.22, 245D.31, 252.41, 252.42, 252.44, 252.45, 252A.02, 256B.0913, 
458.20 	256B.092, 256B.49, 256B.4911, 256B.4914, 256B.85, 256S.01, 256S.08, 256S.09, 256S.10, 
458.21 	256S.11, and 325F.722. The revisor shall also make necessary grammatical changes related 
458.22 	to the change in terms in order to preserve the meaning of the text.
458.23 	(b) The revisor of statutes shall change the term "community support plan" and similar 
458.24 	terms to "assessment summary" and similar terms wherever these terms appear in Minnesota 
458.25 	Statutes, sections 245.462, 245.4711, 245.477, 245.4835, 245.4871, 245.4873, 245.4881, 
458.26 	245.4885, 245.4887, 245D.091, 256.975, 256B.0623, 256B.0659, 256B.092, 256B.0922, 
458.27 	256B.4911, 256B.4914, and 256B.85. The revisor shall also make necessary grammatical 
458.28 	changes related to the change in terms in order to preserve the meaning of the text.

458.29 	Sec. 27. EFFECTIVE DATE.
 458.30 	Sections 1 to 26 are effective July 1, 2022.

APPENDIX 

Repealed Minnesota Statutes: H4065-3 

62U.10 HEALTH CARE TRANSFER, SAVINGS, AND REPAYMENT.
No active language found for: 62U.10.3 

144.1911 INTERNATIONAL MEDICAL GRADUATES ASSISTANCE PROGRAM.
No active language found for: 144.1911.10 

144.564 MONITORING OF SUBACUTE OR TRANSITIONAL CARE SERVICES.
No active language found for: 144.564.3 

144A.483 AGENCY QUALITY IMPROVEMENT PROGRAM.
No active language found for: 144A.483.2 

No active language found for: 144G.07.6 

150A.091 FEES.
No active language found for: 150A.091.3 

No active language found for: 150A.091.15 

No active language found for: 150A.091.17 

No active language found for: 245.981 

245A.03 WHO MUST BE LICENSED.
No active language found for: 245A.03.5 

245F.15 STAFF QUALIFICATIONS.
No active language found for: 245F.15.2 

245G.11 STAFF QUALIFICATIONS.
No active language found for: 245G.11.2 

No active language found for: 246.0136 

No active language found for: 246.131 

246B.03 LICENSURE, EVALUATION, AND GRIEVANCE RESOLUTION.
No active language found for: 246B.03.2 

No active language found for: 246B.035 

No active language found for: 252.025.7 

No active language found for: 252.035 

No active language found for: 254A.04 

254A.21 FETAL ALCOHOL SPECTRUM DISORDERS PREVENTION GRANTS.
(a) The commissioner of human services shall award a grant to a statewide organization that focuses solely on prevention of and intervention with fetal alcohol spectrum disorders. The grant recipient must make subgrants to eligible regional collaboratives in rural and urban areas of the state for the purposes specified in paragraph (c). 

(b) "Eligible regional collaboratives" means a partnership between at least one local government or tribal government and at least one community-based organization and, where available, a family home visiting program. For purposes of this paragraph, a local government includes a county or a multicounty organization, a county-based purchasing entity, or a community health board. 

(c) Eligible regional collaboratives must use subgrant funds to reduce the incidence of fetal alcohol spectrum disorders and other prenatal drug-related effects in children in Minnesota by identifying and serving pregnant women suspected of or known to use or abuse alcohol or other drugs. Eligible regional collaboratives must provide intensive services to women with substance use disorder to increase positive birth outcomes. 

(d) An eligible regional collaborative that receives a subgrant under this section must report to the grant recipient by January 15 of each year on the services and programs funded by the subgrant. The report must include measurable outcomes for the previous year, including the number of pregnant women served and the number of toxic-free babies born. The grant recipient must compile the information in the subgrant reports and submit a summary report to the commissioner of human services by February 15 of each year. 

No active language found for: 254B.14.1 

No active language found for: 254B.14.2 

No active language found for: 254B.14.3 

No active language found for: 254B.14.4 

No active language found for: 254B.14.5 

No active language found for: 254B.14.6 

256.01 COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES.
No active language found for: 256.01.31 

256B.057 ELIGIBILITY REQUIREMENTS FOR SPECIAL CATEGORIES.
No active language found for: 256B.057.7 

256B.0638 OPIOID PRESCRIBING IMPROVEMENT PROGRAM.
No active language found for: 256B.0638.7 

256B.0911 LONG-TERM CARE CONSULTATION SERVICES.
No active language found for: 256B.0911.1a 

No active language found for: 256B.0911.2b 

No active language found for: 256B.0911.2c 

No active language found for: 256B.0911.3 

No active language found for: 256B.0911.3a 

No active language found for: 256B.0911.3b 

No active language found for: 256B.0911.3f 

No active language found for: 256B.0911.3g 

No active language found for: 256B.0911.4d 

No active language found for: 256B.0911.4e 

No active language found for: 256B.0911.5 

No active language found for: 256B.0911.6 

256B.0943 CHILDREN'S THERAPEUTIC SERVICES AND SUPPORTS.Subd. 8a.Level II mental health behavioral aide. 
The commissioner of human services, in collaboration with children's mental health providers and the Board of Trustees of the Minnesota State Colleges and Universities, shall develop a certificate program for level II mental health behavioral aides. 

256B.69 PREPAID HEALTH PLANS.
No active language found for: 256B.69.20 

No active language found for: 256D.055 

256R.08 REPORTING OF FINANCIAL STATEMENTS.
No active language found for: 256R.08.2 

501C.0408 TRUST FOR CARE OF ANIMAL.
No active language found for: 501C.0408.4 

No active language found for: 501C.1206 

Repealed Minnesota Session Laws: H4065-3 

Laws 1998, chapter 382, article 1, section 23 by Laws 2022, chapter 98, article 14, section 33
Sec. 23. Laws 1995, chapter 257, article 1, section 34, is amended to read: Sec. 34. REPORT. 
(a) The commissioner of human services shall evaluate all child support programs and enforcement mechanisms 

to determine the following: 

(1) Minnesota's performance on the child support and incentive measures submitted by the federal Office of Child Support to the United States Congress; 

(2) Minnesota's performance relative to other states; 

(3) individual county performance; and  

(4) recommendations for further improvement. 

(b) The commissioner shall evaluate in separate categories the federal, state, and local government costs of child support enforcement in this state. The evaluation must also include a representative sample of private business costs relating to child support enforcement based on a survey of at least 50 Minnesota businesses and nonprofit organizations. 

(c) The commissioner shall also report on the amount of child support arrearages in this state with separate categories for the amount of child support in arrears for 90 days, six months, one year, and two or more years. The report must establish a process for determining when an arrearage is considered uncollectible based on the age of the arrearage and likelihood of collection of the amount owed. The amounts determined to be uncollectible must be deducted from the total amount of outstanding arrearages for purposes of determining arrearages that are considered collectible. 

(d) The first report on these topics shall be submitted to the legislature by January 1, 1999, and subsequent reports shall be submitted biennially before January 15 of each odd-numbered year. 

2960.0460STAFF QUALIFICATIONS. Subp. 2.Qualifications applying to employees with direct resident contact.  
An employee working directly with residents must be at least 21 years of age and must, at the time of hiring, document meeting the qualifications in item A or B. 

A.
 A program director, supervisor, counselor, or any other person who has direct resident contact must be free of chemical use problems for at least the two years immediately preceding hiring and freedom from chemical use problems must be maintained during employment. 

B.
 Overnight staff must be free of chemical use problems for at least one year preceding their hiring and maintain freedom from chemical use problems during their employment. 

9530.6565STAFF QUALIFICATIONS. Subp. 2.Continuing employment requirement.  
License holders must require freedom from chemical use problems as a condition of continuing employment. Staff must remain free of chemical use problems although they are not required to sign statements after the initial statement required by subpart 1, item A. Staff with chemical use problems must be immediately removed from any responsibilities that include direct client contact. 

9555.6255RESIDENT'S RIGHTS. Subpart 1.Information about rights.  
The operator shall ensure that a resident and a resident's legal representative are given, at admission: 

A.
 an explanation and copy of the resident's rights specified in subparts 2 to 7; 

B.
 a written summary of the Vulnerable Adults Act prepared by the department; and 

C.
 the name, address, and telephone number of the local agency to which a resident or a resident's legal representative may submit an oral or written complaint. 

Subp. 2.Right to use telephone.  
A resident has the right to daily, private access to and use of a non-coin operated telephone for local calls and long distance calls made collect or paid for by the resident. 

Subp. 3.Right to receive and send mail.  
A resident has the right to receive and send uncensored, unopened mail. 

Subp. 4. Right to privacy.  
A resident has the right to personal privacy and privacy for visits from others, and the respect of individuality and cultural identity. Privacy must be respected by operators, caregivers, household members, and volunteers by knocking on the door of a resident's bedroom and seeking consent before entering, except in an emergency, and during toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance as noted in the resident's individual record. 

Subp. 5.Right to use personal property.  
A resident has the right to keep and use personal clothing and possessions as space permits, unless to do so would infringe on the health, safety, or rights of other residents or household members. 

Subp. 6.Right to associate.  
A resident has the right to meet with or refuse to meet with visitors and participate in activities of commercial, religious, political, and community groups without interference if the activities do not infringe on the rights of other residents or household members. 

Subp. 7.Married residents.  
Married residents have the right to privacy for visits by their spouses, and, if both spouses are residents of the adult foster home, they have the right to share a bedroom and bed.