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Office of the Revisor of Statutes

Office of the Revisor of Statutes

SF 2443

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 05/07/2025 10:28 a.m.

KEY: stricken = removed, old language.
underscored = added, new language.
Version List SF2443 Authors and Status
PDF Rtf
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 2.1 2.2 2.3 2.4
2.5 2.6
2.7 2.8 2.9 2.10 2.11
2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3
4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22
4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 5.1 5.2 5.3
5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22
5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31
6.1
6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28
7.1 7.2 7.3 7.4 7.5
7.6
7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3
8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17
10.18
10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9
11.10 11.11
11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20
13.21
13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12
14.13 14.14
14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24
15.25
15.26 15.27 15.28 15.29 15.30 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25
16.26
16.27 16.28 16.29 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17
17.18
17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 18.1 18.2 18.3 18.4 18.5 18.6 18.7
18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 19.1 19.2
19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23
19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 20.1 20.2 20.3 20.4 20.5 20.6 20.7
20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16
20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32
22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15
22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30
23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12
23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23
23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4
24.5 24.6 24.7 24.8 24.9
24.10 24.11 24.12 24.13
24.14 24.15
24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22
25.23 25.24
25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3 26.4 26.5
26.6 26.7
26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25
27.26 27.27
27.28 27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3
30.4 30.5
30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25
31.26 31.27
31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 33.1 33.2
33.3 33.4
33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 34.1 34.2 34.3 34.4 34.5 34.6 34.7
34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18
35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4
36.5 36.6 36.7 36.8 36.9 36.10 36.11
36.12 36.13
36.14 36.15 36.16 36.17 36.18 36.19
36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 37.1 37.2 37.3 37.4 37.5
37.6 37.7 37.8 37.9 37.10
37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18
37.19 37.20 37.21 37.22 37.23
37.24 37.25 37.26 37.27 37.28
38.1 38.2 38.3 38.4 38.5
38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7
40.8 40.9 40.10 40.11
40.12
40.13 40.14 40.15 40.16 40.17 40.18 40.19
40.20
40.21 40.22 40.23 40.24 40.25
40.26 40.27 40.28 40.29 41.1 41.2 41.3 41.4
41.5
41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 42.1 42.2 42.3 42.4
42.5 42.6 42.7 42.8
42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19
42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 43.1 43.2 43.3
43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20
43.21 43.22 43.23 43.24 43.25
43.26 43.27 43.28 43.29 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12
44.13 44.14 44.15 44.16 44.17 44.18 44.19
44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25
45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16
46.17
46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19
47.20 47.21 47.22 47.23 47.24 47.25
47.26 47.27 47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20
48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30
49.1 49.2 49.3 49.4
49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28
50.29
50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15
51.16 51.17 51.18 51.19 51.20 51.21 51.22
51.23 51.24
51.25 51.26 51.27 51.28 51.29 51.30 52.1 52.2 52.3 52.4 52.5
52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 53.1 53.2
53.3 53.4 53.5 53.6 53.7 53.8
53.9 53.10
53.11 53.12
53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12
54.13
54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10
58.11
58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29
58.30
59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26
59.27
59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23
60.24
60.25 60.26 60.27 60.28 60.29
60.30
61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11
61.12
61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5
62.6
62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22
62.23
62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12
63.13
63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23
63.24
63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33
64.1
64.2 64.3 64.4 64.5 64.6 64.7 64.8
64.9
64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15
65.16
65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12
66.13
66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11
67.12
67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15
71.16
71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14
72.15
72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13
73.14
73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14
74.15
74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20
75.21
75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3
76.4
76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 77.1 77.2 77.3 77.4 77.5
77.6
77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21
77.22
77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 80.1 80.2
80.3
80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25
83.26
83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29
86.30
86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13
87.14
87.15 87.16 87.17 87.18 87.19 87.20 87.21
87.22
87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8
88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24
88.25
88.26 88.27 88.28 88.29 88.30 89.1 89.2 89.3
89.4
89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22
89.23
89.24 89.25 89.26 89.27
89.28
89.29 89.30 89.31 90.1 90.2
90.3
90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31
91.1
91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23
91.24 91.25 91.26 91.27 91.28 91.29 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21
92.22
92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30
92.31
93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 95.1 95.2
95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11
95.12
95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 96.1 96.2
96.3
96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28
97.29
97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32
98.33
99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13
99.14
99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 100.1 100.2 100.3 100.4 100.5
100.6
100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2
101.3
101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21
101.22
101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13
102.14
102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 109.1 109.2 109.3 109.4 109.5 109.6 109.7
109.8
109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16
109.17
109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31
109.32
110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20
110.21
110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9
111.10
111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29
111.30
112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13
112.14
112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30
112.31
113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8
113.9
113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19
113.20
113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 115.1 115.2 115.3 115.4 115.5
115.6
115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16
115.17
115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1 116.2 116.3 116.4 116.5 116.6
116.7
116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24
116.25
116.26 116.27 116.28 116.29 116.30 116.31 116.32 117.1 117.2 117.3 117.4
117.5
117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15
117.16
117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30
117.31
118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11
118.12
118.13 118.14 118.15 118.16
118.17
118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 119.1 119.2 119.3 119.4
119.5
119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10
122.11
122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 124.1 124.2 124.3 124.4 124.5 124.6 124.7
124.8
124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9
125.10
125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10
126.11
126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 127.1 127.2 127.3
127.4
127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13
127.14
127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 128.1 128.2 128.3 128.4 128.5
128.6
128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14
128.15
128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 129.1 129.2 129.3 129.4 129.5 129.6 129.7
129.8
129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17
129.18
129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8
131.9
131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26
131.27
131.28 131.29 131.30 131.31 131.32 132.1 132.2
132.3
132.4 132.5 132.6 132.7 132.8 132.9 132.10
132.11
132.12 132.13 132.14 132.15
132.16
132.17 132.18
132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 133.1 133.2 133.3 133.4 133.5 133.6 133.7
133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 134.1 134.2 134.3 134.4 134.5 134.6 134.7
134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 135.1 135.2
135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28
135.29 135.30 135.31 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19
137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28
140.29 140.30 140.31 140.32 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29
144.30 144.31 144.32
145.1 145.2
145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30

A bill for an act
 relating to human services; modifying policy provisions relating to aging and
disability services, the Department of Health, Direct Care and Treatment, substance
use disorder treatment services, and certain health insurance claims; amending
Minnesota Statutes 2024, sections 4.046, subdivisions 2, 3; 13.46, subdivisions 3,
4; 15.471, subdivision 6; 43A.241; 62J.495, subdivision 2; 62Q.75, subdivision
3; 97A.441, subdivision 3; 144.0724, subdivisions 2, 3a, 4, 8, 9, 11; 144.53;
144.586, subdivision 2; 144.6502, subdivision 3; 144.651, subdivisions 2, 4, 20,
31, 32; 144.6512, subdivision 3, by adding a subdivision; 144A.04, by adding a
subdivision; 144A.07; 144A.08, by adding a subdivision; 144A.70, subdivisions
3, 7, by adding subdivisions; 144A.751, subdivision 1; 144G.08, by adding
subdivisions; 144G.10, subdivisions 1, 1a, 5; 144G.16, subdivision 3; 144G.45,
by adding a subdivision; 144G.51; 144G.52, by adding a subdivision; 144G.53;
144G.70, subdivision 2; 144G.71, subdivisions 3, 5; 144G.81, subdivisions 1, 5;
144G.92, subdivision 2, by adding a subdivision; 145C.07, by adding a subdivision;
145C.10; 146A.08, subdivision 4; 147.091, subdivision 6; 147A.13, subdivision
6; 148.10, subdivision 1; 148.261, subdivision 5; 148.754; 148B.5905; 148F.09,
subdivision 6; 150A.08, subdivision 6; 151.071, subdivision 10; 153.21, subdivision
2; 153B.70; 168.012, subdivision 1; 244.052, subdivision 4; 245.50, subdivision
2; 245.91, subdivision 2; 245D.10, by adding a subdivision; 245G.05, subdivision
1; 245G.11, subdivision 7; 246.585; 246C.06, subdivision 11; 246C.12, subdivision
6; 246C.20; 252.28, subdivision 2; 252.291, subdivision 3; 252.41, subdivision 3;
252.42; 252.43; 252.44; 252.45; 252.46, subdivision 1a; 252.50, subdivision 5;
253B.07, subdivision 2b; 253B.09, subdivision 3a; 253B.10, subdivision 1;
253B.141, subdivision 2; 253B.18, subdivision 6; 253B.19, subdivision 2; 253D.29,
subdivisions 1, 2, 3; 253D.30, subdivisions 4, 5; 254A.03, subdivision 1; 254B.05,
subdivisions 1, 5; 256.01, subdivisions 2, 5; 256.019, subdivision 1; 256.0281;
256.0451, subdivisions 1, 3, 6, 8, 9, 18, 22, 23, 24; 256.4825; 256.93, subdivision
1; 256.98, subdivision 7; 256B.0911, subdivision 24, by adding subdivisions;
256B.092, subdivisions 1a, 10, 11a; 256B.49, subdivisions 13, 29; 256B.4914,
subdivisions 10a, 10d, 17; 256G.09, subdivisions 4, 5; 256R.38; 256R.40,
subdivision 5; 299F.77, subdivision 2; 342.04; 352.91, subdivision 3f; 401.17,
subdivision 1; 507.071, subdivision 1; 611.57, subdivisions 2, 4; 624.7131,
subdivisions 1, 2; 624.7132, subdivisions 1, 2; 624.714, subdivisions 3, 4; 631.40,
subdivision 3; Laws 2021, First Special Session chapter 7, article 13, sections 73;
75, subdivisions 1, as amended, 2, as amended, 3, as amended, 4, as amended, 5,
as amended, 6, as amended, 7, as amended; proposing coding for new law in
Minnesota Statutes, chapters 144A; 144G; 246C; 253B; 256G; repealing Minnesota
Statutes 2024, sections 144G.9999, subdivisions 1, 2, 3; 245.4862; 246.015,
subdivision 3; 246.50, subdivision 2; 246B.04, subdivision 1a; Laws 2024, chapter
79, article 1, sections 15; 16; 17.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

AGING AND DISABILITY SERVICES POLICY

Section 1.

Minnesota Statutes 2024, section 245D.10, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Prohibited condition of service provision. new text end

new text begin A license holder is prohibited
from requiring a person to have or obtain a guardian or conservator as a condition of receiving
or continuing to receive services regulated under this chapter.
 new text end

Sec. 2.

Minnesota Statutes 2024, section 252.28, subdivision 2, is amended to read:


Subd. 2.

Rules; program standards; licenses.

The commissioner of human services
shall:

(1) Establish uniform rules and program standards for each type of residential and day
facility or service for persons with developmental disabilities, including state hospitals under
control of the executive board and serving persons with developmental disabilities, and
excluding persons with developmental disabilities residing with their families.

(2) Grant licenses according to the provisions of deleted text begin Laws 1976, chapter 243, sections 2 to
13deleted text end new text begin chapter 245Anew text end .

Sec. 3.

Minnesota Statutes 2024, section 252.41, subdivision 3, is amended to read:


Subd. 3.

Day services for adults with disabilities.

(a) "Day services for adults with
disabilities" new text begin or "day services" new text end means services that:

(1) include supervision, training, assistance, support, facility-based work-related activities,
or other community-integrated activities designed and implemented in accordance with the
support plan and support plan addendum required under sections 245D.02, deleted text begin subdivision 4,
paragraphs (b) and (c),deleted text end new text begin subdivisions 4b and 4c,new text end and 256B.092, subdivision 1b, and Minnesota
Rules, part 9525.0004, subpart 12, to help an adult reach and maintain the highest possible
level of independence, productivity, and integration into the community;

(2) include day support services, prevocational services, deleted text begin day training and habilitation
services,deleted text end structured day services, and adult day services as defined in Minnesota's federally
approved disability waiver plans; deleted text begin and
deleted text end

(3) new text begin include day training and habilitation services; and
new text end

new text begin (4) new text end are provided by a vendor licensed under sections 245A.01 to 245A.16, 245D.27 to
245D.31, 252.28, subdivision 2, or 252.41 to 252.46, or Minnesota Rules, parts 9525.1200
to 9525.1330, to provide day services.

(b) Day services reimbursable under this section do not include special education and
related services as defined in the Education of the Individuals with Disabilities Act, United
States Code, title 20, chapter 33, section 1401, clauses (6) and (17), or vocational services
funded under section 110 of the Rehabilitation Act of 1973, United States Code, title 29,
section 720, as amended.

(c) Day services do not include employment exploration, employment development, or
employment support services as defined in the home and community-based services waivers
for people with disabilities authorized under sections 256B.092 and 256B.49.

Sec. 4.

Minnesota Statutes 2024, section 252.42, is amended to read:


252.42 SERVICE PRINCIPLES.

The design and delivery of services eligible for reimbursement should reflect the
following principles:

(1) services must suit a person's chronological age and be provided in the least restrictive
environment possible, consistent with the needs identified in the person's support plan and
support plan addendum required under sectionsnew text begin 245D.02, subdivisions 4b and 4c, andnew text end
256B.092, subdivision 1b, deleted text begin and 245D.02, subdivision 4, paragraphs (b) and (c),deleted text end and Minnesota
Rules, part 9525.0004, subpart 12;

(2) a person with a disability whose individual support plans and support plan addendums
authorize employment or employment-related activities shall be given the opportunity to
participate in employment and employment-related activities in which nondisabled persons
participate;

(3) a person with a disability participating in work shall be paid wages commensurate
with the rate for comparable work and productivity except as regional centers are governed
by section 246.151;

(4) a person with a disability shall receive services which include services offered in
settings used by the general public and designed to increase the person's active participation
in ordinary community activities;

(5) a person with a disability shall participate in the patterns, conditions, and rhythms
of everyday living and working that are consistent with the norms of the mainstream of
society.

Sec. 5.

Minnesota Statutes 2024, section 252.43, is amended to read:


252.43 COMMISSIONER'S DUTIES.

(a) The commissioner shall supervise lead agencies' provision of day services to adults
with disabilities. The commissioner shall:

(1) determine the need for day deleted text begin programsdeleted text end new text begin services, except for adult day services,new text end under
sections 256B.4914 and 252.41 to 252.46new text begin operated in a day services facility licensed under
sections 245D.27 to 245D.31new text end ;

deleted text begin (2) establish payment rates as provided under section deleted text end deleted text begin ;
 deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end adopt rules for the administration and provision of day services under sections
245A.01 to 245A.16; 252.28, subdivision 2; or 252.41 to 252.46; or Minnesota Rules, parts
9525.1200 to 9525.1330;

deleted text begin (4)deleted text end new text begin (3)new text end enter into interagency agreements necessary to ensure effective coordination and
provision of day services;

deleted text begin (5)deleted text end new text begin (4)new text end monitor and evaluate the costs and effectiveness of day services; and

deleted text begin (6)deleted text end new text begin (5)new text end provide information and technical help to lead agencies and vendors in their
administration and provision of day services.

(b) A determination of need in paragraph (a), clause (1), shall not be required for a
change in day service provider name or ownership.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 6.

Minnesota Statutes 2024, section 252.44, is amended to read:


252.44 LEAD AGENCY BOARD RESPONSIBILITIES.

When the need for day services in a county or tribe has been determined under section
deleted text begin 252.28deleted text end new text begin 252.43new text end , the board of commissioners for that lead agency shall:

(1) authorize the delivery of new text begin day new text end services according to the support plans and support
plan addendums required as part of the lead agency's provision of case management services
under sections deleted text begin 256B.0913, subdivision 8;deleted text end 256B.092, subdivision 1bdeleted text begin ;deleted text end new text begin , andnew text end 256B.49,
subdivision 15deleted text begin ;deleted text end new text begin ,new text end and deleted text begin 256S.10 anddeleted text end Minnesota Rules, parts 9525.0004 to 9525.0036;

(2) ensure that transportation is provided or arranged by the vendor in the most efficient
and reasonable way possible; and

(3) monitor and evaluate the cost and effectiveness of the services.

Sec. 7.

Minnesota Statutes 2024, section 252.45, is amended to read:


252.45 VENDOR'S DUTIES.

A day service vendor enrolled with the commissioner is responsible for items under
clauses (1), (2), and (3), and extends only to the provision of services that are reimbursable
under state and federal law. A vendor providing day services shall:

(1) provide the amount and type of services authorized in the individual service plan
under the support plan and support plan addendum required under sections 245D.02,
deleted text begin subdivision 4, paragraphs (b) and (c)deleted text end new text begin subdivisions 4b and 4cnew text end , and 256B.092, subdivision
1b, and Minnesota Rules, part 9525.0004, subpart 12;

(2) design the services to achieve the outcomes assigned to the vendor in the support
plan and support plan addendum required under sections 245D.02, deleted text begin subdivision 4, paragraphs
(a) and (b)deleted text end new text begin subdivisions 4b and 4cnew text end , and 256B.092, subdivision 1b, and Minnesota Rules,
part 9525.0004, subpart 12;

(3) provide or arrange for transportation of persons receiving services to and from service
sites;

(4) enter into agreements with community-based intermediate care facilities for persons
with developmental disabilities to ensure compliance with applicable federal regulations;
and

(5) comply with state and federal law.

Sec. 8.

Minnesota Statutes 2024, section 252.46, subdivision 1a, is amended to read:


Subd. 1a.

Day training and habilitation rates.

The commissioner shall establish deleted text begin a
statewide rate-setting methodologydeleted text end new text begin ratesnew text end for all day training and habilitation services deleted text begin as
provided under section 256B.4914. The rate-setting methodology must abide by the principles
of transparency and equitability across the state. The methodology must involve a uniform
process of structuring rates for each service and must promote quality and participant choicedeleted text end new text begin
and for transportation delivered as a part of day training and habilitation services. The
commissioner shall consult with impacted groups prior to making modifications to rates
under this sectionnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
 new text end

Sec. 9.

Minnesota Statutes 2024, section 256B.0911, subdivision 24, is amended to read:


Subd. 24.

Remote reassessments.

(a) Assessments performed according to subdivisions
17 to 20 and 23 must be in person unless the assessment is a reassessment meeting the
requirements of this subdivision. Remote reassessments conducted by interactive video or
telephone may substitute for in-person reassessments.

(b) For services provided by the developmental disabilities waiver under section
256B.092, and the community access for disability inclusion, community alternative care,
and brain injury waiver programs under section 256B.49, remote reassessments may be
substituted for deleted text begin twodeleted text end new text begin fournew text end consecutive reassessments if followed by an in-person reassessment.

(c) For services provided by alternative care under section 256B.0913, essential
community supports under section 256B.0922, and the elderly waiver under chapter 256S,
remote reassessments may be substituted for one reassessment if followed by an in-person
reassessment.

(d) For personal care assistance provided under section 256B.0659 and community first
services and supports provided under section 256B.85, remote reassessments may be
substituted for two consecutive reassessments if followed by an in-person reassessment.

(e) A remote reassessment is permitted only if the lead agency provides informed choice
and the person being reassessed or the person's legal representative provides informed
consent for a remote assessment. Lead agencies must document that informed choice was
offered.

(f) The person being reassessed, or the person's legal representative, may refuse a remote
reassessment at any time.

(g) During a remote reassessment, if the certified assessor determines an in-person
reassessment is necessary in order to complete the assessment, the lead agency shall schedule
an in-person reassessment.

(h) All other requirements of an in-person reassessment apply to a remote reassessment,
including updates to a person's support plan.

Sec. 10.

Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
to read:


new text begin Subd. 24a. new text end

new text begin Verbal attestation to replace required reassessment signatures. new text end

new text begin Effective
January 1, 2026, or upon federal approval, whichever is later, the commissioner shall allow
for verbal attestation to replace required reassessment signatures.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 11.

Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
to read:


new text begin Subd. 25a. new text end

new text begin Attesting to no changes in needs or services. new text end

new text begin (a) A person who is 22 to 64
years of age and receiving home and community-based waiver services under the
developmental disabilities waiver program under section 256B.092; community access for
disability inclusion, community alternative care, and brain injury waiver programs under
section 256B.49; and community first services and supports under section 256B.85 may
attest that they have unchanged needs from the most recent prior assessment or reassessment
for up to two consecutive reassessments, if the lead agency provides informed choice and
the person being reassessed or the person's legal representative provides informed consent.
Lead agencies must document that informed choice was offered.
 new text end

new text begin (b) The person or person's legal representative must attest, verbally or through alternative
communications, that the information provided in the previous assessment or reassessment
is still accurate and applicable and that no changes in their circumstances have occurred
that would require changes from the most recent prior assessment or reassessment. The
person or the person's legal representative may request a full reassessment at any time.
 new text end

new text begin (c) The assessor must review the most recent prior assessment or reassessment as required
in subdivision 22, paragraphs (a) and (b), clause (1), before conducting the interview. The
certified assessor must confirm that the information from the previous assessment or
reassessment is current.
 new text end

new text begin (d) The assessment conducted under this section must:
 new text end

new text begin (1) verify current assessed support needs;
 new text end

new text begin (2) confirm continued need for the currently assessed level of care;
 new text end

new text begin (3) inform the person of alternative long-term services and supports available;
 new text end

new text begin (4) provide informed choice of institutional or home and community-based services;
and
 new text end

new text begin (5) identify changes in need that may require a full reassessment.
 new text end

new text begin (e) The assessor must ensure that any new assessment items or requirements mandated
by federal or state authority are addressed and the person must provide required information.
 new text end

Sec. 12.

Minnesota Statutes 2024, section 256B.092, subdivision 1a, is amended to read:


Subd. 1a.

Case management services.

(a) Each recipient of a home and community-based
waiver shall be provided case management services by qualified vendors as described in
the federally approved waiver application.

(b) Case management service activities provided to or arranged for a person include:

(1) development of the person-centered support plan under subdivision 1b;

(2) informing the individual or the individual's legal guardian or conservator, or parent
if the person is a minor, of service options, including all service options available under the
waiver plan;

(3) consulting with relevant medical experts or service providers;

(4) assisting the person in the identification of potential providers of chosen services,
including:

(i) providers of services provided in a non-disability-specific setting;

(ii) employment service providers;

(iii) providers of services provided in settings that are not controlled by a provider; and

(iv) providers of financial management services;

(5) assisting the person to access services and assisting in appeals under section 256.045;

(6) coordination of services, if coordination is not provided by another service provider;

(7) evaluation and monitoring of the services identified in the support plan, which must
incorporate at least one annual face-to-face visit by the case manager with each person; and

(8) reviewing support plans and providing the lead agency with recommendations for
service authorization based upon the individual's needs identified in the support plan.

(c) Case management service activities that are provided to the person with a
developmental disability shall be provided directly by county agencies or under contract.
If a county agency contracts for case management services, the county agency must provide
each recipient of home and community-based services who is receiving contracted case
management services with the contact information the recipient may use to file a grievance
with the county agency about the quality of the contracted services the recipient is receiving
from a county-contracted case manager. If a county agency provides case management
under contracts with other individuals or agencies and the county agency utilizes a
competitive proposal process for the procurement of contracted case management services,
the competitive proposal process must include evaluation criteria to ensure that the county
maintains a culturally responsive program for case management services adequate to meet
the needs of the population of the county. For the purposes of this section, "culturally
responsive program" means a case management services program that: (1) ensures effective,
equitable, comprehensive, and respectful quality care services that are responsive to
individuals within a specific population's values, beliefs, practices, health literacy, preferred
language, and other communication needs; and (2) is designed to address the unique needs
of individuals who share a common language or racial, ethnic, or social background.

(d) Case management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to meet all of
the requirements in the approved federal waiver plans. Case management services must not
be provided to a recipient by a private agency that has a financial interest in the provision
of any other services included in the recipient's support plan. For purposes of this section,
"private agency" means any agency that is not identified as a lead agency under section
256B.0911, subdivision 10.

(e) Case managers are responsible for service provisions listed in paragraphs (a) and
(b). Case managers shall collaborate with consumers, families, legal representatives, and
relevant medical experts and service providers in the development and annual review of the
person-centered support plan and habilitation plan.

(f) For persons who need a positive support transition plan as required in chapter 245D,
the case manager shall participate in the development and ongoing evaluation of the plan
with the expanded support team. At least quarterly, the case manager, in consultation with
the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:

(1) phasing out the use of prohibited procedures;

(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and

(3) accomplishment of identified outcomes.

If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.

(g) The Department of Human Services shall offer ongoing education in case management
to case managers. Case managers shall receive no less than 20 hours of case management
education and disability-related training each year. The education and training must include
person-centered planning, informed choice,new text begin informed decision making,new text end cultural competency,
employment planning, community living planning, self-direction options, and use of
technology supports.new text begin Case managers must annually complete an informed choice curriculum
and pass a competency evaluation, in a form determined by the commissioner, on informed
decision-making standards.new text end By August 1, 2024, all case managers must complete an
employment support training course identified by the commissioner of human services. For
case managers hired after August 1, 2024, this training must be completed within the first
six months of providing case management services. For the purposes of this section,
"person-centered planning" or "person-centered" has the meaning given in section 256B.0911,
subdivision 10. Case managers must document completion of training in a system identified
by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025.
 new text end

Sec. 13.

Minnesota Statutes 2024, section 256B.092, subdivision 11a, is amended to read:


Subd. 11a.

Residential support services criteria.

(a) For the purposes of this subdivision,
"residential support services" means the following residential support services reimbursed
under section 256B.4914: community residential services, customized living services, and
24-hour customized living services.

(b) In order to increase independent living options for people with disabilities and in
accordance with section 256B.4905, subdivisions deleted text begin 3deleted text end deleted text begin and 4deleted text end new text begin 7 and 8new text end , and consistent with
section 245A.03, subdivision 7, the commissioner must establish and implement criteria to
access residential support services. The criteria for accessing residential support services
must prohibit the commissioner from authorizing residential support services unless at least
all of the following conditions are met:

(1) the individual has complex behavioral health or complex medical needs; and

(2) the individual's service planning team has considered all other available residential
service options and determined that those options are inappropriate to meet the individual's
support needs.

(c) Nothing in this subdivision shall be construed as permitting the commissioner to
establish criteria prohibiting the authorization of residential support services for individuals
described in the statewide priorities established in subdivision 12, the transition populations
in subdivision 13, and the licensing moratorium exception criteria under section 245A.03,
subdivision 7, paragraph (a).

(d) Individuals with active service agreements for residential support services on the
date that the criteria for accessing residential support services become effective are exempt
from the requirements of this subdivision, and the exemption from the criteria for accessing
residential support services continues to apply for renewals of those service agreements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 90 days following federal approval of
Laws 2021, First Special Session chapter 7, article 13, section 18.
 new text end

Sec. 14.

Minnesota Statutes 2024, section 256B.49, subdivision 13, is amended to read:


Subd. 13.

Case management.

(a) Each recipient of a home and community-based waiver
shall be provided case management services by qualified vendors as described in the federally
approved waiver application. The case management service activities provided must include:

(1) finalizing the person-centered written support plan within the timelines established
by the commissioner and section 256B.0911, subdivision 29;

(2) informing the recipient or the recipient's legal guardian or conservator of service
options, including all service options available under the waiver plans;

(3) assisting the recipient in the identification of potential service providers of chosen
services, including:

(i) available options for case management service and providers;

(ii) providers of services provided in a non-disability-specific setting;

(iii) employment service providers;

(iv) providers of services provided in settings that are not community residential settings;
and

(v) providers of financial management services;

(4) assisting the recipient to access services and assisting with appeals under section
256.045; and

(5) coordinating, evaluating, and monitoring of the services identified in the service
plan.

(b) The case manager may delegate certain aspects of the case management service
activities to another individual provided there is oversight by the case manager. The case
manager may not delegate those aspects which require professional judgment including:

(1) finalizing the person-centered support plan;

(2) ongoing assessment and monitoring of the person's needs and adequacy of the
approved person-centered support plan; and

(3) adjustments to the person-centered support plan.

(c) Case management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to meet all of
the requirements in the approved federal waiver plans. If a county agency provides case
management under contracts with other individuals or agencies and the county agency
utilizes a competitive proposal process for the procurement of contracted case management
services, the competitive proposal process must include evaluation criteria to ensure that
the county maintains a culturally responsive program for case management services adequate
to meet the needs of the population of the county. For the purposes of this section, "culturally
responsive program" means a case management services program that: (1) ensures effective,
equitable, comprehensive, and respectful quality care services that are responsive to
individuals within a specific population's values, beliefs, practices, health literacy, preferred
language, and other communication needs; and (2) is designed to address the unique needs
of individuals who share a common language or racial, ethnic, or social background.

(d) Case management services must not be provided to a recipient by a private agency
that has any financial interest in the provision of any other services included in the recipient's
support plan. For purposes of this section, "private agency" means any agency that is not
identified as a lead agency under section 256B.0911, subdivision 10.

(e) For persons who need a positive support transition plan as required in chapter 245D,
the case manager shall participate in the development and ongoing evaluation of the plan
with the expanded support team. At least quarterly, the case manager, in consultation with
the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:

(1) phasing out the use of prohibited procedures;

(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and

(3) accomplishment of identified outcomes.

If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.

(f) The Department of Human Services shall offer ongoing education in case management
to case managers. Case managers shall receive no less than 20 hours of case management
education and disability-related training each year. The education and training must include
person-centered planning, informed choice, new text begin informed decision making, new text end cultural competency,
employment planning, community living planning, self-direction options, and use of
technology supports. new text begin Case managers must annually complete an informed choice curriculum
and pass a competency evaluation, in a form determined by the commissioner, on informed
decision-making standards. new text end By August 1, 2024, all case managers must complete an
employment support training course identified by the commissioner of human services. For
case managers hired after August 1, 2024, this training must be completed within the first
six months of providing case management services. For the purposes of this section,
"person-centered planning" or "person-centered" has the meaning given in section 256B.0911,
subdivision 10. Case managers shall document completion of training in a system identified
by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025.
 new text end

Sec. 15.

Minnesota Statutes 2024, section 256B.49, subdivision 29, is amended to read:


Subd. 29.

Residential support services criteria.

(a) For the purposes of this subdivision,
"residential support services" means the following residential support services reimbursed
under section 256B.4914: community residential services, customized living services, and
24-hour customized living services.

(b) In order to increase independent living options for people with disabilities and in
accordance with section 256B.4905, subdivisions deleted text begin 3 and 4deleted text end new text begin 7 and 8new text end , and consistent with
section 245A.03, subdivision 7, the commissioner must establish and implement criteria to
access residential support services. The criteria for accessing residential support services
must prohibit the commissioner from authorizing residential support services unless at least
all of the following conditions are met:

(1) the individual has complex behavioral health or complex medical needs; and

(2) the individual's service planning team has considered all other available residential
service options and determined that those options are inappropriate to meet the individual's
support needs.

new text begin (c) new text end Nothing in this subdivision shall be construed as permitting the commissioner to
establish criteria prohibiting the authorization of residential support services for individuals
described in the statewide priorities established in subdivision deleted text begin 12deleted text end new text begin 11anew text end , the transition
populations in subdivision deleted text begin 13deleted text end new text begin 24new text end , and the licensing moratorium exception criteria under
section 245A.03, subdivision 7, paragraph (a).

deleted text begin (c)deleted text end new text begin (d)new text end Individuals with active service agreements for residential support services on the
date that the criteria for accessing residential support services become effective are exempt
from the requirements of this subdivision, and the exemption from the criteria for accessing
residential support services continues to apply for renewals of those service agreements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 90 days following federal approval of
Laws 2021, First Special Session chapter 7, article 13, section 30.
 new text end

Sec. 16.

Minnesota Statutes 2024, section 256B.4914, subdivision 10a, is amended to
read:


Subd. 10a.

Reporting and analysis of cost data.

(a) The commissioner must ensure
that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the
service. As determined by the commissioner, in consultation with stakeholders identified
in subdivision 17, a provider enrolled to provide services with rates determined under this
section must submit requested cost data to the commissioner to support research on the cost
of providing services that have rates determined by the disability waiver rates system.
Requested cost data may include, but is not limited to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) vacancy rates; and

(11) other data relating to costs required to provide services requested by the
commissioner.

(b) At least once in any five-year period, a provider must submit cost data for a fiscal
year that ended not more than 18 months prior to the submission date. The commissioner
shall provide each provider a 90-day notice prior to its submission due date. If a provider
fails to submit required reporting data, the commissioner shall provide notice to providers
that have not provided required data 30 days after the required submission date, and a second
notice for providers who have not provided required data 60 days after the required
submission date. The commissioner shall temporarily suspend payments to the provider if
cost data is not received 90 days after the required submission date. Withheld payments
shall be made once data is received by the commissioner.

(c) The commissioner shall conduct a random validation of data submitted under
paragraph (a) to ensure data accuracy. The commissioner shall analyze cost documentation
in paragraph (a) and provide recommendations for adjustments to cost components.

(d) The commissioner shall analyze cost data submitted under paragraph (a). The
commissioner shall release cost data in an aggregate form. Cost data from individual
providers must not be released except as provided for in current law.

(e) new text begin Beginning January 1, 2029, new text end the commissioner shall use data collected in paragraph
(a) to determine the compliance with requirements identified under subdivision 10d. The
commissioner shall identify providers who have not met the thresholds identified under
subdivision 10d on the Department of Human Services website for the year for which the
providers reported their costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2025.
 new text end

Sec. 17.

Minnesota Statutes 2024, section 256B.4914, subdivision 10d, is amended to
read:


Subd. 10d.

Direct care staff; compensation.

(a) A provider paid with rates determined
under subdivision 6 must use a minimum of 66 percent of the revenue generated by rates
determined under that subdivision for direct care staff compensation.

(b) A provider paid with rates determined under subdivision 7 must use a minimum of
45 percent of the revenue generated by rates determined under that subdivision for direct
care staff compensation.

(c) A provider paid with rates determined under subdivision 8 or 9 must use a minimum
of 60 percent of the revenue generated by rates determined under those subdivisions for
direct care staff compensation.

(d) Compensation under this subdivision includes:

(1) wages;

(2) taxes and workers' compensation;

(3) health insurance;

(4) dental insurance;

(5) vision insurance;

(6) life insurance;

(7) short-term disability insurance;

(8) long-term disability insurance;

(9) retirement spending;

(10) tuition reimbursement;

(11) wellness programs;

(12) paid vacation time;

(13) paid sick time; or

(14) other items of monetary value provided to direct care staff.

new text begin (e) This subdivision does not apply to a provider licensed as an assisted living facility
by the commissioner of health under chapter 144G.
 new text end

new text begin (f) This subdivision is effective January 1, 2029, and applies to services provided on or
after that date.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2025.
 new text end

Sec. 18.

Minnesota Statutes 2024, section 256B.4914, subdivision 17, is amended to read:


Subd. 17.

Stakeholder consultation and county training.

(a) The commissioner shall
continue consultation at regular intervals with the existing stakeholder group established
as part of the rate-setting methodology process and others, to gather input, concerns, and
data, to assist in the implementation of the rate payment system, and to make pertinent
information available to the public through the department's website.

(b) The commissioner shall offer training at least annually for county personnel
responsible for administering the rate-setting framework in a manner consistent with this
section.

(c) The commissioner shall maintain an online instruction manual explaining the
rate-setting framework. The manual shall be consistent with this section, and shall be
accessible to all stakeholders including recipients, representatives of recipients, county or
Tribal agencies, and license holders.

(d) The commissioner shall not defer to the county or Tribal agency on matters of
technical application of the rate-setting framework, and a county or Tribal agency shall not
set rates in a manner that conflicts with this section.

new text begin (e) The commissioner must consult with existing stakeholder groups as required under
this subdivision to periodically review, update, and revise the format by which initiators of
rate exception requests and lead agencies collect and submit information about individuals
with exceptional needs under subdivision 14.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 19.

Minnesota Statutes 2024, section 256R.38, is amended to read:


256R.38 PERFORMANCE-BASED INCENTIVE PAYMENTS.

The commissioner shall develop additional incentive-based payments of up to five
percent above a facility's operating payment rate for achieving outcomes specified in a
contract. The commissioner may solicit proposals and select those which, on a competitive
basis, best meet the state's policy objectives. The commissioner shall limit the amount of
any incentive payment and the number of contract amendments under this section to operate
the incentive payments within funds appropriated for this purpose. The commissioner shall
approve proposals through a memorandum of understanding which shall specify various
levels of payment for various levels of performance. Incentive payments to facilities under
this section shall be in the form of time-limited rate adjustments which shall be included in
the external fixednew text begin costsnew text end payment rate under section 256R.25. In establishing the specified
outcomes and related criteria, the commissioner shall consider the following state policy
objectives:

(1) successful diversion or discharge of residents to the residents' prior home or other
community-based alternatives;

(2) adoption of new technology to improve quality or efficiency;

(3) improved quality as measured in the Minnesota Nursing Home Report Card;

(4) reduced acute care costs; and

(5) any additional outcomes proposed by a nursing facility that the commissioner finds
desirable.

Sec. 20.

Minnesota Statutes 2024, section 256R.40, subdivision 5, is amended to read:


Subd. 5.

Planned closure rate adjustment.

(a) The commissioner shall calculate the
amount of the planned closure rate adjustment available under subdivision 6 according to
clauses (1) to (4):

(1) the amount available is the net reduction of nursing facility beds multiplied by $2,080;

(2) the total number of beds in the nursing facility or facilities receiving the planned
closure rate adjustment must be identified;

(3) capacity days are determined by multiplying the number determined under clause
(2) by 365; and

(4) the planned closure rate adjustment is the amount available in clause (1), divided by
capacity days determined under clause (3).

(b) A planned closure rate adjustment under this section is effective on the first day of
the month of January or July, whichever occurs immediately following completion of closure
of the facility designated for closure in the application and becomes part of the nursing
facility's external fixednew text begin costsnew text end payment rate.

(c) Upon the request of a closing facility, the commissioner must allow the facility a
closure rate adjustment as provided under section 144A.161, subdivision 10.

(d) A facility that has received a planned closure rate adjustment may reassign it to
another facility that is under the same ownership at any time within three years of its effective
date. The amount of the adjustment is computed according to paragraph (a).

(e) If the per bed dollar amount specified in paragraph (a), clause (1), is increased, the
commissioner shall recalculate planned closure rate adjustments for facilities that delicense
beds under this section on or after July 1, 2001, to reflect the increase in the per bed dollar
amount. The recalculated planned closure rate adjustment is effective from the date the per
bed dollar amount is increased.

Sec. 21.

Laws 2021, First Special Session chapter 7, article 13, section 73, is amended to
read:


Sec. 73. WAIVER REIMAGINE PHASE II.

(a) new text begin After receiving federal approval, new text end the commissioner of human services must implement
a two-home and community-based services waiver program structure, as authorized under
section 1915(c) of the federal Social Security Act, that serves persons who are determined
by a certified assessor to require the levels of care provided in a nursing home, a hospital,
a neurobehavioral hospital, or an intermediate care facility for persons with developmental
disabilities.

(b) The commissioner of human services must implement an individualized budget
methodology, as authorized under section 1915(c) of the federal Social Security Act, that
serves persons who are determined by a certified assessor to require the levels of care
provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate care
facility for persons with developmental disabilities.

(c) The commissioner of human services may seek all federal authority necessary to
implement this sectionnew text begin after receiving legislative approval of the final draft waiver plannew text end .

(d) The commissioner must ensure that the new waiver service menu and individual
budgets allow people to live in their own home, family home, or any home and
community-based setting of their choice. The commissioner must ensure, within available
resources and subject to state and federal regulations and law, that waiver reimagine does
not result in unintended service disruptions.

Sec. 22.

Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 1,
as amended by Laws 2024, chapter 108, article 1, section 28, subdivision 1, is amended to
read:


Subdivision 1.

Stakeholder consultation; generally.

(a) The commissioner of human
services must consult with and seek input and assistance from stakeholders concerning
potential adjustments deleted text begin to the streamlined service menu from waiver reimagine phase Ideleted text end and
to the existing rate exemption criteria and process.

(b) The commissioner of human services must consult with, seek input and assistance
from, and collaborate with stakeholders concerning the development and implementation
of waiver reimagine phase II, including criteria and a process for individualized budget
exemptions, and how waiver reimagine phase II can support and expand informed choice
and informed decision making, including integrated employment, independent living, and
self-direction, consistent with Minnesota Statutes, section 256B.4905.

(c) The commissioner of human services must consult with, seek input and assistance
from, and collaborate with stakeholders concerning the implementation and revisions of
the MnCHOICES 2.0 assessment tool.

Sec. 23.

Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 2,
as amended by Laws 2024, chapter 108, article 1, section 28, subdivision 2, is amended to
read:


Subd. 2.

Public stakeholder engagement.

The commissioner must offer a public method
to regularly receive input and concerns from people with disabilities and their families about
waiver reimagine phase II. The deleted text begin commissionerdeleted text end new text begin assistant commissioner of aging and disability
servicesnew text end shall new text begin personally new text end provide quarterly public updates on policy development and on
how recent stakeholder input is being incorporated into the current development and
implementation of waiver reimagine phase II.

Sec. 24.

Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 3,
as amended by Laws 2024, chapter 108, article 1, section 28, subdivision 3, is amended to
read:


Subd. 3.

Waiver Reimagine Advisory Committee.

(a) The commissioner must convene,
at regular intervals throughout the development and implementation of waiver reimagine
phase II, a Waiver Reimagine Advisory Committee that consists of a group of diverse,
representative stakeholders. The commissioner must solicit and endeavor to include racially,
ethnically, and geographically diverse membership from each of the following groups:

(1) people with disabilities who use waiver services;

(2) family members of people who use waiver services;

(3) disability and behavioral health advocates;

(4) lead agency representatives; and

(5) waiver service providers.

new text begin (b) The commissioner must ensure that the membership of the Waiver Reimagine
Advisory Committee includes:
 new text end

new text begin (1) two individuals presently receiving waiver benefits who are under the age of 65, at
least one of whom must be assessed to receive ten or more hours of waiver services per
day;
 new text end

new text begin (2) one county employee who conducts long-term care consultation services assessments
for persons under the age of 65;
 new text end

new text begin (3) one representative of the Department of Human Services with knowledge of the
requirements for a provider to participate in waiver service programs and of the
administration of benefits;
 new text end

new text begin (4) one employee of the Minnesota Council on Disability;
 new text end

new text begin (5) two family members of individuals under the age of 18 who are receiving waivered
services;
 new text end

new text begin (6) two family members of individuals aged 18 or older and under age 65 who are
receiving waivered services;
 new text end

new text begin (7) two providers of waivered services for persons who are under the age of 65;
 new text end

new text begin (8) one member of the Council on Developmental Disabilities;
 new text end

new text begin (9) one employee from the Office of Ombudsman for Mental Health and Developmental
Disabilities;
 new text end

new text begin (10) one employee from the Olmstead Implementation Office; and
 new text end

new text begin (11) one member from the Home Care Association.
 new text end

deleted text begin (b)deleted text end new text begin (c)new text end The assistant commissioner of aging and disability services must attend and
new text begin actively new text end participate in meetings of the Waiver Reimagine Advisory Committee.new text begin The assistant
commissioner may not delegate attendance or active participation.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end The Waiver Reimagine Advisory Committee must have the opportunity to
collaborate in a meaningful way in developing and providing feedback on proposed plans
for waiver reimagine components, including an individual budget methodology, criteria
and a process for individualized budget exemptions, the consolidation of the four current
home and community-based waiver service programs into two-waiver programs, the role
of assessments and the MnCHOICES 2.0 assessment tool in determining service needs and
individual budgets, and other aspects of waiver reimagine phase II.

deleted text begin (d)deleted text end new text begin (e)new text end The Waiver Reimagine Advisory Committee must have an opportunity to assist
in the development of and provide feedback on proposed adjustments and modifications to
the streamlined menu of services and the existing rate exception criteria and process.

Sec. 25.

Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 4,
as amended by Laws 2024, chapter 108, article 1, section 28, is amended to read:


Subd. 4.

Required report.

Prior to seeking federal approval for any aspect of waiver
reimagine phase II and new text begin no later than December 15, 2026, new text end in collaboration with the Waiver
Reimagine Advisory Committee, the commissioner must submit to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over health
and human services a report on plans for waiver reimagine phase IInew text begin , as well as the actual
Waiver Reimagine waiver plan intended to be submitted for federal approvalnew text end . The report
must deleted text begin alsodeleted text end include deleted text begin any plans todeleted text end new text begin a clear explanation of how the proposed waiver plan submitted
with the report willnew text end adjust or modify deleted text begin the streamlined menu of services,deleted text end the existing rate new text begin or
budget new text end exemption criteria or processdeleted text begin , thedeleted text end new text begin ; will establishnew text end proposed individual deleted text begin budget ranges,deleted text end new text begin
budgets based on the assessed needs of the individual, not location of services; will supply
the additional resources required for the individual to live in the least restrictive environment;new text end
and deleted text begin the role ofdeleted text end new text begin will utilize thenew text end MnCHOICES 2.0 assessment tool deleted text begin in determiningdeleted text end new text begin to determinenew text end
service needs and individual deleted text begin budget rangesdeleted text end new text begin budgetsnew text end .

Sec. 26.

Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 5,
as amended by Laws 2024, chapter 108, article 1, section 28, is amended to read:


Subd. 5.

Transition process.

(a) Prior to implementation of wavier reimagine phase II,
the commissioner must establish a process to assist people who use waiver services and
lead agencies new text begin to new text end transition to a two-waiver system with an individual budget methodology.

(b) The commissioner must ensure that the new waiver service menu and individual
budgets allow people to live in their own home, family home, or any home and
community-based setting of their choicenew text begin , including ensuring that the assessment tool used
to set individual budgets covers necessary services and resources to live in the least restrictive
environmentnew text end . The commissioner must ensure, subject to state and federal regulations and
law, that waiver reimagine does not result in unintended service disruptions. new text begin The
commissioner must ensure that individual budgets are set based on the assessed needs of
the individual, and include additional resources required for the individual to live in the
least restrictive environment. The commissioner must ensure that individual budgets are
not tied merely to the location of service.
new text end

Sec. 27.

Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 6,
as amended by Laws 2024, chapter 108, article 1, section 28, subdivision 6, is amended to
read:


Subd. 6.

Online support planning tool.

The commissioner must develop an online
support planning and tracking tool for people using disability waiver services that allows
access to the total budget available to the person, the services for which they are eligible,
and the services they have chosen and used. The commissioner must explore operability
options that would facilitate real-time tracking of a person's remaining available budget
throughout the service year. The online support planning tool must provide information in
an accessible format to support the person's informed choice. The commissioner must seek
input from people with disabilities new text begin and the Waiver Reimagine Advisory Committee new text end about
the online support planning tool prior to its implementation.

Sec. 28.

Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 7,
as amended by Laws 2024, chapter 108, article 1, section 28, subdivision 7, is amended to
read:


Subd. 7.

Curriculum and training.

The commissionernew text begin , in consultation with the Waiver
Reimagine Advisory Committee,new text end must develop and implement a curriculum and training
plan to ensure all lead agency assessors and case managers have the knowledge and skills
necessary to comply with informed decision making for people who used home and
community-based disability waivers. Training and competency evaluations must be completed
annually by all staff responsible for case management as described in Minnesota Statutes,
sections 256B.092, subdivision 1a, paragraph (f), and 256B.49, subdivision 13, paragraph
(e).

Sec. 29. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; INPUT ON
WAIVER REIMAGINE PLAN.
new text end

new text begin (a) Notwithstanding Laws 2021, First Special Session chapter 7, article 13, section 73,
as amended in this act, and Laws 2021, First Special Session chapter 7, article 13, section
75, as amended by Laws 2024, chapter 108, article 1, section 28 and this act, prior to seeking
federal approval for a Waiver Reimagine plan or implementation of the same, the
commissioner of human services must first submit the Waiver Reimagine plan to the Waiver
Reimagine Advisory Committee, to the legislature, and to all waiver service recipients in
a specific communication directly to the recipients in a format the recipient can retrieve,
allowing at least six months for review and input and for the commissioner to make any
changes to the plan as a result of the input.
 new text end

new text begin (b) The commissioner of human services shall not submit the Waiver Reimagine plan
for federal approval without first receiving approval from the legislature.
 new text end

Sec. 30. new text begin IMPLEMENTATION OF WAIVER REIMAGINE DEVELOPMENT
CHANGES.
new text end

new text begin The commissioner of human services must use existing resources to implement the
changes to the process of developing the Waiver Reimagine waiver plan contained in this
article.
 new text end

Sec. 31. new text begin IMPLEMENTATION OF ASSESSMENT POLICY CHANGES.
new text end

new text begin The commissioner of human services must use existing resources to implement the
policy modifications specified in the amendments to Minnesota Statutes, section 256B.0911,
subdivisions 24, 24a, and 25a, contained in this article.
 new text end

ARTICLE 2

DEPARTMENT OF HEALTH POLICY

Section 1.

Minnesota Statutes 2024, section 144.0724, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For purposes of this section, the following terms have the meanings
given.

(a) "Assessment reference date" or "ARD" means the specific end point for look-back
periods in the MDS assessment process. This look-back period is also called the observation
or assessment period.

(b) "Case mix index" means the weighting factors assigned to the case mix reimbursement
classifications determined by an assessment.

(c) "Index maximization" means classifying a resident who could be assigned to more
than one category, to the category with the highest case mix index.

(d) "Minimum Data Set" or "MDS" means a core set of screening, clinical assessment,
and functional status elements, that include common definitions and coding categories
specified by the Centers for Medicare and Medicaid Services and designated by the
Department of Health.

(e) "Representative" means a person who is the resident's guardian or conservator, the
person authorized to pay the nursing home expenses of the resident, a representative of the
Office of Ombudsman for Long-Term Care whose assistance has been requested, or any
other individual designated by the resident.

(f) "Activities of daily living" new text begin or "ADL" new text end includes personal hygiene, dressing, bathing,
transferring, bed mobility, locomotion, eating, and toileting.

new text begin (g) "Patient Driven Payment Model" or "PDPM" means the case mix reimbursement
classification system for residents in nursing facilities according to the resident's condition,
the resident's diagnosis, and the care the resident is receiving as reflected in data supplied
in the facility's MDS with an ARD on or after October 1, 2025.
 new text end

deleted text begin (g)deleted text end new text begin (h)new text end "Nursing facility level of care determination" means the assessment process that
results in a determination of a resident's or prospective resident's need for nursing facility
level of care as established in subdivision 11 for purposes of medical assistance payment
of long-term care services for:

(1) nursing facility services under chapter 256R;

(2) elderly waiver services under chapter 256S;

(3) CADI and BI waiver services under section 256B.49; and

(4) state payment of alternative care services under section 256B.0913.

new text begin (i) "Resource utilization group" or "RUG" means the case mix reimbursement
classification system for residents in nursing facilities according to the resident's clinical
and functional status as reflected in data supplied by the facility's MDS with an ARD on or
before September 30, 2025.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2024, section 144.0724, subdivision 3a, is amended to read:


Subd. 3a.

Resident case mix reimbursement classifications.

(a) Resident case mix
reimbursement classifications shall be based on the Minimum Data Set, version 3.0
assessment instrument, or its successor version mandated by the Centers for Medicare and
Medicaid Services that nursing facilities are required to complete for all residents. Case
mix reimbursement classifications shall also be based on assessments required under
subdivision 4. Assessments must be completed according to the Long Term Care Facility
Resident Assessment Instrument User's Manual Version 3.0 or a successor manual issued
by the Centers for Medicare and Medicaid Services. deleted text begin The optional state assessment must be
completed according to the OSA Manual Version 1.0 v.2.
deleted text end

(b) Each resident must be classified based on the information from the Minimum Data
Set according to the general categories issued by the Minnesota Department of Health,
utilized for reimbursement purposes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2024, section 144.0724, subdivision 4, is amended to read:


Subd. 4.

Resident assessment schedule.

(a) A facility must conduct and electronically
submit to the federal database MDS assessments that conform with the assessment schedule
defined by the Long Term Care Facility Resident Assessment Instrument User's Manual,
version 3.0, or its successor issued by the Centers for Medicare and Medicaid Services. The
commissioner of health may substitute successor manuals or question and answer documents
published by the United States Department of Health and Human Services, Centers for
Medicare and Medicaid Services, to replace or supplement the current version of the manual
or document.

(b) The assessments required deleted text begin under the Omnibus Budget Reconciliation Act of 1987
(OBRA) useddeleted text end to determine a case mix reimbursement classification include:

(1) a new admission comprehensive assessment, which must have an assessment reference
date (ARD) within 14 calendar days after admission, excluding readmissions;

(2) an annual comprehensive assessment, which must have an ARD within 92 days of
a previous quarterly review assessment or a previous comprehensive assessment, which
must occur at least once every 366 days;

(3) a significant change in status comprehensive assessment, which must have an ARD
within 14 days after the facility determines, or should have determined, that there has been
a significant change in the resident's physical or mental condition, whether an improvement
or a decline, and regardless of the amount of time since the last comprehensive assessment
or quarterly review assessment;

(4) new text begin a significant change in status comprehensive assessment when isolation for an
infectious disease has ended. If isolation was not coded on the most recent assessment
completed, then the significant change in status comprehensive assessment under this clause
is not required. The ARD for assessments under this clause must be set on day 15 after
isolation has ended;
new text end

new text begin (5) new text end a quarterly review assessment must have an ARD within 92 days of the ARD of the
previous quarterly review assessment or a previous comprehensive assessment;

deleted text begin (5)deleted text end new text begin (6)new text end any significant correction to a prior comprehensive assessment, if the assessment
being corrected is the current one being used for reimbursement classification;

deleted text begin (6)deleted text end new text begin (7)new text end any significant correction to a prior quarterly review assessment, if the assessment
being corrected is the current one being used for reimbursement classification; and

deleted text begin (7)deleted text end new text begin (8)new text end any modifications to the most recent assessments under clauses (1) to deleted text begin (6)deleted text end new text begin (7)new text end .

deleted text begin (c) The optional state assessment must accompany all OBRA assessments. The optional
state assessment is also required to determine reimbursement when:
 deleted text end

deleted text begin (1) all speech, occupational, and physical therapies have ended. If the most recent optional
state assessment completed does not result in a rehabilitation case mix reimbursement
classification, then the optional state assessment is not required. The ARD of this assessment
must be set on day eight after all therapy services have ended; and
 deleted text end

deleted text begin (2) isolation for an infectious disease has ended. If isolation was not coded on the most
recent optional state assessment completed, then the optional state assessment is not required.
The ARD of this assessment must be set on day 15 after isolation has ended.
 deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end In addition to the assessments listed in deleted text begin paragraphsdeleted text end new text begin paragraphnew text end (b) deleted text begin and (c)deleted text end , the
assessments used to determine nursing facility level of care include the following:

(1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by
the Senior LinkAge Line or other organization under contract with the Minnesota Board on
Aging; and

(2) a nursing facility level of care determination as provided for under section 256B.0911,
subdivision 26, as part of a face-to-face long-term care consultation assessment completed
under section 256B.0911, by a county, tribe, or managed care organization under contract
with the Department of Human Services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
 new text end

Sec. 4.

Minnesota Statutes 2024, section 144.0724, subdivision 8, is amended to read:


Subd. 8.

Request for reconsideration of resident classifications.

(a) The resident, the
resident's representative, the nursing facility, or the boarding care home may request that
the commissioner of health reconsider the assigned case mix reimbursement classification
and any item or items changed during the audit process. The request for reconsideration
must be submitted in writing to the commissioner of health.

(b) For reconsideration requests initiated by the resident or the resident's representative:

(1) The resident or the resident's representative must submit in writing a reconsideration
request to the facility administrator within 30 days of receipt of the resident classification
notice. The written request must include the reasons for the reconsideration request.

(2) Within three business days of receiving the reconsideration request, the nursing
facility must submit to the commissioner of health a completed reconsideration request
form, a copy of the resident's or resident's representative's written request, and all supporting
documentation used to complete the assessment being reconsidered. If the facility fails to
provide the required information, the reconsideration will be completed with the information
submitted and the facility cannot make further reconsideration requests on this classification.

(3) Upon written request and within three business days, the nursing facility must give
the resident or the resident's representative a copy of the assessment being reconsidered and
all supporting documentation used to complete the assessment. Notwithstanding any law
to the contrary, the facility may not charge a fee for providing copies of the requested
documentation. If a facility fails to provide the required documents within this time, it is
subject to the issuance of a correction order and penalty assessment under sections 144.653
and 144A.10. Notwithstanding those sections, any correction order issued under this
subdivision must require that the nursing facility immediately comply with the request for
information, and as of the date of the issuance of the correction order, the facility shall
forfeit to the state a $100 fine for the first day of noncompliance, and an increase in the
$100 fine by $50 increments for each day the noncompliance continues.

(c) For reconsideration requests initiated by the facility:

(1) The facility is required to inform the resident or the resident's representative in writing
that a reconsideration of the resident's case mix reimbursement classification is being
requested. The notice must inform the resident or the resident's representative:

(i) of the date and reason for the reconsideration request;

(ii) of the potential for a case mix reimbursement classification change and subsequent
rate change;

(iii) of the extent of the potential rate change;

(iv) that copies of the request and supporting documentation are available for review;
and

(v) that the resident or the resident's representative has the right to request a
reconsideration also.

(2) Within 30 days of receipt of the audit exit report or resident classification notice, the
facility must submit to the commissioner of health a completed reconsideration request
form, all supporting documentation used to complete the assessment being reconsidered,
and a copy of the notice informing the resident or the resident's representative that a
reconsideration of the resident's classification is being requested.

(3) If the facility fails to provide the required information, the reconsideration request
may be denied and the facility may not make further reconsideration requests on this
classification.

(d) Reconsideration by the commissioner must be made by individuals not involved in
reviewing the assessment, audit, or reconsideration that established the disputed classification.
The reconsideration must be based upon the assessment that determined the classification
and upon the information provided to the commissioner of health under paragraphs (a) to
(c). If necessary for evaluating the reconsideration request, the commissioner may conduct
on-site reviews. Within 15 business days of receiving the request for reconsideration, the
commissioner shall affirm or modify the original resident classification. The original
classification must be modified if the commissioner determines that the assessment resulting
in the classification did not accurately reflect characteristics of the resident at the time of
the assessment. The commissioner must transmit the reconsideration classification notice
by electronic means to the nursing facility. The nursing facility is responsible for the
distribution of the notice to the resident or the resident's representative. The notice must be
distributed by the nursing facility within three business days after receipt. A decision by
the commissioner under this subdivision is the final administrative decision of the agency
for the party requesting reconsideration.

(e) The case mix reimbursement classification established by the commissioner shall be
the classification which applies to the resident while the request for reconsideration is
pending. If a request for reconsideration applies to an assessment used to determine nursing
facility level of care under subdivision 4, paragraph deleted text begin (d)deleted text end new text begin (c)new text end , the resident shall continue to
be eligible for nursing facility level of care while the request for reconsideration is pending.

(f) The commissioner may request additional documentation regarding a reconsideration
necessary to make an accurate reconsideration determination.

(g) Data collected as part of the reconsideration process under this section is classified
as private data on individuals and nonpublic data pursuant to section 13.02. Notwithstanding
the classification of these data as private or nonpublic, the commissioner is authorized to
share these data with the U.S. Centers for Medicare and Medicaid Services and the
commissioner of human services as necessary for reimbursement purposes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
 new text end

Sec. 5.

Minnesota Statutes 2024, section 144.0724, subdivision 9, is amended to read:


Subd. 9.

Audit authority.

(a) The commissioner shall audit the accuracy of resident
assessments performed under section 256R.17 through any of the following: desk audits;
on-site review of residents and their records; and interviews with staff, residents, or residents'
families. The commissioner shall reclassify a resident if the commissioner determines that
the resident was incorrectly classified.

(b) The commissioner is authorized to conduct on-site audits on an unannounced basis.

(c) A facility must grant the commissioner access to examine the medical records relating
to the resident assessments selected for audit under this subdivision. The commissioner may
also observe and speak to facility staff and residents.

(d) The commissioner shall consider documentation under the time frames for coding
items on the minimum data set as set out in the Long-Term Care Facility Resident Assessment
Instrument User's Manual deleted text begin or OSA Manual version 1.0 v.2 published by the Centers for
Medicare and Medicaid Servicesdeleted text end .

(e) The commissioner shall develop an audit selection procedure that includes the
following factors:

(1) Each facility shall be audited annually. If a facility has two successive audits in which
the percentage of change is five percent or less and the facility has not been the subject of
a special audit in the past 36 months, the facility may be audited biannually. A stratified
sample of 15 percent, with a minimum of ten assessments, of the most current assessments
shall be selected for audit. If more than 20 percent of the case mix reimbursement
classifications are changed as a result of the audit, the audit shall be expanded to a second
15 percent sample, with a minimum of ten assessments. If the total change between the first
and second samples is 35 percent or greater, the commissioner may expand the audit to all
of the remaining assessments.

(2) If a facility qualifies for an expanded audit, the commissioner may audit the facility
again within six months. If a facility has two expanded audits within a 24-month period,
that facility will be audited at least every six months for the next 18 months.

(3) The commissioner may conduct special audits if the commissioner determines that
circumstances exist that could alter or affect the validity of case mix reimbursement
classifications of residents. These circumstances include, but are not limited to, the following:

(i) frequent changes in the administration or management of the facility;

(ii) an unusually high percentage of residents in a specific case mix reimbursement
classification;

(iii) a high frequency in the number of reconsideration requests received from a facility;

(iv) frequent adjustments of case mix reimbursement classifications as the result of
reconsiderations or audits;

(v) a criminal indictment alleging provider fraud;

(vi) other similar factors that relate to a facility's ability to conduct accurate assessments;

(vii) an atypical pattern of scoring minimum data set items;

(viii) nonsubmission of assessments;

(ix) late submission of assessments; or

(x) a previous history of audit changes of 35 percent or greater.

(f) If the audit results in a case mix reimbursement classification change, the
commissioner must transmit the audit classification notice by electronic means to the nursing
facility within 15 business days of completing an audit. The nursing facility is responsible
for distribution of the notice to each resident or the resident's representative. This notice
must be distributed by the nursing facility within three business days after receipt. The
notice must inform the resident of the case mix reimbursement classification assigned, the
opportunity to review the documentation supporting the classification, the opportunity to
obtain clarification from the commissioner, the opportunity to request a reconsideration of
the classification, and the address and telephone number of the Office of Ombudsman for
Long-Term Care.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
 new text end

Sec. 6.

Minnesota Statutes 2024, section 144.0724, subdivision 11, is amended to read:


Subd. 11.

Nursing facility level of care.

(a) For purposes of medical assistance payment
of long-term care services, a recipient must be determined, using assessments defined in
subdivision 4, to meet one of the following nursing facility level of care criteria:

(1) the person requires formal clinical monitoring at least once per day;

(2) the person needs the assistance of another person or constant supervision to begin
and complete at least four of the following activities of living: bathing, bed mobility, dressing,
eating, grooming, toileting, transferring, and walking;

(3) the person needs the assistance of another person or constant supervision to begin
and complete toileting, transferring, or positioning and the assistance cannot be scheduled;

(4) the person has significant difficulty with memory, using information, daily decision
making, or behavioral needs that require intervention;

(5) the person has had a qualifying nursing facility stay of at least 90 days;

(6) the person meets the nursing facility level of care criteria determined 90 days after
admission or on the first quarterly assessment after admission, whichever is later; or

(7) the person is determined to be at risk for nursing facility admission or readmission
through a face-to-face long-term care consultation assessment as specified in section
256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, by a county, tribe, or managed care
organization under contract with the Department of Human Services. The person is
considered at risk under this clause if the person currently lives alone or will live alone or
be homeless without the person's current housing and also meets one of the following criteria:

(i) the person has experienced a fall resulting in a fracture;

(ii) the person has been determined to be at risk of maltreatment or neglect, including
self-neglect; or

(iii) the person has a sensory impairment that substantially impacts functional ability
and maintenance of a community residence.

(b) The assessment used to establish medical assistance payment for nursing facility
services must be the most recent assessment performed under subdivision 4, deleted text begin paragraphsdeleted text end new text begin
paragraphnew text end (b) deleted text begin and (c)deleted text end , that occurred no more than 90 calendar days before the effective date
of medical assistance eligibility for payment of long-term care services. In no case shall
medical assistance payment for long-term care services occur prior to the date of the
determination of nursing facility level of care.

(c) The assessment used to establish medical assistance payment for long-term care
services provided under chapter 256S and section 256B.49 and alternative care payment
for services provided under section 256B.0913 must be the most recent face-to-face
assessment performed under section 256B.0911, subdivisions 17 to 21, 23, 24, 27, or 28,
that occurred no more than 60 calendar days before the effective date of medical assistance
eligibility for payment of long-term care services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
 new text end

Sec. 7.

Minnesota Statutes 2024, section 144.586, subdivision 2, is amended to read:


Subd. 2.

Postacute care discharge planning.

new text begin (a) new text end Each hospital, including hospitals
designated as critical access hospitals, must comply with the federal hospital requirements
for discharge planning which include:

(1) conducting a discharge planning evaluation that includes an evaluation of:

(i) the likelihood of the patient needing posthospital services and of the availability of
those services; and

(ii) the patient's capacity for self-care or the possibility of the patient being cared for in
the environment from which the patient entered the hospital;

(2) timely completion of the discharge planning evaluation under clause (1) by hospital
personnel so that appropriate arrangements for posthospital care are made before discharge,
and to avoid unnecessary delays in discharge;

(3) including the discharge planning evaluation under clause (1) in the patient's medical
record for use in establishing an appropriate discharge plan. The hospital must discuss the
results of the evaluation with the patient or individual acting on behalf of the patient. The
hospital must reassess the patient's discharge plan if the hospital determines that there are
factors that may affect continuing care needs or the appropriateness of the discharge plan;
and

(4) providing counseling, as needed, for the patient and family members or interested
persons to prepare them for posthospital care. The hospital must provide a list of available
Medicare-eligible home care agencies or skilled nursing facilities that serve the patient's
geographic area, or other area requested by the patient if such care or placement is indicated
and appropriate. Once the patient has designated their preferred providers, the hospital will
assist the patient in securing care covered by their health plan or within the care network.
The hospital must not specify or otherwise limit the qualified providers that are available
to the patient. The hospital must document in the patient's record that the list was presented
to the patient or to the individual acting on the patient's behalf.

new text begin (b) Each hospital, including hospitals designated as critical access hospitals, must
document in the patient's discharge plan any instances when a chemical, manual, or
mechanical restraint was used to manage the patient's behavior prior to discharge, including
the type of restraint, duration, and frequency. In cases where the patient is transferred to
any licensed or registered provider, the hospital must notify the provider of the type, duration,
and frequency of the restraint. Restraint has the meaning given in section 144G.08,
subdivision 61a.
 new text end

Sec. 8.

Minnesota Statutes 2024, section 144.6502, subdivision 3, is amended to read:


Subd. 3.

Consent to electronic monitoring.

(a) Except as otherwise provided in this
subdivision, a resident must consent to electronic monitoring in the resident's room or private
living unit in writing on a notification and consent form. If the resident has not affirmatively
objected to electronic monitoring and the new text begin resident representative attests that the new text end resident's
medical professional deleted text begin determinesdeleted text end new text begin determinednew text end that the resident currently lacks the ability to
understand and appreciate the nature and consequences of electronic monitoring, the resident
representative may consent on behalf of the resident. For purposes of this subdivision, a
resident affirmatively objects when the resident orally, visually, or through the use of
auxiliary aids or services declines electronic monitoring. The resident's response must be
documented on the notification and consent form.

(b) Prior to a resident representative consenting on behalf of a resident, the resident must
be asked if the resident wants electronic monitoring to be conducted. The resident
representative must explain to the resident:

(1) the type of electronic monitoring device to be used;

(2) the standard conditions that may be placed on the electronic monitoring device's use,
including those listed in subdivision 6;

(3) with whom the recording may be shared under subdivision 10 or 11; and

(4) the resident's ability to decline all recording.

(c) A resident, or resident representative when consenting on behalf of the resident, may
consent to electronic monitoring with any conditions of the resident's or resident
representative's choosing, including the list of standard conditions provided in subdivision
6. A resident, or resident representative when consenting on behalf of the resident, may
request that the electronic monitoring device be turned off or the visual or audio recording
component of the electronic monitoring device be blocked at any time.

(d) Prior to implementing electronic monitoring, a resident, or resident representative
when acting on behalf of the resident, must obtain the written consent on the notification
and consent form of any other resident residing in the shared room or shared private living
unit. A roommate's or roommate's resident representative's written consent must comply
with the requirements of paragraphs (a) to (c). Consent by a roommate or a roommate's
resident representative under this paragraph authorizes the resident's use of any recording
obtained under this section, as provided under subdivision 10 or 11.

(e) Any resident conducting electronic monitoring must immediately remove or disable
an electronic monitoring device prior to a new roommate moving into a shared room or
shared private living unit, unless the resident obtains the roommate's or roommate's resident
representative's written consent as provided under paragraph (d) prior to the roommate
moving into the shared room or shared private living unit. Upon obtaining the new
roommate's signed notification and consent form and submitting the form to the facility as
required under subdivision 5, the resident may resume electronic monitoring.

(f) The resident or roommate, or the resident representative or roommate's resident
representative if the representative is consenting on behalf of the resident or roommate, may
withdraw consent at any time and the withdrawal of consent must be documented on the
original consent form as provided under subdivision 5, paragraph (d).

Sec. 9.

Minnesota Statutes 2024, section 144.6512, subdivision 3, is amended to read:


Subd. 3.

Retaliation against a resident.

new text begin A resident has the right to be free from
retaliation. new text end For purposes of this section, to retaliate against a resident includes but is not
limited to any of the following actions taken or threatened by a nursing home or an agent
of the nursing home against a resident, or any person with a familial, personal, legal, or
professional relationship with the resident:

(1) a discharge or transfer;

(2) any form of discrimination;

(3) restriction or prohibition of access:

(i) of the resident to the nursing home or visitors; or

(ii) of a family member or a person with a personal, legal, or professional relationship
with the resident, to the resident, unless the restriction is the result of a court order;

(4) the imposition of involuntary seclusion or the withholding of food, care, or services;

(5) restriction of any of the rights granted to residents under state or federal law;

(6) restriction or reduction of access to or use of amenities, care, services, privileges, or
living arrangements; or

(7) unauthorized removal, tampering with, or deprivation of technology, communication,
or electronic monitoring devices.

Sec. 10.

Minnesota Statutes 2024, section 144.6512, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Other remedies. new text end

new text begin In addition to the remedies otherwise provided by or available
under the law, a resident or a resident's legal representative may bring an action in district
court against a nursing home that retaliates against the resident in violation of this section.
The court may award damages, injunctive relief, and any other relief the court deems just
and equitable.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to causes
of action accruing on or after that date.
 new text end

Sec. 11.

Minnesota Statutes 2024, section 144A.04, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Retaliation prevention training required. new text end

new text begin All employees of a nursing home,
including managerial officials and licensed administrators, must participate in annual training
on the requirements of section 144.6512 and preventing retaliation against nursing home
residents.
 new text end

Sec. 12.

Minnesota Statutes 2024, section 144A.08, is amended by adding a subdivision
to read:


new text begin Subd. 1c. new text end

new text begin Historic preservation. new text end

new text begin A facility may request that the commissioner of health
grant a variance or waiver from the physical plan and design requirements for nursing homes
under this chapter and the relevant rules adopted under this chapter for the purposes of
providing skilled nursing care in a building on the National Register of Historic Places. A
request for a variance or waiver must be submitted to the commissioner in writing. The
decision to grant or deny a variance or waiver must be based on the commissioner's evaluation
of the following criteria:
 new text end

new text begin (1) whether the variance or waiver will adversely affect the health, treatment, comfort,
safety, or well-being of residents;
 new text end

new text begin (2) whether the alternative measures to be taken, if any, are equivalent to or superior to
those permitted under this chapter and relevant rules adopted under this chapter; and
 new text end

new text begin (3) whether compliance with the existing or alternative equivalent requirements would
impose an undue burden on the facility's efforts to preserve the historical integrity of the
building while providing skilled nursing care in the building.
 new text end

Sec. 13.

new text begin [144A.104] PROHIBITED CONDITION FOR ADMISSION OR
CONTINUED RESIDENCE.
 new text end

new text begin A nursing home is prohibited from requiring a current or prospective resident to have
or obtain a guardian or conservator as a condition of admission to or continued residence
in the nursing home.
 new text end

Sec. 14.

Minnesota Statutes 2024, section 144A.70, subdivision 3, is amended to read:


Subd. 3.

Controlling person.

"Controlling person" means a business entity or entities,
officer, program administrator, or director, whose responsibilities include the management
and decision-making authority to establish or control business policy and all other policies
of a supplemental nursing services agency. Controlling person also means an individual
whodeleted text begin , directly or indirectly, beneficially owns andeleted text end new text begin has a direct ownership interest or indirect
ownershipnew text end interest in a corporation, partnership, or other business association that is deleted text begin a
controlling persondeleted text end new text begin the registrantnew text end .

Sec. 15.

Minnesota Statutes 2024, section 144A.70, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Direct ownership interest. new text end

new text begin "Direct ownership interest" means an individual
or legal entity with at least five percent equity in capital, stock, or profits of the registrant
or who is a member of a limited liability company of the registrant.
 new text end

Sec. 16.

Minnesota Statutes 2024, section 144A.70, is amended by adding a subdivision
to read:


new text begin Subd. 4b. new text end

new text begin Indirect ownership interest. new text end

new text begin "Indirect ownership interest" means an individual
or legal entity with a direct ownership interest in an entity that has a direct or indirect
ownership interest of at least five percent in an entity that is a registrant.
 new text end

Sec. 17.

Minnesota Statutes 2024, section 144A.70, subdivision 7, is amended to read:


Subd. 7.

Oversight.

The commissioner is responsible for the oversight of supplemental
nursing services agencies through deleted text begin semiannualdeleted text end unannounced surveysnew text begin every two yearsnew text end and
follow-up surveys, complaint investigations under sections 144A.51 to 144A.53, and other
actions necessary to ensure compliance with sections 144A.70 to 144A.74.

Sec. 18.

Minnesota Statutes 2024, section 144A.751, subdivision 1, is amended to read:


Subdivision 1.

Statement of rights.

An individual who receives hospice care has the
right to:

(1) receive written information about rights in advance of receiving hospice care or
during the initial evaluation visit before the initiation of hospice care, including what to do
if rights are violated;

(2) receive care and services according to a suitable hospice plan of care and subject to
accepted hospice care standards and to take an active part in creating and changing the plan
and evaluating care and services;

(3) be told in advance of receiving care about the services that will be provided, the
disciplines that will furnish care, the frequency of visits proposed to be furnished, other
choices that are available, and the consequence of these choices, including the consequences
of refusing these services;

(4) be told in advance, whenever possible, of any change in the hospice plan of care and
to take an active part in any change;

(5) refuse services or treatment;

(6) know, in advance, any limits to the services available from a provider, and the
provider's grounds for a termination of services;

(7) know in advance of receiving care whether the hospice services may be covered by
health insurance, medical assistance, Medicare, or other health programs in which the
individual is enrolled;

(8) receive, upon request, a good faith estimate of the reimbursement the provider expects
to receive from the health plan company in which the individual is enrolled. A good faith
estimate must also be made available at the request of an individual who is not enrolled in
a health plan company. This payment information does not constitute a legally binding
estimate of the cost of services;

(9) know that there may be other services available in the community, including other
end of life services and other hospice providers, and know where to go for information
about these services;

(10) choose freely among available providers and change providers after services have
begun, within the limits of health insurance, medical assistance, Medicare, or other health
programs;

(11) have personal, financial, and medical information kept private and be advised of
the provider's policies and procedures regarding disclosure of such information;

(12) be allowed access to records and written information from records according to
sections 144.291 to 144.298;

(13) be served by people who are properly trained and competent to perform their duties;

(14) be treated with courtesy and respect and to have the patient's property treated with
respect;

(15) voice grievances regarding treatment or care that is, or fails to be, furnished or
regarding the lack of courtesy or respect to the patient or the patient's property;

(16) be free from physical and verbal abuse;

(17) reasonable, advance notice of changes in services or charges, including at least ten
days' advance notice of the termination of a service by a provider, except in cases where:

(i) the recipient of services engages in conduct that alters the conditions of employment
between the hospice provider and the individual providing hospice services, or creates an
abusive or unsafe work environment for the individual providing hospice services;

(ii) an emergency for the informal caregiver or a significant change in the recipient's
condition has resulted in service needs that exceed the current service provider agreement
and that cannot be safely met by the hospice provider; or

(iii) the recipient is no longer certified as terminally ill;

(18) a coordinated transfer when there will be a change in the provider of services;

(19) know how to contact an individual associated with the provider who is responsible
for handling problems and to have the provider investigate and attempt to resolve the
grievance or complaint;

(20) know the name and address of the state or county agency to contact for additional
information or assistance;

(21) assert these rights personally, or have them asserted by the hospice patient's family
when the patient has been judged incompetent, without retaliation; deleted text begin and
deleted text end

(22) have pain and symptoms managed to the patient's desired level of comfortnew text begin , including
ensuring appropriate pain medications are immediately available to the patient;
new text end

new text begin (23) revoke hospice election at any time; and
 new text end

new text begin (24) receive curative treatment for any condition unrelated to the condition that qualified
the individual for hospice, while remaining on hospice electionnew text end .

Sec. 19.

Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:


new text begin Subd. 26a. new text end

new text begin Imminent risk. new text end

new text begin "Imminent risk" means an immediate and impending threat
to the health, safety, or rights of an individual.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
 new text end

Sec. 20.

Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:


new text begin Subd. 54a. new text end

new text begin Prone restraint. new text end

new text begin "Prone restraint" means the use of manual restraint that
places a resident in a face-down position. Prone restraint does not include brief physical
holding of a resident who, during an emergency use of manual restraint, rolls into a prone
position, if the resident is restored to a standing, sitting, or side-lying position as quickly as
possible.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
 new text end

Sec. 21.

Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:


new text begin Subd. 55a. new text end

new text begin Registered nurse. new text end

new text begin "Registered nurse" has the meaning given in section
148.171, subdivision 20, and includes advanced practice registered nurse as defined in
section 148.171, subdivision 3.
 new text end

Sec. 22.

Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:


new text begin Subd. 61a. new text end

new text begin Restraint. new text end

new text begin "Restraint" means:
 new text end

new text begin (1) chemical restraint, as defined in section 245D.02, subdivision 3b;
 new text end

new text begin (2) manual restraint, as defined in section 245D.02, subdivision 15a;
 new text end

new text begin (3) mechanical restraint, as defined in section 245D.02, subdivision 15b; or
 new text end

new text begin (4) any other form of restraint that results in limiting the free and normal movement of
body or limbs.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
 new text end

Sec. 23.

Minnesota Statutes 2024, section 144G.10, subdivision 1, is amended to read:


Subdivision 1.

License required.

(a)(1) Beginning August 1, 2021, no assisted living
facility may operate in Minnesota unless it is licensed under this chapter.

(2) No facility or building on a campus may provide assisted living services until
obtaining the required license under paragraphs (c) to (e).

(b) The licensee is legally responsible for the management, control, and operation of the
facility, regardless of the existence of a management agreement or subcontract. Nothing in
this chapter shall in any way affect the rights and remedies available under other law.

(c) Upon approving an application for an assisted living facility license, the commissioner
shall issue a single license for each building that is operated by the licensee as an assisted
living facility and is located at a separate address, except as provided under paragraph (d)
or (e).new text begin If a licensed assisted living facility wants a portion of the licensed assisted living
building to be utilized by an unlicensed entity or a different license type not granted under
chapter 144G, the licensed assisted living facility must ensure there is at least a vertical
two-hour fire barrier constructed in accordance with the National Fire Protection Association,
Standard 101, Life Safety Code, between any licensed assisted living areas and unlicensed
entity areas of the building and between the licensed assisted living areas and any licensed
areas subject to another license type.
new text end

(d) Upon approving an application for an assisted living facility license, the commissioner
may issue a single license for two or more buildings on a campus that are operated by the
same licensee as an assisted living facility. An assisted living facility license for a campus
must identify the address and licensed resident capacity of each building located on the
campus in which assisted living services are provided.

(e) Upon approving an application for an assisted living facility license, the commissioner
may:

(1) issue a single license for two or more buildings on a campus that are operated by the
same licensee as an assisted living facility with dementia care, provided the assisted living
facility for dementia care license for a campus identifies the buildings operating as assisted
living facilities with dementia care; or

(2) issue a separate assisted living facility with dementia care license for a building that
is on a campus and that is operating as an assisted living facility with dementia care.

Sec. 24.

Minnesota Statutes 2024, section 144G.10, subdivision 1a, is amended to read:


Subd. 1a.

Assisted living director license required.

Each assisted living facility must
employ an assisted living director licensed or permitted by the Board of Executives for
Long Term Services and Supportsnew text begin and be affiliated as the director of record with the boardnew text end .

Sec. 25.

Minnesota Statutes 2024, section 144G.10, subdivision 5, is amended to read:


Subd. 5.

Protected title; restriction on use.

(a) Effective January 1, deleted text begin 2026deleted text end new text begin 2027new text end , no
person or entity may use the phrase "assisted living," whether alone or in combination with
other words and whether orally or in writing, to: advertise; market; or otherwise describe,
offer, or promote itself, or any housing, service, service package, or program that it provides
within this state, unless the person or entity is a licensed assisted living facility that meets
the requirements of this chapter. A person or entity entitled to use the phrase "assisted living"
shall use the phrase only in the context of its participation that meets the requirements of
this chapter.

(b) Effective January 1, deleted text begin 2026deleted text end new text begin 2027new text end , the licensee's name for deleted text begin a newdeleted text end new text begin annew text end assisted living
facility may not include the terms "home care" or "nursing home."

Sec. 26.

Minnesota Statutes 2024, section 144G.16, subdivision 3, is amended to read:


Subd. 3.

Licensure; termination or extension of provisional licenses.

(a) If the
provisional licensee is in substantial compliance with the survey, the commissioner shall
issue a facility license.

(b) If the provisional licensee is not in substantial compliance with the initial survey,
the commissioner shall either: (1) not issue the facility license and terminate the provisional
license; or (2) extend the provisional license for a period not to exceed 90 calendar days
and apply conditions necessary to bring the facility into substantial compliance. If the
provisional licensee is not in substantial compliance with the survey within the time period
of the extension or if the provisional licensee does not satisfy the license conditions, the
commissioner may deny the license.

new text begin (c) The owners and managerial officials of a provisional licensee whose license is denied
are ineligible to apply for an assisted living facility license under this chapter for one year
following the facility's closure date.
 new text end

Sec. 27.

Minnesota Statutes 2024, section 144G.45, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Historic preservation. new text end

new text begin A facility may request that the commissioner of health
grant a variance or waiver from the provisions of this section or section 144G.81, subdivision
5, and relevant rules adopted under this chapter for the purposes of providing housing and
assisted living services in a building on the National Register of Historic Places. A request
for a variance or waiver must be submitted to the commissioner in writing. The decision to
grant or deny a variance or waiver must be based on the commissioner's evaluation of the
following criteria:
 new text end

new text begin (1) whether the variance or waiver will adversely affect the health, treatment, comfort,
safety, or well-being of residents;
 new text end

new text begin (2) whether the alternative measures to be taken, if any, are equivalent to or superior to
those permitted under this section, section 144G.81, and relevant rules adopted under this
chapter; and
 new text end

new text begin (3) whether compliance with the existing or alternative equivalent requirements would
impose an undue burden on the facility's efforts to preserve the historical integrity of the
building while providing housing and assisted living services in the building.
 new text end

Sec. 28.

new text begin [144G.505] PROHIBITED CONDITION OF ADMISSION OR CONTINUED
RESIDENCE.
 new text end

new text begin An assisted living facility is prohibited from requiring a current or prospective resident
to have or obtain a guardian or conservator as a condition of admission to or continued
residence in the assisted living facility.
 new text end

Sec. 29.

Minnesota Statutes 2024, section 144G.51, is amended to read:


144G.51 ARBITRATION.

deleted text begin (a) An assisted living facility must deleted text end new text begin If an assisted living facility includes an arbitration
provision in the assisted living contract, the provision and contract must:
 new text end

new text begin (1)new text end clearly and conspicuously disclose, in writing deleted text begin in an assisted living contractdeleted text end , any
arbitration provision in the contract that precludesdeleted text begin ,deleted text end new text begin ornew text end limitsdeleted text begin , or delaysdeleted text end the ability of a resident
new text begin or the resident's agent new text end from taking a civil actiondeleted text begin .deleted text end new text begin ;
new text end

deleted text begin (b) An arbitration requirement must not include a choice of law or choice of venue
provision. Assisted living contracts mustdeleted text end new text begin (2)new text end adhere to Minnesota law and any other
applicable federal or local lawdeleted text begin .deleted text end new text begin ;
new text end

new text begin (3) not require any resident or the resident's representative to sign a contract containing
a provision for binding arbitration as a condition of admission to, or as a requirement to
continue to receive care at, the facility; and
 new text end

new text begin (4) explicitly inform the resident or the resident's representative of the resident's right
not to sign a contract containing a provision for binding arbitration as a condition of
admission to, or as a requirement to continue to receive care at, the facility.
 new text end

Sec. 30.

Minnesota Statutes 2024, section 144G.52, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Impermissible ground for termination. new text end

new text begin A facility must not terminate an
assisted living contract on the ground that the resident changes from using private funds to
using public funds to pay for housing or services. This subdivision does not prohibit a
facility from terminating an assisted living contract for nonpayment according to subdivision
3 or for a violation of the assisted living contract according to subdivision 4.
 new text end

Sec. 31.

Minnesota Statutes 2024, section 144G.53, is amended to read:


144G.53 NONRENEWAL OF HOUSING.

new text begin Subdivision 1. new text end

new text begin Notice or termination procedure. new text end

(a) If a facility decides to not renew
a resident's housing under a contract, the facility must either (1) provide the resident with
60 calendar days' notice of the nonrenewal and assistance with relocation planning, or (2)
follow the termination procedure under section 144G.52.

(b) The notice must include the reason for the nonrenewal and contact information of
the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental
Health and Developmental Disabilities.

(c) A facility must:

(1) provide notice of the nonrenewal to the Office of Ombudsman for Long-Term Care;new text begin
and
new text end

(2) for residents who receive home and community-based waiver services under chapter
256S and section 256B.49, provide notice to the resident's case managerdeleted text begin ;deleted text end new text begin .
new text end

new text begin Subd. 2. new text end

new text begin Prohibited ground for nonrenewal. new text end

new text begin A facility must not decline to renew a
resident's housing under a contract on the ground that the resident changes from using private
funds to using public funds to pay for housing. This subdivision does not prohibit a facility
from terminating an assisted living contract for nonpayment according to section 144G.52,
subdivision 3, or for a violation of the assisted living contract according to section 144G.52,
subdivision 4.
 new text end

new text begin Subd. 3. new text end

new text begin Requirements following notice. new text end

new text begin If a facility provides notice of nonrenewal
according to subdivision 1, the facility must:
 new text end

deleted text begin (3)deleted text end new text begin (1)new text end ensure a coordinated move to a safe location, as defined in section 144G.55,
subdivision 2, that is appropriate for the resident;

deleted text begin (4)deleted text end new text begin (2)new text end ensure a coordinated move to an appropriate service provider identified by the
facility, if services are still needed and desired by the resident;

deleted text begin (5)deleted text end new text begin (3)new text end consult and cooperate with the resident, legal representative, designated
representative, case manager for a resident who receives home and community-based waiver
services under chapter 256S and section 256B.49, relevant health professionals, and any
other persons of the resident's choosing to make arrangements to move the resident, including
consideration of the resident's goals; and

deleted text begin (6)deleted text end new text begin (4)new text end prepare a written plan to prepare for the move.

new text begin Subd. 4. new text end

new text begin Right to move to location of resident's choosing or to use provider of
resident's choosing. new text end

deleted text begin (d)deleted text end A resident may decline to move to the location the facility identifies
or to accept services from a service provider the facility identifies, and may instead choose
to move to a location of the resident's choosing or receive services from a service provider
of the resident's choosing within the timeline prescribed in the nonrenewal notice.

Sec. 32.

new text begin [144G.65] TRAINING IN EMERGENCY MANUAL RESTRAINTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Training. new text end

new text begin The licensee must ensure that staff who may apply an
emergency manual restraint complete a minimum of four hours of training from qualified
individuals prior to assuming these responsibilities. Training must include:
 new text end

new text begin (1) types of behaviors, de-escalation techniques, and their value;
 new text end

new text begin (2) principles of person-centered planning and service delivery as identified in section
245D.07, subdivision 1a;
 new text end

new text begin (3) what constitutes the use of a restraint;
 new text end

new text begin (4) staff responsibilities related to prohibited procedures under section 144G.85,
subdivision 4; why the procedures are not effective for reducing or eliminating symptoms
or interfering behavior; and why the procedures are not safe;
 new text end

new text begin (5) the situations in which staff must contact 911 services in response to an imminent
risk of harm to the resident or others; and
 new text end

new text begin (6) strategies for respecting and supporting each resident's cultural preferences.
 new text end

new text begin Subd. 2. new text end

new text begin Annual refresher training. new text end

new text begin The licensee must ensure that staff who may apply
an emergency manual restraint complete two hours of refresher training on an annual basis
covering each of the training areas in subdivision 1.
 new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin The assisted living facility must implement all orientation
and training topics in this section.
 new text end

new text begin Subd. 4. new text end

new text begin Verification and documentation of orientation and training. new text end

new text begin For staff who
may apply an emergency manual restraint, the assisted living facility must retain evidence
in the employee record of each staff person having completed the orientation and training
required under this section.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
 new text end

Sec. 33.

Minnesota Statutes 2024, section 144G.70, subdivision 2, is amended to read:


Subd. 2.

Initial reviews, assessments, and monitoring.

(a) Residents who are not
receiving any assisted living services shall not be required to undergo an initial
new text begin comprehensive new text end nursing assessment.

(b) An assisted living facility shall conduct a new text begin comprehensive new text end nursing assessment by a
registered nurse of the physical and cognitive needs of the prospective resident and propose
a temporary service plan prior to the date on which a prospective resident executes a contract
with a facility or the date on which a prospective resident moves in, whichever is earlier.
If necessitated by either the geographic distance between the prospective resident and the
facility, or urgent or unexpected circumstances, the new text begin comprehensive new text end assessment may be
conducted using telecommunication methods based on practice standards that meet the
resident's needs and reflect person-centered planning and care delivery.

(c) Resident new text begin comprehensive new text end reassessment and monitoring must be conducted deleted text begin no more
than 14 calendar days after initiation of services. Ongoing resident reassessment and
monitoring must be conducted as needed based on changes in the needs of the resident and
cannot exceed 90 calendar days from the last date of the assessmentdeleted text end new text begin by a registered nurse:
new text end

new text begin (1) no more than 14 calendar days after initiation of services;
 new text end

new text begin (2) as needed based upon changes in the needs of the resident; and
 new text end

new text begin (3) at least every 90 calendar daysnew text end .

new text begin (d) Sections of the comprehensive reassessment and monitoring in paragraph (c) may
be completed by a licensed practical nurse as allowed under the Nurse Practice Act in
sections 148.171 to 148.285. A registered nurse must review the findings as part of the
resident's comprehensive reassessment.
 new text end

deleted text begin (d)deleted text end new text begin (e)new text end For residents only receiving assisted living services specified in section 144G.08,
subdivision 9, clauses (1) to (5), the facility shall complete an individualized initial review
of the resident's needs and preferences. The initial review must be completed within 30
calendar days of the start of services. Resident monitoring and review must be conducted
as needed based on changes in the needs of the resident and cannot exceed 90 calendar days
from the date of the last review.

deleted text begin (e)deleted text end new text begin (f)new text end A facility must inform the prospective resident of the availability of and contact
information for long-term care consultation services under section 256B.0911, prior to the
date on which a prospective resident executes a contract with a facility or the date on which
a prospective resident moves in, whichever is earlier.

Sec. 34.

Minnesota Statutes 2024, section 144G.71, subdivision 3, is amended to read:


Subd. 3.

Individualized medication monitoring and reassessment.

deleted text begin The assisted living
facilitydeleted text end new text begin A registered nurse or qualified staff delegated the task by a registered nursenew text end must
monitor and reassess the resident's medication management services as needed under
subdivision 2 when the resident presents with symptoms or other issues that may be
medication-related and, at a minimum, annually.

Sec. 35.

Minnesota Statutes 2024, section 144G.71, subdivision 5, is amended to read:


Subd. 5.

Individualized medication management plan.

(a) For each resident receiving
medication management services, deleted text begin the assisted living facilitydeleted text end new text begin a registered nurse or qualified
staff delegated the task by a registered nursenew text end must prepare and include in the service plan
a written statement of the medication management services that will be provided to the
resident. The facility must develop and maintain a current individualized medication
management record for each resident based on the resident's assessment that must contain
the following:

(1) a statement describing the medication management services that will be provided;

(2) a description of storage of medications based on the resident's needs and preferences,
risk of diversion, and consistent with the manufacturer's directions;

(3) documentation of specific resident instructions relating to the administration of
medications;

(4) identification of persons responsible for monitoring medication supplies and ensuring
that medication refills are ordered on a timely basis;

(5) identification of medication management tasks that may be delegated to unlicensed
personnel;

(6) procedures for staff notifying a registered nurse or appropriate licensed health
professional when a problem arises with medication management services; and

(7) any resident-specific requirements relating to documenting medication administration,
verifications that all medications are administered as prescribed, and monitoring of
medication use to prevent possible complications or adverse reactions.

(b) The medication management record must be current and updated when there are any
changes.

(c) Medication reconciliation must be completed when a licensed nurse, licensed health
professional, or authorized prescriber is providing medication management.

Sec. 36.

Minnesota Statutes 2024, section 144G.81, subdivision 1, is amended to read:


Subdivision 1.

Fire protection and physical environment.

An assisted living facility
with new text begin a new text end dementia care deleted text begin that has a secured dementia care unitdeleted text end new text begin licensenew text end must meet the requirements
of section 144G.45 and the following additional requirements:

(1) deleted text begin a hazard vulnerabilitydeleted text end new text begin annew text end assessment deleted text begin ordeleted text end new text begin ofnew text end safety deleted text begin riskdeleted text end new text begin risksnew text end must be performed on
and around the property. The deleted text begin hazards indicateddeleted text end new text begin safety risks identified by the facilitynew text end on the
assessment must be deleted text begin assessed anddeleted text end mitigated to protect the residents from harmnew text begin . The mitigation
efforts must be documented in the facility's recordsnew text end ; and

(2) the facility deleted text begin shalldeleted text end new text begin mustnew text end be protected throughout by an approved supervised automatic
sprinkler system by August 1, 2029.

Sec. 37.

Minnesota Statutes 2024, section 144G.81, subdivision 5, is amended to read:


Subd. 5.

Variance or waiver.

A facility may request under section 144G.45, subdivision
7new text begin or 8new text end , that the commissioner grant a variance or waiver from the provisions of this section,
except subdivision 4.

Sec. 38.

new text begin [144G.85] USE OF RESTRAINTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Use of restraints prohibited. new text end

new text begin Restraints are prohibited except as described
in subdivisions 2 and 4.
 new text end

new text begin Subd. 2. new text end

new text begin Emergency use of manual restraints. new text end

new text begin Emergency use of a manual restraint
is permitted only when immediate intervention is needed to protect the resident or others
from imminent risk of physical harm and is the least restrictive intervention to address the
risk. The manual restraint must be imposed for the least amount of time necessary and
removed when there is no longer imminent risk of physical harm to the resident or other
persons in the facility. The use of a manual restraint under this subdivision must:
 new text end

new text begin (1) take into consideration the rights, health, and welfare of the resident;
 new text end

new text begin (2) not apply back or chest pressure while the resident is in a prone, supine, or side-lying
position;
 new text end

new text begin (3) allow the resident to be free from prone restraint.
 new text end

new text begin Subd. 3. new text end

new text begin Documentation and notification of use of emergency manual restraints. new text end

new text begin (a)
The resident's legal representative must be notified within 12 hours of any use of an
emergency manual restraint and of the circumstances that prompted the use of an emergency
manual restraint. Notification and the use of an emergency manual restraint must be
documented. If known, the advanced practice registered nurse, physician, or physician
assistant must be notified within 12 hours of any use of an emergency manual restraint.
 new text end

new text begin (b) On a form developed by the commissioner, the facility must notify the commissioner
and the ombudsperson for long-term care within seven calendar days of the use of any
emergency manual restraint. The commissioner will monitor reported uses of emergency
manual restraints to detect overuse or unauthorized, inappropriate, or ineffective use of
emergency manual restraints. The form must include:
 new text end

new text begin (1) the name and date of birth of the resident;
 new text end

new text begin (2) the date and time of the use of the emergency manual restraint;
 new text end

new text begin (3) the names of staff and any residents who were involved in the incident leading up
to the emergency use of a manual restraint;
 new text end

new text begin (4) a description of the incident, including the length of time the restraint was applied,
and who was present before and during the incident leading up to the emergency use of a
manual restraint;
 new text end

new text begin (5) a description of what less restrictive alternative measures were attempted to de-escalate
the incident and maintain safety that identifies when, how, and how long the alternative
measures were attempted before the emergency manual restraint was implemented;
 new text end

new text begin (6) a description of the mental, physical, and emotional condition of the resident who
was manually restrained and of other persons involved in the incident leading up to, during,
and following the manual restraint;
 new text end

new text begin (7) whether there was any injury to the resident who was manually restrained or other
persons involved in the incident, including staff, before or as a result of the use of manual
restraint; and
 new text end

new text begin (8) whether there was a debriefing following the incident with the staff, and, if not
contraindicated, with the resident who was manually restrained and other persons who were
involved in or who witnessed the manual restraint, and the outcome of the debriefing. If the
debriefing was not conducted at the time the incident report was made, the report should
identify whether a debriefing is planned and whether there is a plan for mitigating use of
emergency manual restraints in the future.
 new text end

new text begin (c) A copy of the report submitted under paragraph (b) must be maintained in the
resident's record.
 new text end

new text begin (d) A copy of the report submitted under paragraph (b) must be sent to the resident's
waiver case manager within seven calendar days of the use of any emergency manual
restraints. Any use of emergency manual restraints on people served under section 256B.49
and chapter 256S must be documented by the case manager in the resident's support plan,
as defined in sections 256B.49, subdivision 15, and 256S.10.
 new text end

new text begin Subd. 4. new text end

new text begin Ordered treatment. new text end

new text begin Any use of a restraint, other than the use of an emergency
manual restraint to address an imminent risk, must be the least restrictive option and comply
with the requirements for an ordered treatment under section 144G.72.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
 new text end

Sec. 39.

Minnesota Statutes 2024, section 144G.92, subdivision 2, is amended to read:


Subd. 2.

Retaliation against a resident.

new text begin A resident has the right to be free from
retaliation. new text end For purposes of this section, to retaliate against a resident includes but is not
limited to any of the following actions taken or threatened by a facility or an agent of the
facility against a resident, or any person with a familial, personal, legal, or professional
relationship with the resident:

(1) termination of a contract;

(2) any form of discrimination;

(3) restriction or prohibition of access:

(i) of the resident to the facility or visitors; or

(ii) of a family member or a person with a personal, legal, or professional relationship
with the resident, to the resident, unless the restriction is the result of a court order;

(4) the imposition of involuntary seclusion or the withholding of food, care, or services;

(5) restriction of any of the rights granted to residents under state or federal law;

(6) restriction or reduction of access to or use of amenities, care, services, privileges, or
living arrangements; or

(7) unauthorized removal, tampering with, or deprivation of technology, communication,
or electronic monitoring devices.

Sec. 40.

Minnesota Statutes 2024, section 144G.92, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Other remedies. new text end

new text begin In addition to the remedies otherwise provided by or available
under the law, a resident or a resident's legal representative may bring an action in district
court against a facility that retaliates against the resident in violation of this section. The
court may award damages, injunctive relief, and any other relief the court deems just and
equitable.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to causes
of action accruing on or after that date.
 new text end

Sec. 41.

Minnesota Statutes 2024, section 145C.07, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Visits by others. new text end

new text begin A health care agent may not restrict the ability of the principal
to communicate, visit, or interact with others, including receiving visitors, making or
receiving telephone calls, sending or receiving personal mail, sending or receiving electronic
communications including through social media, or participating in social activities, unless
the health care agent has good cause to believe a restriction is necessary because interaction
with the person poses a risk of significant physical, psychological, or financial harm to the
principal and there is no other means to avoid the significant harm. Notwithstanding section
145C.10, paragraph (c), restrictions made in violation of this subdivision carry no
presumption that the health care agent is acting in good faith.
 new text end

Sec. 42.

Minnesota Statutes 2024, section 145C.10, is amended to read:


145C.10 PRESUMPTIONS.

(a) The principal is presumed to have the capacity to execute a health care directive and
to revoke a health care directive, absent clear and convincing evidence to the contrary.

(b) A health care provider or health care agent may presume that a health care directive
is legally sufficient absent actual knowledge to the contrary. A health care directive is
presumed to be properly executed, absent clear and convincing evidence to the contrary.

(c) new text begin Except as provided in section 145C.07, subdivision 6, new text end a health care agent, and a
health care provider acting pursuant to the direction of a health care agent, are presumed to
be acting in good faith, absent clear and convincing evidence to the contrary.

(d) A health care directive is presumed to remain in effect until the principal modifies
or revokes it, absent clear and convincing evidence to the contrary.

(e) This chapter does not create a presumption concerning the intention of an individual
who has not executed a health care directive and, except as otherwise provided by section
145C.15, does not impair or supersede any right or responsibility of an individual to consent,
refuse to consent, or withdraw consent to health care on behalf of another in the absence of
a health care directive.

(f) A copy of a health care directive is presumed to be a true and accurate copy of the
executed original, absent clear and convincing evidence to the contrary, and must be given
the same effect as an original.

(g) When a patient lacks decision-making capacity and is pregnant, and in reasonable
medical judgment there is a real possibility that if health care to sustain her life and the life
of the fetus is provided the fetus could survive to the point of live birth, the health care
provider shall presume that the patient would have wanted such health care to be provided,
even if the withholding or withdrawal of such health care would be authorized were she not
pregnant. This presumption is negated by health care directive provisions described in
section 145C.05, subdivision 2, paragraph (a), clause (10), that are to the contrary, or, in
the absence of such provisions, by clear and convincing evidence that the patient's wishes,
while competent, were to the contrary.

Sec. 43. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota Statutes, section 144A.70,
subdivision 4a, as Minnesota Statutes, section 144A.70, subdivision 4c, and correct all
cross-references.
 new text end

new text begin (b) The revisor of statutes shall renumber Minnesota Statutes, section 144A.70,
subdivision 7, as Minnesota Statutes, section 144A.714, and correct all cross-references.
 new text end

Sec. 44. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 144G.9999, subdivisions 1, 2, and 3, new text end new text begin are repealed.
 new text end

ARTICLE 3

DIRECT CARE AND TREATMENT POLICY

Section 1.

Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read:


Subd. 3.

Investigative data.

(a) Data on persons, including data on vendors of services,
licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
system in an investigation, authorized by statute, and relating to the enforcement of rules
or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to statute or valid court order;

(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense;

(4) to an agent of the welfare system or an investigator acting on behalf of a county,
state, or federal government, including a law enforcement officer or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding, unless the
commissioner of human services deleted text begin ordeleted text end new text begin ; thenew text end commissioner of children, youth, and familiesnew text begin ; or
the Direct Care and Treatment executive boardnew text end determines that disclosure may compromise
a Department of Human Services deleted text begin ordeleted text end new text begin ;new text end Department of Children, Youth, and Familiesnew text begin ; or Direct
Care and Treatmentnew text end ongoing investigation; or

(5) to provide notices required or permitted by statute.

The data referred to in this subdivision shall be classified as public data upon submission
to an administrative law judge or court in an administrative or judicial proceeding. Inactive
welfare investigative data shall be treated as provided in section 13.39, subdivision 3.

(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for
mental health and developmental disabilities upon the request of the ombudsman.

(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
by the commissioner of human services of possible overpayments of public funds to a service
provider or recipient may be disclosed if the commissioner determines that it will not
compromise the investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 2.

Minnesota Statutes 2024, section 13.46, subdivision 4, is amended to read:


Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" are all data collected, maintained, used, or disseminated by the
welfare system pertaining to persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under the authority of the
commissioner of human services;

(2) "client" means a person who is receiving services from a licensee or from an applicant
for licensure; and

(3) "personal and personal financial data" are Social Security numbers, identity of and
letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license
holders, certification holders, and former licensees are public: name, address, telephone
number of licensees, email addresses except for family child foster care, date of receipt of
a completed application, dates of licensure, licensed capacity, type of client preferred,
variances granted, record of training and education in child care and child development,
type of dwelling, name and relationship of other family members, previous license history,
class of license, the existence and status of complaints, and the number of serious injuries
to or deaths of individuals in the licensed program as reported to the commissioner of human
services; the commissioner of children, youth, and families; the local social services agency;
or any other county welfare agency. For purposes of this clause, a serious injury is one that
is treated by a physician.

(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
an order of license suspension, an order of temporary immediate suspension, an order of
license revocation, an order of license denial, or an order of conditional license has been
issued, or a complaint is resolved, the following data on current and former licensees and
applicants are public: the general nature of the complaint or allegations leading to the
temporary immediate suspension; the substance and investigative findings of the licensing
or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
of settlement negotiations; the record of informal resolution of a licensing violation; orders
of hearing; findings of fact; conclusions of law; specifications of the final correction order,
fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; whether a fine has been paid; and the status of
any appeal of these actions.

(iii) When a license denial under section 142A.15 or 245A.05 or a sanction under section
142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity
of the applicant, license holder, or controlling individual as the individual responsible for
maltreatment is public data at the time of the issuance of the license denial or sanction.

(iv) When a license denial under section 142A.15 or 245A.05 or a sanction under section
142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
individual is disqualified under chapter 245C, the identity of the license holder, applicant,
or controlling individual as the disqualified individual is public data at the time of the
issuance of the licensing sanction or denial. If the applicant, license holder, or controlling
individual requests reconsideration of the disqualification and the disqualification is affirmed,
the reason for the disqualification and the reason to not set aside the disqualification are
private data.

(v) A correction order or fine issued to a child care provider for a licensing violation is
private data on individuals under section 13.02, subdivision 12, or nonpublic data under
section 13.02, subdivision 9, if the correction order or fine is seven years old or older.

(2) For applicants who withdraw their application prior to licensure or denial of a license,
the following data are public: the name of the applicant, the city and county in which the
applicant was seeking licensure, the dates of the commissioner's receipt of the initial
application and completed application, the type of license sought, and the date of withdrawal
of the application.

(3) For applicants who are denied a license, the following data are public: the name and
address of the applicant, the city and county in which the applicant was seeking licensure,
the dates of the commissioner's receipt of the initial application and completed application,
the type of license sought, the date of denial of the application, the nature of the basis for
the denial, the existence of settlement negotiations, the record of informal resolution of a
denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
order of denial, and the status of any appeal of the denial.

(4) When maltreatment is substantiated under section 626.557 or chapter 260E and the
victim and the substantiated perpetrator are affiliated with a program licensed under chapter
142B or 245A; the commissioner of human services; commissioner of children, youth, and
families; local social services agency; or county welfare agency may inform the license
holder where the maltreatment occurred of the identity of the substantiated perpetrator and
the victim.

(5) Notwithstanding clause (1), for child foster care, only the name of the license holder
and the status of the license are public if the county attorney has requested that data otherwise
classified as public data under clause (1) be considered private data based on the best interests
of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision 12,
or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
on family day care program and family foster care program applicants and licensees and
their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have made
reports concerning licensees or applicants that appear in inactive investigative data, and the
records of clients or employees of the licensee or applicant for licensure whose records are
received by the licensing agency for purposes of review or in anticipation of a contested
matter. The names of reporters of complaints or alleged violations of licensing standards
under chapters 142B, 245A, 245B, 245C, and 245D, and applicable rules and alleged
maltreatment under section 626.557 and chapter 260E, are confidential data and may be
disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557,
subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
subdivision become public data if submitted to a court or administrative law judge as part
of a disciplinary proceeding in which there is a public hearing concerning a license which
has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under this
subdivision that relate to or are derived from a report as defined in section 260E.03, or
626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,
subdivision 6, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.557 or chapter 260E may be exchanged with the Department of
Health for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant to
section 241.021.

(i) Data on individuals collected according to licensing activities under chapters 142B,
245A, and 245C, data on individuals collected by the commissioner of human services
according to investigations under section 626.557 and chapters 142B, 245A, 245B, 245C,
245D, and 260E may be shared with the Department of Human Rights, the Department of
Health, the Department of Corrections, the ombudsman for mental health and developmental
disabilities, and the individual's professional regulatory board when there is reason to believe
that laws or standards under the jurisdiction of those agencies may have been violated or
the information may otherwise be relevant to the board's regulatory jurisdiction. Background
study data on an individual who is the subject of a background study under chapter 245C
for a licensed service for which the commissioner of human services deleted text begin ordeleted text end new text begin ; the commissioner
ofnew text end children, youth, and familiesnew text begin ; or the Direct Care and Treatment executive boardnew text end is the
license holder may be shared with the commissioner and the commissioner's delegate by
the licensing division. Unless otherwise specified in this chapter, the identity of a reporter
of alleged maltreatment or licensing violations may not be disclosed.

(j) In addition to the notice of determinations required under sections 260E.24,
subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the
commissioner of children, youth, and families or the local social services agency has
determined that an individual is a substantiated perpetrator of maltreatment of a child based
on sexual abuse, as defined in section 260E.03, and the commissioner or local social services
agency knows that the individual is a person responsible for a child's care in another facility,
the commissioner or local social services agency shall notify the head of that facility of this
determination. The notification must include an explanation of the individual's available
appeal rights and the status of any appeal. If a notice is given under this paragraph, the
government entity making the notification shall provide a copy of the notice to the individual
who is the subject of the notice.

(k) All not public data collected, maintained, used, or disseminated under this subdivision
and subdivision 3 may be exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of regulating services for which
the Department of Human Services and the Department of Corrections have regulatory
authority.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 3.

Minnesota Statutes 2024, section 15.471, subdivision 6, is amended to read:


Subd. 6.

Party.

(a) Except as modified by paragraph (b), "party" means a person named
or admitted as a party, or seeking and entitled to be admitted as a party, in a court action or
contested case proceeding, or a person admitted by an administrative law judge for limited
purposes, and who is:

(1) an unincorporated business, partnership, corporation, association, or organization,
having not more than 500 employees at the time the civil action was filed or the contested
case proceeding was initiated; and

(2) an unincorporated business, partnership, corporation, association, or organization
whose annual revenues did not exceed $7,000,000 at the time the civil action was filed or
the contested case proceeding was initiated.

(b) "Party" also includes a partner, officer, shareholder, member, or owner of an entity
described in paragraph (a), clauses (1) and (2).

(c) "Party" does not include a person providing services pursuant to licensure or
reimbursement on a cost basis by the Department of Health deleted text begin ordeleted text end new text begin ,new text end the Department of Human
Services, new text begin or Direct Care and Treatment new text end when that person is named or admitted or seeking
to be admitted as a party in a matter which involves the licensing or reimbursement rates,
procedures, or methodology applicable to those services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 4.

Minnesota Statutes 2024, section 43A.241, is amended to read:


43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES.

(a) This section applies to a person who:

(1) was employed by the commissioner of corrections, the commissioner of human
services, or the Direct Care and Treatment executive board;

(2) was covered by the correctional employee retirement plan under section 352.91 or
the general state employees retirement plan of the Minnesota State Retirement System as
defined in section 352.021;

(3) while employed under clause (1), was assaulted by:

(i) a person under correctional supervision for a criminal offense; or

(ii) a client or patient at the Minnesota Sex Offender Program, or at a state-operated
forensic services program as defined in section 352.91, subdivision 3j; and

(4) as a direct result of the assault under clause (3), was determined to be totally and
permanently physically disabled under laws governing the Minnesota State Retirement
System.

(b) For a person to whom this section applies, the commissioner of corrections, the
commissioner of human services, or the Direct Care and Treatment executive board, using
existing budget resources, must continue to make the employer contribution for medical
and dental benefits under the State Employee Group Insurance Program after the person
terminates state service. If the person had dependent coverage at the time of terminating
state service, employer contributions for dependent coverage also must continue under this
section. The employer contributions must be in the amount of the employer contribution
for active state employees at the time each payment is made. The employer contributions
must continue until the person reaches age 65, provided the person makes the required
employee contributions, in the amount required of an active state employee, at the time and
in the manner specified by the commissioner deleted text begin or executive boarddeleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 5.

Minnesota Statutes 2024, section 62J.495, subdivision 2, is amended to read:


Subd. 2.

E-Health Advisory Committee.

(a) The commissioner shall establish an
e-Health Advisory Committee governed by section 15.059 to advise the commissioner on
the following matters:

(1) assessment of the adoption and effective use of health information technology by
the state, licensed health care providers and facilities, and local public health agencies;

(2) recommendations for implementing a statewide interoperable health information
infrastructure, to include estimates of necessary resources, and for determining standards
for clinical data exchange, clinical support programs, patient privacy requirements, and
maintenance of the security and confidentiality of individual patient data;

(3) recommendations for encouraging use of innovative health care applications using
information technology and systems to improve patient care and reduce the cost of care,
including applications relating to disease management and personal health management
that enable remote monitoring of patients' conditions, especially those with chronic
conditions; and

(4) other related issues as requested by the commissioner.

(b) The members of the e-Health Advisory Committee shall include the commissioners,
or commissioners' designees, of health, human services, administration, and commercenew text begin ; a
representative of the Direct Care and Treatment executive board;new text end and additional members
to be appointed by the commissioner to include persons representing Minnesota's local
public health agencies, licensed hospitals and other licensed facilities and providers, private
purchasers, the medical and nursing professions, health insurers and health plans, the state
quality improvement organization, academic and research institutions, consumer advisory
organizations with an interest and expertise in health information technology, and other
stakeholders as identified by the commissioner to fulfill the requirements of section 3013,
paragraph (g), of the HITECH Act.

(c) This subdivision expires June 30, 2031.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 6.

Minnesota Statutes 2024, section 97A.441, subdivision 3, is amended to read:


Subd. 3.

Angling; residents of state institutions.

The commissioner may issue a license,
without a fee, to take fish by angling to a person that is a ward of the commissioner of human
services and a resident of a state institution new text begin under the control of the Direct Care and Treatment
executive board new text end upon application by the commissioner of human services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 7.

Minnesota Statutes 2024, section 144.53, is amended to read:


144.53 FEES.

Each application for a license, or renewal thereof, to operate a hospital, sanitarium or
other institution for the hospitalization or care of human beings, within the meaning of
sections 144.50 to 144.56, except applications by the Minnesota Veterans Home, the
deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end for the licensing
of state institutionsnew text begin ,new text end or deleted text begin bydeleted text end the administrator for the licensing of the University of Minnesota
hospitals, shall be accompanied by a fee to be prescribed by the state commissioner of health
pursuant to section 144.122. No fee shall be refunded. Licenses shall expire and shall be
renewed as prescribed by the commissioner of health pursuant to section 144.122.

No license granted hereunder shall be assignable or transferable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 8.

Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read:


Subd. 2.

Definitions.

new text begin (a) new text end For the purposes of this section, "patient" means a person who
is admitted to an acute care inpatient facility for a continuous period longer than 24 hours,
for the purpose of diagnosis or treatment bearing on the physical or mental health of that
person. For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also
means a person who receives health care services at an outpatient surgical center or at a
birth center licensed under section 144.615. "Patient" also means a minor who is admitted
to a residential program as defined in deleted text begin section 253C.01deleted text end new text begin paragraph (c)new text end . For purposes of
subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any person who is receiving
mental health treatment on an outpatient basis or in a community support program or other
community-based program.

new text begin (b) new text end "Resident" means a person who is admitted to a nonacute care facility including
extended care facilities, nursing homes, and boarding care homes for care required because
of prolonged mental or physical illness or disability, recovery from injury or disease, or
advancing age. For purposes of all subdivisions except subdivisions 28 and 29, "resident"
also means a person who is admitted to a facility licensed as a board and lodging facility
under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care home under sections
144.50 to 144.56, or a supervised living facility under Minnesota Rules, parts 4665.0100
to 4665.9900, and which operates a rehabilitation program licensed under chapter 245G or
245I, or Minnesota Rules, parts 9530.6510 to 9530.6590.

new text begin (c) "Residential program" means (1) a hospital-based primary treatment program that
provides residential treatment to minors with emotional disturbance as defined by the
Comprehensive Children's Mental Health Act in sections 245.487 to 245.4889, or (2) a
facility licensed by the state under Minnesota Rules, parts 2960.0580 to 2960.0700, to
provide services to minors on a 24-hour basis.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 9.

Minnesota Statutes 2024, section 144.651, subdivision 4, is amended to read:


Subd. 4.

Information about rights.

Patients and residents shall, at admission, be told
that there are legal rights for their protection during their stay at the facility or throughout
their course of treatment and maintenance in the community and that these are described
in an accompanying written statement of the applicable rights and responsibilities set forth
in this section. In the case of patients admitted to residential programs as defined in deleted text begin section
253C.01deleted text end new text begin subdivision 2new text end , the written statement shall also describe the right of a person 16
years old or older to request release as provided in section 253B.04, subdivision 2, and shall
list the names and telephone numbers of individuals and organizations that provide advocacy
and legal services for patients in residential programs. Reasonable accommodations shall
be made for people who have communication disabilities and those who speak a language
other than English. Current facility policies, inspection findings of state and local health
authorities, and further explanation of the written statement of rights shall be available to
patients, residents, their guardians or their chosen representatives upon reasonable request
to the administrator or other designated staff person, consistent with chapter 13, the Data
Practices Act, and section 626.557, relating to vulnerable adults.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 10.

Minnesota Statutes 2024, section 144.651, subdivision 20, is amended to read:


Subd. 20.

Grievances.

Patients and residents shall be encouraged and assisted, throughout
their stay in a facility or their course of treatment, to understand and exercise their rights
as patients, residents, and citizens. Patients and residents may voice grievances and
recommend changes in policies and services to facility staff and others of their choice, free
from restraint, interference, coercion, discrimination, or reprisal, including threat of discharge.
Notice of the grievance procedure of the facility or program, as well as addresses and
telephone numbers for the Office of Health Facility Complaints and the area nursing home
ombudsman pursuant to the Older Americans Act, section 307(a)(12) shall be posted in a
conspicuous place.

Every acute care inpatient facility, every residential program as defined in deleted text begin section
253C.01deleted text end new text begin subdivision 2new text end , every nonacute care facility, and every facility employing more
than two people that provides outpatient mental health services shall have a written internal
grievance procedure that, at a minimum, sets forth the process to be followed; specifies
time limits, including time limits for facility response; provides for the patient or resident
to have the assistance of an advocate; requires a written response to written grievances; and
provides for a timely decision by an impartial decision maker if the grievance is not otherwise
resolved. Compliance by hospitals, residential programs as defined in deleted text begin section 253C.01deleted text end new text begin
subdivision 2new text end which are hospital-based primary treatment programs, and outpatient surgery
centers with section 144.691 and compliance by health maintenance organizations with
section 62D.11 is deemed to be compliance with the requirement for a written internal
grievance procedure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 11.

Minnesota Statutes 2024, section 144.651, subdivision 31, is amended to read:


Subd. 31.

Isolation and restraints.

A minor patient who has been admitted to a
residential program as defined in deleted text begin section 253C.01deleted text end new text begin subdivision 2new text end has the right to be free from
physical restraint and isolation except in emergency situations involving a likelihood that
the patient will physically harm the patient's self or others. These procedures may not be
used for disciplinary purposes, to enforce program rules, or for the convenience of staff.
Isolation or restraint may be used only upon the prior authorization of a physician, advanced
practice registered nurse, physician assistant, psychiatrist, or licensed psychologist, only
when less restrictive measures are ineffective or not feasible and only for the shortest time
necessary.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 12.

Minnesota Statutes 2024, section 144.651, subdivision 32, is amended to read:


Subd. 32.

Treatment plan.

A minor patient who has been admitted to a residential
program as defined in deleted text begin section 253C.01deleted text end new text begin subdivision 2new text end has the right to a written treatment
plan that describes in behavioral terms the case problems, the precise goals of the plan, and
the procedures that will be utilized to minimize the length of time that the minor requires
inpatient treatment. The plan shall also state goals for release to a less restrictive facility
and follow-up treatment measures and services, if appropriate. To the degree possible, the
minor patient and the minor patient's parents or guardian shall be involved in the development
of the treatment and discharge plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 13.

Minnesota Statutes 2024, section 144A.07, is amended to read:


144A.07 FEES.

Each application for a license to operate a nursing home, or for a renewal of license,
except an application by the Minnesota Veterans Home or the deleted text begin commissioner of human
servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end for the licensing of state institutions,
shall be accompanied by a fee to be prescribed by the commissioner of health pursuant to
section 144.122. No fee shall be refunded.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 14.

Minnesota Statutes 2024, section 146A.08, subdivision 4, is amended to read:


Subd. 4.

Examination; access to medical data.

(a) If the commissioner has probable
cause to believe that an unlicensed complementary and alternative health care practitioner
has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or (k), the
commissioner may issue an order directing the practitioner to submit to a mental or physical
examination or substance use disorder evaluation. For the purpose of this subdivision, every
unlicensed complementary and alternative health care practitioner is deemed to have
consented to submit to a mental or physical examination or substance use disorder evaluation
when ordered to do so in writing by the commissioner and further to have waived all
objections to the admissibility of the testimony or examination reports of the health care
provider performing the examination or evaluation on the grounds that the same constitute
a privileged communication. Failure of an unlicensed complementary and alternative health
care practitioner to submit to an examination or evaluation when ordered, unless the failure
was due to circumstances beyond the practitioner's control, constitutes an admission that
the unlicensed complementary and alternative health care practitioner violated subdivision
1, paragraph (h), (i), (j), or (k), based on the factual specifications in the examination or
evaluation order and may result in a default and final disciplinary order being entered after
a contested case hearing. An unlicensed complementary and alternative health care
practitioner affected under this paragraph shall at reasonable intervals be given an opportunity
to demonstrate that the practitioner can resume the provision of complementary and
alternative health care practices with reasonable safety to clients. In any proceeding under
this paragraph, neither the record of proceedings nor the orders entered by the commissioner
shall be used against an unlicensed complementary and alternative health care practitioner
in any other proceeding.

(b) In addition to ordering a physical or mental examination or substance use disorder
evaluation, the commissioner may, notwithstanding section 13.384; 144.651; 595.02; or
any other law limiting access to medical or other health data, obtain medical data and health
records relating to an unlicensed complementary and alternative health care practitioner
without the practitioner's consent if the commissioner has probable cause to believe that a
practitioner has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or
(k). The medical data may be requested from a provider as defined in section 144.291,
subdivision 2, paragraph (i), an insurance company, or a government agency, including the
Department of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance
company, or government agency shall comply with any written request of the commissioner
under this subdivision and is not liable in any action for damages for releasing the data
requested by the commissioner if the data are released pursuant to a written request under
this subdivision, unless the information is false and the person or organization giving the
information knew or had reason to believe the information was false. Information obtained
under this subdivision is private data under section 13.41.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 15.

Minnesota Statutes 2024, section 147.091, subdivision 6, is amended to read:


Subd. 6.

Mental examination; access to medical data.

(a) If the board has probable
cause to believe that a regulated person comes under subdivision 1, paragraph (1), it may
direct the person to submit to a mental or physical examination. For the purpose of this
subdivision every regulated person is deemed to have consented to submit to a mental or
physical examination when directed in writing by the board and further to have waived all
objections to the admissibility of the examining physicians' testimony or examination reports
on the ground that the same constitute a privileged communication. Failure of a regulated
person to submit to an examination when directed constitutes an admission of the allegations
against the person, unless the failure was due to circumstance beyond the person's control,
in which case a default and final order may be entered without the taking of testimony or
presentation of evidence. A regulated person affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that the person can resume the competent
practice of the regulated profession with reasonable skill and safety to the public.

In any proceeding under this paragraph, neither the record of proceedings nor the orders
entered by the board shall be used against a regulated person in any other proceeding.

(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a regulated person or
applicant without the person's or applicant's consent if the board has probable cause to
believe that a regulated person comes under subdivision 1, paragraph (1). The medical data
may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph
(i), an insurance company, or a government agency, including the Department of Human
Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance company, or government
agency shall comply with any written request of the board under this subdivision and is not
liable in any action for damages for releasing the data requested by the board if the data are
released pursuant to a written request under this subdivision, unless the information is false
and the provider giving the information knew, or had reason to believe, the information was
false. Information obtained under this subdivision is classified as private under sections
13.01 to 13.87.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 16.

Minnesota Statutes 2024, section 147A.13, subdivision 6, is amended to read:


Subd. 6.

Mental examination; access to medical data.

(a) If the board has probable
cause to believe that a physician assistant comes under subdivision 1, clause (1), it may
direct the physician assistant to submit to a mental or physical examination. For the purpose
of this subdivision, every physician assistant licensed under this chapter is deemed to have
consented to submit to a mental or physical examination when directed in writing by the
board and further to have waived all objections to the admissibility of the examining
physicians' testimony or examination reports on the ground that the same constitute a
privileged communication. Failure of a physician assistant to submit to an examination
when directed constitutes an admission of the allegations against the physician assistant,
unless the failure was due to circumstance beyond the physician assistant's control, in which
case a default and final order may be entered without the taking of testimony or presentation
of evidence. A physician assistant affected under this subdivision shall at reasonable intervals
be given an opportunity to demonstrate that the physician assistant can resume competent
practice with reasonable skill and safety to patients. In any proceeding under this subdivision,
neither the record of proceedings nor the orders entered by the board shall be used against
a physician assistant in any other proceeding.

(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the licensee's or applicant's consent if the board has probable cause to believe that
a physician assistant comes under subdivision 1, clause (1).

The medical data may be requested from a provider, as defined in section 144.291,
subdivision 2, paragraph (i), an insurance company, or a government agency, including the
Department of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance
company, or government agency shall comply with any written request of the board under
this subdivision and is not liable in any action for damages for releasing the data requested
by the board if the data are released pursuant to a written request under this subdivision,
unless the information is false and the provider giving the information knew, or had reason
to believe, the information was false. Information obtained under this subdivision is classified
as private under chapter 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 17.

Minnesota Statutes 2024, section 148.10, subdivision 1, is amended to read:


Subdivision 1.

Grounds.

(a) The state Board of Chiropractic Examiners may refuse to
grant, or may revoke, suspend, condition, limit, restrict or qualify a license to practice
chiropractic, or may cause the name of a person licensed to be removed from the records
in the office of the court administrator of the district court for:

(1) advertising that is false or misleading; that violates a rule of the board; or that claims
the cure of any condition or disease;

(2) the employment of fraud or deception in applying for a license or in passing the
examination provided for in section 148.06 or conduct which subverts or attempts to subvert
the licensing examination process;

(3) the practice of chiropractic under a false or assumed name or the impersonation of
another practitioner of like or different name;

(4) the conviction of a crime involving moral turpitude;

(5) the conviction, during the previous five years, of a felony reasonably related to the
practice of chiropractic;

(6) habitual intemperance in the use of alcohol or drugs;

(7) practicing under a license which has not been renewed;

(8) advanced physical or mental disability;

(9) the revocation or suspension of a license to practice chiropractic; or other disciplinary
action against the licensee; or the denial of an application for a license by the proper licensing
authority of another state, territory or country; or failure to report to the board that charges
regarding the person's license have been brought in another state or jurisdiction;

(10) the violation of, or failure to comply with, the provisions of sections 148.01 to
148.105, the rules of the state Board of Chiropractic Examiners, or a lawful order of the
board;

(11) unprofessional conduct;

(12) being unable to practice chiropractic with reasonable skill and safety to patients by
reason of illness, professional incompetence, senility, drunkenness, use of drugs, narcotics,
chemicals or any other type of material, or as a result of any mental or physical condition,
including deterioration through the aging process or loss of motor skills. If the board has
probable cause to believe that a person comes within this clause, it shall direct the person
to submit to a mental or physical examination. For the purpose of this clause, every person
licensed under this chapter shall be deemed to have given consent to submit to a mental or
physical examination when directed in writing by the board and further to have waived all
objections to the admissibility of the examining physicians' testimony or examination reports
on the ground that the same constitute a privileged communication. Failure of a person to
submit to such examination when directed shall constitute an admission of the allegations,
unless the failure was due to circumstances beyond the person's control, in which case a
default and final order may be entered without the taking of testimony or presentation of
evidence. A person affected under this clause shall at reasonable intervals be afforded an
opportunity to demonstrate that the person can resume the competent practice of chiropractic
with reasonable skill and safety to patients.

In addition to ordering a physical or mental examination, the board may, notwithstanding
section 13.384, 144.651, or any other law limiting access to health data, obtain health data
and health records relating to a licensee or applicant without the licensee's or applicant's
consent if the board has probable cause to believe that a doctor of chiropractic comes under
this clause. The health data may be requested from a provider, as defined in section 144.291,
subdivision 2, paragraph (i), an insurance company, or a government agency, including the
Department of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance
company, or government agency shall comply with any written request of the board under
this subdivision and is not liable in any action for damages for releasing the data requested
by the board if the data are released pursuant to a written request under this subdivision,
unless the information is false and the provider or entity giving the information knew, or
had reason to believe, the information was false. Information obtained under this subdivision
is classified as private under sections 13.01 to 13.87.

In any proceeding under this clause, neither the record of proceedings nor the orders
entered by the board shall be used against a person in any other proceeding;

(13) aiding or abetting an unlicensed person in the practice of chiropractic, except that
it is not a violation of this clause for a doctor of chiropractic to employ, supervise, or delegate
functions to a qualified person who may or may not be required to obtain a license or
registration to provide health services if that person is practicing within the scope of the
license or registration or delegated authority;

(14) improper management of health records, including failure to maintain adequate
health records as described in clause (18), to comply with a patient's request made under
sections 144.291 to 144.298 or to furnish a health record or report required by law;

(15) failure to make reports required by section 148.102, subdivisions 2 and 5, or to
cooperate with an investigation of the board as required by section 148.104, or the submission
of a knowingly false report against another doctor of chiropractic under section 148.10,
subdivision 3;

(16) splitting fees, or promising to pay a portion of a fee or a commission, or accepting
a rebate;

(17) revealing a privileged communication from or relating to a patient, except when
otherwise required or permitted by law;

(18) failing to keep written chiropractic records justifying the course of treatment of the
patient, including, but not limited to, patient histories, examination results, test results, and
x-rays. Unless otherwise required by law, written records need not be retained for more
than seven years and x-rays need not be retained for more than four years;

(19) exercising influence on the patient or client in such a manner as to exploit the patient
or client for financial gain of the licensee or of a third party which shall include, but not be
limited to, the promotion or sale of services, goods, or appliances;

(20) gross or repeated malpractice or the failure to practice chiropractic at a level of
care, skill, and treatment which is recognized by a reasonably prudent chiropractor as being
acceptable under similar conditions and circumstances; or

(21) delegating professional responsibilities to a person when the licensee delegating
such responsibilities knows or has reason to know that the person is not qualified by training,
experience, or licensure to perform them.

(b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts to
subvert the licensing examination process includes, but is not limited to: (1) conduct that
violates the security of the examination materials, such as removing examination materials
from the examination room or having unauthorized possession of any portion of a future,
current, or previously administered licensing examination; (2) conduct that violates the
standard of test administration, such as communicating with another examinee during
administration of the examination, copying another examinee's answers, permitting another
examinee to copy one's answers, or possessing unauthorized materials; or (3) impersonating
an examinee or permitting an impersonator to take the examination on one's own behalf.

(c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these
subdivisions includes a conviction of an offense that if committed in this state would be
deemed a felony without regard to its designation elsewhere, or a criminal proceeding where
a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld
or not entered.

(d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment
or proceeding under seal of the administrator of the court or of the administrative agency
which entered the same shall be admissible into evidence without further authentication
and shall constitute prima facie evidence of its contents.

(e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any
unethical, deceptive or deleterious conduct or practice harmful to the public, any departure
from or the failure to conform to the minimal standards of acceptable chiropractic practice,
or a willful or careless disregard for the health, welfare or safety of patients, in any of which
cases proof of actual injury need not be established. Unprofessional conduct shall include,
but not be limited to, the following acts of a chiropractor:

(1) gross ignorance of, or incompetence in, the practice of chiropractic;

(2) engaging in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a patient;

(3) performing unnecessary services;

(4) charging a patient an unconscionable fee or charging for services not rendered;

(5) directly or indirectly engaging in threatening, dishonest, or misleading fee collection
techniques;

(6) perpetrating fraud upon patients, third-party payors, or others, relating to the practice
of chiropractic, including violations of the Medicare or Medicaid laws or state medical
assistance laws;

(7) advertising that the licensee will accept for services rendered assigned payments
from any third-party payer as payment in full, if the effect is to give the impression of
eliminating the need of payment by the patient of any required deductible or co-payment
applicable in the patient's health benefit plan. As used in this clause, "advertise" means
solicitation by the licensee by means of handbills, posters, circulars, motion pictures, radio,
newspapers, television, or in any other manner. In addition to the board's power to punish
for violations of this clause, violation of this clause is also a misdemeanor;

(8) accepting for services rendered assigned payments from any third-party payer as
payment in full, if the effect is to eliminate the need of payment by the patient of any required
deductible or co-payment applicable in the patient's health benefit plan, except as hereinafter
provided; and

(9) any other act that the board by rule may define.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 18.

Minnesota Statutes 2024, section 148.261, subdivision 5, is amended to read:


Subd. 5.

Examination; access to medical data.

The board may take the following
actions if it has probable cause to believe that grounds for disciplinary action exist under
subdivision 1, clause (9) or (10):

(a) It may direct the applicant or nurse to submit to a mental or physical examination or
substance use disorder evaluation. For the purpose of this subdivision, when a nurse licensed
under sections 148.171 to 148.285 is directed in writing by the board to submit to a mental
or physical examination or substance use disorder evaluation, that person is considered to
have consented and to have waived all objections to admissibility on the grounds of privilege.
Failure of the applicant or nurse to submit to an examination when directed constitutes an
admission of the allegations against the applicant or nurse, unless the failure was due to
circumstances beyond the person's control, and the board may enter a default and final order
without taking testimony or allowing evidence to be presented. A nurse affected under this
paragraph shall, at reasonable intervals, be given an opportunity to demonstrate that the
competent practice of professional, advanced practice registered, or practical nursing can
be resumed with reasonable skill and safety to patients. Neither the record of proceedings
nor the orders entered by the board in a proceeding under this paragraph, may be used
against a nurse in any other proceeding.

(b) It may, notwithstanding sections 13.384, 144.651, 595.02, or any other law limiting
access to medical or other health data, obtain medical data and health records relating to a
registered nurse, advanced practice registered nurse, licensed practical nurse, or applicant
for a license without that person's consent. The medical data may be requested from a
provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance company,
or a government agency, including the Department of Human Servicesnew text begin and Direct Care and
Treatmentnew text end . A provider, insurance company, or government agency shall comply with any
written request of the board under this subdivision and is not liable in any action for damages
for releasing the data requested by the board if the data are released pursuant to a written
request under this subdivision unless the information is false and the provider giving the
information knew, or had reason to believe, the information was false. Information obtained
under this subdivision is classified as private data on individuals as defined in section 13.02.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 19.

Minnesota Statutes 2024, section 148.754, is amended to read:


148.754 EXAMINATION; ACCESS TO MEDICAL DATA.

(a) If the board has probable cause to believe that a licensee comes under section 148.75,
paragraph (a), clause (2), it may direct the licensee to submit to a mental or physical
examination. For the purpose of this paragraph, every licensee is deemed to have consented
to submit to a mental or physical examination when directed in writing by the board and
further to have waived all objections to the admissibility of the examining physicians'
testimony or examination reports on the ground that they constitute a privileged
communication. Failure of the licensee to submit to an examination when directed constitutes
an admission of the allegations against the person, unless the failure was due to circumstances
beyond the person's control, in which case a default and final order may be entered without
the taking of testimony or presentation of evidence. A licensee affected under this paragraph
shall, at reasonable intervals, be given an opportunity to demonstrate that the person can
resume the competent practice of physical therapy with reasonable skill and safety to the
public.

(b) In any proceeding under paragraph (a), neither the record of proceedings nor the
orders entered by the board shall be used against a licensee in any other proceeding.

(c) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the person's or applicant's consent if the board has probable cause to believe that
the person comes under paragraph (a). The medical data may be requested from a provider,
as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, or a
government agency, including the Department of Human Servicesnew text begin and Direct Care and
Treatmentnew text end . A provider, insurance company, or government agency shall comply with any
written request of the board under this paragraph and is not liable in any action for damages
for releasing the data requested by the board if the data are released pursuant to a written
request under this paragraph, unless the information is false and the provider giving the
information knew, or had reason to believe, the information was false. Information obtained
under this paragraph is classified as private under sections 13.01 to 13.87.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 20.

Minnesota Statutes 2024, section 148B.5905, is amended to read:


148B.5905 MENTAL, PHYSICAL, OR SUBSTANCE USE DISORDER
EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.

(a) If the board has probable cause to believe section 148B.59, paragraph (a), clause (9),
applies to a licensee or applicant, the board may direct the person to submit to a mental,
physical, or substance use disorder examination or evaluation. For the purpose of this section,
every licensee and applicant is deemed to have consented to submit to a mental, physical,
or substance use disorder examination or evaluation when directed in writing by the board
and to have waived all objections to the admissibility of the examining professionals'
testimony or examination reports on the grounds that the testimony or examination reports
constitute a privileged communication. Failure of a licensee or applicant to submit to an
examination when directed by the board constitutes an admission of the allegations against
the person, unless the failure was due to circumstances beyond the person's control, in which
case a default and final order may be entered without the taking of testimony or presentation
of evidence. A licensee or applicant affected under this paragraph shall at reasonable intervals
be given an opportunity to demonstrate that the person can resume the competent practice
of licensed professional counseling with reasonable skill and safety to the public. In any
proceeding under this paragraph, neither the record of proceedings nor the orders entered
by the board shall be used against a licensee or applicant in any other proceeding.

(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the licensee's or applicant's consent if the board has probable cause to believe that
section 148B.59, paragraph (a), clause (9), applies to the licensee or applicant. The medical
data may be requested from a provider, as defined in section 144.291, subdivision 2,
paragraph (i); an insurance company; or a government agency, including the Department
of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance company, or
government agency shall comply with any written request of the board under this subdivision
and is not liable in any action for damages for releasing the data requested by the board if
the data are released pursuant to a written request under this subdivision, unless the
information is false and the provider giving the information knew, or had reason to believe,
the information was false. Information obtained under this subdivision is classified as private
under sections 13.01 to 13.87.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 21.

Minnesota Statutes 2024, section 148F.09, subdivision 6, is amended to read:


Subd. 6.

Mental, physical, or chemical health evaluation.

(a) If the board has probable
cause to believe that an applicant or licensee is unable to practice alcohol and drug counseling
with reasonable skill and safety due to a mental or physical illness or condition, the board
may direct the individual to submit to a mental, physical, or chemical dependency
examination or evaluation.

(1) For the purposes of this section, every licensee and applicant is deemed to have
consented to submit to a mental, physical, or chemical dependency examination or evaluation
when directed in writing by the board and to have waived all objections to the admissibility
of the examining professionals' testimony or examination reports on the grounds that the
testimony or examination reports constitute a privileged communication.

(2) Failure of a licensee or applicant to submit to an examination when directed by the
board constitutes an admission of the allegations against the person, unless the failure was
due to circumstances beyond the person's control, in which case a default and final order
may be entered without the taking of testimony or presentation of evidence.

(3) A licensee or applicant affected under this subdivision shall at reasonable intervals
be given an opportunity to demonstrate that the licensee or applicant can resume the
competent practice of licensed alcohol and drug counseling with reasonable skill and safety
to the public.

(4) In any proceeding under this subdivision, neither the record of proceedings nor the
orders entered by the board shall be used against the licensee or applicant in any other
proceeding.

(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384 or sections 144.291 to 144.298, or any other law limiting
access to medical or other health data, obtain medical data and health records relating to a
licensee or applicant without the licensee's or applicant's consent if the board has probable
cause to believe that subdivision 1, clause (9), applies to the licensee or applicant. The
medical data may be requested from:

(1) a provider, as defined in section 144.291, subdivision 2, paragraph (i);

(2) an insurance company; or

(3) a government agency, including the Department of Human Servicesnew text begin and Direct Care
and Treatmentnew text end .

(c) A provider, insurance company, or government agency must comply with any written
request of the board under this subdivision and is not liable in any action for damages for
releasing the data requested by the board if the data are released pursuant to a written request
under this subdivision, unless the information is false and the provider giving the information
knew, or had reason to believe, the information was false.

(d) Information obtained under this subdivision is private data on individuals as defined
in section 13.02, subdivision 12.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 22.

Minnesota Statutes 2024, section 150A.08, subdivision 6, is amended to read:


Subd. 6.

Medical records.

Notwithstanding contrary provisions of sections 13.384 and
144.651 or any other statute limiting access to medical or other health data, the board may
obtain medical data and health records of a licensee or applicant without the licensee's or
applicant's consent if the information is requested by the board as part of the process specified
in subdivision 5. The medical data may be requested from a provider, as defined in section
144.291, subdivision 2, paragraph (h), an insurance company, or a government agency,
including the Department of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider,
insurance company, or government agency shall comply with any written request of the
board under this subdivision and shall not be liable in any action for damages for releasing
the data requested by the board if the data are released pursuant to a written request under
this subdivision, unless the information is false and the provider giving the information
knew, or had reason to believe, the information was false. Information obtained under this
subdivision shall be classified as private under the Minnesota Government Data Practices
Act.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 23.

Minnesota Statutes 2024, section 151.071, subdivision 10, is amended to read:


Subd. 10.

Mental examination; access to medical data.

(a) If the board receives a
complaint and has probable cause to believe that an individual licensed or registered by the
board falls under subdivision 2, clause (14), it may direct the individual to submit to a mental
or physical examination. For the purpose of this subdivision, every licensed or registered
individual is deemed to have consented to submit to a mental or physical examination when
directed in writing by the board and further to have waived all objections to the admissibility
of the examining practitioner's testimony or examination reports on the grounds that the
same constitute a privileged communication. Failure of a licensed or registered individual
to submit to an examination when directed constitutes an admission of the allegations against
the individual, unless the failure was due to circumstances beyond the individual's control,
in which case a default and final order may be entered without the taking of testimony or
presentation of evidence. Pharmacists affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that they can resume the competent practice
of the profession of pharmacy with reasonable skill and safety to the public. Pharmacist
interns, pharmacy technicians, or controlled substance researchers affected under this
paragraph shall at reasonable intervals be given an opportunity to demonstrate that they can
competently resume the duties that can be performed, under this chapter or the rules of the
board, by similarly registered persons with reasonable skill and safety to the public. In any
proceeding under this paragraph, neither the record of proceedings nor the orders entered
by the board shall be used against a licensed or registered individual in any other proceeding.

(b) Notwithstanding section 13.384, 144.651, or any other law limiting access to medical
or other health data, the board may obtain medical data and health records relating to an
individual licensed or registered by the board, or to an applicant for licensure or registration,
without the individual's consent when the board receives a complaint and has probable cause
to believe that the individual is practicing in violation of subdivision 2, clause (14), and the
data and health records are limited to the complaint. The medical data may be requested
from a provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance
company, or a government agency, including the Department of Human Servicesnew text begin and Direct
Care and Treatmentnew text end . A provider, insurance company, or government agency shall comply
with any written request of the board under this subdivision and is not liable in any action
for damages for releasing the data requested by the board if the data are released pursuant
to a written request under this subdivision, unless the information is false and the provider
giving the information knew, or had reason to believe, the information was false. Information
obtained under this subdivision is classified as private under sections 13.01 to 13.87.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 24.

Minnesota Statutes 2024, section 153.21, subdivision 2, is amended to read:


Subd. 2.

Access to medical data.

In addition to ordering a physical or mental examination
or substance use disorder evaluation, the board may, notwithstanding section 13.384, 144.651,
or any other law limiting access to medical or other health data, obtain medical data and
health records relating to a licensee or applicant without the licensee's or applicant's consent
if the board has probable cause to believe that a doctor of podiatric medicine falls within
the provisions of section 153.19, subdivision 1, clause (12). The medical data may be
requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h), an
insurance company, or a government agency, including the Department of Human Servicesnew text begin
and Direct Care and Treatmentnew text end . A provider, insurance company, or government agency
shall comply with any written request of the board under this section and is not liable in
any action for damages for releasing the data requested by the board if the data are released
in accordance with a written request under this section, unless the information is false and
the provider giving the information knew, or had reason to believe, the information was
false.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 25.

Minnesota Statutes 2024, section 153B.70, is amended to read:


153B.70 GROUNDS FOR DISCIPLINARY ACTION.

(a) The board may refuse to issue or renew a license, revoke or suspend a license, or
place on probation or reprimand a licensee for one or any combination of the following:

(1) making a material misstatement in furnishing information to the board;

(2) violating or intentionally disregarding the requirements of this chapter;

(3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the
profession. Conviction, as used in this clause, includes a conviction of an offense which, if
committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilty is made or returned but the adjudication of guilt is either withheld or not
entered;

(4) making a misrepresentation in order to obtain or renew a license;

(5) displaying a pattern of practice or other behavior that demonstrates incapacity or
incompetence to practice;

(6) aiding or assisting another person in violating the provisions of this chapter;

(7) failing to provide information within 60 days in response to a written request from
the board, including documentation of completion of continuing education requirements;

(8) engaging in dishonorable, unethical, or unprofessional conduct;

(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;

(10) inability to practice due to habitual intoxication, addiction to drugs, or mental or
physical illness;

(11) being disciplined by another state or territory of the United States, the federal
government, a national certification organization, or foreign nation, if at least one of the
grounds for the discipline is the same or substantially equivalent to one of the grounds in
this section;

(12) directly or indirectly giving to or receiving from a person, firm, corporation,
partnership, or association a fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered;

(13) incurring a finding by the board that the licensee, after the licensee has been placed
on probationary status, has violated the conditions of the probation;

(14) abandoning a patient or client;

(15) willfully making or filing false records or reports in the course of the licensee's
practice including, but not limited to, false records or reports filed with state or federal
agencies;

(16) willfully failing to report child maltreatment as required under the Maltreatment of
Minors Act, chapter 260E; or

(17) soliciting professional services using false or misleading advertising.

(b) A license to practice is automatically suspended if (1) a guardian of a licensee is
appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other
than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant
to chapter 253B. The license remains suspended until the licensee is restored to capacity
by a court and, upon petition by the licensee, the suspension is terminated by the board after
a hearing. The licensee may be reinstated to practice, either with or without restrictions, by
demonstrating clear and convincing evidence of rehabilitation. The regulated person is not
required to prove rehabilitation if the subsequent court decision overturns previous court
findings of public risk.

(c) If the board has probable cause to believe that a licensee or applicant has violated
paragraph (a), clause (10), it may direct the person to submit to a mental or physical
examination. For the purpose of this section, every person is deemed to have consented to
submit to a mental or physical examination when directed in writing by the board and to
have waived all objections to the admissibility of the examining physician's testimony or
examination report on the grounds that the testimony or report constitutes a privileged
communication. Failure of a regulated person to submit to an examination when directed
constitutes an admission of the allegations against the person, unless the failure was due to
circumstances beyond the person's control, in which case a default and final order may be
entered without the taking of testimony or presentation of evidence. A regulated person
affected under this paragraph shall at reasonable intervals be given an opportunity to
demonstrate that the person can resume the competent practice of the regulated profession
with reasonable skill and safety to the public. In any proceeding under this paragraph, neither
the record of proceedings nor the orders entered by the board shall be used against a regulated
person in any other proceeding.

(d) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the person's or applicant's consent if the board has probable cause to believe that a
licensee is subject to paragraph (a), clause (10). The medical data may be requested from
a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company,
or a government agency, including the Department of Human Servicesnew text begin and Direct Care and
Treatmentnew text end . A provider, insurance company, or government agency shall comply with any
written request of the board under this section and is not liable in any action for damages
for releasing the data requested by the board if the data are released pursuant to a written
request under this section, unless the information is false and the provider giving the
information knew, or had reason to know, the information was false. Information obtained
under this section is private data on individuals as defined in section 13.02.

(e) If the board issues an order of immediate suspension of a license, a hearing must be
held within 30 days of the suspension and completed without delay.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 26.

Minnesota Statutes 2024, section 168.012, subdivision 1, is amended to read:


Subdivision 1.

Vehicles exempt from tax, fees, or plate display.

(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of official business by the federal
government, the state, or any political subdivision;

(2) vehicles owned and used exclusively by educational institutions and used solely in
the transportation of pupils to and from those institutions;

(3) vehicles used solely in driver education programs at nonpublic high schools;

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;

(5) vehicles owned by nonprofit charities and used exclusively for disaster response and
related activities;

(6) vehicles owned by ambulance services licensed under section 144E.10 that are
equipped and specifically intended for emergency response or providing ambulance services;
and

(7) vehicles owned by a commercial driving school licensed under section 171.34, or
an employee of a commercial driving school licensed under section 171.34, and the vehicle
is used exclusively for driver education and training.

(b) Provided the general appearance of the vehicle is unmistakable, the following vehicles
are not required to register or display number plates:

(1) vehicles owned by the federal government;

(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the
state or a political subdivision;

(3) police patrols owned or leased by the state or a political subdivision; and

(4) ambulances owned or leased by the state or a political subdivision.

(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections or by conservation officers of the Division of Enforcement
and Field Service of the Department of Natural Resources, must be registered and must
display appropriate license number plates, furnished by the registrar at cost. Original and
renewal applications for these license plates authorized for use in general police work and
for use by the Department of Corrections or by conservation officers must be accompanied
by a certification signed by the appropriate chief of police if issued to a police vehicle, the
appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if issued
to a Department of Corrections vehicle, or the appropriate officer in charge if issued to a
vehicle of any other law enforcement agency. The certification must be on a form prescribed
by the commissioner and state that the vehicle will be used exclusively for a purpose
authorized by this section.

(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used exclusively for the purposes authorized
by this section.

(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original and
renewal applications for these passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of health. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the Division of Disease Prevention and Control.

(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license plates must be
accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.

(g) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by deleted text begin the Department of Human Services' Office of Special Investigations' staff;
the Minnesota Sex Offender Program's executive director and the executive director's staff;
anddeleted text end the Office of Inspector General's staff, including, but not limited to, county fraud
prevention investigators, must be registered and must display passenger vehicle classification
license number plates, furnished by the registrar at cost. Original and renewal applications
for passenger vehicle license plates must be accompanied by a certification signed by the
commissioner of human services. The certification must be on a form prescribed by the
commissioner and state that the vehicles must be used exclusively for the official duties of
the Office of Special Investigations' staffdeleted text begin ; the Minnesota Sex Offender Program's executive
director and the executive director's staff;deleted text end and the Office of the Inspector General's staff,
including, but not limited to, contract and county fraud prevention investigators.

new text begin (h) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by the Direct Care and Treatment Office of Special Investigations' staff and
unmarked vehicles used by the Minnesota Sex Offender Program's executive director and
the executive director's staff must be registered and must display passenger vehicle
classification license number plates, furnished by the registrar at cost. Original and renewal
applications for passenger vehicle license plates must be accompanied by a certification
signed by the Direct Care and Treatment executive board. The certification must be on a
form prescribed by the commissioner and state that the vehicles must be used exclusively
for the official duties of the Minnesota Sex Offender Program's executive director and the
executive director's staff, including but not limited to contract and county fraud prevention
investigators.
 new text end

deleted text begin (h)deleted text end new text begin (i)new text end Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on the
sides of the vehicle. The vehicle must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license plates must be
accompanied by a certification signed by the hospital administrator. The certification must
be on a form prescribed by the deleted text begin commissionerdeleted text end new text begin Direct Care and Treatment executive boardnew text end
and state that the vehicles will be used exclusively for the official duties of the state hospital
or institution.

deleted text begin (i)deleted text end new text begin (j)new text end Each county social service agency may have vehicles used for child and vulnerable
adult protective services without the required identification on the sides of the vehicle. The
vehicles must be registered and must display passenger vehicle classification license number
plates. These plates must be furnished at cost by the registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by a certification
signed by the agency administrator. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used exclusively for the official duties of
the social service agency.

deleted text begin (j)deleted text end new text begin (k)new text end Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by tobacco inspector staff of the Department of Human Services' Alcohol and
Drug Abuse Division for the purposes of tobacco inspections, investigations, and reviews
must be registered and must display passenger vehicle classification license number plates,
furnished at cost by the registrar. Original and renewal applications for passenger vehicle
license plates must be accompanied by a certification signed by the commissioner of human
services. The certification must be on a form prescribed by the commissioner and state that
the vehicles will be used exclusively by tobacco inspector staff for the duties specified in
this paragraph.

deleted text begin (k)deleted text end new text begin (l)new text end All other motor vehicles must be registered and display tax-exempt number plates,
furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles required
to display tax-exempt number plates must have the name of the state department or political
subdivision, nonpublic high school operating a driver education program, licensed
commercial driving school, or other qualifying organization or entity, plainly displayed on
both sides of the vehicle. This identification must be in a color giving contrast with that of
the part of the vehicle on which it is placed and must endure throughout the term of the
registration. The identification must not be on a removable plate or placard and must be
kept clean and visible at all times; except that a removable plate or placard may be utilized
on vehicles leased or loaned to a political subdivision or to a nonpublic high school driver
education program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 27.

Minnesota Statutes 2024, section 244.052, subdivision 4, is amended to read:


Subd. 4.

Law enforcement agency; disclosure of information to public.

(a) The law
enforcement agency in the area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public any information regarding the
offender contained in the report forwarded to the agency under subdivision 3, paragraph
(f), that is relevant and necessary to protect the public and to counteract the offender's
dangerousness, consistent with the guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must relate to the level of danger
posed by the offender, to the offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual and collective safety.

(b) The law enforcement agency shall employ the following guidelines in determining
the scope of disclosure made under this subdivision:

(1) if the offender is assigned to risk level I, the agency may maintain information
regarding the offender within the agency and may disclose it to other law enforcement
agencies. Additionally, the agency may disclose the information to any victims of or
witnesses to the offense committed by the offender. The agency shall disclose the information
to victims of the offense committed by the offender who have requested disclosure and to
adult members of the offender's immediate household;

(2) if the offender is assigned to risk level II, the agency also may disclose the information
to agencies and groups that the offender is likely to encounter for the purpose of securing
those institutions and protecting individuals in their care while they are on or near the
premises of the institution. These agencies and groups include the staff members of public
and private educational institutions, day care establishments, and establishments and
organizations that primarily serve individuals likely to be victimized by the offender. The
agency also may disclose the information to individuals the agency believes are likely to
be victimized by the offender. The agency's belief shall be based on the offender's pattern
of offending or victim preference as documented in the information provided by the
Department of Corrections deleted text begin ordeleted text end new text begin , the Department ofnew text end Human Servicesnew text begin , or Direct Care and
Treatmentnew text end . The agency may disclose the information to property assessors, property
inspectors, code enforcement officials, and child protection officials who are likely to visit
the offender's home in the course of their duties;

(3) if the offender is assigned to risk level III, the agency shall disclose the information
to the persons and entities described in clauses (1) and (2) and to other members of the
community whom the offender is likely to encounter, unless the law enforcement agency
determines that public safety would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.

Notwithstanding the assignment of a predatory offender to risk level II or III, a law
enforcement agency may not make the disclosures permitted or required by clause (2) or
(3), if: the offender is placed or resides in a residential facility. However, if an offender is
placed or resides in a residential facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the facility and the head of the
facility shall notify the commissioner of corrections deleted text begin ordeleted text end new text begin ,new text end the commissioner of human servicesnew text begin ,
or the Direct Care and Treatment executive boardnew text end of the offender's likely residence at least
14 days before the offender's scheduled release date. The commissioner shall give this
information to the law enforcement agency having jurisdiction over the offender's likely
residence. The head of the residential facility also shall notify the commissioner of corrections
deleted text begin ordeleted text end new text begin , the commissioner ofnew text end human servicesnew text begin , or the Direct Care and Treatment executive boardnew text end
within 48 hours after finalizing the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification, the appropriate commissioner
shall give to the appropriate law enforcement agency all relevant information the
commissioner has concerning the offender, including information on the risk factors in the
offender's history and the risk level to which the offender was assigned. After receiving this
information, the law enforcement agency shall make the disclosures permitted or required
by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:

(1) the organizations or community members are in a location or in close proximity to
a location where the offender lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the offender's outpatient treatment
program; and

(2) the types of interaction which ordinarily occur at that location and other circumstances
indicate that contact with the offender is reasonably certain.

(d) A law enforcement agency or official who discloses information under this subdivision
shall make a good faith effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating that the offender will be,
or has been, released from confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change occurs in the release plan, this
notification provision does not require an extension of the release date.

(e) A law enforcement agency or official who discloses information under this subdivision
shall not disclose the identity or any identifying characteristics of the victims of or witnesses
to the offender's offenses.

(f) A law enforcement agency shall continue to disclose information on an offender as
required by this subdivision for as long as the offender is required to register under section
243.166. This requirement on a law enforcement agency to continue to disclose information
also applies to an offender who lacks a primary address and is registering under section
243.166, subdivision 3a.

(g) A law enforcement agency that is disclosing information on an offender assigned to
risk level III to the public under this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information to the commissioner within
two days of the agency's determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when information disclosed under
this subdivision must be presented in languages in addition to English. The policy may
address when information must be presented orally, in writing, or both in additional languages
by the law enforcement agency disclosing the information. The policy may provide for
different approaches based on the prevalence of non-English languages in different
neighborhoods.

(i) An offender who is the subject of a community notification meeting held pursuant
to this section may not attend the meeting.

(j) When a school, day care facility, or other entity or program that primarily educates
or serves children receives notice under paragraph (b), clause (3), that a level III predatory
offender resides or works in the surrounding community, notice to parents must be made
as provided in this paragraph. If the predatory offender identified in the notice is participating
in programs offered by the facility that require or allow the person to interact with children
other than the person's children, the principal or head of the entity must notify parents with
children at the facility of the contents of the notice received pursuant to this section. The
immunity provisions of subdivision 7 apply to persons disclosing information under this
paragraph.

(k) When an offender for whom notification was made under this subdivision no longer
resides, is employed, or is regularly found in the area, and the law enforcement agency that
made the notification is aware of this, the agency shall inform the entities and individuals
initially notified of the change in the offender's status. If notification was made under
paragraph (b), clause (3), the agency shall provide the updated information required under
this paragraph in a manner designed to ensure a similar scope of dissemination. However,
the agency is not required to hold a public meeting to do so.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 28.

Minnesota Statutes 2024, section 245.50, subdivision 2, is amended to read:


Subd. 2.

Purpose and authority.

(a) The purpose of this section is to enable appropriate
treatment or detoxification services to be provided to individuals, across state lines from
the individual's state of residence, in qualified facilities that are closer to the homes of
individuals than are facilities available in the individual's home state.

(b) Unless prohibited by another law and subject to the exceptions listed in subdivision
3, a county board deleted text begin ordeleted text end new text begin ,new text end the commissioner of human servicesnew text begin , or the Direct Care and Treatment
executive boardnew text end may contract with an agency or facility in a bordering state for mental
health, chemical health, or detoxification services for residents of Minnesota, and a Minnesota
mental health, chemical health, or detoxification agency or facility may contract to provide
services to residents of bordering states. Except as provided in subdivision 5, a person who
receives services in another state under this section is subject to the laws of the state in
which services are provided. A person who will receive services in another state under this
section must be informed of the consequences of receiving services in another state, including
the implications of the differences in state laws, to the extent the individual will be subject
to the laws of the receiving state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 29.

Minnesota Statutes 2024, section 245.91, subdivision 2, is amended to read:


Subd. 2.

Agency.

"Agency" means the divisions, officials, or employees of the state
Departments of Human Services, deleted text begin Direct Care and Treatment,deleted text end Health, and Educationdeleted text begin ,deleted text end new text begin ; of
Direct Care and Treatment;new text end and of local school districts and designated county social service
agencies as defined in section 256G.02, subdivision 7, that are engaged in monitoring,
providing, or regulating services or treatment for mental illness, developmental disability,
substance use disorder, or emotional disturbance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 30.

Minnesota Statutes 2024, section 246.585, is amended to read:


246.585 CRISIS SERVICES.

Within the limits of appropriations, state-operated regional technical assistance must be
available in each region to assist counties, new text begin Tribal Nations, new text end residential and deleted text begin day programming
staffdeleted text end new text begin vocational service providersnew text end , deleted text begin anddeleted text end familiesnew text begin , and persons with disabilitiesnew text end to prevent or
resolve crises that could lead to a deleted text begin change in placementdeleted text end new text begin person moving to a less integrated
settingnew text end . deleted text begin Crisis capacity must be provided on all regional treatment center campuses serving
persons with developmental disabilities.deleted text end In addition, crisis capacity may be developed to
serve 16 persons in the Twin Cities metropolitan area. deleted text begin Technical assistance and consultation
must also be available in each region to providers and counties.deleted text end Staff must be available to
provide:

(1) individual assessments;

(2) program plan development and implementation assistance;

(3) analysis of service delivery problems; and

(4) assistance with transition planning, including technical assistance to countiesnew text begin , Tribal
Nations,new text end and new text begin service new text end providers to develop new services, site the new services, and assist
with community acceptance.

Sec. 31.

Minnesota Statutes 2024, section 246C.06, subdivision 11, is amended to read:


Subd. 11.

Rulemaking.

(a) The executive board is authorized to adopt, amend, and
repeal rules in accordance with chapter 14 to the extent necessary to implement this chapter
or any responsibilities of Direct Care and Treatment specified in state law.new text begin The 18-month
time limit under section 14.125 does not apply to the rulemaking authority under this
subdivision.
new text end

(b) Until July 1, 2027, the executive board may adopt rules using the expedited
rulemaking process in section 14.389.

(c) In accordance with section 15.039, all orders, rules, delegations, permits, and other
privileges issued or granted by the Department of Human Services with respect to any
function of Direct Care and Treatment and in effect at the time of the establishment of Direct
Care and Treatment shall continue in effect as if such establishment had not occurred. The
executive board may amend or repeal rules applicable to Direct Care and Treatment that
were established by the Department of Human Services in accordance with chapter 14.

(d) The executive board must not adopt rules that go into effect or enforce rules prior
to July 1, 2025.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2024.
 new text end

Sec. 32.

Minnesota Statutes 2024, section 246C.12, subdivision 6, is amended to read:


Subd. 6.

deleted text begin Dissemination ofdeleted text end Admission and stay criterianew text begin ; disseminationnew text end .

new text begin (a) The
executive board shall establish standard admission and continued-stay criteria for
state-operated services facilities to ensure that appropriate services are provided in the least
restrictive setting.
 new text end

new text begin (b) new text end The executive board shall periodically disseminate criteria for admission and
continued stay in a state-operated services facility. The executive board shall disseminate
the criteria to the courts of the state and counties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 33.

Minnesota Statutes 2024, section 246C.20, is amended to read:


246C.20 CONTRACT WITH DEPARTMENT OF HUMAN SERVICES FOR
ADMINISTRATIVE SERVICES.

(a) Direct Care and Treatment shall contract with the Department of Human Services
to provide determinations on issues of county of financial responsibility under chapter 256G
and to provide administrative and judicial review of direct care and treatment matters
according to section 256.045.

(b) The executive board may prescribe rules necessary to carry out this deleted text begin subdivisiondeleted text end new text begin
sectionnew text end , except that the executive board must not create any rule purporting to control the
decision making or processes of state human services judges under section 256.045,
subdivision 4, or the decision making or processes of the commissioner of human services
issuing an advisory opinion or recommended order to the executive board under section
256G.09, subdivision 3. The executive board must not create any rule purporting to control
processes for determinations of financial responsibility under chapter 256G or administrative
and judicial review under section 256.045 on matters outside of the jurisdiction of Direct
Care and Treatment.

(c) The executive board and commissioner of human services may adopt joint rules
necessary to accomplish the purposes of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 34.

new text begin [246C.21] INTERVIEW EXPENSES.
 new text end

new text begin Job applicants for professional, administrative, or highly technical positions recruited
by the Direct Care and Treatment executive board may be reimbursed for necessary travel
expenses to and from interviews arranged by the Direct Care and Treatment executive board.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 35.

new text begin [246C.211] FEDERAL GRANTS FOR MINNESOTA INDIANS.
 new text end

new text begin The Direct Care and Treatment executive board is authorized to enter into contracts with
the United States Departments of Health and Human Services; Education; and Interior,
Bureau of Indian Affairs, for the purposes of receiving federal grants for the welfare and
relief of Minnesota Indians.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 36.

Minnesota Statutes 2024, section 252.291, subdivision 3, is amended to read:


Subd. 3.

Duties of commissioner of human services.

The commissioner shall:

(1) establish deleted text begin standard admission criteria for state hospitals anddeleted text end county utilization targets
to limit and reduce the number of intermediate care beds in state hospitals and community
facilities in accordance with approved waivers under United States Code, title 42, sections
1396 to 1396p, as amended through December 31, 1987, to deleted text begin assuredeleted text end new text begin ensurenew text end that appropriate
services are provided in the least restrictive setting;

(2) define services, including respite care, that may be needed in meeting individual
service plan objectives;

(3) provide technical assistance so that county boards may establish a request for proposal
system for meeting individual service plan objectives through home and community-based
services; alternative community services; or, if no other alternative will meet the needs of
identifiable individuals for whom the county is financially responsible, a new intermediate
care facility for persons with developmental disabilities;

(4) establish a client tracking and evaluation system as required under applicable federal
waiver regulations, Code of Federal Regulations, title 42, sections 431, 435, 440, and 441,
as amended through December 31, 1987; and

(5) develop a state plan for the delivery and funding of residential day and support
services to persons with developmental disabilities in Minnesota. The biennial developmental
disability plan shall include but not be limited to:

(i) county by county maximum intermediate care bed utilization quotas;

(ii) plans for the development of the number and types of services alternative to
intermediate care beds;

(iii) procedures for the administration and management of the plan;

(iv) procedures for the evaluation of the implementation of the plan; and

(v) the number, type, and location of intermediate care beds targeted for decertification.

The commissioner shall modify the plan to ensure conformance with the medical
assistance home and community-based services waiver.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 37.

Minnesota Statutes 2024, section 252.50, subdivision 5, is amended to read:


Subd. 5.

Location of programs.

(a) In determining the location of state-operated,
community-based programs, the needs of the individual client shall be paramount. The
executive board shall also take into account:

(1) prioritization of deleted text begin bedsdeleted text end new text begin servicesnew text end in state-operated, community-based programs for
individuals with complex behavioral needs that cannot be met by private community-based
providers;

(2) choices made by individuals who chose to move to a more integrated setting, and
shall coordinate with the lead agency to ensure that appropriate person-centered transition
plans are created;

(3) the personal preferences of the persons being served and their families as determined
by Minnesota Rules, parts 9525.0004 to 9525.0036;

(4) the location of the support services established by the individual service plans of the
persons being served;

(5) the appropriate grouping of the persons served;

(6) the availability of qualified staff;

(7) the need for state-operated, community-based programs in the geographical region
of the state; and

(8) a reasonable commuting distance from a regional treatment center or the residences
of the program staff.

(b) The executive board must locate state-operated, community-based programs in
coordination with the commissioner of human services according to section 252.28.

Sec. 38.

Minnesota Statutes 2024, section 253B.07, subdivision 2b, is amended to read:


Subd. 2b.

Apprehend and hold orders.

(a) The court may order the treatment facility
or state-operated treatment program to hold the proposed patient or direct a health officer,
peace officer, or other person to take the proposed patient into custody and transport the
proposed patient to a treatment facility or state-operated treatment program for observation,
evaluation, diagnosis, care, treatment, and, if necessary, confinement, when:

(1) there has been a particularized showing by the petitioner that serious physical harm
to the proposed patient or others is likely unless the proposed patient is immediately
apprehended;

(2) the proposed patient has not voluntarily appeared for the examination or the
commitment hearing pursuant to the summons; or

(3) a person is held pursuant to section 253B.051 and a request for a petition for
commitment has been filed.

(b) The order of the court may be executed on any day and at any time by the use of all
necessary means including the imposition of necessary restraint upon the proposed patient.
Where possible, a peace officer taking the proposed patient into custody pursuant to this
subdivision shall not be in uniform and shall not use a vehicle visibly marked as a law
enforcement vehicle. Except as provided in section 253D.10, subdivision 2, in the case of
an individual on a judicial hold due to a petition for civil commitment under chapter 253D,
assignment of custody during the hold is to the deleted text begin commissionerdeleted text end new text begin executive boardnew text end . The
deleted text begin commissionerdeleted text end new text begin executive boardnew text end is responsible for determining the appropriate placement
within a secure treatment facility under the authority of the deleted text begin commissionerdeleted text end new text begin executive boardnew text end .

(c) A proposed patient must not be allowed or required to consent to nor participate in
a clinical drug trial while an order is in effect under this subdivision. A consent given while
an order is in effect is void and unenforceable. This paragraph does not prohibit a patient
from continuing participation in a clinical drug trial if the patient was participating in the
clinical drug trial at the time the order was issued under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 39.

Minnesota Statutes 2024, section 253B.09, subdivision 3a, is amended to read:


Subd. 3a.

Reporting judicial commitments; private treatment program or
facility.

Notwithstanding section 253B.23, subdivision 9, when a court commits a patient
to a non-state-operated treatment facility or program, the court shall report the commitment
to the deleted text begin commissionerdeleted text end new text begin executive boardnew text end through the supreme court information system for
purposes of providing commitment information for firearm background checks under section
246C.15. If the patient is committed to a state-operated treatment program, the court shall
send a copy of the commitment order to deleted text begin the commissioner anddeleted text end the executive board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 40.

Minnesota Statutes 2024, section 253B.10, subdivision 1, is amended to read:


Subdivision 1.

Administrative requirements.

(a) When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody of the head of
the treatment facility, state-operated treatment program, or community-based treatment
program. The warrant or order shall state that the patient meets the statutory criteria for
civil commitment.

(b) The executive board shall prioritize civilly committed patients being admitted from
jail or a correctional institution or who are referred to a state-operated treatment facility for
competency attainment or a competency examination under sections 611.40 to 611.59 for
admission to a medically appropriate state-operated direct care and treatment bed based on
the decisions of physicians in the executive medical director's office, using a priority
admissions framework. The framework must account for a range of factors for priority
admission, including but not limited to:

(1) the length of time the person has been on a waiting list for admission to a
state-operated direct care and treatment program since the date of the order under paragraph
(a), or the date of an order issued under sections 611.40 to 611.59;

(2) the intensity of the treatment the person needs, based on medical acuity;

(3) the person's revoked provisional discharge status;

(4) the person's safety and safety of others in the person's current environment;

(5) whether the person has access to necessary or court-ordered treatment;

(6) distinct and articulable negative impacts of an admission delay on the facility referring
the individual for treatment; and

(7) any relevant federal prioritization requirements.

Patients described in this paragraph must be admitted to a state-operated treatment program
within deleted text begin 48 hoursdeleted text end new text begin the timelines specified in section 253B.1005new text end . The commitment must be
ordered by the court as provided in section 253B.09, subdivision 1, paragraph (d). Patients
committed to a secure treatment facility or less restrictive setting as ordered by the court
under section 253B.18, subdivisions 1 and 2, must be prioritized for admission to a
state-operated treatment program using the priority admissions framework in this paragraph.

(c) Upon the arrival of a patient at the designated treatment facility, state-operated
treatment program, or community-based treatment program, the head of the facility or
program shall retain the duplicate of the warrant and endorse receipt upon the original
warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
be filed in the court of commitment. After arrival, the patient shall be under the control and
custody of the head of the facility or program.

(d) Copies of the petition for commitment, the court's findings of fact and conclusions
of law, the court order committing the patient, the report of the court examiners, and the
prepetition report, and any medical and behavioral information available shall be provided
at the time of admission of a patient to the designated treatment facility or program to which
the patient is committed. Upon a patient's referral to the executive board for admission
pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, jail, or
correctional facility that has provided care or supervision to the patient in the previous two
years shall, when requested by the treatment facility or executive board, provide copies of
the patient's medical and behavioral records to the executive board for purposes of
preadmission planning. This information shall be provided by the head of the treatment
facility to treatment facility staff in a consistent and timely manner and pursuant to all
applicable laws.

(e) deleted text begin Patients described in paragraph (b) must be admitted to a state-operated treatment
program within 48 hours of the Office of Executive Medical Director, under section 246C.09,
or a designee determining that a medically appropriate bed is available. This paragraph
expires on June 30, 2025.
deleted text end

deleted text begin (f)deleted text end Within four business days of determining which state-operated direct care and
treatment program or programs are appropriate for an individual, the executive medical
director's office or a designee must notify the source of the referral and the responsible
county human services agency, the individual being ordered to direct care and treatment,
and the district court that issued the order of the determination. The notice shall include
which program or programs are appropriate for the person's priority status. Any interested
person may provide additional information or request updated priority status about the
individual to the executive medical director's office or a designee while the individual is
awaiting admission. Updated Priority status of an individual will only be disclosed to
interested persons who are legally authorized to receive private information about the
individual. When an available bed has been identified, the executive medical director's
office or a designee must notify the designated agency and the facility where the individual
is awaiting admission that the individual has been accepted for admission to a particular
state-operated direct care and treatment program and the earliest possible date the admission
can occur. The designated agency or facility where the individual is awaiting admission
must transport the individual to the admitting state-operated direct care and treatment
program no more than 48 hours after the offered admission date.

Sec. 41.

new text begin [253B.1005] ADMISSION TIMELINES.
 new text end

new text begin Subdivision 1. new text end

new text begin Admission required within 48 hours. new text end

new text begin Unless required otherwise under
this section, patients described in section 253B.10, subdivision 1, paragraph (b), must be
admitted to a state-operated treatment program within 48 hours.
 new text end

new text begin Subd. 2. new text end

new text begin Temporary alternative admission timeline. new text end

new text begin Patients described in section
253B.10, subdivision 1, paragraph (b), must be admitted to a state-operated treatment
program within 48 hours of the Office of Executive Medical Director, under section 246C.09,
or a designee determining that a medically appropriate bed is available. This subdivision
expires on June 30, 2027.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 42.

Minnesota Statutes 2024, section 253B.141, subdivision 2, is amended to read:


Subd. 2.

Apprehension; return to facility or program.

(a) Upon receiving the report
of absence from the head of the treatment facility, state-operated treatment program, or
community-based treatment program or the committing court, a patient may be apprehended
and held by a peace officer in any jurisdiction pending return to the facility or program from
which the patient is absent without authorization. A patient may also be returned to any
state-operated treatment program or any other treatment facility or community-based
treatment program willing to accept the person. A person who has a mental illness and is
dangerous to the public and detained under this subdivision may be held in a jail or lockup
only if:

(1) there is no other feasible place of detention for the patient;

(2) the detention is for less than 24 hours; and

(3) there are protections in place, including segregation of the patient, to ensure the
safety of the patient.

(b) If a patient is detained under this subdivision, the head of the facility or program
from which the patient is absent shall arrange to pick up the patient within 24 hours of the
time detention was begun and shall be responsible for securing transportation for the patient
to the facility or program. The expense of detaining and transporting a patient shall be the
responsibility of the facility or program from which the patient is absent. The expense of
detaining and transporting a patient to a state-operated treatment program shall be paid by
the deleted text begin commissionerdeleted text end new text begin executive boardnew text end unless paid by the patient or persons on behalf of the
patient.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 43.

Minnesota Statutes 2024, section 253B.18, subdivision 6, is amended to read:


Subd. 6.

Transfer.

(a) A patient who is a person who has a mental illness and is
dangerous to the public shall not be transferred out of a secure treatment facility unless it
appears to the satisfaction of the executive board, after a hearing and favorable
recommendation by a majority of the special review board, that the transfer is appropriate.
Transfer may be to another state-operated treatment program. In those instances where a
commitment also exists to the Department of Corrections, transfer may be to a facility
designated by the commissioner of corrections.

(b) The following factors must be considered in determining whether a transfer is
appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.

(c) If a committed person has been transferred out of a secure treatment facility pursuant
to this subdivision, that committed person may voluntarily return to a secure treatment
facility for a period of up to 60 days with the consent of the head of the treatment facility.

(d) If the committed person is not returned to the original, nonsecure transfer facility
within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and
the committed person must remain in a secure treatment facility. The committed person
must immediately be notified in writing of the revocation.

(e) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the deleted text begin commissionerdeleted text end new text begin
executive boardnew text end whether or not the revocation should be upheld. The special review board
may also recommend a new transfer at the time of the revocation hearing.

(f) No action by the special review board is required if the transfer has not been revoked
and the committed person is returned to the original, nonsecure transfer facility with no
substantive change to the conditions of the transfer ordered under this subdivision.

(g) The head of the treatment facility may revoke a transfer made under this subdivision
and require a committed person to return to a secure treatment facility if:

(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
the committed person or others; or

(2) the committed person has regressed clinically and the facility to which the committed
person was transferred does not meet the committed person's needs.

(h) Upon the revocation of the transfer, the committed person must be immediately
returned to a secure treatment facility. A report documenting the reasons for revocation
must be issued by the head of the treatment facility within seven days after the committed
person is returned to the secure treatment facility. Advance notice to the committed person
of the revocation is not required.

(i) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report must be served upon the committed person, the committed person's counsel, and the
designated agency. The report must outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.

(j) If a committed person's transfer is revoked, the committed person may re-petition for
transfer according to subdivision 5.

(k) A committed person aggrieved by a transfer revocation decision may petition the
special review board within seven business days after receipt of the revocation report for a
review of the revocation. The matter must be scheduled within 30 days. The special review
board shall review the circumstances leading to the revocation and, after considering the
factors in paragraph (b), shall recommend to the deleted text begin commissionerdeleted text end new text begin executive boardnew text end whether or
not the revocation shall be upheld. The special review board may also recommend a new
transfer out of a secure treatment facility at the time of the revocation hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 44.

Minnesota Statutes 2024, section 253B.19, subdivision 2, is amended to read:


Subd. 2.

Petition; hearing.

(a) A patient committed as a person who has a mental illness
and is dangerous to the public under section 253B.18, or the county attorney of the county
from which the patient was committed or the county of financial responsibility, may petition
the judicial appeal panel for a rehearing and reconsideration of a decision by the
deleted text begin commissionerdeleted text end new text begin executive boardnew text end under section 253B.18, subdivision 5. The judicial appeal
panel must not consider petitions for relief other than those considered by the executive
board from which the appeal is taken. The petition must be filed with the supreme court
within 30 days after the decision of the executive board is signed. The hearing must be held
within 45 days of the filing of the petition unless an extension is granted for good cause.

(b) For an appeal under paragraph (a), the supreme court shall refer the petition to the
chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county
attorney of the county of commitment, the designated agency, the executive board, the head
of the facility or program to which the patient was committed, any interested person, and
other persons the chief judge designates, of the time and place of the hearing on the petition.
The notice shall be given at least 14 days prior to the date of the hearing.

(c) Any person may oppose the petition. The patient, the patient's counsel, the county
attorney of the committing county or the county of financial responsibility, and the executive
board shall participate as parties to the proceeding pending before the judicial appeal panel
and shall, except when the patient is committed solely as a person who has a mental illness
and is dangerous to the public, no later than 20 days before the hearing on the petition,
inform the judicial appeal panel and the opposing party in writing whether they support or
oppose the petition and provide a summary of facts in support of their position. The judicial
appeal panel may appoint court examiners and may adjourn the hearing from time to time.
It shall hear and receive all relevant testimony and evidence and make a record of all
proceedings. The patient, the patient's counsel, and the county attorney of the committing
county or the county of financial responsibility have the right to be present and may present
and cross-examine all witnesses and offer a factual and legal basis in support of their
positions. The petitioning party seeking discharge or provisional discharge bears the burden
of going forward with the evidence, which means presenting a prima facie case with
competent evidence to show that the person is entitled to the requested relief. If the petitioning
party has met this burden, the party opposing discharge or provisional discharge bears the
burden of proof by clear and convincing evidence that the discharge or provisional discharge
should be denied. A party seeking transfer under section 253B.18, subdivision 6, must
establish by a preponderance of the evidence that the transfer is appropriate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 45.

Minnesota Statutes 2024, section 253D.29, subdivision 1, is amended to read:


Subdivision 1.

Factors.

(a) A person who is committed as a sexually dangerous person
or a person with a sexual psychopathic personality shall not be transferred out of a secure
treatment facility unless the transfer is appropriate. Transfer may be to deleted text begin other treatment
programsdeleted text end new text begin a facilitynew text end under the control of the executive board.

(b) The following factors must be considered in determining whether a transfer is
appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which deleted text begin other treatment programdeleted text end new text begin facilitynew text end can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 46.

Minnesota Statutes 2024, section 253D.29, subdivision 2, is amended to read:


Subd. 2.

Voluntary readmission to a secure treatment facility.

(a) After a committed
person has been transferred out of a secure treatment facility pursuant to subdivision 1 and
with the consent of the executive director, a committed person may voluntarily return to a
secure treatment facility for a period of up to 60 days.

(b) If the committed person is not returned to the deleted text begin other treatment programdeleted text end new text begin secure treatment
facilitynew text end to which the person was originally transferred pursuant to subdivision 1 within 60
days of being readmitted to a secure treatment facility under this subdivision, the transfer
to the deleted text begin other treatment programdeleted text end new text begin secure treatment facilitynew text end under subdivision 1 is revoked and
the committed person shall remain in a secure treatment facility. The committed person
shall immediately be notified in writing of the revocation.

(c) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the judicial appeal
panel whether or not the revocation shall be upheld. The special review board may also
recommend a new transfer at the time of the revocation hearing.

(d) If the transfer has not been revoked and the committed person is to be returned to
the deleted text begin other treatment programdeleted text end new text begin facilitynew text end to which the committed person was originally transferred
pursuant to subdivision 1 with no substantive change to the conditions of the transfer ordered
pursuant to subdivision 1, no action by the special review board or judicial appeal panel is
required.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 47.

Minnesota Statutes 2024, section 253D.29, subdivision 3, is amended to read:


Subd. 3.

Revocation.

(a) The executive director may revoke a transfer made pursuant
to subdivision 1 and require a committed person to return to a secure treatment facility if:

(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
the committed person or others; or

(2) the committed person has regressed in clinical progress so that the deleted text begin other treatment
programdeleted text end new text begin facilitynew text end to which the committed person was transferred is no longer sufficient to
meet the committed person's needs.

(b) Upon the revocation of the transfer, the committed person shall be immediately
returned to a secure treatment facility. A report documenting reasons for revocation shall
be issued by the executive director within seven days after the committed person is returned
to the secure treatment facility. Advance notice to the committed person of the revocation
is not required.

(c) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report shall be served upon the committed person and the committed person's counsel. The
report shall outline the specific reasons for the revocation including, but not limited to, the
specific facts upon which the revocation is based.

(d) If a committed person's transfer is revoked, the committed person may re-petition
for transfer according to section 253D.27.

(e) Any committed person aggrieved by a transfer revocation decision may petition the
special review board within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of the revocation report for a review of the revocation. The matter shall be
scheduled within 30 days. The special review board shall review the circumstances leading
to the revocation and, after considering the factors in subdivision 1, paragraph (b), shall
recommend to the judicial appeal panel whether or not the revocation shall be upheld. The
special review board may also recommend a new transfer out of a secure treatment facility
at the time of the revocation hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 48.

Minnesota Statutes 2024, section 253D.30, subdivision 4, is amended to read:


Subd. 4.

Voluntary readmission.

(a) With the consent of the executive director, a
committed person may voluntarily return to deleted text begin the Minnesota Sex Offender Programdeleted text end new text begin a secure
treatment facilitynew text end from provisional discharge for a period of up to 60 days.

(b) If the committed person is not returned to provisional discharge status within 60 days
of being readmitted to deleted text begin the Minnesota Sex Offender Programdeleted text end new text begin a secure treatment facilitynew text end , the
provisional discharge is revoked. The committed person shall immediately be notified of
the revocation in writing. Within 15 days of receiving notice of the revocation, the committed
person may request a review of the matter before the special review board. The special
review board shall review the circumstances of the revocation and, after applying the
standards in subdivision 5, paragraph (a), shall recommend to the judicial appeal panel
whether or not the revocation shall be upheld. The board may recommend a return to
provisional discharge status.

(c) If the provisional discharge has not been revoked and the committed person is to be
returned to provisional discharge, deleted text begin the Minnesota Sex Offender Program is not required to
petition for a further review by the special review boarddeleted text end new text begin no action by the special review
board or judicial appeal panel is requirednew text end unless the committed person's return to the
community results in substantive change to the existing provisional discharge plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 49.

Minnesota Statutes 2024, section 253D.30, subdivision 5, is amended to read:


Subd. 5.

Revocation.

(a) The executive director may revoke a provisional discharge if
either of the following grounds exist:

(1) the committed person has departed from the conditions of the provisional discharge
plan; or

(2) the committed person is exhibiting behavior which may be dangerous to self or
others.

(b) The executive director may revoke the provisional discharge and, either orally or in
writing, order that the committed person be immediately returned to a secure treatment
facility deleted text begin or other treatment programdeleted text end . A report documenting reasons for revocation shall be
issued by the executive director within seven days after the committed person is returned
to the secure treatment facility deleted text begin or other treatment programdeleted text end . Advance notice to the committed
person of the revocation is not required.

(c) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report shall be served upon the committed person, the committed person's counsel, and the
county attorneys of the county of commitment and the county of financial responsibility.
The report shall outline the specific reasons for the revocation, including but not limited to
the specific facts upon which the revocation is based.

(d) An individual who is revoked from provisional discharge must successfully re-petition
the special review board and judicial appeal panel prior to being placed back on provisional
discharge.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 50.

Minnesota Statutes 2024, section 256.01, subdivision 2, is amended to read:


Subd. 2.

Specific powers.

Subject to the provisions of section 241.021, subdivision 2,
the commissioner of human services shall carry out the specific duties in paragraphs (a)
through (bb):

(a) Administer and supervise the forms of public assistance provided for by state law
and other welfare activities or services that are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services activities
vested by law in the department, the commissioner shall have the authority to:

(1) require county agency participation in training and technical assistance programs to
promote compliance with statutes, rules, federal laws, regulations, and policies governing
human services;

(2) monitor, on an ongoing basis, the performance of county agencies in the operation
and administration of human services, enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote excellence of administration
and program operation;

(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;

(4) require county agencies to make an adjustment to the public assistance benefits issued
to any individual consistent with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;

(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;

(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and

(7) enter into contractual agreements with federally recognized Indian Tribes with a
reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved
family assistance program or any other program under the supervision of the commissioner.
The commissioner shall consult with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be included, in order to avoid the
duplication of county and Tribal assistance program services. The commissioner may
establish necessary accounts for the purposes of receiving and disbursing funds as necessary
for the operation of the programs.

The commissioner shall work in conjunction with the commissioner of children, youth, and
families to carry out the duties of this paragraph when necessary and feasible.

(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.

(c) Administer and supervise all noninstitutional service to persons with disabilities,
including persons who have vision impairments, and persons who are deaf, deafblind, and
hard-of-hearing or with other disabilities. The commissioner may provide and contract for
the care and treatment of qualified indigent children in facilities other than those located
and available at state hospitals new text begin operated by the executive board new text end when it is not feasible to
provide the service in state hospitalsnew text begin operated by the executive boardnew text end .

(d) Assist and actively cooperate with other departments, agencies and institutions, local,
state, and federal, by performing services in conformity with the purposes of Laws 1939,
chapter 431.

(e) Act as the agent of and cooperate with the federal government in matters of mutual
concern relative to and in conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the state to aid in the performance
of any functions of the commissioner as specified in Laws 1939, chapter 431, and including
the promulgation of rules making uniformly available medical care benefits to all recipients
of public assistance, at such times as the federal government increases its participation in
assistance expenditures for medical care to recipients of public assistance, the cost thereof
to be borne in the same proportion as are grants of aid to said recipients.

(f) Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.

(g) Act as designated guardian of both the estate and the person of all the wards of the
state of Minnesota, whether by operation of law or by an order of court, without any further
act or proceeding whatever, except as to persons committed as developmentally disabled.

(h) Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.

(i) The specific enumeration of powers and duties as hereinabove set forth shall in no
way be construed to be a limitation upon the general transfer of powers herein contained.

(j) Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical care
provided by the state and for congregate living care under the income maintenance programs.

(k) Have the authority to conduct and administer experimental projects to test methods
and procedures of administering assistance and services to recipients or potential recipients
of public welfare. To carry out such experimental projects, it is further provided that the
commissioner of human services is authorized to waive the enforcement of existing specific
statutory program requirements, rules, and standards in one or more counties. The order
establishing the waiver shall provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and
in no event shall the duration of a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the provisions of this section
shall become effective until the following conditions have been met:

(1) the United States Secretary of Health and Human Services has agreed, for the same
project, to waive state plan requirements relative to statewide uniformity; and

(2) a comprehensive plan, including estimated project costs, shall be approved by the
Legislative Advisory Commission and filed with the commissioner of administration.

(l) According to federal requirements and in coordination with the commissioner of
children, youth, and families, establish procedures to be followed by local welfare boards
in creating citizen advisory committees, including procedures for selection of committee
members.

(m) Allocate federal fiscal disallowances or sanctions which are based on quality control
error rates for medical assistance in the following manner:

(1) one-half of the total amount of the disallowance shall be borne by the county boards
responsible for administering the programs. Disallowances shall be shared by each county
board in the same proportion as that county's expenditures for the sanctioned program are
to the total of all counties' expenditures for medical assistance. Each county shall pay its
share of the disallowance to the state of Minnesota. When a county fails to pay the amount
due hereunder, the commissioner may deduct the amount from reimbursement otherwise
due the county, or the attorney general, upon the request of the commissioner, may institute
civil action to recover the amount due; and

(2) notwithstanding the provisions of clause (1), if the disallowance results from knowing
noncompliance by one or more counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the commissioner may require
payment or recover from the county or counties, in the manner prescribed in clause (1), an
amount equal to the portion of the total disallowance which resulted from the noncompliance,
and may distribute the balance of the disallowance according to clause (1).

(n) Develop and implement special projects that maximize reimbursements and result
in the recovery of money to the state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any recoveries that result from
projects or contracts entered into under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the account reaches $1,000,000. When
the balance in the account exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated to the commissioner for the
purposes of this paragraph.

(o) Have the authority to establish and enforce the following county reporting
requirements:

(1) the commissioner shall establish fiscal and statistical reporting requirements necessary
to account for the expenditure of funds allocated to counties for human services programs.
When establishing financial and statistical reporting requirements, the commissioner shall
evaluate all reports, in consultation with the counties, to determine if the reports can be
simplified or the number of reports can be reduced;

(2) the county board shall submit monthly or quarterly reports to the department as
required by the commissioner. Monthly reports are due no later than 15 working days after
the end of the month. Quarterly reports are due no later than 30 calendar days after the end
of the quarter, unless the commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss
of federal funding. Only reports that are complete, legible, and in the required format shall
be accepted by the commissioner;

(3) if the required reports are not received by the deadlines established in clause (2), the
commissioner may delay payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the use of federal funds and the
late report results in a reduction in federal funding, the commissioner shall withhold from
the county boards with late reports an amount equal to the reduction in federal funding until
full federal funding is received;

(4) a county board that submits reports that are late, illegible, incomplete, or not in the
required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner shall
notify the county board of the reason the county board is considered noncompliant and
request that the county board develop a corrective action plan stating how the county board
plans to correct the problem. The corrective action plan must be submitted to the
commissioner within 45 days after the date the county board received notice of
noncompliance;

(5) the final deadline for fiscal reports or amendments to fiscal reports is one year after
the date the report was originally due. If the commissioner does not receive a report by the
final deadline, the county board forfeits the funding associated with the report for that
reporting period and the county board must repay any funds associated with the report
received for that reporting period;

(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to enable the county to comply with
the requirements. If the county board disagrees with an action taken by the commissioner
under clause (3) or (5), the county board may appeal the action according to sections 14.57
to 14.69; and

(7) counties subject to withholding of funds under clause (3) or forfeiture or repayment
of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover
costs incurred due to actions taken by the commissioner under clause (3) or (5).

(p) Allocate federal fiscal disallowances or sanctions for audit exceptions when federal
fiscal disallowances or sanctions are based on a statewide random sample in direct proportion
to each county's claim for that period.

(q) Be responsible for ensuring the detection, prevention, investigation, and resolution
of fraudulent activities or behavior by applicants, recipients, and other participants in the
human services programs administered by the department.

(r) Require county agencies to identify overpayments, establish claims, and utilize all
available and cost-beneficial methodologies to collect and recover these overpayments in
the human services programs administered by the department.

(s) Have the authority to administer the federal drug rebate program for drugs purchased
under the medical assistance program as allowed by section 1927 of title XIX of the Social
Security Act and according to the terms and conditions of section 1927. Rebates shall be
collected for all drugs that have been dispensed or administered in an outpatient setting and
that are from manufacturers who have signed a rebate agreement with the United States
Department of Health and Human Services.

(t) Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.

(u) Operate the department's communication systems account established in Laws 1993,
First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. Each account must be used to manage shared communication costs necessary
for the operations of the programs the commissioner supervises. The commissioner may
distribute the costs of operating and maintaining communication systems to participants in
a manner that reflects actual usage. Costs may include acquisition, licensing, insurance,
maintenance, repair, staff time and other costs as determined by the commissioner. Nonprofit
organizations and state, county, and local government agencies involved in the operation
of programs the commissioner supervises may participate in the use of the department's
communications technology and share in the cost of operation. The commissioner may
accept on behalf of the state any gift, bequest, devise or personal property of any kind, or
money tendered to the state for any lawful purpose pertaining to the communication activities
of the department. Any money received for this purpose must be deposited in the department's
communication systems accounts. Money collected by the commissioner for the use of
communication systems must be deposited in the state communication systems account and
is appropriated to the commissioner for purposes of this section.

(v) Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.

(w) Designate community information and referral call centers and incorporate cost
reimbursement claims from the designated community information and referral call centers
into the federal cost reimbursement claiming processes of the department according to
federal law, rule, and regulations. Existing information and referral centers provided by
Greater Twin Cities United Way or existing call centers for which Greater Twin Cities
United Way has legal authority to represent, shall be included in these designations upon
review by the commissioner and assurance that these services are accredited and in
compliance with national standards. Any reimbursement is appropriated to the commissioner
and all designated information and referral centers shall receive payments according to
normal department schedules established by the commissioner upon final approval of
allocation methodologies from the United States Department of Health and Human Services
Division of Cost Allocation or other appropriate authorities.

(x) Develop recommended standards for adult foster care homes that address the
components of specialized therapeutic services to be provided by adult foster care homes
with those services.

(y) Authorize the method of payment to or from the department as part of the human
services programs administered by the department. This authorization includes the receipt
or disbursement of funds held by the department in a fiduciary capacity as part of the human
services programs administered by the department.

(z) Designate the agencies that operate the Senior LinkAge Line under section 256.975,
subdivision 7, and the Disability Hub under subdivision 24 as the state of Minnesota Aging
and Disability Resource Center under United States Code, title 42, section 3001, the Older
Americans Act Amendments of 2006, and incorporate cost reimbursement claims from the
designated centers into the federal cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Any reimbursement must be appropriated
to the commissioner and treated consistent with section 256.011. All Aging and Disability
Resource Center designated agencies shall receive payments of grant funding that supports
the activity and generates the federal financial participation according to Board on Aging
administrative granting mechanisms.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 51.

Minnesota Statutes 2024, section 256.01, subdivision 5, is amended to read:


Subd. 5.

Gifts, contributions, pensions and benefits; acceptance.

The commissioner
may receive and accept on behalf of patients deleted text begin and residents at the several state hospitals for
persons with mental illness or developmental disabilities during the period of their
hospitalization and while on provisional discharge therefrom,deleted text end money due and payable to
them as old age and survivors insurance benefits, veterans benefits, pensions or other such
monetary benefits. Such gifts, contributions, pensions and benefits shall be deposited in and
disbursed from the social welfare fund provided for in sections 256.88 to 256.92.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 52.

Minnesota Statutes 2024, section 256.019, subdivision 1, is amended to read:


Subdivision 1.

Retention rates.

When an assistance recovery amount is collected and
posted by a county agency under the provisions governing public assistance programs
including general assistance medical care formerly codified in chapter 256D, general
assistance, and Minnesota supplemental aid, the county may keep one-half of the recovery
made by the county agency using any method other than recoupment. For medical assistance,
if the recovery is made by a county agency using any method other than recoupment, the
county may keep one-half of the nonfederal share of the recovery. For MinnesotaCare, if
the recovery is collected and posted by the county agency, the county may keep one-half
of the nonfederal share of the recovery.

This does not apply to recoveries from medical providers or to recoveries begun by the
Department of Human Services' Surveillance and Utilization Review Divisiondeleted text begin , State Hospital
Collections Unit,deleted text end and deleted text begin thedeleted text end Benefit Recoveries Division deleted text begin ordeleted text end , deleted text begin bydeleted text end the new text begin Direct Care and Treatment
State Hospital Collections Unit, the new text end attorney general's office, or child support collections.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 53.

Minnesota Statutes 2024, section 256.0281, is amended to read:


256.0281 INTERAGENCY DATA EXCHANGE.

new text begin (a) new text end The Department of Human Services, the Department of Health, new text begin Direct Care and
Treatment, new text end and the Office of the Ombudsman for Mental Health and Developmental
Disabilities may establish interagency agreements governing the electronic exchange of
data on providers and individuals collected, maintained, or used by each agency when such
exchange is outlined by each agency in an interagency agreement to accomplish the purposes
in clauses (1) to (4):

(1) to improve provider enrollment processes for home and community-based services
and state plan home care services;

(2) to improve quality management of providers between state agencies;

(3) to establish and maintain provider eligibility to participate as providers under
Minnesota health care programs; or

(4) to meet the quality assurance reporting requirements under federal law under section
1915(c) of the Social Security Act related to home and community-based waiver programs.

new text begin (b) new text end Each interagency agreement must include provisions to ensure anonymity of
individuals, including mandated reporters, and must outline the specific uses of and access
to shared data within each agency. Electronic interfaces between source data systems
developed under these interagency agreements must incorporate these provisions as well
as other HIPAA provisions related to individual data.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 54.

Minnesota Statutes 2024, section 256.0451, subdivision 1, is amended to read:


Subdivision 1.

Scope.

(a) The requirements in this section apply to all fair hearings and
appeals under sections 142A.20, subdivision 2, and 256.045, subdivision 3, paragraph (a),
clauses (1), (2), (3), (5), (6), (7), (10), and (12). Except as provided in subdivisions 3 and
19, the requirements under this section apply to fair hearings and appeals under section
256.045, subdivision 3, paragraph (a), clauses (4), (8), (9), and (11).

(b) For purposes of this section, "person" means an individual who, on behalf of
themselves or their household, is appealing or disputing or challenging an action, a decision,
or a failure to act, by an agency deleted text begin in the human services systemdeleted text end new text begin subject to this sectionnew text end . When
a person involved in a proceeding under this section is represented by an attorney or by an
authorized representative, the term "person" also means the person's attorney or authorized
representative. Any notice sent to the person involved in the hearing must also be sent to
the person's attorney or authorized representative.

(c) For purposes of this section, "agency" means deleted text begin thedeleted text end new text begin anew text end county human services agency,
deleted text begin thedeleted text end new text begin anew text end state deleted text begin human servicesdeleted text end agency, and, where applicable, any entity involved under a
contract, subcontract, grant, or subgrant with the state agency or with a county agency, that
provides or operates programs or services in which appeals are governed by section 256.045.

new text begin (d) For purposes of this section, "state agency" means the Department of Human Services;
the Department of Health; the Department of Education; the Department of Children, Youth,
and Families; or Direct Care and Treatment.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 55.

Minnesota Statutes 2024, section 256.0451, subdivision 3, is amended to read:


Subd. 3.

Agency appeal summary.

(a) Except in fair hearings and appeals under section
256.045, subdivision 3, paragraph (a), clauses (4), (9), and (10), the agency involved in an
appeal must prepare a state agency appeal summary for each fair hearing appeal. The state
agency appeal summary shall be mailed or otherwise delivered to the person who is involved
in the appeal at least three working days before the date of the hearing. The state agency
appeal summary must also be mailed or otherwise delivered to the deleted text begin department'sdeleted text end new text begin Department
of Human Services'new text end Appeals Office at least three working days before the date of the fair
hearing appeal.

(b) In addition, the human services judge shall confirm that the state agency appeal
summary is mailed or otherwise delivered to the person involved in the appeal as required
under paragraph (a). The person involved in the fair hearing should be provided, through
the state agency appeal summary or other reasonable methods, appropriate information
about the procedures for the fair hearing and an adequate opportunity to prepare. These
requirements apply equally to the state agency or an entity under contract when involved
in the appeal.

(c) The contents of the state agency appeal summary must be adequate to inform the
person involved in the appeal of the evidence on which the agency relies and the legal basis
for the agency's action or determination.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 56.

Minnesota Statutes 2024, section 256.0451, subdivision 6, is amended to read:


Subd. 6.

Appeal request for emergency assistance or urgent matter.

(a) When an
appeal involves an application for emergency assistance, the agency involved shall mail or
otherwise deliver the state agency appeal summary to the deleted text begin department'sdeleted text end new text begin Department of Human
Services'new text end Appeals Office within two working days of receiving the request for an appeal.
A person may also request that a fair hearing be held on an emergency basis when the issue
requires an immediate resolution. The human services judge shall schedule the fair hearing
on the earliest available date according to the urgency of the issue involved. Issuance of the
recommended decision after an emergency hearing shall be expedited.

(b) The new text begin applicable new text end commissioner new text begin or executive board new text end shall issue a written decision within
five working days of receiving the recommended decision, shall immediately inform the
parties of the outcome by telephone, and shall mail the decision no later than two working
days following the date of the decision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 57.

Minnesota Statutes 2024, section 256.0451, subdivision 8, is amended to read:


Subd. 8.

Subpoenas.

A person involved in a fair hearing or the agency may request a
subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall
be issued to require the attendance and the testimony of witnesses, and the production of
evidence relating to any issue of fact in the appeal hearing. The request for a subpoena must
show a need for the subpoena and the general relevance to the issues involved. The subpoena
shall be issued in the name of the Departmentnew text begin of Human Servicesnew text end and shall be served and
enforced as provided in section 357.22 and the Minnesota Rules of Civil Procedure.

An individual or entity served with a subpoena may petition the human services judge
in writing to vacate or modify a subpoena. The human services judge shall resolve such a
petition in a prehearing conference involving all parties and shall make a written decision.
A subpoena may be vacated or modified if the human services judge determines that the
testimony or evidence sought does not relate with reasonable directness to the issues of the
fair hearing appeal; that the subpoena is unreasonable, over broad, or oppressive; that the
evidence sought is repetitious or cumulative; or that the subpoena has not been served
reasonably in advance of the time when the appeal hearing will be held.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 58.

Minnesota Statutes 2024, section 256.0451, subdivision 9, is amended to read:


Subd. 9.

No ex parte contact.

The human services judge shall not have ex parte contact
on substantive issues with the agency or with any person or witness in a fair hearing appeal.
No employee of deleted text begin the Department ordeleted text end new text begin annew text end agency shall review, interfere with, change, or attempt
to influence the recommended decision of the human services judge in any fair hearing
appeal, except through the procedure allowed in subdivision 18. The limitations in this
subdivision do not affect thenew text begin applicablenew text end commissioner'snew text begin or executive board'snew text end authority to
review or reconsider decisions or make final decisions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 59.

Minnesota Statutes 2024, section 256.0451, subdivision 18, is amended to read:


Subd. 18.

Inviting comment by deleted text begin departmentdeleted text end new text begin state agencynew text end .

The human services judge
or thenew text begin applicablenew text end commissionernew text begin or executive boardnew text end may determine that a written comment
by the deleted text begin departmentdeleted text end new text begin state agencynew text end about the policy implications of a specific legal issue could
help resolve a pending appeal. Such a written policy comment from the deleted text begin departmentdeleted text end new text begin state
agencynew text end shall be obtained only by a written request that is also sent to the person involved
and to the agency or its representative. When such a written comment is received, both the
person involved in the hearing and the agency shall have adequate opportunity to review,
evaluate, and respond to the written comment, including submission of additional testimony
or evidence, and cross-examination concerning the written comment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 60.

Minnesota Statutes 2024, section 256.0451, subdivision 22, is amended to read:


Subd. 22.

Decisions.

A timely, written decision must be issued in every appeal. Each
decision must contain a clear ruling on the issues presented in the appeal hearing and should
contain a ruling only on questions directly presented by the appeal and the arguments raised
in the appeal.

(a) A written decision must be issued within 90 days of the date the person involved
requested the appeal unless a shorter time is required by law. An additional 30 days is
provided in those cases where thenew text begin applicablenew text end commissioner new text begin or executive board new text end refuses to
accept the recommended decision. In appeals of maltreatment determinations or
disqualifications filed pursuant to section 256.045, subdivision 3, paragraph (a), clause (4),
(8), or (9), that also give rise to possible licensing actions, the 90-day period for issuing
final decisions does not begin until the later of the date that the licensing authority provides
notice to the appeals division that the authority has made the final determination in the
matter or the date the appellant files the last appeal in the consolidated matters.

(b) The decision must contain both findings of fact and conclusions of law, clearly
separated and identified. The findings of fact must be based on the entire record. Each
finding of fact made by the human services judge shall be supported by a preponderance
of the evidence unless a different standard is required under the regulations of a particular
program. The "preponderance of the evidence" means, in light of the record as a whole, the
evidence leads the human services judge to believe that the finding of fact is more likely to
be true than not true. The legal claims or arguments of a participant do not constitute either
a finding of fact or a conclusion of law, except to the extent the human services judge adopts
an argument as a finding of fact or conclusion of law.

The decision shall contain at least the following:

(1) a listing of the date and place of the hearing and the participants at the hearing;

(2) a clear and precise statement of the issues, including the dispute under consideration
and the specific points which must be resolved in order to decide the case;

(3) a listing of the material, including exhibits, records, reports, placed into evidence at
the hearing, and upon which the hearing decision is based;

(4) the findings of fact based upon the entire hearing record. The findings of fact must
be adequate to inform the participants and any interested person in the public of the basis
of the decision. If the evidence is in conflict on an issue which must be resolved, the findings
of fact must state the reasoning used in resolving the conflict;

(5) conclusions of law that address the legal authority for the hearing and the ruling, and
which give appropriate attention to the claims of the participants to the hearing;

(6) a clear and precise statement of the decision made resolving the dispute under
consideration in the hearing; and

(7) written notice of the right to appeal to district court or to request reconsideration,
and of the actions required and the time limits for taking appropriate action to appeal to
district court or to request a reconsideration.

(c) The human services judge shall not independently investigate facts or otherwise rely
on information not presented at the hearing. The human services judge may not contact
other agency personnel, except as provided in subdivision 18. The human services judge's
recommended decision must be based exclusively on the testimony and evidence presented
at the hearing, and legal arguments presented, and the human services judge's research and
knowledge of the law.

(d) Thenew text begin applicablenew text end commissioner deleted text begin willdeleted text end new text begin or executive board must new text end review the recommended
decision and accept or refuse to accept the decision according to section 142A.20, subdivision
3, or 256.045, subdivision 5new text begin or 5anew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 61.

Minnesota Statutes 2024, section 256.0451, subdivision 23, is amended to read:


Subd. 23.

Refusal to accept recommended orders.

(a) If thenew text begin applicablenew text end commissioner
new text begin or executive board new text end refuses to accept the recommended order from the human services judge,
the person involved, the person's attorney or authorized representative, and the agency shall
be sent a copy of the recommended order, a detailed explanation of the basis for refusing
to accept the recommended order, and the proposed modified order.

(b) The person involved and the agency shall have at least ten business days to respond
to the proposed modification of the recommended order. The person involved and the agency
may submit a legal argument concerning the proposed modification, and may propose to
submit additional evidence that relates to the proposed modified order.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 62.

Minnesota Statutes 2024, section 256.0451, subdivision 24, is amended to read:


Subd. 24.

Reconsideration.

(a) Reconsideration may be requested within 30 days of
the date of thenew text begin applicablenew text end commissioner'snew text begin or executive board'snew text end final order. If reconsideration
is requested under section 142A.20, subdivision 3, or 256.045, subdivision 5new text begin or 5anew text end , the other
participants in the appeal shall be informed of the request. The person seeking reconsideration
has the burden to demonstrate why the matter should be reconsidered. The request for
reconsideration may include legal argument and may include proposed additional evidence
supporting the request. The other participants shall be sent a copy of all material submitted
in support of the request for reconsideration and must be given ten days to respond.

(b) When the requesting party raises a question as to the appropriateness of the findings
of fact, thenew text begin applicablenew text end commissioner new text begin or executive board new text end shall review the entire record.

(c) When the requesting party questions the appropriateness of a conclusion of law, thenew text begin
applicablenew text end commissioner new text begin or executive board new text end shall consider the recommended decision, the
decision under reconsideration, and the material submitted in connection with the
reconsideration. Thenew text begin applicablenew text end commissioner new text begin or executive board new text end shall review the remaining
record as necessary to issue a reconsidered decision.

(d) Thenew text begin applicablenew text end commissioner new text begin or executive board new text end shall issue a written decision on
reconsideration in a timely fashion. The decision must clearly inform the parties that this
constitutes the final administrative decision, advise the participants of the right to seek
judicial review, and the deadline for doing so.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 63.

Minnesota Statutes 2024, section 256.4825, is amended to read:


256.4825 REPORT REGARDING PROGRAMS AND SERVICES FOR PEOPLE
WITH DISABILITIES.

The Minnesota State Council on Disability, the Minnesota Consortium for Citizens with
Disabilities, and the Arc of Minnesota may submit an annual report by January 15 of each
year, beginning in 2012, to the chairs and ranking minority members of the legislative
committees with jurisdiction over programs serving people with disabilities as provided in
this section. The report must describe the existing state policies and goals for programs
serving people with disabilities including, but not limited to, programs for employment,
transportation, housing, education, quality assurance, consumer direction, physical and
programmatic access, and health. The report must provide data and measurements to assess
the extent to which the policies and goals are being met. The commissioner of human
servicesnew text begin , the Direct Care and Treatment executive board,new text end and the commissioners of other
state agencies administering programs for people with disabilities shall cooperate with the
Minnesota State Council on Disability, the Minnesota Consortium for Citizens with
Disabilities, and the Arc of Minnesota and provide those organizations with existing
published information and reports that will assist in the preparation of the report.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 64.

Minnesota Statutes 2024, section 256.93, subdivision 1, is amended to read:


Subdivision 1.

Limitations.

In any case where the guardianship of any child with a
developmental disability or who is disabled, dependent, neglected or delinquent, or a child
born to a mother who was not married to the child's father when the child was conceived
nor when the child was born, has been deleted text begin committeddeleted text end new text begin appointednew text end to the commissioner of human
services, and in any case where the guardianship of any person with a developmental
disability has been deleted text begin committeddeleted text end new text begin appointednew text end to the commissioner of human services, the court
having jurisdiction of the estate may on such notice as the court may direct, authorize the
commissioner to take possession of the personal property in the estate, liquidate it, and hold
the proceeds in trust for the ward, to be invested, expended and accounted for as provided
by sections 256.88 to 256.92.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 65.

Minnesota Statutes 2024, section 256.98, subdivision 7, is amended to read:


Subd. 7.

Division of recovered amounts.

Except for recoveries under chapter 142E, if
the state is responsible for the recovery, the amounts recovered shall be paid to the appropriate
units of government. If the recovery is directly attributable to a county, the county may
retain one-half of the nonfederal share of any recovery from a recipient or the recipient's
estate.

This subdivision does not apply to recoveries from medical providers or to recoveries
involving the Department of Human deleted text begin services,deleted text end new text begin Services'new text end Surveillance and Utilization Review
Divisiondeleted text begin , state hospital collections unit,deleted text end and deleted text begin thedeleted text end Benefit Recoveries Divisionnew text begin or the Direct
Care and Treatment State Hospital Collections Unitnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 66.

Minnesota Statutes 2024, section 256B.092, subdivision 10, is amended to read:


Subd. 10.

Admission of persons to and discharge of persons from regional treatment
centers.

(a) Prior to the admission of a person to a regional treatment center program for
persons with developmental disabilities, the case manager shall make efforts to secure
community-based alternatives. If these alternatives are rejected by the person, the person's
legal guardian or conservator, or the county agency in favor of a regional treatment center
placement, the case manager shall document the reasons why the alternatives were rejected.

(b) Assessment and support planning must be completed in accordance with requirements
identified in section 256B.0911.

(c) No discharge shall take place until disputes are resolved under section 256.045,
subdivision 4a, or until a review by the deleted text begin commissionerdeleted text end new text begin Direct Care and Treatment executive
boardnew text end is completed upon request of the chief executive officer or program director of the
regional treatment center, or the county agency. For persons under public guardianship, the
ombudsman may request a review or hearing under section 256.045.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 67.

Minnesota Statutes 2024, section 256G.09, subdivision 4, is amended to read:


Subd. 4.

Appeals.

A local agency that is aggrieved by the order of deleted text begin thedeleted text end new text begin a new text end department new text begin or
the executive board new text end may appeal the opinion to the district court of the county responsible
for furnishing assistance or services by serving a written copy of a notice of appeal on deleted text begin thedeleted text end new text begin
anew text end commissioner new text begin or the executive board new text end and any adverse party of record within 30 days after
the date the department issued the opinion, and by filing the original notice and proof of
service with the court administrator of district court. Service may be made personally or by
mail. Service by mail is complete upon mailing.

deleted text begin Thedeleted text end new text begin Anew text end commissioner new text begin or the executive board new text end may elect to become a party to the
proceedings in district court. The court may consider the matter in or out of chambers and
shall take no new or additional evidence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 68.

Minnesota Statutes 2024, section 256G.09, subdivision 5, is amended to read:


Subd. 5.

Payment pending appeal.

After deleted text begin thedeleted text end new text begin anew text end departmentnew text begin or the executive boardnew text end issues
an opinion in any submission under this section, the service or assistance covered by the
submission must be provided or paid pending or during an appeal to the district court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 69.

Minnesota Statutes 2024, section 299F.77, subdivision 2, is amended to read:


Subd. 2.

Background check.

(a) For licenses issued by the commissioner under section
299F.73, the applicant for licensure must provide the commissioner with all of the
information required by Code of Federal Regulations, title 28, section 25.7. The commissioner
shall forward the information to the superintendent of the Bureau of Criminal Apprehension
so that criminal records, histories, and warrant information on the applicant can be retrieved
from the Minnesota Crime Information System and the National Instant Criminal Background
Check System, as well as the civil commitment records maintained by deleted text begin the Department of
Human Servicesdeleted text end new text begin Direct Care and Treatmentnew text end . The results must be returned to the commissioner
to determine if the individual applicant is qualified to receive a license.

(b) For permits issued by a county sheriff or chief of police under section 299F.75, the
applicant for a permit must provide the county sheriff or chief of police with all of the
information required by Code of Federal Regulations, title 28, section 25.7. The county
sheriff or chief of police must check, by means of electronic data transfer, criminal records,
histories, and warrant information on each applicant through the Minnesota Crime
Information System and the National Instant Criminal Background Check System, as well
as the civil commitment records maintained by deleted text begin the Department of Human Servicesdeleted text end new text begin Direct
Care and Treatmentnew text end . The county sheriff or chief of police shall use the results of the query
to determine if the individual applicant is qualified to receive a permit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 70.

Minnesota Statutes 2024, section 342.04, is amended to read:


342.04 STUDIES; REPORTS.

(a) The office shall conduct a study to determine the expected size and growth of the
regulated cannabis industry and hemp consumer industry, including an estimate of the
demand for cannabis flower and cannabis products, the number and geographic distribution
of cannabis businesses needed to meet that demand, and the anticipated business from
residents of other states.

(b) The office shall conduct a study to determine the size of the illicit cannabis market,
the sources of illicit cannabis flower and illicit cannabis products in the state, the locations
of citations issued and arrests made for cannabis offenses, and the subareas, such as census
tracts or neighborhoods, that experience a disproportionately large amount of cannabis
enforcement.

(c) The office shall conduct a study on impaired driving to determine:

(1) the number of accidents involving one or more drivers who admitted to using cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products,
or who tested positive for cannabis or tetrahydrocannabinol;

(2) the number of arrests of individuals for impaired driving in which the individual
tested positive for cannabis or tetrahydrocannabinol; and

(3) the number of convictions for driving under the influence of cannabis flower, cannabis
products, lower-potency hemp edibles, hemp-derived consumer products, or
tetrahydrocannabinol.

(d) The office shall provide preliminary reports on the studies conducted pursuant to
paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports
to the legislature by January 15, 2025. The reports may be consolidated into a single report
by the office.

(e) The office shall collect existing data from the Department of Human Services,
Department of Health, new text begin Direct Care and Treatment, new text end Minnesota state courts, and hospitals
licensed under chapter 144 on the utilization of mental health and substance use disorder
services, emergency room visits, and commitments to identify any increase in the services
provided or any increase in the number of visits or commitments. The office shall also obtain
summary data from existing first episode psychosis programs on the number of persons
served by the programs and number of persons on the waiting list. All information collected
by the office under this paragraph shall be included in the report required under paragraph
(f).

(f) The office shall conduct an annual market analysis on the status of the regulated
cannabis industry and submit a report of the findings. The office shall submit the report by
January 15, 2025, and each January 15 thereafter and the report may be combined with the
annual report submitted by the office. The process of completing the market analysis must
include holding public meetings to solicit the input of consumers, market stakeholders, and
potential new applicants and must include an assessment as to whether the office has issued
the necessary number of licenses in order to:

(1) ensure the sufficient supply of cannabis flower and cannabis products to meet demand;

(2) provide market stability;

(3) ensure a competitive market; and

(4) limit the sale of unregulated cannabis flower and cannabis products.

(g) The office shall submit an annual report to the legislature by January 15, 2024, and
each January 15 thereafter. The annual report shall include but not be limited to the following:

(1) the status of the regulated cannabis industry;

(2) the status of the illicit cannabis market and hemp consumer industry;

(3) the number of accidents, arrests, and convictions involving drivers who admitted to
using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products or who tested positive for cannabis or tetrahydrocannabinol;

(4) the change in potency, if any, of cannabis flower and cannabis products available
through the regulated market;

(5) progress on providing opportunities to individuals and communities that experienced
a disproportionate, negative impact from cannabis prohibition, including but not limited to
providing relief from criminal convictions and increasing economic opportunities;

(6) the status of racial and geographic diversity in the cannabis industry;

(7) proposed legislative changes, including but not limited to recommendations to
streamline licensing systems and related administrative processes;

(8) information on the adverse effects of second-hand smoke from any cannabis flower,
cannabis products, and hemp-derived consumer products that are consumed by the
combustion or vaporization of the product and the inhalation of smoke, aerosol, or vapor
from the product; and

(9) recommendations for the levels of funding for:

(i) a coordinated education program to address and raise public awareness about the top
three adverse health effects, as determined by the commissioner of health, associated with
the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products by individuals under 21 years of age;

(ii) a coordinated education program to educate pregnant individuals, breastfeeding
individuals, and individuals who may become pregnant on the adverse health effects of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products;

(iii) training, technical assistance, and educational materials for home visiting programs,
Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products in homes with infants and young children;

(iv) model programs to educate middle school and high school students on the health
effects on children and adolescents of the use of cannabis flower, cannabis products,
lower-potency hemp edibles, hemp-derived consumer products, and other intoxicating or
controlled substances;

(v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow
programs;

(vi) grants to organizations for community development in social equity communities
through the CanRenew program;

(vii) training of peace officers and law enforcement agencies on changes to laws involving
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products and the law's impact on searches and seizures;

(viii) training of peace officers to increase the number of drug recognition experts;

(ix) training of peace officers on the cultural uses of sage and distinguishing use of sage
from the use of cannabis flower, including whether the Board of Peace Officer Standards
and Training should approve or develop training materials;

(x) the retirement and replacement of drug detection canines; and

(xi) the Department of Human Services and county social service agencies to address
any increase in demand for services.

(g) In developing the recommended funding levels under paragraph (f), clause (9), items
(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota
Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota
Cities, the Association of Minnesota Counties, and county social services agencies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 71.

Minnesota Statutes 2024, section 352.91, subdivision 3f, is amended to read:


Subd. 3f.

Additional Direct Care and Treatment personnel.

(a) "Covered correctional
service" means service by a state employee in one of the employment positions specified
in paragraph (b) in the state-operated forensic services program or the Minnesota Sex
Offender Program if at least 75 percent of the employee's working time is spent in direct
contact with patients and the determination of this direct contact is certified to the executive
director by the deleted text begin commissioner of human services ordeleted text end Direct Care and Treatment executive
board.

(b) The employment positions are:

(1) baker;

(2) behavior analyst 2;

(3) behavior analyst 3;

(4) certified occupational therapy assistant 1;

(5) certified occupational therapy assistant 2;

(6) client advocate;

(7) clinical program therapist 2;

(8) clinical program therapist 3;

(9) clinical program therapist 4;

(10) cook;

(11) culinary supervisor;

(12) customer services specialist principal;

(13) dental assistant registered;

(14) dental hygienist;

(15) food service worker;

(16) food services supervisor;

(17) group supervisor;

(18) group supervisor assistant;

(19) human services support specialist;

(20) licensed alcohol and drug counselor;

(21) licensed practical nurse;

(22) management analyst 3;

(23) music therapist;

(24) occupational therapist;

(25) occupational therapist, senior;

(26) physical therapist;

(27) psychologist 1;

(28) psychologist 2;

(29) psychologist 3;

(30) recreation program assistant;

(31) recreation therapist lead;

(32) recreation therapist senior;

(33) rehabilitation counselor senior;

(34) residential program lead;

(35) security supervisor;

(36) skills development specialist;

(37) social worker senior;

(38) social worker specialist;

(39) social worker specialist, senior;

(40) special education program assistant;

(41) speech pathology clinician;

(42) substance use disorder counselor senior;

(43) work therapy assistant; and

(44) work therapy program coordinator.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 72.

Minnesota Statutes 2024, section 401.17, subdivision 1, is amended to read:


Subdivision 1.

Establishment; members.

(a) The commissioner must establish a
Community Supervision Advisory Committee to develop and make recommendations to
the commissioner on standards for probation, supervised release, and community supervision.
The committee consists of 19 members as follows:

(1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;

(2) two probation directors appointed by the Minnesota Association of County Probation
Officers;

(3) three county commissioner representatives appointed by the Association of Minnesota
Counties;

(4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the deleted text begin Department of Human Servicesdeleted text end new text begin
Direct Care and Treatment executive boardnew text end and one appointed by the Minnesota Association
of County Social Service Administrators;

(5) two representatives appointed by the Minnesota Indian Affairs Council;

(6) two commissioner-appointed representatives from the Department of Corrections;

(7) the chair of the statewide Evidence-Based Practice Advisory Committee;

(8) three individuals who have been supervised, either individually or collectively, under
each of the state's three community supervision delivery systems appointed by the
commissioner in consultation with the Minnesota Association of County Probation Officers
and the Minnesota Association of Community Corrections Act Counties;

(9) an advocate for victims of crime appointed by the commissioner; and

(10) a representative from a community-based research and advocacy entity appointed
by the commissioner.

(b) When an appointing authority selects an individual for membership on the committee,
the authority must make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined under section 43A.02, subdivision 33.

(c) Chapter 15 applies to the extent consistent with this section.

(d) The commissioner must convene the first meeting of the committee on or before
October 1, 2023.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 73.

Minnesota Statutes 2024, section 507.071, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of this section the following terms have
the meanings given:

(a) "Beneficiary" or "grantee beneficiary" means a person or entity named as a grantee
beneficiary in a transfer on death deed, including a successor grantee beneficiary.

(b) "County agency" means the county department or office designated to recover medical
assistance benefits from the estates of decedents.

(c) "Grantor owner" means an owner, whether individually, as a joint tenant, or as a
tenant in common, named as a grantor in a transfer on death deed upon whose death the
conveyance or transfer of the described real property is conditioned. Grantor owner does
not include a spouse who joins in a transfer on death deed solely for the purpose of conveying
or releasing statutory or other marital interests in the real property to be conveyed or
transferred by the transfer on death deed.

(d) "Owner" means a person having an ownership or other interest in all or part of the
real property to be conveyed or transferred by a transfer on death deed either at the time the
deed is executed or at the time the transfer becomes effective. Owner does not include a
spouse who joins in a transfer on death deed solely for the purpose of conveying or releasing
statutory or other marital interests in the real property to be conveyed or transferred by the
transfer on death deed.

(e) "Property" and "interest in real property" mean any interest in real property located
in this state which is transferable on the death of the owner and includes, without limitation,
an interest in real property defined in chapter 500, a mortgage, a deed of trust, a security
interest in, or a security pledge of, an interest in real property, including the rights to
payments of the indebtedness secured by the security instrument, a judgment, a tax lien,
both the seller's and purchaser's interest in a contract for deed, land contract, purchase
agreement, or earnest money contract for the sale and purchase of real property, including
the rights to payments under such contracts, or any other lien on, or interest in, real property.

(f) "Recorded" means recorded in the office of the county recorder or registrar of titles,
as appropriate for the real property described in the instrument to be recorded.

(g) "State agency" means the Department of Human Services or any successor agencynew text begin
or Direct Care and Treatment or any successor agencynew text end .

(h) "Transfer on death deed" means a deed authorized under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 74.

Minnesota Statutes 2024, section 611.57, subdivision 2, is amended to read:


Subd. 2.

Membership.

(a) The Certification Advisory Committee consists of the
following members:

(1) a mental health professional, as defined in section 245I.02, subdivision 27, with
community behavioral health experience, appointed by the governor;

(2) a board-certified forensic psychiatrist with experience in competency evaluations,
providing competency attainment services, or both, appointed by the governor;

(3) a board-certified forensic psychologist with experience in competency evaluations,
providing competency attainment services, or both, appointed by the governor;

(4) the president of the Minnesota Corrections Association or a designee;

(5) the Direct Care and Treatment deleted text begin deputy commissionerdeleted text end new text begin chief executive officer new text end or a
designee;

(6) the president of the Minnesota Association of County Social Service Administrators
or a designee;

(7) the president of the Minnesota Association of Community Mental Health Providers
or a designee;

(8) the president of the Minnesota Sheriffs' Association or a designee; and

(9) the executive director of the National Alliance on Mental Illness Minnesota or a
designee.

(b) Members of the advisory committee serve without compensation and at the pleasure
of the appointing authority. Vacancies shall be filled by the appointing authority consistent
with the qualifications of the vacating member required by this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 75.

Minnesota Statutes 2024, section 611.57, subdivision 4, is amended to read:


Subd. 4.

Duties.

The Certification Advisory Committee shall consult with the Department
of Human Services, the Department of Health, deleted text begin anddeleted text end the Department of Correctionsnew text begin , and
Direct Care and Treatmentnew text end ; make recommendations to the Minnesota Competency Attainment
Board regarding competency attainment curriculum, certification requirements for
competency attainment programs including jail-based programs, and certification of
individuals to provide competency attainment services; and provide information and
recommendations on other issues relevant to competency attainment as requested by the
board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 76.

Minnesota Statutes 2024, section 624.7131, subdivision 1, is amended to read:


Subdivision 1.

Information.

Any person may apply for a transferee permit by providing
the following information in writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to the county sheriff if there
is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end , to the extent
that the information relates to the proposed transferee's eligibility to possess a pistol or
semiautomatic military-style assault weapon under section 624.713, subdivision 1; and

(4) a statement by the proposed transferee that the proposed transferee is not prohibited
by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.

The statements shall be signed and dated by the person applying for a permit. At the
time of application, the local police authority shall provide the applicant with a dated receipt
for the application. The statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 77.

Minnesota Statutes 2024, section 624.7131, subdivision 2, is amended to read:


Subd. 2.

Investigation.

The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime
Information System, the national criminal record repository, and the National Instant Criminal
Background Check System. The chief of police or sheriff shall also make a reasonable effort
to check other available state and local record-keeping systems. The chief of police or sheriff
shall obtain commitment information from the deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care
and Treatment executive boardnew text end as provided in section 246C.15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 78.

Minnesota Statutes 2024, section 624.7132, subdivision 1, is amended to read:


Subdivision 1.

Required information.

Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style
assault weapon shall report the following information in writing to the chief of police of
the organized full-time police department of the municipality where the proposed transferee
resides or to the appropriate county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end , to the extent
that the information relates to the proposed transferee's eligibility to possess a pistol or
semiautomatic military-style assault weapon under section 624.713, subdivision 1;

(4) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon; and

(5) the address of the place of business of the transferor.

The report shall be signed and dated by the transferor and the proposed transferee. The
report shall be delivered by the transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding weekends and legal holidays.
The statement under clause (3) must comply with any applicable requirements of Code of
Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of
alcohol or drug abuse patient records.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 79.

Minnesota Statutes 2024, section 624.7132, subdivision 2, is amended to read:


Subd. 2.

Investigation.

Upon receipt of a transfer report, the chief of police or sheriff
shall check criminal histories, records and warrant information relating to the proposed
transferee through the Minnesota Crime Information System, the national criminal record
repository, and the National Instant Criminal Background Check System. The chief of police
or sheriff shall also make a reasonable effort to check other available state and local
record-keeping systems. The chief of police or sheriff shall obtain commitment information
from the deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end as
provided in section 246C.15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 80.

Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read:


Subd. 3.

Form and contents of application.

(a) Applications for permits to carry must
be an official, standardized application form, adopted under section 624.7151, and must set
forth in writing only the following information:

(1) the applicant's name, residence, telephone number, if any, and driver's license number
or state identification card number;

(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
distinguishing physical characteristics, if any;

(3) the township or statutory city or home rule charter city, and county, of all Minnesota
residences of the applicant in the last five years, though not including specific addresses;

(4) the township or city, county, and state of all non-Minnesota residences of the applicant
in the last five years, though not including specific addresses;

(5) a statement that the applicant authorizes the release to the sheriff of commitment
information about the applicant maintained by the deleted text begin commissioner of human servicesdeleted text end new text begin Direct
Care and Treatment executive boardnew text end or any similar agency or department of another state
where the applicant has resided, to the extent that the information relates to the applicant's
eligibility to possess a firearm; and

(6) a statement by the applicant that, to the best of the applicant's knowledge and belief,
the applicant is not prohibited by law from possessing a firearm.

(b) The statement under paragraph (a), clause (5), must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

(c) An applicant must submit to the sheriff an application packet consisting only of the
following items:

(1) a completed application form, signed and dated by the applicant;

(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c),
that is submitted as the applicant's evidence of training in the safe use of a pistol; and

(3) an accurate photocopy of the applicant's current driver's license, state identification
card, or the photo page of the applicant's passport.

(d) In addition to the other application materials, a person who is otherwise ineligible
for a permit due to a criminal conviction but who has obtained a pardon or expungement
setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights,
must submit a copy of the relevant order.

(e) Applications must be submitted in person.

(f) The sheriff may charge a new application processing fee in an amount not to exceed
the actual and reasonable direct cost of processing the application or $100, whichever is
less. Of this amount, $10 must be submitted to the commissioner and deposited into the
general fund.

(g) This subdivision prescribes the complete and exclusive set of items an applicant is
required to submit in order to apply for a new or renewal permit to carry. The applicant
must not be asked or required to submit, voluntarily or involuntarily, any information, fees,
or documentation beyond that specifically required by this subdivision. This paragraph does
not apply to alternate training evidence accepted by the sheriff under subdivision 2a,
paragraph (d).

(h) Forms for new and renewal applications must be available at all sheriffs' offices and
the commissioner must make the forms available on the Internet.

(i) Application forms must clearly display a notice that a permit, if granted, is void and
must be immediately returned to the sheriff if the permit holder is or becomes prohibited
by law from possessing a firearm. The notice must list the applicable state criminal offenses
and civil categories that prohibit a person from possessing a firearm.

(j) Upon receipt of an application packet and any required fee, the sheriff must provide
a signed receipt indicating the date of submission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 81.

Minnesota Statutes 2024, section 624.714, subdivision 4, is amended to read:


Subd. 4.

Investigation.

(a) The sheriff must check, by means of electronic data transfer,
criminal records, histories, and warrant information on each applicant through the Minnesota
Crime Information System and the National Instant Criminal Background Check System.
The sheriff shall also make a reasonable effort to check other available and relevant federal,
state, or local record-keeping systems. The sheriff must obtain commitment information
from the deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end as
provided in section 246C.15 or, if the information is reasonably available, as provided by
a similar statute from another state.

(b) When an application for a permit is filed under this section, the sheriff must notify
the chief of police, if any, of the municipality where the applicant resides. The police chief
may provide the sheriff with any information relevant to the issuance of the permit.

(c) The sheriff must conduct a background check by means of electronic data transfer
on a permit holder through the Minnesota Crime Information System and the National
Instant Criminal Background Check System at least yearly to ensure continuing eligibility.
The sheriff may also conduct additional background checks by means of electronic data
transfer on a permit holder at any time during the period that a permit is in effect.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 82.

Minnesota Statutes 2024, section 631.40, subdivision 3, is amended to read:


Subd. 3.

Departments of Human Services; Children, Youth, and Families; and
Health licensees.

When a person who is affiliated with a program or facility governednew text begin or
licensednew text end by new text begin Direct Care and Treatment;new text end the Department of Human Servicesdeleted text begin ,deleted text end new text begin ;new text end Department
of Children, Youth, and Familiesdeleted text begin ,deleted text end new text begin ;new text end or Department of Health is convicted of a disqualifying
crime, the probation officer or corrections agent shall notify the commissioner of the
conviction, as provided in chapter 245C.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 83. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota Statutes, section 252.50, subdivision
5, as Minnesota Statutes, section 246C.11, subdivision 4a.
 new text end

new text begin (b) The revisor of statutes shall renumber Minnesota Statutes, section 252.52, as
Minnesota Statutes, section 246C.191.
 new text end

new text begin (c) The revisor of statutes shall make necessary cross-reference changes consistent with
the renumbering in this section.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

Sec. 84. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, sections 245.4862; 246.015, subdivision 3; 246.50,
subdivision 2; and 246B.04, subdivision 1a, new text end new text begin are repealed.
 new text end

new text begin (b) new text end new text begin Laws 2024, chapter 79, article 1, sections 15; 16; and 17, new text end new text begin are repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
 new text end

ARTICLE 4

SUBSTANCE USE DISORDER TREATMENT SERVICES POLICY

Section 1.

Minnesota Statutes 2024, section 4.046, subdivision 2, is amended to read:


Subd. 2.

Subcabinet membership.

The subcabinet consists of the following members:

(1) the commissioner of human services;

(2) the commissioner of health;

(3) the commissioner of education;

(4) the commissioner of public safety;

(5) the commissioner of corrections;

(6) the commissioner of management and budget;

(7) the commissioner of higher education;

new text begin (8) the commissioner of children, youth, and families;
 new text end

new text begin (9) the chief executive officer of direct care and treatment;
 new text end

new text begin (10) the commissioner of commerce;
 new text end

new text begin (11) the director of the Office of Cannabis Management;
 new text end

deleted text begin (8)deleted text end new text begin (12)new text end the chair of the Interagency Council on Homelessness; and

deleted text begin (9)deleted text end new text begin (13)new text end the governor's director of addiction and recovery, who shall serve as chair of
the subcabinet.

Sec. 2.

Minnesota Statutes 2024, section 4.046, subdivision 3, is amended to read:


Subd. 3.

Policy and strategy development.

The subcabinet must engage in the following
duties related to the development of opioid use, substance use, and addiction policy and
strategy:

(1) identify challenges and opportunities that exist relating to accessing treatment and
support services and develop recommendations to overcome these barriers for all
Minnesotans;

(2) with input from affected communities, develop policies and strategies that will reduce
barriers and gaps in service for all Minnesotans seeking treatment for opioid or substance
use disorder, particularly for those Minnesotans who are members of communities
disproportionately impacted by substance use and addiction;

(3) develop policies and strategies that the state may adopt to expand Minnesota's recovery
infrastructure, including detoxification or withdrawal management facilities, treatment
facilities, and sober housing;

(4) identify innovative services and strategies for effective treatment and support;

(5) develop policies and strategies to expand services and support for people in Minnesota
suffering from opioid or substance use disorder through partnership with the Opioid Epidemic
Response Advisory Council and other relevant partnerships;

(6) develop policies and strategies for agencies to manage addiction and the relationship
it has with co-occurring conditions;

(7) identify policies and strategies to address opioid or substance use disorder among
Minnesotans experiencing homelessness; deleted text begin and
deleted text end

(8) submit recommendations to the legislature addressing opioid use, substance use, and
addiction in Minnesotadeleted text begin .deleted text end new text begin ; and
new text end

new text begin (9) develop and publish a comprehensive substance use and addiction plan for the state.
The plan must establish goals and priorities for a comprehensive continuum of care for
substance misuse and substance use disorder for Minnesota. All state agencies' operating
programs related to substance use prevention, harm reduction, treatment, or recovery or
that are administering state or federal funds for those programs shall set program goals and
priorities in accordance with the state plan. Each state agency shall submit its relevant plans
and budgets to the subcabinet for review upon request.
 new text end

Sec. 3.

Minnesota Statutes 2024, section 245G.05, subdivision 1, is amended to read:


Subdivision 1.

Comprehensive assessment.

new text begin (a) new text end A comprehensive assessment of the
client's substance use disorder must be administered face-to-face deleted text begin by an alcohol and drug
counselordeleted text end within five calendar days from the day of service initiation for a residential
program or by the end of the fifth day on which a treatment service is provided in a
nonresidential program. The number of days to complete the comprehensive assessment
excludes the day of service initiation.

new text begin (b) A comprehensive assessment must be administered by:
 new text end

new text begin (1) an alcohol and drug counselor;
 new text end

new text begin (2) a mental health professional who meets the qualifications under section 245I.04,
subdivision 2; practices within the scope of their professional licensure; and has at least 12
hours of training in substance use disorder and treatment;
 new text end

new text begin (3) a clinical trainee who meets the qualifications under section 245I.04, subdivision 6,
practicing under the supervision of a mental health professional who meets the requirements
of clause (2); or
 new text end

new text begin (4) an advanced practice registered nurse as defined in section 148.171, subdivision 3,
who practices within the scope of their professional licensure and has at least 12 hours of
training in substance use disorder and treatment.
 new text end

new text begin (c) new text end If the comprehensive assessment is not completed within the required time frame,
the person-centered reason for the delay and the planned completion date must be documented
in the client's file. The comprehensive assessment is complete upon a qualified staff member's
dated signature. If the client received a comprehensive assessment that authorized the
treatment service, deleted text begin an alcohol and drug counselordeleted text end new text begin a staff member qualified under paragraph
(b)new text end may use the comprehensive assessment for requirements of this subdivision but must
document a review of the comprehensive assessment and update the comprehensive
assessment as clinically necessary to ensure compliance with this subdivision within
applicable timelines. deleted text begin An alcohol and drug counselordeleted text end new text begin A staff member qualified under
paragraph (b)new text end must sign and date the comprehensive assessment review and update.

Sec. 4.

Minnesota Statutes 2024, section 245G.11, subdivision 7, is amended to read:


Subd. 7.

Treatment coordination provider qualifications.

(a) Treatment coordination
must be provided by qualified staff. An individual is qualified to provide treatment
coordination if the individual meets the qualifications of an alcohol and drug counselor
under subdivision 5 or if the individual:

(1) is skilled in the process of identifying and assessing a wide range of client needs;

(2) is knowledgeable about local community resources and how to use those resources
for the benefit of the client;

(3) has deleted text begin successfullydeleted text end completed deleted text begin 30 hours of classroom instruction on treatment
coordination for an individual with substance use disorderdeleted text end new text begin specific training on substance
use disorder and co-occurring disorders that is consistent with national evidence-based
practicesnew text end ;new text begin and
new text end

(4) deleted text begin has eitherdeleted text end new text begin meets one of the following criterianew text end :

(i) new text begin has new text end a bachelor's degree in one of the behavioral sciences or related fieldsnew text begin and at least
1,000 hours of supervised experience working with individuals with substance use disordernew text end ;
deleted text begin or
deleted text end

(ii)new text begin hasnew text end current certification as an alcohol and drug counselor, level I, by the Upper
Midwest Indian Council on Addictive Disorders; deleted text begin anddeleted text end new text begin or
new text end

new text begin (iii) is a mental health practitioner who meets the qualifications under section 245I.04,
subdivision 4.
 new text end

deleted text begin (5) has at least 2,000 hours of supervised experience working with individuals with
substance use disorder.
 deleted text end

(b) A treatment coordinator must receive at least one hour of supervision regarding
individual service delivery from an alcohol and drug counselor, or a mental health
professional who has substance use treatment and assessments within the scope of their
practice, on a monthly basis.

Sec. 5.

Minnesota Statutes 2024, section 254A.03, subdivision 1, is amended to read:


Subdivision 1.

Alcohol and Other Drug Abuse Section.

There is hereby created an
Alcohol and Other Drug Abuse Section in the Department of Human Services. This section
shall be headed by a director. The commissioner may place the director's position in the
unclassified service if the position meets the criteria established in section 43A.08,
subdivision 1a. The section shall:

(1) conduct and foster basic research relating to the cause, prevention and methods of
diagnosis, treatment and recovery of persons with substance misuse and substance use
disorder;

deleted text begin (2) coordinate and review all activities and programs of all the various state departments
as they relate to problems associated with substance misuse and substance use disorder;
 deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end develop, demonstrate, and disseminate new methods and techniques for prevention,
early intervention, treatment and recovery support for substance misuse and substance use
disorder;

deleted text begin (4)deleted text end new text begin (3)new text end gather facts and information about substance misuse and substance use disorder,
and about the efficiency and effectiveness of prevention, treatment, and recovery support
services from all comprehensive programs, including programs approved or licensed by the
commissioner of human services or the commissioner of health or accredited by the Joint
Commission on Accreditation of Hospitals. The state authority is authorized to require
information from comprehensive programs which is reasonable and necessary to fulfill
these duties. When required information has been previously furnished to a state or local
governmental agency, the state authority shall collect the information from the governmental
agency. The state authority shall disseminate facts and summary information about problems
associated with substance misuse and substance use disorder to public and private agencies,
local governments, local and regional planning agencies, and the courts for guidance to and
assistance in prevention, treatment and recovery support;

deleted text begin (5)deleted text end new text begin (4)new text end inform and educate the general public on substance misuse and substance use
disorder;

deleted text begin (6)deleted text end new text begin (5)new text end serve as the state authority concerning substance misuse and substance use disorder
by monitoring the conduct of diagnosis and referral services, research and comprehensive
programs. The state authority shall submit a biennial report to the governor containing a
description of public services delivery and recommendations concerning increase of
coordination and quality of services, and decrease of service duplication and cost;

deleted text begin (7) establish a state plan which shall set forth goals and priorities for a comprehensive
continuum of care for substance misuse and substance use disorder for Minnesota. All state
agencies operating substance misuse or substance use disorder programs or administering
state or federal funds for such programs shall annually set their program goals and priorities
in accordance with the state plan. Each state agency shall annually submit its plans and
budgets to the state authority for review. The state authority shall certify whether proposed
services comply with the comprehensive state plan and advise each state agency of review
findings;
 deleted text end

deleted text begin (8)deleted text end new text begin (6)new text end make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using federal funds, and state funds as authorized
to pay for costs of state administration, including evaluation, statewide programs and services,
research and demonstration projects, and American Indian programs;

deleted text begin (9)deleted text end new text begin (7)new text end receive and administer money available for substance misuse and substance use
disorder programs under the alcohol, drug abuse, and mental health services block grant,
United States Code, title 42, sections 300X to 300X-9;

deleted text begin (10)deleted text end new text begin (8)new text end solicit and accept any gift of money or property for purposes of Laws 1973,
chapter 572, and any grant of money, services, or property from the federal government,
the state, any political subdivision thereof, or any private source;new text begin and
new text end

deleted text begin (11)deleted text end new text begin (9)new text end with respect to substance misuse and substance use disorder programs serving
the American Indian community, establish guidelines for the employment of personnel with
considerable practical experience in substance misuse and substance use disorder, and
understanding of social and cultural problems related to substance misuse and substance
use disorder, in the American Indian community.

Sec. 6.

Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read:


Subdivision 1.

Licensure or certification required.

(a) Programs licensed by the
commissioner are eligible vendors. Hospitals may apply for and receive licenses to be
eligible vendors, notwithstanding the provisions of section 245A.03. American Indian
programs that provide substance use disorder treatment, extended care, transitional residence,
or outpatient treatment services, and are licensed by tribal government are eligible vendors.

(b) A licensed professional in private practice as defined in section 245G.01, subdivision
17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment provided according to section 254A.19, subdivision
3, and treatment services provided according to sections 245G.06 and 245G.07, subdivision
1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6).

(c) A county is an eligible vendor for a comprehensive assessment when provided by
an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5,
and completed according to the requirements of section 254A.19, subdivision 3. A county
is an eligible vendor of care coordination services when provided by an individual who
meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided
according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5).
A county is an eligible vendor of peer recovery services when the services are provided by
an individual who meets the requirements of section 245G.11, subdivision 8.

(d) A recovery community organization that meets the requirements of clauses (1) to
deleted text begin (14)deleted text end new text begin (15)new text end and meets certification or accreditation requirements of the Alliance for Recovery
Centered Organizations, the Council on Accreditation of Peer Recovery Support Services,
or a Minnesota statewide recovery organization identified by the commissioner is an eligible
vendor of peer recovery support services. A Minnesota statewide recovery organization
identified by the commissioner must update recovery community organization applicants
for certification or accreditation on the status of the application within 45 days of receipt.
If the approved statewide recovery organization denies an application, it must provide a
written explanation for the denial to the recovery community organization. Eligible vendors
under this paragraph must:

(1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
free from conflicting self-interests, and be autonomous in decision-making, program
development, peer recovery support services provided, and advocacy efforts for the purpose
of supporting the recovery community organization's mission;

(2) be led and governed by individuals in the recovery community, with more than 50
percent of the board of directors or advisory board members self-identifying as people in
personal recovery from substance use disorders;

(3) have a mission statement and conduct corresponding activities indicating that the
organization's primary purpose is to support recovery from substance use disorder;

(4) demonstrate ongoing community engagement with the identified primary region and
population served by the organization, including individuals in recovery and their families,
friends, and recovery allies;

(5) be accountable to the recovery community through documented priority-setting and
participatory decision-making processes that promote the engagement of, and consultation
with, people in recovery and their families, friends, and recovery allies;

(6) provide nonclinical peer recovery support services, including but not limited to
recovery support groups, recovery coaching, telephone recovery support, skill-building,
and harm-reduction activities, and provide recovery public education and advocacy;

(7) have written policies that allow for and support opportunities for all paths toward
recovery and refrain from excluding anyone based on their chosen recovery path, which
may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
paths;

(8) maintain organizational practices to meet the needs of Black, Indigenous, and people
of color communities, LGBTQ+ communities, and other underrepresented or marginalized
communities. Organizational practices may include board and staff training, service offerings,
advocacy efforts, and culturally informed outreach and services;

(9) use recovery-friendly language in all media and written materials that is supportive
of and promotes recovery across diverse geographical and cultural contexts and reduces
stigma;

(10) establish and maintain a publicly available recovery community organization code
of ethics and grievance policy and procedures;

(11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
independent contractor;

(12) not classify or treat any recovery peer as an independent contractor on or after
January 1, 2025;

(13) provide an orientation for recovery peers that includes an overview of the consumer
advocacy services provided by the Ombudsman for Mental Health and Developmental
Disabilities and other relevant advocacy services; deleted text begin and
deleted text end

(14) provide notice to peer recovery support services participants that includes the
following statement: "If you have a complaint about the provider or the person providing
your peer recovery support services, you may contact the Minnesota Alliance of Recovery
Community Organizations. You may also contact the Office of Ombudsman for Mental
Health and Developmental Disabilities." The statement must also include:

(i) the telephone number, website address, email address, and mailing address of the
Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
for Mental Health and Developmental Disabilities;

(ii) the recovery community organization's name, address, email, telephone number, and
name or title of the person at the recovery community organization to whom problems or
complaints may be directed; and

(iii) a statement that the recovery community organization will not retaliate against a
peer recovery support services participant because of a complaintnew text begin ; and
new text end

new text begin (15) comply with the requirements of section 245A.04, subdivision 15anew text end .

(e) A recovery community organization approved by the commissioner before June 30,
2023, must have begun the application process as required by an approved certifying or
accrediting entity and have begun the process to meet the requirements under paragraph (d)
by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
support services.

(f) A recovery community organization that is aggrieved by an accreditation, certification,
or membership determination and believes it meets the requirements under paragraph (d)
may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause
(14), for reconsideration as an eligible vendor. If the human services judge determines that
the recovery community organization meets the requirements under paragraph (d), the
recovery community organization is an eligible vendor of peer recovery support services.

(g) All recovery community organizations must be certified or accredited by an entity
listed in paragraph (d) by June 30, 2025.

(h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.

(i) Hospitals, federally qualified health centers, and rural health clinics are eligible
vendors of a comprehensive assessment when the comprehensive assessment is completed
according to section 254A.19, subdivision 3, and by an individual who meets the criteria
of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol
and drug counselor must be individually enrolled with the commissioner and reported on
the claim as the individual who provided the service.

(j) Any complaints about a recovery community organization or peer recovery support
services may be made to and reviewed or investigated by the ombudsperson for behavioral
health and developmental disabilities under sections 245.91 and 245.94.

Sec. 7.

Minnesota Statutes 2024, section 254B.05, subdivision 5, is amended to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.

(b) Eligible substance use disorder treatment services include:

(1) those licensed, as applicable, according to chapter 245G or applicable Tribal license
and provided according to the following ASAM levels of care:

(i) ASAM level 0.5 early intervention services provided according to section 254B.19,
subdivision 1, clause (1);

(ii) ASAM level 1.0 outpatient services provided according to section 254B.19,
subdivision 1, clause (2);

(iii) ASAM level 2.1 intensive outpatient services provided according to section 254B.19,
subdivision 1, clause (3);

(iv) ASAM level 2.5 partial hospitalization services provided according to section
254B.19, subdivision 1, clause (4);

(v) ASAM level 3.1 clinically managed low-intensity residential services provided
according to section 254B.19, subdivision 1, clause (5). The commissioner shall use the
base payment rate of $79.84 per day for services provided under this item;

(vi) ASAM level 3.1 clinically managed low-intensity residential services provided
according to section 254B.19, subdivision 1, clause (5), at 15 or more hours of skilled
treatment services each week. The commissioner shall use the base payment rate of $166.13
per day for services provided under this item;

(vii) ASAM level 3.3 clinically managed population-specific high-intensity residential
services provided according to section 254B.19, subdivision 1, clause (6). The commissioner
shall use the specified base payment rate of $224.06 per day for services provided under
this item; and

(viii) ASAM level 3.5 clinically managed high-intensity residential services provided
according to section 254B.19, subdivision 1, clause (7). The commissioner shall use the
specified base payment rate of $224.06 per day for services provided under this item;

(2) comprehensive assessments provided according to section 254A.19, subdivision 3;

(3) treatment coordination services provided according to section 245G.07, subdivision
1, paragraph (a), clause (5);

(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);

(5) withdrawal management services provided according to chapter 245F;

(6) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable Tribal license and licensed as a hospital under sections 144.50 to
144.56;

(7) substance use disorder treatment services with medications for opioid use disorder
provided in an opioid treatment program licensed according to sections 245G.01 to 245G.17
and 245G.22, or under an applicable Tribal license;

(8) medium-intensity residential treatment services that provide 15 hours of skilled
treatment services each week and are licensed according to sections 245G.01 to 245G.17
and 245G.21 or applicable Tribal license;

(9) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable Tribal license;

(10) ASAM 3.5 clinically managed high-intensity residential services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable Tribal license, which
provide ASAM level of care 3.5 according to section 254B.19, subdivision 1, clause (7),
and are provided by a state-operated vendor or to clients who have been civilly committed
to the commissioner, present the most complex and difficult care needs, and are a potential
threat to the community; and

(11) room and board facilities that meet the requirements of subdivision 1a.

(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:

(1) programs that serve parents with their children if the program:

(i) provides on-site child care during the hours of treatment activity that:

(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or

(B) is licensed under chapter 245A and sections 245G.01 to 245G.19; or

(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:

(A) a child care center under Minnesota Rules, chapter 9503; or

(B) a family child care home under Minnesota Rules, chapter 9502;

(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a;

(3) disability responsive programs as defined in section 254B.01, subdivision 4b;

(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to one hour per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or

(5) programs that offer services to individuals with co-occurring mental health and
substance use disorder problems if:

(i) the program meets the co-occurring requirements in section 245G.20;

(ii) the program employs a mental health professional as defined in section 245I.04,
subdivision 2;

(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admissionnew text begin , excluding weekends and holidaysnew text end ;

(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;

(v) family education is offered that addresses mental health and substance use disorder
and the interaction between the two; and

(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the substance use disorder facility of the child care provider's current licensure to provide
child care services.

(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (5), items (i) to (iv).

(f) Substance use disorder services that are otherwise covered as direct face-to-face
services may be provided via telehealth as defined in section 256B.0625, subdivision 3b.
The use of telehealth to deliver services must be medically appropriate to the condition and
needs of the person being served. Reimbursement shall be at the same rates and under the
same conditions that would otherwise apply to direct face-to-face services.

(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.

(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.

(i) Payment for substance use disorder services under this section must start from the
day of service initiation, when the comprehensive assessment is completed within the
required timelines.

(j) A license holder that is unable to provide all residential treatment services because
a client missed services remains eligible to bill for the client's intensity level of services
under this paragraph if the license holder can document the reason the client missed services
and the interventions done to address the client's absence.

(k) Hours in a treatment week may be reduced in observance of federally recognized
holidays.

(l) Eligible vendors of peer recovery support services must:

(1) submit to a review by the commissioner of up to ten percent of all medical assistance
and behavioral health fund claims to determine the medical necessity of peer recovery
support services for entities billing for peer recovery support services individually and not
receiving a daily rate; and

(2) limit an individual client to 14 hours per week for peer recovery support services
from an individual provider of peer recovery support services.

(m) Peer recovery support services not provided in accordance with section 254B.052
are subject to monetary recovery under section 256B.064 as money improperly paid.

Sec. 8.

new text begin [256G.061] WITHDRAWAL MANAGEMENT SERVICES.
 new text end

new text begin The county of financial responsibility for withdrawal management services is defined
in section 256G.02, subdivision 4.
 new text end

ARTICLE 5

MISCELLANEOUS POLICY

Section 1.

Minnesota Statutes 2024, section 62Q.75, subdivision 3, is amended to read:


Subd. 3.

Claims filing.

new text begin (a) new text end Unless otherwise provided by contract, by section 16A.124,
subdivision 4a, or by federal law, the health care providers and facilities specified in
subdivision 2 must submit their charges to a health plan company or third-party administrator
within six months from the date of service or the date the health care provider knew or was
informed of the correct name and address of the responsible health plan company or
third-party administrator, whichever is later.

new text begin (b) new text end A health care provider or facility that does not make an initial submission of charges
within the six-month period new text begin in paragraph (a), the 12-month period in paragraph (c), or the
additional six-month period in paragraph (d) new text end shall not be reimbursed for the charge and may
not collect the charge from the recipient of the service or any other payer.

new text begin (c) new text end The six-month submission requirement new text begin in paragraph (a) new text end may be extended to 12
months in cases where a health care provider or facility specified in subdivision 2 has
determined and can substantiate that it has experienced a significant disruption to normal
operations that materially affects the ability to conduct business in a normal manner and to
submit claims on a timely basis.

new text begin (d) The six-month submission requirement in paragraph (a) may be extended an additional
six months if a health plan company or third-party administrator makes any adjustment or
recoupment of payment. The additional six months begins on the date the health plan
company or third-party administrator adjusts or recoups the payment.
 new text end

new text begin (e) new text end Any request by a health care provider or facility specified in subdivision 2 for an
exception to a contractually defined claims submission timeline must be reviewed and acted
upon by the health plan company within the same time frame as the contractually agreed
upon claims filing timeline.

new text begin (f) new text end This subdivision also applies to all health care providers and facilities that submit
charges to workers' compensation payers for treatment of a workers' compensation injury
compensable under chapter 176, or to reparation obligors for treatment of an injury
compensable under chapter 65B.

APPENDIX

Repealed Minnesota Statutes: S2443-1

144G.9999 RESIDENT QUALITY OF CARE AND OUTCOMES IMPROVEMENT TASK FORCE.

Subdivision 1.

Establishment.

The commissioner shall establish a Resident Quality of Care and Outcomes Improvement Task Force to examine and make recommendations, on an ongoing basis, on how to apply proven safety and quality improvement practices and infrastructure to settings and providers that provide long-term services and supports.

Subd. 2.

Membership.

The task force shall include representation from:

(1) nonprofit Minnesota-based organizations dedicated to patient safety or innovation in health care safety and quality;

(2) Department of Health staff with expertise in issues related to safety and adverse health events;

(3) consumer organizations;

(4) direct care providers or their representatives;

(5) organizations representing long-term care providers and home care providers in Minnesota;

(6) the ombudsman for long-term care or a designee;

(7) national patient safety experts; and

(8) other experts in the safety and quality improvement field.

The task force shall have at least one public member who either is or has been a resident in an assisted living setting and one public member who has or had a family member living in an assisted living setting. The membership shall be voluntary except that public members may be reimbursed under section 15.059, subdivision 3.

Subd. 3.

Recommendations.

The task force shall periodically provide recommendations to the commissioner and the legislature on changes needed to promote safety and quality improvement practices in long-term care settings and with long-term care providers. The task force shall meet no fewer than four times per year. The task force shall be established by July 1, 2020.

245.4862 MENTAL HEALTH URGENT CARE AND PSYCHIATRIC CONSULTATION.

Subdivision 1.

Mental health urgent care and psychiatric consultation.

The commissioner shall include mental health urgent care and psychiatric consultation services as part of, but not limited to, the redesign of six community-based behavioral health hospitals and the Anoka-Metro Regional Treatment Center. These services must not duplicate existing services in the region, and must be implemented as specified in subdivisions 3 to 7.

Subd. 2.

Definitions.

For purposes of this section:

(a) Mental health urgent care includes:

(1) initial mental health screening;

(2) mobile crisis assessment and intervention;

(3) rapid access to psychiatry, including psychiatric evaluation, initial treatment, and short-term psychiatry;

(4) nonhospital crisis stabilization residential beds; and

(5) health care navigator services that include, but are not limited to, assisting uninsured individuals in obtaining health care coverage.

(b) Psychiatric consultation services includes psychiatric consultation to primary care practitioners.

Subd. 3.

Rapid access to psychiatry.

The commissioner shall develop rapid access to psychiatric services based on the following criteria:

(1) the individuals who receive the psychiatric services must be at risk of hospitalization and otherwise unable to receive timely services;

(2) where clinically appropriate, the service may be provided via interactive video where the service is provided in conjunction with an emergency room, a local crisis service, or a primary care or behavioral care practitioner; and

(3) the commissioner may integrate rapid access to psychiatry with the psychiatric consultation services in subdivision 4.

Subd. 4.

Collaborative psychiatric consultation.

(a) The commissioner shall establish a collaborative psychiatric consultation service based on the following criteria:

(1) the service may be available via telephone, interactive video, email, or other means of communication to emergency rooms, local crisis services, mental health professionals, and primary care practitioners, including pediatricians;

(2) the service shall be provided by a multidisciplinary team including, at a minimum, a child and adolescent psychiatrist, an adult psychiatrist, and a licensed clinical social worker;

(3) the service shall include a triage-level assessment to determine the most appropriate response to each request, including appropriate referrals to other mental health professionals, as well as provision of rapid psychiatric access when other appropriate services are not available;

(4) the first priority for this service is to provide the consultations required under section 256B.0625, subdivision 13j; and

(5) the service must encourage use of cognitive and behavioral therapies and other evidence-based treatments in addition to or in place of medication, where appropriate.

(b) The commissioner shall appoint an interdisciplinary work group to establish appropriate medication and psychotherapy protocols to guide the consultative process, including consultation with the Drug Utilization Review Board, as provided in section 256B.0625, subdivision 13j.

Subd. 5.

Phased availability.

(a) The commissioner may phase in the availability of mental health urgent care services based on the limits of appropriations and the commissioner's determination of level of need and cost-effectiveness.

(b) For subdivisions 3 and 4, the first phase must focus on adults in Hennepin and Ramsey Counties and children statewide who are affected by section 256B.0625, subdivision 13j, and must include tracking of costs for the services provided and associated impacts on utilization of inpatient, emergency room, and other services.

Subd. 6.

Limited appropriations.

The commissioner shall maximize use of available health care coverage for the services provided under this section. The commissioner's responsibility to provide these services for individuals without health care coverage must not exceed the appropriations for this section.

Subd. 7.

Flexible implementation.

To implement this section, the commissioner shall select the structure and funding method that is the most cost-effective for each county or group of counties. This may include grants, contracts, service agreements with the Direct Care and Treatment executive board, and public-private partnerships. Where feasible, the commissioner shall make any grants under this section a part of the integrated adult mental health initiative grants under section 245.4661.

246.015 CONSULTATIVE SERVICES; AFTERCARE OF PATIENTS.

Subd. 3.

Authorization.

The Direct Care and Treatment executive board may authorize state-operated services to provide consultative services for courts, state welfare agencies, and supervise the placement and aftercare of patients, on a fee-for-service basis as defined in section 246.50, provisionally or otherwise discharged from a state-operated services facility. State-operated services may also promote and conduct programs of education relating to mental health. The executive board shall administer, expend, and distribute federal funds which may be made available to the state and other funds not appropriated by the legislature, which may be made available to the state for mental health purposes.

246.50 CARE OF CLIENTS AT STATE FACILITIES; DEFINITIONS.

Subd. 2.

Commissioner.

"Commissioner" means the commissioner of human services of the state of Minnesota.

246B.04 RULES; EVALUATION.

Subd. 1a.

Program evaluation.

The executive board shall establish an evaluation process to measure outcomes and behavioral changes as a result of treatment compared with incarceration without treatment to determine the value, if any, of treatment in protecting the public.

Repealed Minnesota Session Laws: S2443-1

Laws 2024, chapter 79, article 1, section 15

Sec. 15.

Minnesota Statutes 2022, section 246.41, subdivision 1, is amended to read:


Subdivision 1.

Acceptance.

The deleted text begin commissioner of human servicesdeleted text end new text begin executive boardnew text end is authorized to accept, for and deleted text begin indeleted text end new text begin onnew text end behalf of the state, contributions of money for the use and benefit of persons with developmental disabilities.

Laws 2024, chapter 79, article 1, section 16

Sec. 16.

Minnesota Statutes 2022, section 246.41, subdivision 2, is amended to read:


Subd. 2.

Special welfare fund.

new text begin The executive board shall deposit new text end any money deleted text begin sodeleted text end received by the deleted text begin commissioner shall be depositeddeleted text end new text begin executive board under paragraph (a)new text end with the commissioner of management and budget in a special welfare funddeleted text begin , which fund isdeleted text end to be used by the deleted text begin commissioner of human servicesdeleted text end new text begin executive boardnew text end for the benefit of persons with developmental disabilities within the state, including those within state hospitals. deleted text begin And, without excluding other possible uses,deleted text end new text begin Allowable uses of the money by the executive board include but are not limited tonew text end research relating to persons with developmental disabilities deleted text begin shall be considered an appropriate use of such funds;deleted text end but deleted text begin such funds shall not deleted text end deleted text begin be used fordeleted text end new text begin must not include creation ofnew text end any structures or installations which deleted text begin by their naturedeleted text end would require state expenditures for theirnew text begin ongoingnew text end operation or maintenance without specific legislative enactment deleted text begin therefordeleted text end new text begin for such a projectnew text end .

Laws 2024, chapter 79, article 1, section 17

Sec. 17.

Minnesota Statutes 2022, section 246.41, subdivision 3, is amended to read:


Subd. 3.

Appropriation.

deleted text begin There is hereby appropriated fromdeleted text end new text begin The amount innew text end the special welfare fund deleted text begin in the state treasury to such persons as are entitled thereto to carry out the provisions stated indeleted text end new text begin is annually appropriated to the executive board for the purposes ofnew text end this section.