HF 4562
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/23/2026 03:22 p.m.
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44.18
A bill for an act
relating to human services; modifying child foster care license moratorium
exceptions, MnCHOICES assessor requirements, targeted case management
requirements, early intensive developmental and behavioral intervention
requirements, cost data report review, and maltreatment of vulnerable adult
processes; making technical corrections; amending Minnesota Statutes 2024,
sections 245A.03, subdivision 7; 256B.0625, by adding a subdivision; 256B.0911,
subdivision 32; 256B.0924, subdivisions 3, 5, 7, by adding a subdivision;
256B.0949, by adding a subdivision; 256B.4905, subdivision 2a; 256B.5012,
subdivision 21; 256B.851, subdivision 8; 256S.21, subdivision 3; 626.557,
subdivisions 9, 9a, 12b, by adding subdivisions; 626.5572, subdivisions 2, 9, 17,
by adding subdivisions; Minnesota Statutes 2025 Supplement, sections 245D.091,
subdivisions 2, 3; 256B.0911, subdivision 13; 256B.0924, subdivision 6;
256B.0949, subdivisions 2, 16; 256B.4914, subdivision 10a; 626.5572, subdivision
13; repealing Minnesota Statutes 2024, sections 256B.5012, subdivisions 4, 5, 6,
7, 8, 9, 10, 11, 12, 14, 15, 16; 626.557, subdivision 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 245A.03, subdivision 7, is amended to read:
Subd. 7.
Licensing moratorium.
(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, which
does not include child foster residence settings with residential program certifications for
compliance with the Family First Prevention Services Act under section 245A.25, subdivision
1, paragraph (a), or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
9555.6265, under this chapter for a physical location that will not be the primary residence
of the license holder for the entire period of licensure. If a child foster residence setting that
was previously exempt from the licensing moratorium under this paragraph has its Family
First Prevention Services Act certification rescinded under section 245A.25, subdivision 9,
or if a family adult foster care home license is issued during this moratorium, and the license
holder changes the license holder's primary residence away from the physical location of
the foster care license, the commissioner shall revoke the license according to section
245A.07. The commissioner shall not issue an initial license for a community residential
setting licensed under chapter 245D. When approving an exception under this paragraph,
the commissioner shall consider the resource need determination process in paragraph (h),
the availability of foster care licensed beds in the geographic area in which the licensee
seeks to operate, the results of a person's choices during their annual assessment and service
plan review, and the recommendation of the local county board. The determination by the
commissioner is final and not subject to appeal. Exceptions to the moratorium include:
(1) a license for a person in a foster care setting that is not the primary residence of the
license holder and where at least 80 percent of the residents are 55 years of age or older;
deleted text begin
(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end new foster care licenses or community residential setting licenses determined to
be needed by the commissioner under paragraph (b) for the closure of a nursing facility,
ICF/DD, or regional treatment center; restructuring of state-operated services that limits
the capacity of state-operated facilities; or allowing movement to the community for people
who no longer require the level of care provided in state-operated facilities as provided
under section 256B.092, subdivision 13, or 256B.49, subdivision 24;new text begin or
new text end
deleted text begin (4)deleted text end new text begin (3)new text end new foster care licenses or community residential setting licenses determined to
be needed by the commissioner under paragraph (b) for persons requiring hospital-level
caredeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(5) new community residential setting licenses determined necessary by the commissioner
for people affected by the closure of homes with a capacity of five or six beds currently
licensed as supervised living facilities licensed under Minnesota Rules, chapter 4665, but
not designated as intermediate care facilities. This exception is available until June 30, 2025.
deleted text end
(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.
(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.
(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) must be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.
(e) A resource need determination process, managed at the state level, using the available
data required by section 144A.351, and other data and information must be used to determine
where the reduced capacity determined under section 256B.493 will be implemented. The
commissioner shall consult with the stakeholders described in section 144A.351, and employ
a variety of methods to improve the state's capacity to meet the informed decisions of those
people who want to move out of corporate foster care or community residential settings,
long-term service needs within budgetary limits, including seeking proposals from service
providers or lead agencies to change service type, capacity, or location to improve services,
increase the independence of residents, and better meet needs identified by the long-term
services and supports reports and statewide data and information.
(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.
(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.
(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493.
(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2025 Supplement, section 245D.091, subdivision 2, is amended
to read:
Subd. 2.
Positive support professional qualifications.
A positive support professional
providing positive support services as identified in section 245D.03, subdivision 1, paragraph
(c), clause (1), item (i), must have competencies in the following areas as required under
the brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:
(1) ethical considerations;
(2) functional assessment;
(3) functional analysis;
(4) measurement of behavior and interpretation of data;
(5) selecting intervention outcomes and strategies;
(6) behavior reduction and elimination strategies that promote least restrictive approved
alternatives;
(7) data collection;
(8) staff and caregiver training;
(9) support plan monitoring;
(10) co-occurring mental disorders or neurocognitive disorder;
(11) demonstrated expertise with populations being served; and
(12) must be a:
(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board
of Psychology competencies in the above identified areas;
(ii) clinical social worker licensed as an independent clinical social worker under chapter
148E, or a person with a master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's supervised experience in the delivery
of clinical services in the areas identified in clauses (1) to (11);
(iii) physician licensed under chapter 147 and certified by the American Board of
Psychiatry and Neurology or eligible for board certification in psychiatry with competencies
in the areas identified in clauses (1) to (11);
(iv) licensed professional clinical counselor licensed under sections deleted text begin 148B.29 to 148B.39deleted text end new text begin
148B.5301 and 148B.532new text end with at least 4,000 hours of post-master's supervised experience
in the delivery of clinical services who has demonstrated competencies in the areas identified
in clauses (1) to (11);
(v) person with a master's degree from an accredited college or university in one of the
behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services with demonstrated competencies in the areas
identified in clauses (1) to (11);
(vi) person with a master's degree or PhD in one of the behavioral sciences or related
fields with demonstrated expertise in positive support services, as determined by the person's
needs as outlined in the person's assessment summary;
(vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
mental health nursing by a national nurse certification organization, or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services; or
(viii) person who has completed a competency-based training program as determined
by the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2025 Supplement, section 245D.091, subdivision 3, is amended
to read:
Subd. 3.
Positive support analyst qualifications.
(a) A positive support analyst providing
positive support services as identified in section 245D.03, subdivision 1, paragraph (c),
clause (1), item (i), must satisfy one of the following requirements as required under the
brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:
(1) have obtained a baccalaureate degree, master's degree, or PhD in either a social
services discipline or nursing;
(2) meet the qualifications of a mental health practitioner as defined in section 245.462,
subdivision 17;
(3) be a deleted text begin board-certifieddeleted text end new text begin licensed new text end behavior analyst or new text begin a new text end board-certified assistant behavior
analyst new text begin certified new text end by the Behavior Analyst Certification Board, Incorporated; or
(4) have completed a competency-based training program as determined by the
commissioner.
(b) In addition, a positive support analyst must:
(1) either have two years of supervised experience conducting functional behavior
assessments and designing, implementing, and evaluating effectiveness of positive practices
behavior support strategies for people who exhibit challenging behaviors as well as
co-occurring mental disorders and neurocognitive disorder, or for those who have obtained
a baccalaureate degree in one of the behavioral sciences or related fields, demonstrated
expertise in positive support services;
(2) have received training prior to hire or within 90 calendar days of hire that includes:
(i) ten hours of instruction in functional assessment and functional analysis;
(ii) 20 hours of instruction in the understanding of the function of behavior;
(iii) ten hours of instruction on design of positive practices behavior support strategies;
(iv) 20 hours of instruction preparing written intervention strategies, designing data
collection protocols, training other staff to implement positive practice strategies,
summarizing and reporting program evaluation data, analyzing program evaluation data to
identify design flaws in behavioral interventions or failures in implementation fidelity, and
recommending enhancements based on evaluation data; and
(v) eight hours of instruction on principles of person-centered thinking;
(3) be determined by a positive support professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior reduction approved
and permitted intervention to the person who receives positive support; and
(4) be under the direct supervision of a positive support professional.
(c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraph (b).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision
to read:
new text begin Subd. 77. new text end
new text begin Early intensive developmental and behavioral intervention benefit. new text end
new text begin
Medical
assistance covers early intensive developmental and behavioral intervention services
according to section 256B.0949.
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. 5.
Minnesota Statutes 2025 Supplement, section 256B.0911, subdivision 13, is
amended to read:
Subd. 13.
MnCHOICES assessor qualifications, training, and certification.
(a) The
commissioner shall develop and implement a curriculum and an assessor certification
process.
(b) MnCHOICES certified assessors must have received training and certification specific
to assessment and consultation for long-term care services in the state and either:
(1) have at least an associate's degree in human services, or other closely related field;
(2) have at least an associate's degree in nursing with a public health nursing certificate,
or other closely related field; or
(3) be a registered nurse.
(c) Certified assessors shall demonstrate best practices in assessment and support
planning, including person-centered planning principles, and have a common set of skills
that ensures consistency and equitable access to services statewide.
(d) Certified assessors must be recertified every three years.
new text begin
(e) A Tribal Nation may establish the Tribal Nation's own education and experience
qualifications for certified assessors.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end
Sec. 6.
Minnesota Statutes 2024, section 256B.0911, subdivision 32, is amended to read:
Subd. 32.
Administrative activity.
(a) The commissioner shall:
(1) streamline the processes, including timelines for when assessments need to be
completed;
(2) provide the services in this section; and
(3) implement integrated solutions to automate the business processes to the extent
necessary for support plan approval, reimbursement, program planning, evaluation, and
policy development.
(b) The commissioner shall work with lead agencies responsible for conducting long-term
care consultation services todeleted text begin :
deleted text end
deleted text begin (1)deleted text end modify the MnCHOICES application and assessment policies to create efficiencies
while ensuring federal compliance with medical assistance and long-term services and
supports eligibility criteriadeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) develop a set of measurable benchmarks sufficient to demonstrate quarterly
improvement in the average time per assessment and other mutually agreed upon measures
of increasing efficiency.
deleted text end
deleted text begin
(c) The commissioner shall collect data on the benchmarks developed under paragraph
(b) and provide to the lead agencies an annual trend analysis of the data in order to
demonstrate the commissioner's compliance with the requirements of this subdivision.
deleted 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. 7.
Minnesota Statutes 2024, section 256B.0924, subdivision 3, is amended to read:
Subd. 3.
Eligibility.
Persons are eligible to receive targeted case management services
under this section if the requirements in paragraphs (a) and (b) are met.
(a) The person must be assessed and determined by the local county new text begin or Tribal new text end agency
to:
(1) be age 18 or older;
(2) be receiving medical assistance;
(3) have significant functional limitations; and
(4) be in need of service coordination to attain or maintain living in an integrated
community setting.
(b) new text begin Except as permitted under paragraph (c), new text end the person must benew text begin : (i)new text end a vulnerable adult
in need of adult protection as defined in section 626.5572deleted text begin , or isdeleted text end new text begin ; (ii)new text end an adult with a
developmental disability as defined in section 252A.02, subdivision 2deleted text begin , ordeleted text end new text begin ; (iii) an adult withnew text end
a related condition as defined in section 256B.02, subdivision 11, deleted text begin anddeleted text end new text begin whonew text end is not receiving
home and community-based waiver servicesdeleted text begin ,deleted text end new text begin ;new text end or deleted text begin isdeleted text end new text begin (iv)new text end an adult who lacks a permanent
residence and who has been without a permanent residence for at least one year or on at
least four occasions in the last three years.
new text begin
(c) Tribal agencies may make a determination of eligibility under Tribal governance
codes for adult protection or policy procedures consistent with section 626.5572 when
determining whether a person is a vulnerable adult in need of adult protection or an adult
with developmental disabilities or a related condition.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end
Sec. 8.
Minnesota Statutes 2024, section 256B.0924, subdivision 5, is amended to read:
Subd. 5.
Provider standards.
County boards deleted text begin ordeleted text end new text begin ,new text end providers who contract with the countynew text begin ,
or Tribal government contracted providersnew text end are eligible to receive medical assistance
reimbursement for adult targeted case management services. To qualify as a provider of
targeted case management services the vendor must:
(1) have demonstrated the capacity and experience to provide the activities of case
management services defined in subdivision 4;
(2) be able to coordinate and link community resources needed by the recipient;
(3) have the administrative capacity and experience to serve the eligible population in
providing services and to ensure quality of services under state and federal requirements;
(4) have a financial management system that provides accurate documentation of services
and costs under state and federal requirements;
(5) have the capacity to document and maintain individual case records complying with
state and federal requirements;
(6) coordinate with county social deleted text begin servicedeleted text end new text begin services or Tribal human servicesnew text end agencies
responsible for planning for community social services under chapters 256E and 256F;
conducting adult protective investigations under section 626.557, and conducting prepetition
screenings for commitments under section 253B.07;
(7) coordinate with health care providers to ensure access to necessary health care
services;
(8) have a procedure in place that notifies the recipient and the recipient's legal
representative of any conflict of interest if the contracted targeted case management service
provider also provides the recipient's services and supports and provides information on all
potential conflicts of interest and obtains the recipient's informed consent and provides the
recipient with alternatives; and
(9) have demonstrated the capacity to achieve the following performance outcomes:
access, quality, and consumer satisfaction.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end
Sec. 9.
Minnesota Statutes 2024, section 256B.0924, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Tribal case manager qualifications. new text end
new text begin
An individual is authorized to serve as
a vulnerable adult and developmental disability targeted case manager if the individual is
certified by a federally recognized Tribal government in Minnesota pursuant to section
256B.02, subdivision 7, paragraph (c).
new text end
Sec. 10.
Minnesota Statutes 2025 Supplement, section 256B.0924, subdivision 6, is
amended to read:
Subd. 6.
Payment for targeted case management.
(a) Medical assistance and
MinnesotaCare payment for targeted case management shall be made on a monthly basis.
In order to receive payment for an eligible adult, the provider must document at least one
contact per month and not more than two consecutive months without a face-to-face contact
either in person or by interactive video that meets the requirements in section 256B.0625,
subdivision 20b, with the adult or the adult's legal representative, family, primary caregiver,
or other relevant persons identified as necessary to the development or implementation of
the goals of the personal service plan.
(b) Except as provided under paragraph (m), payment for targeted case management
provided by county staff under this subdivision shall be based on the monthly rate
methodology under section 256B.094, subdivision 6, paragraph (b), calculated as one
combined average rate together with adult mental health case management under section
256B.0625, subdivision 20deleted text begin , except for calendar year 2002deleted text end . deleted text begin In calendar year 2002, the rate
for case management under this section shall be the same as the rate for adult mental health
case management in effect as of December 31, 2001.deleted text end Billing and payment must identify the
recipient's primary population group to allow tracking of revenues.
(c) Payment for targeted case management provided by county-contracted vendors shall
be based on a monthly rate calculated in accordance with section 256B.076, subdivision 2.
new text begin Payment for case management provided by vendors who contract with a Tribe must be made
in accordance with Indian health service facility requirements. If a Tribe chooses to contract
with a vendor receiving payment not through an Indian health service facility, the rate must
be based on a monthly rate negotiated by the Tribe. new text end The rate must not exceed the rate charged
by the vendor for the same service to other payers. If the service is provided by a team of
contracted vendors, the team shall determine how to distribute the rate among its members.
No reimbursement received by contracted vendors shall be returned to the countynew text begin or Tribenew text end ,
except to reimburse the county new text begin or Tribe new text end for advance funding provided by the county new text begin or
Tribe new text end to the vendor.
(d) If the service is provided by a team that includes new text begin any combination of new text end contracted
vendors deleted text begin anddeleted text end new text begin ,new text end county new text begin staff, and Tribal new text end staff, the costs for county staff participation on the
team shall be included in the rate for county-provided services. In this case, the contracted
vendor and the countynew text begin and Tribal case managersnew text end may each receive separate payment for
services provided by each entity in the same month. In order to prevent duplication of
services, deleted text begin the countydeleted text end new text begin each entitynew text end must documentdeleted text begin , in the recipient's file,deleted text end the need for team
targeted case management and a description of the different roles of deleted text begin the team membersdeleted text end new text begin staffnew text end .
(e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for
targeted case management shall be provided by the recipient's county of responsibility, as
defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds
used to match other federal funds.new text begin If the service is provided by a Tribal agency, the recipient's
Tribe must provide the nonfederal share of costs, if any.
new text end
(f) The commissioner may suspend, reduce, or terminate reimbursement to a provider
that does not meet the reporting or other requirements of this section. The county of
responsibility, as defined in sections 256G.01 to 256G.12, new text begin or Tribe when applicable, new text end is
responsible for any federal disallowances. The county may share this responsibility with
its contracted vendors.
(g) The commissioner shall set aside five percent of the federal funds received under
this section for use in reimbursing the state for costs of developing and implementing this
section.
(h) Payments to counties new text begin and Tribes new text end for targeted case management expenditures under
this section shall only be made from federal earnings from services provided under this
section. Payments to contracted vendors shall include both the federal earnings and the
county share.
(i) Notwithstanding section 256B.041, county new text begin or Tribal new text end payments for the cost of case
management services provided by county new text begin or Tribal new text end staff shall not be made to the
commissioner of management and budget. For the purposes of targeted case management
services provided by county new text begin or Tribal new text end staff under this section, the centralized disbursement
of payments to counties new text begin or Tribes new text end under section 256B.041 consists only of federal earnings
from services provided under this section.
(j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital,
and the recipient's institutional care is paid by medical assistance, payment for targeted case
management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the recipient's residency in that facility; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(k) Payment for targeted case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.
(l) Any growth in targeted case management services and cost increases under this
section shall be the responsibility of the countiesnew text begin or Tribesnew text end .
(m) The commissioner may make payments for Tribes according to section 256B.0625,
subdivision 34, or other relevant federally approved rate setting methodologies for vulnerable
adult and developmental disability targeted case management provided by Indian health
services and facilities operated by a Tribe or Tribal organization.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end
Sec. 11.
Minnesota Statutes 2024, section 256B.0924, subdivision 7, is amended to read:
Subd. 7.
Implementation and evaluation.
The commissioner of human services in
consultation with county boards new text begin and Tribal Nations new text end shall establish a program to accomplish
the provisions of subdivisions 1 to 6. The commissioner in consultation with county boards
new text begin and Tribal Nations new text end shall establish performance measures to evaluate the effectiveness of
the targeted case management services. If a county new text begin or Tribe new text end fails to meet agreed-upon
performance measures, the commissioner may authorize contracted providers other than
the countynew text begin or Tribenew text end . Providers contracted by the commissioner shall also be subject to the
standards in subdivision 6.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 2, is
amended to read:
Subd. 2.
Definitions.
(a) The terms used in this section have the meanings given in this
subdivision.
(b) "Advanced certification" means a person who has completed advanced certification
in an approved modality under subdivision 13, paragraph (b).
(c) "Agency" means the legal entity that is enrolled with Minnesota health care programs
as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide
EIDBI services and that has the legal responsibility to ensure that its employees carry out
the responsibilities defined in this section. Agency includes a licensed individual professional
who practices independently and acts as an agency.
(d) "Autism spectrum disorder or a related condition" or "ASD or a related condition"
means either autism spectrum disorder (ASD) as defined in the current version of the
Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found
to be closely related to ASD, as identified under the current version of the DSM, and meets
all of the following criteria:
(1) is severe and chronic;
(2) results in impairment of adaptive behavior and function similar to that of a person
with ASD;
(3) requires treatment or services similar to those required for a person with ASD; and
(4) results in substantial functional limitations in three core developmental deficits of
ASD: social or interpersonal interaction; functional communication, including nonverbal
or social communication; and restrictive or repetitive behaviors or hyperreactivity or
hyporeactivity to sensory input; and may include deficits or a high level of support in one
or more of the following domains:
(i) behavioral challenges and self-regulation;
(ii) cognition;
(iii) learning and play;
(iv) self-care; or
(v) safety.
(e) "Behavior analyst" means an individual licensed under sections 148.9981 to 148.9995
as a behavior analyst.
(f) "Clinical supervision" means the overall responsibility for the control and direction
of EIDBI service delivery, including deleted text begin individual treatment planning,deleted text end staff supervision,new text begin
including observation and direction;new text end individual treatment plannew text begin development andnew text end progress
monitoringdeleted text begin ,deleted text end new text begin ; family training and counseling;new text end and deleted text begin treatment reviewdeleted text end new text begin coordinated care
conference coordinationnew text end for each person. Clinical supervision is provided by a qualified
supervising professional (QSP) who takes full professional responsibility for the service
provided by each supervisee and the clinical effectiveness of all interventions.
(g) "Commissioner" means the commissioner of human services, unless otherwise
specified.
(h) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive
evaluation of a person to determine medical necessity for EIDBI services based on the
requirements in subdivision 5.
(i) "Department" means the Department of Human Services, unless otherwise specified.
(j) "Early intensive developmental and behavioral intervention benefit" or "EIDBI
benefit" means a variety of individualized, intensive treatment modalities approved and
published by the commissioner that are based in behavioral and developmental science
consistent with best practices on effectiveness.
(k) "Employee of an agency" or "employee" means any individual who is employed
temporarily, part time, or full time by the agency that is submitting claims or billing for the
work, services, supervision, or treatment performed by the individual. Employee does not
include an independent contractor, billing agency, or consultant who is not providing EIDBI
services. Employee does not include an individual who performs work, provides services,
supervises, or provides treatment for less than 80 hours in a 12-month period.
(l) "Generalizable goals" means results or gains that are observed during a variety of
activities over time with different people, such as providers, family members, other adults,
and people, and in different environments including, but not limited to, clinics, homes,
schools, and the community.
(m) "Incident" means when any of the following occur:
(1) an illness, accident, or injury that requires first aid treatment;
(2) a bump or blow to the head; or
(3) an unusual or unexpected event that jeopardizes the safety of a person or staff,
including a person leaving the agency unattended.
(n) "Individual treatment plan" or "ITP" means the person-centered, individualized
written plan of care that integrates and coordinates person and family information from the
CMDE for a person who meets medical necessity for the EIDBI benefit. An individual
treatment plan must meet the standards in subdivision 6.
(o) "Legal representative" means the parent of a child who is under 18 years of age, a
court-appointed guardian, or other representative with legal authority to make decisions
about service for a person. For the purpose of this subdivision, "other representative with
legal authority to make decisions" includes a health care agent or an attorney-in-fact
authorized through a health care directive or power of attorney.
(p) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.
(q) "Person" means an individual under 21 years of age.
(r) "Person-centered" means a service that both responds to the identified needs, interests,
values, preferences, and desired outcomes of the person or the person's legal representative
and respects the person's history, dignity, and cultural background and allows inclusion and
participation in the person's community.
(s) "Qualified EIDBI provider" means an individual who is a QSP or a level I, level II,
or level III treatment provider.
Sec. 13.
Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 16, is
amended to read:
Subd. 16.
Agency duties.
(a) An agency delivering an EIDBI service under this section
must:
(1) enroll as a medical assistance Minnesota health care program provider according to
Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all
applicable provider standards and requirements;
(2) designate an individual as the agency's compliance officer who must perform the
duties described in section 256B.04, subdivision 21, paragraph (g);
(3) demonstrate compliance with federal and state laws for the delivery of and billing
for EIDBI service;
(4) verify and maintain records of a service provided to the person or the person's legal
representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
(5) demonstrate that while enrolled or seeking enrollment as a Minnesota health care
program provider the agency did not have a lead agency contract or provider agreement
discontinued because of a conviction of fraud; or did not have an owner, board member, or
manager fail a state or federal criminal background check or appear on the list of excluded
individuals or entities maintained by the federal Department of Human Services Office of
Inspector General;
(6) have established business practices including written policies and procedures, internal
controls, and a system that demonstrates the organization's ability to deliver quality EIDBI
services, appropriately submit claims, conduct required staff training, document staff
qualifications, document service activities, and document service quality;
(7) have an office located in Minnesota or a border state;
(8) initiate a background study as required under subdivision 16a;
(9) report maltreatment according to section 626.557 and chapter 260E;
(10) comply with any data requests consistent with the Minnesota Government Data
Practices Act, sections 256B.064 and 256B.27;
(11) provide training for all agency staff on the requirements and responsibilities listed
in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection Act,
section 626.557, including mandated and voluntary reporting, nonretaliation, and the agency's
policy for all staff on how to report suspected abuse and neglect;
(12) have a written policy to resolve issues collaboratively with the person and the
person's legal representative when possible. The policy must include a timeline for when
the person and the person's legal representative will be notified about issues that arise in
the provision of services;
(13) provide the person's legal representative with prompt notification if the person is
injured while being served by the agency. An incident report must be completed by the
agency staff member in charge of the person. A copy of all incident and injury reports must
remain on file at the agency for at least five years from the report of the incident;
(14) before starting a service, provide the person or the person's legal representative a
description of the treatment modality that the person shall receive, including the staffing
certification levels and training of the staff who shall provide a treatment;
(15) provide clinical supervision for a minimum of one hour for every 16 hours of direct
treatment per person, unless otherwise authorized in the person's individual treatment plan;
and
(16) provide new text begin the new text end required EIDBI intervention observation and direction new text begin by a QSP or
Level I provider new text end at least once per month. Notwithstanding subdivision 13, paragraph (l),
required EIDBI intervention observation and direction under this clause may be conducted
via telehealth provided that no more than two consecutive monthly required EIDBI
intervention observation and direction sessions under this clause are conducted via telehealth.
(b) Upon request of the commissioner, an agency delivering services under this section
must:
(1) identify the agency's controlling individuals, as defined under section 245A.02,
subdivision 5a;
(2) provide disclosures of the use of billing agencies and other consultants who do not
provide EIDBI services; and
(3) provide copies of any contracts with consultants or independent contractors who do
not provide EIDBI services, including hours contracted and responsibilities.
(c) When delivering the ITP, and annually thereafter, an agency must provide the person
or the person's legal representative with:
(1) a written copy and a verbal explanation of the person's or person's legal
representative's rights and the agency's responsibilities;
(2) documentation in the person's file the date that the person or the person's legal
representative received a copy and explanation of the person's or person's legal
representative's rights and the agency's responsibilities; and
(3) reasonable accommodations to provide the information in another format or language
as needed to facilitate understanding of the person's or person's legal representative's rights
and the agency's responsibilities.
Sec. 14.
Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision
to read:
new text begin Subd. 19. new text end
new text begin Documentation requirements. new text end
new text begin
(a) CMDE and EIDBI providers must ensure
that all documentation, including but not limited to health service records and personnel
files, complies with this subdivision, subdivision 16, and Minnesota Rules, parts 9505.2175
and 9505.2197. Documentation must be complete, legible, accurate, and readily accessible.
new text end
new text begin
(b) All documentation must:
new text end
new text begin
(1) be legible and understandable to individuals outside service delivery;
new text end
new text begin
(2) include the participant's name on each health record page and the provider's name
on each personnel file page;
new text end
new text begin
(3) be signed and dated by the provider completing the documentation, with the provider's
full name, title, and credentials;
new text end
new text begin
(4) be entered within 72 hours of service, and contain a record and explanation of any
delays in entry;
new text end
new text begin
(5) clearly reflect clinical decision-making and support medical necessity;
new text end
new text begin
(6) be securely stored in accordance with the Health Insurance Portability and
Accountability Act (HIPAA), Public Law 104-191;
new text end
new text begin
(7) be stored in accordance with state and federal document retention laws;
new text end
new text begin
(8) be available for review or audit;
new text end
new text begin
(9) include a record of caregiver involvement where applicable; and
new text end
new text begin
(10) include a record of supervision and oversight for staff providing services requiring
supervision under EIDBI policy.
new text end
new text begin
(c) Each EIDBI service occurrence must be documented in a progress note in a manner
and with the information determined by the commissioner.
new text end
new text begin
(d) All providers must maintain current personnel records for each employee in a manner
determined by the commissioner that include:
new text end
new text begin
(1) the employee's name, contact information, and hire date;
new text end
new text begin
(2) the employee's completed employment application and acknowledgment of duties;
new text end
new text begin
(3) the job description for the employee's job with the effective date;
new text end
new text begin
(4) verification of the employee's qualifications, including but not limited to education,
licenses, certifications, enrollment attestation, degrees, transcripts, and experience;
new text end
new text begin
(5) a background check pursuant to chapter 245C;
new text end
new text begin
(6) orientation and required training the employee attended, including but not limited
to training on mandated reporting, cultural responsiveness, and EIDBI competencies;
new text end
new text begin
(7) the dates of the employee's first supervised and unsupervised client contact following
employment;
new text end
new text begin
(8) documentation of supervision received by the employee, including but not limited
to the supervisor's name and credentials, dates of supervision, and supervision content;
new text end
new text begin
(9) the employee's CPR and emergency response training, if required; and
new text end
new text begin
(10) the employee's annual performance evaluations.
new text end
Sec. 15.
Minnesota Statutes 2024, section 256B.4905, subdivision 2a, is amended to read:
Subd. 2a.
Informed choice policy.
(a) It is the policy of this state that all adults who
have disabilities and, with support from their families or legal representatives, that all
children who have disabilities:
(1) may make informed choices to select and utilize disability services and supports;
and
(2) are offered an informed decision-making process sufficient to make informed choices.
(b) It is the policy of this state that disability waivers services support the presumption
that adults who have disabilities and, with support from their families or legal representatives,
all children who have disabilities may make informed choices; and that all adults who have
disabilities and all families of children who have disabilities and are accessing waiver
services under sections 256B.092 and 256B.49 are provided an informed decision-making
process that satisfies the requirements of subdivision 3a.
new text begin
(c) Lead agencies must support individuals in making informed choices by:
new text end
new text begin
(1) providing complete and accurate information about available home and
community-based services and settings;
new text end
new text begin
(2) providing the information in a manner that is culturally and linguistically appropriate;
and
new text end
new text begin
(3) facilitating access to services that reflect the individual's preferences and assessed
needs.
new text end
new text begin
(d) For individuals who are members of or affiliated with a federally recognized Tribal
Nation located within Minnesota, informed choice includes the right to receive services
administered or provided by the individual's Tribal Nation. Lead agencies must:
new text end
new text begin
(1) inform individuals of services offered by Tribal Nations enrolled as Minnesota health
care providers;
new text end
new text begin
(2) directly coordinate with the individual's Tribal Nation human services agency when
the individual seeks or may be eligible for services administered or provided by that Tribal
Nation; and
new text end
new text begin
(3) ensure that service planning and delivery respects the individual's rights as both a
member of a sovereign Tribal Nation and a resident of Minnesota.
new text end
new text begin
(e) County lead agencies and Tribal Nation human services agencies must establish and
maintain procedures to share updated contact information, coordinate case management,
and provide timely referrals necessary to ensure that informed choice is fully exercised.
new text end
new text begin
(f) Nothing in this section limits the sovereignty of Tribal Nations or the authority of
Tribal governments to administer home and community-based services to their members.
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. 16.
Minnesota Statutes 2025 Supplement, 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 community partners
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. new text begin The
commissioner may review report submissions for inaccurate, inconclusive, incomplete, or
otherwise deficient data and may remove the report from submitted status for further
verification. new text end 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 new text begin and reviewed for compliance
new text end by the commissioner.
(c) The commissioner shall conduct a random validation of data submitted under
paragraph (a) to ensure data accuracy.new text begin Providers selected to validate cost reports must
respond to the commissioner within 30 days with the requested financial documentation. If
a provider fails to respond to the commissioner with all the requested information within
30 days, the commissioner must temporarily suspend payments. The commissioner must
resume payments once the requested documentation is received. If a provider is unable to
validate the provider's costs with supporting documentation, the commissioner must require
the provider to participate in the random validation the next year that the commissioner
selects providers to report their costs.new text end 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) Beginning January 1, 2029, 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 January 1, 2027.
new text end
Sec. 17.
Minnesota Statutes 2024, section 256B.5012, subdivision 21, is amended to read:
Subd. 21.
ICF/DD rate increases after January 1, 2025.
Beginning January 1, 2025,
and every year thereafter, the new text begin minimum daily operating new text end rates under this section must be
updated for the percentage change in the Consumer Price Index (CPI-U) from the previous
July 1 to the data available 12 months and one day prior.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2024, section 256B.851, subdivision 8, is amended to read:
Subd. 8.
Personal care provider agency; required reporting of cost data; training.
(a)
As determined by the commissioner and in consultation with stakeholders, agencies enrolled
to provide services with rates determined under this section must submit requested cost data
to the commissioner. The commissioner may request cost data, including but 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) staff vacancy rates; and
(11) other data relating to costs required to provide services requested by the
commissioner.
(b) At least once in any three-year period, a provider must submit the required cost data
for a fiscal year that ended not more than 18 months prior to the submission date. The
commissioner must provide each provider a 90-day notice prior to its submission due date.
new text begin The commissioner may review report submissions for inaccurate, inconclusive, incomplete,
or otherwise deficient data and may remove the report from submitted status for further
verification. new text end If a provider fails to submit required cost data, the commissioner must provide
notice to a provider that has not provided required cost data 30 days after the required
submission date and a second notice to a provider that has not provided required cost data
60 days after the required submission date. The commissioner must temporarily suspend
payments to a provider if the commissioner has not received required cost data 90 days after
the required submission date. The commissioner must make withheld payments when the
required cost data is received new text begin and reviewed for compliance new text end by the commissioner.
(c) The commissioner must conduct a random validation of data submitted under this
subdivision to ensure data accuracy. new text begin A provider selected to validate the provider's cost
reports must respond to the commissioner within 30 days with the requested financial
documentation. If a provider fails to respond to the commissioner with the requested
information within 30 days, the commissioner must temporarily suspend payments. The
commissioner must resume payments once the requested documentation is received. If a
provider is unable to validate the provider's costs with supporting documentation, the
commissioner must require the provider to participate in the random validation the next
year that the commissioner selects providers to report their costs. new text end The commissioner shall
analyze cost documentation in paragraph (a) and provide recommendations for adjustments
to cost components.
(d) The commissioner, in consultation with stakeholders, must develop and implement
a process for providing training and technical assistance necessary to support provider
submission of cost data required under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 19.
Minnesota Statutes 2024, section 256S.21, subdivision 3, is amended to read:
Subd. 3.
Cost reporting.
(a) As determined by the commissioner, in consultation with
stakeholders, a provider enrolled to provide services with rates determined under this chapter
must submit requested cost data to the commissioner to support evaluation of the rate
methodologies in this chapter. Requested cost data may include but are 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 new text begin the required new text end cost data
for a fiscal year that ended not more than 18 months prior to the submission date. The
commissioner deleted text begin shalldeleted text end new text begin mustnew text end provide each provider a 90-day notice prior to the provider's
submission due date. new text begin The commissioner may review report submissions for inaccurate,
inconclusive, incomplete, or otherwise deficient data and may remove the report from
submitted status for further verification. new text end If by 30 days after the required submission date a
provider fails to submit required reporting data, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end provide notice
to the providerdeleted text begin , anddeleted text end new text begin .new text end If by 60 days after the required submission date a provider has not
provided the required data, the commissioner deleted text begin shalldeleted text end new text begin must new text end provide a second notice. The
commissioner deleted text begin shalldeleted text end new text begin mustnew text end temporarily suspend payments to deleted text begin thedeleted text end new text begin anew text end provider if new text begin the commissioner
has not received the required new text end cost data deleted text begin is not receiveddeleted text end 90 days after the required submission
datenew text begin or 90 days after the Department of Human Services requests updated datanew text end . new text begin The
commissioner must make new text end withheld payments deleted text begin must be made once data is receiveddeleted text end new text begin when the
required cost data is received and reviewed for compliancenew text end by the commissioner.
(c) The commissioner shall coordinate the cost reporting activities required under this
section with the cost reporting activities directed under section 256B.4914, subdivision 10a.
(d) The commissioner shall analyze cost documentation in paragraph (a) and, in
consultation with stakeholders, may submit recommendations on rate methodologies in this
chapter, including ways to monitor and enforce the spending requirements directed in section
deleted text begin 256S.2101, subdivision 3,deleted text end new text begin 256S.211, subdivision 4,new text end through the reports directed by
subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 20.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Adult protective services. new text end
new text begin
Adult protective services must receive referrals
from the common entry point and carry out lead investigative agency duties to investigate
for a determination of responsibility for maltreatment. When the county social services
agency is the lead investigative agency, or when the Department of Human Services or
Department of Health in the role of the lead investigative agency request adult protective
services, adult protective services must conduct assessments, develop services plans, and
implement interventions to safeguard adults who are vulnerable and suspected of experiencing
maltreatment. Adult protective services must conclude services following final determination
of maltreatment and the adult is assessed as safe. The Department of Human Services is the
state agency responsible for supervision of adult protective services administered by county
social services agencies.
new text end
Sec. 21.
Minnesota Statutes 2024, section 626.557, subdivision 9, is amended to read:
Subd. 9.
Common entry point designation.
(a) The commissioner of human services
shall establish a common entry point. The common entry point is the unit responsible for
receiving the report of suspected maltreatment under this section.
(b) The common entry point must be available 24 hours per day to deleted text begin take callsdeleted text end new text begin accept
reports new text end from reporters of suspected maltreatmentnew text begin and make required referrals for suspected
maltreatment of a vulnerable adultnew text end . The common entry point shall use a standard intake
form that includes:
(1) the time and date of the report;
(2) the name, relationship, and identifying and contact information for the person believed
to be a vulnerable adult and the individual or facility alleged responsible for maltreatment;
(3) the name, relationship, and contact information for the:
(i) reporter;
(ii) initial reporter, witnesses, and persons who may have knowledge about the
maltreatment; and
(iii) legal surrogate and persons who may provide support to the vulnerable adult;
(4) the basis of vulnerability for the vulnerable adult;
(5) the time, date, and location of the incident;
(6) the immediate safety risk to the vulnerable adult;
(7) a description of the suspected maltreatment;
(8) the impact of the suspected maltreatment on the vulnerable adult;
(9) whether a facility was involved and, if so, which agency licenses the facility;
(10) the actions taken to protect the vulnerable adult;
(11) the required notifications and referrals made by the common entry point; and
(12) whether the reporter wishes to receive notification of the disposition.
(c) The common entry point is not required to complete each item on the form prior to
dispatching the report to the appropriate lead investigative agency.
(d) The common entry point shall immediately report to a law enforcement agency any
incident in which there is reason to believe a crime has been committed.
(e) If a report is initially made to a law enforcement agency or a lead investigative agency,
those agencies shall take the report on the appropriate common entry point intake forms
and immediately forward a copy to the common entry point.
(f) The common entry point staff must receive training on how to screen and dispatch
reports efficiently and in accordance with this section.
(g) The commissioner of human services shall maintain a centralized database for the
collection of common entry point data, lead investigative agency data including maltreatment
report disposition, and appeals data. The common entry point shall have access to the
centralized database and must log the reports into the database.
(h) When appropriate, the common entry point staff must refer calls that do not allege
the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might
resolve the reporter's concerns.
(i) A common entry point must be operated in a manner that enables the commissioner
of human services to:
(1) track critical steps in the reporting, evaluation, referral, response, disposition, and
investigative process to ensure compliance with all requirements for all reports;
(2) maintain data to facilitate the production of aggregate statistical reports for monitoring
patterns of abuse, neglect, or exploitation;
(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect, or
exploitation;
(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and
(5) track and manage consumer complaints related to the common entry point.
(j) The commissioners of human services and health shall collaborate on the creation of
a system for referring reports to the lead investigative agencies. This system shall enable
the commissioner of human services to track critical steps in the reporting, evaluation,
referral, response, disposition, investigation, notification, determination, and appeal processes.
Sec. 22.
Minnesota Statutes 2024, section 626.557, subdivision 9a, is amended to read:
Subd. 9a.
Evaluation and referral of reports made to common entry point.
(a) The
common entry point must screen the reports of alleged or suspected maltreatment for
immediate risk and make all necessary referrals deleted text begin as followsdeleted text end new text begin using the referral guidelines
established by the commissioner and the followingnew text end :
(1) if the common entry point determines that there is an immediate need for emergency
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;
(2) if the report contains suspected criminal activity against a vulnerable adult, the
common entry point shall immediately notify the appropriate law enforcement agency;
(3) the common entry point shall refer all reports of alleged or suspected maltreatment
to the appropriate lead investigative agency as soon as possible, but in any event no longer
than two working days;
(4) if the report contains information about a suspicious death, the common entry point
shall immediately notify the appropriate law enforcement agencies, the local medical
examiner, and the ombudsman for mental health and developmental disabilities established
under section 245.92. Law enforcement agencies shall coordinate with the local medical
examiner and the ombudsman as provided by law; and
(5) for reports involving multiple locations or changing circumstances, the common
entry point shall determine the county agency responsible for emergency adult protective
services and the county responsible as the lead investigative agencydeleted text begin , using referral guidelines
established by the commissionerdeleted text end .
(b) If the lead investigative agency receiving a report believes the report was referred
by the common entry point in error, the lead investigative agency shall immediately notify
the common entry point of the error, including the basis for the lead investigative agency's
belief that the referral was made in error. The common entry point shall review the
information submitted by the lead investigative agency and immediately refer the report to
the appropriate lead investigative agencynew text begin using the referral guidelines established by the
commissionernew text end .
Sec. 23.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11b. new text end
new text begin County social services agency; responsibilities. new text end
new text begin
The county social services
agency is responsible for supervision of:
new text end
new text begin
(1) intake decisions for initial disposition of the report;
new text end
new text begin
(2) agency prioritization used to screen out an adult meeting eligibility for adult protective
services as vulnerable and maltreated;
new text end
new text begin
(3) safety, assessment, and services plans;
new text end
new text begin
(4) protective service interventions;
new text end
new text begin
(5) use of guardianship and other involuntary interventions;
new text end
new text begin
(6) final determination for maltreatment; and
new text end
new text begin
(7) case closure decisions.
new text end
Sec. 24.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11c. new text end
new text begin County social services agency; referrals. new text end
new text begin
(a) When the common entry point
refers a report to the county social services agency as the lead investigative agency or makes
a referral to the county social services agency for emergency adult protective services, or
when another lead investigative agency requests adult protective services from the county
social services agency for an adult referred to that lead investigative agency by the common
entry point, the county social services agency must use the data report system and
standardized decision and assessment tools provided by the commissioner of human services.
The information entered by the county social services agency into the data system and
standardized tools must be accessible to the Department of Human Services for the
department to meet federal requirements, evaluate consistent application of policy, review
quality of services and outcomes for adults, and meet requirements for background studies
and disqualification of individuals determined responsible for vulnerable adult maltreatment
under chapter 245C.
new text end
new text begin
(b) The county social services agency must screen the report using the standardized tools
provided by the commissioner to determine:
new text end
new text begin
(1) whether the referred adult meets adult protective services eligibility as potentially
vulnerable and maltreated under this section; and
new text end
new text begin
(2) the response time required to initiate adult protective services.
new text end
new text begin
(c) For reports referred by the common entry point for emergency adult protective
services, the county social services agency must immediately screen the report to determine
whether the adult should be accepted for emergency adult protective services. If the adult
is accepted for emergency adult protective services, the county social services agency must
immediately offer protective services to prevent further maltreatment and safeguard the
welfare of the vulnerable adult. Assessment of adults accepted by the county social services
agency for emergency protective services must be conducted in person by the agency or a
designee within 24 hours of the agency receiving the referral. When sexual or physical
abuse is suspected, the county social services agency must immediately arrange for and
make available to the vulnerable adult appropriate medical examination and services.
new text end
new text begin
(d) For reports referred by the common entry point to the county as lead investigative
agency, the county social services agency must screen the report and make an initial
determination within seven calendar days following receipt of the report from the common
entry point on whether the adult should be accepted for adult protective services.
new text end
new text begin
(e) For referrals made for adult protective services by the Department of Human Services
or the Department of Health in the applicable department's role as the lead investigative
agency responsible for reports made under this section, the county social services agency
must screen the report and determine within seven calendar days following receipt of referral
whether the adult should be accepted for adult protective services.
new text end
new text begin
(f) If an adult meets eligibility requirements but is not accepted for adult protective
services based on local agency prioritization, the agency must document the reason for the
screening decision in the standardized tool provided by the commissioner.
new text end
Sec. 25.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11d. new text end
new text begin County social services agency; assessments. new text end
new text begin
(a) For adults accepted into
adult protective services, the county social services agency must decide, prior to initiation
of assessment activities, if the agency must also conduct an investigation for final disposition
for responsibility of maltreatment in addition to the assessment for adult protective services.
new text end
new text begin
(b) The county social services agency must conduct assessments concurrently with
investigations when: (1) the county is both the lead investigative agency and responsible
for making a final determination of responsibility for maltreatment; or (2) another lead
investigative agency responsible for the final determination of maltreatment requests
assistance from the county social services agency.
new text end
new text begin
(c) The county social services agency must conduct an in-person assessment to initiate
adult protective services:
new text end
new text begin
(1) within 24 hours of accepting a referral for emergency protective services;
new text end
new text begin
(2) within 24 hours of making an initial disposition that the adult is in immediate need
of protection, unless an in-person response would endanger the safety of the adult; or
new text end
new text begin
(3) within 72 hours but in no instance later than seven calendar days from the first
business day after receiving the report for adults accepted for adult protective services.
new text end
new text begin
(d) The county social services agency must use the standardized decision, assessment,
and service planning tools provided by the commissioner with all vulnerable adults accepted
for adult protective services. The county social services agency must involve the vulnerable
adult in the assessment and service plan. The county social services agency must document
and update assessment and service plans consistent with significant changes in the vulnerable
adult's health and safety.
new text end
new text begin
(e) The county social services agency must notify the vulnerable adult and, if applicable,
the guardian or health care agent of the vulnerable adult of the results of the assessment and
service plan, including but not limited to recommendations for protective services intervention
to stop or prevent maltreatment and to protect the vulnerable adult's health, safety, and
comfort. When necessary to prevent further maltreatment or safeguard the vulnerable adult,
the county social services agency may share the results of the assessment with the vulnerable
adult's primary supports.
new text end
Sec. 26.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11e. new text end
new text begin County social services agency; investigations. new text end
new text begin
(a) The county social services
agency must investigate for a final disposition of responsibility for maltreatment for an
allegation of:
new text end
new text begin
(1) abuse;
new text end
new text begin
(2) financial abuse by a fiduciary;
new text end
new text begin
(3) financial exploitation involving a nonfiduciary that may be criminal or that involved
force, coercion, harassment, deception, fraud, undue influence, or a scam;
new text end
new text begin
(4) financial exploitation that involved another type of maltreatment;
new text end
new text begin
(5) caregiver neglect by a paid caregiver or personal care assistance provider under
chapter 256B;
new text end
new text begin
(6) caregiver neglect by an unpaid caregiver that resulted in intentional harm to the
vulnerable adult or involved another type of maltreatment; and
new text end
new text begin
(7) a situation for which the county social services agency finds that a determination of
responsibility of maltreatment may safeguard a vulnerable adult or prevent further
maltreatment.
new text end
new text begin
(b) The county social services agency must conduct an investigation for final disposition
of responsibility for maltreatment if the agency receives information during an assessment
that indicates the presence of any scenario listed in paragraph (a) or subdivision 11f.
new text end
Sec. 27.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11f. new text end
new text begin County social services agency; self-neglect. new text end
new text begin
(a) The county social services
agency may determine that an allegation that does not result in a determination of
responsibility for maltreatment is:
new text end
new text begin
(1) self-neglect;
new text end
new text begin
(2) neglect by an unpaid caregiver that did not result in intentional harm to the vulnerable
adult and did not involve another type of alleged maltreatment; or
new text end
new text begin
(3) financial exploitation by a nonfiduciary that is consistent with the choice of the adult
and not criminal or involving force, coercion, harassment, deception, fraud, undue influence,
a scam, or another type of alleged maltreatment.
new text end
new text begin
(b) An allegation of self-neglect is a substantiated determination if the county social
services agency determines that adult protective services are needed.
new text end
Sec. 28.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11g. new text end
new text begin County social services agency; initial contact. new text end
new text begin
(a) At the initial contact
with the vulnerable adult accepted by the county social services agency, the agency must
provide the vulnerable adult with information about the process for adult protective services
and the vulnerable adult's rights as an adult protective client.
new text end
new text begin
(b) At initial contact, the county social services agency must inform the individual or
entity alleged responsible for maltreatment of the allegation in a manner consistent with
requirements under this section to protect the identity of the reporter. The interview with
the individual or entity alleged responsible for maltreatment may be postponed at the request
of a law enforcement agency or if the interview may endanger the safety of the vulnerable
adult.
new text end
Sec. 29.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11h. new text end
new text begin County social services agency; agency authority. new text end
new text begin
(a) A county social
services agency may enter all facilities and business premises of a licensed provider to
inspect and copy records as part of an adult protective services assessment or investigation.
The licensed provider must provide the county social services agency access to not public
data as defined in section 13.02, subdivision 8a, and medical records under sections 144.291
to 144.298 that are maintained at the facilities and business premises to the extent that the
data and records are necessary to conduct the agency's investigation. The licensed provider
must provide the county social services agency access to all available sources of information
at the facilities and business premises, not only written records.
new text end
new text begin
(b) When necessary in order to protect a vulnerable adult from serious harm from
maltreatment, the county social services agency may seek any of the following protective
services interventions:
new text end
new text begin
(1) emergency protective services;
new text end
new text begin
(2) participation of law enforcement or emergency medical services;
new text end
new text begin
(3) authority from a court to remove an adult from the situation in which maltreatment
occurred;
new text end
new text begin
(4) a restraining order or court order for removal of the perpetrator from the residence
of the vulnerable adult pursuant to section 518.01;
new text end
new text begin
(5) a referral for a financial transaction hold under chapter 45A or a protective
arrangement under this chapter or chapter 524;
new text end
new text begin
(6) a referral for a representative payee;
new text end
new text begin
(7) a referral to the prosecuting attorney for possible criminal prosecution of the
perpetrator under chapter 609;
new text end
new text begin
(8) the appointment or replacement of a guardian or conservator pursuant to sections
524.5-101 to 524.5-502, or guardianship or conservatorship pursuant to chapter 252A when
maltreatment has been substantiated and when less restrictive interventions are not sufficient
to stop or reduce the risk of serious harm from maltreatment; and
new text end
new text begin
(9) other interventions recommended by a multidisciplinary team under this section.
new text end
new text begin
(c) The county social services agency may seek the protective services interventions
under paragraph (b) regardless of the vulnerable adult's voluntary or involuntary participation.
new text end
new text begin
(d) The county social services agency may offer voluntary service interventions to
support the vulnerable adult or primary supports to stop, reduce the risk for, or prevent
subsequent maltreatment.
new text end
Sec. 30.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11i. new text end
new text begin County social services agency; legal intervention. new text end
new text begin
(a) In proceedings under
sections 524.5-101 to 524.5-502, if a suitable relative or other person is not available to
petition for guardianship or conservatorship, a county employee must present the petition
with representation by the county attorney. The county must contract with or arrange for a
suitable person or organization to provide ongoing guardianship services. If the county
presents evidence to the court exercising probate jurisdiction that the county has made
diligent effort and no other suitable person can be found, a county employee may serve as
guardian or conservator.
new text end
new text begin
(b) The county must not retaliate against the employee for any action taken on behalf
of the person subject to guardianship or conservatorship, even if the action is adverse to the
county's interests. Any person retaliated against in violation of this subdivision shall have
a cause of action against the county and is entitled to reasonable attorney fees and costs of
the action if the action is upheld by the court.
new text end
new text begin
(c) The expenses of a legal intervention must be paid by the county in the case of indigent
persons under section 524.5-502 and chapter 563.
new text end
Sec. 31.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11j. new text end
new text begin County social services agency; conflict of interest. new text end
new text begin
(a) A county that
identifies a potential conflict of interest under paragraph (c) related to an investigation,
assessment, or protective services intervention must coordinate with another county social
services agency to delegate the initial county's authority as the lead investigative agency to
remediate the potential conflict. County social services agencies must cooperate and accept
jurisdiction when an initial county social services agency identifies a potential conflict of
interest and requests the other county's assistance.
new text end
new text begin
(b) The initial county must notify the commissioner of human services when no other
county is available to accept delegation of adult protective services duties. If the
commissioner is notified that no other county is available, the commissioner may use the
authority under subdivision 9a to determine the county social services agency responsible
as lead investigative agency and for adult protective services.
new text end
new text begin
(c) A county social services agency employee or designee must not have:
new text end
new text begin
(1) a personal or family relationship with a party in the investigation or assessment;
new text end
new text begin
(2) a dual relationship, as defined in Code of Federal Regulations, title 45, section
1324.401, with the vulnerable adult;
new text end
new text begin
(3) a personal financial interest or financial relationship with a provider receiving referrals
from the employee; or
new text end
new text begin
(4) any other appearance of conflict of interest as determined by the county social services
agency.
new text end
Sec. 32.
Minnesota Statutes 2024, section 626.557, subdivision 12b, is amended to read:
Subd. 12b.
Data management.
(a) In performing any of the duties of this section as a
lead investigative agency, the county social deleted text begin servicedeleted text end new text begin servicesnew text end agency shall maintain appropriate
records. Data collected by the county social deleted text begin servicedeleted text end new text begin servicesnew text end agency under this section while
providing adult protective services are welfare data under section 13.46. Investigative data
collected under this section are confidential data on individuals or protected nonpublic data
as defined under section 13.02. Notwithstanding section 13.46, subdivision 1, paragraph
(a), data under this paragraph that are inactive investigative data on an individual who is a
vendor of services are private data on individuals, as defined in section 13.02. The identity
of the reporter may only be disclosed as provided in paragraph (c).
Data maintained by the common entry point are confidential data on individuals or
protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, the
common entry point shall maintain data for three calendar years after date of receipt and
then destroy the data unless otherwise directed by federal requirements.
(b) The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section. County
social deleted text begin servicedeleted text end new text begin servicesnew text end agencies must maintain private data on individuals but are not required
to prepare an investigation memorandum. During an investigation by the commissioner of
health or the commissioner of human services, data collected under this section are
confidential data on individuals or protected nonpublic data as defined in section 13.02.
Upon completion of the investigation, the data are classified as provided in clauses (1) to
(3) and paragraph (c).
(1) The investigation memorandum must contain the following data, which are public:
(i) the name of the facility investigated;
(ii) a statement of the nature of the alleged maltreatment;
(iii) pertinent information obtained from medical or other records reviewed;
(iv) the identity of the investigator;
(v) a summary of the investigation's findings;
(vi) statement of whether the report was found to be substantiated, inconclusive, false,
or that no determination will be made;
(vii) a statement of any action taken by the facility;
(viii) a statement of any action taken by the lead investigative agency; and
(ix) when a lead investigative agency's determination has substantiated maltreatment, a
statement of whether an individual, individuals, or a facility were responsible for the
substantiated maltreatment, if known.
The investigation memorandum must be written in a manner which protects the identity
of the reporter and of the vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data listed in clause (2).
(2) Data on individuals collected and maintained in the investigation memorandum are
private data, including:
(i) the name of the vulnerable adult;
(ii) the identity of the individual alleged to be the perpetrator;
(iii) the identity of the individual substantiated as the perpetrator; and
(iv) the identity of all individuals interviewed as part of the investigation.
(3) Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.
(c) The name of the reporter must be confidential. The subject of the report may compel
disclosure of the name of the reporter only with the consent of the reporter or upon a written
finding by a court that the report was false and there is evidence that the report was made
in bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure, except that where the identity of the reporter is relevant
to a criminal prosecution, the district court shall do an in-camera review prior to determining
whether to order disclosure of the identity of the reporter.
(d) Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services new text begin and county adult protective services new text end must be
maintained under the following schedule and then destroyed unless otherwise directed by
federal requirements:
(1) data from reports determined to be false, maintained for three years after the finding
was madenew text begin for reports under the jurisdiction of the Department of Human Services or the
Department of Health and five years after the finding was made for reports under the
jurisdiction of county adult protective servicesnew text end ;
(2) data from reports determined to be inconclusive, maintained for four years after the
finding was madenew text begin for reports under the jurisdiction of the Department of Human Services
or the Department of Health and five years after the finding was made for reports under the
jurisdiction of county adult protective servicesnew text end ;
(3) data from reports determined to be substantiated, maintained for seven years after
the finding was made; and
(4) data from reports which were not investigated by a lead investigative agency and for
which there is no final disposition, maintained for three years from the date of the reportnew text begin
for reports under the jurisdiction of the Department of Human Services or the Department
of Health and five years from the date of the report for reports under the jurisdiction of
county adult protective servicesnew text end .
(e) The commissioners of health and human services shall annually publish on their
websites the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigation under this section,
and the resolution of those investigations.
deleted text begin
(f) Each lead investigative agency must have a record retention policy.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end Lead investigative agencies, county agencies responsible for adult protective
services, prosecuting authorities, and law enforcement agencies may exchange not public
data, as defined in section 13.02, with a tribal agency, facility, service provider, vulnerable
adult, primary support person for a vulnerable adult, new text begin emergency management service,
financial institution, medical examiner, new text end state licensing board, federal or state agency, the
ombudsman for long-term care, or the ombudsman for mental health and developmental
disabilities, if the agency or authority providing the data determines that the data are pertinent
and necessary to prevent further maltreatment of a vulnerable adult, to safeguard a vulnerable
adult, or for an investigation under this section. Data collected under this section must be
made available to prosecuting authorities and law enforcement officials, local county
agencies, new text begin the commissioner of human services as the state Medicaid agency, new text end and licensing
agencies investigating the alleged maltreatment under this section. The lead investigative
agency shall exchange not public data with the vulnerable adult maltreatment review panel
established in section 256.021 if the data are pertinent and necessary for a review requested
under that section. Notwithstanding section 138.17, upon completion of the review, not
public data received by the review panel must be destroyed.
deleted text begin (h)deleted text end new text begin (g)new text end Each lead investigative agency shall keep records of the length of time it takes
to complete its investigations.
deleted text begin (i)deleted text end new text begin (h)new text end A lead investigative agency may notify other affected parties and their authorized
representative if the lead investigative agency has reason to believe maltreatment has occurred
and determines the information will safeguard the well-being of the affected parties or dispel
widespread rumor or unrest in the affected facility.
deleted text begin (j)deleted text end new text begin (i)new text end Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead investigative agency may
not provide any notice unless the vulnerable adult has consented to disclosure in a manner
which conforms to federal requirements.
new text begin
(j) When a county agency acting as the lead investigative agency is aware the person
determined responsible for maltreatment is a guardian or conservator appointed under
chapter 524, the county agency must share the final determination with the Minnesota
Judicial Branch within 14 calendar days of the determination.
new text end
Sec. 33.
Minnesota Statutes 2024, section 626.5572, subdivision 2, is amended to read:
Subd. 2.
Abuse.
"Abuse" means:
(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate,
or aiding and abetting a violation of:
(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;
(2) the use of drugs to injure or facilitate crime as defined in section 609.235;
(3) the solicitation, inducement, and promotion of prostitution as defined in section
609.322; and
(4) criminal sexual conduct in the first through fifth degrees as defined in sections
609.342 to 609.3451.
A violation includes any action that meets the elements of the crime, regardless of
whether there is a criminal proceeding or conviction.
(b) Conduct which is not an accident or therapeutic conduct as defined in this section,
which produces or could reasonably be expected to produce physical pain or injury or
emotional distress including, but not limited to, the following:
(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable
adult;
(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable
adult or the treatment of a vulnerable adult which would be considered by a reasonable
person to be disparaging, derogatory, humiliating, harassing, or threatening; or
(3) use of any aversive or deprivation procedure, unreasonable confinement, or
involuntary seclusion, including the forced separation of the vulnerable adult from other
persons against the will of the vulnerable adult or the legal representative of the vulnerable
adult unless authorized under applicable licensing requirements or Minnesota Rules, chapter
9544.
new text begin
(c) Any contact with the vulnerable adult that is not therapeutic conduct and a reasonable
person would consider a sexual act or any nonconsensual sexual interaction with the
vulnerable adult, including but not limited to:
new text end
new text begin
(1) making, viewing, or sharing sexual images or videos with or of the vulnerable adult;
and
new text end
new text begin
(2) using oral, written, gestured, or electronic communication that is sexually harassing,
including but not limited to unwelcome sexual advances or requests for sexual favors.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Any sexual contact or penetration as defined in section 609.341, between a facility
staff person or a person providing services in the facility and a resident, patient, or client
of that facility.
deleted text begin (d)deleted text end new text begin (e)new text end The act of forcing, compelling, coercing, or enticing a vulnerable adult against
the vulnerable adult's will to perform services for the advantage of another.
deleted text begin (e)deleted text end new text begin (f)new text end For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section
253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority
and within the boundary of reasonable medical practice, to any therapeutic conduct, including
any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition
of the vulnerable adult or, where permitted under law, to provide nutrition and hydration
parenterally or through intubation. This paragraph does not enlarge or diminish rights
otherwise held under law by:
(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or
(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.
deleted text begin (f)deleted text end new text begin (g)new text end For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult.
deleted text begin (g)deleted text end new text begin (h)new text end For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional
dysfunction or undue influence, engages in consensual sexual contact with:
(1) a person, including a facility staff person, when a consensual sexual personal
relationship existed prior to the caregiving relationship; or
(2) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship.
Sec. 34.
Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Adult protective services. new text end
new text begin
"Adult protective services" means an adult
protection program administered by a county social services agency under the authority of
the agency's governing body or delegated to a Tribal government by the commissioner of
human services to support adults referred for maltreatment to live safely and with dignity.
new text end
Sec. 35.
Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision
to read:
new text begin Subd. 3b. new text end
new text begin Assessment. new text end
new text begin
"Assessment" means a structured process conducted by a county
social services agency to review the safety, strengths, and needs of an adult referred as
vulnerable and maltreated and accepted by the agency for adult protective services and to
develop a service plan to stop, prevent, and reduce risk of maltreatment for the adult using
standardized tools provided by the Department of Human Services.
new text end
Sec. 36.
Minnesota Statutes 2024, section 626.5572, subdivision 9, is amended to read:
Subd. 9.
Financial exploitation.
"Financial exploitation" means:
(a) In breach of a fiduciary obligation recognized elsewhere in law, including pertinent
regulations, contractual obligations, documented consent by a competent person, or the
obligations of a responsible party under section 144.6501, a person:
(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable
adult which results or is likely to result in detriment to the vulnerable adult; or
(2) fails to use the financial resources of the vulnerable adult to provide food, clothing,
shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the
failure results or is likely to result in detriment to the vulnerable adult.
(b) In the absence of legal authority a person:
(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;
(2) obtains for the actor or another the performance of services by deleted text begin a third persondeleted text end new text begin the
vulnerable adultnew text end for the wrongful profit or advantage of the actor or another to the detriment
of the vulnerable adult;
(3) acquires possession or control of, or an interest in, funds or property of a vulnerable
adult through the use of undue influence, harassment, duress, deception, or fraud; or
(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's
will to perform services for the profit or advantage of another.
(c) Nothing in this definition requires a facility or caregiver to provide financial
management or supervise financial management for a vulnerable adult except as otherwise
required by law.
Sec. 37.
Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision
to read:
new text begin Subd. 12a. new text end
new text begin Investigation. new text end
new text begin
"Investigation" means activities for fact gathering conducted
by the lead investigative agency to make a final determination of maltreatment.
new text end
Sec. 38.
Minnesota Statutes 2025 Supplement, section 626.5572, subdivision 13, is amended
to read:
Subd. 13.
Lead investigative agency.
"Lead investigative agency" is the primary
administrative agency responsible for investigating reports made under section 626.557.
(a) The Department of Health is the lead investigative agency for facilities or services
licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding
care homes, hospice providers, residential facilities that are also federally certified as
intermediate care facilities that serve people with developmental disabilities, or any other
facility or service not listed in this subdivision that is licensed or required to be licensed by
the Department of Health for the care of vulnerable adults. "Home care provider" has the
meaning provided in section 144A.43, subdivision 4, and applies when care or services are
delivered in the vulnerable adult's home.
(b) The Department of Human Services is the lead investigative agency for facilities or
services licensed or required to be licensed as adult day care, adult foster care, community
residential settings, programs for people with disabilities, EIDBI agencies, family adult day
services, mental health programs, mental health clinics, substance use disorder programs,
the Minnesota Sex Offender Program, or any other facility or service not listed in this
subdivision that is licensed or required to be licensed by the Department of Human Services.
The Department of Human Services is also the lead investigative agency for unlicensed
EIDBI agencies under section 256B.0949.
(c) The county social deleted text begin servicedeleted text end new text begin servicesnew text end agency new text begin adult protective services new text end or deleted text begin itsdeleted text end new text begin the agency'snew text end
designee new text begin or a federally recognized Indian Tribe that entered into a contractual agreement
with the commissioner of human services to operate adult protective services new text end is the lead
investigative agency for all other reports, including but not limited to reports involving
vulnerable adults receiving services from a personal care provider organization under section
256B.0659new text begin or 256B.85new text end .
Sec. 39.
Minnesota Statutes 2024, section 626.5572, subdivision 17, is amended to read:
Subd. 17.
Neglect.
(a) "Neglect" means neglect by a caregiver or self-neglect.
(b) "Caregiver neglect" means the failure or omission by a caregiver to supply a
vulnerable adult with care or services, including but not limited to, food, clothing, shelter,
health care, or supervision which is:
(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or
mental health or safety, considering the physical and mental capacity or dysfunction of the
vulnerable adult; and
(2) which is not the result of an accident or therapeutic conduct.
(c) "Self-neglect" means neglect by a vulnerable adult of the vulnerable adult's own
food, clothing, shelter, health care, new text begin financial management, new text end or other services that are not the
responsibility of a caregiver which a reasonable person would deem essential to obtain or
maintain the vulnerable adult's health, safety, or comfort.
(d) For purposes of this section, a vulnerable adult is not neglected for the sole reason
that:
(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections
253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with
that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical
or mental condition of the vulnerable adult, or, where permitted under law, to provide
nutrition and hydration parenterally or through intubation; this paragraph does not enlarge
or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; deleted text begin or
deleted text end
(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult;
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with:
(i) a person including a facility staff person when a consensual sexual personal
relationship existed prior to the caregiving relationship; or
(ii) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship; deleted text begin or
deleted text end
(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult which does not result in injury or harm which reasonably requires medical or mental
health care; or
(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult that results in injury or harm, which reasonably requires the care of a physician, and:
(i) the necessary care is provided in a timely fashion as dictated by the condition of the
vulnerable adult;
(ii) if after receiving care, the health status of the vulnerable adult can be reasonably
expected, as determined by the attending physician, to be restored to the vulnerable adult's
preexisting condition;
(iii) the error is not part of a pattern of errors by the individual;
(iv) if in a facility, the error is immediately reported as required under section 626.557,
and recorded internally in the facility;
(v) if in a facility, the facility identifies and takes corrective action and implements
measures designed to reduce the risk of further occurrence of this error and similar errors;
and
(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently
documented for review and evaluation by the facility and any applicable licensing,
certification, and ombudsman agency.
(e) Nothing in this definition requires a caregiver, if regulated, to provide services in
excess of those required by the caregiver's license, certification, registration, or other
regulation.
(f) If the findings of an investigation by a lead investigative agency result in a
determination of substantiated maltreatment for the sole reason that the actions required of
a facility under paragraph (d), clause (5), item (iv), (v), or (vi), were not taken, then the
facility is subject to a correction order. An individual will not be found to have neglected
or maltreated the vulnerable adult based solely on the facility's not having taken the actions
required under paragraph (d), clause (5), item (iv), (v), or (vi). This must not alter the lead
investigative agency's determination of mitigating factors under section 626.557, subdivision
9c, paragraph (f).
Sec. 40. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, sections 256B.5012, subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12,
14, 15, and 16; and 626.557, subdivision 10,
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 the day following final enactment.
new text end
APPENDIX
Repealed Minnesota Statutes: 26-06079
256B.5012 ICF/DD PAYMENT SYSTEM IMPLEMENTATION.
Subd. 4.
ICF/DD rate increases beginning July 1, 2001, and July 1, 2002.
(a) For the rate years beginning July 1, 2001, and July 1, 2002, the commissioner shall make available to each facility reimbursed under this section an adjustment to the total operating payment rate of 3.5 percent. Of this adjustment, two-thirds must be used as provided under paragraph (b) and one-third must be used for operating costs.
(b) The adjustment under this paragraph must be used to increase the wages and benefits and pay associated costs of all employees except administrative and central office employees, provided that this increase must be used only for wage and benefit increases implemented on or after the first day of the rate year and must not be used for increases implemented prior to that date.
(c) For each facility, the commissioner shall make available an adjustment using the percentage specified in paragraph (a) multiplied by the total payment rate, excluding the property-related payment rate, in effect on the preceding June 30. The total payment rate shall include the adjustment provided in section 256B.501, subdivision 12.
(d) A facility whose payment rates are governed by closure agreements, receivership agreements, or Minnesota Rules, part 9553.0075, is not eligible for an adjustment otherwise granted under this subdivision.
(e) A facility may apply for the payment rate adjustment provided under paragraph (b). The application must be made to the commissioner and contain a plan by which the facility will distribute the adjustment in paragraph (b) to employees of the facility. For facilities in which the employees are represented by an exclusive bargaining representative, an agreement negotiated and agreed to by the employer and the exclusive bargaining representative constitutes the plan. A negotiated agreement may constitute the plan only if the agreement is finalized after the date of enactment of all rate increases for the rate year. The commissioner shall review the plan to ensure that the payment rate adjustment per diem is used as provided in this subdivision. To be eligible, a facility must submit its plan by March 31, 2002, and March 31, 2003, respectively. If a facility's plan is effective for its employees after the first day of the applicable rate year that the funds are available, the payment rate adjustment per diem is effective the same date as its plan.
(f) A copy of the approved distribution plan must be made available to all employees by giving each employee a copy or by posting it in an area of the facility to which all employees have access. If an employee does not receive the wage and benefit adjustment described in the facility's approved plan and is unable to resolve the problem with the facility's management or through the employee's union representative, the employee may contact the commissioner at an address or telephone number provided by the commissioner and included in the approved plan.
Subd. 5.
Rate increase effective June 1, 2003.
For rate periods beginning on or after June 1, 2003, the commissioner shall increase the total operating payment rate for each facility reimbursed under this section by $3 per day. The increase shall not be subject to any annual percentage increase.
Subd. 6.
ICF/DD rate increases October 1, 2005, and October 1, 2006.
(a) For the rate periods beginning October 1, 2005, and October 1, 2006, the commissioner shall make available to each facility reimbursed under this section an adjustment to the total operating payment rate of 2.2553 percent.
(b) 75 percent of the money resulting from the rate adjustment under paragraph (a) must be used to increase wages and benefits and pay associated costs for employees, except for administrative and central office employees. 75 percent of the money received by a facility as a result of the rate adjustment provided in paragraph (a) must be used only for wage, benefit, and staff increases implemented on or after the effective date of the rate increase each year, and must not be used for increases implemented prior to that date. The wage adjustment eligible employees may receive may vary based on merit, seniority, or other factors determined by the provider.
(c) For each facility, the commissioner shall make available an adjustment, based on occupied beds, using the percentage specified in paragraph (a) multiplied by the total payment rate, including variable rate but excluding the property-related payment rate, in effect on the preceding day. The total payment rate shall include the adjustment provided in section 256B.501, subdivision 12.
(d) A facility whose payment rates are governed by closure agreements or receivership agreements is not eligible for an adjustment otherwise granted under this subdivision.
(e) A facility may apply for the portion of the payment rate adjustment provided under paragraph (a) for employee wages and benefits and associated costs. The application must be made to the commissioner and contain a plan by which the facility will distribute the funds according to paragraph (b). For facilities in which the employees are represented by an exclusive bargaining representative, an agreement negotiated and agreed to by the employer and the exclusive bargaining representative constitutes the plan. A negotiated agreement may constitute the plan only if the agreement is finalized after the date of enactment of all rate increases for the rate year. The commissioner shall review the plan to ensure that the payment rate adjustment per diem is used as provided in this subdivision. To be eligible, a facility must submit its plan by March 31, 2006, and December 31, 2006, respectively. If a facility's plan is effective for its employees after the first day of the applicable rate period that the funds are available, the payment rate adjustment per diem is effective the same date as its plan.
(f) A copy of the approved distribution plan must be made available to all employees by giving each employee a copy or by posting it in an area of the facility to which all employees have access. If an employee does not receive the wage and benefit adjustment described in the facility's approved plan and is unable to resolve the problem with the facility's management or through the employee's union representative, the employee may contact the commissioner at an address or telephone number provided by the commissioner and included in the approved plan.
Subd. 7.
ICF/DD rate increases effective October 1, 2007, and October 1, 2008.
(a) For the rate year beginning October 1, 2007, the commissioner shall make available to each facility reimbursed under this section operating payment rate adjustments equal to 2.0 percent of the operating payment rates in effect on September 30, 2007. For the rate year beginning October 1, 2008, the commissioner shall make available to each facility reimbursed under this section operating payment rate adjustments equal to 2.0 percent of the operating payment rates in effect on September 30, 2008. For each facility, the commissioner shall make available an adjustment, based on occupied beds, using the percentage specified in this paragraph multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding day. The total payment rate shall include the adjustment provided in section 256B.501, subdivision 12. A facility whose payment rates are governed by closure agreements or receivership agreements is not eligible for an adjustment otherwise granted under this subdivision.
(b) Seventy-five percent of the money resulting from the rate adjustments under paragraph (a) must be used for increases in compensation-related costs for employees directly employed by the facility on or after the effective date of the rate adjustments, except:
(1) the administrator;
(2) persons employed in the central office of a corporation that has an ownership interest in the facility or exercises control over the facility; and
(3) persons paid by the facility under a management contract.
(c) Two-thirds of the money available under paragraph (b) must be used for wage increases for all employees directly employed by the facility on or after the effective date of the rate adjustments, except those listed in paragraph (b), clauses (1) to (3). The wage adjustment that employees receive under this paragraph must be paid as an equal hourly percentage wage increase for all eligible employees. All wage increases under this paragraph must be effective on the same date. Only costs associated with the portion of the equal hourly percentage wage increase that goes to all employees shall qualify under this paragraph. Costs associated with wage increases in excess of the amount of the equal hourly percentage wage increase provided to all employees shall be allowed only for meeting the requirements in paragraph (b). This paragraph shall not apply to employees covered by a collective bargaining agreement.
(d) The commissioner shall allow as compensation-related costs all costs for:
(1) wages and salaries;
(2) FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' compensation;
(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, and pensions; and
(4) other benefits provided, subject to the approval of the commissioner.
(e) The portion of the rate adjustments under paragraph (a) that is not subject to the requirements in paragraphs (b) and (c) shall be provided to facilities effective October 1 of each year.
(f) Facilities may apply for the portion of the rate adjustments under paragraph (a) that is subject to the requirements in paragraphs (b) and (c). The application must be submitted to the commissioner within six months of the effective date of the rate adjustments, and the facility must provide additional information required by the commissioner within nine months of the effective date of the rate adjustments. The commissioner must respond to all applications within three weeks of receipt. The commissioner may waive the deadlines in this paragraph under extraordinary circumstances, to be determined at the sole discretion of the commissioner. The application must contain:
(1) an estimate of the amounts of money that must be used as specified in paragraphs (b) and (c);
(2) a detailed distribution plan specifying the allowable compensation-related and wage increases the facility will implement to use the funds available in clause (1);
(3) a description of how the facility will notify eligible employees of the contents of the approved application, which must provide for giving each eligible employee a copy of the approved application, excluding the information required in clause (1), or posting a copy of the approved application, excluding the information required in clause (1), for a period of at least six weeks in an area of the facility to which all eligible employees have access; and
(4) instructions for employees who believe they have not received the compensation-related or wage increases specified in clause (2), as approved by the commissioner, and which must include a mailing address, email address, and the telephone number that may be used by the employee to contact the commissioner or the commissioner's representative.
(g) The commissioner shall ensure that cost increases in distribution plans under paragraph (f), clause (2), that may be included in approved applications, comply with requirements in clauses (1) to (4):
(1) costs to be incurred during the applicable rate year resulting from wage and salary increases effective after October 1, 2006, and prior to the first day of the facility's payroll period that includes October 1 of each year shall be allowed if they were not used in the prior year's application and they meet the requirements of paragraphs (b) and (c);
(2) a portion of the costs resulting from tenure-related wage or salary increases may be considered to be allowable wage increases, according to formulas that the commissioner shall provide, where employee retention is above the average statewide rate of retention of direct care employees;
(3) the annualized amount of increases in costs for the employer's share of health and dental insurance, life insurance, disability insurance, and workers' compensation shall be allowable compensation-related increases if they are effective on or after April 1 of the year in which the rate adjustments are effective and prior to April 1 of the following year; and
(4) for facilities in which employees are represented by an exclusive bargaining representative, the commissioner shall approve the application only upon receipt of a letter of acceptance of the distribution plan, as regards members of the bargaining unit, signed by the exclusive bargaining agent and dated after May 25, 2007. Upon receipt of the letter of acceptance, the commissioner shall deem all requirements of this section as having been met in regard to the members of the bargaining unit.
(h) The commissioner shall review applications received under paragraph (f) and shall provide the portion of the rate adjustments under paragraphs (b) and (c) if the requirements of this subdivision have been met. The rate adjustments shall be effective October 1 of each year. Notwithstanding paragraph (a), if the approved application distributes less money than is available, the amount of the rate adjustment shall be reduced so that the amount of money made available is equal to the amount to be distributed.
Subd. 8.
ICF/DD rate decreases effective July 1, 2009.
Effective July 1, 2009, the commissioner shall decrease each facility reimbursed under this section operating payment adjustments equal to 2.58 percent of the operating payment rates in effect on June 30, 2009. For each facility, the commissioner shall implement the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in subdivision 7.
Subd. 9.
ICF/DD rate increase effective July 1, 2011; Clearwater County.
Effective July 1, 2011, the commissioner shall increase the daily rate to $138.23 at an intermediate care facility for the developmentally disabled located in Clearwater County and classified as a class A facility with 15 beds.
Subd. 10.
ICF/DD rate decrease effective July 1, 2011; exception for Clearwater County.
For each facility reimbursed under this section, except for a facility located in Clearwater County and classified as a class A facility with 15 beds, the commissioner shall decrease operating payment rates equal to 0.095 percent of the operating payment rates in effect on June 30, 2011. For each facility, the commissioner shall apply the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in section 256B.501, subdivision 12.
Subd. 11.
ICF/DD rate decrease effective July 1, 2011.
For each facility reimbursed under this section, the commissioner shall decrease operating payments equal to 1.5 percent of the operating payment rates in effect on June 30, 2011. For each facility, the commissioner shall apply the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in section 256B.501, subdivision 12.
Subd. 12.
ICF/DD rate increase effective July 1, 2013.
For each facility reimbursed under this section, the commissioner shall increase operating payments equal to one-half percent of the operating payment rates in effect on June 30, 2013. For each facility, the commissioner shall apply the rate increase, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.
Subd. 14.
Rate increase effective June 1, 2013.
For rate periods beginning on or after June 1, 2013, the commissioner shall increase the total operating payment rate for each facility reimbursed under this section by $7.81 per day. The increase shall not be subject to any annual percentage increase.
Subd. 15.
ICF/DD rate increases effective April 1, 2014.
(a) Notwithstanding subdivision 12, for each facility reimbursed under this section, for the rate period beginning April 1, 2014, the commissioner shall increase operating payments equal to one percent of the operating payment rates in effect on March 31, 2014.
(b) For each facility, the commissioner shall apply the rate increase based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate, but excluding the property-related payment rate in effect on the preceding date. The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.
Subd. 16.
ICF/DD rate increases effective July 1, 2014.
(a) For the rate period beginning July 1, 2014, the commissioner shall increase operating payments for each facility reimbursed under this section equal to five percent of the operating payment rates in effect on June 30, 2014.
(b) For each facility, the commissioner shall apply the rate increase based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate in effect on June 30, 2014. The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.
(c) To receive the rate increase under paragraph (a), each facility reimbursed under this section must submit to the commissioner documentation that identifies a quality improvement project that the facility will implement by June 30, 2015. Documentation must be provided in a format specified by the commissioner. Projects must:
(1) improve the quality of life of intermediate care facility residents in a meaningful way;
(2) improve the quality of services in a measurable way; or
(3) deliver good quality service more efficiently while using the savings to enhance services for the participants served.
(d) For a facility that fails to submit the documentation described in paragraph (c) by a date or in a format specified by the commissioner, the commissioner shall reduce the facility's rate by one percent effective January 1, 2015.
(e) Facilities that receive a rate increase under this subdivision shall use 80 percent of the additional revenue to increase compensation-related costs for employees directly employed by the facility on or after July 1, 2014, except:
(1) persons employed in the central office of a corporation or entity that has an ownership interest in the facility or exercises control over the facility; and
(2) persons paid by the facility under a management contract.
This requirement is subject to audit by the commissioner.
(f) Compensation-related costs include:
(1) wages and salaries;
(2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, and mileage reimbursement;
(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, pensions, and contributions to employee retirement accounts; and
(4) other benefits provided and workforce needs, including the recruiting and training of employees as specified in the distribution plan required under paragraph (i).
(g) For public employees under a collective bargaining agreement, the increase for wages and benefits is available and pay rates must be increased only to the extent that the increases comply with laws governing public employees' collective bargaining. Money received by a facility under paragraph (e) for pay increases for public employees must be used only for pay increases implemented between July 1, 2014, and August 1, 2014.
(h) For a facility that has employees that are represented by an exclusive bargaining representative, the provider shall obtain a letter of acceptance of the distribution plan required under paragraph (i), in regard to the members of the bargaining unit, signed by the exclusive bargaining agent. Upon receipt of the letter of acceptance, the facility shall be deemed to have met all the requirements of this subdivision in regard to the members of the bargaining unit. Upon request, the facility shall produce the letter of acceptance for the commissioner.
(i) A facility that receives a rate adjustment under paragraph (a) that is subject to paragraph (e) shall prepare, and upon request submit to the commissioner, a distribution plan that specifies the amount of money the facility expects to receive that is subject to the requirements of paragraph (e), including how that money will be distributed to increase compensation for employees. The commissioner may recover funds from a facility that fails to comply with this requirement.
(j) By January 1, 2015, the facility shall post the distribution plan required under paragraph (i) for a period of at least six weeks in an area of the facility's operation to which all eligible employees have access and shall provide instructions for employees who do not believe they have received the wage and other compensation-related increases specified in the distribution plan. The instructions must include a mailing address, email address, and telephone number that an employee may use to contact the commissioner or the commissioner's representative.
626.557 REPORTING OF MALTREATMENT OF VULNERABLE ADULTS.
Subd. 10.
Duties of county social service agency.
(a) When the common entry point refers a report to the county social service agency as the lead investigative agency or makes a referral to the county social service agency for emergency adult protective services, or when another lead investigative agency requests assistance from the county social service agency for adult protective services, the county social service agency shall immediately assess and offer emergency and continuing protective social services for purposes of preventing further maltreatment and for safeguarding the welfare of the maltreated vulnerable adult. The county shall use standardized tools and the data system made available by the commissioner. The information entered by the county into the standardized tool must be accessible to the Department of Human Services. In cases of suspected sexual abuse, the county social service agency shall immediately arrange for and make available to the vulnerable adult appropriate medical examination and treatment. When necessary in order to protect the vulnerable adult from further harm, the county social service agency shall seek authority to remove the vulnerable adult from the situation in which the maltreatment occurred. The county social service agency may also investigate to determine whether the conditions which resulted in the reported maltreatment place other vulnerable adults in jeopardy of being maltreated and offer protective social services that are called for by its determination.
(b) Within five business days of receipt of a report screened in by the county social service agency for investigation, the county social service agency shall determine whether, in addition to an assessment and services for the vulnerable adult, to also conduct an investigation for final disposition of the individual or facility alleged to have maltreated the vulnerable adult.
(c) The county social service agency must investigate for a final disposition the individual or facility alleged to have maltreated a vulnerable adult for each report accepted as lead investigative agency involving an allegation of abuse, caregiver neglect that resulted in harm to the vulnerable adult, financial exploitation that may be criminal, or an allegation against a caregiver under chapter 256B.
(d) An investigating county social service agency must make a final disposition for any allegation when the county social service agency determines that a final disposition may safeguard a vulnerable adult or may prevent further maltreatment.
(e) If the county social service agency learns of an allegation listed in paragraph (c) after the determination in paragraph (a), the county social service agency must change the initial determination and conduct an investigation for final disposition of the individual or facility alleged to have maltreated the vulnerable adult.
(f) County social service agencies may enter facilities and inspect and copy records as part of an investigation. The county social service agency has access to not public data, as defined in section 13.02, and medical records under sections 144.291 to 144.298, that are maintained by facilities to the extent necessary to conduct its investigation. The inquiry is not limited to the written records of the facility, but may include every other available source of information.
(g) When necessary in order to protect a vulnerable adult from serious harm, the county social service agency shall immediately intervene on behalf of that adult to help the family, vulnerable adult, or other interested person by seeking any of the following:
(1) a restraining order or a court order for removal of the perpetrator from the residence of the vulnerable adult pursuant to section 518B.01;
(2) the appointment of a guardian or conservator pursuant to sections 524.5-101 to 524.5-502, or guardianship or conservatorship pursuant to chapter 252A;
(3) replacement of a guardian or conservator suspected of maltreatment and appointment of a suitable person as guardian or conservator, pursuant to sections 524.5-101 to 524.5-502; or
(4) a referral to the prosecuting attorney for possible criminal prosecution of the perpetrator under chapter 609.
The expenses of legal intervention must be paid by the county in the case of indigent persons, under section 524.5-502 and chapter 563.
In proceedings under sections 524.5-101 to 524.5-502, if a suitable relative or other person is not available to petition for guardianship or conservatorship, a county employee shall present the petition with representation by the county attorney. The county shall contract with or arrange for a suitable person or organization to provide ongoing guardianship services. If the county presents evidence to the court exercising probate jurisdiction that it has made a diligent effort and no other suitable person can be found, a county employee may serve as guardian or conservator. The county shall not retaliate against the employee for any action taken on behalf of the person subject to guardianship or conservatorship, even if the action is adverse to the county's interest. Any person retaliated against in violation of this subdivision shall have a cause of action against the county and shall be entitled to reasonable attorney fees and costs of the action if the action is upheld by the court.