Session Year 2005, Special Session 1

Bill Name: HF0139

HF 139

SPECIAL SESSION CHAPTER 4
EFFECTIVE DATE: Various

Omnibus health and
human services bill providing policy and funding, establishing the tobacco
health impact fee, and appropriating money.

ARTICLE 1¿LICENSING
PROVISIONS

Section 1: Licensing data definition modified.
Sec. 2: Health care
facility definition modified.
Sec. 3: Data usage effective date provided.
Sec.
4: School age child care program exclusion of scouting, boys clubs, girls
clubs, sports, and art programs eliminated.
Sec. 5: Conforming change with
section 4.
Sec. 6: Unlicensed program operation penalties clarified.
Sec. 7:
Technical statutory reference added.
Sec. 8: Child foster care license
application requirements expanded.
Sec. 9: License issuance prohibited for
certain disqualified individuals.
Sec. 10: Fund and handling procedures
modified.
Sec. 11: Family child care correction or conditional license order
posting required.
Sec. 12: Temporary provisional license appeal process
detailed.
Sec. 13: License suspension regulations clarified.
Sec. 14: Family
child care correction or suspension order posting required.
Sec. 15: Contested
maltreatment case hearing scope expanded.
Sec. 16: Revoked license
reapplication procedure detailed.
Sec. 17: Child care center staff first aid
training required.
Sec. 18: Cardiopulmonary resuscitation training requirement
for child care workers required. CPR
Sec. 19: Shaken baby syndrome education
for license holders required.
Sec. 20: Delegation of authority required for
child foster care applications.
Sec. 21: Conflict of interest clarified.
Sec.
22: Child passenger restraint system training requirement modified and seat
belt use required.
Sec. 23: Incident defined.
Sec. 24: Staff ratio requirement
clarified.
Sec. 25: Technical modifications provided.
Sec. 26: Licensed
program list modified.
Sec. 27: Study subject affiliated with multiple
facilities regulations relating to license holders clarified.
Sec. 28:
Background study requirements expanded.
Sec. 29: Data available for
consideration from background studies by counties or private agencies
specified.
Sec. 30: Permanent disqualification provision clarified.
Sec. 31:
15-year care license disqualification offenses expanded.
Sec. 32: 10-year care
license disqualification offenses expanded.
Sec. 33: 7-year care license
disqualification offenses expanded.
Sec. 34: Disqualification reconsideration
time frame revised.
Sec. 35: Language clarified.
Sec. 36: Risk of harm
reconsideration request regulated.
Sec. 37: License disqualification data
classification provision expanded.
Sec. 38: Rescinded disqualification notice
regulations established.
Sec. 39: Setting aside of disqualification
prohibited.
Sec. 40: Ten-year bar to set aside disqualification regulations
clarified.
Sec. 41: Fair hearing provisions expanded.
Sec. 42: Public employee
disqualification details expanded.
Sec. 43: License holder variance technical
reference added and request clarification provided.
Sec. 44: Disqualification
reason disclosure required.
Sec. 45: Set-aside or variance notification
required.
Sec. 46: Treatment facility definition modified.
Sec. 47: Guardian
ad litem background study required.
Sec. 48: Conforming change.
Sec. 49:
Effective date added.
Sec. 50: Background study of guardian ad litem
requirements established.
Sec. 51: Criminal history and maltreatment records
background study detailed.
Sec. 52: Background study rights detailed.
Sec. 53:
Expunged conviction record opening rights specified.
Sec. 54: Maltreatment
conviction reconsideration procedure clarified.
Sec. 55: Conforming change with
section 54.
Sec. 56: Abuse prevention plan obligations expanded.
Sec. 57:
Effective date.

ARTICLE 2¿MENTAL AND CHEMICAL HEALTH

Section 1: Application
process for pediatricians requirements expanded.
Sec. 2: Budget transfer
restructuring authorized.
Sec. 3: County board duties expanded.
Sec. 4:
Admission criteria for children revised.
Sec. 5: Emergency admission for
children regulations established.
Sec. 6: Care determination level for children
procedure modified.
Sec. 7: ¿Intensive nonresidential rehabilitative mental
health services¿ definition modified.
Sec. 8: Mental health telemedicine
authorized in certain circumstances.
Sec. 9: Foster care services treatment
detailed.
Sec. 10: Primary care practitioners psychiatric consultation
regulated.
Sec. 11: Client eligibility determination procedure modified.
Sec.
12: Treatment foster care covered service modified.
Sec. 13: Transitional
youth intensive rehabilitative mental health services regulations established
and detailed.
Sec. 14: Cost division effective date provided.
Sec. 15:
Conforming change to incorporate telemedicine.
Sec. 16: Special needs statutory
reference added.
Sec. 17: Conforming change with section 15.
Sec. 18:
Discharge plans for offenders with serious and persistent mental illness
provided.
Sec. 19: Janitorial contract priority provided.
Sec. 20: Enhanced
separation procedures established.
Sec. 21: Pension coverage for specific
individual provided.
Sec. 22: Effective date.

ARTICLE 3¿FAMILY
SUPPORT

Section 1: Subsidy restrictions provided.
Sec. 2: Absent day
reimbursement limit provided.
Sec. 3: Child care provider training inclusion of
shaken baby syndrome required.
Sec. 4: Annual license fees reduced for programs
with licensed capacity.
Sec. 5: Sliding fee scale usage authorized.
Sec. 6:
Date extended.
Sec. 7: Citizens advisory council expiration extended.
Sec. 8:
American Indian child welfare projects established and eligibility
specified.
Sec. 9: Eligibility modified for targeted case management
services.
Sec. 10: State traumatic brain injury program extended.
Sec. 11:
Eligibility requirements clarified technical references.
Sec. 12: SSI
conversion procedure reporting requirements eliminated.
Sec. 13: Facility
supplementary rate commencement date extended.
Sec. 14: MFIP assistance unit
grant reduced.
Sec. 15: Employment and training services overview requirements
modified.
Sec. 16: Long-term homeless supportive services program established
and detailed.
Sec. 17: American Indian child welfare advisory council
extended.
Sec. 18: Standard statewide child care license fee report
recommendations provided.
Sec. 19: Parent fee schedule established.
Sec. 20:
Repealer.
Sec. 21: Effective date.

ARTICLE 4 ¿ HEALTH IMPACT FEE
Section 1:
Health impact fund established and fund reimbursements regulated.
Sec. 2:
Tobacco health impact fee imposed on and collected from cigarette distributors
and tobacco products distributors. Fee detailed.
Sec. 3: Sales and use tax
permits revocation authorized.
Sec. 4: ¿Basic cost of cigarettes¿ definition
modified to include fee.
Sec. 5: Floor stocks fee imposed on every person
engaged in the business of distributing, retailing, vending, and manufacturing
cigarettes.
Sec. 6: Tobacco products floor stocks fee imposed.

ARTICLE
5¿MISCELLANEOUS

Section 1: Social worker sexual conduct with a former client
prohibited for two years.
Sec. 2: Cancer drug repository program established
and detailed.
Sec. 3: Prescription drug purchasing authorized.
Sec. 4:
Technical reference added.
Sec. 5: Commissioner duties modified.
Sec. 6:
Annual license fee for residential-based habilitation services imposed.
Sec. 7:
Supplemental nursing services agencies effective date provided.
Sec. 8:
Effective date provided and fee increased.
Sec. 9-11: Effective dates
provided
Sec. 12: Payment method authorization clarified.
Sec. 13: Assignment
effect relating to child care support modified and effective date provided.
Sec.
14: Study requirements modified and effective date provided.
Sec. 15:
Wholesale drug distributor tax modified.
Sec. 16: Long-term care insurance
provision authorized.
Sec. 17: Medical aid provisions relating to rate limits
clarified.
Sec. 18: Applicable tax rate increased for managed care.
Sec. 19:
Repealer.

ARTICLE 6¿HEALTH DEPARTMENT

Section 1: Health information
technology and infrastructure advisory committee established and duties
provided.
Sec. 2: Variance fees increased.
Sec. 3: Well notification fees
increased.
Sec. 4: Property permit fees increased.
Sec. 5: Well disclosure to
buyer conveyance fees increased.
Sec. 6: Boring license fees increased and
regulations provided.
Sec. 7: Outpatient surgical center, AOA hospital, and
other facility license, permit, and survey fees increased.
Sec. 8: ¿Eligible
rural hospital¿ definition modified.
Sec. 9: Authorized grant electronic
records authorized.
Sec. 10: Rural pharmacy planning and transition grant
program established and detailed.
Sec. 11: ¿Eligible project¿ and ¿eligible
rural hospital¿ definitions modified.
Sec. 12: Rural health initiatives for
community health centers modified.
Sec. 13: ¿Dentist¿ and ¿pharmacist¿
defined.
Sec. 14: Health professional education loan forgiveness program
expanded.
Sec. 15: Loan forgiveness eligibility requirements modified.
Sec. 16:
Conforming change.
Sec. 17: Fee for vital record issuance increased. Birth
death stillbirth stillborn
Sec. 18: Vital records surcharge provided.
Sec. 19:
Electronic verification fee established.
Sec. 20: Alternative payment methods
approval authorized.
Sec. 21: Public water supply connection fee
increased.
Sec. 22: Construction or relocation details clarified relating to
Regions Hospital and HCMC.
Sec. 23: Critical access hospital license
application details provided.
Sec. 24: Shaking infant education by hospitals
required.
Sec. 25: ¿Commissioner,¿ ¿Major trauma,¿ and ¿trauma hospital¿
defined.
Sec. 26: Statewide trauma system criteria established.
Sec. 27:
Trauma triage and transportation regulations established.
Sec. 28: Trauma
hospital designation and verification procedures established.
Sec. 29:
Interhospital transfer procedures detailed.
Sec. 30: Trauma registry
participation required.
Sec. 31: Trauma advisory council established.
Sec. 32:
Lead risk assessment requirements modified.
Sec. 33: Water and hazardous
material certification fees increased.
Sec. 34: Trauma triage and transport
guideline criteria established.
Sec. 35: Females desiring abortion required to
be told whether or not an anesthetic or analgesic would eliminate or alleviate
organic pain to the unborn child; and cost disclosure of analgesic or anesthetic
required.
Sec. 36: Community-based program language clarified.
Sec. 37:
Biennial report evaluation regulations clarified.
Sec. 38: Postpartum
depression education and information provision required.
Sec. 39: Community
clinic grant regulations modified.
Sec. 40: Technical references changed.
Sec.
41: Donated dental services language clarified to shift power to
commissioner.
Sec. 42: Rule exemption for food establishments provided.
Sec.
43: ¿Statewide hospitality fee¿ defined.
Sec. 44: License renewal late fee
for food and beverage service establishments increased.
Sec. 45: Food manager
certification fee imposed.
Sec. 46: Establishment fees increased.
Sec. 47:
Statewide hospitality fee imposed.
Sec. 48: Health inspection frequency
clarified.
Sec. 49: School food service establishment inspection frequency
detailed.
Sec. 50: Plumbing system fee regulations clarified.
Sec. 51:
Technical reference modified.
Sec. 52: Cervical cancer elimination study
required and established.
Sec. 53: Public health information network
development required.
Sec. 54: Swing bed usage report to legislature
provided.
Sec. 55: Electronic health records system implementation
required.
Sec. 56: Rule amendment required.
Sec. 57: Commissioner direction
provided.
Sec. 58: Repealer.

ARTICLE 7¿LONG-TERM CARE AND CONTINUING
CARE

Section 1: Project amendment authorization provided.
Sec. 2: Moratorium
exception extended.
Sec. 3: Required report detailed.
Sec. 4: Benefit
increases in social security act excluded as income.
Sec. 5: Long-term care
partnership provided, program established and detailed.
Sec. 6: ¿Relocation
targeted case management¿ definition modified.
Sec. 7: Eligibility criteria
clarified.
Sec. 8: ¿County¿ added to case management language.
Sec. 9: Home
care targeted case management and relocation service coordination qualifications
modified.
Sec. 10: Eligible services modified and detailed.
Sec. 11: Time line
for case manager assignment modified.
Sec. 12: Data use agreement execution
required.
Sec. 13: Skilled and intermediate nursing care coverage exemptions
clarified.
Sec. 14: Covered personal care assistant services regulations
expanded.
Sec. 15: ¿Personal care assistant¿ definition modified.
Sec. 16:
Covered personal care assistant services regulations clarified.
Sec. 17:
Medical assistance payment certification by physician renewal conditions
specified.
Sec. 18: Personal care assistant hours flexible use regulations
expanded.
Sec. 19: Enrolled personal care assistant services provider oversight
procedures established.
Sec. 20: Service eligibility date limit extended.
Sec.
21: Conforming change.
Sec. 22: Covered alternative care services list
modified.
Sec. 23: Service standards expanded.
Sec. 24: Quality assurance
system establishment provided.
Sec. 25: Commission expiration date
extended.
Sec. 26: Quality assurance team regulations modified.
Sec. 27:
Technical modifications.
Sec. 28: Life estate and joint tenancy interest
applicability specified.
Sec. 29: Survivor regulations clarified.
Sec. 30:
Life estate or joint tenancy interest established.
Sec. 31: Liens for medical
assistance ended.
Sec. 32: Liability immunity provided.
Sec. 33: Nursing
facility rate increases imposed.
Sec. 34: Single-bed room establishment
incentive provided.
Sec. 35: ¿Nursing facility¿ definition modified.
Sec. 36:
Technical.
Sec. 37: Functional basis for allocable costs detailed.
Sec. 38:
Allocation ratio expanded.
Sec. 39: Organization costs detailed.
Sec. 40: Four
year duration of contracts provided.
Sec. 41: Nursing facility alternate rates
provided.
Sec. 42: Facilities lacking APS contracts regulated.
Sec. 43:
Nursing facility reimbursement system regulations established.
Sec. 44:
Services and supports for waivers modified to include transitional supports
allowance.
Sec. 45: ICF/MR rate increases imposed and detailed.
Sec. 46: PACE
(programs for all inclusive care for the elderly) authorized.
Sec. 47: Health
care services reimbursement authorized.
Sec. 48: Community living adjustment
authorized.
Sec. 49: Conforming change relating to life estate and joint
tenancy interests.
Sec. 50: Consumer directed community supports methodology
detailed.
Sec. 51: Inclusion of covered costs associated with physical activity
provided.
Sec. 52: Waiver amendment provided.
Sec. 53: Independent evaluation
and review of unallowable items provided.
Sec. 54: Federal approval
requested.
Sec. 55: Community services provider rate increases detailed.
Sec.
56: Commissioner¿s duties established related to change in effective date for
life estate and joint tenancy interest provisions.
Sec. 57: Licensing and
alternative quality assurance study direction provided.
Sec. 58: Disability
services interagency work group established.
Sec. 59: Report to legislature
required.
Sec. 60: Property payment system recommendations required.
Sec. 61:
Repealer.
Sec. 62: Effective date.

ARTICLE 8¿HEALTH CARE-DEPARTMENT OF HUMAN
SERVICES

Section 1: Health care access fund transfers authorized.
Sec. 2:
Hospital charge disclosure electronic system development required.
Sec. 3:
Discounted payments regulations modified.
Sec. 4: Human services report to
legislature required.
Sec. 5: Drug rebate program authority provided.
Sec. 6:
Test site authorization for health care programs provided.
Sec. 7:
MinnesotaCare cost recovery retention of 50% by counties authorized.
Sec. 8:
State agency hearings regulations clarified.
Sec. 9: Prepaid health plan claim
notification limit eliminated.
Sec. 10: Hearing authority clarified.
Sec. 11:
Surcharge withholding regulations established.
Sec. 12: Fee-for-service
admissions payments regulated.
Sec. 13: Disproportionate services payment
reductions implemented and clarified.
Sec. 14: Greater Minnesota payment
adjustment regulations modified.
Sec. 15: Quarterly payment adjustment for
hospitals established.
Sec. 16: Prescription drug assistance authorized.
Sec.
17: ¿Third-party payer¿ definition modified.
Sec. 18: Medicare prescription
drug subsidy eligibility determination procedures established.
Sec. 19: medical
assistance to correctional facility inmates regulations provided.
Sec. 20:
Excess asset reductions authorized.
Sec. 21: Excess income assistance
eligibility provision clarified.
Sec. 22: Income reporting required every
twelve months.
Sec. 23: Six month reporting of income for certain individuals
required.
Sec. 24: Eligibility period regulations clarified.
Sec. 25: Monetary
claim notification to state agency required.
Sec. 26: Eligibility verification
for medical assistance coverage required.
Sec. 27: Institutionalized persons
income availability reasonable expenses clarified.
Sec. 28: Citizenship
requirements for pregnant noncitizens clarified.
Sec. 29: Hospital emergency
room services coverage prohibited.
Sec. 30: Sex reassignment surgery coverage
by medical assistance prohibited.
Sec. 31: Circumcision for newborns not
covered by medical assistance.
Sec. 32: Dental service coverage modified.
Sec.
33: Drug coverage modified and expanded.
Sec. 34: Drug utilization review
board designation procedure clarified.
Sec. 35: Formulary committee staff
specifications clarified.
Sec. 36: Drug formulary exclusion of erectile
dysfunction or impotence drugs clarified.
Sec. 37: Drug coverage payment rates
modified.
Sec. 38: Prior authorization grants established.
Sec. 39: Medication
therapy management care coverage provided.
Sec. 40: Transportation cost
reimbursement rates adjusted.
Sec. 41: Co-payments modified for drugs.
Sec. 42:
Conforming change.
Sec. 43: Performance reporting and quality improvement
program established.
Sec. 44: Fee-for-service pilot intensive care management
program established.
Sec. 45: ¿Minnesota helath care programs¿ definition
modified.
Sec. 46: Transitional supports allowance provided.
Sec. 47: Employee
scholarship costs program established and selection criteria detailed.
Sec. 48:
Nonfederal share payment portion expanded.
Sec. 49: safety net provider payment
allocation clarified.
Sec. 50: Governmental entity payment reporting procedures
regulated.
Sec. 51: Technical language clarification.
Sec. 52: Eligibility
requirements for general assistance medical care expanded.
Sec. 53: Denture
coverage modified and conforming changes provided.
Sec. 54: Social security
number provision requirements clarified.
Sec. 55: ¿Gross individual or gross
family income¿ definition modified.
Sec. 56: ¿Income¿ definition
modified.
Sec. 57: Technical language modified.
Sec. 58: Pregnant woman
coverage eligibility clarified.
Sec. 59: Co-payments for nonpreventive visits
imposed.
Sec. 60: ¿Covered health services¿ definition modified.
Sec. 61:
Conforming change with section 54.
Sec. 62: ¿Cooperation¿ definition
modified.
Sec. 63: MinnesotaCare eligibility clarified.
Sec. 64: County agency
enrollment of individuals in MinnesotaCare regulated.
Sec. 65: Commissioner¿s
duties clarified relating to determining MinnesotaCare eligibility.
Sec. 66:
Coverage effective date modified.
Sec. 67: Eligibility renewal criteria
clarified.
Sec. 68: Commissioner¿s duties clarified.
Sec. 69: General
requirements specified.
Sec. 70: Individual eligibility for those with access
to postsecondary education institution health coverage eliminated.
Sec. 71:
Language clarified.
Sec. 72: Adult exception eligibility specified.
Sec. 73:
Ratable reduction total payment detailed.
Sec. 74: Sliding fee scale
clarified.
Sec. 75: Sliding scale exceptions clarified.
Sec. 76: Transitioned
adults exception provided.
Sec. 77: Single adults and households with no
children exceptions detailed.
Sec. 78-79: Limitations provided.
Sec. 80:
Contract amendment frequency modified.
Sec. 81: Nonemergency transportation
services advisory committee established.
Sec. 82: Health care services coverage
limits detailed for medical assistance, general assistance medical care, and
MinnesotaCare programs.
Sec. 83: Oral health care pilot project
established.
Sec. 84: Sole-source or single-plan managed care contract
established.
Sec. 85: Managed care planning process development required.
Sec.
86: Federal match directive for alternative care program provided.
Sec. 87:
Federal approval required.
Sec. 88: Repealer.

ARTICLE
9¿APPROPRIATIONS

Section 1: Health and human services appropriations summary
by fund provided.
Sec. 2: Commissioner of human services money
appropriated.
Sec. 3: Commissioner of health money appropriated.
Sec. 4:
Veterans nursing homes board money appropriated.
Sec. 5: Health-related board
money appropriated.
Sec. 6: Emergency medical services board money
appropriated.
Sec. 7: Council on disability money appropriated.
Sec. 8:
Ombudsman for mental health and mental retardation money appropriated.
Sec. 9:
Ombudsman for families money appropriated.
Sec. 10: Technical reference
added.
Sec. 11: Basic health care grant appropriations modified.
Sec. 12:
Transfers provided.
Sec. 13: Special revenue transfer for certain programs
provided.
Sec. 14: Indirect costs specified not to fund operational costs of
programs.
Sec. 15: Uncodified language sunset provided.
Sec. 16: Effective
date.

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