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Legislative Session number- 83

Bill Name: SF1532

E Relating to human services; making changes to public assistance + and health
care programs, long term care, continuing care for persons with +disabilities,
occupational licenses, children's and mental health services and +certain
criminal justice provisions; providing for the organization, +operation and
financing of state governmentARTICLE 1 � WELFARE REFORMPrioritizing persons no
longer eligible for diversionary work program+ supports for transitional year
child care under the basic sliding fee program; eliminating the food assistance
program limit to certain noncitizens;+ defining qualified professional under the
Minnesota family investment program; eliminating the requirement for county
agencies to count a portion of subsidized rents as unearned income for MFIP
standard of need +determination purposes; authorizing county agency recovery of
overpayments to +caregivers; prohibiting appeal requests from extending
diversionary work program +benefits beyond a certain limit; clarifying an
exemption from the 60 month +limit on the receipt of assistance for persons over
a certain age and exempting +receipt of DWP benefits from the limit and hardship
extension eligibility for +certain participants; modifying the sanction policy
for extended cases; +modifying the time limits for counties to provide
employment and training services +to certain caregivers and for MFIP
participants to inform job counselors of +employment status changes;
establishing a new diversionary work program using +temporary assistance for
needy families (TANF) funds, specifying eligibility +requirements and providing
for grants; repealing the definition of professional certification, a certain
provision establishing the status of +participants disqualified from hardship
extension eligibility and certain laws +relating to noncitizen disqualification
for state funded programs and to certain +pilot projects to test alternative
approaches to improve compliance with +MFIP work requirements ARTICLE 2 �
HEALTH CARERequiring the commissioner of human services to use physician clinic
+rates in maximizing federal financial participation in medical education and
+research costs; requiring drug manufacturers to periodically report certain
+pricing criteria for each drug to the board of pharmacy and the commissioner,
classifying the information reported as trade secret information; +modifying
certain rebate requirements under the drug rebate program and +requiring the
commissioner to evaluate the effectiveness of participation in a +multistate
preferred drug list and supplemental rebate program in reducing costs+ or
improving operations of the medical assistance program, authorizing +certain
contracts; modifying the income eligibility of certain seniors for +the
prescription drug program; restricting payments under medical +assistance (MA),
MinnesotaCare and general assistance medical assistance to out of +state
hospitals and delaying the rebasing of certain hospital payment +rates; reducing
the total payment for fee for service inpatient admissions after a +certain
date, excepting certain mental health services from the reduction; +requiring
and providing for the board on aging to establish and administer a +prescription
drug assistance program to assist individuals in accessing programs +offered by
pharmaceutical manufacturers providing free or discounted +prescription drugs or
providing coverage for the drugs; specifying certain income +deductions for
children and eliminating certain income disregards for pregnant women+ and
infants for medical assistance eligibility purposes; modifying +certain medical
assistance eligibility requirements for employed persons with +disabilities and
eliminating the determination of eligibility for certain applicants +in the
month of application; providing medical assistance coverage for +dental services
provided by licensed denturists and modifying coverage for certain +drugs and
exempting atypical antipsychotic drugs from prior authorization +requirements
under certain conditions; modifying the membership and duties of the +drug
formulary committee, providing for the payment of honoraria for +member
attendance at meetings and for reimbursement for mileage; requiring +the
commissioner to develop a demonstration project to provide culturally+ specific
pharmaceutical care to American Indian recipients over a certain age;+ modifying
provisions relating to special modifying coverage for certain +transportation
costs; requiring and providing for the commissioner in consultation +with the
commissioner of health to periodically establish a list of health +care services
ineligible for coverage under the medical assistance, GAMC and +MinnesotaCare
programs; making continued medical assistance eligibility for certain recipients
contingent on federal funding; imposing a temporary county+ share of medical
assistance costs, requiring state reimbursement after a +certain date; providing
for the allocation of certain intergovernmental transfers +to certain hospitals
and clarifying certain provisions providing for the +inclusion of Fairview
university medical center under the program; reducing +medical assistance
payments for hospital emergency room and outpatient +services and clinic visits,
excluding Indian health service facilities; modifying +certain enrollment
eligibility and payment provisions under the prepayment demonstration project
(PMAP); requiring medical assistance payments +for physician and professional
services after a certain date to be based +on medicare relative value units
(RVUs), change to be budget neutral, +providing for increased reimbursement for
certain rehabilitation services +provided by designated essential community
providers under certain conditions; +eliminating GAMC eligibility in the month
of application and requiring more +frequent renewal of MinnesotaCare enrollee
eligibility based on the +operational status of the HealthMatch system;
requiring more frequent payment of +MinnesotaCare premiums; modifying
MinnesotaCare eligibility for children relating +to employer subsidized or other
health coverage, requiring the commissioner to +collect the premium
contributions from employers choosing to participate in the +employer subsidized
coverage exemption provided for certain children; removing+ the exemptions from
the health care providers gross earnings tax and the +health plan companies
insurance gross premium tax for payments received +under the medical assistance,
GAMC and MinnesotaCare programs; requiring the +commissioner in consultation
with the commissioner of transportation (DOT) and +special transportation
service providers to review special transportation +service eligibility criteria
and potential cost savings and to present +recommendations for changes to the
legislature by a certain date, restricting use by +the commissioner of human
services of brokers or coordinators to the +services; authorizing the
commissioner to temporarily exempt certain managed +care plans from certain
withhold requirements under certain conditions; +requiring the commissioner to
seek a pharmacy plus federal waiver for the +prescription drug program, to
evaluate the effectiveness of participation in multistate+ or multiagency drug
purchasing programs in reducing costs or improving +operations of drug benefit
programs and to assess the cost savings generated by +mail order dispensing of
prescription drugs to medical assistance, GAMC and +prescription drug program
recipients, requiring reports to the legislature by +certain dates; authorizing
the commissioner to accept grants or donations from +nonprofit charitable
foundations to increase dental access in the medical +assistance program;
limiting coverage of certain health care diagnosis/treatment+ pairings under the
medical assistance, GAMC and MinnesotaCare programs; +repealing the requirement
for the commissioner to annually report to the +legislature on the prescription
drug program and medical assistance coverage for +intensive early intervention
behavior therapy services for children with autism +spectrum disorders ARTICLE 3
� HEALTH MISCELLANEOUSModifying the definition of major spending commitment
for expenditure+ reporting purposes and specifying certain reporting
requirements of health care+ providers intending to make a major spending
commitment in excess of a certain +amount of money for medical equipment or for
a capital project, authorizing +retrospective reviews by the commissioner of
health; authorizing the commissioner +to audit referral patterns of providers
qualifying for exceptions under the +federal Stark law; modifying certain
medical education and research costs +(MERC) distribution provisions; requiring
the commissioner to accept an +application for designation as an essential
community provider from a certain +nonprofit community clinic in Hennepin county
providing health care to an +underserved American Indian population and
collaborating with other neighboring organizations on a community diabetes
project and an immunization +project, deadline; requiring health plan coverage
of communication aids or +devices for children with hearing loss due to
functional congenital malformation +of the ears not correctable by other covered
procedures; imposing fees for commissioner approval of plans and specifications
for public swimming+ pool and spa construction, installation, alteration or
variance requests and +for review of plumbing system plans and specifications;
changing the program for+ testing infants for metabolic errors to the program
for testing infants for +heritable and congenital disorders, requiring
commissioner appointment of an +advisory committee; modifying the penalties for
breach of contract under the +national health services corps state loan
repayment program; establishing a +health professional education loan
forgiveness program for certain medical practitioners agreeing to practice in
underserved urban communities +and modifying the dentists loan forgiveness
program for programs +equivalency purposes; expanding the provision prohibiting
the deposit of sewage +or other matter impairing the healthfulness of domestic
use water supplies +into ponds or streams to deposit in areas leaching into
groundwater and granting +the commissioner access to and release of certain
pesticide records to +determine appropriate medical care for exposed individuals
and to evaluate a +possible public health threat, restricting further
disclosure; providing for +the effectiveness of the tobacco use prevention and
local public health +endowment fund and modifying certain local public health
promotion and +protection funding requirements; eliminating the authority of
patients in chemical +dependency treatment or mental health programs to smoke
under the clean indoor +air act and prohibiting patients, staff, guests or
visitors on the grounds of or +in state regional treatment centers, the
Minnesota security hospital, the +Minnesota sex offender program or the
Minnesota extended treatment options program +from possessing or using tobacco
or tobacco related devices; increasing +certain license and training program
fees charged by the emergency medical +services regulatory board and modifying
the distribution of the EMS fund; +requiring information on all federal drug
administration (FDA) approved methods+ of contraception including natural family
planning to be offered to +women before performing abortions; imposing certain
additional fees on the +registration of speech language pathologists and
audiologists and modifying certain +fee requirements for occupational therapists
and hearing instrument +dispensers; specifying certain reference and cross
reference deletion +instructions to the revisor of statutes; repealing the
health technology advisory +committee, the health data institute, the free
inborn metabolic errors testing +program, certain loan forgiveness and education
grant programs for certain +medical professionals and nursing facility
transition planning and long term +care innovations in quality demonstration
grants and certain rules +relating to certain loan forgiveness programs ARTICLE
4 � LONG TERM CARECreating an exception to the nursing home bed moratorium to
add a +certain number of beds to an existing facility in St. Louis county under
+certain conditions; increasing the nursing home license surcharge, +authorizing
reduction and subsequent restoration by the commissioner of human +services;
extending the deadline for enrollment of nursing homes in the medical assistance
(MA) program; modifying the alternative care program and +certain nursing
facility reimbursement provisions under medical assistance +and continuing the
suspension of the automatic rate adjustment provision +under the nursing home
contractual alternative payment demonstration project; +authorizing a certain
nursing facility voluntarily delicensing beds without a closure plan to assign a
planned closure medical assistance +reimbursement rate adjustment to a certain
other nursing facility under common ownership and prohibiting the commissioner
from rescinding the rate +adjustments to the facilities with the lowest rates in
the development region; +modifying certain provisions under the group
residential housing (GRH) act; +specifying certain internal cross reference
deletion instructions to the revisor+ of statutes; repealing the seniors agenda
for independent living (SAIL) +project and the requirement for the commissioner
to plan and develop +community based services upon nursing home voluntary
the family support program for persons with children with +mental retardation,
expanding the program to families with children with +disabilities; placing
certain limits on the consumer support program for +individuals with functional
limitations; imposing an annual surcharge per licensed bed+ on intermediate care
facilities for persons with mental retardation and +related conditions and
specifying a payment schedule; modifying certain +qualification requirements
for relocation targeted case management providers under +medical assistance
(MA); providing medical assistance coverage for personal +care assistant
services of licensed social workers, modifying the +definition of responsible
party for coverage purposes, eliminating coverage for +certain services provided
by relatives and modifying certain requirements for+ flexible use of personal
care assistant hours; extending the time limit for +face to face nursing
facility admission assessment of individuals under a certain +age following a
telephone screening admission; authorizing the +commissioner of human services
and the White Earth Indian reservation to develop a +model for tribal management
of the elderly waiver program and to implement the +model through a contract
between the state and the reservation; authorizing+ nursing facilities to meet
the requirement for advance notice of rate changes+ to private paying residents
by informing the residents or persons +responsible for payments on or before the
effective date of the increase under +certain conditions relating to failure of
the state to set rates by the +required deadline; increasing the total operating
payment rate for ICF/MR +facilities for license surcharge reimbursement
purposes; authorizing the +commissioner to designate a certain number of beds in
ICF/MR facilities statewide to +provide crisis respite for medically fragile
individuals; requiring the +commissioner to allow a certain existing ICF/MR in
Goodhue county to be converted to +a certain number of separately licensed or
certified cottages serving a certain+ number of children; specifying certain
internal cross reference deletion +instructions to the revisor of statutes;
repealing the individual service plan under +the family support program, the
region 10 quality assurance project, temporary +ICF/MR rate adjustments to
address occupancy and access and a certain requirement+ for the commissioner to
fund the establishment of public guardianship +alternatives by county agencies
ARTICLE 6 � OCCUPATIONAL LICENSINGModifying certain requirements for the
licensing of alcohol and drug +counselors by the commissioner of health and
requiring and providing for the +licensing and regulation of denturists and the
practice of denturism by the board +of dentistry; repealing certain rules
providing for the licensing of +alcohol and drug counselors ARTICLE 7 �
CHILDREN'S SERVICESAuthorizing family services or children's mental health
+collaboratives to consolidate decision making, pool resources and collectively
act on +behalf of individual collaboratives upon agreement among the
participating collaboratives; creating an exception to the hospital construction
+moratorium for a certain number of psychiatric facilities or units for children
+approved by the commissioner of human services; requiring and providing for
+county boards to provide for mental health screening of certain children
+receiving certain protective services or under court jurisdiction; providing
+medical assistance (MA) coverage for children's mental health crisis response+
services, children's therapeutic services and supports and subacute psychiatric+
care for persons under a certain age; eliminating medical assistance coverage
+for certain residential services for children with severe emotional
+disturbance; providing adoption assistance eligibility for certain Indian
+children; requiring and providing for the juvenile court to provide for mental
+health screening of children alleged or found to be delinquent, authorizing
+use of the results in disposition decisions; requiring the commissioner of
human+ services in conjunction with the commissioner of corrections to develop a
plan+ to secure medical assistance funding for mental health related services
+provided in out of home placement settings and report to the legislature by a
certain+ date; specifying certain internal cross reference deletion instructions
to +the revisor of statutes; repealing certain provisions and rules +providing
medical assistance coverage for certain existing community and therapeutic
Expanding the prohibition on uncompensated asset transfers for +medical
assistance eligibility determination purposes; delaying the start of +the period
of ineligibility for uncompensated transfers and modifying the +formula the
number of months of ineligibility, providing a cause of action for +recovery of
medical assistance received during ineligibility periods; restricting+ the
homestead exception to the transfer prohibition and the transfer of nonhomestead
assets; modifying certain provisions regulating medical +assistance claims
against estates, providing for policy, applicability, purpose +and construction,
removing the exclusion of alternative care payments, +providing for state agency
filing of notices of potential claim and for +subsequent liens against real
estate interests, establishing certain policies relating+ to survivors and
providing for release; providing for the placement of +liens for medical
assistance on life estates and joint tenancies and +alternative care liens on
real property, coordinating the provisions with the +classification of creditors
claims under the uniform probate code ARTICLE 9 � ADULT MENTAL HEALTH AND
contract with providers willing to provide +mental health case management
services under medical assistance (MA); providing +medical assistance coverage
for certain medically necessary intensive +rehabilitative mental health services
subject to federal approval, specifying +certain eligibility requirements and
certain standards for residential and nonresidential services providers;
providing medical assistance +coverage for physician assistants providing
medication education services under +adult rehabilitative mental health services
and modifying provider entity certification and certain provider staff
qualification requirements, authorizing the acceptance of certain previous
diagnostic assessments+ for initial implementation of adult rehabilitative
mental health services+ until a certain date; providing for coverage of the
services under certain +prepaid plans; providing for alternative placement for
certain criminal +offenders with serious and persistent mental illness and for
the establishment of +alternative living programs for certain offenders with
mental illness by the +commissioner of corrections, specifying certain
evaluation requirements; requiring+ the commissioner of human services to
approve additional rule 36 licenses+ to accommodate alternative living programs
for certain offenders with +mental illness under certain conditions and
requiring applicants for +licensure of rule programs to provide alternative
living programs to be given + special financing consideration and priority by
the housing finance agency +(HFA) ARTICLE 10 � DEPARTMENT OF HUMAN SERVICES
MISCELLANEOUSRequiring the commissioner of human services to obtain federal
+financial participation for eligible activity by the ombudsman for mental
+health and mental retardation; modifying certain human services programs
license+ fee requirements, prohibiting the commissioner from issuing licenses or
certifications before the payment of required fees; authorizing the commissioner
to temporarily issue adult foster care licenses with a +certain additional
capacity under certain conditions; regulating the use of +cribs in licensed
child care settings, requiring the commissioner to maintain +a link from the
licensing division web site to the federal consumer product +safety commission
web site addressing crib safety information; modifying +certain requirements for
parental contributions to the cost of services to children with mental
retardation; exempting treatment facilities +holding persons under civil
commitment emergency admission for detoxification from certain +release notice
requirements upon determination of the nonintoxicated status of the persons
held; +requiring and providing for payment for services by counties and other
entities +using the Minnesota merit system, exception, providing for withdrawal
of +counties with personnel systems meeting federal merit system requirements
from the +state system; establishing hearing and appeal procedures for certain
human +services matters; providing for increased adult foster care capacity to
serve+ persons with mental retardation, federal waiver requirement; requiring
the +commissioner to obtain federal financial participation for eligible
activity by +the ombudsperson for families; expanding the definition of agency
under +the adoption assistance program to Minnesota federally recognized Indian
+tribes; requiring the commissioner to seek federal funding to participate in
+grant activities authorized under the federal ticket to work and work
+incentives improvement act of 1999 to maintain the independence and employment
+of workers with potentially severe physical or mental impairments; repealing
the expiration date of the council on disability ARTICLE 11 � PROGRAMS AND
LEARNINGModifying certain provisions relating to the determination of
+eligibility for child care assistance, requiring a parent fee under the sliding
fee +scale and specifying certain provider requirements, establishing the
+reimbursement rate for legal nonlicensed family child care providers, expanding
the +duties of child care resource and referral programs, the membership
+representation requirements for the statewide advisory task force and fraud
+disqualification provisions to child care assistance and modifying the parent
fee +schedule; repealing the at home infant care program and a certain annual
child +care report requirement of the commissioner of children, families and
+learning ARTICLE 12 � APPROPRIATIONSAppropriating money to the commissioner
of human services for agency management, for revenue and pass through of federal
temporary +assistance for needy families funds, for children's services grants
including +adoption assistance and fetal alcohol spectrum disorder (FASD)
programs and +services, for child care services management, for health care
grants, for the prescription drug program, for health care management, policy
+administration and operations, for state operated services, for continuing care
+grants including the seniors agenda for independent living (SAIL), mental
+health counseling for farm families and certain compulsive gambling +programs,
for community support grants, for medical assistance (MA) long term care
facilities, home care alternative care, group residential housing +(GRH) and
chemical dependency grants, for continuing care management, for the +Minnesota
family investment program (MFIP), for economic support grants, +management and
policy administration and for child support enforcement, general +assistance
(GA), Minnesota supplemental aid (MSA) and refugee services grants, +to the
commissioner of children, families and learning for child care +programs and
development, for economic opportunity grants, for food shelf programs+ and for
family assets for independence, to the commissioner of health for +health
improvement, for health quality and access, for transfer to the CFL commissioner
for regional training sites for HIV/STI education in +schools and for management
and support services, to the veterans homes, emergency+ medical services (EMS)
regulatory and health related licensing boards, to the+ council on disability
and to the ombudspersons for mental health and mental +retardation and for
families; specifying certain funds deposit requirements; +authorizing, requiring
or providing for certain fund transfers; limiting certain expenditures and
carryovers; restricting TANF expenditure reports and+ requiring and providing
for the commissioner of human services to meet certain +federal TANF maintenance
of effort requirements; shifting payments to +counties for certain developmental
disabilities grants; increasing the capitation +rate under the medical
assistance prepayment demonstration project; specifying +certain requirements
for out of home placements; providing for updating to +federal poverty
guidelines for basic health care grants eligibility purposes;+ providing for
managed care rate increases; delaying certain payments to medical assistance and
general assistance medical care (GAMC) providers; +modifying certain prepaid
medical programs funding requirements; providing for +the restructuring of state
operated and adult mental health services; +requiring and providing for certain
rate and allocation reductions for continuing +care programs; requiring a
commissioner of human services centers for +independent living study; requiring
the commissioner to reduce the growth in the +MR/RC waiver and to manage the
growth in the TBI waiver; delaying +implementation of the targeted case
management benefit for home care recipients and of +the common service menu
option within the home and community based waiver; +requiring the commissioner
to set the monthly standard of assistance for certain +general assistance units;
prohibiting reimbursement of retailers for +electronic benefit transfer
transaction costs; providing for the availability of certain appropriations;
prohibiting the commissioners of health and human +services from using indirect
cost allocations to pay for program operational costs; sunsetting uncodified
language; repealing a certain obsolete TANF/MOE requirementARTICLE 13 � HEALTH
appropriations to the commissioners of +human services and health for certain
health and human services programsARTICLE 14 � DEPARTMENT OF HUMAN SERVICES
HEALTH CARE POLICY +AMENDMENTSRequiring the commissioners of health and human
services to biennially report to the legislature on the status of the+ full
range of long term care services for the elderly, specifying certain +report
content requirements; making certain technical corrections in certain+ human
services licensing, medical assistance (MA) and MinnesotaCare +provisions;
modifying and clarifying a certain provision providing for the +assignment of
medical assistance benefits to medical support and third party +payments;
authorizing the commissioner of human services to suspend or +terminate vendor
participation in the medical assistance program without providing +advance
notice and the opportunity for hearing upon vendor exclusion from +participation
in medicare, specifying certain subsequent notice requirements; +removing a
certain provision relating to the assignment of benefits under +general
assistance medical care (GAMC) and the effect on benefits paid under +automobile
accident and private health care coverage to comply with federal law;+ requiring
petitions alleging a child to be in need of protection or services to+ state the
efforts of the responsible social services agency to finalize a plan +for
permanent placement; requiring a certain report on long term care +services to
address strategies for increasing the purchase of long term care +insurance and
feasibility of offering government or private sector loans or lines +of credit
to senior citizens for the purchase of long term care services; +repealing the
senior drug discount program, a certain obsolete reporting +requirement of the
commissioners of health and human services on long term care for the +elderly, a
certain requirement for the commissioner of human services to monitor+ and
analyze the distribution of older adult services and a certain +annual
reporting requirement of the commissioner on the cost of increasing +the income
standard and provider rates under medical assistance based on +inflation and
certain obsolete rules regulating certain services for older adultsARTICLE 15
� CHILD SUPPORT FEDERAL COMPLIANCERequiring the department of public safety to
disclose social security+ numbers in drivers license and motor vehicle
registration records to the +department of natural resources (DNR) for license
application administration +purposes and requiring applicants for noncommercial
game and fish licenses and +applicants for all identification cards, drivers
licenses or instruction permits to provide social security numbers on
application forms, requiring certification by applicants without +social
security numbers; classifying the data obtained by the commissioner +of natural
resources through game and fish license applications, requiring +provision to
the department of human services for child support enforcement +purposes in
accordance with federal law; prohibiting the display, encrypting or +encoding of
applicant social security numbers on drivers licenses or ID cards; +modifying
certain provisions relating to occupational and drivers license +suspension for
child support enforcement purposes for procedure consistency +purposes;
modifying certain administration requirements for federal funds +received for
access and visitation programs, authorizing the commissioner of human+ services
to distribute the funds on a competitive basis and requiring the +commissioner
to monitor, evaluate and report on access and visitation programs in +compliance
POLICY PROVISIONS Appropriating money to the commissioner of corrections for
+correctional institutions and juvenile and community services including grants
to +counties to assist in incarcerating short term offenders and grants for
+restorative justice programs and for operations support, to the board of public
+defense and to the sentencing guidelines commission; requiring the commissioner
+to charge a per diem under contracts to rent beds in the Rush City correctional
+facility for state correctional system operation purposes, prohibiting use for+
the faith based prerelease program; expanding the authority of the commissioner+
to double bunk inmates, requiring correctional institutions classified as
+custody level five to permit multiple occupancy not to exceed facility
+infrastructure and programming space limits; regulating the frequency of meals
provided +to inmates in state correctional facilities; increasing the surcharge
on +criminal and traffic offenders collected by district court administrators
and +providing for disbursement; requesting the supreme court to temporarily
impose a +surcharge on attorney license renewals to support the public defender
system; +requiring felony inmates with a remaining term of imprisonment of a
certain +number of days or less to serve the remainder of the term at a
workhouse, work +farm, county jail or other local correctional facility,
defining remaining +term of imprisonment; requiring probation officers to
provide to the court +before sentencing hearings jail credit determinations;
expanding the crime +of fourth degree assault to assault of community crime
prevention group members+ engaged in neighborhood patrol, defining community
crime prevention group; +authorizing and providing for the state public defender
to investigate decisions,+ acts and other matters of the department of
corrections to promote the highest attainable standards of competence,
efficiency and justice in +corrections administration and granting the office
certain powers, prohibiting +certain actions against the state public defender
or staff members and +providing for selection of matters for investigation;
requiring law enforcement +agencies and prosecuting authorities in first class
cities to notify requesting +community crime prevention groups of the outcome of
criminal investigations and proceedings; repealing the office of ombudsman for
corrections (mk, ja)