Legislative Session number- 82

Bill Name: SF3099

E Relating to human services ARTICLE 1 LICENSING Modifying certain human
services licensing provisions; including private licensing agencies in the
definition of welfare system for welfare data classification purposes, defining
private licensing agency; requiring the commissioner of human services to
provide active and inactive investigative data including names of reporters of
alleged maltreatment of minors or vulnerable adults to the ombudsman for mental
health and mental retardation upon request of the ombudsman; authorizing the
exchange of not public data relating to substantiated child or vulnerable adult
maltreatment with the department of corrections for licensing background studies
purposes; defining adult day care and annual or annually for licensure purposes;
making permanent a certain exclusion from licensing requirements for certain
board and lodge facilities serving mentally ill persons and clarifying the
exclusion from licensure requirements for services provided and funded according
to approved federal waiver plans; prohibiting the issuance of relative foster
care emergency licenses to persons potentially disqualified from licensure
through a background study; requiring applicants or license holders initiating
background checks and receiving information on the possible criminal or
maltreatment history resulting from the checks to immediately report the
information to the commissioner and clarifying the prohibition on access by
disqualified persons to persons served by the program; granting county agencies
access to criminal history data in the same manner as county licensing agencies
for background studies on legal nonlicensed child care providers to determine
eligibility for child care funds; modifying certain requirements for
reconsideration of disqualifications due to determinations of maltreatment,
modifying fair hearing requirements and specifying certain determinations or
dispositions considered to be conclusive; prohibiting program operation by
license holders appealing final immediate licensing sanctions pending the final
order; timely appeals of orders suspending or revoking licenses to stay the
suspension or revocation pending final order of the commissioner; providing for
the consolidation of certain hearings and reconsiderations; specifying certain
minimum sudden infant death syndrome (SIDS) prevention training requirements for
family and group family child care providers, requiring county licensing agency
approval; authorizing fire inspections by local fire code inspectors;
authorizing county agency variances for disqualified persons under certain
conditions, specifying certain county reporting requirements; modifying certain
standards of evidence for maltreatment and disqualification hearings ARTICLE 2
CONTINUING CARE AND HEALTH CAREExpanding the definition of project construction
costs under the nursing home bed moratorium to include the cost of new
technology and depreciable equipment, requiring inclusion in appraised value and
allowable debt for reimbursement determination purposes; expanding transition
planning grants eligibility to boarding care facilities; providing for optional
registration with the commissioner of health of housing with services
establishments not meeting certain resident age requirements, prohibiting the
establishments from providing group residential housing; modifying continuing
education requirements for case managers under the adult and children's mental
health acts; modifying a certain provision regulating interstate contracts for
mental health services, redefining agency and defining receiving state and
sending state; stating the purpose of the contracts relating to appropriate
treatment; expanding commissioner of human services and special contracting
authority, providing for civil commitment under certain conditions; eliminating
the authority of the commissioner of human services to administer a supplemental
drug rebate program for drugs purchased under the prescription drug program;
requiring the commissioner to act as the designated state agent for carrying out
certain responsibilities required under the federal Ryan White comprehensive
AIDS resources emergency (CARE) act, requiring rebates collected from
pharmaceutical manufacturers on drugs purchased with federal AIDS drug
assistance program funds to be deposited into the ADAP account in the special
revenue fund and used for administration of the federal act; authorizing nursing
homes between certain dates to elect to assume full participation in the medical
assistance (MA) program by agreeing to comply with the requirements of the
program and to begin to receive medical assistance recipients, providing for the
determination of rates and rate adjustments; requiring the drug formulary
committee to consider data from the state medicaid program in developing prior
authorization criteria, requiring the commissioner to provide advance notice of
drug prior authorization requirements, authorizing appeal of prior authorization
denials, requiring provision of the drug without prior authorization pending a
decision, prohibiting prior authorization requirements for antipsychotic drugs
or temporarily for antihemophilic factor drugs without generic equivalents,
commissioner patient safety determination exception, prohibition to apply to
supplemental drug rebate programs established or administered by the
commissioner; expanding coverage for special education services under medical
assistance to school nurse administration of medications identified in
individual education plans (IEP) and expanding medical assistance coverage for
providers of family community support services, home based mental health
services or therapeutic support of foster care services under certain
conditions; recodifying and modifying the provision providing medical assistance
coverage for case management services for vulnerable adults and adults with
developmental disabilities; requiring recipients choosing to use the shared
personal care assistant services option under medical assistance to utilize the
same fiscal intermediary; expanding exceptions to nursing facility preadmission
screening requirements to certain short term stay residents admitted directly
from a hospital, requiring notice of eligibility for long term care consultation
services, requiring assessment for longer stays; modifying the provision
providing eligibility for case management services for certain nursing or
certified boarding care home, hospital or intermediate care facility residents
and clarifying certain other covered services under the medical assistance
alternative care program; modifying the limit on annual and cash payments for
other services for all clients in a county; modifying the supervision
requirement for coverage for personal care services provided by relatives;
granting the state immunity from liability for damages or injuries sustained
through the purchase of direct supports or goods under the program; requiring
written notice of denial of alternative care and eliminating a certain monthly
client premium calculation requirement; requiring provider enrollment as
Minnesota health care program providers; authorizing adjustment of the initially
approved monthly conversion rate under the elderly waiver by certain
legislatively adopted cost of living increases; requiring initial assessments of
client strengths, informal supports and need for services under the elderly
waiver, requiring elderly waiver clients to be provided a copy of the written
care plan and specifying certain services and supports requirements; expanding
the persons authorized for provider face to face contact for medical assistance
or MinnesotaCare payment of targeted case management services for vulnerable
adults and persons with developmental disabilities; modifying certain region 10
quality assurance pilot project federal and rule waiver requirements; subjecting
the provision relating to division of cost between the state and county for
certain longer term nursing facility placements of certain persons with
disabilities under medical assistance to requirements of the unitary residence
and financial responsibility act and exempting placements in facilities not
certified to participate in medical assistance from the cost division
requirement; providing for commissioner negotiation in lieu of contracting with
nursing facilities eligible to receive medical assistance payments to provide
services to ventilator dependent persons and specifying the payment rate limit
upon implementation of the RUGs based case mix system; modifying and clarifying
certain provisions under the nursing facility planned closure program;
authorizing nursing facilities receiving a planned closure rate adjustment to
reassign the adjustment to another facility under the same ownership within a
certain number of years of the effective date, providing for computation,
requiring commissioner recalculation of planned closure rate adjustments for
facilities delicensing beds after a certain date to reflect increases in per bed
dollar amounts; specifying a timeline for implementation of reimbursement
classifications established under the case mix system; requiring the operating
payment rate for intermediate care facilities for persons with mental
retardation and related conditions (ICF MR) to be adjusted for increases in
department of health licensing fees; authorizing managed care plans under the
medical assistance prepayment demonstration project, MinnesotaCare and general
assistance medical care (GAMC) to include as admitted assets amounts withheld
and expected to be returned; increasing the medical assistance rates for
outpatient mental health services provided by certain outpatient rehabilitation
facilities; eliminating the requirement of the commissioner to seek federal
funding to offset costs for GRH services; requiring the commissioner of human
services to study case management services for persons with disabilities and
report to the legislature by a certain date on strategies to improve and enhance
the services; requiring prepaid health plans to pass through to service
providers the mental health services rate increase; authorizing commissioner use
of community services development grants for the development of housing options
for certain persons residing in nursing facilities; requiring the commissioners
of human services and the housing finance agency (HFA) to make recommendations
to the long term care task force by a certain date on ways to increase the
ability of persons with disabilities to access affordable housing, specifying
certain recommendations requirements; requiring the commissioner of human
services to review and report to the legislature by a certain date on the cost
effectiveness of prior authorization of prescription drugs in the fee for
service medical assistance program; requiring the commissioners of human
services and children, families and learning and state services for the blind to
meet with deaf blind persons and the Minnesota commission serving deaf and hard
of hearing individuals to determine the most efficient and effective agency to
develop and administer a pilot program for consumer directed services to deaf
blind adults, children and families, requiring the agency developing the pilot
program to report to the legislature by a certain date, specifying certain
report content requirements; requiring the commissioner of human services to
combine the existing biennial base level funding for deaf blind services into a
single grant program and specifying authorized grant awards; requiring the
commissioner to study and report to the legislature by a certain date on the
feasibility of expanding medical assistance benefits to certain deaf blind
services and exempting the study from the consulting contract moratoriumARTICLE
3 MISCELLANEOUS Modifying the requirement for annual transfer of a certain
amount of money in the academic health center account to the commissioner of
health for distribution to the university of Minnesota board of regents for
academic health center costs; requiring commissioner of children, families and
learning approval of all education programs for placement of children and youth
in care and treatment facilities before licensure by the departments of human
services or corrections and requiring the programs to conform to state and
federal education laws, defining care and treatment placement, specifying the
responsibility of the school district of facility location for the provision of
education services, designating the department of corrections as the providing
district for education programs operated by the department, specifying certain
education services, individual education plan (IEP) and exit report requirements
and providing for reimbursement for the services; requiring charter schools to
generate state special education aid based on current year expenditures for the
first years of operation; requiring the commissioner of health to post on the
department web site information relating to unidentified deceased persons for
identification assistance purposes; extending the availability of rural hospital
capital improvement grant funds until expenditure by the grantee; prohibiting
health care providers from charging fees for copies of patient health care
records requested to appeal denials of social security benefits; requiring
legislative approval of rules adopted after a certain date by the commissioner
of health relating to the clean indoor air act, exceptions; eliminating a
certain continuing education requirement relating to infection control for
acupuncture practitioners licensure renewal purposes; relieving counties of
certain poor relief obligations, defining poor relief, exempting county agencies
from the responsibility to provide income support or cash assistance to needy
persons no longer eligible for assistance under the general assistance (GA),
Minnesota family investment (MFIP) or Minnesota supplemental aid (MSA)
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