1.1 	A bill for an act
1.2 	relating to health; establishing the health and human services budget; modifying 
1.3 	provisions governing health care, health insurance, Department of Human Services 
1.4 	operations, Department of Health, and MNsure; requiring care coordination; 
1.5 	modifying medical cannabis requirements; permitting licensed hemp growers to 
1.6 	sell hemp to medical cannabis manufacturers; permitting electronic monitoring in 
1.7 	health care facilities; requiring hospital charges disclosure; modifying public 
1.8 	interest review; authorizing statewide tobacco cessation services; modifying 
1.9 	requirements for PPEC centers; modifying benefits for MnCare and MA for adults; 
1.10 	requiring physicians to allow the opportunity to view ultrasound imaging prior to 
1.11 	an abortion; prohibiting abortions after 20 weeks post fertilization; requiring health 
1.12 	care facilities to post the women's right to know information on their website; 
1.13 	modifying the positive alternatives grant eligibility; modifying the SHIP program; 
1.14 	requiring coverage of 3D mammograms as a preventive service; exempting certain 
1.15 	seasonal food stands from licensure; adjusting license fees for social workers and 
1.16 	optometrists; requiring reports; making technical changes; appropriating money;
1.17 	amending Minnesota Statutes 2018, sections 16A.055, subdivision 1a; 18K.03; 
1.18 	62A.30, by adding a subdivision; 62J.495, subdivisions 1, 3; 62V.05, subdivisions 
1.19 	2, 5, 10; 62V.08; 144.1506, subdivision 2; 144.3831, subdivision 1; 144.552; 
1.20 	144.586, by adding a subdivision; 144.966, subdivision 2; 144H.01, subdivision 
1.21 	5; 144H.04, subdivision 1, by adding a subdivision; 144H.06; 144H.07, subdivisions 
1.22 	1, 2; 144H.08, subdivision 2; 144H.11, subdivisions 2, 3, 4; 145.4131, subdivision 
1.23 	1; 145.4235, subdivision 2; 145.4242; 145.4244; 145.928, subdivisions 1, 7; 
1.24 	145.986, subdivisions 1, 1a, 4, 5, 6; 148.59; 148E.180; 152.126, subdivision 6; 
1.25 	152.22, subdivision 6, by adding a subdivision; 152.25, subdivision 4; 152.28, 
1.26 	subdivision 1; 152.29, subdivisions 1, 2, 3, 3a; 152.31; 157.22; 256B.04, 
1.27 	subdivision 14; 256B.056, subdivisions 1, 3, 7a; 256B.0625, subdivision 56a, by 
1.28 	adding a subdivision; 256B.69, subdivisions 4, 31; 256L.03, subdivision 5, by 
1.29 	adding a subdivision; 525A.11; Laws 2015, chapter 71, article 12, section 8; 
1.30 	proposing coding for new law in Minnesota Statutes, chapters 8; 144; 145; 254A; 
1.31 	256B; proposing coding for new law as Minnesota Statutes, chapter 245I; repealing 
1.32 	Minnesota Statutes 2018, sections 16A.724, subdivision 2; 144.1464; 144.1911; 
1.33 	256B.0625, subdivision 31c.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	ARTICLE 1
2.3 	DEPARTMENT OF HEALTH

2.4 	Section 1. [8.40] LITIGATION DEFENSE FUND.
2.5 	(a) There is created in the special revenue fund an account entitled the Pain-Capable 
2.6 	Unborn Child Protection Act litigation account for the purpose of providing funds to pay 
2.7 	for any costs and expenses incurred by the state attorney general in relation to actions 
2.8 	surrounding defense of sections 145.4141 to 145.4147.
2.9 	(b) The account shall be maintained by the commissioner of management and budget.
2.10 	(c) The litigation account shall consist of:
2.11 	(1) appropriations made to the account by the legislature; and
2.12 	(2) any donations, gifts, or grants made to the account by private citizens or entities.
2.13 	(d) The litigation account shall retain the interest income derived from the money credited 
2.14 	to the account.
2.15 	(e) Any funds in the litigation account are appropriated to the attorney general for the 
2.16 	purposes described in paragraph (a).

2.17 	Sec. 2. Minnesota Statutes 2018, section 18K.03, is amended to read:
2.18 	18K.03 AGRICULTURAL CROP; POSSESSION AUTHORIZED.
2.19 		Subdivision 1. Industrial hemp. Industrial hemp is an agricultural crop in this state. A 
2.20 	person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant 
2.21 	to this chapter.
2.22 		Subd. 2. Sale to medical cannabis manufacturers. A licensee under this chapter may 
2.23 	sell hemp products derived from industrial hemp grown in this state to medical cannabis 
2.24 	manufacturers as authorized under sections 152.22 to 152.37.

2.25 	Sec. 3. Minnesota Statutes 2018, section 62J.495, subdivision 1, is amended to read:
2.26 		Subdivision 1.Implementation. By January 1, 2015, all hospitals and health care 
2.27 	providers, as defined in section 62J.03, subdivision 8, must have in place an interoperable 
2.28 	electronic health records system within their hospital system or clinical practice setting.
2.29 	The commissioner of health, in consultation with the e-Health Advisory Committee, shall 
2.30 	develop a statewide plan to meet this goal, including uniform standards to be used for the 
3.1 	interoperable electronic health records system for sharing and synchronizing patient data 
3.2 	across systems. The standards must be compatible with federal efforts. The uniform standards 
3.3 	must be developed by January 1, 2009, and updated on an ongoing basis. The commissioner 
3.4 	shall include an update on standards development as part of an annual report to the legislature. 
3.5 	Individual health care providers in private practice with no other providers and health care 
3.6 	providers that do not accept reimbursement from a group purchaser, as defined in section 
3.7 	62J.03, subdivision 6, are excluded from the requirements of this section.

3.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.9 	Sec. 4. Minnesota Statutes 2018, section 62J.495, subdivision 3, is amended to read:
3.10 		Subd. 3.Interoperable electronic health record requirements.  (a) To meet the 
3.11 	requirements of subdivision 1, Hospitals and health care providers must meet the following 
3.12 	criteria when implementing an interoperable electronic health records system within their 
3.13 	hospital system or clinical practice setting.
3.14 	(b) The electronic health record must be a qualified electronic health record.
3.15 	(c) The electronic health record must be certified by the Office of the National 
3.16 	Coordinator pursuant to the HITECH Act. This criterion only applies to hospitals and health 
3.17 	care providers if a certified electronic health record product for the provider's particular 
3.18 	practice setting is available. This criterion shall be considered met if a hospital or health 
3.19 	care provider is using an electronic health records system that has been certified within the 
3.20 	last three years, even if a more current version of the system has been certified within the 
3.21 	three-year period.
3.22 	(d) The electronic health record must meet the standards established according to section 
3.23 	3004 of the HITECH Act as applicable.
3.24 	(e) The electronic health record must have the ability to generate information on clinical 
3.25 	quality measures and other measures reported under sections 4101, 4102, and 4201 of the 
3.26 	HITECH Act.
3.27 	(f) The electronic health record system must be connected to a state-certified health 
3.28 	information organization either directly or through a connection facilitated by a state-certified 
3.29 	health data intermediary as defined in section 62J.498.
3.30 	(g) A health care provider who is a prescriber or dispenser of legend drugs must have 
3.31 	an electronic health record system that meets the requirements of section 62J.497.

3.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.1 	Sec. 5. Minnesota Statutes 2018, section 144.1506, subdivision 2, is amended to read:
4.2 		Subd. 2.Expansion grant program. (a) The commissioner of health shall award primary 
4.3 	care residency expansion grants to eligible primary care residency programs to plan and 
4.4 	implement new residency slots. A planning grant shall not exceed $75,000, and a training 
4.5 	grant shall not exceed $150,000 per new residency slot for the first year, $100,000 for the 
4.6 	second year, and $50,000 for the third year of the new residency slot. For eligible residency 
4.7 	programs longer than three years, training grants may be awarded for the duration of the 
4.8 	residency, not exceeding an average of $100,000 per residency slot per year.
4.9 	(b) Funds may be spent to cover the costs of:
4.10 	(1) planning related to establishing an accredited primary care residency program;
4.11 	(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education 
4.12 	or another national body that accredits residency programs;
4.13 	(3) establishing new residency programs or new resident training slots;
4.14 	(4) recruitment, training, and retention of new residents and faculty;
4.15 	(5) travel and lodging for new residents;
4.16 	(6) faculty, new resident, and preceptor salaries related to new residency slots;
4.17 	(7) training site improvements, fees, equipment, and supplies required for new primary 
4.18 	care resident training slots; and
4.19 	(8) supporting clinical education in which trainees are part of a primary care team model.

4.20 	Sec. 6. Minnesota Statutes 2018, section 144.3831, subdivision 1, is amended to read:
4.21 		Subdivision 1.Fee setting. The commissioner of health may assess an annual fee of 
4.22 	$6.36 $9.72 for every service connection to a public water supply that is owned or operated 
4.23 	by a home rule charter city, a statutory city, a city of the first class, or a town. The 
4.24 	commissioner of health may also assess an annual fee for every service connection served 
4.25 	by a water user district defined in section 110A.02.

4.26 	EFFECTIVE DATE. This section is effective January 1, 2020.

4.27 	Sec. 7. [144.397] STATEWIDE TOBACCO CESSATION SERVICES.
4.28 	(a) The commissioner of health shall administer, or contract for the administration of, 
4.29 	statewide tobacco cessation services to assist Minnesotans who are seeking advice or services 
4.30 	to help them quit using tobacco products. The commissioner shall establish statewide public 
5.1 	awareness activities to inform the public of the availability of the services and encourage 
5.2 	the public to utilize the services because of the dangers and harm of tobacco use and 
5.3 	dependence.
5.4 	(b) Services to be provided may include, but are not limited to:
5.5 	(1) telephone-based coaching and counseling;
5.6 	(2) referrals;
5.7 	(3) written materials mailed upon request;
5.8 	(4) web-based texting or e-mail services; and
5.9 	(5) free Food and Drug Administration-approved tobacco cessation medications.
5.10 	(c) Services provided must be consistent with evidence-based best practices in tobacco 
5.11 	cessation services. Services provided must be coordinated with health plan company tobacco 
5.12 	prevention and cessation services that may be available to individuals depending on their 
5.13 	health coverage.

5.14 	Sec. 8. Minnesota Statutes 2018, section 144.552, is amended to read:
5.15 	144.552 PUBLIC INTEREST REVIEW.
5.16 	(a) The following entities must submit a plan to the commissioner:
5.17 	(1) a hospital seeking to increase its number of licensed beds; or
5.18 	(2) an organization seeking to obtain a hospital license and notified by the commissioner 
5.19 	under section 144.553, subdivision 1, paragraph (c), that it is subject to this section.
5.20 	The plan must include information that includes an explanation of how the expansion will 
5.21 	meet the public's interest. When submitting a plan to the commissioner, an applicant shall 
5.22 	pay the commissioner for the commissioner's cost of reviewing and monitoring the plan, 
5.23 	as determined by the commissioner and notwithstanding section 16A.1283. Money received 
5.24 	by the commissioner under this section is appropriated to the commissioner for the purpose 
5.25 	of administering this section. If the commissioner does not issue a finding within the time 
5.26 	limit specified in paragraph (c), the commissioner must return to the applicant the entire 
5.27 	amount the applicant paid to the commissioner.  For a hospital that is seeking an exception 
5.28 	to the moratorium under section 144.551, the plan must be submitted to the commissioner 
5.29 	no later than August 1 of the calendar year prior to the year when the exception will be 
5.30 	considered by the legislature.
6.1 	(b) Plans submitted under this section shall include detailed information necessary for 
6.2 	the commissioner to review the plan and reach a finding. The commissioner may request 
6.3 	additional information from the hospital submitting a plan under this section and from others 
6.4 	affected by the plan that the commissioner deems necessary to review the plan and make a 
6.5 	finding. If the commissioner determines that additional information is required from the 
6.6 	hospital submitting a plan under this section, the commissioner shall notify the hospital of 
6.7 	the additional information required no more than 30 days after the initial submission of the 
6.8 	plan. A hospital submitting a plan from whom the commissioner has requested additional 
6.9 	information shall submit the requested additional information within 14 calendar days of 
6.10 	the commissioner's request.
6.11 	(c) The commissioner shall review the plan and, within 90 150 calendar days, but no 
6.12 	more than six months if extenuating circumstances apply of the initial submission of the 
6.13 	plan, issue a finding on whether the plan is in the public interest. In making the 
6.14 	recommendation, the commissioner shall consider issues including but not limited to:
6.15 	(1) whether the new hospital or hospital beds are needed to provide timely access to care 
6.16 	or access to new or improved services given the number of available beds. For the purposes 
6.17 	of this clause, "available beds" means the number of licensed acute care beds that are 
6.18 	immediately available for use or could be brought online within 48 hours without significant 
6.19 	facility modifications;
6.20 	(2) the financial impact of the new hospital or hospital beds on existing acute-care 
6.21 	hospitals that have emergency departments in the region;
6.22 	(3) how the new hospital or hospital beds will affect the ability of existing hospitals in 
6.23 	the region to maintain existing staff;
6.24 	(4) the extent to which the new hospital or hospital beds will provide services to 
6.25 	nonpaying or low-income patients relative to the level of services provided to these groups 
6.26 	by existing hospitals in the region; and
6.27 	(5) the views of affected parties.
6.28 	(d) If the plan is being submitted by an existing hospital seeking authority to construct 
6.29 	a new hospital, the commissioner shall also consider:
6.30 	(1) the ability of the applicant to maintain the applicant's current level of community 
6.31 	benefit as defined in section 144.699, subdivision 5, at the existing facility; and
6.32 	(2) the impact on the workforce at the existing facility including the applicant's plan for:
6.33 	(i) transitioning current workers to the new facility;
7.1 	(ii) retraining and employment security for current workers; and
7.2 	(iii) addressing the impact of layoffs at the existing facility on affected workers.
7.3 	(e) Prior to making a recommendation, the commissioner shall conduct a public hearing 
7.4 	in the affected hospital service area to take testimony from interested persons.
7.5 	(f) Upon making a recommendation under paragraph (c), the commissioner shall provide 
7.6 	a copy of the recommendation to the chairs of the house of representatives and senate 
7.7 	committees having jurisdiction over health and human services policy and finance.
7.8 	(g) If an exception to the moratorium is approved under section 144.551 after a review 
7.9 	under this section, the commissioner shall monitor the implementation of the exception up 
7.10 	to completion of the construction project. Thirty days after completion of the construction 
7.11 	project, the hospital shall submit to the commissioner a report on how the construction has 
7.12 	met the provisions of the plan originally submitted under the public interest review process 
7.13 	or a plan submitted pursuant to section 144.551, subdivision 1, paragraph (b), clause (20).

7.14 	Sec. 9. Minnesota Statutes 2018, section 144.586, is amended by adding a subdivision to 
7.15 	read:
7.16 		Subd. 3.Care coordination implementation. (a) This subdivision applies to hospital 
7.17 	discharges involving a child with a high-cost medical or chronic condition who needs 
7.18 	post-hospital continuing aftercare, including but not limited to home health care services, 
7.19 	post-hospital extended care services, or outpatient services for follow-up or ancillary care, 
7.20 	or is at risk of recurrent hospitalization or emergency room services due to a medical or 
7.21 	chronic condition.
7.22 	(b) In addition to complying with the discharge planning requirements in subdivision 
7.23 	2, the hospital must ensure that the following conditions are met and arrangements made 
7.24 	before discharging any patient described in paragraph (a):
7.25 	(1) the patient's primary care provider and either the health carrier or, if the patient is 
7.26 	enrolled in medical assistance, the managed care organization  are notified of the patient's 
7.27 	date of anticipated discharge and provided a description of the patient's aftercare needs and 
7.28 	a copy of the patient's discharge plan, including any necessary medical information release 
7.29 	forms;
7.30 	(2) the appropriate arrangements for home health care or post-hospital extended care 
7.31 	services are made and the initial services as indicated on the discharge plan are scheduled; 
7.32 	and
8.1 	(3) if the patient is eligible for care coordination services through a health plan or health 
8.2 	certified medical home, the appropriate care coordinator has connected with the patient's 
8.3 	family.

8.4 	EFFECTIVE DATE. This section is effective August 1, 2019.

8.5 	Sec. 10. [144.591] DISCLOSURE OF HOSPITAL CHARGES.
8.6 	(a) Each hospital, including hospitals designated as critical access hospitals, shall provide 
8.7 	to each discharged patient within 30 calendar days of discharge an itemized description of 
8.8 	billed charges for medical services and goods the patient received during the hospital stay. 
8.9 	The itemized description of billed charges may include technical terms to describe the 
8.10 	medical services and goods if the technical terms are defined on the itemized description  
8.11 	with limited medical nomenclature. The itemized description of billed charges must not 
8.12 	describe a billed charge using only a medical billing code, "miscellaneous charges," or 
8.13 	"supply charges."
8.14 	(b) A hospital may not bill or otherwise charge a patient for the itemized description of 
8.15 	billed charges.
8.16 	(c) A hospital must provide an itemized description by secure e-mail, via a secure online 
8.17 	portal, or, upon request, by mail.
8.18 	(d) This section does not apply to patients enrolled in Medicare, medical assistance, the 
8.19 	MinnesotaCare program, or who receive health care coverage through an employer 
8.20 	self-insured health plan.

8.21 	EFFECTIVE DATE. This section is effective August 1, 2020.

8.22 	Sec. 11. [144.6502] ELECTRONIC MONITORING IN CERTAIN HEALTH CARE 
8.23 	FACILITIES.
8.24 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in this 
8.25 	subdivision have the meanings given.
8.26 	(b) "Electronic monitoring" means the placement and use of an electronic monitoring 
8.27 	device by a resident in the resident's room or private living unit in accordance with this 
8.28 	section.
8.29 	(c) "Commissioner" means the commissioner of health.
8.30 	(d) "Department" means the Department of Health.
9.1 	(e) "Electronic monitoring device" means a camera or other device that captures, records, 
9.2 	or broadcasts audio, video, or both, that is placed in a resident's room or private living unit 
9.3 	and is used to monitor the resident or activities in the room or private living unit.
9.4 	(f) "Facility" means a nursing home licensed under chapter 144A,  a boarding care home 
9.5 	licensed under sections 144.50 to 144.56, or a housing with services establishment registered 
9.6 	under chapter 144D that is either subject to chapter 144G or has a disclosed special unit 
9.7 	under section 325F.72.
9.8 	(g) "Resident" means a person 18 years of age or older residing in a facility.
9.9 	(h) "Resident representative" means one of the following in the order of priority listed, 
9.10 	to the extent the person may reasonably be identified and located:
9.11 	(1) a court-appointed guardian;
9.12 	(2) a health care agent under section 145C.01, subdivision 2; or
9.13 	(3) a person who is not an agent of a facility or of a home care provider designated in 
9.14 	writing by the resident and maintained in the resident's records on file with the facility or 
9.15 	with the resident's executed housing with services contract.
9.16 		Subd. 2.Electronic monitoring. (a) A resident or a resident representative may conduct 
9.17 	electronic monitoring of the resident's room or private living unit through the use of electronic 
9.18 	monitoring devices placed in the resident's room or private living unit as provided in this 
9.19 	section.
9.20 	(b) Nothing in this section precludes the use of electronic monitoring of health care 
9.21 	allowed under other law.
9.22 	(c) Electronic monitoring authorized under this section is not a covered service under 
9.23 	home and community-based waivers under sections 256B.0913, 256B.0915, 256B.092, and 
9.24 	256B.49.
9.25 	(d) This section does not apply to monitoring technology authorized as a home and 
9.26 	community-based service under section 256B.0913, 256B.0915, 256B.092, or 256B.49.
9.27 		Subd. 3.Consent to electronic monitoring. (a) Except as otherwise provided in this 
9.28 	subdivision, a resident must consent to electronic monitoring in the resident's room or private 
9.29 	living unit in writing on a notification and consent form. If the resident has not affirmatively 
9.30 	objected to electronic monitoring and the resident's medical professional determines that 
9.31 	the resident  currently lacks the ability to understand and appreciate the nature and 
9.32 	consequences of electronic monitoring, the resident representative may consent on behalf 
10.1 	of the resident. For purposes of this subdivision, a resident affirmatively objects when the 
10.2 	resident orally, visually, or through the use of auxiliary aids or services declines electronic 
10.3 	monitoring. The resident's response must be documented on the notification and consent 
10.4 	form.
10.5 	(b) Prior to a resident representative consenting on behalf of a resident, the resident must 
10.6 	be asked if the resident wants electronic monitoring to be conducted. The resident 
10.7 	representative must explain to the resident:
10.8 	(1) the type of electronic monitoring device to be used;
10.9 	(2) the standard conditions that may be placed on the electronic monitoring device's use, 
10.10 	including those listed in subdivision 6;
10.11 	(3) with whom the recording may be shared under subdivision 10 or 11; and
10.12 	(4) the resident's ability to decline all recording.
10.13 	(c) A resident, or resident representative when consenting on behalf of the resident, may 
10.14 	consent to electronic monitoring with any conditions of the resident's or resident 
10.15 	representative's choosing, including the list of standard conditions provided in subdivision 
10.16 	6. A resident, or resident representative when consenting on behalf of the resident, may 
10.17 	request that the electronic monitoring device be turned off or the visual or audio recording 
10.18 	component of the electronic monitoring device be blocked at any time.
10.19 	(d) Prior to implementing electronic monitoring, a resident, or resident representative 
10.20 	when acting on behalf of the resident, must obtain the written consent on the notification 
10.21 	and consent form of any other resident residing in the shared room or shared private living 
10.22 	unit. A roommate's or roommate's resident representative's written consent must comply 
10.23 	with the requirements of paragraphs (a) to (c). Consent by a roommate or a roommate's 
10.24 	resident representative under this paragraph authorizes the resident's use of any recording 
10.25 	obtained under this section, as provided under subdivision 10 or 11.
10.26 	(e) Any resident conducting electronic monitoring must immediately remove or disable 
10.27 	an electronic monitoring device prior to a new roommate moving into a shared room or 
10.28 	shared private living unit, unless the resident obtains the roommate's or roommate's resident 
10.29 	representative's written consent as provided under paragraph (d) prior to the roommate 
10.30 	moving into the shared room or shared private living unit. Upon obtaining the new 
10.31 	roommate's signed notification and consent form and submitting the form to the facility as 
10.32 	required under subdivision 5, the resident may resume electronic monitoring.
11.1 	(f) The resident or roommate, or the resident representative or roommate's resident 
11.2 	representative if the representative is consenting on behalf of the resident or roommate, may 
11.3 	withdraw consent at any time and the withdrawal of consent must be documented on the 
11.4 	original consent form as provided under subdivision 5, paragraph (c).
11.5 		Subd. 4.Refusal of roommate to consent. If a resident of a facility who is residing in 
11.6 	a shared room or shared living unit, or the resident representative of such a resident when 
11.7 	acting on behalf of the resident, wants to conduct electronic monitoring and another resident 
11.8 	living in or moving into the same shared room or shared living unit refuses to consent to 
11.9 	the use of an electronic monitoring device, the facility shall make a reasonable attempt to 
11.10 	accommodate the resident who wants to conduct electronic monitoring. A facility has met 
11.11 	the requirement to make a reasonable attempt to accommodate a resident or resident 
11.12 	representative who wants to conduct electronic monitoring when, upon notification that a 
11.13 	roommate has not consented to the use of an electronic monitoring device in the resident's 
11.14 	room, the facility offers to move the resident to another shared room or shared living unit 
11.15 	that is available at the time of the request. If a resident chooses to reside in a private room 
11.16 	or private living unit in a facility in order to accommodate the use of an electronic monitoring 
11.17 	device, the resident must pay either the private room rate in a nursing home setting, or the 
11.18 	applicable rent in a housing with services establishment. If a facility is unable to 
11.19 	accommodate a resident due to lack of space, the facility must reevaluate the request every 
11.20 	two weeks until the request is fulfilled. A facility is not required to provide a private room, 
11.21 	a single-bed room, or a private living unit to a resident who is  unable to pay.
11.22 		Subd. 5.Notice to facility. (a) Electronic monitoring may begin only after the resident 
11.23 	or resident representative who intends to place an electronic monitoring device and any 
11.24 	roommate or roommate's resident representative completes the notification and consent 
11.25 	form and submits the form to the facility.
11.26 	(b) Upon receipt of any completed notification and consent form, the facility must place 
11.27 	the original form in the resident's file or file the original form with the resident's housing 
11.28 	with services contract. The facility must provide a copy to the resident and the resident's 
11.29 	roommate, if applicable.
11.30 	(c) In the event that a resident or roommate, or the resident representative or roommate's 
11.31 	resident representative if the representative is consenting on behalf of the resident or 
11.32 	roommate, chooses to alter the conditions under which consent to electronic monitoring is 
11.33 	given or chooses to withdraw consent to electronic monitoring, the facility must make 
11.34 	available the original notification and consent form so that it may be updated. Upon receipt 
11.35 	of the updated form, the facility must place the updated form in the resident's file or file the 
12.1 	original form with the resident's signed housing with services contract. The facility must 
12.2 	provide a copy  of the  updated form to the resident and the resident's roommate, if applicable.
12.3 	(d) If a new roommate, or the new roommate's resident representative when consenting 
12.4 	on behalf of the new roommate, does not submit to the facility a completed notification and 
12.5 	consent form and the resident conducting the electronic monitoring does not remove or 
12.6 	disable the electronic monitoring device, the facility must remove the electronic monitoring 
12.7 	device.
12.8 	(e) If a roommate, or the roommate's resident representative when withdrawing consent 
12.9 	on behalf of the roommate, submits an updated notification and consent form withdrawing 
12.10 	consent and the resident conducting electronic monitoring does not remove or disable the 
12.11 	electronic monitoring device, the facility must remove the electronic monitoring device.
12.12 	(f) Notwithstanding paragraph (a), the resident or resident representative who intends 
12.13 	to place an electronic monitoring device may do so without submitting a notification and 
12.14 	consent form to the facility, provided that:
12.15 	(1) the resident or resident representative reasonably fears retaliation by the facility;
12.16 	(2) the resident does not have a roommate;
12.17 	(3) the resident or resident representative submits the completed notification and consent 
12.18 	form to the Office of the Ombudsman for Long-Term Care;
12.19 	(4) the resident or resident representative submits the notification and consent form to 
12.20 	the facility within 14 calendar days of placing the electronic monitoring device; and
12.21 	(5) the resident or resident representative immediately submits a Minnesota Adult Abuse 
12.22 	Reporting Center report or police report upon evidence from the electronic monitoring 
12.23 	device that suspected maltreatment has occurred between the time the electronic monitoring 
12.24 	device is placed under this paragraph and the time the resident or resident representative 
12.25 	submits the completed notification and consent form to the facility.
12.26 		Subd. 6.Form requirements. (a) The notification and consent form completed by the 
12.27 	resident must include, at a minimum, the following information:
12.28 	(1) the resident's signed consent to electronic monitoring or the signature of the resident  
12.29 	representative, if applicable. If a person other than the resident signs the consent form, the 
12.30 	form must document the following:
12.31 	(i) the date the resident was asked if the resident wants electronic monitoring to be 
12.32 	conducted;
13.1 	(ii) who was present when the resident was asked;
13.2 	(iii) an acknowledgment that the resident did not affirmatively object; and
13.3 	(iv) the source of authority allowing the resident representative to sign the notification 
13.4 	and consent form on the resident's behalf;
13.5 	(2) the resident's roommate's signed consent or the signature of the roommate's resident 
13.6 	representative, if applicable. If a roommate's resident representative signs the consent form, 
13.7 	the form must document the following:
13.8 	(i) the date the roommate was asked if the roommate wants electronic monitoring to be 
13.9 	conducted;
13.10 	(ii) who was present when the roommate was asked;
13.11 	(iii) an acknowledgment that the roommate did not affirmatively object; and
13.12 	(iv) the source of authority allowing the resident representative to sign the notification 
13.13 	and consent form on the resident's behalf;
13.14 	(3) the type of electronic monitoring device to be used;
13.15 	(4) a list of standard conditions or restrictions that the resident or a roommate may elect 
13.16 	to place on the use of the electronic monitoring device, including but not limited to:
13.17 	(i) prohibiting audio recording;
13.18 	(ii) prohibiting video recording;
13.19 	(iii) prohibiting broadcasting of audio or video;
13.20 	(iv) turning off the electronic monitoring device or blocking the visual recording 
13.21 	component of the electronic monitoring device for the duration of an exam or procedure by 
13.22 	a health care professional;
13.23 	(v) turning off the electronic monitoring device or blocking the visual recording 
13.24 	component of the electronic monitoring device while dressing or bathing is performed; and
13.25 	(vi) turning off the electronic monitoring device for the duration of a visit with a spiritual 
13.26 	adviser, ombudsman, attorney, financial planner, intimate partner, or other visitor;
13.27 	(5) any other condition or restriction elected by the resident or roommate on the use of 
13.28 	an electronic monitoring device;
13.29 	(6) a statement of the circumstances under which a recording may be disseminated under 
13.30 	subdivision 10;
14.1 	(7) a signature box for documenting that the resident or roommate has withdrawn consent; 
14.2 	and
14.3 	(8) an acknowledgment that the resident, in accordance with subdivision 3, consents, 
14.4 	authorizes, and allows the Office of Ombudsman for Long-Term Care and representatives 
14.5 	of its office to disclose information about the form limited to:
14.6 	(i) the fact that the form was received from the resident or resident representative;
14.7 	(ii) if signed by a resident representative, the name of the resident representative and 
14.8 	the source of authority allowing the resident representative to sign the notification and 
14.9 	consent form on the resident's behalf; and
14.10 	(iii) the type of electronic monitoring device placed.
14.11 	(b) Facilities must make the notification and consent form available to the residents and 
14.12 	inform residents of their option to conduct electronic monitoring of their rooms or private 
14.13 	living unit.
14.14 	(c) Notification and consent forms received by the Office of Ombudsman for Long-Term 
14.15 	Care are data protected under section 256.9744.
14.16 		Subd. 7.Cost and installation. (a) A resident choosing to conduct electronic monitoring 
14.17 	must do so at the resident's own expense, including paying purchase, installation, 
14.18 	maintenance, and removal costs.
14.19 	(b) If a resident chooses to place an electronic monitoring device that uses Internet 
14.20 	technology for visual or audio monitoring, the resident may be responsible for contracting 
14.21 	with an Internet service provider.
14.22 	(c) The facility shall make a reasonable attempt to accommodate the resident's installation 
14.23 	needs, including allowing access to the facility's public-use Internet or Wi-Fi systems when 
14.24 	available for other public uses.
14.25 	(d) All electronic monitoring device installations and supporting services must be 
14.26 	UL-listed.
14.27 		Subd. 8.Notice to visitors. (a) A facility shall post a sign at each facility entrance 
14.28 	accessible to visitors that states "Security cameras and audio devices may be present to 
14.29 	record persons and activities."
14.30 	(b) The facility is responsible for installing and maintaining the signage required in this 
14.31 	subdivision.
15.1 		Subd. 9.Obstruction of electronic monitoring devices. (a) A person must not knowingly 
15.2 	hamper, obstruct, tamper with, or destroy an electronic monitoring device placed in a 
15.3 	resident's room or private living unit without the permission of the resident or resident 
15.4 	representative.
15.5 	(b) It is not a violation of paragraph (a) if a person turns off the electronic monitoring 
15.6 	device or blocks the visual recording component of the electronic monitoring device at the 
15.7 	direction of the resident or resident representative, or if consent has been withdrawn.
15.8 		Subd. 10.Dissemination of recordings. (a) No person may access any video or audio 
15.9 	recording created through authorized electronic monitoring without the written consent of 
15.10 	the resident or resident representative.
15.11 	(b) Except as required under other law, a recording or copy of a recording made as 
15.12 	provided in this section may only be disseminated for the purpose of addressing health, 
15.13 	safety, or welfare concerns of a resident or residents.
15.14 	(c) A person disseminating a recording or copy of a recording made as provided in this 
15.15 	section in violation of paragraph (b) may be civilly or criminally liable.
15.16 		Subd. 11.Admissibility of evidence. Subject to applicable rules of evidence and 
15.17 	procedure, any video or audio recording created through electronic monitoring under this 
15.18 	section may be admitted into evidence in a civil, criminal, or administrative proceeding.
15.19 		Subd. 12.Liability. (a) For the purposes of state law, the mere presence of an electronic 
15.20 	monitoring device in a resident's room or private living unit is not a violation of the resident's 
15.21 	right to privacy under section 144.651 or 144A.44.
15.22 	(b) For the purposes of state law, a facility or home care provider is not civilly or 
15.23 	criminally liable for the mere disclosure by a resident or a resident representative of a 
15.24 	recording.
15.25 		Subd. 13.Immunity from liability. The Office of Ombudsman for Long-Term Care 
15.26 	and representatives of the office are immune from liability as provided under section 
15.27 	256.9742, subdivision 2.
15.28 		Subd. 14.Resident protections. (a) A facility must not:
15.29 	(1) refuse to admit a potential resident or remove a resident because the facility disagrees 
15.30 	with the potential resident's or the resident's decisions regarding electronic monitoring, 
15.31 	including when the decision is made by a resident representative acting on behalf of the 
15.32 	resident;
16.1 	(2) retaliate or discriminate against any resident for consenting or refusing to consent 
16.2 	to electronic monitoring; or
16.3 	(3) prevent the placement or use of an electronic monitoring device by a resident who 
16.4 	has provided the facility or the Office of the Ombudsman for Long-Term Care with notice 
16.5 	and consent as required under this section.
16.6 	(b) Any contractual provision prohibiting, limiting, or otherwise modifying the rights 
16.7 	and obligations in this section is contrary to public policy and is void and unenforceable.
16.8 		Subd. 15.Employee discipline. An employee of the facility or of a contractor providing 
16.9 	services at the facility, including an arranged home care provider as defined in section 
16.10 	144D.01, subdivision 2a, who is the subject of proposed corrective or disciplinary  action 
16.11 	based upon evidence obtained by electronic monitoring must be given access to that evidence 
16.12 	for purposes of defending against the proposed action. The recording or a copy of the 
16.13 	recording must be treated confidentially by the employee and must not be further 
16.14 	disseminated to any other person except as required under law. Any copy of the recording 
16.15 	must be returned to the facility or resident who provided the copy when it is no longer 
16.16 	needed for purposes of defending against a proposed action.
16.17 		Subd. 16.Penalties. (a) The commissioner may issue a correction order as provided 
16.18 	under section 144A.10, 144A.45, or 144A.474, upon a finding that the facility has failed to 
16.19 	comply with subdivision 5, paragraphs (b) to (e); 6, paragraph (b); 7, paragraph (c); 8; 9; 
16.20 	10; or 14. For each violation of this section, the commissioner may impose a fine up to $500 
16.21 	upon a finding of noncompliance with a correction order issued according to this subdivision.
16.22 	(b) The commissioner may exercise the commissioner's authority provided under section 
16.23 	144D.05 to compel a housing with services establishment to meet the requirements of this 
16.24 	section.

16.25 	EFFECTIVE DATE. This section is effective January 1, 2020, and applies to all 
16.26 	agreements in effect, entered into, or renewed on or after that date.

16.27 	Sec. 12. Minnesota Statutes 2018, section 144.966, subdivision 2, is amended to read:
16.28 		Subd. 2.Newborn Hearing Screening Advisory Committee. (a) The commissioner 
16.29 	of health shall establish a Newborn Hearing Screening Advisory Committee to advise and 
16.30 	assist the Department of Health and the Department of Education in:
16.31 	(1) developing protocols and timelines for screening, rescreening, and diagnostic 
16.32 	audiological assessment and early medical, audiological, and educational intervention 
16.33 	services for children who are deaf or hard-of-hearing;
17.1 	(2) designing protocols for tracking children from birth through age three that may have 
17.2 	passed newborn screening but are at risk for delayed or late onset of permanent hearing 
17.3 	loss;
17.4 	(3) designing a technical assistance program to support facilities implementing the 
17.5 	screening program and facilities conducting rescreening and diagnostic audiological 
17.6 	assessment;
17.7 	(4) designing implementation and evaluation of a system of follow-up and tracking; and
17.8 	(5) evaluating program outcomes to increase effectiveness and efficiency and ensure 
17.9 	culturally appropriate services for children with a confirmed hearing loss and their families.
17.10 	(b) The commissioner of health shall appoint at least one member from each of the 
17.11 	following groups with no less than two of the members being deaf or hard-of-hearing:
17.12 	(1) a representative from a consumer organization representing culturally deaf persons;
17.13 	(2) a parent with a child with hearing loss representing a parent organization;
17.14 	(3) a consumer from an organization representing oral communication options;
17.15 	(4) a consumer from an organization representing cued speech communication options;
17.16 	(5) an audiologist who has experience in evaluation and intervention of infants and 
17.17 	young children;
17.18 	(6) a speech-language pathologist who has experience in evaluation and intervention of 
17.19 	infants and young children;
17.20 	(7) two primary care providers who have experience in the care of infants and young 
17.21 	children, one of which shall be a pediatrician;
17.22 	(8) a representative from the early hearing detection intervention teams;
17.23 	(9) a representative from the Department of Education resource center for the deaf and 
17.24 	hard-of-hearing or the representative's designee;
17.25 	(10) a representative of the Commission of the Deaf, DeafBlind and Hard of Hearing;
17.26 	(11) a representative from the Department of Human Services Deaf and Hard-of-Hearing 
17.27 	Services Division;
17.28 	(12) one or more of the Part C coordinators from the Department of Education, the 
17.29 	Department of Health, or the Department of Human Services or the department's designees;
17.30 	(13) the Department of Health early hearing detection and intervention coordinators;
18.1 	(14) two birth hospital representatives from one rural and one urban hospital;
18.2 	(15) a pediatric geneticist;
18.3 	(16) an otolaryngologist;
18.4 	(17) a representative from the Newborn Screening Advisory Committee under this 
18.5 	subdivision; and
18.6 	(18) a representative of the Department of Education regional low-incidence facilitators.
18.7 	The commissioner must complete the appointments required under this subdivision by 
18.8 	September 1, 2007.
18.9 	(c) The Department of Health member shall chair the first meeting of the committee. At 
18.10 	the first meeting, the committee shall elect a chair from its membership. The committee 
18.11 	shall meet at the call of the chair, at least four times a year. The committee shall adopt 
18.12 	written bylaws to govern its activities. The Department of Health shall provide technical 
18.13 	and administrative support services as required by the committee. These services shall 
18.14 	include technical support from individuals qualified to administer infant hearing screening, 
18.15 	rescreening, and diagnostic audiological assessments.
18.16 	Members of the committee shall receive no compensation for their service, but shall be 
18.17 	reimbursed as provided in section 15.059 for expenses incurred as a result of their duties 
18.18 	as members of the committee.
18.19 	(d) By February 15, 2015, and by February 15 of the odd-numbered years after that date, 
18.20 	the commissioner shall report to the chairs and ranking minority members of the legislative 
18.21 	committees with jurisdiction over health and data privacy on the activities of the committee 
18.22 	that have occurred during the past two years.
18.23 	(e) This subdivision expires June 30, 2019 2025.

18.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

18.25 	Sec. 13. Minnesota Statutes 2018, section 144H.01, subdivision 5, is amended to read:
18.26 		Subd. 5.Medically complex or technologically dependent child. "Medically complex 
18.27 	or technologically dependent child" means a child under 21 seven years of age who, because 
18.28 	of a medical condition, requires continuous therapeutic interventions or skilled nursing 
18.29 	supervision which that must be prescribed by a licensed physician and administered by, or 
18.30 	under the direct supervision of, a licensed registered nurse.

19.1 	Sec. 14. Minnesota Statutes 2018, section 144H.04, subdivision 1, is amended to read:
19.2 		Subdivision 1.Licenses. A person seeking licensure for a PPEC center must submit a 
19.3 	completed application for licensure to the commissioner, in a form and manner determined 
19.4 	by the commissioner. The applicant must also submit the application fee, in the amount 
19.5 	specified in section 144H.05, subdivision 1. Effective January 1, 2018,Beginning July 1, 
19.6 	2020, the commissioner shall issue a license for a PPEC center if the commissioner 
19.7 	determines that the applicant and center meet the requirements of this chapter and rules that 
19.8 	apply to PPEC centers. A license issued under this subdivision is valid for two years.

19.9 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2018.

19.10 	Sec. 15. Minnesota Statutes 2018, section 144H.04, is amended by adding a subdivision 
19.11 	to read:
19.12 		Subd. 1a.Licensure phase-in. (a) The commissioner shall phase in licensure of PPEC 
19.13 	centers by issuing prior to June 30, 2024, no more than two licenses to applicants the 
19.14 	commissioner determines meet the requirements of this chapter. A license issued under this 
19.15 	subdivision is valid until June 30, 2024.
19.16 	(b) This subdivision expires July 1, 2024.

19.17 	EFFECTIVE DATE. This section is effective upon the effective date of section 12.

19.18 	Sec. 16. Minnesota Statutes 2018, section 144H.06, is amended to read:
19.19 	144H.06 APPLICATION OF RULES FOR HOSPICE SERVICES AND 
19.20 	RESIDENTIAL HOSPICE FACILITIES.
19.21 	Minnesota Rules, chapter 4664, shall apply to PPEC centers licensed under this chapter, 
19.22 	except that the following parts, subparts, and items, and subitems do not apply:
19.23 	(1) Minnesota Rules, part 4664.0003, subparts 2, 6, 7, 11, 12, 13, 14, and 38;
19.24 	(2) Minnesota Rules, part 4664.0008;
19.25 	(3) Minnesota Rules, part 4664.0010, subparts 3; 4, items A, subitem (6), anditem B; 
19.26 	and 8;
19.27 	(4) Minnesota Rules, part 4664.0020, subpart 13;
19.28 	(5) Minnesota Rules, part 4664.0370, subpart 1;
19.29 	(6) Minnesota Rules, part 4664.0390, subpart 1, items A, C, and E;
19.30 	(7) Minnesota Rules, part 4664.0420;
20.1 	(8) Minnesota Rules, part 4664.0425, subparts 3, item A; 4; and 6;
20.2 	(9) Minnesota Rules, part 4664.0430, subparts 3, 4, 5, 7, 8, 9, 10, 11, and 12;
20.3 	(10) Minnesota Rules, part 4664.0490; and
20.4 	(11) Minnesota Rules, part 4664.0520.

20.5 	EFFECTIVE DATE. This section is effective August 1, 2019.

20.6 	Sec. 17. Minnesota Statutes 2018, section 144H.07, subdivision 1, is amended to read:
20.7 		Subdivision 1.Services. A PPEC center must provide basic services to medically complex 
20.8 	or technologically dependent children, based on a protocol of care established for each child. 
20.9 	A PPEC center may provide services up to 14 12.5 hours a day and up to six days a week
20.10 	with hours of operation during normal waking hours.

20.11 	EFFECTIVE DATE. This section is effective August 1, 2019.

20.12 	Sec. 18. Minnesota Statutes 2018, section 144H.07, subdivision 2, is amended to read:
20.13 		Subd. 2.Limitations. A PPEC center must comply with the following standards related 
20.14 	to services:
20.15 	(1) a child is prohibited from attending a PPEC center for more than 14 12.5 hours within 
20.16 	a 24-hour period;
20.17 	(2) a PPEC center is prohibited from providing services other than those provided to 
20.18 	medically complex or technologically dependent children; and
20.19 	(3) the maximum capacity for medically complex or technologically dependent children 
20.20 	at a center shall not exceed 45 children.

20.21 	EFFECTIVE DATE. This section is effective August 1, 2019.

20.22 	Sec. 19. Minnesota Statutes 2018, section 144H.08, subdivision 2, is amended to read:
20.23 		Subd. 2.Duties of administrator Administrators. (a) The center administrator is 
20.24 	responsible and accountable for overall management of the center. The administrator must:
20.25 	(1) designate in writing a person to be responsible for the center when the administrator 
20.26 	is absent from the center for more than 24 hours;
20.27 	(2) maintain the following written records, in a place and form and using a system that 
20.28 	allows for inspection of the records by the commissioner during normal business hours:
21.1 	(i) a daily census record, which indicates the number of children currently receiving 
21.2 	services at the center;
21.3 	(ii) a record of all accidents or unusual incidents involving any child or staff member 
21.4 	that caused, or had the potential to cause, injury or harm to a person at the center or to center 
21.5 	property;
21.6 	(iii) copies of all current agreements with providers of supportive services or contracted 
21.7 	services;
21.8 	(iv) copies of all current agreements with consultants employed by the center, 
21.9 	documentation of each consultant's visits, and written, dated reports; and
21.10 	(v) a personnel record for each employee, which must include an application for 
21.11 	employment, references, employment history for the preceding five years, and copies of all 
21.12 	performance evaluations;
21.13 	(3) develop and maintain a current job description for each employee;
21.14 	(4) provide necessary qualified personnel and ancillary services to ensure the health, 
21.15 	safety, and proper care for each child; and
21.16 	(5) develop and implement infection control policies that comply with rules adopted by 
21.17 	the commissioner regarding infection control.
21.18 	(b) In order to serve as an administrator of a PPEC center, an individual must have at 
21.19 	least two years of experience in the past five years caring for or managing the care of 
21.20 	medically complex or technologically dependent individuals.

21.21 	EFFECTIVE DATE. This section is effective August 1, 2019.

21.22 	Sec. 20. Minnesota Statutes 2018, section 144H.11, subdivision 2, is amended to read:
21.23 		Subd. 2.Registered nurses. A registered nurse employed by a PPEC center must be a 
21.24 	registered nurse licensed in Minnesota, and hold a current certification in cardiopulmonary 
21.25 	resuscitation, and have experience in the previous 24 months in being responsible for the 
21.26 	care of acutely ill or chronically ill children.

21.27 	EFFECTIVE DATE. This section is effective August 1, 2019.

21.28 	Sec. 21. Minnesota Statutes 2018, section 144H.11, subdivision 3, is amended to read:
21.29 		Subd. 3.Licensed practical nurses. A licensed practical nurse employed by a PPEC 
21.30 	center must be supervised by a registered nurse and must be a licensed practical nurse 
22.1 	licensed in Minnesota, have at least two years of experience in pediatrics, and hold a current 
22.2 	certification in cardiopulmonary resuscitation.

22.3 	EFFECTIVE DATE. This section is effective August 1, 2019.

22.4 	Sec. 22. Minnesota Statutes 2018, section 144H.11, subdivision 4, is amended to read:
22.5 		Subd. 4.Other direct care personnel. (a) Direct care personnel governed by this 
22.6 	subdivision may include nursing assistants and or individuals with training and experience 
22.7 	in the field of education, social services, or child care.
22.8 	(b) All direct care personnel employed by a PPEC center must work under the supervision 
22.9 	of a registered nurse and are responsible for providing direct care to children at the center. 
22.10 	Direct care personnel must have extensive, documented education and skills training in 
22.11 	providing care to infants and toddlers, provide employment references documenting skill 
22.12 	in the care of infants and children, and hold a current certification in cardiopulmonary 
22.13 	resuscitation.

22.14 	EFFECTIVE DATE. This section is effective August 1, 2019.

22.15 	Sec. 23. Minnesota Statutes 2018, section 145.4131, subdivision 1, is amended to read:
22.16 		Subdivision 1.Forms. (a) Within 90 days of July 1, 1998, the commissioner shall prepare 
22.17 	a reporting form for use by physicians or facilities performing abortions. A copy of this 
22.18 	section shall be attached to the form. A physician or facility performing an abortion shall 
22.19 	obtain a form from the commissioner.
22.20 	(b) The form shall require the following information:
22.21 	(1) the number of abortions performed by the physician in the previous calendar year, 
22.22 	reported by month;
22.23 	(2) the method used for each abortion;
22.24 	(3) the approximate gestational age expressed in one of the following increments:
22.25 	(i) less than nine weeks;
22.26 	(ii) nine to ten weeks;
22.27 	(iii) 11 to 12 weeks;
22.28 	(iv) 13 to 15 weeks;
22.29 	(v) 16 to 20 weeks;
23.1 	(vi) 21 to 24 weeks;
23.2 	(vii) 25 to 30 weeks;
23.3 	(viii) 31 to 36 weeks; or
23.4 	(ix) 37 weeks to term;
23.5 	(4) the age of the woman at the time the abortion was performed;
23.6 	(5) the specific reason for the abortion, including, but not limited to, the following:
23.7 	(i) the pregnancy was a result of rape;
23.8 	(ii) the pregnancy was a result of incest;
23.9 	(iii) economic reasons;
23.10 	(iv) the woman does not want children at this time;
23.11 	(v) the woman's emotional health is at stake;
23.12 	(vi) the woman's physical health is at stake;
23.13 	(vii) the woman will suffer substantial and irreversible impairment of a major bodily 
23.14 	function if the pregnancy continues;
23.15 	(viii) the pregnancy resulted in fetal anomalies; or
23.16 	(ix) unknown or the woman refused to answer;
23.17 	(6) the number of prior induced abortions;
23.18 	(7) the number of prior spontaneous abortions;
23.19 	(8) whether the abortion was paid for by:
23.20 	(i) private coverage;
23.21 	(ii) public assistance health coverage; or
23.22 	(iii) self-pay;
23.23 	(9) whether coverage was under:
23.24 	(i) a fee-for-service plan;
23.25 	(ii) a capitated private plan; or
23.26 	(iii) other;
23.27 	(10) complications, if any, for each abortion and for the aftermath of each abortion. 
23.28 	Space for a description of any complications shall be available on the form;
24.1 	(11) the medical specialty of the physician performing the abortion;
24.2 	(12) if the abortion was performed via telemedicine, the facility code for the patient and 
24.3 	the facility code for the physician; and
24.4 	(13) whether the abortion resulted in a born alive infant, as defined in section 145.423, 
24.5 	subdivision 4, and:
24.6 	(i) any medical actions taken to preserve the life of the born alive infant;
24.7 	(ii) whether the born alive infant survived; and
24.8 	(iii) the status of the born alive infant, should the infant survive, if known.;
24.9 	(14) whether a determination of probable postfertilization age was made and the probable 
24.10 	postfertilization age determined, including:
24.11 	(i) the method used to make such a determination; or
24.12 	(ii) if a determination was not made prior to performing an abortion, the basis of the 
24.13 	determination that a medical emergency existed; and
24.14 	(15) for abortions performed after a determination of postfertilization age of 20 or more 
24.15 	weeks, the basis of the determination that the pregnant woman had a condition that so 
24.16 	complicated her medical condition as to necessitate the abortion of her pregnancy to avert 
24.17 	her death or to avert serious risk of substantial and irreversible physical impairment of a 
24.18 	major bodily function, not including psychological or emotional conditions.

24.19 	Sec. 24. [145.4141] DEFINITIONS.
24.20 		Subdivision 1.Scope. For purposes of sections 145.4141 to 145.4147, the following 
24.21 	terms have the meanings given them.
24.22 		Subd. 2.Abortion. "Abortion" means the use or prescription of any instrument, medicine, 
24.23 	drug, or any other substance or device to terminate the pregnancy of a woman known to be 
24.24 	pregnant, with an intention other than to increase the probability of a live birth; to preserve 
24.25 	the life or health of the child after live birth; or to remove a dead unborn child who died as 
24.26 	the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant 
24.27 	woman or her unborn child; and which causes the premature termination of the pregnancy.
24.28 		Subd. 3.Attempt to perform or induce an abortion. "Attempt to perform or induce 
24.29 	an abortion" means an act, or an omission of a statutorily required act, that, under the 
24.30 	circumstances as the actor believes them to be, constitutes a substantial step in a course of 
25.1 	conduct planned to culminate in the performance or induction of an abortion in this state in 
25.2 	violation of sections 145.4141 to 145.4147.
25.3 		Subd. 4.Fertilization. "Fertilization" means the fusion of a human spermatozoon with 
25.4 	a human ovum.
25.5 		Subd. 5.Medical emergency. "Medical emergency" means a condition that, in reasonable 
25.6 	medical judgment, so complicates the medical condition of the pregnant woman that it 
25.7 	necessitates the immediate abortion of her pregnancy without first determining 
25.8 	postfertilization age to avert her death or for which the delay necessary to determine 
25.9 	postfertilization age will create serious risk of substantial and irreversible physical impairment 
25.10 	of a major bodily function not including psychological or emotional conditions. No condition 
25.11 	shall be deemed a medical emergency if based on a claim or diagnosis that the woman will 
25.12 	engage in conduct which she intends to result in her death or in substantial and irreversible 
25.13 	physical impairment of a major bodily function.
25.14 		Subd. 6.Physician. "Physician" means any person licensed to practice medicine and 
25.15 	surgery or osteopathic medicine and surgery in this state.
25.16 		Subd. 7.Postfertilization age. "Postfertilization age" means the age of the unborn child 
25.17 	as calculated from the fusion of a human spermatozoon with a human ovum.
25.18 		Subd. 8.Probable postfertilization age of the unborn child. "Probable postfertilization 
25.19 	age of the unborn child" means what, in reasonable medical judgment, will with reasonable 
25.20 	probability be the postfertilization age of the unborn child at the time the abortion is planned 
25.21 	to be performed or induced.
25.22 		Subd. 9.Reasonable medical judgment. "Reasonable medical judgment" means a 
25.23 	medical judgment that would be made by a reasonably prudent physician knowledgeable 
25.24 	about the case and the treatment possibilities with respect to the medical conditions involved.
25.25 		Subd. 10.Unborn child or fetus. "Unborn child" or "fetus" means an individual organism 
25.26 	of the species homo sapiens from fertilization until live birth.
25.27 		Subd. 11.Woman. "Woman" means a female human being whether or not she has 
25.28 	reached the age of majority.

25.29 	Sec. 25. [145.4142] LEGISLATIVE FINDINGS.
25.30 	(a) The legislature makes the following findings.
25.31 	(b) Pain receptors (nociceptors) are present throughout an unborn child's entire body 
25.32 	and nerves link these receptors to the brain's thalamus and subcortical plate by 20 weeks.
26.1 	(c) By eight weeks after fertilization, an unborn child reacts to touch. After 20 weeks 
26.2 	an unborn child reacts to stimuli that would be recognized as painful if applied to an adult 
26.3 	human, for example by recoiling.
26.4 	(d) In the unborn child, application of such painful stimuli is associated with significant 
26.5 	increases in stress hormones known as the stress response.
26.6 	(e) Subjection to such painful stimuli is associated with long-term harmful 
26.7 	neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, 
26.8 	behavioral, and learning disabilities later in life.
26.9 	(f) For the purposes of surgery on an unborn child, fetal anesthesia is routinely 
26.10 	administered and is associated with a decrease in stress hormones compared to the level 
26.11 	when painful stimuli is applied without anesthesia.
26.12 	(g) The position, asserted by some medical experts, that an unborn child is incapable of 
26.13 	experiencing pain until a point later in pregnancy than 20 weeks after fertilization 
26.14 	predominately rests on the assumption that the ability to experience pain depends on the 
26.15 	cerebral cortex and requires nerve connections between the thalamus and the cortex. 
26.16 	However, recent medical research and analysis, especially since 2007, provides strong 
26.17 	evidence for the conclusion that a functioning cortex is not necessary to experience pain.
26.18 	(h) Substantial evidence indicates that children born missing the bulk of the cerebral 
26.19 	cortex, those with hydranencephaly, nevertheless experience pain.
26.20 	(i) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, 
26.21 	while stimulation or ablation of the thalamus does.
26.22 	(j) Substantial evidence indicates that structures used for pain processing in early 
26.23 	development differ from those of adults, using different neural elements available at specific 
26.24 	times during development, such as the subcortical plate, to fulfill the role of pain processing.
26.25 	(k) The position asserted by some medical experts, that the unborn child remains in a 
26.26 	coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with 
26.27 	the documented reaction of unborn children to painful stimuli and with the experience of 
26.28 	fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to 
26.29 	prevent the unborn child from thrashing about in reaction to invasive surgery.
26.30 	(l) Consequently, there is substantial medical evidence that an unborn child is capable 
26.31 	of experiencing pain by 20 weeks after fertilization.
27.1 	(m) It is the purpose of the state to assert a compelling state interest in protecting the 
27.2 	lives of unborn children from the stage at which substantial medical evidence indicates that 
27.3 	they are capable of feeling pain.

27.4 	Sec. 26. [145.4143] DETERMINATION OF POSTFERTILIZATION AGE.
27.5 		Subdivision 1.Determination of postfertilization age. Except in the case of a medical 
27.6 	emergency, no abortion shall be performed or induced or be attempted to be performed or 
27.7 	induced unless the physician performing or inducing it has first made a determination of 
27.8 	the probable postfertilization age of the unborn child or relied upon such a determination 
27.9 	made by another physician. In making such a determination, the physician shall make those 
27.10 	inquiries of the woman and perform or cause to be performed those medical examinations 
27.11 	and tests that a reasonably prudent physician, knowledgeable about the case and the medical 
27.12 	conditions involved, would consider necessary to perform in making an accurate diagnosis 
27.13 	with respect to postfertilization age.
27.14 		Subd. 2.Unprofessional conduct. Failure by any physician to conform to any 
27.15 	requirement of this section constitutes unprofessional conduct under section 147.091, 
27.16 	subdivision 1, paragraph (k).

27.17 	Sec. 27. [145.4144] ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS 
27.18 	POSTFERTILIZATION AGE PROHIBITED; CAPABLE OF FEELING PAIN.
27.19 		Subdivision 1.Abortion prohibition; exemption. No person shall perform or induce 
27.20 	or attempt to perform or induce an abortion upon a woman when it has been determined, 
27.21 	by the physician performing or inducing or attempting to perform or induce the abortion, 
27.22 	or by another physician upon whose determination that physician relies, that the probable 
27.23 	postfertilization age of the woman's unborn child is 20 or more weeks unless, in reasonable 
27.24 	medical judgment, she has a condition which so complicates her medical condition as to 
27.25 	necessitate the abortion of her pregnancy to avert her death or to avert serious risk of 
27.26 	substantial and irreversible physical impairment of a major bodily function, not including 
27.27 	psychological or emotional conditions. No such condition shall be deemed to exist if it is 
27.28 	based on a claim or diagnosis that the woman will engage in conduct which she intends to 
27.29 	result in her death or in substantial and irreversible physical impairment of a major bodily 
27.30 	function.
27.31 		Subd. 2.When abortion not prohibited. When an abortion upon a woman whose 
27.32 	unborn child has been determined to have a probable postfertilization age of 20 or more 
27.33 	weeks is not prohibited by this section, the physician shall terminate the pregnancy in the 
28.1 	manner which, in reasonable medical judgment, provides the best opportunity for the unborn 
28.2 	child to survive unless, in reasonable medical judgment, termination of the pregnancy in 
28.3 	that manner would pose a greater risk either of the death of the pregnant woman or of the 
28.4 	substantial and irreversible physical impairment of a major bodily function, not including 
28.5 	psychological or emotional conditions, of the woman than would other available methods. 
28.6 	No such greater risk shall be deemed to exist if it is based on a claim or diagnosis that the 
28.7 	woman will engage in conduct which she intends to result in her death or in substantial and 
28.8 	irreversible physical impairment of a major bodily function.

28.9 	Sec. 28. [145.4145] ENFORCEMENT.
28.10 		Subdivision 1.Criminal penalties. A person who intentionally or recklessly performs 
28.11 	or induces or attempts to perform or induce an abortion in violation of sections 145.4141 
28.12 	to 145.4147 shall be guilty of a felony. No penalty may be assessed against the woman upon 
28.13 	whom the abortion is performed or induced or attempted to be performed or induced.
28.14 		Subd. 2.Civil remedies. (a) A woman upon whom an abortion has been performed or 
28.15 	induced in violation of sections 145.4141 to 145.4147, or the father of the unborn child who 
28.16 	was the subject of such an abortion, may maintain an action against the person who performed 
28.17 	or induced the abortion in intentional or reckless violation of sections 145.4141 to 145.4147 
28.18 	for damages. A woman upon whom an abortion has been attempted in violation of sections 
28.19 	145.4141 to 145.4147 may maintain an action against the person who attempted to perform 
28.20 	or induce the abortion in an intentional or reckless violation of sections 145.4141 to 145.4147 
28.21 	for damages.
28.22 	(b) A cause of action for injunctive relief against a person who has intentionally violated 
28.23 	sections 145.4141 to 145.4147 may be maintained by the woman upon whom an abortion 
28.24 	was performed or induced or attempted to be performed or induced in violation of sections 
28.25 	145.4141 to 145.4147; by a person who is the father of the unborn child subject to an 
28.26 	abortion, parent, sibling, or guardian of, or a current or former licensed health care provider 
28.27 	of, the woman upon whom an abortion has been performed or induced or attempted to be 
28.28 	performed or induced in violation of sections 145.4141 to 145.4147; by a county attorney 
28.29 	with appropriate jurisdiction; or by the attorney general. The injunction shall prevent the 
28.30 	abortion provider from performing or inducing or attempting to perform or induce further 
28.31 	abortions in this state in violation of sections 145.4141 to 145.4147.
28.32 	(c) If judgment is rendered in favor of the plaintiff in an action described in this section, 
28.33 	the court shall also render judgment for reasonable attorney fees in favor of the plaintiff 
28.34 	against the defendant.
29.1 	(d) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's 
29.2 	suit was frivolous and brought in bad faith, the court shall also render judgment for reasonable 
29.3 	attorney fees in favor of the defendant against the plaintiff.
29.4 	(e) No damages or attorney fees may be assessed against the woman upon whom an 
29.5 	abortion was performed or induced or attempted to be performed or induced except according 
29.6 	to paragraph (d).

29.7 	Sec. 29. [145.4146] PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
29.8 	In every civil or criminal proceeding or action brought under the Pain-Capable Unborn 
29.9 	Child  Protection Act, the court shall rule on whether the anonymity of a woman upon whom 
29.10 	an abortion has been performed or induced or attempted to be performed or induced shall 
29.11 	be preserved from public disclosure if she does not give her consent to such disclosure.  The 
29.12 	court, upon motion or sua sponte, shall make such a ruling and, upon determining that her 
29.13 	anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and 
29.14 	shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing 
29.15 	rooms to the extent necessary to safeguard her identity from public disclosure.  Each such 
29.16 	order shall be accompanied by specific written findings explaining why the anonymity of 
29.17 	the woman should be preserved from public disclosure, why the order is essential to that 
29.18 	end, how the order is narrowly tailored to serve that interest, and why no reasonable, less 
29.19 	restrictive alternative exists.  In the absence of written consent of the woman upon whom 
29.20 	an abortion has been performed or induced or attempted to be performed or induced, anyone, 
29.21 	other than a public official, who brings an action under section 145.4145, subdivision 2, 
29.22 	shall do so under a pseudonym. This section may not be construed to conceal the identity 
29.23 	of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.

29.24 	Sec. 30. [145.4147] SEVERABILITY.
29.25 	If any one or more provisions, sections, subsections, sentences, clauses, phrases, or 
29.26 	words of sections 145.4141 to 145.4146, or the application thereof to any person or 
29.27 	circumstance is found to be unconstitutional, the same is hereby declared to be severable 
29.28 	and the balance of sections 145.4141 to 145.4146 shall remain effective notwithstanding 
29.29 	such unconstitutionality.  The legislature hereby declares that it would have passed sections 
29.30 	145.4141 to 145.4146, and each provision, section, subsection, sentence, clause, phrase, or 
29.31 	word thereof, irrespective of the fact that any one or more provisions, sections, subsections, 
29.32 	sentences, clauses, phrases, or words of sections 145.4141 to 145.4146, or the application 
29.33 	of sections 145.4141 to 145.4146, would be declared unconstitutional.

30.1 	Sec. 31. Minnesota Statutes 2018, section 145.4235, subdivision 2, is amended to read:
30.2 		Subd. 2.Eligibility for grants. (a) The commissioner shall award grants to eligible 
30.3 	applicants under paragraph (c) for the reasonable expenses of alternatives to abortion 
30.4 	programs to support, encourage, and assist women in carrying their pregnancies to term and 
30.5 	caring for their babies after birth by providing information on, referral to, and assistance 
30.6 	with securing necessary services that enable women to carry their pregnancies to term and 
30.7 	care for their babies after birth. Necessary services must include, but are not limited to:
30.8 	(1) medical care;
30.9 	(2) nutritional services;
30.10 	(3) housing assistance;
30.11 	(4) adoption services;
30.12 	(5) education and employment assistance, including services that support the continuation 
30.13 	and completion of high school;
30.14 	(6) child care assistance; and
30.15 	(7) parenting education and support services.
30.16 	An applicant may not provide or assist a woman to obtain adoption services from a provider 
30.17 	of adoption services that is not licensed.
30.18 	(b) In addition to providing information and referral under paragraph (a), an eligible 
30.19 	program may provide one or more of the necessary services under paragraph (a) that assists 
30.20 	women in carrying their pregnancies to term. To avoid duplication of efforts, grantees may 
30.21 	refer to other public or private programs, rather than provide the care directly, if a woman 
30.22 	meets eligibility criteria for the other programs.
30.23 	(c) To be eligible for a grant, an agency or organization must:
30.24 	(1) be a private, nonprofit organization;
30.25 	(2) demonstrate that the program is conducted under appropriate supervision;
30.26 	(3) not charge women for services provided under the program;
30.27 	(4) provide each pregnant woman counseled with accurate information on the 
30.28 	developmental characteristics of babies and of unborn children, including offering the printed 
30.29 	information described in section 145.4243;
30.30 	(5) ensure that its alternatives-to-abortion program's purpose is to assist and encourage 
30.31 	women in carrying their pregnancies to term and to maximize their potentials thereafter;
31.1 	(6) ensure that none of the money provided is used to encourage or affirmatively counsel 
31.2 	a woman to have an abortion not necessary to prevent her death, to provide her an abortion, 
31.3 	or to directly refer her to an abortion provider for an abortion. The agency or organization 
31.4 	may provide nondirective counseling; and
31.5 	(7) have had the alternatives to abortion program in existence for at least one year as of 
31.6 	July 1, 2011; or incorporated an alternative to abortion program that has been in existence 
31.7 	for at least one year as of July 1, 2011 for at least two years prior to the date the agency or 
31.8 	organization submits an application to the commissioner for a grant under this section.
31.9 	(d) The provisions, words, phrases, and clauses of paragraph (c) are inseverable from 
31.10 	this subdivision, and if any provision, word, phrase, or clause of paragraph (c) or its 
31.11 	application to any person or circumstance is held invalid, the invalidity applies to all of this 
31.12 	subdivision.
31.13 	(e) An organization that provides abortions, promotes abortions, or directly refers to an 
31.14 	abortion provider for an abortion is ineligible to receive a grant under this program. An 
31.15 	affiliate of an organization that provides abortions, promotes abortions, or directly refers 
31.16 	to an abortion provider for an abortion is ineligible to receive a grant under this section 
31.17 	unless the organizations are separately incorporated and independent from each other. To 
31.18 	be independent, the organizations may not share any of the following:
31.19 	(1) the same or a similar name;
31.20 	(2) medical facilities or nonmedical facilities, including but not limited to, business 
31.21 	offices, treatment rooms, consultation rooms, examination rooms, and waiting rooms;
31.22 	(3) expenses;
31.23 	(4) employee wages or salaries; or
31.24 	(5) equipment or supplies, including but not limited to, computers, telephone systems, 
31.25 	telecommunications equipment, and office supplies.
31.26 	(f) An organization that receives a grant under this section and that is affiliated with an 
31.27 	organization that provides abortion services must maintain financial records that demonstrate 
31.28 	strict compliance with this subdivision and that demonstrate that its independent affiliate 
31.29 	that provides abortion services receives no direct or indirect economic or marketing benefit 
31.30 	from the grant under this section.
31.31 	(g) The commissioner shall approve any information provided by a grantee on the health 
31.32 	risks associated with abortions to ensure that the information is medically accurate.

32.1 	Sec. 32. Minnesota Statutes 2018, section 145.4242, is amended to read:
32.2 	145.4242 INFORMED CONSENT.
32.3 	(a) No abortion shall be performed in this state except with the voluntary and informed 
32.4 	consent of the female upon whom the abortion is to be performed. Except in the case of a 
32.5 	medical emergency or if the fetus has an anomaly incompatible with life, and the female 
32.6 	has declined perinatal hospice care, consent to an abortion is voluntary and informed only 
32.7 	if:
32.8 	(1) the female is told the following, by telephone or in person, by the physician who is 
32.9 	to perform the abortion or by a referring physician, at least 24 hours before the abortion:
32.10 	(i) the particular medical risks associated with the particular abortion procedure to be 
32.11 	employed including, when medically accurate, the risks of infection, hemorrhage, breast 
32.12 	cancer, danger to subsequent pregnancies, and infertility;
32.13 	(ii) the probable gestational age of the unborn child at the time the abortion is to be 
32.14 	performed;
32.15 	(iii) the medical risks associated with carrying her child to term; and
32.16 	(iv) for abortions after 20 weeks gestational, whether or not an anesthetic or analgesic 
32.17 	would eliminate or alleviate organic pain to the unborn child caused by the particular method 
32.18 	of abortion to be employed and the particular medical benefits and risks associated with the 
32.19 	particular anesthetic or analgesic.
32.20 	The information required by this clause may be provided by telephone without conducting 
32.21 	a physical examination or tests of the patient, in which case the information required to be 
32.22 	provided may be based on facts supplied to the physician by the female and whatever other 
32.23 	relevant information is reasonably available to the physician. It may not be provided by a 
32.24 	tape recording, but must be provided during a consultation in which the physician is able 
32.25 	to ask questions of the female and the female is able to ask questions of the physician. If a 
32.26 	physical examination, tests, or the availability of other information to the physician 
32.27 	subsequently indicate, in the medical judgment of the physician, a revision of the information 
32.28 	previously supplied to the patient, that revised information may be communicated to the 
32.29 	patient at any time prior to the performance of the abortion. Nothing in this section may be 
32.30 	construed to preclude provision of required information in a language understood by the 
32.31 	patient through a translator;
33.1 	(2) the female is informed, by telephone or in person, by the physician who is to perform 
33.2 	the abortion, by a referring physician, or by an agent of either physician at least 24 hours 
33.3 	before the abortion:
33.4 	(i) that medical assistance benefits may be available for prenatal care, childbirth, and 
33.5 	neonatal care;
33.6 	(ii) that the father is liable to assist in the support of her child, even in instances when 
33.7 	the father has offered to pay for the abortion; and
33.8 	(iii) that she has the right to review the printed materials described in section 145.4243, 
33.9 	that these materials are available on a state-sponsored website, and what the website address 
33.10 	is. The physician or the physician's agent shall orally inform the female that the materials 
33.11 	have been provided by the state of Minnesota and that they describe the unborn child, list 
33.12 	agencies that offer alternatives to abortion, and contain information on fetal pain. If the 
33.13 	female chooses to view the materials other than on the website, they shall either be given 
33.14 	to her at least 24 hours before the abortion or mailed to her at least 72 hours before the 
33.15 	abortion by certified mail, restricted delivery to addressee, which means the postal employee 
33.16 	can only deliver the mail to the addressee.
33.17 	The information required by this clause may be provided by a tape recording if provision 
33.18 	is made to record or otherwise register specifically whether the female does or does not 
33.19 	choose to have the printed materials given or mailed to her;
33.20 	(3) the female certifies in writing, prior to the abortion, that the information described 
33.21 	in clauses (1) and (2) has been furnished to her and that she has been informed of her 
33.22 	opportunity to review the information referred to in clause (2), item (iii); and
33.23 	(4) prior to the performance of the abortion, the physician who is to perform the abortion 
33.24 	or the physician's agent obtains a copy of the written certification prescribed by clause (3) 
33.25 	and retains it on file with the female's medical record for at least three years following the 
33.26 	date of receipt.
33.27 	(b) Prior to administering the anesthetic or analgesic as described in paragraph (a), clause 
33.28 	(1), item (iv), the physician must disclose to the woman any additional cost of the procedure 
33.29 	for the administration of the anesthetic or analgesic. If the woman consents to the 
33.30 	administration of the anesthetic or analgesic, the physician shall administer the anesthetic 
33.31 	or analgesic or arrange to have the anesthetic or analgesic administered.
33.32 	(c) A female seeking an abortion of her unborn child diagnosed with fetal anomaly 
33.33 	incompatible with life must be informed of available perinatal hospice services and offered 
34.1 	this care as an alternative to abortion. If perinatal hospice services are declined, voluntary 
34.2 	and informed consent by the female seeking an abortion is given if the female receives the 
34.3 	information required in paragraphs (a), clause (1), and (b). The female must comply with 
34.4 	the requirements in paragraph (a), clauses (3) and (4).
34.5 	(d) If, at any time prior to the performance of an abortion, a female undergoes an 
34.6 	ultrasound examination, or a physician determines that ultrasound imaging will be used 
34.7 	during the course of a patient's abortion, the physician or the physician's agent shall orally 
34.8 	inform the patient of the opportunity to view or decline to view an active ultrasound image 
34.9 	of the unborn child.

34.10 	Sec. 33. Minnesota Statutes 2018, section 145.4244, is amended to read:
34.11 	145.4244 INTERNET WEBSITE.
34.12 	(a) The commissioner of health shall develop and maintain a stable Internet website to 
34.13 	provide the information described under section 145.4243. No information regarding who 
34.14 	uses the website shall be collected or maintained. The commissioner of health shall monitor 
34.15 	the website on a weekly basis to prevent and correct tampering.
34.16 	(b) A health care facility performing abortions must provide the information described 
34.17 	in section 145.4243 on the facility's website or provide a link to the Department of Health 
34.18 	website where this information may be viewed.

34.19 	Sec. 34. Minnesota Statutes 2018, section 145.928, subdivision 1, is amended to read:
34.20 		Subdivision 1.Goal; establishment. It is the goal of the state, by 2010, to decrease by 
34.21 	50 percent the disparities in infant mortality rates and adult and child immunization rates 
34.22 	for American Indians and populations of color, as compared with rates for whites. To do 
34.23 	so and to achieve other measurable outcomes, the commissioner of health shall establish a 
34.24 	program to close the gap in the health status of American Indians and populations of color 
34.25 	as compared with whites in the following priority areas: infant mortality, access to and 
34.26 	utilization of high-quality prenatal care, breast and cervical cancer screening, HIV/AIDS 
34.27 	and sexually transmitted infections, adult and child immunizations, cardiovascular disease, 
34.28 	diabetes, and accidental injuries and violence.

34.29 	Sec. 35. Minnesota Statutes 2018, section 145.928, subdivision 7, is amended to read:
34.30 		Subd. 7.Community grant program; immunization rates, prenatal care access and 
34.31 	utilization, and infant mortality rates. (a) The commissioner shall award grants to eligible 
35.1 	applicants for local or regional projects and initiatives directed at reducing health disparities 
35.2 	in one or both more of the following priority areas:
35.3 	(1) decreasing racial and ethnic disparities in infant mortality rates; or
35.4 	(2) decreasing racial and ethnic disparities in access to and utilization of high-quality 
35.5 	prenatal care; or
35.6 	(2) (3) increasing adult and child immunization rates in nonwhite racial and ethnic 
35.7 	populations.
35.8 	(b) The commissioner may award up to 20 percent of the funds available as planning 
35.9 	grants. Planning grants must be used to address such areas as community assessment, 
35.10 	coordination activities, and development of community supported strategies.
35.11 	(c) Eligible applicants may include, but are not limited to, faith-based organizations, 
35.12 	social service organizations, community nonprofit organizations, community health boards, 
35.13 	tribal governments, and community clinics. Applicants must submit proposals to the 
35.14 	commissioner. A proposal must specify the strategies to be implemented to address one or 
35.15 	both more of the priority areas listed in paragraph (a) and must be targeted to achieve the 
35.16 	outcomes established according to subdivision 3.
35.17 	(d) The commissioner shall give priority to applicants who demonstrate that their 
35.18 	proposed project or initiative:
35.19 	(1) is supported by the community the applicant will serve;
35.20 	(2) is research-based or based on promising strategies;
35.21 	(3) is designed to complement other related community activities;
35.22 	(4) utilizes strategies that positively impact both two or more priority areas;
35.23 	(5) reflects racially and ethnically appropriate approaches; and
35.24 	(6) will be implemented through or with community-based organizations that reflect the 
35.25 	race or ethnicity of the population to be reached.

35.26 	Sec. 36. Minnesota Statutes 2018, section 145.986, subdivision 1, is amended to read:
35.27 		Subdivision 1.Purpose. The purpose of the statewide health improvement program is 
35.28 	to:
35.29 	(1) address the top three leading preventable causes of illness and death: tobacco use 
35.30 	and exposure, poor diet, and lack of regular physical activity as determined by the 
35.31 	commissioner through the statewide health assessment;
36.1 	(2) promote the development, availability, and use of evidence-based, community level, 
36.2 	comprehensive strategies to create healthy communities; and
36.3 	(3) measure the impact of the evidence-based, community health improvement practices 
36.4 	which over time work to contain health care costs and reduce chronic diseases.

36.5 	Sec. 37. Minnesota Statutes 2018, section 145.986, subdivision 1a, is amended to read:
36.6 		Subd. 1a.Grants to local communities. (a) Beginning July 1, 2009, The commissioner 
36.7 	of health shall award competitive grants to community health boards and tribal governments 
36.8 	to convene, coordinate, and implement evidence-based proven-effective strategies targeted 
36.9 	at reducing the percentage of Minnesotans who are obese or overweight and to reduce the 
36.10 	use of tobacco, and promising practices or activities that can be evaluated using experimental 
36.11 	or quasi-experimental design. Grants shall be awarded to all community health boards and 
36.12 	tribal governments whose proposals demonstrate the ability to implement programs designed 
36.13 	to achieve the purposes in subdivision 1 and other requirements of this section.
36.14 	(b) Grantee activities shall:
36.15 	(1) be based on scientific evidence;
36.16 	(2) be based on community input;
36.17 	(3) address behavior change at the individual, community, and systems levels;
36.18 	(4) occur in community, school, work site, and health care settings;
36.19 	(5) be focused on policy, systems, and environmental changes that support healthy 
36.20 	behaviors; and
36.21 	(6) address the health disparities and inequities that exist in the grantee's community.
36.22 	(c) To receive a grant under this section, community health boards and tribal governments 
36.23 	must submit proposals to the commissioner. A local match of ten percent of the total funding 
36.24 	allocation is required. This local match may include funds donated by community partners.
36.25 	(d) In order to receive a grant, community health boards and tribal governments must 
36.26 	submit a health improvement plan to the commissioner of health for approval. The 
36.27 	commissioner may require the plan to identify a community leadership team, community 
36.28 	partners, and a community action plan that includes an assessment of area strengths and 
36.29 	needs, proposed action strategies, technical assistance needs, and a staffing plan.
36.30 	(e) The grant recipient must implement the health improvement plan, evaluate the 
36.31 	effectiveness of the strategies, and modify or discontinue strategies found to be ineffective.
37.1 	(f) Grant recipients shall report their activities and their progress toward the outcomes 
37.2 	established under subdivision 2 to the commissioner in a format and at a time specified by 
37.3 	the commissioner.
37.4 	(g) All grant recipients shall be held accountable for making progress toward the 
37.5 	measurable outcomes established in subdivision 2. The commissioner shall require a 
37.6 	corrective action plan and may reduce the funding level of grant recipients that do not make 
37.7 	adequate progress toward the measurable outcomes.
37.8 	(h) Beginning November 1, 2015, the commissioner shall offer grant recipients the 
37.9 	option of using a grant awarded under this subdivision to implement health improvement 
37.10 	strategies that improve the health status, delay the expression of dementia, or slow the 
37.11 	progression of dementia, for a targeted population at risk for dementia and shall award at 
37.12 	least two of the grants awarded on November 1, 2015, for these purposes. The grants must 
37.13 	meet all other requirements of this section. The commissioner shall coordinate grant planning 
37.14 	activities with the commissioner of human services, the Minnesota Board on Aging, and 
37.15 	community-based organizations with a focus on dementia. Each grant must include selected 
37.16 	outcomes and evaluation measures related to the incidence or progression of dementia 
37.17 	among the targeted population using the procedure described in subdivision 2. For purposes 
37.18 	of this subdivision, "proven-effective strategy" means a strategy or practice that offers a 
37.19 	high level of research on effectiveness for at least one outcome of interest; and "promising 
37.20 	practice or activity" means a practice or activity that is supported by research demonstrating 
37.21 	effectiveness for at least one outcome of interest.
37.22 	(i) Beginning July 1, 2017, the commissioner shall offer grant recipients the option of 
37.23 	using a grant awarded under this subdivision to confront the opioid addiction and overdose 
37.24 	epidemic, and shall award at least two of the grants awarded on or after July 1, 2017, for 
37.25 	these purposes. The grants awarded under this paragraph must meet all other requirements 
37.26 	of this section. The commissioner shall coordinate grant planning activities with the 
37.27 	commissioner of human services. Each grant shall include selected outcomes and evaluation 
37.28 	measures related to addressing the opioid epidemic.

37.29 	Sec. 38. Minnesota Statutes 2018, section 145.986, subdivision 4, is amended to read:
37.30 		Subd. 4.Evaluation. (a) Using the outcome measures established in subdivision 3, the 
37.31 	commissioner shall conduct a biennial evaluation of the statewide health improvement 
37.32 	program grants funded under this section. The evaluation must use the most appropriate 
37.33 	experimental or quasi-experimental design suitable for the grant activity or project. Grant 
37.34 	recipients shall cooperate with the commissioner in the evaluation and provide the 
38.1 	commissioner with the information necessary to conduct the evaluation, including information 
38.2 	on any impact on the health indicators listed in section 62U.10, subdivision 6, within the 
38.3 	geographic area or among the population targeted.
38.4 	(b) Grant recipients will collect, monitor, and submit to the Department of Health baseline 
38.5 	and annual data and provide information to improve the quality and impact of community 
38.6 	health improvement strategies.
38.7 	(c) For the purposes of carrying out the grant program under this section, including for 
38.8 	administrative purposes, the commissioner shall award contracts to appropriate entities to 
38.9 	assist in designing and implementing evaluation systems. The commissioner shall consult 
38.10 	with the commissioner of management and budget to ensure that the evaluation process is 
38.11 	using experimental or quasi-experimental design.
38.12 	(d) Contracts awarded under paragraph (c) may be used to:
38.13 	(1) develop grantee monitoring and reporting systems to track grantee progress, including 
38.14 	aggregated and disaggregated data;
38.15 	(2) manage, analyze, and report program evaluation data results; and
38.16 	(3) utilize innovative support tools to analyze and predict the impact of prevention 
38.17 	strategies on health outcomes and state health care costs over time.
38.18 	(e) For purposes of this subdivision, "experimental design" means a method of evaluating 
38.19 	the impact of a strategy that uses random assignment to establish statistically similar groups, 
38.20 	so that any difference in outcomes found at the end of the evaluation can be attributed to 
38.21 	the strategy being evaluated; and "quasi-experimental design" means a method of evaluating 
38.22 	the impact of a strategy that uses an approach other than random assignment to establish 
38.23 	statistically similar groups, so that any difference in outcomes found at the end of the 
38.24 	evaluation can be attributed to the strategy being evaluated.

38.25 	Sec. 39. Minnesota Statutes 2018, section 145.986, subdivision 5, is amended to read:
38.26 		Subd. 5.Report. The commissioner shall submit a biennial report to the legislature on 
38.27 	the statewide health improvement program funded under this section. The report must 
38.28 	include information on each grant recipient, including the activities that were conducted by 
38.29 	the grantee using grant funds, the grantee's progress toward achieving the measurable 
38.30 	outcomes established under subdivision 2, and the data provided to the commissioner by 
38.31 	the grantee to measure these outcomes for grant activities. The commissioner shall provide 
38.32 	information on grants in which a corrective action plan was required under subdivision 1a, 
38.33 	the types of plan action, and the progress that has been made toward meeting the measurable 
39.1 	outcomes. In addition, the commissioner shall provide recommendations on future areas of 
39.2 	focus for health improvement. These reports are due by January 15 of every other year, 
39.3 	beginning in 2010. In the report due on January 15, 2014,In the reports due beginning 
39.4 	January 15, 2020, the commissioner shall include a description of the contracts awarded 
39.5 	under subdivision 4, paragraph (c), and the monitoring and evaluation systems that were 
39.6 	designed and implemented under these contracts.

39.7 	Sec. 40. Minnesota Statutes 2018, section 145.986, subdivision 6, is amended to read:
39.8 		Subd. 6.Supplantation of existing funds. Community health boards and tribal 
39.9 	governments must use funds received under this section to develop new programs, expand 
39.10 	current programs that work to reduce the percentage of Minnesotans who are obese or 
39.11 	overweight or who use tobacco, or replace discontinued state or federal funds previously 
39.12 	used to reduce the percentage of Minnesotans who are obese or overweight or who use 
39.13 	tobacco. Funds must not be used to supplant current state or local funding to community 
39.14 	health boards or tribal governments used to reduce the percentage of Minnesotans who are 
39.15 	obese or overweight or to reduce tobacco use.

39.16 	Sec. 41. Minnesota Statutes 2018, section 152.22, is amended by adding a subdivision to 
39.17 	read:
39.18 		Subd. 5a.Hemp. "Hemp" means industrial hemp as defined in section 18K.02, 
39.19 	subdivision 3.

39.20 	Sec. 42. Minnesota Statutes 2018, section 152.22, subdivision 6, is amended to read:
39.21 		Subd. 6.Medical cannabis. (a) "Medical cannabis" means any species of the genus 
39.22 	cannabis plant, or any mixture or preparation of them, including whole plant extracts and 
39.23 	resins, and is delivered in the form of:
39.24 	(1) liquid, including, but not limited to, oil;
39.25 	(2) pill;
39.26 	(3) vaporized delivery method with use of liquid or oil but which does not require the 
39.27 	use of dried leaves or plant form; or
39.28 	(4) any other method, excluding smoking, approved by the commissioner.
39.29 	(b) This definition includes any part of the genus cannabis plant prior to being processed 
39.30 	into a form allowed under paragraph (a), that is possessed by a person while that person is 
39.31 	engaged in employment duties necessary to carry out a requirement under sections 152.22
40.1 	to 152.37 for a registered manufacturer or a laboratory under contract with a registered 
40.2 	manufacturer. This definition also includes any hemp acquired by a manufacturer by a hemp 
40.3 	grower licensed under chapter 18K as permitted under section 152.29, subdivision 1, 
40.4 	paragraph (b).

40.5 	Sec. 43. Minnesota Statutes 2018, section 152.25, subdivision 4, is amended to read:
40.6 		Subd. 4.Reports. (a) The commissioner shall provide regular updates to the task force 
40.7 	on medical cannabis therapeutic research and to the chairs and ranking minority members 
40.8 	of the legislative committees with jurisdiction over health and human services, public safety, 
40.9 	judiciary, and civil law regarding: (1) any changes in federal law or regulatory restrictions 
40.10 	regarding the use of medical cannabis and hemp; and (2) the market demand and supply in 
40.11 	this state for hemp products that can be used for medicinal purposes.
40.12 	(b) The commissioner may submit medical research based on the data collected under 
40.13 	sections 152.22 to 152.37 to any federal agency with regulatory or enforcement authority 
40.14 	over medical cannabis to demonstrate the effectiveness of medical cannabis for treating a 
40.15 	qualifying medical condition.

40.16 	Sec. 44. Minnesota Statutes 2018, section 152.28, subdivision 1, is amended to read:
40.17 		Subdivision 1.Health care practitioner duties. (a) Prior to a patient's enrollment in 
40.18 	the registry program, a health care practitioner shall:
40.19 	(1) determine, in the health care practitioner's medical judgment, whether a patient suffers 
40.20 	from a qualifying medical condition, and, if so determined, provide the patient with a 
40.21 	certification of that diagnosis;
40.22 	(2) determine whether a patient is developmentally or physically disabled and, as a result 
40.23 	of that disability, the patient is unable to self-administer medication or acquire medical 
40.24 	cannabis from a distribution facility, and, if so determined, include that determination on 
40.25 	the patient's certification of diagnosis;
40.26 	(3) advise patients, registered designated caregivers, and parents or legal guardians who 
40.27 	are acting as caregivers of the existence of any nonprofit patient support groups or 
40.28 	organizations;
40.29 	(4) provide explanatory information from the commissioner to patients with qualifying 
40.30 	medical conditions, including disclosure to all patients about the experimental nature of 
40.31 	therapeutic use of medical cannabis; the possible risks, benefits, and side effects of the 
41.1 	proposed treatment; the application and other materials from the commissioner; and provide 
41.2 	patients with the Tennessen warning as required by section 13.04, subdivision 2; and
41.3 	(5) agree to continue treatment of the patient's qualifying medical condition and report 
41.4 	medical findings to the commissioner.
41.5 	(b) Upon notification from the commissioner of the patient's enrollment in the registry 
41.6 	program, the health care practitioner shall:
41.7 	(1) participate in the patient registry reporting system under the guidance and supervision 
41.8 	of the commissioner;
41.9 	(2) report health records of the patient throughout the ongoing treatment of the patient 
41.10 	to the commissioner in a manner determined by the commissioner and in accordance with 
41.11 	subdivision 2;
41.12 	(3) determine, on a yearly basis, if the patient continues to suffer from a qualifying 
41.13 	medical condition and, if so, issue the patient a new certification of that diagnosis; and
41.14 	(4) otherwise comply with all requirements developed by the commissioner.
41.15 	(c) A health care practitioner may conduct a patient assessment to issue a recertification 
41.16 	as required under paragraph (b), clause (3), via telemedicine as defined under section 
41.17 	62A.671, subdivision 9.
41.18 	(c) (d) Nothing in this section requires a health care practitioner to participate in the 
41.19 	registry program.

41.20 	Sec. 45. Minnesota Statutes 2018, section 152.29, subdivision 1, is amended to read:
41.21 		Subdivision 1.Manufacturer; requirements. (a) A manufacturer shall operate four
41.22 	eight distribution facilities, which may include the manufacturer's single location for 
41.23 	cultivation, harvesting, manufacturing, packaging, and processing but is not required to 
41.24 	include that location. A manufacturer is required to begin distribution of medical cannabis 
41.25 	from at least one distribution facility by July 1, 2015. All distribution facilities must be 
41.26 	operational and begin distribution of medical cannabis by July 1, 2016. The distribution 
41.27 	facilities shall be located The commissioner shall designate the geographical service areas 
41.28 	to be served by each manufacturer based on geographical need throughout the state to 
41.29 	improve patient access. A manufacturer shall disclose the proposed locations for the 
41.30 	distribution facilities to the commissioner during the registration process.A manufacturer 
41.31 	shall not have more than two distribution facilities in each geographical service area assigned 
41.32 	to the manufacturer by the commissioner. A manufacturer shall operate only one location 
42.1 	where all cultivation, harvesting, manufacturing, packaging, and processing of medical 
42.2 	cannabis shall be conducted. Any This location may be one of the manufacturer's distribution 
42.3 	facility sites. The additional distribution facilities may dispense medical cannabis and 
42.4 	medical cannabis products but may not contain any medical cannabis in a form other than 
42.5 	those forms allowed under section 152.22, subdivision 6, and the manufacturer shall not 
42.6 	conduct any cultivation, harvesting, manufacturing, packaging, or processing at an additional
42.7 	the other distribution facility site sites. Any distribution facility operated by the manufacturer 
42.8 	is subject to all of the requirements applying to the manufacturer under sections 152.22 to 
42.9 	152.37, including, but not limited to, security and distribution requirements.
42.10 	(b) A manufacturer may obtain hemp from a hemp grower licensed with the commissioner 
42.11 	of agriculture under chapter 18K if the hemp was grown in this state. A manufacturer may 
42.12 	use hemp for the purpose of making it available in a form allowable under section 152.22, 
42.13 	subdivision 6. Any hemp acquired by a manufacturer under this paragraph is subject to the 
42.14 	same quality control program, security and testing requirements, and any other requirement 
42.15 	for medical cannabis under sections 152.22 to 152.37 and Minnesota Rules, chapter 4770.
42.16 	(b) (c) A medical cannabis manufacturer shall contract with a laboratory approved by 
42.17 	the commissioner, subject to any additional requirements set by the commissioner, for 
42.18 	purposes of testing medical cannabis manufactured or hemp acquired by the medical cannabis 
42.19 	manufacturer as to content, contamination, and consistency to verify the medical cannabis 
42.20 	meets the requirements of section 152.22, subdivision 6. The cost of laboratory testing shall 
42.21 	be paid by the manufacturer.
42.22 	(c) (d) The operating documents of a manufacturer must include:
42.23 	(1) procedures for the oversight of the manufacturer and procedures to ensure accurate 
42.24 	record keeping; and
42.25 	(2) procedures for the implementation of appropriate security measures to deter and 
42.26 	prevent the theft of medical cannabis and unauthorized entrance into areas containing medical 
42.27 	cannabis. ; and
42.28 	(3) procedures for the delivery and transportation of hemp between hemp growers 
42.29 	licensed under chapter 18K and manufacturers.
42.30 	(d) (e) A manufacturer shall implement security requirements, including requirements 
42.31 	for the delivery and transportation of hemp, protection of each location by a fully operational 
42.32 	security alarm system, facility access controls, perimeter intrusion detection systems, and 
42.33 	a personnel identification system.
43.1 	(e) (f) A manufacturer shall not share office space with, refer patients to a health care 
43.2 	practitioner, or have any financial relationship with a health care practitioner.
43.3 	(f) (g) A manufacturer shall not permit any person to consume medical cannabis on the 
43.4 	property of the manufacturer.
43.5 	(g) (h) A manufacturer is subject to reasonable inspection by the commissioner.
43.6 	(h) (i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is 
43.7 	not subject to the Board of Pharmacy licensure or regulatory requirements under chapter 
43.8 	151.
43.9 	(i) (j) A medical cannabis manufacturer may not employ any person who is under 21 
43.10 	years of age or who has been convicted of a disqualifying felony offense. An employee of 
43.11 	a medical cannabis manufacturer must submit a completed criminal history records check 
43.12 	consent form, a full set of classifiable fingerprints, and the required fees for submission to 
43.13 	the Bureau of Criminal Apprehension before an employee may begin working with the 
43.14 	manufacturer. The bureau must conduct a Minnesota criminal history records check and 
43.15 	the superintendent is authorized to exchange the fingerprints with the Federal Bureau of 
43.16 	Investigation to obtain the applicant's national criminal history record information. The 
43.17 	bureau shall return the results of the Minnesota and federal criminal history records checks 
43.18 	to the commissioner.
43.19 	(j) (k) A manufacturer may not operate in any location, whether for distribution or 
43.20 	cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a 
43.21 	public or private school existing before the date of the manufacturer's registration with the 
43.22 	commissioner.
43.23 	(k) (l) A manufacturer shall comply with reasonable restrictions set by the commissioner 
43.24 	relating to signage, marketing, display, and advertising of medical cannabis.
43.25 	(m) Before a manufacturer acquires hemp, the manufacturer must verify that the person 
43.26 	from whom the manufacturer is acquiring hemp has a valid license issued by the 
43.27 	commissioner of agriculture under chapter 18K.

43.28 	Sec. 46. Minnesota Statutes 2018, section 152.29, subdivision 2, is amended to read:
43.29 		Subd. 2.Manufacturer; production. (a) A manufacturer of medical cannabis shall 
43.30 	provide a reliable and ongoing supply of all medical cannabis needed for the registry program.
43.31 	(b) All cultivation, harvesting, manufacturing, packaging, and processing of medical 
43.32 	cannabis or manufacturing, packaging, or processing of hemp acquired by the manufacturer 
44.1 	must take place in an enclosed, locked facility at a physical address provided to the 
44.2 	commissioner during the registration process.
44.3 	(c) A manufacturer must process and prepare any medical cannabis plant material into 
44.4 	a form allowable under section 152.22, subdivision 6, prior to distribution of any medical 
44.5 	cannabis.

44.6 	Sec. 47. Minnesota Statutes 2018, section 152.29, subdivision 3, is amended to read:
44.7 		Subd. 3.Manufacturer; distribution. (a) A manufacturer shall require that employees 
44.8 	licensed as pharmacists pursuant to chapter 151 be the only employees to give final approval 
44.9 	for the distribution of medical cannabis to a patient.
44.10 	(b) A manufacturer may dispense medical cannabis products, whether or not the products 
44.11 	have been manufactured by the manufacturer, but is not required to dispense medical cannabis 
44.12 	products.
44.13 	(c) Prior to distribution of any medical cannabis, the manufacturer shall:
44.14 	(1) verify that the manufacturer has received the registry verification from the 
44.15 	commissioner for that individual patient;
44.16 	(2) verify that the person requesting the distribution of medical cannabis is the patient, 
44.17 	the patient's registered designated caregiver, or the patient's parent or legal guardian listed 
44.18 	in the registry verification using the procedures described in section 152.11, subdivision 
44.19 	2d;
44.20 	(3) assign a tracking number to any medical cannabis distributed from the manufacturer;
44.21 	(4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to 
44.22 	chapter 151 has consulted with the patient to determine the proper dosage for the individual 
44.23 	patient after reviewing the ranges of chemical compositions of the medical cannabis and 
44.24 	the ranges of proper dosages reported by the commissioner. For purposes of this clause, a 
44.25 	consultation may be conducted remotely using a videoconference, so long as the employee 
44.26 	providing the consultation is able to confirm the identity of the patient, the consultation 
44.27 	occurs while the patient is at a distribution facility, and the consultation adheres to patient 
44.28 	privacy requirements that apply to health care services delivered through telemedicine;
44.29 	(5) properly package medical cannabis in compliance with the United States Poison 
44.30 	Prevention Packing Act regarding child-resistant packaging and exemptions for packaging 
44.31 	for elderly patients, and label distributed medical cannabis with a list of all active ingredients 
44.32 	and individually identifying information, including:
45.1 	(i) the patient's name and date of birth;
45.2 	(ii) the name and date of birth of the patient's registered designated caregiver or, if listed 
45.3 	on the registry verification, the name of the patient's parent or legal guardian, if applicable;
45.4 	(iii) the patient's registry identification number;
45.5 	(iv) the chemical composition of the medical cannabis; and
45.6 	(v) the dosage; and
45.7 	(6) ensure that the medical cannabis distributed contains a maximum of a 30-day 90-day
45.8 	supply of the dosage determined for that patient.
45.9 	(d) A manufacturer shall require any employee of the manufacturer who is transporting 
45.10 	medical cannabis or medical cannabis products to a distribution facility to carry identification 
45.11 	showing that the person is an employee of the manufacturer.

45.12 	Sec. 48. Minnesota Statutes 2018, section 152.29, subdivision 3a, is amended to read:
45.13 		Subd. 3a.Transportation of medical cannabis; staffing. (a) A medical cannabis 
45.14 	manufacturer may staff a transport motor vehicle with only one employee if the medical 
45.15 	cannabis manufacturer is transporting medical cannabis to either a certified laboratory for 
45.16 	the purpose of testing or a facility for the purpose of disposal. If the medical cannabis 
45.17 	manufacturer is transporting medical cannabis for any other purpose or destination, the 
45.18 	transport motor vehicle must be staffed with a minimum of two employees as required by 
45.19 	rules adopted by the commissioner.
45.20 	(b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only 
45.21 	transporting hemp for any purpose may staff the transport motor vehicle with only one 
45.22 	employee.

45.23 	Sec. 49. Minnesota Statutes 2018, section 152.31, is amended to read:
45.24 	152.31 DATA PRACTICES.
45.25 	(a) Government data in patient files maintained by the commissioner and the health care 
45.26 	practitioner, and data submitted to or by a medical cannabis manufacturer, are private data 
45.27 	on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in 
45.28 	section 13.02, subdivision 9, but may be used for purposes of complying with chapter 13 
45.29 	and complying with a request from the legislative auditor or the state auditor in the 
45.30 	performance of official duties. The provisions of section 13.05, subdivision 11, apply to a 
46.1 	registration agreement entered between the commissioner and a medical cannabis 
46.2 	manufacturer under section 152.25.
46.3 	(b) Not public data maintained by the commissioner may not be used for any purpose 
46.4 	not provided for in sections 152.22 to 152.37, and may not be combined or linked in any 
46.5 	manner with any other list, dataset, or database.
46.6 	(c) The commissioner may execute data sharing arrangements with the commissioner 
46.7 	of agriculture to verify licensing information, inspection, and compliance related to hemp 
46.8 	growers under chapter 18K.

46.9 	Sec. 50. Minnesota Statutes 2018, section 157.22, is amended to read:
46.10 	157.22 EXEMPTIONS.
46.11 	This chapter does not apply to:
46.12 	(1) interstate carriers under the supervision of the United States Department of Health 
46.13 	and Human Services;
46.14 	(2) weddings, fellowship meals, or funerals conducted by a faith-based organization 
46.15 	using any building constructed and primarily used for religious worship or education;
46.16 	(3) any building owned, operated, and used by a college or university in accordance 
46.17 	with health regulations promulgated by the college or university under chapter 14;
46.18 	(4) any person, firm, or corporation whose principal mode of business is licensed under 
46.19 	sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food or beverage 
46.20 	establishment; provided that the holding of any license pursuant to sections 28A.04 and 
46.21 	28A.05 shall not exempt any person, firm, or corporation from the applicable provisions of 
46.22 	this chapter or the rules of the state commissioner of health relating to food and beverage 
46.23 	service establishments;
46.24 	(5) family day care homes and group family day care homes governed by sections 
46.25 	245A.01 to 245A.16;
46.26 	(6) nonprofit senior citizen centers for the sale of home-baked goods;
46.27 	(7) fraternal, sportsman, or patriotic organizations that are tax exempt under section 
46.28 	501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal Revenue 
46.29 	Code of 1986, or organizations related to, affiliated with, or supported by such fraternal, 
46.30 	sportsman, or patriotic organizations for events held in the building or on the grounds of 
46.31 	the organization and at which home-prepared food is donated by organization members for 
46.32 	sale at the events, provided:
47.1 	(i) the event is not a circus, carnival, or fair;
47.2 	(ii) the organization controls the admission of persons to the event, the event agenda, or 
47.3 	both; and
47.4 	(iii) the organization's licensed kitchen is not used in any manner for the event;
47.5 	(8) food not prepared at an establishment and brought in by individuals attending a 
47.6 	potluck event for consumption at the potluck event. An organization sponsoring a potluck 
47.7 	event under this clause may advertise the potluck event to the public through any means. 
47.8 	Individuals who are not members of an organization sponsoring a potluck event under this 
47.9 	clause may attend the potluck event and consume the food at the event. Licensed food 
47.10 	establishments other than schools cannot be sponsors of potluck events. A school may 
47.11 	sponsor and hold potluck events in areas of the school other than the school's kitchen, 
47.12 	provided that the school's kitchen is not used in any manner for the potluck event. For 
47.13 	purposes of this clause, "school" means a public school as defined in section 120A.05, 
47.14 	subdivisions 9, 11, 13, and 17, or a nonpublic school, church, or religious organization at 
47.15 	which a child is provided with instruction in compliance with sections 120A.22 and 120A.24. 
47.16 	Potluck event food shall not be brought into a licensed food establishment kitchen;
47.17 	(9) a home school in which a child is provided instruction at home;
47.18 	(10) school concession stands serving commercially prepared, nonpotentially hazardous 
47.19 	foods, as defined in Minnesota Rules, chapter 4626;
47.20 	(11) group residential facilities of ten or fewer beds licensed by the commissioner of 
47.21 	human services under Minnesota Rules, chapter 2960, provided the facility employs or 
47.22 	contracts with a certified food manager under Minnesota Rules, part 4626.2015;
47.23 	(12) food served at fund-raisers or community events conducted in the building or on 
47.24 	the grounds of a faith-based organization, provided that a certified food manager, or a 
47.25 	volunteer trained in a food safety course, trains the food preparation workers in safe food 
47.26 	handling practices. This exemption does not apply to faith-based organizations at the state 
47.27 	agricultural society or county fairs or to faith-based organizations that choose to apply for 
47.28 	a license;
47.29 	(13) food service events conducted following a disaster for purposes of feeding disaster 
47.30 	relief staff and volunteers serving commercially prepared, nonpotentially hazardous foods, 
47.31 	as defined in Minnesota Rules, chapter 4626; and
47.32 	(14) chili or soup served at a chili or soup cook-off fund-raiser conducted by a 
47.33 	community-based nonprofit organization, provided:
48.1 	(i) the municipality where the event is located approves the event;
48.2 	(ii) the sponsoring organization must develop food safety rules and ensure that participants 
48.3 	follow these rules; and
48.4 	(iii) if the food is not prepared in a kitchen that is licensed or inspected, a visible sign 
48.5 	or placard must be posted that states: "These products are homemade and not subject to 
48.6 	state inspection."
48.7 	Foods exempt under this clause must be labeled to accurately reflect the name and 
48.8 	address of the person preparing the foods.; and
48.9 	(15) a special event food stand or a seasonal temporary food stand provided:
48.10 	(i) the stand is operated solely by a person or persons under the age of 14;
48.11 	(ii) the stand is located on private property with the permission of the property owner;
48.12 	(iii) the stand has gross receipts or contributions of $1,000 or less in a calendar year; 
48.13 	and
48.14 	(iv) the operator of the stand posts a sign or placard at the site that states "The products 
48.15 	sold at this stand are not subject to state inspection or regulation.", if the stand offers for 
48.16 	sale potentially hazardous food as defined in Minnesota Rules, part 4626.0020, subdivision 
48.17 	62.

48.18 	Sec. 51. DIRECTION TO THE COMMISSIONER OF HEALTH.
 48.19 	The commissioner of health shall prescribe the notification and consent form described 
48.20 	in Minnesota Statutes, section 144.6502, subdivision 6, no later than January 1, 2020. The 
48.21 	commissioner shall make the form available on the department's website.

48.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

48.23 	Sec. 52. PERINATAL HOSPICE GRANTS.
 48.24 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
48.25 	the meanings given.
48.26 	(b) "Eligible program entity" means a hospital, hospice, health care facility, or 
48.27 	community-based organization. An eligible program entity must have a perinatal hospice 
48.28 	program coordinator who is eligible to be certified in perinatal loss care.
49.1 	(c) "Eligible training entity" means an eligible program entity that has experience 
49.2 	providing perinatal hospice services, or a qualified individual who is eligible to be certified 
49.3 	in perinatal loss care and has experience providing perinatal hospice services.
49.4 	(d) "Eligible to be certified in perinatal loss care" means an individual who meets the 
49.5 	criteria to sit for the perinatal loss care exam, or is already certified in perinatal loss care, 
49.6 	by the Hospice and Palliative Credentialing Center.
49.7 	(e) "Life-limiting prenatal diagnosis" means a fetal condition diagnosed before birth that 
49.8 	will with reasonable certainty result in the death of the child within six months after birth.
49.9 	(f) "Perinatal hospice" means comprehensive support to the pregnant woman and her 
49.10 	family that includes family-centered multidisciplinary care to meet their medical, spiritual, 
49.11 	and emotional needs from the time of a life-limiting prenatal diagnosis through the birth, 
49.12 	life, and natural death of the child, and through the postpartum period. Supportive care may 
49.13 	be provided by medical staff, counselors, clergy, mental health providers, social workers, 
49.14 	geneticists, certified nurse midwives, hospice professionals, and others.
49.15 		Subd. 2.Perinatal hospice development grants. Perinatal hospice development grants 
49.16 	are available to eligible program entities and must be used for expenditures to:
49.17 	(1) establish a new perinatal hospice program;
49.18 	(2) expand an existing perinatal hospice program;
49.19 	(3) recruit a perinatal hospice program coordinator; or
49.20 	(4) fund perinatal hospice administrative and coordinator expenses for a period of not 
49.21 	more than six months.
49.22 		Subd. 3.Perinatal hospice training grants. Perinatal hospice training grants are available 
49.23 	to eligible training entities and may be used for expenses to enable existing perinatal hospice 
49.24 	programs to provide training for members of a multidisciplinary team providing perinatal 
49.25 	hospice services. Funds must be used for:
49.26 	(1) development and operation of a perinatal hospice training program. The curriculum 
49.27 	must include but is not limited to training to provide the following services to families 
49.28 	eligible for perinatal hospice:
49.29 	(i) counseling at the time of a life-limiting prenatal diagnosis;
49.30 	(ii) specialized birth planning;
49.31 	(iii) specialized advance care planning;
50.1 	(iv) services to address the emotional needs of the family through prenatal and postpartum 
50.2 	counseling that:
50.3 	(A) helps the family prepare for the death of their child;
50.4 	(B) helps the family work within the health care delivery system to create a safe and 
50.5 	professionally supported environment where parents can parent their child during their brief 
50.6 	life in a way that is meaningful for that family and baby; and
50.7 	(C) helps the family with the grief that begins at diagnosis and continues after the death 
50.8 	of the child; and
50.9 	(v) evidence-based perinatal bereavement care;
50.10 	(2) trainer support, including travel expenses and reasonable living expenses during the 
50.11 	period of training;
50.12 	(3) trainee support, including tuition, books, travel expenses, program fees, and reasonable 
50.13 	living expenses during the period of training; or
50.14 	(4) materials used in the provision of training.
50.15 		Subd. 4.Perinatal hospice awareness grants. Perinatal hospice awareness grants are 
50.16 	available to eligible program entities and may be used for the creation and distribution of 
50.17 	materials promoting awareness of perinatal hospice programs.
50.18 		Subd. 5.Report. The commissioner of health shall report to the chairs and ranking 
50.19 	minority members of the legislative committees with jurisdiction over health and human 
50.20 	services finance by February 1, 2023, on how the grant funds have been used.

50.21 	Sec. 53. PLAN FOR A WORKING GROUP ON LINKS BETWEEN HEALTH 
50.22 	DISPARITIES AND EDUCATIONAL ACHIEVEMENT FOR CHILDREN FROM 
50.23 	AMERICAN INDIAN COMMUNITIES AND COMMUNITIES OF COLOR.
 50.24 	(a) The commissioner of health, in consultation with the commissioner of education, 
50.25 	shall develop a plan to convene one or more working groups to:
50.26 	(1) examine the links between health disparities and disparities in educational achievement 
50.27 	for children from American Indian communities and communities of color; and
50.28 	(2) develop recommendations for programs, services, or funding to address health 
50.29 	disparities and decrease disparities in educational achievement for children from American 
50.30 	Indian communities and communities of color.
51.1 	(b) The plan shall include the possible membership of the proposed working group and 
51.2 	the duties for the proposed working group.
51.3 	(c) The commissioner shall submit the plan for the working group, including proposed 
51.4 	legislation establishing the working group, to the chairs and ranking minority members of 
51.5 	the legislative committees with jurisdiction over health and education by February 15, 2020.

51.6 	Sec. 54. SHORT TITLE.
 51.7 	Minnesota Statutes, sections 145.4141 to 145.4147 may be cited as the "Pain-Capable 
51.8 	Unborn Child Protection Act."

51.9 	Sec. 55. STUDY ON BREASTFEEDING DISPARITIES; STAKEHOLDER 
51.10 	ENGAGEMENT.
 51.11 	(a) The commissioner of health shall work with community stakeholders in Minnesota 
51.12 	including but not limited to representatives from the Minnesota Breastfeeding Coalition; 
51.13 	Academy of Lactation Policy and Practice; International Board of Lactation Consultant 
51.14 	Examiners; DONA International; HealthConnect; Reaching Sisters Everywhere; the La 
51.15 	Leche League; the women, infants, and children program; hospitals and clinics; local public 
51.16 	health professionals and organizations; community-based organizations; and representatives 
51.17 	of populations with low breastfeeding rates to carry out a study to identify barriers, 
51.18 	challenges, and successes affecting the initiation, duration, and exclusivity of breastfeeding.
51.19 	(b) The study must address policy, systemic, and environmental factors that both support 
51.20 	and create barriers to breastfeeding. The study must also identify and make recommendations 
51.21 	regarding culturally appropriate practices that have been shown to increase breastfeeding 
51.22 	rates in populations that have the greatest breastfeeding disparity rates.
51.23 	(c) The commissioner shall submit a report on the study with any recommendations to 
51.24 	the chairs and ranking minority members of the legislative committees with jurisdiction 
51.25 	over health care policy and finance on or before September 15, 2020.

51.26 	Sec. 56. TRANSITION TO AUTHORIZED ELECTRONIC MONITORING IN 
51.27 	CERTAIN HEALTH CARE FACILITIES.
 51.28 	Any resident, resident representative, or other person conducting electronic monitoring 
51.29 	in a resident's room or private living unit prior to January 1, 2020, must comply with the 
51.30 	requirements of Minnesota Statutes, section 144.6502, by January 1, 2020.

51.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

52.1 	Sec. 57. REPEALER.
 52.2 	Minnesota Statutes 2018, sections 144.1464; and 144.1911, are repealed.

52.3 	ARTICLE 2
52.4 	DEPARTMENT OF HUMAN SERVICES; HEALTH CARE

52.5 	Section 1. [254A.21] FETAL ALCOHOL SPECTRUM DISORDERS PREVENTION 
52.6 	GRANTS.
52.7 	(a) The commissioner of human services shall award a grant to a statewide organization 
52.8 	that focuses solely on prevention of and intervention with fetal alcohol spectrum disorders. 
52.9 	The grant recipient must make subgrants to eligible regional collaboratives in rural and 
52.10 	urban areas of the state for the purposes specified in paragraph (c).
52.11 	(b) "Eligible regional collaboratives" means a partnership between at least one local 
52.12 	government and at least one community-based organization and, where available, a family 
52.13 	home visiting program. For purposes of this paragraph, a local government includes a county 
52.14 	or a multicounty organization, a tribal government, a county-based purchasing entity, or a 
52.15 	community health board.
52.16 	(c) Eligible regional collaboratives must use subgrant funds to reduce the incidence of 
52.17 	fetal alcohol spectrum disorders and other prenatal drug-related effects in children in 
52.18 	Minnesota by identifying and serving pregnant women suspected of or known to use or 
52.19 	abuse alcohol or other drugs. Eligible regional collaboratives must provide intensive services 
52.20 	to chemically dependent women to increase positive birth outcomes.
52.21 	(d) An eligible regional collaborative that receives a subgrant under this section must 
52.22 	report to the grant recipient by January 15 of each year on the services and programs funded 
52.23 	by the subgrant. The report must include measurable outcomes for the previous year, 
52.24 	including the number of pregnant women served and the number of toxic-free babies born. 
52.25 	The grant recipient must compile the information in the subgrant reports and submit a 
52.26 	summary report to the commissioner of human services by February 15 of each year.

52.27 	Sec. 2. Minnesota Statutes 2018, section 256B.04, subdivision 14, is amended to read:
52.28 		Subd. 14.Competitive bidding. (a) When determined to be effective, economical, and 
52.29 	feasible, the commissioner may utilize volume purchase through competitive bidding and 
52.30 	negotiation under the provisions of chapter 16C, to provide items under the medical assistance 
52.31 	program including but not limited to the following:
52.32 	(1) eyeglasses;
53.1 	(2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation 
53.2 	on a short-term basis, until the vendor can obtain the necessary supply from the contract 
53.3 	dealer;
53.4 	(3) hearing aids and supplies; and
53.5 	(4) durable medical equipment, including but not limited to:
53.6 	(i) hospital beds;
53.7 	(ii) commodes;
53.8 	(iii) glide-about chairs;
53.9 	(iv) patient lift apparatus;
53.10 	(v) wheelchairs and accessories;
53.11 	(vi) oxygen administration equipment;
53.12 	(vii) respiratory therapy equipment;
53.13 	(viii) electronic diagnostic, therapeutic and life-support systems;
53.14 	(5) nonemergency medical transportation level of need determinations, disbursement of 
53.15 	public transportation passes and tokens, and volunteer and recipient mileage and parking 
53.16 	reimbursements; and
53.17 	(6) drugs.
53.18 	(b) Rate changes and recipient cost-sharing under this chapter and chapter 256L do not 
53.19 	affect contract payments under this subdivision unless specifically identified.
53.20 	(c) The commissioner may not utilize volume purchase through competitive bidding 
53.21 	and negotiation for special transportation services under the provisions of chapter 16C for 
53.22 	special transportation services or incontinence products and related supplies.

53.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

53.24 	Sec. 3. Minnesota Statutes 2018, section 256B.056, subdivision 1, is amended to read:
53.25 		Subdivision 1.Residency. (a) To be eligible for medical assistance, a person must reside 
53.26 	in Minnesota, or, if absent from the state, be deemed to be a resident of Minnesota, in 
53.27 	accordance with Code of Federal Regulations, title 42, section 435.403.
53.28 	(b) The commissioner shall identify individuals who are enrolled in medical assistance 
53.29 	and who are absent from the state for more than 30 consecutive days, but who continue to 
53.30 	qualify for medical assistance in accordance with paragraph (a).
54.1 	(c) If the individual is absent from the state for more than 30 consecutive days but still 
54.2 	deemed a resident of Minnesota in accordance with paragraph (a), any covered service 
54.3 	provided to the individual must be paid through the fee-for-service system and not through 
54.4 	the managed care capitated rate payment system under section 256B.69 or 256L.12.

54.5 	Sec. 4. Minnesota Statutes 2018, section 256B.056, subdivision 3, is amended to read:
54.6 		Subd. 3.Asset limitations for certain individuals. (a) To be eligible for medical 
54.7 	assistance, a person must not individually own more than $3,000 in assets, or if a member 
54.8 	of a household with two family members, husband and wife, or parent and child, the 
54.9 	household must not own more than $6,000 in assets, plus $200 for each additional legal 
54.10 	dependent. In addition to these maximum amounts, an eligible individual or family may 
54.11 	accrue interest on these amounts, but they must be reduced to the maximum at the time of 
54.12 	an eligibility redetermination. The accumulation of the clothing and personal needs allowance 
54.13 	according to section 256B.35 must also be reduced to the maximum at the time of the 
54.14 	eligibility redetermination. The value of assets that are not considered in determining 
54.15 	eligibility for medical assistance is the value of those assets excluded under the Supplemental 
54.16 	Security Income program for aged, blind, and disabled persons, with the following 
54.17 	exceptions:
54.18 	(1) household goods and personal effects are not considered;
54.19 	(2) capital and operating assets of a trade or business that the local agency determines 
54.20 	are necessary to the person's ability to earn an income are not considered;
54.21 	(3) motor vehicles are excluded to the same extent excluded by the Supplemental Security 
54.22 	Income program;
54.23 	(4) assets designated as burial expenses are excluded to the same extent excluded by the 
54.24 	Supplemental Security Income program. Burial expenses funded by annuity contracts or 
54.25 	life insurance policies must irrevocably designate the individual's estate as contingent 
54.26 	beneficiary to the extent proceeds are not used for payment of selected burial expenses;
54.27 	(5) for a person who no longer qualifies as an employed person with a disability due to 
54.28 	loss of earnings, assets allowed while eligible for medical assistance under section 256B.057, 
54.29 	subdivision 9, are not considered for 12 months, beginning with the first month of ineligibility 
54.30 	as an employed person with a disability, to the extent that the person's total assets remain 
54.31 	within the allowed limits of section 256B.057, subdivision 9, paragraph (d);
54.32 	(6) when a person enrolled in medical assistance under section 256B.057, subdivision 
54.33 	9, is age 65 or older and has been enrolled during each of the 24 consecutive months before 
55.1 	the person's 65th birthday, the assets owned by the person and the person's spouse must be 
55.2 	disregarded, up to the limits of section 256B.057, subdivision 9, paragraph (d), when 
55.3 	determining eligibility for medical assistance under section 256B.055, subdivision 7. The 
55.4 	income of a spouse of a person enrolled in medical assistance under section 256B.057, 
55.5 	subdivision 9, during each of the 24 consecutive months before the person's 65th birthday 
55.6 	must be disregarded when determining eligibility for medical assistance under section 
55.7 	256B.055, subdivision 7. Persons eligible under this clause are not subject to the provisions 
55.8 	in section 256B.059; and
55.9 	(7) effective July 1, 2009, certain assets owned by American Indians are excluded as 
55.10 	required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public 
55.11 	Law 111-5. For purposes of this clause, an American Indian is any person who meets the 
55.12 	definition of Indian according to Code of Federal Regulations, title 42, section 447.50.
55.13 	(b) Upon initial enrollment, no asset limit shall apply to persons eligible under section 
55.14 	256B.055, subdivision 15. Upon renewal, a person eligible under section 256B.055, 
55.15 	subdivision 15, must not own either individually or as a member of a household more than 
55.16 	$1,000,000 in assets to continue to be eligible for medical assistance.

55.17 	Sec. 5. Minnesota Statutes 2018, section 256B.056, subdivision 7a, is amended to read:
55.18 		Subd. 7a.Periodic renewal of eligibility. (a) The commissioner shall make an annual 
55.19 	redetermination of eligibility based on information contained in the enrollee's case file and 
55.20 	other information available to the agency, including but not limited to information accessed 
55.21 	through an electronic database, without requiring the enrollee to submit any information 
55.22 	when sufficient data is available for the agency to renew eligibility.
55.23 	(b) If the commissioner cannot renew eligibility in accordance with paragraph (a), the 
55.24 	commissioner must provide the enrollee with a prepopulated renewal form containing 
55.25 	eligibility information available to the agency and permit the enrollee to submit the form 
55.26 	with any corrections or additional information to the agency and sign the renewal form via 
55.27 	any of the modes of submission specified in section 256B.04, subdivision 18.
55.28 	(c) An enrollee who is terminated for failure to complete the renewal process may 
55.29 	subsequently submit the renewal form and required information within four months after 
55.30 	the date of termination and have coverage reinstated without a lapse, if otherwise eligible 
55.31 	under this chapter. The local agency may close the enrollee's case file if the required 
55.32 	information is not submitted within four months of termination.
56.1 	(d) Notwithstanding paragraph (a), individuals eligible under subdivision 5 shall be 
56.2 	required to renew eligibility every six months.

56.3 	Sec. 6. Minnesota Statutes 2018, section 256B.0625, subdivision 56a, is amended to read:
56.4 		Subd. 56a.Post-arrest Officer-involved community-based service care
56.5 	coordination. (a) Medical assistance covers post-arrest officer-involved community-based 
56.6 	service care coordination for an individual who:
56.7 	(1) has been identified as having a mental illness or substance use disorder using a 
56.8 	screening tool approved by the commissioner;
56.9 	(2) does not require the security of a public detention facility and is not considered an 
56.10 	inmate of a public institution as defined in Code of Federal Regulations, title 42, section 
56.11 	435.1010;
56.12 	(3) meets the eligibility requirements in section 256B.056; and
56.13 	(4) has agreed to participate in post-arrest officer-involved community-based service
56.14 	care coordination through a diversion contract in lieu of incarceration.
56.15 	(b) Post-arrest Officer-involved community-based service care coordination means 
56.16 	navigating services to address a client's mental health, chemical health, social, economic, 
56.17 	and housing needs, or any other activity targeted at reducing the incidence of jail utilization 
56.18 	and connecting individuals with existing covered services available to them, including, but 
56.19 	not limited to, targeted case management, waiver case management, or care coordination.
56.20 	(c) Post-arrest Officer-involved community-based service care coordination must be 
56.21 	provided by an individual who is an employee of a county or is under contract with a county 
56.22 	to provide post-arrest officer-involved community-based care coordination and is qualified 
56.23 	under one of the following criteria:
56.24 	(1) a licensed mental health professional as defined in section 245.462, subdivision 18, 
56.25 	clauses (1) to (6);
56.26 	(2) a mental health practitioner as defined in section 245.462, subdivision 17, working 
56.27 	under the clinical supervision of a mental health professional; or
56.28 	(3) a certified peer specialist under section 256B.0615, working under the clinical 
56.29 	supervision of a mental health professional.
56.30 	(d) Reimbursement is allowed for up to 60 days following the initial determination of 
56.31 	eligibility.
57.1 	(e) Providers of post-arrest officer-involved community-based service care coordination 
57.2 	shall annually report to the commissioner on the number of individuals served, and number 
57.3 	of the community-based services that were accessed by recipients. The commissioner shall 
57.4 	ensure that services and payments provided under post-arrest officer-involved
57.5 	community-based service care coordination do not duplicate services or payments provided 
57.6 	under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.
57.7 	(f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for 
57.8 	post-arrest community-based service coordination services shall be provided by the county 
57.9 	providing the services, from sources other than federal funds or funds used to match other 
57.10 	federal funds.

57.11 	Sec. 7. Minnesota Statutes 2018, section 256B.0625, is amended by adding a subdivision 
57.12 	to read:
57.13 		Subd. 66.Prescribed pediatric extended care (PPEC) center basic services. Medical 
57.14 	assistance covers PPEC center basic services as defined under section 144H.01, subdivision 
57.15 	2. PPEC basic services shall be reimbursed according to section 256B.86.

57.16 	EFFECTIVE DATE. This section is effective July 1, 2020, or upon federal approval, 
57.17 	whichever occurs later. The commissioner of human services shall notify the commissioner 
57.18 	of health and the revisor of statutes when federal approval is obtained.

57.19 	Sec. 8. [256B.0633] MINNESOTA EHB BENCHMARK PLAN.
57.20 	Notwithstanding section 256B.0625, 256B.69, or any other law to the contrary, the 
57.21 	services covered for parents and caretakers and for a single adult without children who are 
57.22 	eligible for medical assistance under section 256B.055, subdivisions 3a and 15, shall be the 
57.23 	services covered under the Minnesota EHB Benchmark Plan for plan year 2016 or the 
57.24 	actuarial equivalent.

57.25 	Sec. 9. Minnesota Statutes 2018, section 256B.69, subdivision 4, is amended to read:
57.26 		Subd. 4.Limitation of choice. (a) The commissioner shall develop criteria to determine 
57.27 	when limitation of choice may be implemented in the experimental counties. The criteria 
57.28 	shall ensure that all eligible individuals in the county have continuing access to the full 
57.29 	range of medical assistance services as specified in subdivision 6.
57.30 	(b) The commissioner shall exempt the following persons from participation in the 
57.31 	project, in addition to those who do not meet the criteria for limitation of choice:
58.1 	(1) persons eligible for medical assistance according to section 256B.055, subdivision 
58.2 	1;
58.3 	(2) persons eligible for medical assistance due to blindness or disability as determined 
58.4 	by the Social Security Administration or the state medical review team, unless:
58.5 	(i) they are 65 years of age or older; or
58.6 	(ii) they reside in Itasca County or they reside in a county in which the commissioner 
58.7 	conducts a pilot project under a waiver granted pursuant to section 1115 of the Social 
58.8 	Security Act;
58.9 	(3) recipients who currently have private coverage through a health maintenance 
58.10 	organization;
58.11 	(4) recipients who are eligible for medical assistance by spending down excess income 
58.12 	for medical expenses other than the nursing facility per diem expense;
58.13 	(5) recipients who receive benefits under the Refugee Assistance Program, established 
58.14 	under United States Code, title 8, section 1522(e);
58.15 	(6) children who are both determined to be severely emotionally disturbed and receiving 
58.16 	case management services according to section 256B.0625, subdivision 20, except children 
58.17 	who are eligible for and who decline enrollment in an approved preferred integrated network 
58.18 	under section 245.4682;
58.19 	(7) adults who are both determined to be seriously and persistently mentally ill and 
58.20 	received case management services according to section 256B.0625, subdivision 20;
58.21 	(8) persons eligible for medical assistance according to section 256B.057, subdivision 
58.22 	10; and
58.23 	(9) persons with access to cost-effective employer-sponsored private health insurance 
58.24 	or persons enrolled in a non-Medicare individual health plan determined to be cost-effective 
58.25 	according to section 256B.0625, subdivision 15; and
58.26 	(10) persons who are absent from the state for more than 30 consecutive days but still 
58.27 	deemed a resident of Minnesota, identified in accordance with section 256B.056, subdivision 
58.28 	1, paragraph (b).
58.29 	Children under age 21 who are in foster placement may enroll in the project on an elective 
58.30 	basis. Individuals excluded under clauses (1), (6), and (7) may choose to enroll on an elective 
58.31 	basis. The commissioner may enroll recipients in the prepaid medical assistance program 
59.1 	for seniors who are (1) age 65 and over, and (2) eligible for medical assistance by spending 
59.2 	down excess income.
59.3 	(c) The commissioner may allow persons with a one-month spenddown who are otherwise 
59.4 	eligible to enroll to voluntarily enroll or remain enrolled, if they elect to prepay their monthly 
59.5 	spenddown to the state.
59.6 	(d) The commissioner may require those individuals to enroll in the prepaid medical 
59.7 	assistance program who otherwise would have been excluded under paragraph (b), clauses 
59.8 	(1), (3), and (8), and under Minnesota Rules, part 9500.1452, subpart 2, items H, K, and L.
59.9 	(e) Before limitation of choice is implemented, eligible individuals shall be notified and 
59.10 	after notification, shall be allowed to choose only among demonstration providers. The 
59.11 	commissioner may assign an individual with private coverage through a health maintenance 
59.12 	organization, to the same health maintenance organization for medical assistance coverage, 
59.13 	if the health maintenance organization is under contract for medical assistance in the 
59.14 	individual's county of residence. After initially choosing a provider, the recipient is allowed 
59.15 	to change that choice only at specified times as allowed by the commissioner. If a 
59.16 	demonstration provider ends participation in the project for any reason, a recipient enrolled 
59.17 	with that provider must select a new provider but may change providers without cause once 
59.18 	more within the first 60 days after enrollment with the second provider.
59.19 	(f) An infant born to a woman who is eligible for and receiving medical assistance and 
59.20 	who is enrolled in the prepaid medical assistance program shall be retroactively enrolled to 
59.21 	the month of birth in the same managed care plan as the mother once the child is enrolled 
59.22 	in medical assistance unless the child is determined to be excluded from enrollment in a 
59.23 	prepaid plan under this section.

59.24 	Sec. 10. Minnesota Statutes 2018, section 256B.69, subdivision 31, is amended to read:
59.25 		Subd. 31.Payment reduction. (a) Beginning September 1, 2011, the commissioner 
59.26 	shall reduce payments and limit future rate increases paid to managed care plans and 
59.27 	county-based purchasing plans. The limits in paragraphs (a) to (f) shall be achieved on a 
59.28 	statewide aggregate basis by program. The commissioner may use competitive bidding, 
59.29 	payment reductions, or other reductions to achieve the reductions and limits in this 
59.30 	subdivision.
59.31 	(b) Beginning September 1, 2011, the commissioner shall reduce payments to managed 
59.32 	care plans and county-based purchasing plans as follows:
60.1 	(1) 2.0 percent for medical assistance elderly basic care. This shall not apply to Medicare 
60.2 	cost-sharing, nursing facility, personal care assistance, and elderly waiver services;
60.3 	(2) 2.82 percent for medical assistance families and children;
60.4 	(3) 10.1 percent for medical assistance adults without children; and
60.5 	(4) 6.0 percent for MinnesotaCare families and children.
60.6 	(c) Beginning January 1, 2012, the commissioner shall limit rates paid to managed care 
60.7 	plans and county-based purchasing plans for calendar year 2012 to a percentage of the rates 
60.8 	in effect on August 31, 2011, as follows:
60.9 	(1) 98 percent for medical assistance elderly basic care. This shall not apply to Medicare 
60.10 	cost-sharing, nursing facility, personal care assistance, and elderly waiver services;
60.11 	(2) 97.18 percent for medical assistance families and children;
60.12 	(3) 89.9 percent for medical assistance adults without children; and
60.13 	(4) 94 percent for MinnesotaCare families and children.
60.14 	(d) Beginning January 1, 2013, to December 31, 2013, the commissioner shall limit the 
60.15 	maximum annual trend increases to rates paid to managed care plans and county-based 
60.16 	purchasing plans as follows:
60.17 	(1) 7.5 percent for medical assistance elderly basic care. This shall not apply to Medicare 
60.18 	cost-sharing, nursing facility, personal care assistance, and elderly waiver services;
60.19 	(2) 5.0 percent for medical assistance special needs basic care;
60.20 	(3) 2.0 percent for medical assistance families and children;
60.21 	(4) 3.0 percent for medical assistance adults without children;
60.22 	(5) 3.0 percent for MinnesotaCare families and children; and
60.23 	(6) 3.0 percent for MinnesotaCare adults without children.
60.24 	(e) The commissioner may limit trend increases to less than the maximum. Beginning 
60.25 	July 1, 2014, the commissioner shall limit the maximum annual trend increases to rates paid 
60.26 	to managed care plans and county-based purchasing plans as follows for calendar years 
60.27 	2014 and 2015:
60.28 	(1) 7.5 percent for medical assistance elderly basic care. This shall not apply to Medicare 
60.29 	cost-sharing, nursing facility, personal care assistance, and elderly waiver services;
60.30 	(2) 5.0 percent for medical assistance special needs basic care;
61.1 	(3) 2.0 percent for medical assistance families and children;
61.2 	(4) 3.0 percent for medical assistance adults without children;
61.3 	(5) 3.0 percent for MinnesotaCare families and children; and
61.4 	(6) 4.0 percent for MinnesotaCare adults without children.
61.5 	(f) The commissioner may limit trend increases to less than the maximum. For calendar 
61.6 	year 2014, the commissioner shall reduce the maximum aggregate trend increases by 
61.7 	$47,000,000 in state and federal funds to account for the reductions in administrative 
61.8 	expenses in subdivision 5i.
61.9 	(g) Beginning July 1, 2019, the commissioner shall limit the maximum annual trend 
61.10 	increases to rates paid to managed care plans and county-based purchasing plans as follows 
61.11 	for calendar years 2020, 2021, 2023, and 2024:
61.12 	(1) 4.0 percent for medical assistance elderly basic care. This shall not apply to Medicare 
61.13 	cost-sharing, nursing facility, personal care assistance, and elderly waiver services;
61.14 	(2) 4.0 percent for medical assistance special needs basic care;
61.15 	(3) 3.0 percent for medical assistance families and children; and
61.16 	(4) 3.0 percent for medical assistance adults without children.

61.17 	Sec. 11. [256B.86] PRESCRIBED PEDIATRIC EXTENDED CARE (PPEC) CENTER 
61.18 	SERVICES.
61.19 		Subdivision 1.Reimbursement rates. The daily per-child payment rates for PPEC basic 
61.20 	services covered by medical assistance and provided at PPEC centers licensed under chapter 
61.21 	144H are:
61.22 	(1) for intense complexity: $550 for four or more hours and $275 for less than four hours;
61.23 	(2) for high complexity: $450 for four or more hours and $225 for less than four hours; 
61.24 	and
61.25 	(3) for moderate complexity: $400 for four or more hours and $200 for less than four 
61.26 	hours.
61.27 		Subd. 2.Determination of complexity level. Complexity level shall be determined 
61.28 	based on the level of nursing intervention required for each child using an assessment tool 
61.29 	approved by the commissioner.

62.1 	EFFECTIVE DATE. This section is effective July 1, 2020, or upon federal approval, 
62.2 	whichever occurs later. The commissioner of human services shall notify the revisor of 
62.3 	statutes when federal approval is obtained.

62.4 	Sec. 12. Minnesota Statutes 2018, section 256L.03, subdivision 5, is amended to read:
62.5 		Subd. 5.Cost-sharing. (a) Co-payments, coinsurance, and deductibles do not apply to 
62.6 	children under the age of 21 and to American Indians as defined in Code of Federal 
62.7 	Regulations, title 42, section 600.5.
62.8 	(b) The commissioner shall adjust co-payments, coinsurance, and deductibles for covered 
62.9 	services in a manner sufficient to maintain the actuarial value of the benefit to 94 percent
62.10 	for families or individuals with incomes equal to or below 150 percent of the federal poverty 
62.11 	guidelines; and to 87 percent for families or individuals with incomes that are above 150 
62.12 	percent of the federal poverty guidelines and equal to or less than 200 percent of the federal 
62.13 	poverty guidelines for the applicable family size. The cost-sharing changes described in 
62.14 	this paragraph do not apply to eligible recipients or services exempt from cost-sharing under 
62.15 	state law. The cost-sharing changes described in this paragraph shall not be implemented 
62.16 	prior to January 1, 2016.
62.17 	(c) The cost-sharing changes authorized under paragraph (b) must satisfy the requirements 
62.18 	for cost-sharing under the Basic Health Program as set forth in Code of Federal Regulations, 
62.19 	title 42, sections 600.510 and 600.520.

62.20 	Sec. 13. Minnesota Statutes 2018, section 256L.03, is amended by adding a subdivision 
62.21 	to read:
62.22 		Subd. 7.Minnesota EHB Benchmark Plan. Notwithstanding subdivisions 1, 2, 3, 3a, 
62.23 	and 3b, and section 256L.12, or any other law to the contrary, the services covered for 
62.24 	parents, caretakers, foster parents, or legal guardians and single adults without children 
62.25 	eligible for MinnesotaCare under section 256L.04 shall be the services covered under the 
62.26 	Minnesota EHB Benchmark Plan for plan year 2016 or the actuarial equivalent.

62.27 	Sec. 14. CORRECTIVE PLAN TO ELIMINATE DUPLICATE PERSONAL 
62.28 	IDENTIFICATION NUMBERS.
 62.29 	(a) The commissioner of human services shall design and implement a corrective plan 
62.30 	to address the issue of medical assistance enrollees being assigned more than one personal 
62.31 	identification number. Any corrections or fixes that are necessary to address this issue are 
62.32 	required to be completed by June 30, 2021.
63.1 	(b) By February 15, 2020, the commissioner shall submit a report to the chairs and 
63.2 	ranking minority members of the legislative committees with jurisdiction over health and 
63.3 	human services policy and finance on the progress of the corrective plan required in paragraph 
63.4 	(a), including an update on meeting the June 30, 2021, deadline. The report must also include 
63.5 	information on:
63.6 	(1) the number of medical assistance enrollees who have been assigned two or more 
63.7 	personal identification numbers;
63.8 	(2) any possible financial effect of enrollees having duplicate personal identification 
63.9 	numbers on health care providers and managed care organizations, including the effect on 
63.10 	reimbursement rates, meeting withhold requirements, and capitated payments; and
63.11 	(3) any effect on federal payments received by the state.

63.12 	Sec. 15. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; 
63.13 	QUALITY MEASURES FOR PRESCRIBED PEDIATRIC EXTENDED CARE 
63.14 	(PPEC) CENTERS.
 63.15 	(a) The commissioner of human services, in consultation with community stakeholders 
63.16 	as defined by the commissioner and PPEC centers licensed prior to June 30, 2024, shall 
63.17 	develop quality measures for PPEC centers, procedures for PPEC centers to report quality 
63.18 	measures to the commissioner, and methods for the commissioner to make the results of 
63.19 	the quality measures available to the public.
63.20 	(b) The commissioner of human services shall submit by February 1, 2024, a report on 
63.21 	the topics described in paragraph (a) to the chairs and ranking minority members of the 
63.22 	legislative committees with jurisdiction over health and human services.

63.23 	EFFECTIVE DATE. This section is effective upon the effective date of section 13.

63.24 	Sec. 16.  REPEALER.
 63.25 	Minnesota Statutes 2018, sections 16A.724, subdivision 2; and 256B.0625, subdivision 
63.26 	31c, are repealed.

63.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

64.1 	ARTICLE 3
64.2 	OPERATIONS

64.3 	Section 1. Minnesota Statutes 2018, section 16A.055, subdivision 1a, is amended to read:
64.4 		Subd. 1a.Additional duties. The commissioner may assist state agencies by providing 
64.5 	analytical, statistical, program evaluation using experimental or quasi-experimental design, 
64.6 	and organizational development services to state agencies in order to assist the agency to 
64.7 	achieve the agency's mission and to operate efficiently and effectively. For purposes of this 
64.8 	section, "experimental design" means a method of evaluating the impact of a service that 
64.9 	uses random assignment to assign participants into groups that respectively receive the 
64.10 	studied service and those that receive service as usual, so that any difference in outcomes 
64.11 	found at the end of the evaluation can be attributed to the studied service; and 
64.12 	"quasi-experimental design" means a method of evaluating the impact of a service that uses 
64.13 	strategies other than random assignment to establish statistically similar groups that 
64.14 	respectively receive the service and those that receive service as usual, so that any difference 
64.15 	in outcomes found at the end of the evaluation can be attributed to the studied service.

64.16 	Sec. 2. [245I.01] OFFICE OF INSPECTOR GENERAL.
64.17 		Subdivision 1.Creation. A state Office of Inspector General is created.
64.18 		Subd. 2.Director. (a) The office shall be under the direction of an inspector general 
64.19 	who shall be appointed by the governor, with the advice and consent of the senate, for a 
64.20 	term ending on June 30 of the sixth calendar year after appointment. Senate confirmation 
64.21 	of the inspector general shall be as provided by section 15.066. The inspector general shall 
64.22 	appoint deputies to serve in the office as necessary to fulfill the duties of the office. The 
64.23 	inspector general may delegate to a subordinate employee the exercise of a specified statutory 
64.24 	power or duty, subject to the control of the inspector general. Every delegation must be by 
64.25 	written order filed with the secretary of state.
64.26 	(b) The inspector general shall be in the unclassified service, but may be removed only 
64.27 	for cause.
64.28 		Subd. 3.Duties. The inspector general shall, in coordination with counties where 
64.29 	applicable:
64.30 	(1) develop and maintain the licensing and regulatory functions related to hospitals, 
64.31 	boarding care homes, outpatient surgical centers, birthing centers, nursing homes, home 
64.32 	care agencies, supplemental nursing services agencies, hospice providers, housing with 
64.33 	services establishments, assisted living facilities, prescribed pediatric extended care centers, 
65.1 	and board and lodging establishments with special services consistent with chapters 144A, 
65.2 	144D, 144G, and 144H, and sections 144.50 to 144.58, 144.615, and 157.17;
65.3 	(2) notwithstanding the requirement under section 144A.52, subdivision 1, that the 
65.4 	director of the Office of Health Facility Complaints be appointed by the commissioner of 
65.5 	health, assume the role of director of the Office of Health Facility Complaints;
65.6 	(3) develop and maintain the licensing and regulatory functions related to adult day care, 
65.7 	child care and early education, children's residential facilities, foster care, home and 
65.8 	community-based services, independent living assistance for youth, outpatient mental health 
65.9 	clinics or centers, residential mental health treatment for adults, and substance use disorder 
65.10 	treatment consistent with chapters 245, 245A, 245D, 245F, 245G, 245H, 252, and 256;
65.11 	(4) conduct background studies according to sections 144.058, 144A.476, 144A.62, 
65.12 	144A.754, and 157.17 and chapter 245C. For the purpose of completing background studies, 
65.13 	the inspector general shall have authority to access maltreatment data maintained by local 
65.14 	welfare agencies or agencies responsible for assessing or investigating reports under section 
65.15 	626.556, and names of substantiated perpetrators related to maltreatment of vulnerable 
65.16 	adults maintained by the commissioner of human services under section 626.557;
65.17 	(5) develop and maintain the background study requirements consistent with chapter 
65.18 	245C;
65.19 	(6) be responsible for ensuring the detection, prevention, investigation, and resolution 
65.20 	of fraudulent activities or behavior by applicants, recipients, providers, and other participants 
65.21 	in the human services programs administered by the Department of Human Services;
65.22 	(7) require county agencies to identify overpayments, establish claims, and utilize all 
65.23 	available and cost-beneficial methodologies to collect and recover these overpayments in 
65.24 	the human services programs administered by the Department of Human Services; and
65.25 	(8) develop, maintain, and administer the common entry point established on July 1, 
65.26 	2015, under section 626.557, subdivision 9.

65.27 	EFFECTIVE DATE. This section is effective July 1, 2020.

65.28 	Sec. 3. [245I.02] TRANSFER OF DUTIES.
65.29 		Subdivision 1.Transfer and reorganization orders. (a) Section 15.039 applies to the 
65.30 	transfer of duties required by this chapter.
66.1 	(b) For an employee affected by the transfer of duties required by this chapter, the 
66.2 	seniority accrued by the employee at the employee's former agency transfers to the employee's 
66.3 	new agency.
66.4 		Subd. 2.Transfer of duties from the commissioner of human services. The 
66.5 	commissioner of administration, with approval of the governor, may issue reorganization 
66.6 	orders under section 16B.37 as necessary to carry out the transfer of duties of the 
66.7 	commissioner of human services required by this chapter. The provision of section 16B.37, 
66.8 	subdivision 1, stating that transfers under that section may be made only to an agency that 
66.9 	has been in existence for at least one year does not apply to transfers to an agency created 
66.10 	by this chapter.
66.11 		Subd. 3.Transfer of duties from the commissioner of health. The commissioner of 
66.12 	administration, with approval of the governor, may issue reorganization orders under section 
66.13 	16B.37 as necessary to carry out the transfer of duties of the commissioner of health required 
66.14 	by this chapter. The provision of section 16B.37, subdivision 1, stating that transfers under 
66.15 	that section may be made only to an agency that has been in existence for at least one year 
66.16 	does not apply to transfers to an agency created by this chapter.
66.17 		Subd. 4.Aggregate cost limit. The commissioner of management and budget must 
66.18 	ensure that the aggregate cost for the inspector general of the Office of Inspector General 
66.19 	is not more than the aggregate cost of the primary executives in the Office of Inspector 
66.20 	General at the Department of Human Services and the Health Regulation Division at the 
66.21 	Department of Health immediately before the effective date of subdivision 2.

66.22 	EFFECTIVE DATE. Subdivisions 1, 2, and 4, are effective July 1, 2020. Subdivision 
66.23 	3 is effective July 1, 2022.

66.24 	Sec. 4. INFORMATION TECHNOLOGY PROJECTS; PERFORMANCE 
66.25 	REQUIREMENT.
 66.26 	The commissioner of human services shall incorporate measurable indicators of progress 
66.27 	toward completion into every information technology project contract. The indicators of 
66.28 	progress toward completion must be periodic and at least measure progress for every 25 
66.29 	percent increment toward completion of the project. Every contract must withhold at least 
66.30 	ten percent of the total contract amount until the project is complete. The contract must 
66.31 	specify that in every instance where an indicator of progress toward completion is not met, 
66.32 	a specified proportion of the contract shall be withheld. The minimum amount withheld 
66.33 	shall be ten percent of the cumulative amount of the contract up to the date of the failure to 
66.34 	meet the indicator of progress toward completion. If an information technology project is 
67.1 	not completed on time according to the original contract, the commissioner shall reduce the 
67.2 	amount of the contract by ten percent.

67.3 	Sec. 5. REDUCING APPROPRIATIONS FOR UNFILLED POSITIONS.
 67.4 		Subdivision 1.Reduction required. The general fund and nongeneral fund appropriations 
67.5 	to the Department of Human Services for agency operations for the biennium ending June 
67.6 	30, 2021, are reduced for salary and benefit amounts attributable to any positions that are 
67.7 	not filled within 180 days of the posting of the position. This section applies only to positions 
67.8 	that are posted in fiscal years 2019, 2020, and 2021. Reductions made under this section 
67.9 	must be reflected as reductions in agency base budgets for fiscal years 2022 and 2023.
67.10 		Subd. 2.Reporting. The commissioner of management and budget must report to the 
67.11 	chairs and ranking minority members of the senate and the house of representatives health 
67.12 	and human services finance committees regarding the amount of reductions in appropriations 
67.13 	under this section.

67.14 	Sec. 6. EVALUATION OF GRANT PROGRAMS; PROVEN-EFFECTIVE 
67.15 	PRACTICES.
 67.16 	(a) In consultation with the commissioner of management and budget, the commissioner 
67.17 	of human services shall establish a schedule to review the services delivered under grant 
67.18 	programs administered by the commissioner of human services to determine whether the 
67.19 	grant program prioritizes proven-effective or promising practices.
67.20 	(b) In accordance with the schedule established in paragraph (a), the commissioner of 
67.21 	human services, in consultation with the commissioner of management and budget, shall 
67.22 	identify services to evaluate using an experimental or quasi-experimental design to provide 
67.23 	information needed to modify or develop grant programs to promote proven-effective 
67.24 	practices to improve the intended outcomes of the grant program.
67.25 	(c) The commissioner of human services, in consultation with the commissioner of 
67.26 	management and budget, shall develop reports for the legislature and other stakeholders to 
67.27 	provide information on incorporating proven-effective practices in program and budget 
67.28 	decisions. The commissioner of management and budget, under Minnesota Statutes, section 
67.29 	15.08, may obtain additional relevant data to support the evaluation activities under this 
67.30 	section.
67.31 	(d) For purposes of this section, the following terms have the meanings given:
68.1 	(1) "proven-effective practice" means a service or practice that offers a high level of 
68.2 	research on effectiveness for at least one outcome of interest, as determined through multiple  
68.3 	evaluations outside of Minnesota or one or more local evaluation in Minnesota. The research 
68.4 	on effectiveness used to determine whether a service is proven-effective must use rigorously 
68.5 	implemented experimental or quasi-experimental designs; and
68.6 	(2) "promising practices" means a service or practice that is supported by research 
68.7 	demonstrating effectiveness for at least one outcome of interest, and includes a single  
68.8 	evaluation that is not contradicted by other studies, but does not meet the full criteria for 
68.9 	the proven-effective designation. The research on effectiveness used to determine whether 
68.10 	a service is a promising practice must use rigorously implemented experimental or 
68.11 	quasi-experimental designs.

68.12 	Sec. 7. REVISOR INSTRUCTION.
 68.13 	The revisor of statutes, in consultation with staff from the House Research Department; 
68.14 	House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and 
68.15 	the respective departments shall prepare legislation for introduction in the 2020 legislative 
68.16 	session proposing the statutory changes needed to implement the transfers of duties required 
68.17 	by sections 245I.01 and 245I.02.

68.18 	EFFECTIVE DATE. This section is effective July 1, 2019.

68.19 	ARTICLE 4
68.20 	MNSURE

68.21 	Section 1. Minnesota Statutes 2018, section 62V.05, subdivision 2, is amended to read:
68.22 		Subd. 2.Operations funding. (a) Prior to January 1, 2015, MNsure shall retain or collect 
68.23 	up to 1.5 percent of total premiums for individual and small group market health plans and 
68.24 	dental plans sold through MNsure to fund the cash reserves of MNsure, but the amount 
68.25 	collected shall not exceed a dollar amount equal to 25 percent of the funds collected under 
68.26 	section 62E.11, subdivision 6, for calendar year 2012.
68.27 	(b) Beginning January 1, 2015, MNsure shall retain or collect up to 3.5 percent of total 
68.28 	premiums for individual and small group market health plans and dental plans sold through 
68.29 	MNsure to fund the operations of MNsure, but the amount collected shall not exceed a 
68.30 	dollar amount equal to 50 percent of the funds collected under section 62E.11, subdivision 
68.31 	6, for calendar year 2012.
69.1 	(c) (a) Beginning January 1, 2016, through December 31, 2019, MNsure shall retain or 
69.2 	collect up to 3.5 percent of total premiums for individual and small group market health 
69.3 	plans and dental plans sold through MNsure to fund the operations of MNsure, but the 
69.4 	amount collected may never exceed a dollar amount greater than 100 percent of the funds 
69.5 	collected under section 62E.11, subdivision 6, for calendar year 2012.
69.6 	(d) For fiscal years 2014 and 2015, the commissioner of management and budget is 
69.7 	authorized to provide cash flow assistance of up to $20,000,000 from the special revenue 
69.8 	fund or the statutory general fund under section 16A.671, subdivision 3, paragraph (a), to 
69.9 	MNsure. Any funds provided under this paragraph shall be repaid, with interest, by June 
69.10 	30, 2015.
69.11 	(b) Beginning January 1, 2020, MNsure shall retain or collect up to two percent of total 
69.12 	premiums for individual and small group health plans and dental plans sold through MNsure 
69.13 	to fund the operations of MNsure, but the amount collected may never exceed a dollar 
69.14 	amount greater than 25 percent of the funds collected under section 62E.11, subdivision 6, 
69.15 	for calendar year 2012.
69.16 	(e) (c) Funding for the operations of MNsure shall cover any compensation provided to 
69.17 	navigators participating in the navigator program.
69.18 	(d) Interagency agreements between MNsure and the Department of Human Services, 
69.19 	and the Public Assistance Cost Allocation Plan for the Department of Human Services, 
69.20 	shall not be modified to reflect any changes to the percentage of premiums that MNsure is 
69.21 	allowed to retain or collect under this section, and no additional funding shall be transferred 
69.22 	from the Department of Human Services to MNsure as a result of any changes to the 
69.23 	percentage of premiums that MNsure is allowed to retain or collect under this section.

69.24 	Sec. 2. Minnesota Statutes 2018, section 62V.05, subdivision 5, is amended to read:
69.25 		Subd. 5.Health carrier and health plan requirements; participation. (a) Beginning 
69.26 	January 1, 2015, the board may establish certification requirements for health carriers and 
69.27 	health plans to be offered through MNsure that satisfy federal requirements under section 
69.28 	1311(c)(1) of the Affordable Care Act, Public Law 111-148 United States Code, title 42, 
69.29 	section 18031(c)(1).
69.30 	(b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory 
69.31 	requirements that:
69.32 	(1) apply uniformly to all health carriers and health plans in the individual market;
69.33 	(2) apply uniformly to all health carriers and health plans in the small group market; and
70.1 	(3) satisfy minimum federal certification requirements under section 1311(c)(1) of the 
70.2 	Affordable Care Act, Public Law 111-148 United States Code, title 42, section 18031(c)(1).
70.3 	(c) In accordance with section 1311(e) of the Affordable Care Act, Public Law 111-148
70.4 	United States Code, title 42, section 18031(e), the board shall establish policies and 
70.5 	procedures for certification and selection of health plans to be offered as qualified health 
70.6 	plans through MNsure. The board shall certify and select a health plan as a qualified health 
70.7 	plan to be offered through MNsure, if:
70.8 	(1) the health plan meets the minimum certification requirements established in paragraph 
70.9 	(a) or the market regulatory requirements in paragraph (b);
70.10 	(2) the board determines that making the health plan available through MNsure is in the 
70.11 	interest of qualified individuals and qualified employers;
70.12 	(3) the health carrier applying to offer the health plan through MNsure also applies to 
70.13 	offer health plans at each actuarial value level and service area that the health carrier currently 
70.14 	offers in the individual and small group markets; and
70.15 	(4) the health carrier does not apply to offer health plans in the individual and small 
70.16 	group markets through MNsure under a separate license of a parent organization or holding 
70.17 	company under section 60D.15, that is different from what the health carrier offers in the 
70.18 	individual and small group markets outside MNsure.
70.19 	(d) In determining the interests of qualified individuals and employers under paragraph 
70.20 	(c), clause (2), the board may not exclude a health plan for any reason specified under section 
70.21 	1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148 United States Code, title 
70.22 	42, section 18031(e)(1)(B). The board may consider:
70.23 	(1) affordability;
70.24 	(2) quality and value of health plans;
70.25 	(3) promotion of prevention and wellness;
70.26 	(4) promotion of initiatives to reduce health disparities;
70.27 	(5) market stability and adverse selection;
70.28 	(6) meaningful choices and access;
70.29 	(7) alignment and coordination with state agency and private sector purchasing strategies 
70.30 	and payment reform efforts; and
70.31 	(8) other criteria that the board determines appropriate.
71.1 	(e) A health plan that meets the minimum certification requirements under paragraph 
71.2 	(c) and United States Code, title 42, section 18031(c)(1), and any regulations and guidance 
71.3 	issued under that section, is deemed to be in the interest of qualified individuals and qualified 
71.4 	employers. The board shall not establish certification requirements for health carriers and 
71.5 	health plans for participation in MNsure that are in addition to the certification requirements 
71.6 	under paragraph (c) and United States Code, title 42, section 18031(c)(1), and any regulations 
71.7 	and guidance issued under that section. The board shall not determine the cost of, cost-sharing 
71.8 	elements of, or benefits provided in health plans sold through MNsure.
71.9 	(e) (f) For qualified health plans offered through MNsure on or after January 1, 2015, 
71.10 	the board shall establish policies and procedures under paragraphs (c) and (d) for selection 
71.11 	of health plans to be offered as qualified health plans through MNsure by February 1 of 
71.12 	each year, beginning February 1, 2014. The board shall consistently and uniformly apply 
71.13 	all policies and procedures and any requirements, standards, or criteria to all health carriers 
71.14 	and health plans. For any policies, procedures, requirements, standards, or criteria that are 
71.15 	defined as rules under section 14.02, subdivision 4, the board may use the process described 
71.16 	in subdivision 9.
71.17 	(f) For 2014, the board shall not have the power to select health carriers and health plans 
71.18 	for participation in MNsure. The board shall permit all health plans that meet the certification 
71.19 	requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148, to 
71.20 	be offered through MNsure.
71.21 	(g) Under this subdivision, the board shall have the power to verify that health carriers 
71.22 	and health plans are properly certified to be eligible for participation in MNsure.
71.23 	(h) The board has the authority to decertify health carriers and health plans that fail to 
71.24 	maintain compliance with section 1311(c)(1) of the Affordable Care Act, Public Law 111-148
71.25 	United States Code, title 42, section 18031(c)(1).
71.26 	(i) For qualified health plans offered through MNsure beginning January 1, 2015, health 
71.27 	carriers must use the most current addendum for Indian health care providers approved by 
71.28 	the Centers for Medicare and Medicaid Services and the tribes as part of their contracts with 
71.29 	Indian health care providers. MNsure shall comply with all future changes in federal law 
71.30 	with regard to health coverage for the tribes.

71.31 	Sec. 3. Minnesota Statutes 2018, section 62V.05, subdivision 10, is amended to read:
71.32 		Subd. 10.Limitations; risk-bearing. (a) The board shall not bear insurance risk or enter 
71.33 	into any agreement with health care providers to pay claims.
72.1 	(b) Nothing in this subdivision shall prevent MNsure from providing insurance for its 
72.2 	employees.
72.3 	(c) The commissioner of human services shall not bear insurance risk or enter into any 
72.4 	agreement with providers to pay claims for any health coverage administered by the 
72.5 	commissioner that is made available for purchase through the MNsure website as a qualifying 
72.6 	health plan or as an alternative to purchasing a qualifying health plan through MNsure or 
72.7 	an individual health plan offered outside of MNsure.
72.8 	(d) Nothing in this subdivision shall prohibit:
72.9 	(1) the commissioner of human services from administering the medical assistance 
72.10 	program under chapter 256B and the MinnesotaCare program under chapter 256L, as long 
72.11 	as health coverage under these programs is not purchased by the individual through the 
72.12 	MNsure Web site; and
72.13 	(2) employees of the Department of Human Services from obtaining insurance from the 
72.14 	state employee group insurance program.

72.15 	Sec. 4. Minnesota Statutes 2018, section 62V.08, is amended to read:
72.16 	62V.08 REPORTS.
72.17 	(a) MNsure shall submit a report to the legislature by January 15, 2015, and each January 
72.18 	15 thereafter, on: (1) the performance of MNsure operations; (2) meeting MNsure 
72.19 	responsibilities; (3) an accounting of MNsure budget activities; (4) practices and procedures 
72.20 	that have been implemented to ensure compliance with data practices laws, and a description 
72.21 	of any violations of data practices laws or procedures; and (5) the effectiveness of the 
72.22 	outreach and implementation activities of MNsure in reducing the rate of uninsurance.
72.23 	(b) MNsure must publish its administrative and operational costs on a website to educate 
72.24 	consumers on those costs. The information published must include: (1) the amount of 
72.25 	premiums and federal premium subsidies collected; (2) the amount and source of revenue 
72.26 	received under section 62V.05, subdivision 1, paragraph (b), clause (3); (3) the amount and 
72.27 	source of any other fees collected for purposes of supporting operations; and (4) any misuse 
72.28 	of funds as identified in accordance with section 3.975. The website must be updated at 
72.29 	least annually.
72.30 	(c) As part of the report required to be submitted to the legislature in paragraph (a), and 
72.31 	the information required to be published in paragraph (b), MNsure shall include the total 
72.32 	amount spent on business continuity planning, data privacy protection, and cyber security 
72.33 	provisions.

73.1 	Sec. 5. Laws 2015, chapter 71, article 12, section 8, is amended to read:
73.2 	Sec. 8. EXPANDED ACCESS TO QUALIFIED HEALTH PLANS AND SUBSIDIES.
 73.3 	The commissioner of commerce, in consultation with the Board of Directors of MNsure 
73.4 	and the MNsure Legislative Oversight Committee, shall develop a proposal to allow 
73.5 	individuals to purchase qualified health plans outside of MNsure directly from health plan 
73.6 	companies and to allow eligible individuals to receive advanced premium tax credits and 
73.7 	cost-sharing reductions when purchasing these health plans. The commissioner shall seek 
73.8 	all federal waivers and approvals necessary to implement this proposal and shall submit the 
73.9 	necessary federal waivers and approvals to the federal government no later than October 1, 
73.10 	2019. The commissioner shall submit a draft proposal to the MNsure board and the MNsure 
73.11 	Legislative Oversight Committee at least 30 days before submitting a final proposal to the 
73.12 	federal government no later than September 1, 2019, and shall notify the board and legislative 
73.13 	oversight committee of any federal decision or action related to the proposal.

73.14 	Sec. 6. MNSURE PROGRAM DEVELOPMENT.
 73.15 	No funds shall be appropriated to the Board of Directors of MNsure for new program 
73.16 	development until 834 EDI transmissions are being processed automatically and are 
73.17 	conveying accurate information without the intervention of manual reviews and processes.

73.18 	Sec. 7. RATES FOR INDIVIDUAL MARKET HEALTH AND DENTAL PLANS 
73.19 	FOR 2020.
 73.20 	(a) Health carriers must take into account the reduction in the premium withhold 
73.21 	percentage under Minnesota Statutes, section 62V.05, subdivision 2, applicable beginning 
73.22 	in calendar year 2020 for individual market health plans and dental plans sold through 
73.23 	MNsure when setting rates for individual market health plans and dental plans for calendar 
73.24 	year 2020.
73.25 	(b) For purposes of this section, "dental plan," "health carrier," "health plan," and 
73.26 	"individual market" have the meanings given in Minnesota Statutes, section 62V.02.

73.27 	Sec. 8. REQUEST FOR INFORMATION ON A PRIVATIZED STATE-BASED 
73.28 	MARKETPLACE SYSTEM.
 73.29 	(a) The commissioner of human services, in consultation with the commissioners of 
73.30 	commerce and health, and interested stakeholders, shall develop a request for information 
73.31 	to consider the feasibility for a private vendor to provide the technology functionality for 
74.1 	the individual market currently provided by MNsure. The request shall seek options for a 
74.2 	privately run automated web-based broker system that provides certain core functions 
74.3 	including eligibility and enrollment functions,  consumer outreach and assistance, and the 
74.4 	ability for consumers to compare and choose different qualified health plans. The system 
74.5 	must have the ability to integrate with the federal data hub and have account transfer 
74.6 	functionality to accept application handoffs compatible with the Medicaid and MinnesotaCare 
74.7 	eligibility and enrollment system maintained by the Department of Human Services.
74.8 	(b) The commissioner shall report to the chairs and ranking minority members of the 
74.9 	legislative committees with jurisdiction over health insurance by February 15, 2020, the 
74.10 	results of the request for information and an analysis of the option for a privatized 
74.11 	marketplace, including estimated costs.

74.12 	ARTICLE 5
74.13 	MISCELLANEOUS

74.14 	Section 1. Minnesota Statutes 2018, section 62A.30, is amended by adding a subdivision 
74.15 	to read:
74.16 		Subd. 4.Mammograms. (a) For purposes of subdivision 2, coverage for a preventive 
74.17 	mammogram screening (1) includes digital breast tomosynthesis for enrollees at risk for 
74.18 	breast cancer, and (2) is covered as a preventive item or service, as described under section 
74.19 	62Q.46.
74.20 	(b) For purposes of this subdivision, "digital breast tomosynthesis" means a radiologic 
74.21 	procedure that involves the acquisition of projection images over the stationary breast to 
74.22 	produce cross-sectional digital three-dimensional images of the breast. "At risk for breast 
74.23 	cancer" means:
74.24 	(1) having a family history with one or more first- or second-degree relatives with breast 
74.25 	cancer;
74.26 	(2) testing positive for BRCA1 or BRCA2 mutations;
74.27 	(3) having heterogeneously dense breasts or extremely dense breasts based on the Breast 
74.28 	Imaging Reporting and Data System established by the American College of Radiology; or
74.29 	(4) having a previous diagnosis of breast cancer.
74.30 	(c) This subdivision does not apply to coverage provided through a public health care 
74.31 	program under chapter 256B or 256L.
75.1 	(d) Nothing in this subdivision limits the coverage of digital breast tomosynthesis in a 
75.2 	policy, plan, certificate, or contract referred to in subdivision 1 that is in effect prior to  
75.3 	January 1, 2020.
75.4 	(e) Nothing in this subdivision prohibits a policy, plan, certificate, or contract referred 
75.5 	to in subdivision 1 from covering digital breast tomosynthesis for an enrollee who is not at 
75.6 	risk for breast cancer.

75.7 	EFFECTIVE DATE. This section is effective January 1, 2020, and applies to health 
75.8 	plans issued, sold, or renewed on or after that date.

75.9 	Sec. 2. Minnesota Statutes 2018, section 148.59, is amended to read:
75.10 	148.59 LICENSE RENEWAL; LICENSE AND REGISTRATION FEES.
75.11 	A licensed optometrist shall pay to the state Board of Optometry a fee as set by the board 
75.12 	in order to renew a license as provided by board rule. No fees shall be refunded. Fees may 
75.13 	not exceed the following amounts but may be adjusted lower by board direction and are for 
75.14 	the exclusive use of the board:
75.15 	(1) optometry licensure application, $160;
75.16 	(2) optometry annual licensure renewal, $135 $170;
75.17 	(3) optometry late penalty fee, $75;
75.18 	(4) annual license renewal card, $10;
75.19 	(5) continuing education provider application, $45;
75.20 	(6) emeritus registration, $10;
75.21 	(7) endorsement/reciprocity application, $160;
75.22 	(8) replacement of initial license, $12; and
75.23 	(9) license verification, $50.;
75.24 	(10) jurisprudence state examination, $75;
75.25 	(11) Optometric Education Continuing Education data bank registration, $20; and
75.26 	(12) data requests and labels, $50.

76.1 	Sec. 3. Minnesota Statutes 2018, section 148E.180, is amended to read:
76.2 	148E.180 FEE AMOUNTS.
76.3 		Subdivision 1.Application fees. Nonrefundable application fees for licensure are as 
76.4 	follows may not exceed the following amounts:
76.5 	(1) for a licensed social worker, $45 $54;
76.6 	(2) for a licensed graduate social worker, $45 $54;
76.7 	(3) for a licensed independent social worker, $45 $54;
76.8 	(4) for a licensed independent clinical social worker, $45 $54;
76.9 	(5) for a temporary license, $50; and
76.10 	(6) for a licensure by endorsement, $85 $92.
76.11 	The fee for criminal background checks is the fee charged by the Bureau of Criminal 
76.12 	Apprehension. The criminal background check fee must be included with the application 
76.13 	fee as required according to section 148E.055.
76.14 		Subd. 2.License fees. Nonrefundable license fees are as follows may not exceed the 
76.15 	following amounts but may be adjusted lower by board action:
76.16 	(1) for a licensed social worker, $81 $97;
76.17 	(2) for a licensed graduate social worker, $144 $172;
76.18 	(3) for a licensed independent social worker, $216 $258;
76.19 	(4) for a licensed independent clinical social worker, $238.50 $284;
76.20 	(5) for an emeritus inactive license, $43.20 $51;
76.21 	(6) for an emeritus active license, one-half of the renewal fee specified in subdivision 
76.22 	3; and
76.23 	(7) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
76.24 	If the licensee's initial license term is less or more than 24 months, the required license 
76.25 	fees must be prorated proportionately.
76.26 		Subd. 3.Renewal fees. Nonrefundable renewal fees for licensure are as follows the 
76.27 	two-year renewal term may not exceed the following amounts but may be adjusted lower 
76.28 	by board action:
76.29 	(1) for a licensed social worker, $81 $97;
77.1 	(2) for a licensed graduate social worker, $144 $172;
77.2 	(3) for a licensed independent social worker, $216 $258; and
77.3 	(4) for a licensed independent clinical social worker, $238.50 $284.
77.4 		Subd. 4.Continuing education provider fees. Continuing education provider fees are 
77.5 	as follows the following nonrefundable amounts:
77.6 	(1) for a provider who offers programs totaling one to eight clock hours in a one-year 
77.7 	period according to section 148E.145, $50 $60;
77.8 	(2) for a provider who offers programs totaling nine to 16 clock hours in a one-year 
77.9 	period according to section 148E.145, $100 $120;
77.10 	(3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year period 
77.11 	according to section 148E.145, $200 $240;
77.12 	(4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year period 
77.13 	according to section 148E.145, $400 $480; and
77.14 	(5) for a provider who offers programs totaling 49 or more clock hours in a one-year 
77.15 	period according to section 148E.145, $600 $720.
77.16 		Subd. 5.Late fees. Late fees are as follows the following nonrefundable amounts:
77.17 	(1) renewal late fee, one-fourth of the renewal fee specified in subdivision 3;
77.18 	(2) supervision plan late fee, $40; and
77.19 	(3) license late fee, $100 plus the prorated share of the license fee specified in subdivision 
77.20 	2 for the number of months during which the individual practiced social work without a 
77.21 	license.
77.22 		Subd. 6.License cards and wall certificates. (a) The fee for a license card as specified 
77.23 	in section 148E.095 is $10.
77.24 	(b) The fee for a license wall certificate as specified in section 148E.095 is $30.
77.25 		Subd. 7.Reactivation fees. Reactivation fees are as follows the following nonrefundable 
77.26 	amounts:
77.27 	(1) reactivation from a temporary leave or emeritus status, the prorated share of the 
77.28 	renewal fee specified in subdivision 3; and
77.29 	(2) reactivation of an expired license, 1-1/2 times the renewal fees specified in subdivision 
77.30 	3.

78.1 	Sec. 4. Minnesota Statutes 2018, section 152.126, subdivision 6, is amended to read:
78.2 		Subd. 6.Access to reporting system data. (a) Except as indicated in this subdivision, 
78.3 	the data submitted to the board under subdivision 4 is private data on individuals as defined 
78.4 	in section 13.02, subdivision 12, and not subject to public disclosure.
78.5 	(b) Except as specified in subdivision 5, the following persons shall be considered 
78.6 	permissible users and may access the data submitted under subdivision 4 in the same or 
78.7 	similar manner, and for the same or similar purposes, as those persons who are authorized 
78.8 	to access similar private data on individuals under federal and state law:
78.9 	(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has 
78.10 	delegated the task of accessing the data, to the extent the information relates specifically to 
78.11 	a current patient, to whom the prescriber is:
78.12 	(i) prescribing or considering prescribing any controlled substance;
78.13 	(ii) providing emergency medical treatment for which access to the data may be necessary;
78.14 	(iii) providing care, and the prescriber has reason to believe, based on clinically valid 
78.15 	indications, that the patient is potentially abusing a controlled substance; or
78.16 	(iv) providing other medical treatment for which access to the data may be necessary 
78.17 	for a clinically valid purpose and the patient has consented to access to the submitted data, 
78.18 	and with the provision that the prescriber remains responsible for the use or misuse of data 
78.19 	accessed by a delegated agent or employee;
78.20 	(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has 
78.21 	delegated the task of accessing the data, to the extent the information relates specifically to 
78.22 	a current patient to whom that dispenser is dispensing or considering dispensing any 
78.23 	controlled substance and with the provision that the dispenser remains responsible for the 
78.24 	use or misuse of data accessed by a delegated agent or employee;
78.25 	(3) a licensed pharmacist who is providing pharmaceutical care for which access to the 
78.26 	data may be necessary to the extent that the information relates specifically to a current 
78.27 	patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has 
78.28 	consented to access to the submitted data; or (ii) if the pharmacist is consulted by a prescriber 
78.29 	who is requesting data in accordance with clause (1);
78.30 	(4) an individual who is the recipient of a controlled substance prescription for which 
78.31 	data was submitted under subdivision 4, or a guardian of the individual, parent or guardian 
78.32 	of a minor, or health care agent of the individual acting under a health care directive under 
78.33 	chapter 145C;
79.1 	(5) personnel or designees of a health-related licensing board listed in section 214.01, 
79.2 	subdivision 2, or of the Emergency Medical Services Regulatory Board, assigned to conduct 
79.3 	a bona fide investigation of a complaint received by that board that alleges that a specific 
79.4 	licensee is impaired by use of a drug for which data is collected under subdivision 4, has 
79.5 	engaged in activity that would constitute a crime as defined in section 152.025, or has 
79.6 	engaged in the behavior specified in subdivision 5, paragraph (a);
79.7 	(6) personnel of the board engaged in the collection, review, and analysis of controlled 
79.8 	substance prescription information as part of the assigned duties and responsibilities under 
79.9 	this section;
79.10 	(7) authorized personnel of a vendor under contract with the state of Minnesota who are 
79.11 	engaged in the design, implementation, operation, and maintenance of the prescription 
79.12 	monitoring program as part of the assigned duties and responsibilities of their employment, 
79.13 	provided that access to data is limited to the minimum amount necessary to carry out such 
79.14 	duties and responsibilities, and subject to the requirement of de-identification and time limit 
79.15 	on retention of data specified in subdivision 5, paragraphs (d) and (e);
79.16 	(8) federal, state, and local law enforcement authorities acting pursuant to a valid search 
79.17 	warrant;
79.18 	(9) personnel of the Minnesota health care programs assigned to use the data collected 
79.19 	under this section to identify and manage recipients whose usage of controlled substances 
79.20 	may warrant restriction to a single primary care provider, a single outpatient pharmacy, and 
79.21 	a single hospital;
79.22 	(10) personnel of the Department of Human Services assigned to access the data pursuant 
79.23 	to paragraph (i);
79.24 	(11) personnel of the health professionals services program established under section 
79.25 	214.31, to the extent that the information relates specifically to an individual who is currently 
79.26 	enrolled in and being monitored by the program, and the individual consents to access to 
79.27 	that information. The health professionals services program personnel shall not provide this 
79.28 	data to a health-related licensing board or the Emergency Medical Services Regulatory 
79.29 	Board, except as permitted under section 214.33, subdivision 3.
79.30 	For purposes of clause (4), access by an individual includes persons in the definition of 
79.31 	an individual under section 13.02; and
79.32 	(12) personnel or designees of a health-related licensing board listed in section 214.01, 
79.33 	subdivision 2, assigned to conduct a bona fide investigation of a complaint received by that 
80.1 	board that alleges that a specific licensee is inappropriately prescribing controlled substances 
80.2 	as defined in this section.
80.3 	(c) By July 1, 2017, every prescriber licensed by a health-related licensing board listed 
80.4 	in section 214.01, subdivision 2, practicing within this state who is authorized to prescribe 
80.5 	controlled substances for humans and who holds a current registration issued by the federal 
80.6 	Drug Enforcement Administration, and every pharmacist licensed by the board and practicing 
80.7 	within the state, shall register and maintain a user account with the prescription monitoring 
80.8 	program. Data submitted by a prescriber, pharmacist, or their delegate during the registration 
80.9 	application process, other than their name, license number, and license type, is classified 
80.10 	as private pursuant to section 13.02, subdivision 12.
80.11 	(d) Only permissible users identified in paragraph (b), clauses (1), (2), (3), (6), (7), (9), 
80.12 	and (10), may directly access the data electronically. No other permissible users may directly 
80.13 	access the data electronically. If the data is directly accessed electronically, the permissible 
80.14 	user shall implement and maintain a comprehensive information security program that 
80.15 	contains administrative, technical, and physical safeguards that are appropriate to the user's 
80.16 	size and complexity, and the sensitivity of the personal information obtained. The permissible 
80.17 	user shall identify reasonably foreseeable internal and external risks to the security, 
80.18 	confidentiality, and integrity of personal information that could result in the unauthorized 
80.19 	disclosure, misuse, or other compromise of the information and assess the sufficiency of 
80.20 	any safeguards in place to control the risks.
80.21 	(e) The board shall not release data submitted under subdivision 4 unless it is provided 
80.22 	with evidence, satisfactory to the board, that the person requesting the information is entitled 
80.23 	to receive the data.
80.24 	(f) The board shall maintain a log of all persons who access the data for a period of at 
80.25 	least three years and shall ensure that any permissible user complies with paragraph (c) (d)
80.26 	prior to attaining direct access to the data.
80.27 	(g) Section 13.05, subdivision 6, shall apply to any contract the board enters into pursuant 
80.28 	to subdivision 2. A vendor shall not use data collected under this section for any purpose 
80.29 	not specified in this section.
80.30 	(h) The board may participate in an interstate prescription monitoring program data 
80.31 	exchange system provided that permissible users in other states have access to the data only 
80.32 	as allowed under this section, and that section 13.05, subdivision 6, applies to any contract 
80.33 	or memorandum of understanding that the board enters into under this paragraph.
81.1 	(i) With available appropriations, the commissioner of human services shall establish 
81.2 	and implement a system through which the Department of Human Services shall routinely 
81.3 	access the data for the purpose of determining whether any client enrolled in an opioid 
81.4 	treatment program licensed according to chapter 245A has been prescribed or dispensed a 
81.5 	controlled substance in addition to that administered or dispensed by the opioid treatment 
81.6 	program. When the commissioner determines there have been multiple prescribers or multiple 
81.7 	prescriptions of controlled substances, the commissioner shall:
81.8 	(1) inform the medical director of the opioid treatment program only that the 
81.9 	commissioner determined the existence of multiple prescribers or multiple prescriptions of 
81.10 	controlled substances; and
81.11 	(2) direct the medical director of the opioid treatment program to access the data directly, 
81.12 	review the effect of the multiple prescribers or multiple prescriptions, and document the 
81.13 	review.
81.14 	If determined necessary, the commissioner of human services shall seek a federal waiver 
81.15 	of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section 
81.16 	2.34, paragraph (c), prior to implementing this paragraph.
81.17 	(j) The board shall review the data submitted under subdivision 4 on at least a quarterly 
81.18 	basis and shall establish criteria, in consultation with the advisory task force, for referring 
81.19 	information about a patient to prescribers and dispensers who prescribed or dispensed the 
81.20 	prescriptions in question if the criteria are met.
81.21 	(k) The board shall conduct random audits, on at least a quarterly basis, of electronic 
81.22 	access by permissible users, as identified in paragraph (b), clauses  (1), (2), (3), (6), (7), (9), 
81.23 	and (10), to the data in subdivision 4, to ensure compliance with permissible use as defined 
81.24 	in this section. A permissible user whose account has been selected for a random audit shall 
81.25 	respond to an inquiry by the board, no later than 30 days after receipt of notice that an audit 
81.26 	is being conducted. Failure to respond may result in deactivation of access to the electronic 
81.27 	system and referral to the appropriate health licensing board, or the commissioner of human 
81.28 	services, for further action.
81.29 	(l) A permissible user who has delegated the task of accessing the data in subdivision 4 
81.30 	to an agent or employee shall audit the use of the electronic system by delegated agents or 
81.31 	employees on at least a quarterly basis to ensure compliance with permissible use as defined 
81.32 	in this section. When a delegated agent or employee has been identified as inappropriately 
81.33 	accessing data, the permissible user must immediately remove access for that individual 
82.1 	and notify the board within seven days. The board shall notify all permissible users associated 
82.2 	with the delegated agent or employee of the alleged violation.

82.3 	Sec. 5. Minnesota Statutes 2018, section 525A.11, is amended to read:
82.4 	525A.11 PERSONS THAT MAY RECEIVE ANATOMICAL GIFT; PURPOSE 
82.5 	OF ANATOMICAL GIFT.
82.6 	(a) An anatomical gift may be made to the following persons named in the document 
82.7 	of gift:
82.8 	(1) a hospital; accredited medical school, dental school, college, or university; organ 
82.9 	procurement organization; or nonprofit organization in medical education or research, for 
82.10 	research or education;
82.11 	(2) subject to paragraph (b), an individual designated by the person making the anatomical 
82.12 	gift if the individual is the recipient of the part; and
82.13 	(3) an eye bank or tissue bank.
82.14 	(b) If an anatomical gift to an individual under paragraph (a), clause (2), cannot be 
82.15 	transplanted into the individual, the part passes in accordance with paragraph (g) in the 
82.16 	absence of an express, contrary indication by the person making the anatomical gift.
82.17 	(c) If an anatomical gift of one or more specific parts or of all parts is made in a document 
82.18 	of gift that does not name a person described in paragraph (a) but identifies the purpose for 
82.19 	which an anatomical gift may be used, the following rules apply:
82.20 	(1) if the part is an eye and the gift is for the purpose of transplantation or therapy, the 
82.21 	gift passes to the appropriate eye bank;
82.22 	(2) if the part is tissue and the gift is for the purpose of transplantation or therapy, the 
82.23 	gift passes to the appropriate tissue bank;
82.24 	(3) if the part is an organ and the gift is for the purpose of transplantation or therapy, 
82.25 	the gift passes to the appropriate organ procurement organization as custodian of the organ; 
82.26 	and
82.27 	(4) if the part is an organ, an eye, or tissue and the gift is for the purpose of research or 
82.28 	education, the gift passes to the appropriate procurement organization.
82.29 	(d) For the purpose of paragraph (c), if there is more than one purpose of an anatomical 
82.30 	gift set forth in the document of gift but the purposes are not set forth in any priority, the 
83.1 	gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for 
83.2 	transplantation or therapy, the gift may be used for research or education.
83.3 	(e) If an anatomical gift of one or more specific parts is made in a document of gift that 
83.4 	does not name a person described in paragraph (a) and does not identify the purpose of the 
83.5 	gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance 
83.6 	with paragraph (g).
83.7 	(f) If a document of gift specifies only a general intent to make an anatomical gift by 
83.8 	words such as "donor," "organ donor," or "body donor," or by a symbol or statement of 
83.9 	similar import, the gift may be used only for transplantation or therapy, and the gift passes 
83.10 	in accordance with paragraph (g).
83.11 	(g) For purposes of paragraphs (b), (e), and (f), the following rules apply:
83.12 	(1) if the part is an eye, the gift passes to the appropriate eye bank;
83.13 	(2) if the part is tissue, the gift passes to the appropriate tissue bank; and
83.14 	(3) if the part is an organ, the gift passes to the appropriate organ procurement 
83.15 	organization as custodian of the organ.
83.16 	(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical 
83.17 	gift under paragraph (a), clause (2), passes to the organ procurement organization as custodian 
83.18 	of the organ.
83.19 	(i) If an anatomical gift does not pass pursuant to paragraphs (a) to (h) or the decedent's 
83.20 	body or part is not used for transplantation, therapy, research, or education, custody of the 
83.21 	body or part passes to the person under obligation to dispose of the body or part.
83.22 	(j) A person may not accept an anatomical gift if the person knows that the gift was not 
83.23 	effectively made under section 525A.05 or 525A.10 or if the person knows that the decedent 
83.24 	made a refusal under section 525A.07 that was not revoked. For purposes of this paragraph, 
83.25 	if a person knows that an anatomical gift was made on a document of gift, the person is 
83.26 	deemed to know of any amendment or revocation of the gift or any refusal to make an 
83.27 	anatomical gift on the same document of gift.
83.28 	(k) Except as otherwise provided in paragraph (a), clause (2), nothing in this chapter 
83.29 	affects the allocation of organs for transplantation or therapy.
83.30 	(l) For purposes of paragraphs (c), clauses (1) and (4), and (g), no gift of an eye or a part 
83.31 	of an eye shall be directly or indirectly processed by or distributed to a for profit entity, and 
83.32 	no gift shall be sold or distributed for profit.

84.1 	Sec. 6. GUIDELINES AUTHORIZING PATIENT-ASSISTED MEDICATION 
84.2 	ADMINISTRATION IN EMERGENCIES.
 84.3 	(a) Within the limits of the board's available appropriation, the Emergency Medical 
84.4 	Services Regulatory Board shall propose guidelines authorizing EMTs, AEMTs, and 
84.5 	paramedics certified under Minnesota Statutes, section 144E.28, to assist a patient in 
84.6 	emergency situations with administering prescription medications that are:
84.7 	(1) carried by a patient;
84.8 	(2) intended to treat adrenal insufficiency or other rare conditions that require emergency 
84.9 	treatment with a previously prescribed medication;
84.10 	(3) intended to treat a specific life-threatening condition; and
84.11 	(4) administered via routes of delivery that are within the scope of training of the EMT, 
84.12 	AEMT, or paramedic.
84.13 	(b) The Emergency Medical Services Regulatory Board shall submit the proposed 
84.14 	guidelines and draft legislation as necessary to the chairs and ranking minority members of 
84.15 	the legislative committees with jurisdiction over health care by January 1, 2020.

84.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

84.17 	ARTICLE 6
84.18 	FORECAST ADJUSTMENT

84.19	Section 1. DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT.
 	
84.20 	The dollar amounts shown in the columns marked "Appropriations" are added to or, if 
84.21 	shown in parentheses, are subtracted from the appropriations in Laws 2017, First Special 
84.22 	Session chapter 6, article 18, from the general fund, or any other fund named, to the 
84.23 	commissioner of human services for the purposes specified in this article, to be available 
84.24 	for the fiscal year indicated for each purpose. The figure "2019" used in this article means 
84.25 	that the appropriations listed are available for the fiscal year ending June 30, 2019.

84.26				APPROPRIATIONS
	
84.27				Available for the Year
	
84.28				Ending June 30
	
84.29					2019

84.30
84.31	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

84.32	Subdivision 1.Total Appropriation
 	$
	(318,423,000)

85.1	Appropriations by Fund
	
85.2		2019
		
85.3	General
	(317,538,000)
		
85.4	Health Care Access
	8,410,000
		
85.5	Federal TANF
	(9,295,000)

85.6	Subd. 2.Forecasted Programs
 					
85.7
85.8
85.985.10
	(a) Minnesota Family 
Investment Program 
(MFIP)/Diversionary Work 
Program (DWP)

85.11	Appropriations by Fund
	
85.12	General
	(19,361,000)
		
85.13	Federal TANF
	(8,893,000)

85.14	(b) MFIP Child Care Assistance
		(16,789,000)

85.15	(c) General Assistance
		(7,928,000)

85.16	(d) Minnesota Supplemental Aid
		(549,000)

85.17	(e) Housing Support
		(13,836,000)

85.18	(f) Northstar Care for Children
		(19,027,000)

85.19	(g) MinnesotaCare
		8,410,000
			
85.20 	This appropriation is from the health care 
85.21 	access fund.

85.22	(h) Medical Assistance

85.23	Appropriations by Fund
	
85.24	General
	(222,176,000)
		
85.25	Health Care Access
	-0-

85.26	(i) Alternative Care
		-0-

85.27
85.28	(j) Consolidated Chemical Dependency 
Treatment Fund (CCDTF) Entitlement
		(17,872,000)

85.29	Subd. 3.Technical Activities
 		(402,000)
			
85.30 	This appropriation is from the federal TANF 
85.31 	fund.

86.1 	Sec. 3. EFFECTIVE DATE.
 86.2 	Sections 1 and 2 are effective the day following final enactment.

86.3 	ARTICLE 7
86.4 	APPROPRIATIONS

86.5	Section 1. HEALTH AND HUMAN SERVICES APPROPRIATIONS.
 	
86.6 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
86.7 	and for the purposes specified in this article. The appropriations are from the general fund, 
86.8 	or another named fund, and are available for the fiscal years indicated for each purpose. 
86.9 	The figures "2020" and "2021" used in this article mean that the appropriations listed under 
86.10 	them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively. 
86.11 	"The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium" 
86.12 	is fiscal years 2020 and 2021.

86.13				APPROPRIATIONS
	
86.14				Available for the Year
	
86.15				Ending June 30
	
86.16					2020
		2021

86.17
86.18	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES
 	$
	8,039,269,000
	$
	8,076,725,000

86.19	Appropriations by Fund
	
86.20		2020
	2021
	
86.21	General
	7,249,360,000
	7,282,307,000
	
86.22
86.23	State Government 
Special Revenue
	4,299,000
	4,299,000
	
86.24	Health Care Access
	513,192,000
	516,231,000
	
86.25	Federal TANF
	270,522,000
	271,992,000
	
86.26	Lottery Prize
	1,896,000
	1,896,000
	
86.27 	(a) Office of Ombudsman for Long-Term 
86.28 	Care. $1,312,000 in fiscal year 2020 and 
86.29 	$1,501,000 in fiscal year 2021 are from the 
86.30 	general fund for nine additional regional 
86.31 	ombudsmen and one deputy director in the 
86.32 	Office of Ombudsman for Long-Term Care, 
87.1 	to perform the duties in Minnesota Statutes, 
87.2 	section 256.9742.
87.3 	(b) Transfer to Office of Legislative 
87.4 	Auditor. $300,000 in fiscal year 2020 and 
87.5 	$300,000 in fiscal year 2021 are from the 
87.6 	general fund for transfer to the Office of the 
87.7 	Legislative Auditor for audit activities under 
87.8 	Minnesota Statutes, section 3.972, subdivision 
87.9 	2b.
87.10 	(c) Transfer to Office of Legislative Auditor.
87.11 	$400,000 in fiscal year 2020 and $400,000 in 
87.12 	fiscal year 2021 are from the general fund for 
87.13 	transfer to the Office of the Legislative 
87.14 	Auditor for audit activities under Minnesota 
87.15 	Statutes, section 3.972, subdivision 2a.
87.16 	(d) Fetal Alcohol Spectrum Disorders 
87.17 	Grants. $250,000 in fiscal year 2020 and 
87.18 	$250,000 in fiscal year 2021 are from the 
87.19 	general fund for a grant under Minnesota 
87.20 	Statutes, section 254A.21, to a statewide 
87.21 	organization that focuses solely on prevention 
87.22 	of and intervention with fetal alcohol spectrum 
87.23 	disorders.

87.24	Sec. 3. COMMISSIONER OF HEALTH
 	$
	222,424,000
	$
	225,132,000

87.25	Appropriations by Fund
	
87.26		2020
	2021
	
87.27	General
	155,213,000
	155,946,000
	
87.28
87.29	State Government 
Special Revenue
	56,290,000
	58,252,000
	
87.30	Health Care Access
	(792,000)
	(779,000)
	
87.31	Federal TANF
	11,713,000
	11,713,000
	
87.32 	(a) Perinatal Hospice Grants. $500,000 in 
87.33 	fiscal year 2020 is from the general fund for 
87.34 	perinatal hospice development, training, and 
87.35 	awareness grants. Eligible entities may apply 
88.1 	for multiple grants. This is a onetime 
88.2 	appropriation and is available until June 30, 
88.3 	2023.
88.4 	(b) Public Health Laboratory Equipment.
88.5 	$840,000 in fiscal year 2020 and $655,000 in 
88.6 	fiscal year 2021 are from the general fund for 
88.7 	equipment for the public health laboratory. 
88.8 	This is a onetime appropriation and is 
88.9 	available until June 30, 2023.
88.10 	(c) Statewide Tobacco Cessation. $1,598,000 
88.11 	in fiscal year 2020 and $2,748,000 in fiscal 
88.12 	year 2021 are from the general fund for 
88.13 	statewide tobacco cessation services under 
88.14 	Minnesota Statutes, section 144.397. The base 
88.15 	for this appropriation is $2,878,000 in fiscal 
88.16 	year 2022 and $2,878,000 in fiscal year 2023.
88.17 	(d) Safe Harbor for Sexually Exploited 
88.18 	Youth. $470,000 in fiscal year 2020 and 
88.19 	$470,000 in fiscal year 2021 are from the 
88.20 	general fund for grants for comprehensive 
88.21 	services, including trauma-informed, culturally 
88.22 	specific services for sexually exploited youth 
88.23 	under Minnesota Statutes, section 145.4716.
88.24 	(e) Safe Harbor for Sexually Exploited 
88.25 	Youth Evaluation. $5,000 in fiscal year 2020 
88.26 	and $5,000 in fiscal year 2021 are from the 
88.27 	general fund to the commissioner of health for 
88.28 	evaluation activities under Minnesota Statutes, 
88.29 	section 145.4718. The base appropriation 
88.30 	includes $45,000 in fiscal year 2020 and 
88.31 	$45,000 in fiscal year 2021 for evaluation 
88.32 	activities under Minnesota Statutes, section 
88.33 	145.4718.
89.1 	(f) Safe Harbor for Sexually Exploited 
89.2 	Youth Training and Protocol 
89.3 	Implementation. $25,000 in fiscal year 2020 
89.4 	and $25,000 in fiscal year 2021 are  from the 
89.5 	general fund to the commissioner of health for 
89.6 	training and protocol implementation.
89.7 	(g) Study on Breastfeeding Disparities.
89.8 	$79,000 in fiscal year 2020 is from the general 
89.9 	fund for a study on breastfeeding disparities. 
89.10 	The commissioner shall engage community 
89.11 	stakeholders in Minnesota including but not 
89.12 	limited to the Minnesota Breastfeeding 
89.13 	Coalition; the women, infants, and children 
89.14 	program; hospitals and clinics; local public 
89.15 	health professionals and organizations; 
89.16 	community-based organizations; and 
89.17 	representatives of populations with low 
89.18 	breastfeeding rates to carry out a study 
89.19 	identifying barriers, challenges, and successes 
89.20 	affecting initiation, duration, and exclusivity 
89.21 	of breastfeeding. The study shall address 
89.22 	policy, systemic, and environmental factors 
89.23 	that support and create barriers to 
89.24 	breastfeeding. The study shall identify and 
89.25 	make recommendations regarding culturally 
89.26 	appropriate practices that have been shown to 
89.27 	increase breastfeeding rates in populations that 
89.28 	have the greatest breastfeeding disparity rates. 
89.29 	A report on the study must be completed and 
89.30 	submitted to the chairs and ranking minority 
89.31 	members of the legislative committees with 
89.32 	jurisdiction over health care policy and finance 
89.33 	on or before September 15, 2020. This is a 
89.34 	onetime appropriation.
90.1 	(h) Palliative Care Advisory Council.
90.2 	$44,000 in fiscal year 2020 and $44,000 in 
90.3 	fiscal year 2021 are from the general fund for 
90.4 	the Palliative Care Advisory Council under 
90.5 	Minnesota Statutes, section 144.059. This is 
90.6 	a onetime appropriation.
90.7 	(i) Study on the Increase in Abortions after 
90.8 	20 Weeks.  $42,000 in fiscal year 2020 is from 
90.9 	the general fund for an evaluation of the 
90.10 	increase in abortions occurring after the 
90.11 	gestational age of 20 weeks and the reasons 
90.12 	for the increase. The commissioner shall report 
90.13 	the findings to the chairs and ranking minority 
90.14 	members of the legislative committees with 
90.15 	jurisdiction over health care policy and finance 
90.16 	by February 15, 2020. This is a onetime 
90.17 	appropriation.
90.18 	(j) Positive Abortion Alternatives Grants.
90.19 	$336,000 in fiscal year 2020 and $336,000 in 
90.20 	fiscal year 2021 are from the general fund for 
90.21 	the positive abortion alternatives grants under 
90.22 	Minnesota Statutes, section 145.4235.

90.23	Sec. 4. HEALTH-RELATED BOARDS
 	$
	19,992,000
	$
	20,092,000
	
90.24 	$25,000 in fiscal year 2020 is appropriated 
90.25 	from the state government special revenue to 
90.26 	the Board of Pharmacy to implement the 
90.27 	random audits under Minnesota Statutes, 
90.28 	section 152.126, subdivision 6, paragraph (k). 
90.29 	This is a onetime appropriation.

90.30
90.31	Sec. 5. EMERGENCY MEDICAL SERVICES 
REGULATORY BOARD
 	$
	4,588,000
	$
	4,588,000
	
90.32 	Regional Emergency Medical Services 
90.33 	Programs. $985,000 in fiscal year 2020 and 
90.34 	$985,000 in fiscal year 2021 are to be 
90.35 	deposited in the emergency medical services 
91.1 	system fund and distributed by the Emergency 
91.2 	Medical Services Regulatory Board according 
91.3 	to Minnesota Statutes, section 144E.50.

91.4	Sec. 6. COUNCIL ON DISABILITY
 	$
	858,000
	$
	860,000

91.5
91.6
91.7	Sec. 7. OMBUDSMAN FOR MENTAL 
HEALTH AND DEVELOPMENTAL 
DISABILITIES
 	$
	2,438,000
	$
	2,438,000

91.8	Sec. 8. OMBUDSPERSONS FOR FAMILIES
 	$
	467,000
	$
	467,000

91.991.10
	Sec. 9. COMMISSIONER OF MANAGEMENT 
AND BUDGET
 	$
	498,000
	$
	498,000
	
91.11 	(a) By June 30, 2019, the commissioner shall 
91.12 	transfer $399,000,000 from the general fund 
91.13 	to the health care access fund. This is a 
91.14 	onetime transfer.
91.15 	(b) By June 30, 2020, the commissioner shall 
91.16 	transfer $236,580,000 from the general fund 
91.17 	to the health care access fund. This is a 
91.18 	onetime transfer.
91.19 	(c) By June 30, 2022, the commissioner shall 
91.20 	transfer $47,451,000 from the general fund to 
91.21 	the health care access fund. This is a onetime 
91.22 	transfer.
91.23 	(d) Proven-Effective Practices Evaluation 
91.24 	Activities. $498,000 in fiscal year 2020 and 
91.25 	$498,000 in fiscal year 2021 are from the 
91.26 	general fund for evaluation activities under 
91.27 	article ..., section ....

91.28 	Sec. 10. TRANSFERS.
 91.29 		Subdivision 1.Forecasted programs. The commissioner of human services, with the 
91.30 	approval of the commissioner of management and budget, may transfer unencumbered 
91.31 	appropriation balances for the biennium ending June 30, 2021, within fiscal years among 
91.32 	the MFIP, general assistance, medical assistance, MinnesotaCare, MFIP child care assistance 
91.33 	under Minnesota Statutes, section 119B.05, Minnesota supplemental aid program, housing 
91.34 	support, the entitlement portion of Northstar Care for Children under Minnesota Statutes, 
92.1 	chapter 256N, and the entitlement portion of the chemical dependency consolidated treatment 
92.2 	fund, and between fiscal years of the biennium. The commissioner shall inform the chairs 
92.3 	and ranking minority members of the senate Health and Human Services Finance Committee 
92.4 	and the house of representatives Health and Human Services Finance Committee quarterly 
92.5 	about transfers made under this subdivision.
92.6 		Subd. 2.Administration. Positions, salary money, and nonsalary administrative money 
92.7 	may be transferred within the Departments of Health and Human Services only to set up 
92.8 	and maintain accounting and budget systems with the advance approval of the commissioner 
92.9 	of management and budget. The commissioner shall inform the chairs and ranking minority 
92.10 	members of the senate Health and Human Services Finance Committee and the house of 
92.11 	representatives Health and Human Services Finance Committee quarterly about the transfers 
92.12 	made under this subdivision.

APPENDIX 

Repealed Minnesota Statutes: S2452-1 

16A.724 HEALTH CARE ACCESS FUND.Subd. 2.Transfers. 
(a) Notwithstanding section 295.581, to the extent available resources in the health care access fund exceed expenditures in that fund, effective for the biennium beginning July 1, 2007, the commissioner of management and budget shall transfer the excess funds from the health care access fund to the general fund on June 30 of each year, provided that the amount transferred in fiscal year 2016 shall not exceed $48,000,000, the amount in fiscal year 2017 shall not exceed $122,000,000, and the amount in any fiscal biennium thereafter shall not exceed $244,000,000. The purpose of this transfer is to meet the rate increase required under Laws 2003, First Special Session chapter 14, article 13C, section 2, subdivision 6. 

(b) For fiscal years 2006 to 2011, MinnesotaCare shall be a forecasted program, and, if necessary, the commissioner shall reduce these transfers from the health care access fund to the general fund to meet annual MinnesotaCare expenditures or, if necessary, transfer sufficient funds from the general fund to the health care access fund to meet annual MinnesotaCare expenditures. 

144.1464 SUMMER HEALTH CARE INTERNS.Subdivision 1.Summer internships. 
The commissioner of health, through a contract with a nonprofit organization as required by subdivision 4, shall award grants, within available appropriations, to hospitals, clinics, nursing facilities, and home care providers to establish a secondary and postsecondary summer health care intern program. The purpose of the program is to expose interested secondary and postsecondary pupils to various careers within the health care profession. 

Subd. 2.Criteria. 
(a) The commissioner, through the organization under contract, shall award grants to hospitals, clinics, nursing facilities, and home care providers that agree to: 

(1) provide secondary and postsecondary summer health care interns with formal exposure to the health care profession; 

(2) provide an orientation for the secondary and postsecondary summer health care interns; 

(3) pay one-half the costs of employing the secondary and postsecondary summer health care intern; 

(4) interview and hire secondary and postsecondary pupils for a minimum of six weeks and a maximum of 12 weeks; and 

(5) employ at least one secondary student for each postsecondary student employed, to the extent that there are sufficient qualifying secondary student applicants. 

(b) In order to be eligible to be hired as a secondary summer health intern by a hospital, clinic, nursing facility, or home care provider, a pupil must: 

(1) intend to complete high school graduation requirements and be between the junior and senior year of high school; and 

(2) be from a school district in proximity to the facility. 

(c) In order to be eligible to be hired as a postsecondary summer health care intern by a hospital or clinic, a pupil must: 

(1) intend to complete a health care training program or a two-year or four-year degree program and be planning on enrolling in or be enrolled in that training program or degree program; and 

(2) be enrolled in a Minnesota educational institution or be a resident of the state of Minnesota; priority must be given to applicants from a school district or an educational institution in proximity to the facility. 

(d) Hospitals, clinics, nursing facilities, and home care providers awarded grants may employ pupils as secondary and postsecondary summer health care interns beginning on or after June 15, 1993, if they agree to pay the intern, during the period before disbursement of state grant money, with money designated as the facility's 50 percent contribution towards internship costs. 

Subd. 3.Grants. 
The commissioner, through the organization under contract, shall award separate grants to hospitals, clinics, nursing facilities, and home care providers meeting the requirements of subdivision 2. The grants must be used to pay one-half of the costs of employing secondary and postsecondary pupils in a hospital, clinic, nursing facility, or home care setting during the course of the program. No more than 50 percent of the participants may be postsecondary students, unless the program does not receive enough qualified secondary applicants per fiscal year. No more than five pupils may be selected from any secondary or postsecondary institution to participate in the program and no more than one-half of the number of pupils selected may be from the seven-county metropolitan area. 

Subd. 4.Contract. 
The commissioner shall contract with a statewide, nonprofit organization representing facilities at which secondary and postsecondary summer health care interns will serve, to administer the grant program established by this section. Grant funds that are not used in one fiscal year may be carried over to the next fiscal year. The organization awarded the grant shall provide the commissioner with any information needed by the commissioner to evaluate the program, in the form and at the times specified by the commissioner. 

144.1911 INTERNATIONAL MEDICAL GRADUATES ASSISTANCE PROGRAM.Subdivision 1.Establishment. 
The international medical graduates assistance program is established to address barriers to practice and facilitate pathways to assist immigrant international medical graduates to integrate into the Minnesota health care delivery system, with the goal of increasing access to primary care in rural and underserved areas of the state. 

Subd. 2.Definitions. 
(a) For the purposes of this section, the following terms have the meanings given. 

(b) "Commissioner" means the commissioner of health. 

(c) "Immigrant international medical graduate" means an international medical graduate who was born outside the United States, now resides permanently in the United States, and who did not enter the United States on a J1 or similar nonimmigrant visa following acceptance into a United States medical residency or fellowship program. 

(d) "International medical graduate" means a physician who received a basic medical degree or qualification from a medical school located outside the United States and Canada. 

(e) "Minnesota immigrant international medical graduate" means an immigrant international medical graduate who has lived in Minnesota for at least two years. 

(f) "Rural community" means a statutory and home rule charter city or township that is outside the seven-county metropolitan area as defined in section 473.121, subdivision 2, excluding the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud. 

(g) "Underserved community" means a Minnesota area or population included in the list of designated primary medical care health professional shortage areas, medically underserved areas, or medically underserved populations (MUPs) maintained and updated by the United States Department of Health and Human Services. 

Subd. 3.Program administration. 
In administering the international medical graduates assistance program, the commissioner shall: 

(1) provide overall coordination for the planning, development, and implementation of a comprehensive system for integrating qualified immigrant international medical graduates into the Minnesota health care delivery system, particularly those willing to serve in rural or underserved communities of the state; 

(2) develop and maintain, in partnership with community organizations working with international medical graduates, a voluntary roster of immigrant international medical graduates interested in entering the Minnesota health workforce to assist in planning and program administration, including making available summary reports that show the aggregate number and distribution, by geography and specialty, of immigrant international medical graduates in Minnesota; 

(3) work with graduate clinical medical training programs to address barriers faced by immigrant international medical graduates in securing residency positions in Minnesota, including the requirement that applicants for residency positions be recent graduates of medical school. The annual report required in subdivision 10 shall include any progress in addressing these barriers; 

(4) develop a system to assess and certify the clinical readiness of eligible immigrant international medical graduates to serve in a residency program. The system shall include assessment methods, an operating plan, and a budget. Initially, the commissioner may develop assessments for clinical readiness for practice of one or more primary care specialties, and shall add additional assessments as resources are available. The commissioner may contract with an independent entity or another state agency to conduct the assessments. In order to be assessed for clinical readiness for residency, an eligible international medical graduate must have obtained a certification from the Educational Commission of Foreign Medical Graduates. The commissioner shall issue a Minnesota certificate of clinical readiness for residency to those who pass the assessment; 

(5) explore and facilitate more streamlined pathways for immigrant international medical graduates to serve in nonphysician professions in the Minnesota workforce; and 

(6) study, in consultation with the Board of Medical Practice and other stakeholders, changes necessary in health professional licensure and regulation to ensure full utilization of immigrant international medical graduates in the Minnesota health care delivery system. The commissioner shall include recommendations in the annual report required under subdivision 10, due January 15, 2017. 

Subd. 4.Career guidance and support services. 
(a) The commissioner shall award grants to eligible nonprofit organizations to provide career guidance and support services to immigrant international medical graduates seeking to enter the Minnesota health workforce. Eligible grant activities include the following: 

(1) educational and career navigation, including information on training and licensing requirements for physician and nonphysician health care professions, and guidance in determining which pathway is best suited for an individual international medical graduate based on the graduate's skills, experience, resources, and interests; 

(2) support in becoming proficient in medical English; 

(3) support in becoming proficient in the use of information technology, including computer skills and use of electronic health record technology; 

(4) support for increasing knowledge of and familiarity with the United States health care system; 

(5) support for other foundational skills identified by the commissioner; 

(6) support for immigrant international medical graduates in becoming certified by the Educational Commission on Foreign Medical Graduates, including help with preparation for required licensing examinations and financial assistance for fees; and 

(7) assistance to international medical graduates in registering with the program's Minnesota international medical graduate roster. 

(b) The commissioner shall award the initial grants under this subdivision by December 31, 2015. 

Subd. 5.Clinical preparation. 
(a) The commissioner shall award grants to support clinical preparation for Minnesota international medical graduates needing additional clinical preparation or experience to qualify for residency. The grant program shall include: 

(1) proposed training curricula; 

(2) associated policies and procedures for clinical training sites, which must be part of existing clinical medical education programs in Minnesota; and 

(3) monthly stipends for international medical graduate participants. Priority shall be given to primary care sites in rural or underserved areas of the state, and international medical graduate participants must commit to serving at least five years in a rural or underserved community of the state. 

(b) The policies and procedures for the clinical preparation grants must be developed by December 31, 2015, including an implementation schedule that begins awarding grants to clinical preparation programs beginning in June of 2016. 

Subd. 6.International medical graduate primary care residency grant program and revolving account. 
(a) The commissioner shall award grants to support primary care residency positions designated for Minnesota immigrant physicians who are willing to serve in rural or underserved areas of the state. No grant shall exceed $150,000 per residency position per year. Eligible primary care residency grant recipients include accredited family medicine, internal medicine, obstetrics and gynecology, psychiatry, and pediatric residency programs. Eligible primary care residency programs shall apply to the commissioner. Applications must include the number of anticipated residents to be funded using grant funds and a budget. Notwithstanding any law to the contrary, funds awarded to grantees in a grant agreement do not lapse until the grant agreement expires. Before any funds are distributed, a grant recipient shall provide the commissioner with the following: 

(1) a copy of the signed contract between the primary care residency program and the participating international medical graduate; 

(2) certification that the participating international medical graduate has lived in Minnesota for at least two years and is certified by the Educational Commission on Foreign Medical Graduates. Residency programs may also require that participating international medical graduates hold a Minnesota certificate of clinical readiness for residency, once the certificates become available; and 

(3) verification that the participating international medical graduate has executed a participant agreement pursuant to paragraph (b). 

(b) Upon acceptance by a participating residency program, international medical graduates shall enter into an agreement with the commissioner to provide primary care for at least five years in a rural or underserved area of Minnesota after graduating from the residency program and make payments to the revolving international medical graduate residency account for five years beginning in their second year of postresidency employment. Participants shall pay $15,000 or ten percent of their annual compensation each year, whichever is less. 

(c) A revolving international medical graduate residency account is established as an account in the special revenue fund in the state treasury. The commissioner of management and budget shall credit to the account appropriations, payments, and transfers to the account. Earnings, such as interest, dividends, and any other earnings arising from fund assets, must be credited to the account. Funds in the account are appropriated annually to the commissioner to award grants and administer the grant program established in paragraph (a). Notwithstanding any law to the contrary, any funds deposited in the account do not expire. The commissioner may accept contributions to the account from private sector entities subject to the following provisions: 

(1) the contributing entity may not specify the recipient or recipients of any grant issued under this subdivision; 

(2) the commissioner shall make public the identity of any private contributor to the account, as well as the amount of the contribution provided; and 

(3) a contributing entity may not specify that the recipient or recipients of any funds use specific products or services, nor may the contributing entity imply that a contribution is an endorsement of any specific product or service. 

Subd. 7.Voluntary hospital programs. 
A hospital may establish residency programs for foreign-trained physicians to become candidates for licensure to practice medicine in the state of Minnesota. A hospital may partner with organizations, such as the New Americans Alliance for Development, to screen for and identify foreign-trained physicians eligible for a hospital's particular residency program. 

Subd. 8.Board of Medical Practice. 
Nothing in this section alters the authority of the Board of Medical Practice to regulate the practice of medicine. 

Subd. 9.Consultation with stakeholders. 
The commissioner shall administer the international medical graduates assistance program, including the grant programs described under subdivisions 4, 5, and 6, in consultation with representatives of the following sectors: 

(1) state agencies: 

(i) Board of Medical Practice; 

(ii) Office of Higher Education; and 

(iii) Department of Employment and Economic Development; 

(2) health care industry: 

(i) a health care employer in a rural or underserved area of Minnesota; 

(ii) a health plan company; 

(iii) the Minnesota Medical Association; 

(iv) licensed physicians experienced in working with international medical graduates; and 

(v) the Minnesota Academy of Physician Assistants; 

(3) community-based organizations: 

(i) organizations serving immigrant and refugee communities of Minnesota; 

(ii) organizations serving the international medical graduate community, such as the New Americans Alliance for Development and Women's Initiative for Self Empowerment; and 

(iii) the Minnesota Association of Community Health Centers; 

(4) higher education: 

(i) University of Minnesota; 

(ii) Mayo Clinic School of Health Professions; 

(iii) graduate medical education programs not located at the University of Minnesota or Mayo Clinic School of Health Professions; and 

(iv) Minnesota physician assistant education programs; and 

(5) two international medical graduates. 

Subd. 10.Report. 
The commissioner shall submit an annual report to the chairs and ranking minority members of the legislative committees with jurisdiction over health care and higher education on the progress of the integration of international medical graduates into the Minnesota health care delivery system. The report shall include recommendations on actions needed for continued progress integrating international medical graduates. The report shall be submitted by January 15 each year, beginning January 15, 2016. 

256B.0625 COVERED SERVICES.Subd. 31c.Preferred incontinence product program. 
The commissioner shall implement a preferred incontinence product program by July 1, 2018. The program shall require the commissioner to volume purchase incontinence products and related supplies in accordance with section 256B.04, subdivision 14. Medical assistance coverage for incontinence products and related supplies shall conform to the limitations established under the program.