HF 774

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/27/2017 11:39am

A bill for an act
relating to human services; modernizing and modifying certain provisions of the
Deaf and Hard-of-Hearing Services Act; appropriating money; requiring a report;
amending Minnesota Statutes 2016, sections 256C.23, subdivision 2, by adding
subdivisions; 256C.233, subdivisions 1, 2; 256C.24, subdivisions 1, 2; 256C.261;
repealing Minnesota Statutes 2016, sections 256C.23, subdivision 3; 256C.233,
subdivision 4; 256C.25, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 256C.23, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Culturally affirmative services. new text end

new text begin "Culturally affirmative services" means
services that are designed and delivered within the context of the culture, language, and life
experiences of a person who is deaf, a person who is deafblind, and a person who is
hard-of-hearing.
new text end

Sec. 2.

Minnesota Statutes 2016, section 256C.23, subdivision 2, is amended to read:

Subd. 2.

Deaf.

"Deaf" means a hearing loss of such severity that the individual must
depend primarily on visual communication such as new text begin American Sign Language or other signed
language, visual and manual means of communication such as signing systems in English
or Cued Speech, new text end writing, deleted text begin lip deleted text end new text begin speech new text end reading, deleted text begin manual communication, deleted text end and gestures.

Sec. 3.

Minnesota Statutes 2016, section 256C.23, is amended by adding a subdivision to
read:

new text begin Subd. 2c. new text end

new text begin Interpreting services. new text end

new text begin "Interpreting services" means services that include:
new text end

new text begin (1) interpreting between a spoken language, such as English, and a visual language, such
as American Sign Language;
new text end

new text begin (2) interpreting between a spoken language and a visual representation of a spoken
language, such as Cued Speech and signing systems in English;
new text end

new text begin (3) interpreting within one language where the interpreter uses natural gestures and
silently repeats the spoken message, replacing some words or phrases to give higher visibility
on the lips; and
new text end

new text begin (4) interpreting using low vision or tactile methods for people who have a combined
hearing and vision loss or are deafblind.
new text end

Sec. 4.

Minnesota Statutes 2016, section 256C.23, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Real-time captioning. new text end

new text begin "Real-time captioning" means a method of captioning
in which a caption is simultaneously prepared and displayed or transmitted at the time of
origination by specially trained real-time captioners.
new text end

Sec. 5.

Minnesota Statutes 2016, section 256C.233, subdivision 1, is amended to read:

Subdivision 1.

Deaf and Hard-of-Hearing Services Division.

The commissioners of
deleted text begin human services, deleted text end education, employment and economic development, and health shall deleted text begin create
a distinct and separate organizational unit to be known as deleted text end new text begin advise the commissioner of human
services on the activities of new text end the Deaf and Hard-of-Hearing Services Division deleted text begin to address deleted text end new text begin .
This division addresses new text end the developmental deleted text begin , deleted text end new text begin and new text end deleted text begin social deleted text end deleted text begin , educational, and occupational deleted text end
new text begin social-emotional new text end needs of new text begin persons who are new text end deaf, new text begin persons who are new text end deafblind, and new text begin persons
who are new text end hard-of-hearing deleted text begin persons deleted text end through a statewide network of deleted text begin collaborative deleted text end services and
deleted text begin by coordinating the promulgation of public policies, regulations, legislation, and programs
affecting deleted text end new text begin advocates on behalf of and provides information and training about how to best
serve persons who are new text end deaf, new text begin persons who are new text end deafblind, and new text begin persons who are new text end hard-of-hearing
deleted text begin persons deleted text end . deleted text begin An interdepartmental management team shall advise the activities of the Deaf and
Hard-of-Hearing Services Division. deleted text end The commissioner of human services shall coordinate
the work of the interagency deleted text begin management team deleted text end new text begin advisers new text end and receive legislative appropriations
for the division.

Sec. 6.

Minnesota Statutes 2016, section 256C.233, subdivision 2, is amended to read:

Subd. 2.

Responsibilities.

The Deaf and Hard-of-Hearing Services Division shall:

(1) establish and maintain a statewide network of regional deleted text begin service centers deleted text end new text begin culturally
affirmative services new text end for new text begin Minnesotans who are new text end deaf, new text begin Minnesotans who are new text end deafblind, and new text begin
Minnesotans who are new text end hard-of-hearing deleted text begin Minnesotans deleted text end ;

(2) deleted text begin assist deleted text end new text begin work across divisions within new text end the deleted text begin Departments deleted text end new text begin Department new text end of Human Services,
deleted text begin Education, and Employment and Economic Development to coordinate the promulgation
and implementation of public policies, regulations, legislation, programs, and services
affecting deleted text end new text begin as well as with other agencies and counties, to ensure that there is an understanding
of:
new text end

new text begin (i) the communication challenges faced by persons who are new text end deaf, new text begin persons who are new text end
deafblind, and new text begin persons who are new text end hard-of-hearing deleted text begin persons deleted text end new text begin ;
new text end

new text begin (ii) the best practices for accommodating and mitigating communication challenges;
and
new text end

new text begin (iii) the legal requirements for providing access to and effective communication with
persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing new text end ; deleted text begin and
deleted text end

(3) deleted text begin provide a coordinated system of deleted text end new text begin assess the supply and demand new text end statewide deleted text begin interpreting
or deleted text end new text begin for new text end interpreter deleted text begin referral deleted text end services deleted text begin . deleted text end new text begin and real-time captioning services, implement strategies
to provide greater access to these services in areas without sufficient supply, and build the
base of service providers across the state;
new text end

new text begin (4) maintain a statewide directory of certified interpreters;
new text end

new text begin (5) provide culturally affirmative psychiatric services in American Sign Language to
persons who are deaf and persons who are deafblind;
new text end

new text begin (6) research and develop best practices and recommendations for emerging issues;
new text end

new text begin (7) provide as much information as practicable on the division's Web site in American
Sign Language; and
new text end

new text begin (8) report to the chairs and ranking minority members of the legislative committees with
jurisdiction over human services biennially, beginning on January 1, 2019, on the following:
new text end

new text begin (i) the number of regional service center staff, the location of the office of each staff
person, other service providers with which they are co-located, the number of people served
by each staff person and a breakdown of whether each person was served on-site or off-site,
and for those served off-site, a list of locations where services were delivered and the number
who were served in-person and the number who were served via technology;
new text end

new text begin (ii) the amount and percentage of the division budget spent on accommodations for staff;
new text end

new text begin (iii) the number of people who use demonstration equipment and consumer evaluations
of the experience;
new text end

new text begin (iv) the number of training sessions provided by division staff, the topics covered, the
number of participants, and consumer evaluations, including a breakdown by delivery
method such as in-person or via technology;
new text end

new text begin (v) the number of training sessions hosted at a division location provided by another
service provider, the topics covered, the number of participants, and consumer evaluations,
including a breakdown by delivery method such as in-person or via technology;
new text end

new text begin (vi) for each grant awarded, the amount awarded to the grantee and a summary of the
grantee's results, including consumer evaluations of the services or products provided;
new text end

new text begin (vii) the number of people on waiting lists for any services provided by division staff
or for services or equipment funded through grants awarded by the division;
new text end

new text begin (viii) the amount of time staff spent driving to appointments in clients' homes to deliver
direct one-to-one client services in locations outside of the regional service centers; and
new text end

new text begin (ix) the amount spent on mileage reimbursement and the number of clients who received
mileage reimbursement for traveling to the regional service centers for services.
new text end

Sec. 7.

Minnesota Statutes 2016, section 256C.24, subdivision 1, is amended to read:

Subdivision 1.

Location.

The Deaf and Hard-of-Hearing Services Division shall establish
deleted text begin up to eight deleted text end new text begin at least six new text end regional service centers for new text begin persons who are new text end deaf and new text begin persons who
are new text end hard-of-hearing deleted text begin persons deleted text end . The centers shall be distributed regionally to provide access
for new text begin persons who are new text end deaf, new text begin persons who are new text end deafblind, and new text begin persons who are new text end hard-of-hearing
deleted text begin persons deleted text end in all parts of the state.

Sec. 8.

Minnesota Statutes 2016, section 256C.24, subdivision 2, is amended to read:

Subd. 2.

Responsibilities.

new text begin (a) new text end Each regional service center shall:

(1) deleted text begin serve as a central entry point for deleted text end new text begin establish connections and collaborations and explore
co-locating with other public and private entities providing services to persons who are new text end
deaf, new text begin persons who are new text end deafblind, and new text begin persons who are new text end hard-of-hearing deleted text begin persons in need of
services and make referrals to the services needed deleted text end new text begin in the region new text end ;

new text begin (2) for those in need of services, assist in coordinating services between service providers
and persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing,
and the persons' families, and make referrals to the services needed;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end employ staff trained to work with new text begin persons who are new text end deaf, new text begin persons who are new text end deafblind,
and new text begin persons who are new text end hard-of-hearing deleted text begin persons deleted text end ;

deleted text begin (3) deleted text end new text begin (4) if adequate services are not available from another public or private service
provider in the region, new text end provide deleted text begin to all deleted text end new text begin individual assistance to persons who are new text end deaf, new text begin persons
who are new text end deafblind, and new text begin persons who are new text end hard-of-hearing deleted text begin persons access to interpreter services
which are necessary to help them obtain services deleted text end new text begin , and the persons' families new text end ;

new text begin (5) identify regional training needs, work with deaf and hard-of-hearing services training
staff, and collaborate with others to deliver training for persons who are deaf, persons who
are deafblind, and persons who are hard-of-hearing, and the persons' families, and other
service providers about subjects including the persons' rights under the law, American Sign
Language, and the impact of hearing loss and options for accommodating it;
new text end

deleted text begin (4) implement a plan to provide loaned equipment and resource materials to deaf,
deafblind, and hard-of-hearing deleted text end new text begin (6) have a mobile or permanent lab where new text end persons new text begin who are
deaf, persons who are deafblind, and persons who are hard-of-hearing can try a selection
of modern assistive technology and equipment to determine what would best meet the
persons' needs new text end ;

deleted text begin (5) cooperate with responsible departments and administrative authorities to provide
access for deaf, deafblind, and hard-of-hearing persons to services provided by state, county,
and regional agencies;
deleted text end

deleted text begin (6) deleted text end new text begin (7) new text end collaborate with the deleted text begin Resource Center for the Deaf and Hard-of-Hearing Persons,
other divisions of the deleted text end Department of Education deleted text begin , deleted text end and local school districts to develop and
deliver programs and services for families with new text begin children who are new text end deaf, new text begin children who are
new text end deafblind, or new text begin children who are new text end hard-of-hearing deleted text begin children deleted text end and to support school personnel
serving these children;

deleted text begin (7) when possible, deleted text end new text begin (8) new text end provide training to the social service or income maintenance staff
employed by counties or by organizations with whom counties contract for services to
ensure that communication barriers which prevent new text begin persons who are new text end deaf, new text begin persons who are
new text end deafblind, and new text begin persons who are new text end hard-of-hearing deleted text begin persons deleted text end from using services are removed;

deleted text begin (8) when possible, deleted text end new text begin (9) new text end provide training to deleted text begin state and regional deleted text end human service agencies new text begin in
the region new text end regarding program access for new text begin persons who are new text end deaf, new text begin persons who are new text end deafblind,
and new text begin persons who are new text end hard-of-hearing deleted text begin persons deleted text end ; deleted text begin and
deleted text end

deleted text begin (9) deleted text end new text begin (10) new text end assess the ongoing need and supply of services for new text begin persons who are new text end deaf, new text begin persons
who are new text end deafblind, and new text begin persons who are new text end hard-of-hearing deleted text begin persons deleted text end in all parts of the state and
cooperate with public and private service providers to develop these services deleted text begin . deleted text end new text begin ;
new text end

new text begin (11) provide culturally affirmative mental health services in American Sign Language
to persons who are deaf and persons who are deafblind; and
new text end

new text begin (12) establish partnerships with state and regional entities in other regional centers so
that Minnesotans who live closer to the other regional centers can access assistance and
training via technology.
new text end

new text begin (b) Persons who are deaf, persons who are deafblind, and persons who are
hard-of-hearing, and the persons' family members who travel more than 50 miles round-trip
from the persons' home or work location to receive services at the regional service center
may be reimbursed for mileage at the reimbursement rate established by the Internal Revenue
Service.
new text end

Sec. 9.

Minnesota Statutes 2016, section 256C.261, is amended to read:

256C.261 SERVICES FOR new text begin PERSONS WHO ARE new text end DEAFBLIND deleted text begin PERSONS deleted text end .

(a) The commissioner of human services shall deleted text begin combine the existing biennial base level
funding for deafblind services into a single grant program. At least 35 percent of the total
funding is awarded for services and other supports to deafblind children and their families
and at least 25 percent is awarded for services and other supports to deafblind adults. deleted text end new text begin use
at least 35 percent of the deafblind services biennial base level grant funding for services
and other supports for a child who is deafblind and the child's family. The commissioner
shall use at least 25 percent of the deafblind services biennial base level grant funding for
services and other supports for an adult who is deafblind.
new text end

The commissioner shall award grants for the purposes of:

(1) providing services and supports to deleted text begin individuals deleted text end new text begin persons new text end who are deafblind; and

(2) developing and providing training to counties and the network of senior citizen
service providers. The purpose of the training grants is to teach counties how to use existing
programs that capture federal financial participation to meet the needs of eligible new text begin persons
who are new text end deafblind deleted text begin persons deleted text end and to build capacity of senior service programs to meet the
needs of seniors with a dual sensory hearing and vision loss.

(b) The commissioner may make grants:

(1) for services and training provided by organizations; and

(2) to develop and administer consumer-directed services.

new text begin (c) Consumer-directed services shall be provided in whole by grant-funded providers.
The deaf and hard-of-hearing regional service centers shall not provide any aspect of a
grant-funded consumer-directed services program.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Any entity that is able to satisfy the grant criteria is eligible to receive a grant
under paragraph (a).

deleted text begin (d) deleted text end new text begin (e) new text end Deafblind service providers may, but are not required to, provide intervenor
services as part of the service package provided with grant funds under this section.

Sec. 10. new text begin DIRECTION TO COMMISSIONER; TELECOMMUNICATION
EQUIPMENT PROGRAM.
new text end

new text begin The commissioner of human services shall work in consultation with the Commission
of Deaf, Deafblind, and Hard-of-Hearing Minnesotans to provide recommendations by
January 15, 2018, to the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over human services to modernize the
telecommunication equipment program. The recommendations must address:
new text end

new text begin (1) types of equipment and supports the program should provide to ensure people with
communication difficulties have equitable access to telecommunications services;
new text end

new text begin (2) additional services the program should provide such as education about technology
options that can improve a person's access to telecommunications service; and
new text end

new text begin (3) how the current program's service delivery structure might be improved to better
meet the needs of people with communication disabilities.
new text end

new text begin The commissioner shall also provide draft legislative language to accomplish the
recommendations.
new text end

Sec. 11. new text begin DIRECTION TO COMMISSIONER; BILLING FOR MENTAL HEALTH
SERVICES.
new text end

new text begin By January 1, 2018, the commissioner of human services shall report to the chairs and
ranking minority members of the house of representatives and senate committees with
jurisdiction over deaf and hard-of-hearing services on the potential costs and benefits of the
Deaf and Hard-of-Hearing Services Division billing for the cost of providing mental health
services.
new text end

Sec. 12. new text begin APPROPRIATIONS; DEAF AND HARD-OF-HEARING SERVICES.
new text end

new text begin (a) $800,000 in fiscal year 2018 and $800,000 in fiscal year 2019 are appropriated from
the general fund to the commissioner of human services for the purposes of the Deaf and
Hard-of-Hearing Division under Minnesota Statutes, section 256C.233. Twenty percent of
this appropriation must be used for technology improvements, technology support, and
training for staff on the use of technology. This appropriation is added to the base.
new text end

new text begin (b) $700,000 in fiscal year 2018 and $700,000 in fiscal year 2019 are appropriated from
the general fund to the commissioner of human services for the purposes of deaf and
hard-of-hearing grants. The funds must be used to provide services to Minnesotans who are
deafblind under Minnesota Statutes, section 256C.261, and to provide linguistically and
culturally appropriate mental health services to children who are deaf, children who are
deafblind, and children who are hard-of-hearing. Of this appropriation, $103,000 in each
year is to increase the grant to provide mentors who have hearing loss to parents of infants
and children with newly identified hearing loss. Each year the division must provide funds
for training in ProTactile American Sign Language or other communication systems used
by people who are deafblind. Training shall be provided to persons who are deafblind and
to interpreters, support service providers, and intervenors who work with persons who are
deafblind. This appropriation is added to the base.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 256C.23, subdivision 3; 256C.233, subdivision 4;
and 256C.25, subdivisions 1 and 2, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H0774-1

256C.23 DEFINITIONS.

Subd. 3.

Regional service center.

"Regional service center" means a facility designed to provide an entry point for deaf, deafblind, and hard-of-hearing persons of that region in need of education, employment, social, human, or other services.

256C.233 DUTIES OF STATE AGENCIES.

Subd. 4.

State commissioners.

The commissioners of all state agencies shall consult with the Deaf and Hard-of-Hearing Services Division concerning the promulgation of public policies, regulations, and programs necessary to address the needs of deaf, deafblind, and hard-of-hearing Minnesotans. Each state agency shall consult with the Deaf and Hard-of-Hearing Services Division concerning the need to forward legislative initiatives to the governor to address the concerns of deaf, deafblind, and hard-of-hearing Minnesotans.

256C.25 INTERPRETER SERVICES.

Subdivision 1.

Establishment.

The Deaf and Hard-of-Hearing Services Division shall maintain and coordinate statewide interpreting or interpreter referral services for use by any public or private agency or individual in the state. The division shall directly coordinate these services but may contract with an appropriate agency to provide this service. The division may collect a $3 fee per referral for interpreter referral services and the actual costs of interpreter services provided by department staff. Fees and payments collected shall be deposited in the general fund. The $3 referral fee shall not be collected from state agencies or local units of government or deaf or hard-of-hearing consumers or interpreters.

Subd. 2.

Duties.

Interpreting or interpreter referral services must include:

(1) statewide access to interpreter referral and direct interpreting services, coordinated with the regional service centers;

(2) maintenance of a statewide directory of qualified interpreters;

(3) assessment of the present and projected supply and demand for interpreter services statewide; and

(4) coordination with the regional service centers on projects to train interpreters and advocate for and evaluate interpreter services.