HF 1074

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to government data; classifying certain
licensing data as public; amending Minnesota Statutes
2004, section 13.46, subdivision 4.

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

Section 1.

Minnesota Statutes 2004, section 13.46,
subdivision 4, is amended to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" means all data collected, maintained,
used, or disseminated by the welfare system pertaining to
persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under
the authority of the commissioner of human services;

(2) "client" means a person who is receiving services from
a licensee or from an applicant for licensure; and

(3) "personal and personal financial data" means Social
Security numbers, identity of and letters of reference,
insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home
studies.

(b)(1) Except as provided in paragraph (c), the following
data on current and former licensees are public: name, address,
telephone number of licensees, date of receipt of a completed
application, dates of licensure, licensed capacity, type of
client preferred, variances granted, type of dwelling, name and
relationship of other family members, previous license history,
class of license, deleted text begin and deleted text end the existence and status of complaints new text begin ,
and the number of serious injuries to or deaths of individuals
in the licensed program as reported to the commissioner of human
services, the local social services agency, or any other county
welfare agency. For purposes of this clause, a serious injury
is one that is treated by a physician new text end . When a correction order
or fine has been issued, a license is suspended, immediately
suspended, revoked, denied, or made conditional, or a complaint
is resolved, the following data on current and former licensees
are public: the substance and investigative findings of the
complaint, licensing violation, or substantiated maltreatment;
the record of informal resolution of a licensing violation;
orders of hearing; findings of fact; conclusions of law;
specifications of the final correction order, fine, suspension,
immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; and the status of
any appeal of these actions. deleted text begin When an individual licensee is a
substantiated perpetrator of maltreatment, and the substantiated
maltreatment is a reason for the licensing action, the identity
of the licensee as a perpetrator is public data. For purposes
of this clause, a person is a substantiated perpetrator if the
maltreatment determination has been upheld under section
626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045,
or an individual or facility has not timely exercised appeal
rights under these sections.
deleted text end

new text begin (2) When any person subject to disqualification under
section 245C.14 in connection with a license to provide family
day care for children, child care center services, foster care
for children in the provider's home, or foster care or day care
services for adults in the provider's home is a substantiated
perpetrator of maltreatment, and the substantiated maltreatment
is a reason for a licensing action, the identity of the
substantiated perpetrator of maltreatment is public data. For
purposes of this clause, a person is a substantiated perpetrator
if the maltreatment determination has been upheld under section
256.045; 626.556, subdivision 10i; or 626.557, subdivision 9d,
or if an individual or facility has not timely exercised appeal
rights under these sections.
new text end

deleted text begin (2) deleted text end new text begin (3) new text end For applicants who withdraw their application prior
to licensure or denial of a license, the following data are
public: the name of the applicant, the city and county in which
the applicant was seeking licensure, the dates of the
commissioner's receipt of the initial application and completed
application, the type of license sought, and the date of
withdrawal of the application.

deleted text begin (3) deleted text end new text begin (4) new text end For applicants who are denied a license, the
following data are public: the name of the applicant, the city
and county in which the applicant was seeking licensure, the
dates of the commissioner's receipt of the initial application
and completed application, the type of license sought, the date
of denial of the application, the nature of the basis for the
denial, and the status of any appeal of the denial.

deleted text begin (4) deleted text end new text begin (5) new text end The following data on persons subject to
disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care
center services, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home, are public: the nature of any disqualification
set aside under section 245C.22, subdivisions 2 and 4, and the
reasons for setting aside the disqualification; new text begin the nature of
any disqualification for which a variance was granted under
sections 245A.04, subdivision 9; and 245C.30, new text end and the reasons
for granting any variance under section 245A.04, subdivision 9 new text begin ;
and, if applicable, the disclosure that any person subject to a
background study under section 245C.03, subdivision 1, has
successfully passed a background study new text end .

deleted text begin (5) deleted text end new text begin (6) new text end When maltreatment is substantiated under section
626.556 or 626.557 and the victim and the substantiated
perpetrator are affiliated with a program licensed under chapter
245A, the commissioner of human services, local social services
agency, or county welfare agency may inform the license holder
where the maltreatment occurred of the identity of the
substantiated perpetrator and the victim.

(c) The following are private data on individuals under
section 13.02, subdivision 12, or nonpublic data under section
13.02, subdivision 9: personal and personal financial data on
family day care program and family foster care program
applicants and licensees and their family members who provide
services under the license.

(d) The following are private data on individuals: the
identity of persons who have made reports concerning licensees
or applicants that appear in inactive investigative data, and
the records of clients or employees of the licensee or applicant
for licensure whose records are received by the licensing agency
for purposes of review or in anticipation of a contested
matter. The names of reporters under sections 626.556 and
626.557 may be disclosed only as provided in section 626.556,
subdivision 11, or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or
protected nonpublic under this subdivision become public data if
submitted to a court or administrative law judge as part of a
disciplinary proceeding in which there is a public hearing
concerning a license which has been suspended, immediately
suspended, revoked, or denied.

(f) Data generated in the course of licensing
investigations that relate to an alleged violation of law are
investigative data under subdivision 3.

(g) Data that are not public data collected, maintained,
used, or disseminated under this subdivision that relate to or
are derived from a report as defined in section 626.556,
subdivision 2, or 626.5572, subdivision 18, are subject to the
destruction provisions of sections 626.556, subdivision 11c, and
626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained,
used, or disseminated under this subdivision that relate to or
are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the
Department of Health for purposes of completing background
studies pursuant to section 144.057 and with the Department of
Corrections for purposes of completing background studies
pursuant to section 241.021.

(i) Data on individuals collected according to licensing
activities under chapters 245A and 245C, and data on individuals
collected by the commissioner of human services according to
maltreatment investigations under sections 626.556 and 626.557,
may be shared with the Department of Human Rights, the
Department of Health, the Department of Corrections, the
Ombudsman for Mental Health and Retardation, and the
individual's professional regulatory board when there is reason
to believe that laws or standards under the jurisdiction of
those agencies may have been violated.

(j) In addition to the notice of determinations required
under section 626.556, subdivision 10f, if the commissioner or
the local social services agency has determined that an
individual is a substantiated perpetrator of maltreatment of a
child based on sexual abuse, as defined in section 626.556,
subdivision 2, and the commissioner or local social services
agency knows that the individual is a person responsible for a
child's care in another facility, the commissioner or local
social services agency shall notify the head of that facility of
this determination. The notification must include an
explanation of the individual's available appeal rights and the
status of any appeal. If a notice is given under this
paragraph, the government entity making the notification shall
provide a copy of the notice to the individual who is the
subject of the notice.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day after final enactment.
new text end