HF 1138

as introduced - 87th Legislature (2011 - 2012) Posted on 03/16/2011 09:36am

A bill for an act
relating to human services; requiring a conference in case management and
personal care assistance appeals; amending Minnesota Statutes 2010, section
256.045, subdivision 4a.

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

Section 1.

Minnesota Statutes 2010, section 256.045, subdivision 4a, is amended to
read:

Subd. 4a.

Case management appeals.

new text begin (a) new text end Any recipient of case management
services pursuant to section new text begin 256B.0625 or new text end 256B.092, new text begin or personal care assistance services
under section 256B.0625, new text end who contests the county agency's action new text begin , reduction, suspension,
denial, or termination of services, new text end or failure to act in the provision of those services, other
than a failure to act with reasonable promptness deleted text begin or a suspension, reduction, denial, or
termination of services deleted text end , must submit a written request for a deleted text begin conciliation deleted text end conference new text begin with
the recipient's case worker and the county social service director or designee new text end to the county
agency. The county agency shall inform the commissioner of the receipt of a request
when it is submitted and shall schedule a deleted text begin conciliation deleted text end conference new text begin within ten days of
receipt of the recipient's written request new text end . The county agency shall notify the recipient, the
commissioner, and all interested persons of the time, date, and location of the deleted text begin conciliation deleted text end
conference. deleted text begin The commissioner may assist the county by providing mediation services or
by identifying other resources that may assist in the mediation between the parties. deleted text end Within
deleted text begin 30 deleted text end new text begin 15 new text end days new text begin of the conference new text end , the county agency shall deleted text begin conduct the conciliation conference
and deleted text end inform the recipient in writing of the action the county agency is going to take and
when that action will be taken and notify the recipient of the right to a hearing under this
subdivision. deleted text begin The conciliation conference shall be conducted in a manner consistent with
the commissioner's instructions. deleted text end

new text begin (b) new text end If the county fails to conduct the deleted text begin conciliation deleted text end conference and issue its report
within 30 days, or, at any time up to 90 days after the deleted text begin conciliation deleted text end conference is held,
a recipient may submit to the commissioner a written request for a hearing before a
state human services referee to determine whether case management services have been
provided in accordance with applicable laws and rules or whether the county agency has
assured that the services identified in the recipient's individual service plan have been
delivered in accordance with the laws and rules governing the provision of those services.
The state human services referee shall recommend an order to the commissioner, who
shall, in accordance with the procedure in subdivision 5, issue a final order within 60 days
of the receipt of the request for a hearing, unless the commissioner refuses to accept the
recommended order, in which event a final order shall issue within 90 days of the receipt
of that request. The order may direct the county agency to take those actions necessary to
comply with applicable laws or rules. The commissioner may issue a temporary order
prohibiting the demission of a recipient of case management services from a residential
or day habilitation program licensed under chapter 245A, while a county agency review
process or an appeal brought by a recipient under this subdivision is pending, or for the
period of time necessary for the county agency to implement the commissioner's order.
The commissioner shall not issue a final order staying the demission of a recipient of
case management services from a residential or day habilitation program licensed under
chapter 245A.

new text begin (c) Any recipient of case management services under section 256B.0625 or
256B.092, or personal care assistance services under section 256B.0625, must be informed
in writing at the time of application and at the time of any change in services of the
recipient's right to submit a written request to the county agency for a conference with
the case manager and the county social service director.
new text end