HF 1147

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; modifying provisions relating 
  1.3             to medical assistance reimbursement for special 
  1.4             education services; amending Minnesota Statutes 1998, 
  1.5             sections 13.46, subdivision 2; 122A.09, subdivision 4; 
  1.6             125A.08; 125A.21, subdivision 1; 125A.74, subdivisions 
  1.7             1 and 2; 125A.744, subdivision 3; 125A.76, subdivision 
  1.8             2; 256B.0625, subdivision 26; and 256B.69, subdivision 
  1.9             4; proposing coding for new law in Minnesota Statutes, 
  1.10            chapters 127A; and 214. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 13.46, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  1.15  a statute specifically provides a different classification, data 
  1.16  on individuals collected, maintained, used, or disseminated by 
  1.17  the welfare system is private data on individuals, and shall not 
  1.18  be disclosed except:  
  1.19     (1) according to section 13.05; 
  1.20     (2) according to court order; 
  1.21     (3) according to a statute specifically authorizing access 
  1.22  to the private data; 
  1.23     (4) to an agent of the welfare system, including a law 
  1.24  enforcement person, attorney, or investigator acting for it in 
  1.25  the investigation or prosecution of a criminal or civil 
  1.26  proceeding relating to the administration of a program; 
  1.27     (5) to personnel of the welfare system who require the data 
  1.28  to determine eligibility, amount of assistance, and the need to 
  2.1   provide services of additional programs to the individual; 
  2.2      (6) to administer federal funds or programs; 
  2.3      (7) between personnel of the welfare system working in the 
  2.4   same program; 
  2.5      (8) the amounts of cash public assistance and relief paid 
  2.6   to welfare recipients in this state, including their names, 
  2.7   social security numbers, income, addresses, and other data as 
  2.8   required, upon request by the department of revenue to 
  2.9   administer the property tax refund law, supplemental housing 
  2.10  allowance, early refund of refundable tax credits, and the 
  2.11  income tax.  "Refundable tax credits" means the dependent care 
  2.12  credit under section 290.067, the Minnesota working family 
  2.13  credit under section 290.0671, the property tax refund under 
  2.14  section 290A.04, and, if the required federal waiver or waivers 
  2.15  are granted, the federal earned income tax credit under section 
  2.16  32 of the Internal Revenue Code; 
  2.17     (9) between the department of human services and the 
  2.18  Minnesota department of economic security for the purpose of 
  2.19  monitoring the eligibility of the data subject for reemployment 
  2.20  insurance, for any employment or training program administered, 
  2.21  supervised, or certified by that agency, for the purpose of 
  2.22  administering any rehabilitation program, whether alone or in 
  2.23  conjunction with the welfare system, or to monitor and evaluate 
  2.24  the statewide Minnesota family investment program by exchanging 
  2.25  data on recipients and former recipients of food stamps, cash 
  2.26  assistance under chapter 256, 256D, 256J, or 256K, child care 
  2.27  assistance under chapter 119B, or medical programs under chapter 
  2.28  256B, 256D, or 256L; 
  2.29     (10) to appropriate parties in connection with an emergency 
  2.30  if knowledge of the information is necessary to protect the 
  2.31  health or safety of the individual or other individuals or 
  2.32  persons; 
  2.33     (11) data maintained by residential programs as defined in 
  2.34  section 245A.02 may be disclosed to the protection and advocacy 
  2.35  system established in this state according to Part C of Public 
  2.36  Law Number 98-527 to protect the legal and human rights of 
  3.1   persons with mental retardation or other related conditions who 
  3.2   live in residential facilities for these persons if the 
  3.3   protection and advocacy system receives a complaint by or on 
  3.4   behalf of that person and the person does not have a legal 
  3.5   guardian or the state or a designee of the state is the legal 
  3.6   guardian of the person; 
  3.7      (12) to the county medical examiner or the county coroner 
  3.8   for identifying or locating relatives or friends of a deceased 
  3.9   person; 
  3.10     (13) data on a child support obligor who makes payments to 
  3.11  the public agency may be disclosed to the higher education 
  3.12  services office to the extent necessary to determine eligibility 
  3.13  under section 136A.121, subdivision 2, clause (5); 
  3.14     (14) participant social security numbers and names 
  3.15  collected by the telephone assistance program may be disclosed 
  3.16  to the department of revenue to conduct an electronic data match 
  3.17  with the property tax refund database to determine eligibility 
  3.18  under section 237.70, subdivision 4a; 
  3.19     (15) the current address of a recipient of aid to families 
  3.20  with dependent children or Minnesota family investment 
  3.21  program-statewide may be disclosed to law enforcement officers 
  3.22  who provide the name of the recipient and notify the agency that:
  3.23     (i) the recipient: 
  3.24     (A) is a fugitive felon fleeing to avoid prosecution, or 
  3.25  custody or confinement after conviction, for a crime or attempt 
  3.26  to commit a crime that is a felony under the laws of the 
  3.27  jurisdiction from which the individual is fleeing; or 
  3.28     (B) is violating a condition of probation or parole imposed 
  3.29  under state or federal law; 
  3.30     (ii) the location or apprehension of the felon is within 
  3.31  the law enforcement officer's official duties; and 
  3.32     (iii)  the request is made in writing and in the proper 
  3.33  exercise of those duties; 
  3.34     (16) the current address of a recipient of general 
  3.35  assistance or general assistance medical care may be disclosed 
  3.36  to probation officers and corrections agents who are supervising 
  4.1   the recipient and to law enforcement officers who are 
  4.2   investigating the recipient in connection with a felony level 
  4.3   offense; 
  4.4      (17) information obtained from food stamp applicant or 
  4.5   recipient households may be disclosed to local, state, or 
  4.6   federal law enforcement officials, upon their written request, 
  4.7   for the purpose of investigating an alleged violation of the 
  4.8   Food Stamp Act, according to Code of Federal Regulations, title 
  4.9   7, section 272.1(c); 
  4.10     (18) the address, social security number, and, if 
  4.11  available, photograph of any member of a household receiving 
  4.12  food stamps shall be made available, on request, to a local, 
  4.13  state, or federal law enforcement officer if the officer 
  4.14  furnishes the agency with the name of the member and notifies 
  4.15  the agency that:  
  4.16     (i) the member: 
  4.17     (A) is fleeing to avoid prosecution, or custody or 
  4.18  confinement after conviction, for a crime or attempt to commit a 
  4.19  crime that is a felony in the jurisdiction the member is 
  4.20  fleeing; 
  4.21     (B) is violating a condition of probation or parole imposed 
  4.22  under state or federal law; or 
  4.23     (C) has information that is necessary for the officer to 
  4.24  conduct an official duty related to conduct described in subitem 
  4.25  (A) or (B); 
  4.26     (ii) locating or apprehending the member is within the 
  4.27  officer's official duties; and 
  4.28     (iii) the request is made in writing and in the proper 
  4.29  exercise of the officer's official duty; 
  4.30     (19) certain information regarding child support obligors 
  4.31  who are in arrears may be made public according to section 
  4.32  518.575; 
  4.33     (20) data on child support payments made by a child support 
  4.34  obligor and data on the distribution of those payments excluding 
  4.35  identifying information on obligees may be disclosed to all 
  4.36  obligees to whom the obligor owes support, and data on the 
  5.1   enforcement actions undertaken by the public authority, the 
  5.2   status of those actions, and data on the income of the obligor 
  5.3   or obligee may be disclosed to the other party; 
  5.4      (21) data in the work reporting system may be disclosed 
  5.5   under section 256.998, subdivision 7; 
  5.6      (22) to the department of children, families, and learning 
  5.7   for the purpose of matching department of children, families, 
  5.8   and learning student data with public assistance data to 
  5.9   determine students eligible for free and reduced price meals, 
  5.10  meal supplements, and free milk according to United States Code, 
  5.11  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  5.12  produce accurate numbers of students receiving aid to families 
  5.13  with dependent children or Minnesota family investment 
  5.14  program-statewide as required by section 126C.06; to allocate 
  5.15  federal and state funds that are distributed based on income of 
  5.16  the student's family; and to verify receipt of energy assistance 
  5.17  for the telephone assistance plan; 
  5.18     (23) the current address and telephone number of program 
  5.19  recipients and emergency contacts may be released to the 
  5.20  commissioner of health or a local board of health as defined in 
  5.21  section 145A.02, subdivision 2, when the commissioner or local 
  5.22  board of health has reason to believe that a program recipient 
  5.23  is a disease case, carrier, suspect case, or at risk of illness, 
  5.24  and the data are necessary to locate the person; 
  5.25     (24) to other state agencies, statewide systems, and 
  5.26  political subdivisions of this state, including the attorney 
  5.27  general, and agencies of other states, interstate information 
  5.28  networks, federal agencies, and other entities as required by 
  5.29  federal regulation or law for the administration of the child 
  5.30  support enforcement program; 
  5.31     (25) to personnel of public assistance programs as defined 
  5.32  in section 256.741, for access to the child support system 
  5.33  database for the purpose of administration, including monitoring 
  5.34  and evaluation of those public assistance programs; or 
  5.35     (26) to monitor and evaluate the statewide Minnesota family 
  5.36  investment program by exchanging data between the departments of 
  6.1   human services and children, families, and learning, on 
  6.2   recipients and former recipients of food stamps, cash assistance 
  6.3   under chapter 256, 256D, 256J, or 256K, child care assistance 
  6.4   under chapter 119B, or medical programs under chapter 256B, 
  6.5   256D, or 256L; or 
  6.6      (27) to the department of children, families, and learning 
  6.7   for the purpose of matching department of children, families, 
  6.8   and learning student data with medical assistance data to 
  6.9   determine students eligible for medical assistance services 
  6.10  provided for disabled children according to section 256B.0625, 
  6.11  subdivision 26, and to allocate federal medical assistance funds 
  6.12  to schools based on the health-related services provided to 
  6.13  disabled children.  
  6.14     (b) Information on persons who have been treated for drug 
  6.15  or alcohol abuse may only be disclosed according to the 
  6.16  requirements of Code of Federal Regulations, title 42, sections 
  6.17  2.1 to 2.67. 
  6.18     (c) Data provided to law enforcement agencies under 
  6.19  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
  6.20  (b), are investigative data and are confidential or protected 
  6.21  nonpublic while the investigation is active.  The data are 
  6.22  private after the investigation becomes inactive under section 
  6.23  13.82, subdivision 5, paragraph (a) or (b). 
  6.24     (d) Mental health data shall be treated as provided in 
  6.25  subdivisions 7, 8, and 9, but is not subject to the access 
  6.26  provisions of subdivision 10, paragraph (b). 
  6.27     Sec. 2.  Minnesota Statutes 1998, section 122A.09, 
  6.28  subdivision 4, is amended to read: 
  6.29     Subd. 4.  [LICENSE AND RULES.] (a) The board must adopt 
  6.30  rules to license public school teachers and interns subject to 
  6.31  chapter 14. 
  6.32     (b) The board must adopt rules requiring a person to 
  6.33  successfully complete a skills examination in reading, writing, 
  6.34  and mathematics as a requirement for initial teacher licensure.  
  6.35  Such rules must require college and universities offering a 
  6.36  board approved teacher preparation program to provide remedial 
  7.1   assistance to persons who did not achieve a qualifying score on 
  7.2   the skills examination, including those for whom English is a 
  7.3   second language. 
  7.4      (c) The board must adopt rules to approve teacher 
  7.5   preparation programs. 
  7.6      (d) The board must provide the leadership and shall adopt 
  7.7   rules for the redesign of teacher education programs to 
  7.8   implement a research based, results-oriented curriculum that 
  7.9   focuses on the skills teachers need in order to be effective.  
  7.10  The board shall implement new systems of teacher preparation 
  7.11  program evaluation to assure program effectiveness based on 
  7.12  proficiency of graduates in demonstrating attainment of program 
  7.13  outcomes. 
  7.14     (e) The board must adopt rules requiring successful 
  7.15  completion of an examination of general pedagogical knowledge 
  7.16  and examinations of licensure-specific teaching skills.  The 
  7.17  rules shall be effective on the dates determined by the board, 
  7.18  but not later than July 1, 1999. 
  7.19     (f) The board must adopt rules requiring teacher educators 
  7.20  to work directly with elementary or secondary school teachers in 
  7.21  elementary or secondary schools to obtain periodic exposure to 
  7.22  the elementary or secondary teaching environment. 
  7.23     (g) The board must grant licenses to interns and to 
  7.24  candidates for initial licenses. 
  7.25     (h) The board must design and implement an assessment 
  7.26  system which requires a candidate for an initial license and 
  7.27  first continuing license to demonstrate the abilities necessary 
  7.28  to perform selected, representative teaching tasks at 
  7.29  appropriate levels. 
  7.30     (i) The board must receive recommendations from local 
  7.31  committees as established by the board for the renewal of 
  7.32  teaching licenses. 
  7.33     (j) The board must grant life licenses to those who qualify 
  7.34  according to requirements established by the board, and suspend 
  7.35  or revoke licenses pursuant to sections 122A.20 and 214.10.  The 
  7.36  board must not establish any expiration date for application for 
  8.1   life licenses.  
  8.2      (k) In adopting rules to license public school teachers who 
  8.3   provide services for disabled children, the board shall adopt 
  8.4   rules consistent with license requirements of the health-related 
  8.5   boards who license personnel who perform similar services 
  8.6   outside of the school. 
  8.7      Sec. 3.  Minnesota Statutes 1998, section 125A.08, is 
  8.8   amended to read: 
  8.9      125A.08 [SCHOOL DISTRICT OBLIGATIONS.] 
  8.10     (a) As defined in this section, to the extent required by 
  8.11  federal law as of July 1, 1999, every district must ensure the 
  8.12  following: 
  8.13     (1) all students with disabilities are provided the special 
  8.14  instruction and services which are appropriate to their needs.  
  8.15  Where the individual education plan team has determined 
  8.16  appropriate goals and objectives based on the student's needs, 
  8.17  including the extent to which the student can be included in the 
  8.18  least restrictive environment, and where there are essentially 
  8.19  equivalent and effective instruction, related services, or 
  8.20  assistive technology devices available to meet the student's 
  8.21  needs, cost to the district may be among the factors considered 
  8.22  by the team in choosing how to provide the appropriate services, 
  8.23  instruction, or devices that are to be made part of the 
  8.24  student's individual education plan.  The individual education 
  8.25  plan team shall consider and may authorize services covered by 
  8.26  medical assistance according to section 256B.0625, subdivision 
  8.27  26.  The student's needs and the special education instruction 
  8.28  and services to be provided must be agreed upon through the 
  8.29  development of an individual education plan.  The plan must 
  8.30  address the student's need to develop skills to live and work as 
  8.31  independently as possible within the community.  By grade 9 or 
  8.32  age 14, the plan must address the student's needs for transition 
  8.33  from secondary services to post-secondary education and 
  8.34  training, employment, community participation, recreation, and 
  8.35  leisure and home living.  In developing the plan, districts must 
  8.36  inform parents of the full range of transitional goals and 
  9.1   related services that should be considered.  The plan must 
  9.2   include a statement of the needed transition services, including 
  9.3   a statement of the interagency responsibilities or linkages or 
  9.4   both before secondary services are concluded; 
  9.5      (2) children with a disability under age five and their 
  9.6   families are provided special instruction and services 
  9.7   appropriate to the child's level of functioning and needs; 
  9.8      (3) children with a disability and their parents or 
  9.9   guardians are guaranteed procedural safeguards and the right to 
  9.10  participate in decisions involving identification, assessment 
  9.11  including assistive technology assessment, and educational 
  9.12  placement of children with a disability; 
  9.13     (4) eligibility and needs of children with a disability are 
  9.14  determined by an initial assessment or reassessment, which may 
  9.15  be completed using existing data under United States Code, title 
  9.16  20, section 33, et seq.; 
  9.17     (5) to the maximum extent appropriate, children with a 
  9.18  disability, including those in public or private institutions or 
  9.19  other care facilities, are educated with children who are not 
  9.20  disabled, and that special classes, separate schooling, or other 
  9.21  removal of children with a disability from the regular 
  9.22  educational environment occurs only when and to the extent that 
  9.23  the nature or severity of the disability is such that education 
  9.24  in regular classes with the use of supplementary services cannot 
  9.25  be achieved satisfactorily; 
  9.26     (6) in accordance with recognized professional standards, 
  9.27  testing and evaluation materials, and procedures used for the 
  9.28  purposes of classification and placement of children with a 
  9.29  disability are selected and administered so as not to be 
  9.30  racially or culturally discriminatory; and 
  9.31     (7) the rights of the child are protected when the parents 
  9.32  or guardians are not known or not available, or the child is a 
  9.33  ward of the state. 
  9.34     (b) For paraprofessionals employed to work in programs for 
  9.35  students with disabilities, the school board in each district 
  9.36  shall ensure that: 
 10.1      (1) before or immediately upon employment, each 
 10.2   paraprofessional develops sufficient knowledge and skills in 
 10.3   emergency procedures, building orientation, roles and 
 10.4   responsibilities, confidentiality, vulnerability, and 
 10.5   reportability, among other things, to begin meeting the needs of 
 10.6   the students with whom the paraprofessional works; 
 10.7      (2) annual training opportunities are available to enable 
 10.8   the paraprofessional to continue to further develop the 
 10.9   knowledge and skills that are specific to the students with whom 
 10.10  the paraprofessional works, including understanding 
 10.11  disabilities, following lesson plans, and implementing follow-up 
 10.12  instructional procedures and activities; and 
 10.13     (3) a districtwide process obligates each paraprofessional 
 10.14  to work under the ongoing direction of a licensed teacher and, 
 10.15  where appropriate and possible, the supervision of a school 
 10.16  nurse. 
 10.17     Sec. 4.  Minnesota Statutes 1998, section 125A.21, 
 10.18  subdivision 1, is amended to read: 
 10.19     Subdivision 1.  [OBLIGATION TO PAY.] Nothing in sections 
 10.20  125A.03 to 125A.24 and 125A.65 relieves an insurer or similar 
 10.21  third party from an otherwise valid obligation to pay, or 
 10.22  changes the validity of an obligation to pay, for services 
 10.23  rendered to a child with a disability, and the child's family.  
 10.24  A school district shall pay the nonfederal share of medical 
 10.25  assistance services provided according to section 256B.0625, 
 10.26  subdivision 26.  A school district may pay or reimburse 
 10.27  copayments, coinsurance, deductibles, and other enrollee 
 10.28  cost-sharing amounts, on behalf of the student or family, in 
 10.29  connection with health and related services provided under an 
 10.30  individual educational plan.  
 10.31     Sec. 5.  Minnesota Statutes 1998, section 125A.74, 
 10.32  subdivision 1, is amended to read: 
 10.33     Subdivision 1.  [ELIGIBILITY.] A district may enroll as a 
 10.34  provider in the medical assistance program and receive medical 
 10.35  assistance payments for covered special education services 
 10.36  provided to persons eligible for medical assistance under 
 11.1   chapter 256B.  To receive medical assistance payments, the 
 11.2   district must pay the nonfederal share of medical assistance 
 11.3   services provided according to section 256B.0625, subdivision 
 11.4   26, and comply with relevant provisions of state and federal 
 11.5   statutes and regulations governing the medical assistance 
 11.6   program. 
 11.7      Sec. 6.  Minnesota Statutes 1998, section 125A.74, 
 11.8   subdivision 2, is amended to read: 
 11.9      Subd. 2.  [FUNDING.] A district that provides a covered 
 11.10  service to an eligible person and complies with relevant 
 11.11  requirements of the medical assistance program is entitled to 
 11.12  receive payment for the service provided, including that portion 
 11.13  of the payment services that will subsequently be reimbursed by 
 11.14  the federal government, in the same manner as other medical 
 11.15  assistance providers.  The school district is not required to 
 11.16  provide matching funds or pay part of the costs of the service, 
 11.17  as long as the rate charged for the service does not exceed 
 11.18  medical assistance limits that apply to all medical assistance 
 11.19  providers. 
 11.20     Sec. 7.  Minnesota Statutes 1998, section 125A.744, 
 11.21  subdivision 3, is amended to read: 
 11.22     Subd. 3.  [IMPLEMENTATION.] Consistent with section 
 11.23  256B.0625, subdivision 26, school districts may enroll as 
 11.24  medical assistance providers or subcontractors and bill the 
 11.25  department of human services only the federal share of services 
 11.26  under the medical assistance fee for service claims processing 
 11.27  system for special education services which are covered services 
 11.28  under chapter 256B, which are provided in the school setting for 
 11.29  a medical assistance recipient, and for whom the district has 
 11.30  secured informed consent consistent with section 13.05, 
 11.31  subdivision 4, paragraph (d), and section 256B.77, subdivision 
 11.32  2, paragraph (p), to bill for each type of covered service.  A 
 11.33  school district is not eligible to enroll as a home care 
 11.34  provider or a personal care provider organization for purposes 
 11.35  of billing home care services under section 256B.0627 until the 
 11.36  commissioner of human services issues a bulletin instructing 
 12.1   county public health nurses on how to assess for the needs of 
 12.2   eligible recipients during school hours.  To use private duty 
 12.3   nursing services or personal care services at school, the 
 12.4   recipient or responsible party must provide written 
 12.5   authorization in the care plan identifying the chosen provider 
 12.6   and the daily amount of services to be used at school.  Medical 
 12.7   assistance services for those enrolled in a prepaid health plan 
 12.8   shall remain the responsibility of the contracted health plan 
 12.9   subject to their network, credentialing, prior authorization, 
 12.10  and determination of medical necessity criteria.  The 
 12.11  commissioner of human services shall adjust payments to health 
 12.12  plans to reflect increased costs incurred by health plans due to 
 12.13  increased payments made to school districts or new payment or 
 12.14  delivery arrangements developed by health plans in cooperation 
 12.15  with school districts. 
 12.16     Sec. 8.  Minnesota Statutes 1998, section 125A.76, 
 12.17  subdivision 2, is amended to read: 
 12.18     Subd. 2.  [SPECIAL EDUCATION BASE REVENUE.] (a) The special 
 12.19  education base revenue equals the sum of the following amounts 
 12.20  computed using base year data: 
 12.21     (1) 68 percent of the salary of each essential person 
 12.22  employed in the district's program for children with a 
 12.23  disability during the fiscal year, not including the share of 
 12.24  salaries for personnel providing health-related services counted 
 12.25  in clause (8), whether the person is employed by one or more 
 12.26  districts or a Minnesota correctional facility operating on a 
 12.27  fee-for-service basis; 
 12.28     (2) for the Minnesota state academy for the deaf or the 
 12.29  Minnesota state academy for the blind, 68 percent of the salary 
 12.30  of each instructional aide assigned to a child attending the 
 12.31  academy, if that aide is required by the child's individual 
 12.32  education plan; 
 12.33     (3) for special instruction and services provided to any 
 12.34  pupil by contracting with public, private, or voluntary agencies 
 12.35  other than school districts, in place of special instruction and 
 12.36  services provided by the district, 52 percent of the difference 
 13.1   between the amount of the contract and the basic revenue of the 
 13.2   district for that pupil for the fraction of the school day the 
 13.3   pupil receives services under the contract; 
 13.4      (4) for special instruction and services provided to any 
 13.5   pupil by contracting for services with public, private, or 
 13.6   voluntary agencies other than school districts, that are 
 13.7   supplementary to a full educational program provided by the 
 13.8   school district, 52 percent of the amount of the contract for 
 13.9   that pupil; 
 13.10     (5) for supplies and equipment purchased or rented for use 
 13.11  in the instruction of children with a disability, not including 
 13.12  the portion of the expenses for supplies and equipment used to 
 13.13  provide health-related services counted in clause (8), an amount 
 13.14  equal to 47 percent of the sum actually expended by the 
 13.15  district, or a Minnesota correctional facility operating on a 
 13.16  fee-for-service basis, but not to exceed an average of $47 in 
 13.17  any one school year for each child with a disability receiving 
 13.18  instruction; 
 13.19     (6) for fiscal years 1997 and later, special education base 
 13.20  revenue shall include amounts under clauses (1) to (5) for 
 13.21  special education summer programs provided during the base year 
 13.22  for that fiscal year; and 
 13.23     (7) for fiscal years 1999 and later, the cost of providing 
 13.24  transportation services for children with disabilities under 
 13.25  section 123B.92, subdivision 1, paragraph (b), clause (4); and 
 13.26     (8) for fiscal years 2000 and later the cost of salaries, 
 13.27  supplies and equipment, and other related costs actually 
 13.28  expended by the district for the nonfederal share of medical 
 13.29  assistance services according to section 256B.0625, subdivision 
 13.30  26. 
 13.31     (b) If requested by a school district operating a special 
 13.32  education program during the base year for less than the full 
 13.33  fiscal year, or a school district in which is located a 
 13.34  Minnesota correctional facility operating on a fee-for-service 
 13.35  basis for less than the full fiscal year, the commissioner may 
 13.36  adjust the base revenue to reflect the expenditures that would 
 14.1   have occurred during the base year had the program been operated 
 14.2   for the full fiscal year. 
 14.3      (c) Notwithstanding paragraphs (a) and (b), the portion of 
 14.4   a school district's base revenue attributable to a Minnesota 
 14.5   correctional facility operating on a fee-for-service basis 
 14.6   during the facility's first year of operating on a 
 14.7   fee-for-service basis shall be computed using current year data. 
 14.8      Sec. 9.  [127A.11] [MONITOR MEDICAL ASSISTANCE SERVICES FOR 
 14.9   DISABLED STUDENTS.] 
 14.10     The commissioner of children, families, and learning, in 
 14.11  cooperation with the commissioner of human services, shall 
 14.12  monitor the costs of health-related, special education services 
 14.13  provided by public schools. 
 14.14     Sec. 10.  [214.045] [COORDINATION WITH BOARD OF TEACHING.] 
 14.15     The health-related licensing boards must coordinate with 
 14.16  the board of teaching when modifying licensure requirements for 
 14.17  regulated persons in order to have consistent regulatory 
 14.18  requirements for personnel who perform services in schools. 
 14.19     Sec. 11.  Minnesota Statutes 1998, section 256B.0625, 
 14.20  subdivision 26, is amended to read: 
 14.21     Subd. 26.  [SPECIAL EDUCATION SERVICES.] (a) Medical 
 14.22  assistance covers medical services identified in a recipient's 
 14.23  individualized education plan and covered under the medical 
 14.24  assistance state plan.  Covered services include occupational 
 14.25  therapy, physical therapy, speech-language therapy, clinical 
 14.26  psychological services, nursing services, school psychological 
 14.27  services, school social work services, management aides, 
 14.28  individual education plan case management, assistive technology 
 14.29  devices, and other services covered under the medical assistance 
 14.30  state plan.  The services may be provided by a Minnesota school 
 14.31  district that is enrolled as a medical assistance provider or 
 14.32  its subcontractor, and only if the services meet all the 
 14.33  requirements otherwise applicable if the service had been 
 14.34  provided by a provider other than a school district, in the 
 14.35  following areas:  medical necessity, physician's orders, and 
 14.36  documentation, personnel qualifications, and prior authorization 
 15.1   requirements.  The nonfederal share of costs for services 
 15.2   provided under this subdivision is the responsibility of the 
 15.3   local school district as provided in section 125A.74. 
 15.4      (b) Approval of health-related services for inclusion in 
 15.5   the individual education plan constitutes prior authorization 
 15.6   for purposes of reimbursement under this chapter.  This 
 15.7   authorization is effective for as long as the individual 
 15.8   education plan is in effect without modification but not to 
 15.9   exceed 12 months.  The commissioner may require physician review 
 15.10  and approval of the plan not more than once annually as part of 
 15.11  the prior authorization process. 
 15.12     (c) Persons who are providing health-related services under 
 15.13  this subdivision in a school and are licensed by the state board 
 15.14  of teaching are eligible for medical assistance reimbursement. 
 15.15     (d) For the purposes of determining whether a medical 
 15.16  assistance recipient has exceeded a limitation on the amount or 
 15.17  duration of services available under this chapter, services 
 15.18  received under this subdivision shall be excluded. 
 15.19     (e) Services of a speech-language pathologist provided 
 15.20  under this section are covered notwithstanding Minnesota Rules, 
 15.21  part 9505.0390, subpart 1, item L, if the person: 
 15.22     (1) holds a masters degree in speech-language pathology; 
 15.23     (2) is licensed by the Minnesota board of teaching as an 
 15.24  educational speech-language pathologist; and 
 15.25     (3) either has a certificate of clinical competence from 
 15.26  the American Speech and Hearing Association, has completed the 
 15.27  equivalent educational requirements and work experience 
 15.28  necessary for the certificate or has completed the academic 
 15.29  program and is acquiring supervised work experience to qualify 
 15.30  for the certificate. 
 15.31     (f) Medical assistance coverage for medically necessary 
 15.32  services provided under other subdivisions in this section may 
 15.33  not be denied solely on the basis that the same or similar 
 15.34  services are covered under this subdivision. 
 15.35     (g) The commissioner shall develop and implement package 
 15.36  rates, bundled rates, and per diem rates for special education 
 16.1   services under which separately covered services are grouped 
 16.2   together and billed as a unit in order to reduce administrative 
 16.3   complexity.  The commissioner shall seek federal waivers as 
 16.4   necessary to implement this paragraph. 
 16.5      Sec. 12.  Minnesota Statutes 1998, section 256B.69, 
 16.6   subdivision 4, is amended to read: 
 16.7      Subd. 4.  [LIMITATION OF CHOICE.] The commissioner shall 
 16.8   develop criteria to determine when limitation of choice may be 
 16.9   implemented in the experimental counties.  The criteria shall 
 16.10  ensure that all eligible individuals in the county have 
 16.11  continuing access to the full range of medical assistance 
 16.12  services as specified in subdivision 6.  The commissioner shall 
 16.13  exempt the following persons from participation in the project, 
 16.14  in addition to those who do not meet the criteria for limitation 
 16.15  of choice:  (1) persons eligible for medical assistance 
 16.16  according to section 256B.055, subdivision 1; (2) persons 
 16.17  eligible for medical assistance due to blindness or disability 
 16.18  as determined by the social security administration or the state 
 16.19  medical review team, unless:  (i) they are 65 years of age or 
 16.20  older, or (ii) they reside in Itasca county or they reside in a 
 16.21  county in which the commissioner conducts a pilot project under 
 16.22  a waiver granted pursuant to section 1115 of the Social Security 
 16.23  Act; (3) recipients who currently have private coverage through 
 16.24  a health maintenance organization; (4) recipients who are 
 16.25  eligible for medical assistance by spending down excess income 
 16.26  for medical expenses other than the nursing facility per diem 
 16.27  expense; (5) recipients who receive benefits under the Refugee 
 16.28  Assistance Program, established under United States Code, title 
 16.29  8, section 1522(e); (6) children who are both determined to be 
 16.30  severely emotionally disturbed and receiving case management 
 16.31  services according to section 256B.0625, subdivision 20; and (7) 
 16.32  adults who are both determined to be seriously and persistently 
 16.33  mentally ill and received case management services according to 
 16.34  section 256B.0625, subdivision 20; and (8) recipients receiving 
 16.35  services under section 256B.0625, subdivision 26, but only for 
 16.36  purposes of receiving those services.  Children under age 21 who 
 17.1   are in foster placement may enroll in the project on an elective 
 17.2   basis.  Individuals excluded under clauses (6) and (7) may 
 17.3   choose to enroll on an elective basis.  The commissioner may 
 17.4   allow persons with a one-month spenddown who are otherwise 
 17.5   eligible to enroll to voluntarily enroll or remain enrolled, if 
 17.6   they elect to prepay their monthly spenddown to the state.  
 17.7   Beginning on or after July 1, 1997, the commissioner may require 
 17.8   those individuals to enroll in the prepaid medical assistance 
 17.9   program who otherwise would have been excluded under clauses (1) 
 17.10  and (3) and under Minnesota Rules, part 9500.1452, subpart 2, 
 17.11  items H, K, and L.  Before limitation of choice is implemented, 
 17.12  eligible individuals shall be notified and after notification, 
 17.13  shall be allowed to choose only among demonstration providers.  
 17.14  The commissioner may assign an individual with private coverage 
 17.15  through a health maintenance organization, to the same health 
 17.16  maintenance organization for medical assistance coverage, if the 
 17.17  health maintenance organization is under contract for medical 
 17.18  assistance in the individual's county of residence.  After 
 17.19  initially choosing a provider, the recipient is allowed to 
 17.20  change that choice only at specified times as allowed by the 
 17.21  commissioner.  If a demonstration provider ends participation in 
 17.22  the project for any reason, a recipient enrolled with that 
 17.23  provider must select a new provider but may change providers 
 17.24  without cause once more within the first 60 days after 
 17.25  enrollment with the second provider.