HF 1183

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; adding provisions to 
  1.3             health insurance coverage; providing firearms 
  1.4             background check; providing mental health services; 
  1.5             adding provisions for paternity testing; adding 
  1.6             provisions for paternity and child support; providing 
  1.7             medical assistance coverage for pediatric vaccines; 
  1.8             providing penalties; amending Minnesota Statutes 1994, 
  1.9             sections 62A.045; 62A.046; 62A.048; 62A.27; 245.041; 
  1.10            245.487, subdivision 4; 245.4871, subdivisions 12 and 
  1.11            33a; 245.4873, subdivision 6; 245.4874; 245.4875, 
  1.12            subdivision 2; 245.4878; 245.4885, subdivision 2; 
  1.13            253B.091; 256.015, subdivision 7; 256.025, 
  1.14            subdivisions 1 and 3; 256.12, subdivision 14; 256.74, 
  1.15            by adding a subdivision; 256.76, subdivision 1; 
  1.16            256B.0625, by adding a subdivision; 256E.08, 
  1.17            subdivision 8; 257.55, subdivision 1; 257.57, 
  1.18            subdivision 2; 257.62, subdivisions 1, 5, and 6; 
  1.19            257.64, subdivision 3; 257.69, subdivisions 1 and 2; 
  1.20            518.171, subdivisions 1, 3, 4, 5, 7, and 8; 518.611, 
  1.21            subdivisions 2 and 4; 518.613, subdivisions 2 and 7; 
  1.22            and 518.615, subdivision 3; repealing Minnesota 
  1.23            Statutes 1994, sections 62C.141; 62C.143; 62D.106; and 
  1.24            62E.04, subdivisions 9 and 10.  
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1994, section 62A.045, is 
  1.27  amended to read: 
  1.28     62A.045 [PAYMENTS ON BEHALF OF WELFARE RECIPIENTS.] 
  1.29     (a) No policy of accident and sickness insurance regulated 
  1.30  under this chapter; vendor of risk management services regulated 
  1.31  under section 60A.23; nonprofit health service plan corporation 
  1.32  regulated under chapter 62C; health maintenance organization 
  1.33  regulated under chapter 62D; or self-insured plan regulated 
  1.34  under chapter 62E health plan issued or renewed to provide 
  1.35  coverage to a Minnesota resident shall contain any provision 
  2.1   denying or reducing benefits because services are rendered to a 
  2.2   person who is eligible for or receiving medical benefits 
  2.3   pursuant to title XIX of the Social Security Act (Medicaid) in 
  2.4   this or any other state; chapter 256; 256B; or 256D or services 
  2.5   pursuant to section 252.27; 256.9351 to 256.9361; 260.251, 
  2.6   subdivision 1a; or 393.07, subdivision 1 or 2.  No insurer 
  2.7   health carrier providing benefits under policies plans covered 
  2.8   by this section shall use eligibility for medical programs named 
  2.9   in this section as an underwriting guideline or reason for 
  2.10  nonacceptance of the risk. 
  2.11     (b) If payment for covered expenses has been made under 
  2.12  state medical programs for health care items or services 
  2.13  provided to an individual, and a third party has a legal 
  2.14  liability to make payments, the state shall acquire the rights 
  2.15  of the individual to payment by any other party for those health 
  2.16  care items or services provided.  
  2.17     (c) Notwithstanding any law to the contrary, when a person 
  2.18  covered under by a policy of accident and sickness insurance, 
  2.19  risk management plan, nonprofit health service plan, health 
  2.20  maintenance organization, or self-insured health plan receives 
  2.21  medical benefits according to any statute listed in this 
  2.22  section, payment for covered services or notice of denial for 
  2.23  services billed by the provider must be issued directly to the 
  2.24  provider.  If a person was receiving medical benefits through 
  2.25  the department of human services at the time a service was 
  2.26  provided, the provider must indicate this benefit coverage on 
  2.27  any claim forms submitted by the provider to the insurer health 
  2.28  carrier for those services.  If the commissioner of human 
  2.29  services notifies the insurer health carrier that the 
  2.30  commissioner has made payments to the provider, payment for 
  2.31  benefits or notices of denials issued by the insurer health 
  2.32  carrier must be issued directly to the commissioner.  Submission 
  2.33  by the department to the insurer health carrier of the claim on 
  2.34  a department of human services claim form is proper notice and 
  2.35  shall be considered proof of payment of the claim to the 
  2.36  provider and supersedes any contract requirements of the insurer 
  3.1   health carrier relating to the form of submission.  Liability to 
  3.2   the insured for coverage is satisfied to the extent that 
  3.3   payments for those benefits are made by the insurer health 
  3.4   carrier to the provider or the commissioner as required by this 
  3.5   section. 
  3.6      (d) When a state agency has acquired the rights of an 
  3.7   individual eligible for medical programs named in this section 
  3.8   and has health benefits coverage through a health carrier, the 
  3.9   health carrier shall not impose requirements that are different 
  3.10  from requirements applicable to an agent or assignee of any 
  3.11  other individual covered. 
  3.12     (e) For the purpose of this section, health plan includes 
  3.13  integrated service networks, any plan governed under the federal 
  3.14  Employee Retirement Income Security Act of 1974 (ERISA), United 
  3.15  States Code, title 29, sections 1001 to 1461, and the exclusions 
  3.16  listed in section 62A.011, subdivision 3, clauses (2), (6), (9), 
  3.17  (10), and (12).  
  3.18     Sec. 2.  Minnesota Statutes 1994, section 62A.046, is 
  3.19  amended to read: 
  3.20     62A.046 [COORDINATION OF BENEFITS.] 
  3.21     (1) Subdivision 1.  [LIMITATION ON DENIAL OF COVERAGE; 
  3.22  PAYMENT.] No group contract providing coverage for hospital and 
  3.23  medical treatment or expenses issued or renewed after August 1, 
  3.24  1984, which is responsible for secondary coverage for services 
  3.25  provided, may deny coverage or payment of the amount it owes as 
  3.26  a secondary payor solely on the basis of the failure of another 
  3.27  group contract, which is responsible for primary coverage, to 
  3.28  pay for those services.  
  3.29     (2) Subd. 2.  [DEPENDENT COVERAGE.] A group contract which 
  3.30  provides coverage of a claimant as a dependent of a parent who 
  3.31  has legal responsibility for the dependent's medical care 
  3.32  pursuant to a court order under section 518.171 must make 
  3.33  payments directly to the provider of care, the custodial parent, 
  3.34  or the department of human services pursuant to section 
  3.35  62A.045.  In such cases, liability to the insured is satisfied 
  3.36  to the extent of benefit payments made to the provider under 
  4.1   this section. 
  4.2      (3) Subd. 3.  [APPLICATION.] This section applies to an 
  4.3   insurer, a vendor of risk management services regulated under 
  4.4   section 60A.23, a nonprofit health service plan corporation 
  4.5   regulated under chapter 62C and a health maintenance 
  4.6   organization regulated under chapter 62D. Nothing in this 
  4.7   section shall require a secondary payor to pay the obligations 
  4.8   of the primary payor nor shall it prevent the secondary payor 
  4.9   from recovering from the primary payor the amount of any 
  4.10  obligation of the primary payor that the secondary payor elects 
  4.11  to pay. 
  4.12     (4) Subd. 4.  [DEDUCTIBLE PROVISION.] Payments made by an 
  4.13  enrollee or by the commissioner on behalf of an enrollee in the 
  4.14  children's health plan under sections 256.9351 to 256.9361, or a 
  4.15  person receiving benefits under chapter 256B or 256D, for 
  4.16  services that are covered by the policy or plan of health 
  4.17  insurance shall, for purposes of the deductible, be treated as 
  4.18  if made by the insured. 
  4.19     (5) Subd. 5.  [PAYMENT RECOVERY.] The commissioner of human 
  4.20  services shall recover payments made by the children's health 
  4.21  plan from the responsible insurer, for services provided by the 
  4.22  children's health plan and covered by the policy or plan of 
  4.23  health insurance. 
  4.24     (6) Subd. 6.  [COORDINATION OF BENEFITS.] Insurers, vendors 
  4.25  of risk management services, nonprofit health service plan 
  4.26  corporations, fraternals, and health maintenance organizations 
  4.27  may coordinate benefits to prohibit greater than 100 percent 
  4.28  coverage when an insured, subscriber, or enrollee is covered by 
  4.29  both an individual and a group contract providing coverage for 
  4.30  hospital and medical treatment or expenses.  Benefits 
  4.31  coordinated under this paragraph must provide for 100 percent 
  4.32  coverage of an insured, subscriber, or enrollee.  To the extent 
  4.33  appropriate, all coordination of benefits provisions currently 
  4.34  applicable by law or rule to insurers, vendors of risk 
  4.35  management services, nonprofit health service plan corporations, 
  4.36  fraternals, and health maintenance organizations, shall apply to 
  5.1   coordination of benefits between individual and group contracts, 
  5.2   except that the group contract shall always be the primary 
  5.3   plan.  This paragraph does not apply to specified accident, 
  5.4   hospital indemnity, specified disease, or other limited benefit 
  5.5   insurance policies. 
  5.6      Sec. 3.  Minnesota Statutes 1994, section 62A.048, is 
  5.7   amended to read: 
  5.8      62A.048 [DEPENDENT COVERAGE.] 
  5.9      (a) A policy of accident and sickness insurance health plan 
  5.10  that covers an employee who is a Minnesota resident must, if it 
  5.11  provides dependent coverage, allow dependent children who do not 
  5.12  reside with the covered employee participant to be covered on 
  5.13  the same basis as if they reside with the covered employee 
  5.14  participant.  Neither the amount of support provided by the 
  5.15  employee to the dependent child nor the residency of the child 
  5.16  may be used as an excluding or limiting factor for coverage or 
  5.17  payment for health care.  Enrollment of a child cannot be denied 
  5.18  on the basis that the child was born out of wedlock, the child 
  5.19  is not claimed as a dependent on a parent's federal income tax 
  5.20  return, or the child does not reside with the parent or in the 
  5.21  insurer's service area.  Every health plan must provide coverage 
  5.22  in accordance with section 518.171 to dependents covered by a 
  5.23  qualified court or administrative order meeting the requirements 
  5.24  of section 518.171.  
  5.25     (b) For the purpose of this section, health plan includes 
  5.26  integrated service networks, coverage designed solely to provide 
  5.27  dental or vision care, and any plan governed under the federal 
  5.28  Employee Retirement Income Security Act of 1974 (ERISA), United 
  5.29  States Code, title 29, sections 1001 to 1461.  
  5.30     Sec. 4.  Minnesota Statutes 1994, section 62A.27, is 
  5.31  amended to read: 
  5.32     62A.27 [COVERAGE FOR ADOPTED CHILDREN.] 
  5.33     An individual or group policy or plan of health and 
  5.34  accident insurance regulated under this chapter or chapter 64B, 
  5.35  subscriber contract regulated under chapter 62C, or health 
  5.36  maintenance contract regulated under chapter 62D, (a) A health 
  6.1   plan that provides coverage to a Minnesota resident must cover 
  6.2   adopted children of the insured, subscriber, participant, or 
  6.3   enrollee on the same basis as other dependents.  Consequently, 
  6.4   the policy or plan shall not contain any provision concerning 
  6.5   preexisting condition limitations, insurability, eligibility, or 
  6.6   health underwriting approval concerning adopted children placed 
  6.7   for adoption with the participant.  
  6.8      (b) The coverage required by this section is effective from 
  6.9   the date of placement for the purpose of adoption and continues 
  6.10  unless the placement is disrupted prior to legal adoption and 
  6.11  the child is removed from placement.  Placement for adoption 
  6.12  means the assumption and retention by a person of a legal 
  6.13  obligation for total or partial support of a child in 
  6.14  anticipation of adoption of the child.  The child's placement 
  6.15  with a person terminates upon the termination of the legal 
  6.16  obligation for total or partial support.  
  6.17     (c) For the purpose of this section, health plan includes 
  6.18  integrated service networks, coverage that is designed solely to 
  6.19  provide dental or vision care, and any plan under the federal 
  6.20  Employee Retirement Income Security Act of 1974 (ERISA), United 
  6.21  States Code, title 29, sections 1001 to 1461. 
  6.22     Sec. 5.  Minnesota Statutes 1994, section 245.041, is 
  6.23  amended to read: 
  6.24     245.041 [PROVISION OF FIREARMS BACKGROUND CHECK 
  6.25  INFORMATION.] 
  6.26     Notwithstanding section 253B.23, subdivision 9, the 
  6.27  commissioner of human services shall provide commitment 
  6.28  information to local law enforcement agencies through the 
  6.29  Minnesota crime information system for the sole purpose of 
  6.30  facilitating a firearms background check under section 624.7131, 
  6.31  624.7132, or 624.714.  The information to be provided is limited 
  6.32  to whether the person has been committed under chapter 253B and, 
  6.33  if so, the type of commitment. 
  6.34     Sec. 6.  Minnesota Statutes 1994, section 245.487, 
  6.35  subdivision 4, is amended to read: 
  6.36     Subd. 4.  [IMPLEMENTATION.] (a) The commissioner shall 
  7.1   begin implementing sections 245.487 to 245.4888 by February 15, 
  7.2   1990, and shall fully implement sections 245.487 to 245.4888 by 
  7.3   July 1, 1993. 
  7.4      (b) Annually until February 15, 1994, the commissioner 
  7.5   shall report to the legislature on all steps taken and 
  7.6   recommendations for full implementation of sections 245.487 to 
  7.7   245.4888 and on additional resources needed to further implement 
  7.8   those sections.  The report shall include information on county 
  7.9   and state progress in identifying the needs of cultural and 
  7.10  racial minorities and in using special culturally informed 
  7.11  mental health consultants to meet these needs. 
  7.12     Sec. 7.  Minnesota Statutes 1994, section 245.4871, 
  7.13  subdivision 12, is amended to read: 
  7.14     Subd. 12.  [EARLY MENTAL HEALTH IDENTIFICATION AND 
  7.15  INTERVENTION SERVICES.] "Early Mental health identification and 
  7.16  intervention services" means services that are designed to 
  7.17  identify children who are at risk of needing or who need mental 
  7.18  health services and that arrange for intervention and treatment. 
  7.19     Sec. 8.  Minnesota Statutes 1994, section 245.4871, 
  7.20  subdivision 33a, is amended to read: 
  7.21     Subd. 33a.  [SPECIAL CULTURALLY INFORMED MENTAL HEALTH 
  7.22  CONSULTANT.] "Special Culturally informed mental health 
  7.23  consultant" is a mental health practitioner or professional with 
  7.24  special expertise in treating children from a particular 
  7.25  cultural or racial minority group person who is recognized by 
  7.26  the culture as one who has knowledge of a particular culture and 
  7.27  its definition of health and mental health; and who is used as 
  7.28  necessary to assist the county board and its mental health 
  7.29  providers in assessing and providing appropriate mental health 
  7.30  services for children from that particular cultural, linguistic, 
  7.31  or racial heritage and their families. 
  7.32     Sec. 9.  Minnesota Statutes 1994, section 245.4873, 
  7.33  subdivision 6, is amended to read: 
  7.34     Subd. 6.  [PRIORITIES.] By January 1, 1992, the 
  7.35  commissioner shall require that each of the treatment services 
  7.36  and management activities described in sections 245.487 to 
  8.1   245.4888 be developed for children with emotional disturbances 
  8.2   within available resources based on the following ranked 
  8.3   priorities.  The commissioner shall reassign agency staff and 
  8.4   use consultants as necessary to meet this deadline:  
  8.5      (1) the provision of locally available mental health 
  8.6   emergency services; 
  8.7      (2) the provision of locally available mental health 
  8.8   services to all children with severe emotional disturbance; 
  8.9      (3) the provision of early mental health identification and 
  8.10  intervention services to children who are at risk of needing or 
  8.11  who need mental health services; 
  8.12     (4) the provision of specialized mental health services 
  8.13  regionally available to meet the special needs of all children 
  8.14  with severe emotional disturbance, and all children with 
  8.15  emotional disturbances; 
  8.16     (5) the provision of locally available services to children 
  8.17  with emotional disturbances; and 
  8.18     (6) the provision of education and preventive mental health 
  8.19  services. 
  8.20     Sec. 10.  Minnesota Statutes 1994, section 245.4874, is 
  8.21  amended to read: 
  8.22     245.4874 [DUTIES OF COUNTY BOARD.] 
  8.23     The county board in each county shall use its share of 
  8.24  mental health and community social services act funds allocated 
  8.25  by the commissioner according to a biennial children's mental 
  8.26  health component of the community social services plan required 
  8.27  under section 245.4888, and approved by the commissioner.  The 
  8.28  county board must: 
  8.29     (1) develop a system of affordable and locally available 
  8.30  children's mental health services according to sections 245.487 
  8.31  to 245.4888; 
  8.32     (2) establish a mechanism providing for interagency 
  8.33  coordination as specified in section 245.4875, subdivision 6; 
  8.34     (3) develop a biennial children's mental health component 
  8.35  of the community social services plan required under section 
  8.36  256E.09 which considers the assessment of unmet needs in the 
  9.1   county as reported by the local children's mental health 
  9.2   advisory council under section 245.4875, subdivision 5, 
  9.3   paragraph (b), clause (3).  The county shall provide, upon 
  9.4   request of the local children's mental health advisory council, 
  9.5   readily available data to assist in the determination of unmet 
  9.6   needs; 
  9.7      (4) assure that parents and providers in the county receive 
  9.8   information about how to gain access to services provided 
  9.9   according to sections 245.487 to 245.4888; 
  9.10     (5) coordinate the delivery of children's mental health 
  9.11  services with services provided by social services, education, 
  9.12  corrections, health, and vocational agencies to improve the 
  9.13  availability of mental health services to children and the 
  9.14  cost-effectiveness of their delivery; 
  9.15     (6) assure that mental health services delivered according 
  9.16  to sections 245.487 to 245.4888 are delivered expeditiously and 
  9.17  are appropriate to the child's diagnostic assessment and 
  9.18  individual treatment plan; 
  9.19     (7) provide the community with information about predictors 
  9.20  and symptoms of emotional disturbances and how to access 
  9.21  children's mental health services according to sections 245.4877 
  9.22  and 245.4878; 
  9.23     (8) provide for case management services to each child with 
  9.24  severe emotional disturbance according to sections 245.486; 
  9.25  245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3, 
  9.26  and 5; 
  9.27     (9) provide for screening of each child under section 
  9.28  245.4885 upon admission to a residential treatment facility, 
  9.29  acute care hospital inpatient treatment, or informal admission 
  9.30  to a regional treatment center; 
  9.31     (10) prudently administer grants and purchase-of-service 
  9.32  contracts that the county board determines are necessary to 
  9.33  fulfill its responsibilities under sections 245.487 to 245.4888; 
  9.34     (11) assure that mental health professionals, mental health 
  9.35  practitioners, and case managers employed by or under contract 
  9.36  to the county to provide mental health services are qualified 
 10.1   under section 245.4871; 
 10.2      (12) assure that children's mental health services are 
 10.3   coordinated with adult mental health services specified in 
 10.4   sections 245.461 to 245.486 so that a continuum of mental health 
 10.5   services is available to serve persons with mental illness, 
 10.6   regardless of the person's age; and 
 10.7      (13) assure that special culturally informed mental health 
 10.8   consultants are used as necessary to assist the county board in 
 10.9   assessing and providing appropriate treatment for children of 
 10.10  cultural or racial minority heritage. 
 10.11     Sec. 11.  Minnesota Statutes 1994, section 245.4875, 
 10.12  subdivision 2, is amended to read: 
 10.13     Subd. 2.  [CHILDREN'S MENTAL HEALTH SERVICES.] The 
 10.14  children's mental health service system developed by each county 
 10.15  board must include the following services:  
 10.16     (1) education and prevention services according to section 
 10.17  245.4877; 
 10.18     (2) early mental health identification and intervention 
 10.19  services according to section 245.4878; 
 10.20     (3) emergency services according to section 245.4879; 
 10.21     (4) outpatient services according to section 245.488; 
 10.22     (5) family community support services according to section 
 10.23  245.4881; 
 10.24     (6) day treatment services according to section 245.4884, 
 10.25  subdivision 2; 
 10.26     (7) residential treatment services according to section 
 10.27  245.4882; 
 10.28     (8) acute care hospital inpatient treatment services 
 10.29  according to section 245.4883; 
 10.30     (9) screening according to section 245.4885; 
 10.31     (10) case management according to section 245.4881; 
 10.32     (11) therapeutic support of foster care according to 
 10.33  section 245.4884, subdivision 4; and 
 10.34     (12) professional home-based family treatment according to 
 10.35  section 245.4884, subdivision 4. 
 10.36     Sec. 12.  Minnesota Statutes 1994, section 245.4878, is 
 11.1   amended to read: 
 11.2      245.4878 [EARLY MENTAL HEALTH IDENTIFICATION AND 
 11.3   INTERVENTION.] 
 11.4      By January 1, 1991, early mental health identification and 
 11.5   intervention services must be available to meet the needs of all 
 11.6   children and their families residing in the county, consistent 
 11.7   with section 245.4873.  Early Mental health identification and 
 11.8   intervention services must be designed to identify children who 
 11.9   are at risk of needing or who need mental health services.  The 
 11.10  county board must provide intervention and offer treatment 
 11.11  services to each child who is identified as needing mental 
 11.12  health services.  The county board must offer intervention 
 11.13  services to each child who is identified as being at risk of 
 11.14  needing mental health services. 
 11.15     Sec. 13.  Minnesota Statutes 1994, section 245.4885, 
 11.16  subdivision 2, is amended to read: 
 11.17     Subd. 2.  [QUALIFICATIONS.] No later than July 1, 1991, 
 11.18  screening of children for residential and inpatient services 
 11.19  must be conducted by a mental health professional.  Where 
 11.20  appropriate and available, special culturally informed mental 
 11.21  health consultants must participate in the screening.  Mental 
 11.22  health professionals providing screening for inpatient and 
 11.23  residential services must not be financially affiliated with any 
 11.24  acute care inpatient hospital, residential treatment facility, 
 11.25  or regional treatment center.  The commissioner may waive this 
 11.26  requirement for mental health professional participation after 
 11.27  July 1, 1991, if the county documents that: 
 11.28     (1) mental health professionals or mental health 
 11.29  practitioners are unavailable to provide this service; and 
 11.30     (2) services are provided by a designated person with 
 11.31  training in human services who receives clinical supervision 
 11.32  from a mental health professional. 
 11.33     Sec. 14.  Minnesota Statutes 1994, section 253B.091, is 
 11.34  amended to read: 
 11.35     253B.091 [REPORTING JUDICIAL COMMITMENTS INVOLVING PRIVATE 
 11.36  TREATMENT PROGRAMS OR FACILITIES.] 
 12.1      Notwithstanding section 253B.23, subdivision 9, when a 
 12.2   committing court judicially commits a proposed patient to a 
 12.3   treatment program or facility other than a state-operated 
 12.4   program or facility, the court shall report the commitment to 
 12.5   the commissioner of human services through the supreme court 
 12.6   information system for purposes of providing commitment 
 12.7   information for firearm background checks under section 245.041. 
 12.8      Sec. 15.  Minnesota Statutes 1994, section 256.015, 
 12.9   subdivision 7, is amended to read: 
 12.10     Subd. 7.  [COOPERATION REQUIRED.] Upon the request of the 
 12.11  department of human services, any state agency or third party 
 12.12  payer shall cooperate with the department in furnishing 
 12.13  information to help establish a third party liability.  Upon the 
 12.14  request of the department of human services or county child 
 12.15  support or human service agencies, any employer or third party 
 12.16  payer shall cooperate in furnishing information about group 
 12.17  health insurance plans or medical benefit plans available to its 
 12.18  employees.  The department of human services and county agencies 
 12.19  shall limit its use of information gained from agencies and, 
 12.20  third party payers, and employers to purposes directly connected 
 12.21  with the administration of its public assistance and child 
 12.22  support programs.  The provision of information by agencies and, 
 12.23  third party payers, and employers to the department under this 
 12.24  subdivision is not a violation of any right of confidentiality 
 12.25  or data privacy. 
 12.26     Sec. 16.  Minnesota Statutes 1994, section 256.025, 
 12.27  subdivision 1, is amended to read: 
 12.28     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 12.29  section, the following terms have the meanings given them.  
 12.30     (b) "Base amount" means the calendar year 1990 county share 
 12.31  of county agency expenditures for all of the programs specified 
 12.32  in subdivision 2, except for the programs in subdivision 2, 
 12.33  clauses (4), (7), and (13).  The 1990 base amount for 
 12.34  subdivision 2, clause (4), shall be reduced by one-seventh for 
 12.35  each county, and the 1990 base amount for subdivision 2, clause 
 12.36  (7), shall be reduced by seven-tenths for each county, and those 
 13.1   amounts in total shall be the 1990 base amount for group 
 13.2   residential housing in subdivision 2, clause (13).  
 13.3      (c) "County agency expenditure" means the total expenditure 
 13.4   or cost incurred by the county of financial responsibility for 
 13.5   the benefits and services for each of the programs specified in 
 13.6   subdivision 2.  The term includes the federal, state, and county 
 13.7   share of costs for programs in which there is federal financial 
 13.8   participation.  For programs in which there is no federal 
 13.9   financial participation, the term includes the state and county 
 13.10  share of costs.  The term excludes county administrative costs, 
 13.11  unless otherwise specified.  
 13.12     (d) "Nonfederal share" means the sum of state and county 
 13.13  shares of costs of the programs specified in subdivision 2. 
 13.14     (e) The "county share of county agency expenditures growth 
 13.15  amount" is the amount by which the county share of county agency 
 13.16  expenditures in calendar years 1991 to 2000 2002 has increased 
 13.17  over the base amount. 
 13.18     Sec. 17.  Minnesota Statutes 1994, section 256.025, 
 13.19  subdivision 3, is amended to read: 
 13.20     Subd. 3.  [PAYMENT METHODS.] (a) Beginning July 1, 1991, 
 13.21  the state will reimburse counties for the county share of county 
 13.22  agency expenditures for benefits and services distributed under 
 13.23  subdivision 2.  Reimbursement may take the form of offsets to 
 13.24  billings of a county, if the county agrees to the offset process.
 13.25     (b) Payments under subdivision 4 are only for client 
 13.26  benefits and services distributed under subdivision 2 and do not 
 13.27  include reimbursement for county administrative expenses. 
 13.28     (c) The state and the county agencies shall pay for 
 13.29  assistance programs as follows: 
 13.30     (1) Where the state issues payments for the programs, the 
 13.31  county shall monthly or quarterly pay to the state, as required 
 13.32  by the department of human services, the portion of program 
 13.33  costs not met by federal and state funds.  The payment shall be 
 13.34  an estimate that is based on actual expenditures from the prior 
 13.35  period and that is sufficient to compensate for the county share 
 13.36  of disbursements as well as state and federal shares of 
 14.1   recoveries; 
 14.2      (2) Where the county agencies issue payments for the 
 14.3   programs, the state shall monthly or quarterly pay to counties 
 14.4   all federal funds available for those programs together with an 
 14.5   amount of state funds equal to the state share of expenditures; 
 14.6   and 
 14.7      (3) Payments made under this paragraph are subject to 
 14.8   section 256.017.  Adjustment of any overestimate or 
 14.9   underestimate in payments shall be made by the state agency in 
 14.10  any succeeding month. 
 14.11     Sec. 18.  Minnesota Statutes 1994, section 256.12, 
 14.12  subdivision 14, is amended to read: 
 14.13     Subd. 14.  [DEPENDENT CHILD.] (a) "Dependent child," as 
 14.14  used in sections 256.72 to 256.87, means a child under the age 
 14.15  of 18 years, or a child under the age of 19 years who is 
 14.16  regularly attending as a full-time student, and is expected to 
 14.17  complete before reaching age 19, a high school or a secondary 
 14.18  level course of vocational or technical training designed to fit 
 14.19  students for gainful employment, who is found to be deprived of 
 14.20  parental support or care by reason of the death, continued 
 14.21  absence from the home, physical or mental incapacity of a 
 14.22  parent, or who is a child of an unemployed parent as that term 
 14.23  is defined by the commissioner of human services, such 
 14.24  definition to be consistent with and not to exceed minimum 
 14.25  standards established by the Congress of the United States and 
 14.26  the Secretary of Health and Human Services.  When defining 
 14.27  "unemployed parent," the commissioner shall count up to four 
 14.28  calendar quarters of full-time attendance in any of the 
 14.29  following toward the requirement that a principal earner have 
 14.30  six or more quarters of work in any 13 calendar quarter period 
 14.31  ending within one year before application for aid to families 
 14.32  with dependent children: 
 14.33     (1) an elementary or secondary school; 
 14.34     (2) a federally approved vocational or technical training 
 14.35  course designed to prepare the parent for gainful employment; or 
 14.36     (3) full-time participation in an education or training 
 15.1   program established under the job training partnership act.  
 15.2      (b) Dependent child also means a child: 
 15.3      (1) whose relatives are liable under the law for the 
 15.4   child's support and are not able to provide adequate care and 
 15.5   support of the child; and 
 15.6      (2) who is living with father, mother, grandfather, 
 15.7   grandmother, brother, sister, stepfather, stepmother, 
 15.8   stepbrother, stepsister, uncle, aunt, first cousin, nephew, or 
 15.9   niece a parent or a person in one of the groups listed under 
 15.10  Code of Federal Regulations, title 45, section 
 15.11  233.90(c)(1)(v)(A) in a place of residence maintained by one or 
 15.12  more of these relatives as a home. 
 15.13     (c) Dependent child also means a child who has been removed 
 15.14  from the home of a relative after a judicial determination that 
 15.15  continuance in the home would be contrary to the welfare and 
 15.16  best interests of the child and whose care and placement in a 
 15.17  foster home or a private licensed child care institution is, in 
 15.18  accordance with the rules of the commissioner, the 
 15.19  responsibility of the state or county agency under sections 
 15.20  256.72 to 256.87.  This child is eligible for benefits only 
 15.21  through the foster care and adoption assistance program 
 15.22  contained in Title IV-E of the Social Security Act, United 
 15.23  States Code, title 42, sections 670 to 676, and is not entitled 
 15.24  to benefits under sections 256.72 to 256.87. 
 15.25     Sec. 19.  Minnesota Statutes 1994, section 256.74, is 
 15.26  amended by adding a subdivision to read: 
 15.27     Subd. 6.  [GOOD CAUSE CLAIMS.] All applications for good 
 15.28  cause exemption from cooperation with child support enforcement 
 15.29  shall be reviewed by designees of the county human services 
 15.30  board to ensure the validity of good cause determinations.  
 15.31     Sec. 20.  Minnesota Statutes 1994, section 256.76, 
 15.32  subdivision 1, is amended to read: 
 15.33     Subdivision 1.  Upon the completion of the investigation 
 15.34  the county agency shall decide whether the child is eligible for 
 15.35  assistance under the provisions of sections 256.72 to 256.87 and 
 15.36  determine the amount of the assistance and the date on which the 
 16.1   assistance begins.  A decision on an application for assistance 
 16.2   must be made as promptly as possible and no more than 30 days 
 16.3   from the date of application.  Notwithstanding section 393.07, 
 16.4   the county agency shall not delay approval or issuance of 
 16.5   assistance pending formal action of the county board of 
 16.6   commissioners.  The first month's grant shall be based upon that 
 16.7   portion of the month from the date of application, or from the 
 16.8   date that the applicant meets all eligibility factors, whichever 
 16.9   occurs later, provided that on the date that assistance is first 
 16.10  requested, the county agency shall inquire and determine whether 
 16.11  the person requesting assistance is in immediate need of food, 
 16.12  shelter, clothing, or other emergency assistance.  If an 
 16.13  emergency need is found to exist, the applicant shall be granted 
 16.14  assistance pursuant to section 256.871 within a reasonable 
 16.15  period of time.  It shall make a grant of assistance which shall 
 16.16  be binding upon the county and be complied with by the county 
 16.17  until the grant is modified or vacated.  The county agency shall 
 16.18  notify the applicant of its decision in writing.  The assistance 
 16.19  shall be paid monthly to the applicant or to the vendor of 
 16.20  medical care upon order of the county agency from funds 
 16.21  appropriated to the county agency for this purpose.  The county 
 16.22  agency shall, upon the granting of assistance under these 
 16.23  sections, file an order on the form to be approved by the state 
 16.24  agency with the auditor of the county.  After the order is 
 16.25  filed, warrants shall be drawn and payments made only in 
 16.26  accordance with this order to or for recipients of this 
 16.27  assistance or in accordance with any subsequent order. 
 16.28     Sec. 21.  Minnesota Statutes 1994, section 256B.0625, is 
 16.29  amended by adding a subdivision to read: 
 16.30     Subd. 38.  [CHILDHOOD IMMUNIZATIONS.] Providers who 
 16.31  administer pediatric vaccines within the scope of their 
 16.32  licensure, and who are enrolled as a medical assistance 
 16.33  provider, must enroll in the pediatric vaccine administration 
 16.34  program established by section 13631 of the Omnibus Budget 
 16.35  Reconciliation Act of 1993.  Medical assistance shall pay a 
 16.36  $8.50 fee per dose for administration of the vaccine to children 
 17.1   eligible for medical assistance.  Medical assistance does not 
 17.2   pay for vaccines that are available at no cost from the 
 17.3   pediatric vaccine administration program. 
 17.4      Sec. 22.  Minnesota Statutes 1994, section 256E.08, 
 17.5   subdivision 8, is amended to read: 
 17.6      Subd. 8.  [REPORTING BY COUNTIES.] Beginning in calendar 
 17.7   year 1980 each county shall submit to the commissioner of human 
 17.8   services a financial accounting of the county's community social 
 17.9   services fund, and other data required by the commissioner under 
 17.10  section 256E.05, subdivision 3, paragraph (g), shall include:  
 17.11     (a) A detailed statement of income and expenses 
 17.12  attributable to the fund in the preceding quarter; and 
 17.13     (b) A statement of the source and application of all money 
 17.14  used for social services programs by the county during the 
 17.15  preceding quarter, including the number of clients served and 
 17.16  expenditures for each service provided, as required by the 
 17.17  commissioner of human services.  
 17.18     In addition, each county shall submit to the commissioner 
 17.19  of human services no later than February 15 of each year, a 
 17.20  detailed balance sheet of the community social development fund 
 17.21  for the preceding calendar year.  
 17.22     If county boards have joined or designated human service 
 17.23  boards for purposes of providing community social services 
 17.24  programs, the county boards may submit a joint statement or the 
 17.25  human service board shall submit the statement, as applicable.  
 17.26     Sec. 23.  Minnesota Statutes 1994, section 257.55, 
 17.27  subdivision 1, is amended to read: 
 17.28     Subdivision 1.  [PRESUMPTION.] A man is presumed to be the 
 17.29  biological father of a child if:  
 17.30     (a) He and the child's biological mother are or have been 
 17.31  married to each other and the child is born during the marriage, 
 17.32  or within 280 days after the marriage is terminated by death, 
 17.33  annulment, declaration of invalidity, dissolution, or divorce, 
 17.34  or after a decree of legal separation is entered by a court; 
 17.35     (b) Before the child's birth, he and the child's biological 
 17.36  mother have attempted to marry each other by a marriage 
 18.1   solemnized in apparent compliance with law, although the 
 18.2   attempted marriage is or could be declared void, voidable, or 
 18.3   otherwise invalid, and, 
 18.4      (1) if the attempted marriage could be declared invalid 
 18.5   only by a court, the child is born during the attempted 
 18.6   marriage, or within 280 days after its termination by death, 
 18.7   annulment, declaration of invalidity, dissolution or divorce; or 
 18.8      (2) if the attempted marriage is invalid without a court 
 18.9   order, the child is born within 280 days after the termination 
 18.10  of cohabitation; 
 18.11     (c) After the child's birth, he and the child's biological 
 18.12  mother have married, or attempted to marry, each other by a 
 18.13  marriage solemnized in apparent compliance with law, although 
 18.14  the attempted marriage is or could be declared void, voidable, 
 18.15  or otherwise invalid, and, 
 18.16     (1) he has acknowledged his paternity of the child in 
 18.17  writing filed with the state registrar of vital statistics; 
 18.18     (2) with his consent, he is named as the child's father on 
 18.19  the child's birth certificate; or 
 18.20     (3) he is obligated to support the child under a written 
 18.21  voluntary promise or by court order; 
 18.22     (d) While the child is under the age of majority, he 
 18.23  receives the child into his home and openly holds out the child 
 18.24  as his biological child; 
 18.25     (e) He and the child's biological mother acknowledge his 
 18.26  paternity of the child in a writing signed by both of them under 
 18.27  section 257.34 and filed with the state registrar of vital 
 18.28  statistics.  If another man is presumed under this paragraph to 
 18.29  be the child's father, acknowledgment may be effected only with 
 18.30  the written consent of the presumed father or after the 
 18.31  presumption has been rebutted; 
 18.32     (f) Evidence of statistical probability of paternity based 
 18.33  on blood or genetic testing establishes the likelihood that he 
 18.34  is the father of the child, calculated with a prior probability 
 18.35  of no more than 0.5 (50 percent), is 99 percent or greater; 
 18.36     (g) He and the child's biological mother have executed a 
 19.1   recognition of parentage in accordance with section 257.75 and 
 19.2   another man is presumed to be the father under this subdivision; 
 19.3   or 
 19.4      (h) He and the child's biological mother have executed a 
 19.5   recognition of parentage in accordance with section 257.75 and 
 19.6   another man and the child's mother have executed a recognition 
 19.7   of parentage in accordance with section 257.75. 
 19.8      Sec. 24.  Minnesota Statutes 1994, section 257.57, 
 19.9   subdivision 2, is amended to read: 
 19.10     Subd. 2.  The child, the mother, or personal representative 
 19.11  of the child, the public authority chargeable by law with the 
 19.12  support of the child, the personal representative or a parent of 
 19.13  the mother if the mother has died or is a minor, a man alleged 
 19.14  or alleging himself to be the father, or the personal 
 19.15  representative or a parent of the alleged father if the alleged 
 19.16  father has died or is a minor may bring an action: 
 19.17     (1) at any time for the purpose of declaring the existence 
 19.18  of the father and child relationship presumed under section 
 19.19  257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or 
 19.20  the nonexistence of the father and child relationship presumed 
 19.21  under clause (d) of that subdivision; 
 19.22     (2) for the purpose of declaring the nonexistence of the 
 19.23  father and child relationship presumed under section 257.55, 
 19.24  subdivision 1, paragraph (e) or (g), only if the action is 
 19.25  brought within three years after the date of the execution of 
 19.26  the declaration or recognition of parentage; or 
 19.27     (3) for the purpose of declaring the nonexistence of the 
 19.28  father and child relationship presumed under section 257.55, 
 19.29  subdivision 1, paragraph (f), only if the action is brought 
 19.30  within three years after the party bringing the action, or the 
 19.31  party's attorney of record, has been provided the blood or 
 19.32  genetic test results. 
 19.33     Sec. 25.  Minnesota Statutes 1994, section 257.62, 
 19.34  subdivision 1, is amended to read: 
 19.35     Subdivision 1.  [BLOOD OR GENETIC TESTS REQUIRED.] The 
 19.36  court may, and upon request of a party shall, require the child, 
 20.1   mother, or alleged father to submit to blood or genetic tests.  
 20.2   A copy of the test results must be served on the parties as 
 20.3   provided in section 543.20.  Any objection to the results of 
 20.4   blood or genetic tests must be made in writing no later than 15 
 20.5   days prior to a hearing at which time those test results may be 
 20.6   introduced into evidence.  Test results served upon a party must 
 20.7   include notice of this right to object.  If the alleged father 
 20.8   is dead, the court may, and upon request of a party shall, 
 20.9   require the decedent's parents or brothers and sisters or both 
 20.10  to submit to blood or genetic tests.  However, in a case 
 20.11  involving these relatives of an alleged father, who is deceased, 
 20.12  the court may refuse to order blood or genetic tests if the 
 20.13  court makes an express finding that submitting to the tests 
 20.14  presents a danger to the health of one or more of these 
 20.15  relatives that outweighs the child's interest in having the 
 20.16  tests performed.  Unless the person gives consent to the use, 
 20.17  the results of any blood or genetic tests of the decedent's 
 20.18  parents, brothers, or sisters may be used only to establish the 
 20.19  right of the child to public assistance including but not 
 20.20  limited to social security and veterans' benefits.  The tests 
 20.21  shall be performed by a qualified expert appointed by the court. 
 20.22     Sec. 26.  Minnesota Statutes 1994, section 257.62, 
 20.23  subdivision 5, is amended to read: 
 20.24     Subd. 5.  [POSITIVE TEST RESULTS.] (a) If the results of 
 20.25  blood or genetic tests completed in a laboratory accredited by 
 20.26  the American Association of Blood Banks indicate that the 
 20.27  likelihood of the alleged father's paternity, calculated with a 
 20.28  prior probability of no more than 0.5 (50 percent), is 92 
 20.29  percent or greater, upon motion the court shall order the 
 20.30  alleged father to pay temporary child support determined 
 20.31  according to chapter 518.  The alleged father shall pay the 
 20.32  support money into court pursuant to the rules of civil 
 20.33  procedure to await the results of the paternity proceedings.  
 20.34     (b) If the results of blood or genetic tests completed in a 
 20.35  laboratory accredited by the American Association of Blood Banks 
 20.36  indicate that likelihood of the alleged father's paternity, 
 21.1   calculated with a prior probability of no more than 0.5 (50 
 21.2   percent), is 99 percent or greater, the alleged father is 
 21.3   presumed to be the parent and the party opposing the 
 21.4   establishment of the alleged father's paternity has the burden 
 21.5   of proving by clear and convincing evidence that the alleged 
 21.6   father is not the father of the child. 
 21.7      Sec. 27.  Minnesota Statutes 1994, section 257.62, 
 21.8   subdivision 6, is amended to read: 
 21.9      Subd. 6.  [TESTS, EVIDENCE ADMISSIBLE.] In any hearing 
 21.10  brought under subdivision 5, a certified report of the facts and 
 21.11  results of a laboratory analysis or examination of blood or 
 21.12  genetic tests, that is performed in a laboratory accredited to 
 21.13  meet the Standards for Parentage Testing of the American 
 21.14  Association of Blood Banks and is prepared and attested by a 
 21.15  qualified expert appointed by the court, shall be admissible in 
 21.16  evidence without proof of the seal, signature, or official 
 21.17  character of the person whose name is signed to it, unless a 
 21.18  demand is made by a party in a motion or responsive motion made 
 21.19  within the time limit for making and filing a responsive motion 
 21.20  that the matter be heard on oral testimony before the court.  If 
 21.21  no objection is made, the blood or genetic test results are 
 21.22  admissible as evidence without the need for foundation testimony 
 21.23  or other proof of authenticity or accuracy.  
 21.24     Sec. 28.  Minnesota Statutes 1994, section 257.64, 
 21.25  subdivision 3, is amended to read: 
 21.26     Subd. 3.  If a party refuses to accept a recommendation 
 21.27  made under subdivision 1 and blood or genetic tests have not 
 21.28  been taken, the court shall require the parties to submit to 
 21.29  blood or genetic tests, if practicable.  Any objection to blood 
 21.30  or genetic testing results must be made in writing no later than 
 21.31  15 days before any hearing at which time the results may be 
 21.32  introduced into evidence.  Test results served upon a party must 
 21.33  include a notice of this right to object.  Thereafter the court 
 21.34  shall make an appropriate final recommendation.  If a party 
 21.35  refuses to accept the final recommendation the action shall be 
 21.36  set for trial.  
 22.1      Sec. 29.  Minnesota Statutes 1994, section 257.69, 
 22.2   subdivision 1, is amended to read: 
 22.3      Subdivision 1.  [REPRESENTATION BY COUNSEL.] In all 
 22.4   proceedings under sections 257.51 to 257.74, any party may be 
 22.5   represented by counsel.  If the public authority charged by law 
 22.6   with support of a child is a party, The county attorney shall 
 22.7   represent the public authority.  If the child receives public 
 22.8   assistance and no conflict of interest exists, the county 
 22.9   attorney shall also represent the custodial parent.  If a 
 22.10  conflict of interest exists, the court shall appoint counsel for 
 22.11  the custodial parent at no cost to the parent.  If the child 
 22.12  does not receive public assistance, the county attorney may 
 22.13  represent the custodial parent at the parent's request.  The 
 22.14  court shall appoint counsel for a party who is unable to pay 
 22.15  timely for counsel in proceedings under sections 257.51 to 
 22.16  257.74. 
 22.17     Sec. 30.  Minnesota Statutes 1994, section 257.69, 
 22.18  subdivision 2, is amended to read: 
 22.19     Subd. 2.  [GUARDIAN; LEGAL FEES.] The court may order 
 22.20  expert witness and guardian ad litem fees and other costs of the 
 22.21  trial and pretrial proceedings, including appropriate tests, to 
 22.22  be paid by the parties in proportions and at times determined by 
 22.23  the court.  The court shall require a party to pay part of the 
 22.24  fees of court-appointed counsel according to the party's ability 
 22.25  to pay, but if counsel has been appointed the appropriate agency 
 22.26  shall pay the party's proportion of all other fees and costs.  
 22.27  The agency responsible for child support enforcement shall pay 
 22.28  the fees and costs for blood or genetic tests in a proceeding in 
 22.29  which it is a party, is the real party in interest, or is acting 
 22.30  on behalf of the child.  However, at the close of a proceeding 
 22.31  in which paternity has been established under sections 257.51 to 
 22.32  257.74, the court shall order the adjudicated father to 
 22.33  reimburse the public agency, if the court finds he has 
 22.34  sufficient resources to pay the costs of the blood or genetic 
 22.35  tests.  When a party bringing an action is represented by the 
 22.36  county attorney, no filing fee shall be paid to the court 
 23.1   administrator. 
 23.2      Sec. 31.  Minnesota Statutes 1994, section 518.171, 
 23.3   subdivision 1, is amended to read: 
 23.4      Subdivision 1.  [ORDER.] Compliance with this section 
 23.5   constitutes compliance with a qualified medical child support 
 23.6   order as described in the federal Employee Retirement Income 
 23.7   Security Act of 1974 (ERISA) as amended by the federal Omnibus 
 23.8   Budget Reconciliation Act of 1993 (OBRA).  
 23.9      (a) Every child support order must: 
 23.10     (1) expressly assign or reserve the responsibility for 
 23.11  maintaining medical insurance for the minor children and the 
 23.12  division of uninsured medical and dental costs; and 
 23.13     (2) contain the names and last known addresses, if any, of 
 23.14  the dependents unless the court prohibits the inclusion of an 
 23.15  address and orders the custodial parent to provide the address 
 23.16  to the administrator of the health plan.  The court shall order 
 23.17  the party with the better group dependent health and dental 
 23.18  insurance coverage or health insurance plan to name the minor 
 23.19  child as beneficiary on any health and dental insurance plan 
 23.20  that is available to the party on: 
 23.21     (i) a group basis; 
 23.22     (ii) through an employer or union; or 
 23.23     (iii) through a group health plan governed under the ERISA 
 23.24  and included within the definitions relating to health plans 
 23.25  found in section 62A.011, 62A.048, or 62E.06, subdivision 2.  
 23.26  "Health insurance" or "health insurance coverage" as used in 
 23.27  this section means coverage that is comparable to or better than 
 23.28  a number two qualified plan as defined in section 62E.06, 
 23.29  subdivision 2.  "Health insurance" or "health insurance 
 23.30  coverage" as used in this section does not include medical 
 23.31  assistance provided under chapter 256, 256B, or 256D. 
 23.32     (b) If the court finds that dependent health or dental 
 23.33  insurance is not available to the obligor or obligee on a group 
 23.34  basis or through an employer or union, or that group insurance 
 23.35  is not accessible to the obligee, the court may require the 
 23.36  obligor (1) to obtain other dependent health or dental 
 24.1   insurance, (2) to be liable for reasonable and necessary medical 
 24.2   or dental expenses of the child, or (3) to pay no less than $50 
 24.3   per month to be applied to the medical and dental expenses of 
 24.4   the children or to the cost of health insurance dependent 
 24.5   coverage. 
 24.6      (c) If the court finds that the available dependent health 
 24.7   or dental insurance does not pay all the reasonable and 
 24.8   necessary medical or dental expenses of the child, including any 
 24.9   existing or anticipated extraordinary medical expenses, and the 
 24.10  court finds that the obligor has the financial ability to 
 24.11  contribute to the payment of these medical or dental expenses, 
 24.12  the court shall require the obligor to be liable for all or a 
 24.13  portion of the medical or dental expenses of the child not 
 24.14  covered by the required health or dental plan.  Medical and 
 24.15  dental expenses include, but are not limited to, necessary 
 24.16  orthodontia and eye care, including prescription lenses. 
 24.17     (d) Unless otherwise agreed by the parties and approved by 
 24.18  the court, if the court finds that the obligee is not receiving 
 24.19  public assistance for the child and has the financial ability to 
 24.20  contribute to the cost of medical and dental expenses for the 
 24.21  child, including the cost of insurance, the court shall order 
 24.22  the obligee and obligor to each assume a portion of these 
 24.23  expenses based on their proportionate share of their total net 
 24.24  income as defined in section 518.54, subdivision 6. 
 24.25     (e) Payments ordered under this section are subject to 
 24.26  section 518.611.  An obligee who fails to apply payments 
 24.27  received to the medical expenses of the dependents may be found 
 24.28  in contempt of this order. 
 24.29     Sec. 32.  Minnesota Statutes 1994, section 518.171, 
 24.30  subdivision 3, is amended to read: 
 24.31     Subd. 3.  [IMPLEMENTATION.] A copy of the court order for 
 24.32  insurance coverage shall be forwarded to the obligor's employer 
 24.33  or union and to the health or dental insurance plan by the 
 24.34  obligee or the public authority responsible for support 
 24.35  enforcement only when ordered by the court or when the following 
 24.36  conditions are met: 
 25.1      (1) the obligor fails to provide written proof to the 
 25.2   obligee or the public authority, within 30 days of the effective 
 25.3   date of the court order, that the insurance has been obtained or 
 25.4   that application for insurability has been made; 
 25.5      (2) the obligee or the public authority serves written 
 25.6   notice of its intent to enforce medical support on the obligor 
 25.7   by mail at the obligor's last known post office address; and 
 25.8      (3) the obligor fails within 15 days after the mailing of 
 25.9   the notice to provide written proof to the obligee or the public 
 25.10  authority that the insurance coverage existed as of the date of 
 25.11  mailing. 
 25.12     The employer or union shall forward a copy of the order to 
 25.13  the health and dental insurance plan offered by the employer. 
 25.14     Sec. 33.  Minnesota Statutes 1994, section 518.171, 
 25.15  subdivision 4, is amended to read: 
 25.16     Subd. 4.  [EFFECT OF ORDER.] (a) The order is binding on 
 25.17  the employer or union and the health and dental insurance plan 
 25.18  when service under subdivision 3 has been made.  An employer or 
 25.19  union that is included under ERISA may not deny enrollment based 
 25.20  on exclusionary clauses described in section 62A.048.  Upon 
 25.21  receipt of the order, or upon application of the obligor 
 25.22  pursuant to the order, the employer or union and its health and 
 25.23  dental insurance plan shall enroll the minor child as a 
 25.24  beneficiary in the group insurance plan and withhold any 
 25.25  required premium from the obligor's income or wages.  If more 
 25.26  than one plan is offered by the employer or union, the child 
 25.27  shall be enrolled in the insurance plan in which the obligor is 
 25.28  enrolled or the least costly health insurance plan otherwise 
 25.29  available to the obligor that is comparable to a number two 
 25.30  qualified plan.  If the obligor is not enrolled in a health 
 25.31  insurance plan, the employer or union shall also enroll the 
 25.32  obligor in the chosen plan if enrollment of the obligor is 
 25.33  necessary in order to obtain dependent coverage under the plan.  
 25.34  Enrollment of dependents and the obligor shall be immediate and 
 25.35  not dependent upon open enrollment periods.  Enrollment is not 
 25.36  subject to the underwriting policies described in section 
 26.1   62A.048.  
 26.2      (b) An employer or union that willfully fails to comply 
 26.3   with the order is liable for any health or dental expenses 
 26.4   incurred by the dependents during the period of time the 
 26.5   dependents were eligible to be enrolled in the insurance 
 26.6   program, and for any other premium costs incurred because the 
 26.7   employer or union willfully failed to comply with the order.  An 
 26.8   employer or union that fails to comply with the order is subject 
 26.9   to contempt under section 518.615 and is also subject to a fine 
 26.10  of $500 to be paid to the obligee or public authority.  Fines 
 26.11  paid to the public authority are designated for child support 
 26.12  enforcement services. 
 26.13     (c) Failure of the obligor to execute any documents 
 26.14  necessary to enroll the dependent in the group health and dental 
 26.15  insurance plan will not affect the obligation of the employer or 
 26.16  union and group health and dental insurance plan to enroll the 
 26.17  dependent in a plan for which other eligibility requirements are 
 26.18  met.  Information and authorization provided by the public 
 26.19  authority responsible for child support enforcement, or by the 
 26.20  custodial parent or guardian, is valid for the purposes of 
 26.21  meeting enrollment requirements of the health plan.  The 
 26.22  insurance coverage for a child eligible under subdivision 5 
 26.23  shall not be terminated except as authorized in subdivision 5. 
 26.24     Sec. 34.  Minnesota Statutes 1994, section 518.171, 
 26.25  subdivision 5, is amended to read: 
 26.26     Subd. 5.  [ELIGIBLE CHILD.] A minor child that an obligor 
 26.27  is required to cover as a beneficiary pursuant to this section 
 26.28  is eligible for insurance coverage as a dependent of the obligor 
 26.29  until the child is emancipated or until further order of the 
 26.30  court.  The health or dental insurance plan may not disenroll or 
 26.31  eliminate coverage of the child unless the health or dental 
 26.32  insurance plan is provided satisfactory written evidence that 
 26.33  the court order is no longer in effect, or the child is or will 
 26.34  be enrolled in comparable health coverage through another health 
 26.35  or dental insurance plan that will take effect no later than the 
 26.36  effective date of the disenrollment, or the employer has 
 27.1   eliminated family health and dental coverage for all of its 
 27.2   employees.  
 27.3      Sec. 35.  Minnesota Statutes 1994, section 518.171, 
 27.4   subdivision 7, is amended to read: 
 27.5      Subd. 7.  [RELEASE OF INFORMATION.] When an order for 
 27.6   dependent insurance coverage is in effect, the obligor's 
 27.7   employer, union, or insurance agent shall release to the obligee 
 27.8   or the public authority, upon request, information on the 
 27.9   dependent coverage, including the name of the insurer health or 
 27.10  dental insurance plan.  The employer, union, health or dental 
 27.11  insurance plan, or insurance agent shall provide the obligee 
 27.12  with insurance identification cards and all necessary written 
 27.13  information to enable the obligee to utilize the insurance 
 27.14  benefits for the covered dependents.  Notwithstanding any other 
 27.15  law, information reported pursuant to section 268.121 shall be 
 27.16  released to the public agency responsible for support 
 27.17  enforcement that is enforcing an order for medical health or 
 27.18  dental insurance coverage under this section.  The public agency 
 27.19  responsible for support enforcement is authorized to release to 
 27.20  the obligor's insurer health or dental insurance plan or 
 27.21  employer information necessary to obtain or enforce medical 
 27.22  support. 
 27.23     Sec. 36.  Minnesota Statutes 1994, section 518.171, 
 27.24  subdivision 8, is amended to read: 
 27.25     Subd. 8.  [OBLIGOR LIABILITY.] (a) An obligor who fails to 
 27.26  maintain medical or dental insurance for the benefit of the 
 27.27  children as ordered or fails to provide other medical support as 
 27.28  ordered is liable to the obligee for any medical or dental 
 27.29  expenses incurred from the effective date of the court order, 
 27.30  including health and dental insurance premiums paid by the 
 27.31  obligee because of the obligor's failure to obtain coverage as 
 27.32  ordered.  Proof of failure to maintain insurance or 
 27.33  noncompliance with an order to provide other medical support 
 27.34  constitutes a showing of increased need by the obligee pursuant 
 27.35  to section 518.64 and provides a basis for a modification of the 
 27.36  obligor's child support order. 
 28.1      (b) Payments for services rendered to the dependents that 
 28.2   are directed to the obligor, in the form of reimbursement by the 
 28.3   insurer health or dental insurance plan, must be endorsed over 
 28.4   to and forwarded to the vendor or custodial parent or public 
 28.5   authority when the reimbursement is not owed to the obligor.  An 
 28.6   obligor retaining insurance reimbursement not owed to the 
 28.7   obligor may be found in contempt of this order and held liable 
 28.8   for the amount of the reimbursement.  Upon written verification 
 28.9   by the insurer health or dental insurance plan of the amounts 
 28.10  paid to the obligor, the reimbursement amount is subject to all 
 28.11  enforcement remedies available under subdivision 10, including 
 28.12  income withholding pursuant to section 518.611.  The monthly 
 28.13  amount to be withheld until the obligation is satisfied is 20 
 28.14  percent of the original debt or $50, whichever is greater. 
 28.15     Sec. 37.  Minnesota Statutes 1994, section 518.611, 
 28.16  subdivision 2, is amended to read: 
 28.17     Subd. 2.  [CONDITIONS OF INCOME WITHHOLDING.] (a) 
 28.18  Withholding shall result when:  
 28.19     (1) the obligor requests it in writing to the public 
 28.20  authority; 
 28.21     (2) the custodial parent requests it by making a motion to 
 28.22  the court and the court finds that previous support has not been 
 28.23  paid on a timely or consistent basis or that the obligor has 
 28.24  threatened expressly or otherwise to stop or reduce payments; or 
 28.25     (3) the obligor fails to make the maintenance or support 
 28.26  payments, and the following conditions are met:  
 28.27     (i) the obligor is at least 30 days in arrears; 
 28.28     (ii) the obligee or the public authority serves written 
 28.29  notice of income withholding, showing arrearage, on the obligor 
 28.30  at least 15 days before service of the notice of income 
 28.31  withholding and a copy of the court's order on the payor of 
 28.32  funds; 
 28.33     (iii) within the 15-day period, the obligor fails to move 
 28.34  the court to deny withholding on the grounds that an arrearage 
 28.35  of at least 30 days does not exist as of the date of the notice 
 28.36  of income withholding, or on other grounds limited to mistakes 
 29.1   of fact, and, ex parte, to stay service on the payor of funds 
 29.2   until the motion to deny withholding is heard; 
 29.3      (iv) the obligee or the public authority serves a copy of 
 29.4   the notice of income withholding, a copy of the court's order or 
 29.5   notice of order, and the provisions of this section on the payor 
 29.6   of funds; and 
 29.7      (v) the obligee serves on the public authority a copy of 
 29.8   the notice of income withholding, a copy of the court's order, 
 29.9   an application, and the fee to use the public authority's 
 29.10  collection services.  
 29.11  For those persons not applying for the public authority's IV-D 
 29.12  services, a monthly service fee of $15 must be charged to the 
 29.13  obligor in addition to the amount of child support ordered by 
 29.14  the court and withheld through automatic income withholding, or 
 29.15  for persons applying for the public authority's IV-D services, 
 29.16  the service fee under section 518.551, subdivision 7, applies.  
 29.17  The county agency shall explain to affected persons the services 
 29.18  available and encourage the applicant to apply for IV-D services.
 29.19     (b) To pay the arrearage specified in the notice of income 
 29.20  withholding, the employer or payor of funds shall withhold from 
 29.21  the obligor's income an additional amount equal to 20 percent of 
 29.22  the monthly child support or maintenance obligation until the 
 29.23  arrearage is paid. 
 29.24     (c) The obligor may move the court, under section 518.64, 
 29.25  to modify the order respecting the amount of maintenance or 
 29.26  support. 
 29.27     (d) Every order for support or maintenance shall provide 
 29.28  for a conspicuous notice of the provisions of this subdivision 
 29.29  that complies with section 518.68, subdivision 2.  An order 
 29.30  without this notice remains subject to this subdivision. 
 29.31     (e) Absent a court order to the contrary, if an arrearage 
 29.32  exists at the time an order for ongoing support or maintenance 
 29.33  would otherwise terminate, income withholding shall continue in 
 29.34  effect in an amount equal to the former support or maintenance 
 29.35  obligation plus an additional amount equal to 20 percent of the 
 29.36  monthly child support obligation, until all arrears have been 
 30.1   paid in full. 
 30.2      Sec. 38.  Minnesota Statutes 1994, section 518.611, 
 30.3   subdivision 4, is amended to read: 
 30.4      Subd. 4.  [EFFECT OF ORDER.] (a) Notwithstanding any law to 
 30.5   the contrary, the order is binding on the employer, trustee, 
 30.6   payor of the funds, or financial institution when service under 
 30.7   subdivision 2 has been made.  Withholding must begin no later 
 30.8   than the first pay period that occurs after 14 days following 
 30.9   the date of the notice.  In the case of a financial institution, 
 30.10  preauthorized transfers must occur in accordance with a 
 30.11  court-ordered payment schedule.  An employer, payor of funds, or 
 30.12  financial institution in this state is required to withhold 
 30.13  income according to court orders for withholding issued by other 
 30.14  states or territories.  The payor shall withhold from the income 
 30.15  payable to the obligor the amount specified in the order and 
 30.16  amounts required under subdivision 2 and section 518.613 and 
 30.17  shall remit, within ten days of the date the obligor is paid the 
 30.18  remainder of the income, the amounts withheld to the public 
 30.19  authority.  The payor shall identify on the remittance 
 30.20  information the date the obligor is paid the remainder of the 
 30.21  income.  The obligor is considered to have paid the amount 
 30.22  withheld as of the date the obligor received the remainder of 
 30.23  the income.  The financial institution shall execute 
 30.24  preauthorized transfers from the deposit accounts of the obligor 
 30.25  in the amount specified in the order and amounts required under 
 30.26  subdivision 2 as directed by the public authority responsible 
 30.27  for child support enforcement.  
 30.28     (b) Employers may combine all amounts withheld from one pay 
 30.29  period into one payment to each public authority, but shall 
 30.30  separately identify each obligor making payment.  Amounts 
 30.31  received by the public authority which are in excess of public 
 30.32  assistance expended for the party or for a child shall be 
 30.33  remitted to the party.  
 30.34     (c) An employer shall not discharge, or refuse to hire, or 
 30.35  otherwise discipline an employee as a result of a wage or salary 
 30.36  withholding authorized by this section.  The employer or other 
 31.1   payor of funds shall be liable to the obligee for any amounts 
 31.2   required to be withheld.  A financial institution is liable to 
 31.3   the obligee if funds in any of the obligor's deposit accounts 
 31.4   identified in the court order equal the amount stated in the 
 31.5   preauthorization agreement but are not transferred by the 
 31.6   financial institution in accordance with the agreement.  An 
 31.7   employer or other payor of funds that fails to withhold or 
 31.8   transfer funds in accordance with this section is also liable to 
 31.9   the obligee for interest on the funds at the rate applicable to 
 31.10  judgments under section 549.09, computed from the date the funds 
 31.11  were required to be withheld or transferred.  An employer or 
 31.12  other payor of funds is liable for reasonable attorney fees of 
 31.13  the obligee or public authority incurred in enforcing the 
 31.14  liability under this paragraph.  An employer or other payor of 
 31.15  funds that has failed to comply with the requirements of this 
 31.16  section is subject to contempt sanctions under section 518.615.  
 31.17  If an employer violates this subdivision, a court may award the 
 31.18  employee twice the wages lost as a result of this violation.  If 
 31.19  a court finds the employer violates this subdivision, the court 
 31.20  shall impose a civil fine of not less than $500.  
 31.21     Sec. 39.  Minnesota Statutes 1994, section 518.613, 
 31.22  subdivision 2, is amended to read: 
 31.23     Subd. 2.  [ORDER; COLLECTION SERVICES.] Every order for 
 31.24  child support must include the obligor's social security number 
 31.25  and date of birth and the name and address of the obligor's 
 31.26  employer or other payor of funds.  In addition, every order must 
 31.27  contain provisions requiring the obligor to keep the public 
 31.28  authority informed of the name and address of the obligor's 
 31.29  current employer, or other payor of funds and whether the 
 31.30  obligor has access to employment-related health insurance 
 31.31  coverage and, if so, the health insurance policy information.  
 31.32  Upon entry of the order for support or maintenance, the court 
 31.33  shall mail, within five working days of entering the order, a 
 31.34  copy of the court's automatic income withholding order and the 
 31.35  provisions of section 518.611 and this section to the obligor's 
 31.36  employer or other payor of funds and to the public authority 
 32.1   responsible for child support enforcement.  If the employer is 
 32.2   unknown, the order must be forwarded to the public authority 
 32.3   responsible for child support enforcement.  Upon locating a 
 32.4   payor of funds, the public authority responsible for child 
 32.5   support enforcement shall mail a copy of the court's automatic 
 32.6   income withholding order within five working days of locating 
 32.7   the address of the payor of funds.  An obligee who is not a 
 32.8   recipient of public assistance must decide to either apply for 
 32.9   the IV-D collection services of the public authority or obtain 
 32.10  income withholding only services when an order for support is 
 32.11  entered unless the requirements of this section have been waived 
 32.12  under subdivision 7.  The supreme court shall develop a standard 
 32.13  automatic income withholding form to be used by all Minnesota 
 32.14  courts.  This form shall be made a part of any order for support 
 32.15  or decree by reference.  
 32.16     Sec. 40.  Minnesota Statutes 1994, section 518.613, 
 32.17  subdivision 7, is amended to read: 
 32.18     Subd. 7.  [WAIVER.] (a) The court may waive the 
 32.19  requirements of this section if the court finds that there is no 
 32.20  arrearage in child support or maintenance as of the date of the 
 32.21  hearing, that it would not be contrary to the best interests of 
 32.22  the child, and:  (1) one party demonstrates and the court finds 
 32.23  that there is good cause to waive the requirements of this 
 32.24  section or to terminate automatic income withholding on an order 
 32.25  previously entered under this section; or (2) all parties reach 
 32.26  a written agreement that provides for an alternative payment 
 32.27  arrangement and the agreement is approved by the court after a 
 32.28  finding that the agreement is likely to result in regular and 
 32.29  timely payments.  The court's findings waiving the requirements 
 32.30  of this section must include a written explanation of the 
 32.31  reasons why automatic withholding would not be in the best 
 32.32  interests of the child and, in a case that involves modification 
 32.33  of support, that past support has been timely made.  If the 
 32.34  court waives the requirements of this section: 
 32.35     (1) in all cases where the obligor is at least 30 days in 
 32.36  arrears, withholding must be carried out pursuant to section 
 33.1   518.611; 
 33.2      (2) the obligee may at any time and without cause request 
 33.3   the court to issue an order for automatic income withholding 
 33.4   under this section; and 
 33.5      (3) the obligor may at any time request the public 
 33.6   authority to begin withholding pursuant to this section, by 
 33.7   serving upon the public authority the request and a copy of the 
 33.8   order for child support or maintenance.  Upon receipt of the 
 33.9   request, the public authority shall serve a copy of the court's 
 33.10  order and the provisions of section 518.611 and this section on 
 33.11  the obligor's employer or other payor of funds.  The public 
 33.12  authority shall notify the court that withholding has begun at 
 33.13  the request of the obligor pursuant to this clause. 
 33.14     (b) For purposes of this subdivision, "parties" includes 
 33.15  the public authority in cases when it is a party pursuant to 
 33.16  section 518.551, subdivision 9. 
 33.17     Sec. 41.  Minnesota Statutes 1994, section 518.615, 
 33.18  subdivision 3, is amended to read: 
 33.19     Subd. 3.  [LIABILITY.] The employer, trustee, or payor of 
 33.20  funds is liable to the obligee or the agency responsible for 
 33.21  child support enforcement for any amounts required to be 
 33.22  withheld that were not paid.  The court may enter judgment 
 33.23  against the employer, trustee, or payor of funds for support not 
 33.24  withheld or remitted.  An employer, trustee, or payor of funds 
 33.25  found guilty of contempt shall be punished by a fine of not more 
 33.26  than $250 as provided in chapter 588.  The court may also impose 
 33.27  other contempt sanctions authorized under chapter 588.  
 33.28     Sec. 42.  [RAMSEY COUNTY ELECTRONIC BENEFIT SERVICE.] 
 33.29     Notwithstanding the requirements for state contracts 
 33.30  contained in Minnesota Statutes, chapter 16B, or Laws 1993, 
 33.31  First Special Session chapter 1, article 1, section 2, 
 33.32  subdivision 5, or any other law to the contrary, the 
 33.33  commissioner, under terms and conditions approved by the 
 33.34  attorney general, may accept assignment from Ramsey county of 
 33.35  any existing contract, license agreement, or similar 
 33.36  transactional document related to the Ramsey county electronic 
 34.1   benefit system.  The term of any contract, agreement, or other 
 34.2   document assigned to the state, including the agreement arising 
 34.3   from the Ramsey county electronic benefit services pilot 
 34.4   project, may not extend beyond June 30, 1997, and the 
 34.5   commissioner must publish a request for proposals for succeeding 
 34.6   electronic benefits services, including services required for 
 34.7   statewide expansion in the State Register before January 1, 1996.
 34.8      Sec. 43.  [REPEALER.] 
 34.9      Minnesota Statutes 1994, sections 62C.141; 62C.143; 
 34.10  62D.106; and 62E.04, subdivisions 9 and 10, are repealed.  
 34.11     Sec. 44.  [EFFECTIVE DATE.] 
 34.12     Sections 1 to 4 and 15 to 20 (62A.045; 62A.046; 62A.048; 
 34.13  62A.27; 257.69, subdivision 2; 518.171, subdivisions 1, 3, 4, 5, 
 34.14  and 7) are effective retroactive to August 10, 1993.